Federal Register Vol. 83, No.70,

Federal Register Volume 83, Issue 70 (April 11, 2018)

Page Range15491-15725
FR Document

83_FR_70
Current View
Page and SubjectPDF
83 FR 15502 - Universal ServicePDF
83 FR 15499 - Safety and Health Regulations for ConstructionPDF
83 FR 15503 - Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)PDF
83 FR 15561 - Safer Choice Partner & Stakeholder Summit 2018; Notice of Public MeetingPDF
83 FR 15528 - Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various CommoditiesPDF
83 FR 15562 - Agency Information Collection Activities; Proposed Collection; Comment Request; Notification of Episodic Releases of Oil and Hazardous Substances (Renewal); EPA ICR No. 1049.14PDF
83 FR 15627 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-ASTM International StandardsPDF
83 FR 15568 - Appraisal Subcommittee Notice of MeetingPDF
83 FR 15560 - Proposed Information Collection Request; Comment Request; Data Reporting Requirements for State and Local Vehicle Emission Inspection and Maintenance (I/M) ProgramsPDF
83 FR 15538 - Fisheries of the Exclusive Economic Zone Off Alaska; Reclassifying Squid Species in the BSAI and GOAPDF
83 FR 15531 - Streamlined Reauthorization Procedures for Assigned or Transferred Television Satellite Stations; Modernization of Media Regulation InitiativePDF
83 FR 15668 - Request for Comments on the Renewal of a Previously Approved Information Collection: Application for Conveyance of Port Facility PropertyPDF
83 FR 15669 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPELLBOUND; Invitation for Public CommentsPDF
83 FR 15669 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SERENITY; Invitation for Public CommentsPDF
83 FR 15673 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel R and R; Invitation for Public CommentsPDF
83 FR 15671 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel FUNSEEKER; Invitation for Public CommentsPDF
83 FR 15672 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel FEARLESS; Invitation for Public CommentsPDF
83 FR 15670 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ENVOLEE; Invitation for Public CommentsPDF
83 FR 15674 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel DESPERADO; Invitation for Public CommentsPDF
83 FR 15674 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel CHILLIN'; Invitation for Public CommentsPDF
83 FR 15670 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel CAPT EASY; Invitation for Public CommentsPDF
83 FR 15671 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ANNE BONNY; Invitation for Public CommentsPDF
83 FR 15673 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel ABLE ONE; Invitation for Public CommentsPDF
83 FR 15587 - Center for Substance Abuse Treatment; Notice of MeetingPDF
83 FR 15560 - Notice of Institution of Section 206 Proceeding and Refund Effective Date; Illinois Power Resources Generating, LLCPDF
83 FR 15559 - Notice of Schedule for Environmental Review of the Enbridge-Texas Eastern Transmission, L.P. Tx-La Markets ProjectPDF
83 FR 15560 - Notice of Petition for Waiver; Black Hills Shoshone Pipeline, LLCPDF
83 FR 15706 - Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2017; NoticePDF
83 FR 15514 - Appliance Standards and Rulemaking Federal Advisory Committee: Notification of Intent To Establish a Working Group for Variable Refrigerant Flow Multi-Split Air Conditioners and Heat Pumps To Negotiate a Notice of Proposed Rulemaking for Test Procedures and Energy Conservation StandardsPDF
83 FR 15593 - 30-Day Notice of Proposed Information Collection: Restrictions on Assistance to NoncitizensPDF
83 FR 15592 - 60-Day Notice of Proposed Information Collection: HUD Multifamily Energy AssessmentPDF
83 FR 15568 - Notice of Agreements FiledPDF
83 FR 15600 - Agency Information Collection Activities; Application for Land for Recreation or Public PurposesPDF
83 FR 15598 - Agency Information Collection Activities; Color-of-Title ApplicationPDF
83 FR 15524 - Addition to the National NetworkPDF
83 FR 15587 - Notice of Meeting for the Interdepartmental Serious Mental Illness Coordinating Committee (ISMICC)-CorrectionPDF
83 FR 15666 - Public Notice for Waiver of Aeronautical Land Use Assurance, Arlington Municipal Airport, Arlington, WAPDF
83 FR 15598 - Proclaiming Certain Lands as Reservation for the Sault Ste. Marie Tribe of Chippewa Indians, MichiganPDF
83 FR 15555 - Fisheries of the Gulf of Mexico; Southeast Data, Assessment and Review (SEDAR); Public MeetingPDF
83 FR 15557 - Mid-Atlantic Fishery Management Council (MAFMC); Public MeetingsPDF
83 FR 15553 - Western Pacific Fishery Management Council; Public MeetingsPDF
83 FR 15552 - Mid-Atlantic Fishery Management Council (MAFMC); Public MeetingPDF
83 FR 15555 - Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public MeetingsPDF
83 FR 15552 - New England Fishery Management Council; Public MeetingPDF
83 FR 15554 - Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public MeetingPDF
83 FR 15535 - Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2018PDF
83 FR 15556 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Alaska Liquefied Natural Gas (LNG) Project in Cook InletPDF
83 FR 15601 - Agency Information Collection Activities; Bureau of Land Management Resource Advisory Council ApplicationPDF
83 FR 15599 - Call for Nominations for the National Wild Horse and Burro Advisory BoardPDF
83 FR 15550 - Section 538 Guaranteed Rural Rental Housing Program 2018 Industry Forums-Open Teleconference and/or Web Conference MeetingsPDF
83 FR 15664 - SJI Board of Directors Meeting, NoticePDF
83 FR 15646 - Product Change-Priority Mail Negotiated Service AgreementPDF
83 FR 15635 - Proposed Extension of Information Collection Requests Submitted for Public CommentPDF
83 FR 15502 - Department of the Treasury Acquisition Regulations; Tax Check RequirementsPDF
83 FR 15664 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting on Security InterestPDF
83 FR 15644 - Information Collection: Voluntary Reporting of Planned New Reactor ApplicationsPDF
83 FR 15633 - Bulk Manufacturer of Controlled Substances RegistrationPDF
83 FR 15630 - Witold Marek Zajewski, M.D.; Decision and OrderPDF
83 FR 15559 - Notice of Availability of Government-Owned Inventions; Available for LicensingPDF
83 FR 15627 - Certain Light Engines and Components Thereof; Commission Determination Not To Review an Initial Determination Granting a Joint Motion To Terminate the Investigation in Its Entirety Based Upon a Consent Order Stipulation; Issuance of Consent OrderPDF
83 FR 15499 - Safety Zone; Ohio River, Cincinnati, OHPDF
83 FR 15645 - New Postal ProductsPDF
83 FR 15601 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
83 FR 15634 - Agency Information Collection Activities: Proposed eCollection eComments Requested; Revision of a Currently Approved Collection; Comments Requested: National Crime Victimization Survey (NCVS)PDF
83 FR 15702 - Notice of OFAC Sanctions ActionsPDF
83 FR 15597 - U.S. Endangered Species; Receipt of Recovery Permit ApplicationPDF
83 FR 15602 - Commercial Leasing for Wind Power on the Outer Continental Shelf in the New York Bight-Call for Information and NominationsPDF
83 FR 15633 - Importer of Controlled Substances RegistrationPDF
83 FR 15678 - Agency Information Collection Activities: Submission for OMB Review; Joint Comment RequestPDF
83 FR 15627 - Importer of Controlled Substances Application: LipomedPDF
83 FR 15634 - Importer of Controlled Substances Application: Almac Clinical Services Incorp (ACSI)PDF
83 FR 15577 - Oxford Pharmaceuticals, LLC, et al.; Withdrawal of Approval of 18 Abbreviated New Drug ApplicationsPDF
83 FR 15588 - Agency Information Collection Activities: Proposed Collection; Comment RequestPDF
83 FR 15576 - Advisory Committee; Bone, Reproductive and Urologic Drugs Advisory Committee, RenewalPDF
83 FR 15593 - Endangered Species Recovery Permit ApplicationsPDF
83 FR 15517 - Airworthiness Directives; Pacific Aerospace Limited AirplanesPDF
83 FR 15591 - Accreditation and Approval of Intertek USA, Inc. (Signal Hill, CA) as a Commercial Gauger and LaboratoryPDF
83 FR 15590 - Accreditation and Approval of Intertek USA, Inc. (Carteret, NJ) as a Commercial Gauger and LaboratoryPDF
83 FR 15648 - Application; Benefit Street Partners BDC, Inc., et al.PDF
83 FR 15590 - Accreditation and Approval of Intertek USA, Inc. (Jacksonville, FL), as a Commercial Gauger and LaboratoryPDF
83 FR 15702 - Privacy Act of 1974; Matching ProgramPDF
83 FR 15578 - Request for Nominations for Individuals and Consumer Organizations for Advisory CommitteesPDF
83 FR 15665 - Public HearingPDF
83 FR 15664 - Projects Rescinded for Consumptive Uses of WaterPDF
83 FR 15666 - Projects Approved for Consumptive Uses of WaterPDF
83 FR 15676 - AGC Glass Company North America, Receipt of Petition for Decision of Inconsequential NoncompliancePDF
83 FR 15675 - Reports, Forms, and Recordkeeping RequirementsPDF
83 FR 15639 - Shipyard Employment Standards; Extension of the Office of Management and Budget's (OMB) Approval of Information Collection (Paperwork) RequirementsPDF
83 FR 15569 - Privacy Act of 1974; System of RecordsPDF
83 FR 15576 - Preparation for International Cooperation on Cosmetics Regulation Twelfth Annual Meeting; Public MeetingPDF
83 FR 15586 - National Institute on Aging; Notice of Closed MeetingPDF
83 FR 15585 - National Center for Advancing Translational Sciences; Notice of Closed MeetingPDF
83 FR 15519 - Airworthiness Directives; Pratt & WhitneyPDF
83 FR 15626 - Certain Network Devices, Related Software and Components Thereof (II); Commission Determination To Modify the Remedial Orders To Suspend Enforcement as to U.S. Patent No. 7,224,668PDF
83 FR 15572 - Medicare Program; Reconciling National Coverage Determinations on Positron Emission Tomography (PET) Neuroimaging for DementiaPDF
83 FR 15655 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Modify the Rebates Provided to Members That Send Unsolicited Crossing Orders to the ExchangePDF
83 FR 15653 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Delay of Complex Order Quoting FunctionalityPDF
83 FR 15659 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the ProShares Short VIX Short-Term Futures ETF and ProShares Ultra VIX Short-Term Futures ETFPDF
83 FR 15662 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Schedule of Fees To Clarify the Fees and Rebates for the Complex Order Exposure Auction Pursuant to Rule 722(b)(3)(iii)PDF
83 FR 15647 - Product Change-Priority Mail Negotiated Service AgreementPDF
83 FR 15646 - Product Change-Priority Mail Express and Priority Mail Negotiated; Service AgreementPDF
83 FR 15647 - Product Change-Priority Mail Express, Priority Mail, & First-Class Package Service Negotiated Service AgreementPDF
83 FR 15647 - Product Change-Priority Mail and First-Class Package Service Negotiated Service AgreementPDF
83 FR 15647 - Product Change-Priority Mail Express and First-Class Package Service Negotiated Service AgreementPDF
83 FR 15583 - National Institute of General Medical Sciences; Notice of MeetingPDF
83 FR 15586 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingPDF
83 FR 15584 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingPDF
83 FR 15584 - National Institute on Alcohol Abuse and Alcoholism; Notice of Closed MeetingsPDF
83 FR 15584 - National Institute on Aging; Notice of MeetingPDF
83 FR 15585 - National Heart, Lung, and Blood Institute; Notice of Closed MeetingPDF
83 FR 15583 - National Cancer Institute; Notice of MeetingPDF
83 FR 15585 - National Cancer Institute; Notice of Closed MeetingPDF
83 FR 15586 - Center for Scientific Review; Notice of Closed MeetingsPDF
83 FR 15503 - International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2018 to 2020PDF
83 FR 15563 - April and May Meetings of the North American Numbering CouncilPDF
83 FR 15550 - Public Quarterly Meeting of the Board of DirectorsPDF
83 FR 15521 - Proposed Establishment of the Hawaiian Islands High and the Hawaiian Islands Low Offshore Airspace Areas; Hawaii.PDF
83 FR 15551 - Notice of Public Meetings of the Kansas Advisory CommitteePDF
83 FR 15667 - List of Units of the National Park System Exempt From the Provisions of the National Parks Air Tour Management ActPDF
83 FR 15498 - Extension of Port Limits of Savannah, GAPDF
83 FR 15551 - Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment AssistancePDF
83 FR 15618 - Atlantic Wind Lease Sale 4A (ATLW-4A) Commercial Leasing for Wind Power on the Outer Continental Shelf Offshore Massachusetts-Proposed Sale NoticePDF
83 FR 15641 - Notice of Proposed Information Collection Requests: 2019-2021 IMLS Native Hawaiian Library Program Notice of Funding OpportunityPDF
83 FR 15643 - Notice of Proposed Information Collection Requests: 2019-2021 IMLS Native American Basic Library Program Notice of Funding OpportunityPDF
83 FR 15642 - Submission for OMB Review, Comment Request, Proposed Collection: 2019-2021 IMLS Peer Reviewer Nomination FormsPDF
83 FR 15581 - E11(R1) Addendum: Clinical Investigation of Medicinal Products in the Pediatric Population; International Council for Harmonisation; Guidance for Industry; AvailabilityPDF
83 FR 15511 - Fisheries of the Northeastern United States; Mid-Atlantic Fishery Management Council; Omnibus Acceptable Biological Catch Framework AdjustmentPDF
83 FR 15571 - Information Collection; Transportation RequirementsPDF
83 FR 15571 - Information Collection; Delivery SchedulesPDF
83 FR 15531 - Encouraging the Provision of New Technologies and Services to the Public; CorrectionPDF
83 FR 15565 - Information Collection Being Reviewed by the Federal Communications CommissionPDF
83 FR 15564 - Information Collection Being Submitted for Review and Approval to the Office of Management and BudgetPDF
83 FR 15566 - Information Collection Being Submitted for Review and Approval to the Office of Management and BudgetPDF
83 FR 15557 - Agency Information Collection Activities Under OMB ReviewPDF
83 FR 15658 - Order Regarding Review of FASB Accounting Support Fee for 2018 Under Section 109 of the Sarbanes-Oxley Act of 2002PDF
83 FR 15495 - Airworthiness Directives; Agusta S.p.A. HelicoptersPDF
83 FR 15491 - Rinderpest; Update of Communicable Animal Disease ProvisionsPDF
83 FR 15526 - Air Plan Approval; Iowa; Amendment to the Administrative Consent Order, Grain Processing Corporation, Muscatine, Iowa; ProposalPDF

Issue

83 70 Wednesday, April 11, 2018 Contents African African Development Foundation NOTICES Meetings: Board of Directors; Quarterly, 15550 2018-07385 Agriculture Agriculture Department See

Animal and Plant Health Inspection Service

See

Rural Housing Service

Animal Animal and Plant Health Inspection Service RULES Rinderpest; Update of Communicable Animal Disease Provisions, 15491-15495 2018-07232 Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: ASTM International Standards, 15627 2018-07514 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare Program: Reconciling National Coverage Determinations on Positron Emission Tomography Neuroimaging for Dementia, 15572-15576 2018-07410 Civil Rights Civil Rights Commission NOTICES Meetings: Kansas Advisory Committee, 15551 2018-07383 Coast Guard Coast Guard RULES Safety Zones: Ohio River, Cincinnati, OH, 15499-15501 2018-07451 Commerce Commerce Department See

Economic Development Administration

See

National Oceanic and Atmospheric Administration

Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15557-15559 2018-07365 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15678-15702 2018-07443 Defense Department Defense Department See

Navy Department

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Delivery Schedules, 15571 2018-07370 Transportation Requirements, 15571-15572 2018-07371
Drug Drug Enforcement Administration NOTICES Bulk Manufacturers of Controlled Substances; Registrations, 15633-15634 2018-07455 Decisions and Orders: Witold Marek Zajewski M.D., 15630-15633 2018-07454 Importers of Controlled Substances; Applications: Almac Clinical Services Inc., 15634 2018-07441 Lipomed, 15627-15630 2018-07442 Importers of Controlled Substances; Registrations, 15633 2018-07444 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance; Petitions, 15551-15552 2018-07380 Employee Benefits Employee Benefits Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15635-15639 2018-07459 Energy Department Energy Department See

Federal Energy Regulatory Commission

PROPOSED RULES Appliance Standards and Rulemaking Federal Advisory Committee: Intent to Establish Working Group for Variable Refrigerant Flow Multi-Split Air Conditioners and Heat Pumps to Negotiate Notice of Proposed Rulemaking for Test Procedures and Energy Conservation Standards, 15514-15517 2018-07487
Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Iowa; Amendment to Administrative Consent Order, Grain Processing Corp., Muscatine, Iowa; Proposal, 15526-15528 2018-07218 Pesticide Petitions: Residues of Pesticide Chemicals in or on Various Commodities, 15528-15530 2018-07516 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data Reporting Requirements for State and Local Vehicle Emission Inspection and Maintenance Programs, 15560-15561 2018-07511 Episodic Releases of Oil and Hazardous Substances (Renewal), 15562-15563 2018-07515 Meetings: Safer Choice Partner and Stakeholder Summit 2018, 15561-15562 2018-07517 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Agusta S.p.A. Helicopters, 15495-15498 2018-07285 PROPOSED RULES Airworthiness Directives: Pacific Aerospace Limited Airplanes, 15517-15519 2018-07433 Pratt and Whitney, 15519-15521 2018-07413 Establishment of the Hawaiian Islands High and the Hawaiian Islands Low Offshore Airspace Areas: Hawaii, 15521-15524 2018-07384 NOTICES Aeronautical Land Use Waivers, 15666-15667 2018-07476 List of Units of National Park System Exempt from Provisions of National Parks Air Tour Management Act, 15667-15668 2018-07382 Federal Communications Federal Communications Commission RULES Universal Service; CFR Correction, 15502 2018-07531 PROPOSED RULES Encouraging Provisions of New Technologies and Services to Public; Correction, 15531 2018-07369 Streamlined Reauthorization Procedures for Assigned or Transferred Television Satellite Stations; Modernization of Media Regulation Initiative, 15531-15534 2018-07508 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15564-15568 2018-07366 2018-07367 2018-07368 Meetings: North American Numbering Council, 15563-15564 2018-07386 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15678-15702 2018-07443 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: Enbridge: Texas Eastern Transmission, LP; TX-LA Markets Project, 15559-15560 2018-07491 Institutions of Section 206 Proceedings and Refund Effective Dates: Illinois Power Resources Generating, LLC, 15560 2018-07492 Petitions for Waivers: Black Hills Shoshone Pipeline, LLC, 15560 2018-07490 Federal Financial Federal Financial Institutions Examination Council NOTICES Meetings: Appraisal Subcommittee, 15568 2018-07512 Federal Highway Federal Highway Administration PROPOSED RULES National Network, 15524-15526 2018-07480 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 15568 2018-07483 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15678-15702 2018-07443 Privacy Act; Systems of Records, 15569-15571 2018-07417 Fish Fish and Wildlife Service RULES Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); CFR Correction, 15503 2018-07529 NOTICES Endangered and Threatened Species Recovery Permits, 15593-15597 2018-07434 Permit Applications: U.S. Endangered Species, 15597-15598 2018-07446 Food and Drug Food and Drug Administration NOTICES Abbreviated New Drug Applications; Approval Withdrawals: Oxford Pharmaceuticals, LLC, et al., 15577-15578 2018-07440 Charter Renewals: Bone, Reproductive and Urologic Drugs Advisory Committee, 15576 2018-07437 Guidance: E11(R1) Addendum: Clinical Investigation of Medicinal Products in Pediatric Population; International Council for Harmonisation, 15581-15583 2018-07375 Meetings: Preparation for International Cooperation on Cosmetics Regulation Twelfth Annual Meeting, 15576-15577 2018-07416 Requests for Nominations: Individuals and Consumer Organizations for Advisory Committees, 15578-15581 2018-07426 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 15702 2018-07447 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Delivery Schedules, 15571 2018-07370 Transportation Requirements, 15571-15572 2018-07371 Health and Human Health and Human Services Department See

Centers for Medicare & Medicaid Services

See

Food and Drug Administration

See

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

Homeland Homeland Security Department See

Coast Guard

See

U.S. Customs and Border Protection

Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Multifamily Energy Assessment, 15592-15593 2018-07485 Restrictions on Assistance to Noncitizens, 15593 2018-07486 Regulatory Waivers; Approvals: Fourth Quarter, Calendar Year 2017, 15706-15725 2018-07488 Indian Affairs Indian Affairs Bureau NOTICES Proclamations of lands as Reservations: Sault Ste. Marie Tribe of Chippewa Indians, MI, 15598 2018-07475 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2019-2021 IMLS Native American Basic Library Program Notice of Funding Opportunity, 15643-15644 2018-07377 2019-2021 IMLS Native Hawaiian Library Program Notice of Funding Opportunity, 15641-15642 2018-07378 2019-2021 IMLS Peer Reviewer Nomination Forms, 15642-15643 2018-07376 Interior Interior Department See

Fish and Wildlife Service

See

Indian Affairs Bureau

See

Land Management Bureau

See

National Park Service

See

Ocean Energy Management Bureau

International Trade Com International Trade Commission NOTICES Certain Light Engines and Components Thereof, 15627 2018-07452 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Network Devices, Related Software and Components Thereof (II), 15626-15627 2018-07412 Justice Department Justice Department See

Antitrust Division

See

Drug Enforcement Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Crime Victimization Survey, 15634-15635 2018-07448
Labor Department Labor Department See

Employee Benefits Security Administration

See

Occupational Safety and Health Administration

Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Land for Recreation or Public Purposes, 15600 2018-07482 Bureau of Land Management Resource Advisory Council Application, 15601 2018-07464 Color-of-Title Application, 15598-15599 2018-07481 Requests for Nominations: National Wild Horse and Burro Advisory Board, 15599-15600 2018-07463 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Conveyance of Port Facility Property, 15668 2018-07506 Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel ABLE ONE, 15673 2018-07495 Vessel ANNE BONNY, 15671-15672 2018-07496 Vessel CAPT EASY, 15670 2018-07497 Vessel CHILLIN', 15674 2018-07498 Vessel DESPERADO, 15674-15675 2018-07499 Vessel ENVOLEE, 15670-15671 2018-07500 Vessel FEARLESS, 15672-15673 2018-07501 Vessel FUNSEEKER, 15671 2018-07502 Vessel R and R, 15673-15674 2018-07503 Vessel SERENITY, 15669 2018-07504 Vessel SPELLBOUND, 15669-15670 2018-07505 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Delivery Schedules, 15571 2018-07370 Transportation Requirements, 15571-15572 2018-07371 National Foundation National Foundation on the Arts and the Humanities See

Institute of Museum and Library Services

National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15675-15676 2018-07420 Petitions for Decisions of Inconsequential Noncompliance: AGC Glass Co. North America, 15676-15678 2018-07421 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 15586 2018-07388 National Cancer Institute, 15583-15585 2018-07389 2018-07390 National Center for Advancing Translational Sciences, 15585 2018-07414 National Heart, Lung, and Blood Institute, 15585 2018-07391 National Institute of Allergy and Infectious Diseases, 15584, 15586 2018-07394 2018-07395 National Institute of General Medical Sciences, 15583 2018-07396 National Institute on Aging, 15584-15586 2018-07392 2018-07415 National Institute on Alcohol Abuse and Alcoholism, 15584 2018-07393 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Mid-Atlantic Fishery Management Council; Omnibus Acceptable Biological Catch Framework Adjustment, 15511-15513 2018-07373 International Fisheries: Pacific Tuna Fisheries; Fishing Restrictions for Tropical Tuna in Eastern Pacific Ocean for 2018 to 2020, 15503-15511 2018-07387 PROPOSED RULES Fisheries of the Exclusive Economic Zone off Alaska: Reclassifying Squid Species in BSAI and GOA, 15538-15549 2018-07510 Fisheries of the Northeastern United States: Recreational Management Measures for Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2018, 15535-15538 2018-07467 NOTICES Meetings: Fisheries of Gulf of Mexico; Southeast Data, Assessment and Review, 15555-15556 2018-07474 Mid-Atlantic Fishery Management Council, 15552, 15557 2018-07471 2018-07473 New England Fishery Management Council, 15552 2018-07469 South Atlantic Fishery Management Council, 15554-15555 2018-07468 2018-07470 Western Pacific Fishery Management Council, 15553-15554 2018-07472 Takes of Marine Mammals Incidental to Specified Activities: Alaska Liquefied Natural Gas Project in Cook Inlet, 15556-15557 2018-07465 National Park National Park Service NOTICES List of Units of National Park System Exempt from Provisions of National Parks Air Tour Management Act, 15667-15668 2018-07382 National Register of Historic Places: Pending Nominations and Related Actions, 15601-15602 2018-07449 Navy Navy Department NOTICES Government-Owned Inventions; Available for Licensing, 15559 2018-07436 2018-07453 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Voluntary Reporting of Planned New Reactor Applications, 15644-15645 2018-07456 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Safety and Health Regulations for Construction; CFR Correction, 15499 2018-07530 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Shipyard Employment Standards, 15639-15641 2018-07419 Ocean Energy Management Ocean Energy Management Bureau NOTICES Proposed Sales: Atlantic Wind Lease Sale 4A Commercial Leasing for Wind Power on Outer Continental Shelf Offshore Massachusetts, 15618-15626 2018-07379 Requests for Nominations: Commercial Leasing for Wind Power on Outer Continental Shelf in New York Bight, 15602-15617 2018-07445 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 15645-15646 2018-07450 Postal Service Postal Service NOTICES Product Changes: Priority Mail and First-Class Package Service Negotiated Service Agreement, 15647 2018-07399 Priority Mail Express and First-Class Package Service Negotiated Service Agreement, 15647 2018-07398 Priority Mail Express and Priority Mail Negotiated Service Agreement, 15646 2018-07401 Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 15647 2018-07400 Priority Mail Negotiated Service Agreement, 15646-15648 2018-07402 2018-07403 2018-07404 2018-07460 Rural Housing Service Rural Housing Service NOTICES Meetings: Section 538 Guaranteed Rural Rental Housing Program 2018 Industry Forums: Open Teleconference and or Web Conference, 15550-15551 2018-07462 Securities Securities and Exchange Commission NOTICES Applications: Benefit Street Partners BDC, Inc., et al., 15648-15653 2018-07430 Orders: Review of FASB Accounting Support Fee for 2018 under Sarbanes-Oxley Act, 15658-15659 2018-07363 Self-Regulatory Organizations; Proposed Rule Changes: Nasdaq ISE, LLC, 15653-15658, 15662-15664 2018-07405 2018-07407 2018-07408 NYSE Arca, Inc., 15659-15662 2018-07406 State Department State Department NOTICES Meetings: Advisory Committee on Private International Law, 15664 2018-07457 State Justice State Justice Institute NOTICES Meetings: Board of Directors, 15664 2018-07461 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 15588-15590 2018-07438 Meetings: Center for Substance Abuse Treatment National Advisory Council, 15587 2018-07493 Interdepartmental Serious Mental Illness Coordinating Committee, 15587-15588 2018-07479 Susquehanna Susquehanna River Basin Commission NOTICES Meetings: Public Hearing, 15665-15666 2018-07425 Projects Approved: Consumptive Uses of Water, 15666 2018-07423 Projects Rescinded: Consumptive Uses of Water, 15664-15665 2018-07424 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Maritime Administration

See

National Highway Traffic Safety Administration

Treasury Treasury Department See

Comptroller of the Currency

See

Foreign Assets Control Office

RULES Acquisition Regulations: Tax Check Requirements, 15502-15503 2018-07458
Customs U.S. Customs and Border Protection RULES Port Limits; Extensions: Savannah, GA, 15498-15499 2018-07381 NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: Intertek USA, Inc. Carteret, NJ, 15590-15591 2018-07431 Intertek USA, Inc., Jacksonville, FL, 15590 2018-07428 Intertek USA, Inc., Signal Hill, CA, 15591-15592 2018-07432 Veteran Affairs Veterans Affairs Department NOTICES Privacy Act; Matching Programs, 15702-15703 2018-07427 Separate Parts In This Issue Part II Housing and Urban Development Department, 15706-15725 2018-07488 Reader Aids

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

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

83 70 Wednesday, April 11, 2018 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Parts 53, 71, 91, 93, 94, 95, 98, and 104 [Docket No. APHIS-2017-0070] Rinderpest; Update of Communicable Animal Disease Provisions AGENCY:

Animal and Plant Health Inspection Service, USDA.

ACTION:

Final rule.

SUMMARY:

We are amending the regulations concerning communicable diseases of livestock and poultry, interstate transportation and importation of animals (including poultry) and animal products, and permits for biological products to remove references to the animal disease rinderpest. This action reflects recognition by the Animal and Plant Health Inspection Service that rinderpest has been eradicated worldwide, and removes restrictions that are no longer necessary due to eradication of the disease. This action better aligns our regulations with World Organization for Animal Health guidelines for international trade as they pertain to rinderpest.

DATES:

Effective April 11, 2018.

FOR FURTHER INFORMATION CONTACT:

Dr. Ingrid Kotowski, Regionalization Evaluation Services, National Import Export Services, Veterinary Services, APHIS, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606; (919) 855-7732; email: [email protected]

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR chapter I, subchapters B through E (referred to below as the regulations) govern, among other things, cooperative control and eradication of livestock and poultry diseases, importation and interstate transportation of animals (including poultry) and animal products, and permits for biological products. Rinderpest, a communicable animal disease, is referenced in various places throughout the regulations. Because rinderpest has been eradicated worldwide, the Animal and Plant Health Inspection Service (APHIS) is removing references to rinderpest where they occur in the regulations, except for regulations pertaining to select agents and toxins. This action will remove restrictions that are no longer necessary due to eradication of the disease, and will better align APHIS regulations with World Organization for Animal Health (OIE) guidelines for international trade as they pertain to rinderpest. This rule does not change the regulations or requirements associated with other animal diseases, nor does it make any substantive changes to the regulations.

Reference Removal

Part 53 of the regulations pertains to State and Federal cooperative control of certain communicable diseases of livestock or poultry. This rule will remove the word “rinderpest” from the title of part 53, and amends the definition of disease in § 53.1 to remove the reference to rinderpest. In part 71, which specifies general provisions regarding the interstate transportation of animals (including poultry) and animal products, we are amending a paragraph in § 71.3 to remove rinderpest from a list of animal diseases affecting the interstate movement of livestock or poultry.

Subchapter D (parts 91 through 99), which pertains to the exportation and importation of animals (including poultry) and animal products, contains the majority of references to rinderpest that this rule will remove. In part 93, references to rinderpest will be removed from §§ 93.404, 93.405, 93.504, and 93.505, which specify requirements for import permits and health certificates. Part 94, which concerns prohibited and restricted importations, will be amended to remove the word “rinderpest” from its title, as well as from §§ 94.1 through 94.4, 94.11, 94.16, and 94.17. Part 95 pertains to sanitary control of animal byproducts (except casings), and hay and straw, offered for entry into the United States. This rule amends the definition of approved chlorinating equipment in § 95.1 to remove its reference to rinderpest, and makes similar editorial adjustments to remove references to rinderpest in §§ 95.3, 95.16 through 95.21, 95.23, 95.25 through 95.28, 95.32, 95.34, and 95.37.

In part 98, which concerns the importation of certain animal embryos and animal semen, references to rinderpest will be removed from regulations in §§ 98.3, 98.12, 98.13, 98.15, 98.16, and 98.34, as well as from the titles of subparts A and B. We note that, consistent with the removal of rinderpest-related references from APHIS animal import regulations, APHIS will no longer display its web-based list of regions that APHIS has declared free from rinderpest.

Finally, part 104 of the regulations specifies requirements for permits for biological products. In § 104.2, we are removing the reference to rinderpest from a list of exotic diseases that, when present in a country, precludes the issuance of permits for biological products from that country. We are making an additional nonsubstantive change to correct a typographical error in § 104.2(b) by adding a comma and space between the words “influenza” and “swine” in that section.

Miscellaneous Changes

We are updating the authority citations for part 91 and part 94 in this document to reflect U.S. Code citations that have been repealed or redesignated. In the authority citation for part 91, 46 U.S.C. 3901 and 3902 will be removed; in the authority citation for part 94, 7 U.S.C. 450 will be redesignated as 7 U.S.C. 1633.

Effective Date

This rule relates to internal agency management and makes various nonsubstantive changes to the regulations in 9 CFR to reflect the worldwide eradication of the animal disease rinderpest. Because the changes contained in this rule are nonsubstantive in nature, notice and other public procedure on this rule are unnecessary and contrary to the public interest. Therefore, pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity to comment are not required, and this rule may be made effective less than 30 days after publication in the Federal Register. Further, since this rule relates to internal agency management, it is exempt from the provisions of Executive Orders 12866, 12988, and 13771. Finally, this action is not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 501) and, thus, is exempt from the provisions of that Act.

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 State and local officials. (See 2 CFR chapter IV.)

Paperwork Reduction Act

This final rule contains no new reporting, recordkeeping, or third party disclosure requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects 9 CFR Part 53

Animal diseases, Indemnity payments, Livestock, Poultry and poultry products.

9 CFR Part 71

Animal diseases, Livestock, Poultry and poultry products, Quarantine, Reporting and recordkeeping requirements, Transportation.

9 CFR Part 91

Animal diseases, Animal welfare, Exports, Livestock, Reporting and recordkeeping requirements, Transportation.

9 CFR Part 93

Animal diseases, Imports, Livestock, Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 94

Animal diseases, Imports, Livestock, Meat and meat products, Milk, Poultry and poultry products, Reporting and recordkeeping requirements.

9 CFR Part 95

Animal feeds, Hay, Imports, Livestock, Reporting and recordkeeping requirements, Straw, Transportation.

9 CFR Part 98

Animal diseases, Imports.

9 CFR Part 104

Animal biologics, Imports, Reporting and recordkeeping requirements, Transportation.

Accordingly, we are amending 9 CFR parts 53, 71, 91, 93, 94, 95, 98, and 104 as follows:

PART 53—FOOT-AND-MOUTH DISEASE, PLEUROPNEUMONIA, AND CERTAIN OTHER COMMUNICABLE DISEASES OF LIVESTOCK OR POULTRY 1. The authority citation for part 53 continues to read as follows: Authority:

7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

2. The heading of part 53 is revised to read as set forth above. 3. In § 53.1, the definition of disease is revised to read as follows:
§ 53.1 Definitions.

Disease. Foot-and-mouth disease, contagious pleuropneumonia, Newcastle disease, highly pathogenic avian influenza, infectious salmon anemia, spring viremia of carp, or any other communicable disease of livestock or poultry that in the opinion of the Secretary constitutes an emergency and threatens the livestock or poultry of the United States.

PART 71—GENERAL PROVISIONS 4. The authority citation for part 71 continues to read as follows: Authority:

7 U.S.C. 8301-8317; 7 CFR 2.22, 2.80, and 371.4.

§ 71.3 [Amended]
5. In § 71.3, paragraph (b) is amended by removing the word “rinderpest,”. PART 91—EXPORTATION OF LIVE ANIMALS, HATCHING EGGS OR OTHER EMBRYONATED EGGS, ANIMAL SEMEN, ANIMAL EMBRYOS, AND GAMETES FROM THE UNITED STATES 6. The authority citation for part 91 is revised to read as follows: Authority:

7 U.S.C. 8301-8317; 19 U.S.C. 1644a(c); 21 U.S.C. 136, 136a, and 618; 7 CFR 2.22, 2.80, and 371.4.

PART 93—IMPORTATION OF CERTAIN ANIMALS, BIRDS, FISH, AND POULTRY, AND CERTAIN ANIMAL, BIRD, AND POULTRY PRODUCTS; REQUIREMENTS FOR MEANS OF CONVEYANCE AND SHIPPING CONTAINERS 7. The authority citation for part 93 continues to read as follows: Authority:

7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

§ 93.404 [Amended]
8. Section 93.404 is amended as follows: a. In paragraph (a)(2), by removing the words “rinderpest or”; b. In the heading for paragraph (c), by removing the words “or rinderpest”; c. In paragraph (c) introductory text, by removing the words “or rinderpest exist” and adding the word “exists” in their place; and d. In paragraph (c)(4), in the “Agreement for the Importation, Quarantine and Exhibition of Certain Wild Ruminants and Wild Swine”: i. In the introductory text, by removing the words “or rinderpest”; ii. In paragraph 1, by removing the word “rinderpest,”; iii. In paragraph 2, by removing the words “rinderpest or”; and iv. In paragraph 6, by removing the word “rinderpest,” both times it appears.
§ 93.405 [Amended]
9. In § 93.405, paragraph (a)(1) is amended by removing the word “rinderpest,”.
§ 93.504 [Amended]
10. Section 93.504 is amended as follows: a. In paragraph (a)(2), by removing the words “rinderpest or”; b. In the heading for paragraph (c), by removing the words “or rinderpest”; c. In paragraph (c) introductory text, by removing the words “or rinderpest exist” and adding the word “exists” in their place; and d. In paragraph (c)(4), in the “Agreement for the Importation, Quarantine and Exhibition of Certain Wild Ruminants and Wild Swine”: i. In the introductory text, by removing the words “or rinderpest”; ii. In paragraph 1, by removing the word “rinderpest,”; iii. In paragraph 2, by removing the words “rinderpest or”; and iv. In paragraph 6, by removing the word “rinderpest,” both times it appears.
§ 93.505 [Amended]
11. In § 93.505, paragraph (a) is amended by removing the word “rinderpest,”. PART 94—FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS 12. The authority citation for part 94 is revised to read as follows: Authority:

7 U.S.C. 1633, 7701-7772, 7781-7786, and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

13. The heading of part 94 is revised to read as set forth above. 14. Section 94.1 is amended as follows: a. By revising the section heading; b. By revising paragraph (a) introductory text; c. In paragraph (a)(1): i. By removing the words “rinderpest and a list of regions APHIS has declared free of”; ii. By removing the words “foot and mouth” and adding the words “foot-and-mouth” in their place; and iii. By removing the word “are” immediately before the word “maintained” and adding the word “is” in its place; d. By revising paragraph (a)(2); e. In paragraphs (b) and (c), by removing the words “rinderpest or” each time they appear; and f. In paragraph (d) introductory text, by removing the words “and rinderpest” and “rinderpest or”.

The revisions read as follows:

§ 94.1 Regions where foot-and-mouth disease exists; importations prohibited.

(a) APHIS considers foot-and-mouth disease to exist in all regions of the world except those declared free of the disease by APHIS.

(2) APHIS will add a region to the list of those it has declared free of foot-and-mouth disease after it conducts an evaluation of the region in accordance with § 92.2 of this subchapter and finds that the disease is not present. In the case of a region formerly on this list that is removed due to an outbreak, the region may be returned to the list in accordance with the procedures for reestablishment of a region's disease-free status in § 92.4 of this subchapter. APHIS will remove a region from the list of those it has declared free of foot-and-mouth disease upon determining that the disease exists in the region based on reports APHIS receives of outbreaks of the disease from veterinary officials of the exporting country, from the World Organization for Animal Health (OIE), or from other sources the Administrator determines to be reliable.

§ 94.2 [Amended]
15. Section 94.2 is amended by removing the words “rinderpest or” both times they appear.
§ 94.3 [Amended]
16. Section 94.3 is amended by removing the words “rinderpest or”. 17. Section 94.4 is amended by revising the section heading and by removing the words “rinderpest or” each time they appear.

The revision reads as follows:

§ 94.4 Cured or cooked meat from regions where foot-and-mouth disease exists.
18. Section 94.11 is amended as follows: a. By revising paragraph (a)(1); b. In paragraph (a)(3), by removing the words “rinderpest or”; and c. In paragraph (c), by removing the words “rinderpest or” and “rinderpest and” each time they appear.

The revision reads as follows:

§ 94.11 Restrictions on importation of meat and other animal products from specific regions.

(a) * * *

(1) The regions listed under paragraph (a)(2) of this section have been declared free of foot-and-mouth disease by APHIS as provided in § 94.1(a) but supplement their national meat supply by the importation of fresh (chilled or frozen) meat of ruminants or swine from regions that APHIS considers to be affected with foot-and-mouth disease as provided in § 94.1(a); or have a common land border with regions considered to be affected with foot-and-mouth disease; or import ruminants or swine from regions considered to be affected with foot-and-mouth disease under conditions less restrictive than would be acceptable for importation into the United States. Thus, the meat may be commingled with the fresh (chilled or frozen) meat of animals from an affected region, resulting in an undue risk of introducing foot-and-mouth disease into the United States.

§ 94.16 [Amended]
19. Section 94.16 is amended as follows: a. In paragraph (b) introductory text, by removing the words “rinderpest or”; b. In paragraph (c) introductory text, by removing the words “rinderpest and” and by removing the word “either” and adding the word “the” in its place; and c. In paragraph (d), by removing the words “rinderpest and” and “rinderpest or” each time they appear. 20. Section 94.17 is amended as follows: a. By revising the section heading; b. In paragraphs (b) and (c), by removing the word “rinderpest,”; and c. By revising paragraph (m)(1).

The revisions read as follows:

§ 94.17 Dry-cured pork products from regions where foot-and-mouth disease, African swine fever, classical swine fever, or swine vesicular disease exists.

(m) * * *

(1) The ham, if it is an Italian-type ham processed in accordance with paragraph (i)(1) of this section, was processed in a region which has submitted, through its veterinary services, to the Administrator, a written statement stating that it conducts a program to authorize persons to supervise activities specified under this section;

PART 95—SANITARY CONTROL OF ANIMAL BYPRODUCTS (EXCEPT CASINGS), AND HAY AND STRAW, OFFERED FOR ENTRY INTO THE UNITED STATES 21. The authority for part 95 continues to read as follows: Authority:

7 U.S.C. 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

22. In § 95.1, the definition of approved chlorinating equipment is revised to read as follows:
§ 95.1 Definitions.

Approved chlorinating equipment means equipment approved by Veterinary Services as efficient for the disinfection of effluents against the contagion of foot-and-mouth disease.

23. Section 95.3 is revised to read as follows:
§ 95.3 Byproducts from diseased animals prohibited.

The importation of any animal byproduct taken or removed from an animal affected with anthrax, foot-and-mouth disease, highly pathogenic avian influenza, or Newcastle disease is prohibited.

§ 95.16 [Amended]
24. Section 95.16 is amended as follows: a. In paragraph (a)(1), by removing the words “rinderpest and” and “, rinderpest,”; and b. In paragraph (a)(3)(ii), by removing the comma after the word “anthrax” and adding the word “and” in its place and by removing the words “, and rinderpest”.
§ 95.17 [Amended]
25. In § 95.17, paragraph (c) is amended by removing the word “rinderpest,”. 26. Section 95.18 is amended as follows: a. In paragraph (a), by removing the words “or rinderpest”; and b. By revising paragraph (c).

The revision reads as follows:

§ 95.18 Wool, hair, and bristles; requirements for unrestricted entry.

(c) Wool, hair, or bristles taken from sheep, goats, cattle, or swine, when such animals have been slaughtered under national government inspection in a region 3 and in an abattoir in which is maintained an inspection service determined by the Secretary of Agriculture to be adequate to assure that such materials have been removed from animals found at time of slaughter to be free from anthrax and foot-and-mouth disease, and to assure further the identity of such materials until loaded upon the transporting vessel, may be imported without other restriction if accompanied by a certificate bearing the seal of the proper department of said national government and signed by an official veterinary inspector of such region showing that the therein described wool, hair, or bristles were taken from animals slaughtered in such specified abattoir and found free from anthrax and foot-and-mouth disease.

3 See footnote 2 in § 95.16.

§ 95.19 [Amended]
27. In § 95.19, paragraph (c) is amended by removing the words “and rinderpest”. 28. Section 95.20 is amended as follows: a. In paragraph (a), by removing the words “or rinderpest”; and b. By revising paragraph (c).

The revision reads as follows:

§ 95.20 Glue stock; requirements for unrestricted entry.

(c) Glue stock taken from cattle, sheep, goats, or swine slaughtered under national government inspection in a region 4 and in an abattoir in which is maintained an inspection service determined by the Secretary of Agriculture to be adequate to assure that such materials have been removed from animals found at time of slaughter to be free from anthrax and foot-and-mouth disease, and to assure further the identity of such materials until loaded upon the transporting vessel, may be imported without other restriction if accompanied by a certificate bearing the seal of the proper department of said national government and signed by an official veterinary inspector of such region showing that the therein described glue stock was taken from animals slaughtered in such specified abattoir and found free from anthrax and foot-and-mouth disease.

4 See footnote 2 in § 95.16.

§ 95.21 [Amended]
29. In § 95.21, paragraph (c) is amended by removing the words “and rinderpest”.
§ 95.23 [Amended]
30. In § 95.23, paragraph (c) is amended by removing the word “rinderpest,”.
§ 95.25 [Amended]
31. In § 95.25, paragraph (a) is amended by removing the words “or rinderpest”.
§ 95.26 [Amended]
32. Section 95.26 is amended by removing the words “or rinderpest”.
§ 95.27 [Amended]
33. In § 95.27, paragraph (c) is amended by removing the words “and rinderpest”.
§ 95.28 [Amended]
34. Section 95.28 is amended by removing the words “or rinderpest”.
§ 95.32 [Amended]
35. Section 95.32 is amended by removing the words “or rinderpest”.
§ 95.34 [Amended]
36. Section 95.34 is amended as follows: a. In the introductory text, by removing the words “rinderpest or”; and b. In paragraph (c), by removing the words “and rinderpest”.
§ 95.37 [Amended]
37. Section 95.37 is amended as follows: a. In paragraph (c) introductory text, by removing the words “and rinderpest”; and b. In paragraph (d), by removing the words “rinder-pest or”. PART 98—IMPORTATION OF CERTAIN ANIMAL EMBRYOS AND ANIMAL SEMEN 38. The authority citation for part 98 continues to read as follows: Authority:

7 U.S.C. 1622 and 8301-8317; 21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.

39. The heading for subpart A is revised to read as follows: Subpart A—Ruminant and Swine Embryos From Regions Free of Foot-and-Mouth Disease; and Embryos of Horses and Asses
§ 98.3 [Amended]
40. In § 98.3, the introductory text is amended by removing the words “rinderpest and”. 41. The heading for subpart B is revised to read as follows: Subpart B—Ruminant and Swine Embryos From Regions Where Foot-and-Mouth Disease Exists
§ 98.12 [Amended]
42. In § 98.12, paragraph (a) is amended by removing the words “rinderpest or”.
§ 98.13 [Amended]
43. In § 98.13, paragraph (a) is amended by removing the words “or rinderpest”.
§ 98.15 [Amended]
44. Section 98.15 is amended as follows: a. In the introductory text, by removing the words “rinderpest or”; b. In paragraphs (a)(1)(i) and (ii) and (a)(2)(i) and (ii), by removing the word “rinderpest,”; c. In paragraph (a)(3), by removing the words “either rinderpest or”; and d. In paragraphs (a)(5)(ii)(A) and (B), (a)(7)(i)(A) and (B), and (a)(8)(i)(A) and (B), by removing the word “rinderpest,”.
§ 98.16 [Amended]
45. In § 98.16, the introductory text is amended by removing the words “rinderpest or”. 46. Section 98.34 is amended as follows: a. In paragraph (a)(2), by removing the words “or rinderpest”; b. In the heading and introductory text of paragraph (c), by removing the words “rinderpest or”; c. By revising paragraph (c)(1)(i); d. In paragraph (c)(1)(ii), by removing the words “rinderpest or” both times they appear; e. In paragraph (c)(1)(iii), by removing the word “rinderpest,”; f. In paragraphs (c)(1)(v) and (c)(5) and (6), by removing the words “rinderpest or”; and g. In paragraph (c)(7), by removing the word “rinderpest,”.

The revision reads as follows:

§ 98.34 Import permits for poultry semen and animal semen.

(c) * * *

(1) * * *

(i) The donor animal shall have been inspected on the farm of origin or on another premises (the inspection may be on another premises only if a veterinarian of the Department has traced the donor animal back to its farm of origin) by a veterinarian of the United States Department of Agriculture who, in cooperation with the veterinary service of the region of origin of the donor animal, shall have determined, insofar as possible, that the donor animal was never infected with foot-and-mouth disease; that the donor animal was never on a farm or other premises where foot-and-mouth disease then existed; that the donor animal has not been on a premises that had an animal that was susceptible to the virus of foot-and-mouth disease and that was exposed to the disease during the 12 months immediately prior to the date of inspection of the donor animal; that the donor animal, if a swine, has never been vaccinated against foot-and-mouth disease; and that the donor animal was free from evidence of other communicable disease;

PART 104—PERMITS FOR BIOLOGICAL PRODUCTS 47. The authority for part 104 continues to read as follows: Authority:

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

48. Section 104.2 is amended by revising paragraph (b) to read as follows:
§ 104.2 Permit authorized.

(b) A permit shall not be issued for a biological product from countries known to have exotic diseases, including but not limited to foot-and-mouth disease, highly pathogenic avian influenza, swine vesicular disease, Newcastle disease, and African swine fever, if in the opinion of the Administrator, such products may endanger the livestock or poultry of this country.

Done in Washington, DC, this 4th day of April 2018. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-07232 Filed 4-10-18; 8:45 am] BILLING CODE 3410-34-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0170; Product Identifier 2017-SW-091-AD; Amendment 39-19239; AD 2018-07-08] RIN 2120-AA64 Airworthiness Directives; Agusta S.p.A. Helicopters AGENCY:

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

ACTION:

Final rule; request for comments.

SUMMARY:

We are adopting a new airworthiness directive (AD) for Agusta S.p.A. (Agusta) Model A109E, A109K2, A109S, AW109SP, A119, and AW119 MKII helicopters. This AD reduces the life limit of and requires inspecting a tail rotor blade retention bolt (bolt). This AD is prompted by the discovery of a cracked bolt. The actions of this AD are intended to address an unsafe condition on these products.

DATES:

This AD becomes effective April 26, 2018.

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

We must receive comments on this AD by June 11, 2018.

ADDRESSES:

You may send comments by any of the following methods:

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

Fax: 202-493-2251.

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

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

Examining the AD Docket

You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0170; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the European Aviation Safety Agency (EASA) AD, any incorporated-by-reference service information, the economic evaluation, any comments received, and other information. The street address for Docket Operations (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

For service information identified in this final rule, contact Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0170.

FOR FURTHER INFORMATION CONTACT:

Matt Fuller, Senior Aviation Safety Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]

SUPPLEMENTARY INFORMATION:

Comments Invited

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

Discussion

EASA, which is the Technical Agent for the Member States of the European Union, has issued Emergency AD No. 2016-0173-E, dated August 24, 2016, to correct an unsafe condition for Leonardo S.p.A. (formerly Agusta) Model A109E, A109K2, A109LUH, A109S, A119, AW109SP, and AW119MKII helicopters. EASA advises of a crack found in a bolt, part number (P/N) 709-0160-57-101, during a pre-flight inspection of a Model A109E helicopter. This part-numbered bolt is also installed on Model A109K2, A109LUH, A109S, A119, AW109SP, and AW119MKII helicopters. Subsequent investigation did not identify the cause of the crack. EASA advises that this condition, if not detected and corrected, could lead to failure of the tail rotor, possibly resulting in loss of control of the helicopter. As a precautionary measure pending the completion of the investigation and to address the unsafe condition, the EASA AD requires reducing the life limit of and repetitively inspecting the bolts. The EASA AD is considered an interim action and further AD action may follow.

Accordingly, this AD requires reducing the life limit of bolt P/N 709-0160-57-101 to 800 hours time-in-service (TIS) or 3,200 landings, depending on the model helicopter on which the bolt is installed. This AD also requires, within 25 hours TIS, inspecting each bolt for a crack using a 10X or higher power magnifying glass, both before and after cleaning and degreasing the bolts. Additional inspections of the bolts at longer intervals may also be necessary. We plan to publish a notice of proposed rulemaking to give the public an opportunity to comment on those long-term requirements.

The FAA is in the process of updating Agusta's name change to Leonardo Helicopters on its FAA type certificate. Because this name change is not yet effective, this AD specifies Agusta.

FAA's Determination

These helicopters have been approved by the aviation authority of Italy and are approved for operation in the United States. Pursuant to our bilateral agreement with Italy, EASA, its technical representative, has notified us of the unsafe condition described in the EASA AD. We are issuing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other helicopters of these same type designs.

Related Service Information Under 1 CFR Part 51

Leonardo Helicopters has issued Mandatory Bollettino Tecnico (BT) No. 109EP-149 for Model A109E helicopters, Mandatory BT No. 109K-72 for Model A109K2 helicopters, Mandatory BT No. 109S-072 for Model A109S helicopters, Mandatory BT No. 109SP-105 for Model AW109SP helicopters, and Mandatory BT No. 119-080 for Model A119 and AW119 MKII helicopters, all dated August 19, 2016. This service information specifies reducing the life limit of bolt P/N 709-0160-57-101 and repetitively inspecting the bolts for cracks.

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

AD Requirements

This AD requires, before further flight, removing from service any bolt P/N 709-0160-57-101 that has reached or exceeded its new life limit. Thereafter, this AD requires removing from service any bolt P/N 709-0160-57-101 before it reaches its new life limit.

This AD also requires, within 25 hours time-in-service, inspecting each bolt for a crack using a 10X or higher power magnifying glass, both before and after cleaning and degreasing the bolts, and replacing a cracked bolt before further flight.

Differences Between This AD and the EASA AD

The EASA AD applies to Model A109LUH helicopters. This AD does not because the Model A109LUH does not have an FAA type certificate. The EASA AD does not specify life limits for bolt P/N 709-0160-57-101 that has been interchanged between model helicopter installations, while this AD does. The EASA AD requires repeating the visual inspection every 200 hours, while this AD does not, as this time interval would allow for sufficient time for notice and comment.

Interim Action

We consider this AD to be an interim action. The design approval holder is currently developing a modification that will address the unsafe condition identified in this AD. Once this modification is developed, approved, and available, we might consider additional rulemaking.

Costs of Compliance

We estimate that this AD affects 234 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. Labor costs are estimated at $85 per work-hour.

Removing a bolt that has reached its new life limit will take about 2 work-hours for a cost of $170 per bolt. Inspecting the bolts will take about 4 work-hours for an estimated cost of $340 per helicopter and $79,560 for the U.S. fleet. Replacing a bolt will take negligible additional labor time and parts will cost about $500.

According to Leonardo Helicopter's service information, some of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage by Leonardo Helicopter. Accordingly, we have included all costs in our cost estimate.

FAA's Justification and Determination of the Effective Date

An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because some of the required corrective actions must be completed before further flight. Therefore, we find good cause that notice and opportunity for prior public comment are impracticable.

In addition, for the reasons stated above, we find that good cause exists for making this amendment effective in less than 30 days.

Authority for This Rulemaking

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

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

Regulatory Findings

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

For the reasons discussed, I certify that this AD:

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

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

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

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

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2018-07-08 Agusta S.p.A.: Amendment 39-19239; Docket No. FAA-2018-0170; Product Identifier 2017-SW-091-AD. (a) Applicability

This AD applies to Model A109E, A109K2, A109S, AW109SP, A119, and AW119 MKII helicopters, certificated in any category, with a tail rotor blade retention bolt (bolt) part number (P/N) 709-0160-57-101 installed.

(b) Unsafe Condition

This AD defines the unsafe condition as a crack in a bolt. This condition could result in failure of the tail rotor and loss of control of the helicopter.

(c) Effective Date

This AD becomes effective April 26, 2018.

(d) Compliance

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

(e) Required Actions

(1) Before further flight:

(i) For Model A109E and A109K2 helicopters, remove from service any bolt P/N 709-0160-57-101 that has 800 or more hours time-in-service (TIS). If the hours TIS is unknown, remove the bolt from service. Thereafter, remove from service any bolt P/N 709-0160-57-101 before accumulating 800 hours TIS.

(ii) For Model A109S, AW109SP, A119, and AW119 MKII helicopters, remove from service any bolt P/N 709-0160-57-101 that has 3,200 or more landings. If the number of landings is unknown, remove the bolt from service. Thereafter, remove from service any bolt P/N 709-0160-57-101 before accumulating 3,200 landings. For purposes of this AD, a landing is counted anytime a helicopter lifts off into the air and then lands again regardless of the duration of the landing and regardless of whether the engine is shutdown.

(iii) Remove from service any bolt P/N 709-0160-57-101 that has been interchanged between different model helicopters listed in paragraphs (e)(1)(i) and (e)(1)(ii) of this AD that has 800 or more hours TIS or 3,200 or more landings. If the hours TIS or number of landings is unknown, remove the bolt from service. Thereafter, remove from service any bolt P/N 709-0160-57-101 that has been interchanged between different model helicopters listed in paragraphs (e)(1)(i) and (e)(1)(ii) of this AD before accumulating 800 hours TIS or 3,200 landings, whichever occurs first.

(2) Within 25 hours TIS, remove each bolt P/N 709-0160-57-101. Prior to cleaning, using a 10X or higher power magnifying glass, visually inspect the bolt for a crack in the area depicted in Figure 1 of Leonardo Helicopters Mandatory Bollettino Tecnico Nos. 109EP-149, 109K-72, 109S-072, 109SP-105, or 119-080, all dated August 19, 2016 (BT Nos. 109EP-149, 109K-72, 109S-072, 109SP-105, or 119-080), as applicable to your model helicopter.

(i) If there is a crack, replace the bolt before further flight.

(ii) If there are no cracks, clean and degrease the inspection area of the bolt with solvent, and using a 10X or higher power magnifying glass, visually inspect the bolt for a crack in the area depicted in Figure 1 of BT Nos. 109EP-149, 109K-72, 109S-072, 109SP-105, or 119-080, as applicable to your model helicopter. If there is a crack, replace the bolt before further flight.

(f) Alternative Methods of Compliance (AMOCs)

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

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

(g) Additional Information

The subject of this AD is addressed in European Aviation Safety Agency (EASA) Emergency AD No. 2016-0173-E, dated August 24, 2016. You may view the EASA AD on the internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-2018-0170.

(h) Subject

Joint Aircraft Service Component (JASC) Code: 6500, Tail Rotor Drive System.

(i) Material Incorporated by Reference

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

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

(i) Leonardo Helicopters Mandatory Bollettino Tecnico No. 109EP-149, dated August 19, 2016.

(ii) Leonardo Helicopters Mandatory Bollettino Tecnico No. 109K-72, dated August 19, 2016.

(iii) Leonardo Helicopters Mandatory Bollettino Tecnico No. 109S-072, dated August 19, 2016.

(iv) Leonardo Helicopters Mandatory Bollettino Tecnico No. 109SP-105, dated August 19, 2016.

(v) Leonardo Helicopters Mandatory Bollettino Tecnico No. 119-080, dated August 19, 2016.

(3) For Leonardo Helicopters service information identified in this AD, contact Leonardo S.p.A. Helicopters, Matteo Ragazzi, Head of Airworthiness, Viale G.Agusta 520, 21017 C.Costa di Samarate (Va) Italy; telephone +39-0331-711756; fax +39-0331-229046; or at http://www.leonardocompany.com/-/bulletins.

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

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

Issued in Fort Worth, Texas, on April 3, 2018. Scott A. Horn, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service.
[FR Doc. 2018-07285 Filed 4-10-18; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection 19 CFR Part 101 [Docket No. USCBP-2017-0017; CBP Dec. 18-03] Extension of Port Limits of Savannah, GA AGENCY:

U.S. Customs and Border Protection, Department of Homeland Security.

ACTION:

Final rule.

SUMMARY:

This document adopts as a final rule, with changes, proposed amendments to U.S. Customs and Border Protection (CBP) regulations pertaining to the expansion of the geographical limits of the port of entry of Savannah, Georgia. The port limits will be expanded to make the boundaries more easily identifiable to the public and to allow for uniform and continuous service to the extended area of Savannah, Georgia. This change is part of CBP's continuing program to use its personnel, facilities, and resources more efficiently and to provide better service to carriers, importers, and the general public.

DATES:

Effective Date: May 11, 2018.

FOR FURTHER INFORMATION CONTACT:

Roger Kaplan, Office of Field Operations, U.S. Customs and Border Protection, (202) 325-4543, or by email at [email protected].

SUPPLEMENTARY INFORMATION: Background

In a Notice of Proposed Rulemaking (NPRM) published in the Federal Register (82 FR 30807) on July 3, 2017, U.S. Customs and Border Protection (CBP) proposed to amend § 101.3(b)(1) of title 19 of the Code of Federal Regulations (CFR) to extend the geographical limits of the port of entry of Savannah, Georgia. The proposed boundaries of the port of entry included the majority of Chatham County, Georgia, as well as a small portion of Jasper County, South Carolina.

As explained in the NPRM, Savannah, Georgia was designated as a customs port of entry by the President's message of March 3, 1913, concerning the reorganization of the U.S. Customs Service pursuant to the Act of August 24, 1912 (37 Stat. 434; 19 U.S.C. 1). Executive Order 8367, dated March 5, 1940, established specific geographical boundaries for the port of entry of Savannah, Georgia.

In the July 2017 NPRM, CBP proposed to amend the geographical limits of the port of entry of Savannah, Georgia because the current boundaries established by the Executive Order do not include a large portion of Savannah-Hilton Head International Airport, including the site of a proposed replacement Federal Inspection Service facility for arriving international travelers, or distribution centers and cold storage agricultural facilities that support the seaport. Also, most of the projected facilities, such as a new ship terminal with two berths for container ships and bonded warehouses, which will be built on the region's remaining undeveloped properties will be outside of the boundaries of the current port of entry. CBP determined that the extension of the boundaries would not result in a change in the service that is provided to the public by the port and would not require a change in the staffing or workload at the port. For the proposed rule, CBP posted on the docket on http://www.regulations.gov a map of the Savannah area with the current port limits marked by blue lines and the proposed port limits marked by red lines.

The NPRM solicited public comment on the proposed rulemaking. The public comment period closed on September 1, 2017.

Discussion of Comments

One commenter responded to the solicitation of comments to the proposed rule. A description of the comment received, together with CBP's analysis, is set forth below.

Comment:

The commenter fully supported the expansion of the port limits, but was concerned that the proposed limits did not take into consideration the warehouses and distribution centers being built to accommodate the current volume of trade. The commenter suggested that the western portion of the boundary line be extended to the county line (west of Interstate Highway 95) to support the future growth of the area, provide jobs and further solidify Savannah's position in international trade.

CBP Response:

CBP agrees with the commenter's suggestion to extend the western portion of the boundary line as the purpose of expanding the port of entry of Savannah is to provide better services to the carriers, importers and the general public. In addition, CBP has become aware that import facilities are just outside of Chatham County. Thus, CBP is extending the western boundary slightly into Effingham County to include those facilities. The further extension of the port would not require a change in staffing or workload at the port.

Conclusion

After review of the comment, CBP has determined to further expand the boundaries of the Savannah port of entry in this final rule. Instead of the western boundaries being along the Federal Interstate Highway 95, they begin where Highway 204 (Fort Argyle Road) intersects with Federal Interstate Highway 95, then proceed north to the intersection with Old River Road, then north along Old River Road until it intersects with Federal Interstate Highway 16, then east along Federal Interstate Highway 16 until it meets the Chatham County line, and then north along the Chatham County line until it meets the intersection with Federal Interstate Highway 95 and the Georgia-South Carolina state line. The new port limits are described below, and the map posted on the docket on http://www.regulations.gov shows the new port limits as expanded by this final rule marked by the blue and black lines.

Port Description of Savannah, Georgia

The final port limits of the port of entry of Savannah, Georgia, are as follows: From 32°14.588′ N-081° 08.455′ W (where Federal Interstate Highway 95 crosses the Georgia-South Carolina state line) and extending in a straight line to 32°04.903′ N-080°54.998′ W (where Walls Cut meets Wright River and Turtle Island); then proceeding in a straight line to 31°52.651′ N-081°03.331′ W (where Adams Creek meets Green Island Sound); then proceeding northwest in a straight line to 32°00.280′ N-081°17.00′ W (where Highway 204 intersects Federal Interstate Highway 95); then proceeding northwest along Fort Argyle Road (Highway 204) to the intersection with Old River Road; then proceeding north on Old River Road to the intersection with Federal Interstate Highway 16; then proceeding southeast along Federal Interstate Highway 16 to the Chatham County line; then proceeding northeast and then east along the length of the Chatham County line until it intersects with Federal Interstate Highway 95 at Knoxboro Creek; then proceeding north on Federal Interstate Highway 95 to the point of beginning at the Georgia-South Carolina state line.

Authority

This change is made under the authority of 5 U.S.C. 301, 6 U.S.C. 101, et seq.; 19 U.S.C. 2, 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1623, 1624, 1646a.

Regulatory Requirements A. Executive Orders 12866, 13563 and 13771

Executive Orders 12866 (“Regulatory Planning and Review”) and 13563 (“Improving Regulation and Regulatory Review”) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (“Reducing Regulation and Controlling Regulatory Costs”) directs agencies to reduce regulation and control regulatory costs and provides that “for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.”

The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB's Memorandum “Guidance Implementing Executive Order 13771, Titled `Reducing Regulation and Controlling Regulatory Costs' ” (April 5, 2017).

The final rule expands the geographical boundaries of the Savannah, Georgia, port of entry, and makes the boundaries more easily identifiable to the public. There are no new costs to the public associated with this rule.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996, requires agencies to assess the impact of regulations on small entities. A small entity may be a small business (defined as any independently owned and operated business not dominant in its field that qualifies as a small business per the Small Business Act); a small not-for-profit organization; or a small governmental jurisdiction (locality with fewer than 50,000 people).

This final rule merely expands the limits of an existing port of entry and does not impose any new costs on the public. Accordingly, we certify that this rule will not have a significant economic impact on a substantial number of small entities.

C. Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

D. Executive Order 13132

This rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

Signing Authority

The signing authority for this document falls under 19 CFR 0.2(a) because the extension of port limits is not within the bounds of those regulations for which the Secretary of the Treasury has retained sole authority. Accordingly, this final rule may be signed by the Secretary of Homeland Security (or her delegate).

List of Subjects in 19 CFR Part 101

Customs ports of entry, Harbors, Organization and functions (Government agencies), Seals and insignia, Vessels.

Amendment to the Regulations

For the reasons set forth above, part 101, CBP Regulations (19 CFR part 101), is amended as set forth below:

PART 101—GENERAL PROVISIONS 1. The general authority citation for part 101 and the relevant specific authority citation for section 101.3 continue to read as follows: Authority:

5 U.S.C. 301; 6 U.S.C. 101, et seq.; 19 U.S.C. 2, 66, 1202 (General Note 3(i), Harmonized Tariff Schedule of the United States), 1623, 1624, 1646a.

Section 101.3 and 101.4 also issued under 19 U.S.C. 1 and 58b.

§ 101.3 [Amended]
2. In § 101.3(b)(1), the table is amended under the State of Georgia by removing from the “Limits of port” column for Savannah the present limits description “Including territory described in E.O. 8367, Mar. 5, 1940 (5 FR 985).” and adding the words “CBP Dec. 18-03” in its place. Dated: April 4, 2018. Elaine C. Duke, Deputy Secretary of Homeland Security.
[FR Doc. 2018-07381 Filed 4-10-18; 8:45 am] BILLING CODE 9111-14-P
DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1926 Safety and Health Regulations for Construction CFR Correction In Title 29 of the Code of Federal Regulations, Part 1926, revised as of July 1, 2017, on page 88, in § 1926.60, remove paragraph (o)(8)(ii). [FR Doc. 2018-07530 Filed 4-10-18; 8:45 am] BILLING CODE 1301-00-D DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0291] RIN 1625-AA00 Safety Zone; Ohio River, Cincinnati, OH AGENCY:

Coast Guard, DHS.

ACTION:

Temporary final rule.

SUMMARY:

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Ohio River, extending the entire width of the river, from mile marker (MM) 490.0 to MM 491.5. This safety zone is necessary to provide for the safety of life and vessels during the Miami Fort Static Wire Crossing operation taking place near Cincinnati, OH. Entry into, transiting through, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative.

DATES:

This rule is effective from April 12, 2018 through April 22, 2018 during daylight hours only, or until the operation is complete, whichever occurs first.

ADDRESSES:

To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2018-0291 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT:

If you have questions on this rule, call or email Petty Officer Joshua Herriott, Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-5343, email [email protected]

SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Ohio Valley DHS Department of Homeland Security FR Federal Register MM Mile marker NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History

The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. We must establish this regulation by April 12, 2018 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing this rule.

Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable and contrary to the public interest because immediate action is necessary to protect persons and property from the dangers associated with the marine event.

III. Legal Authority and Need for Rule

The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Sector Ohio Valley (COTP) has determined that potential hazards associated with the Miami Fort Static Wire Crossing operation, occurring from April 12, 2018 through April 22, 2018, will be a safety concern for all navigable waters on the Ohio River from mile marker (MM) 490.0 to MM 491.5. The purpose of this rule is to ensure the safety of life and vessels on these navigable waters before, during, and after the event.

IV. Discussion of the Rule

This rule establishes a safety zone during daylight hours each day from April 12, 2018 through April 22, 2018 for all navigable waters of the Ohio River, extending the entire width of the river, from MM 490.0 to MM 491.5. Transit into and through this area is prohibited during periods of enforcement between April 12, 2018 through April 22, 2018. The periods of enforcement will be prior to, during, and 30 minutes after any vessel movement and wire transfer operations at Miami Fort. The Coast Guard was informed that the operations would take place during daylight hours only. A safety vessel will coordinate all vessel traffic during the enforcement periods. The COTP or a designated representative will inform the public through Broadcast Notice to Mariners (BNM), Local Notices to Mariners (LNM), or through other means of public notice at least 1 hour in advance of each enforcement period.

The duration of the safety zone is intended to ensure the safety of life and vessels on these navigable waters before, during, and after the scheduled event. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of Sector Ohio Valley. They may be contacted on VHF-FM Channel 16 or by telephone at 1-800-253-7465. Persons and vessels permitted to enter this regulated area must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

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

This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. This safety zone will be in place on a one and a half mile stretch of the Ohio River during daytime hours only for eleven days. The Coast Guard will issue Local Notice to Mariners and Broadcast Notice to Mariners via VHF-FM marine channel 16 about the temporary safety zone. This rule also allows vessels to seek permission from the COTP or a designated representative to enter the safety zone.

B. Impact on Small Entities

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

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

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

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

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

E. Unfunded Mandates Reform Act

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

F. Environment

We have analyzed this rule under Department of Homeland Security Directive 023-01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone that prohibits entry on a one and a half mile stretch of the Ohio River during daytime hours only for eleven days. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

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

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

2. Add § 165.T08-0291 to read as follows:
§ 165.T08-0291 Safety zone; Ohio River, Cincinnati, OH.

(a) Location. All navigable waters of the Ohio River between mile marker (MM) 490.0 and MM 491.5 in Cincinnati, OH.

(b) Effective date. This section is effective from April 12, 2018 through April 22, 2018, or until the wire crossing operation is completed, whichever occurs first.

(c) Periods of enforcement. This section will be enforced during daylight hours from April 12, 2018 through April 22, 2018, prior to, during, and 30 minutes after any vessel movement and wire transfer operations at Miami Fort. The Captain of the Port Sector Ohio Valley (COTP) or a designated representative will inform the public through Broadcast Notice to Mariners (BNM), Local Notices to Mariners (LNM), or through other means of public notice at least 1 hour in advance of each enforcement period. A safety vessel will coordinate all vessel traffic during the enforcement of this safety zone.

(d) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative. Persons or vessels desiring to enter into or pass through the zone must request permission from the COTP or a designated representative. They may be contacted on VHF-FM radio channel 16 or phone at 1-800-253-7465.

(2) Persons and vessels permitted to enter this safety zone must transit at the slowest safe speed and comply with all lawful directions issued by the COTP or a designated representative.

(e) Informational broadcasts. The COTP or a designated representative will inform the public through broadcast notices to mariners BNMs, LNMs, and other means of the enforcement period for the temporary safety zone as well as any changes in the planned schedule.

Dated: April 6, 2018. M.A. Wike, Commander, U.S. Coast Guard, Acting Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-07451 Filed 4-10-18; 8:45 am] BILLING CODE 9110-04-P
FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 Universal Service CFR Correction In Title 47 of the Code of Federal Regulations, Parts 40 to 69, revised as of October 1, 2017, on page 186, in § 54.410, make the following corrections: In paragraph (f)(2)(iii), remove the words “the National Verifier, state Lifeline administrator, or state agency” and add, in their place, “the eligible telecommunications carrier”; In paragraph (f)(4), remove the words “re-certification or subscribers' Lifeline” and add, in their place, “re-certification of subscribers' Lifeline”; and In paragraph (f)(5), remove the words “state agency's inability” and add, in their place, “state agency that it is unable”. [FR Doc. 2018-07531 Filed 4-10-18; 8:45 am] BILLING CODE 1301-00-D DEPARTMENT OF THE TREASURY 48 CFR Parts 1009 and 1052 Department of the Treasury Acquisition Regulations; Tax Check Requirements AGENCY:

Department of the Treasury.

ACTION:

Final rule.

SUMMARY:

This rule finalizes without change an interim rule that amended the Department of the Treasury Acquisition Regulation (DTAR) by adding a subpart titled “Responsible Prospective Contractor” and a paragraph concerning Representation and certifications regarding responsibility matters, for the purpose of directing IRS contracting officers to the newly added DTAR subpart titled “Tax Check Requirement,” which prescribes the policies and procedures for performing a tax check on the apparent successful offeror in order to determine eligibility to receive an award.

DATES:

Effective date: May 11, 2018.

FOR FURTHER INFORMATION CONTACT:

Thomas O'Linn, Procurement Analyst, Office of the Procurement Executive, at (202) 622-2092.

SUPPLEMENTARY INFORMATION:

I. Background

The DTAR, which supplements the Federal Acquisition Regulation (FAR), is codified at 48 CFR Chapter 10.

It is in the interest of the United States Government to only award contracts to entities that are responsible and law abiding. This is codified in FAR 9.104 by requiring contracting officers to perform a responsibility determination prior to each contract award by using the standards at FAR 9.104-1, as well as consider information submitted by the contractor and information they research or acquire from other sources. The IRS administers the Internal Revenue Code as enacted by Congress. Since fiscal year 2012, language in the annual consolidated Appropriations Act has prohibited the Federal Government under various conditions from using appropriated funds to enter into a contract with a prospective contractor unless the prospective contractor certifies in writing that it has not been notified of any unpaid Federal tax assessment. Most recently, Sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) prohibits the Federal Government from entering into a contract with any corporation where the awarding agency is aware of an unpaid Federal tax liability.

For purposes of tax administration, the IRS has access to taxpayer return information that is not otherwise available to other Federal Agencies pursuant to 26 U.S.C. 6103(h)(1). The Department of the Treasury has determined that an IRS contractor's compliance with the tax laws is a tax administration matter. Additionally, 26 U.S.C. 6103(c) authorizes the IRS to disclose a taxpayer's return information to such person(s) as the taxpayer may designate in a consent to such disclosure. In many cases, however, the official signing a contract proposal on behalf of an offeror will not be an official to whom the IRS is authorized to disclose the offeror's tax information. Thus, in order to ensure that IRS is authorized to discuss the offeror's own tax information with an authorized official of the offeror, a consent to disclosure is required. This consent to disclosure must be in the form of a separate written document pertaining solely to the authorized disclosure and must be signed and dated by an authorized person as required and defined in 26 U.S.C. 6103(c) and 26 CFR 301.6103(c)-1(e)(4).

II. Interim Rule

On November 16, 2017 (82 FR 53426), the Department issued an interim rule to amend the DTAR to establish policies and procedures that facilitate successful, timely, and economical execution of IRS contractual actions in compliance with the FAR and various appropriation restrictions. Specifically, the interim rule established an express requirement for IRS contracting officers to use taxpayer return information that is available only to IRS to perform a tax check on the apparent successful offeror for purposes of determining eligibility to enter into a contract with the IRS. The IRS has established an internal Procedure, Guidance and Information (PGI) that further supplements the DTAR requirement for IRS contracting officers to use when conducting a tax check. To ensure compliance with 26 U.S.C. 6103(h)(1) and to safeguard taxpayer return information, the PGI restricts the number of personnel within the IRS Office of Procurement who have access to tax compliance information. The PGI also limits the amount of information provided to the contracting officer regarding a delinquent Federal tax liability. Upon notification by the contracting officer that the offeror has a delinquent Federal tax liability, the offeror may provide the contracting officer with documentation that demonstrates the offeror's tax status as paid-in-full or that an approved payment agreement has been reached, at which time the contracting officer will coordinate with the appropriate office within IRS to validate the offeror's tax status (see FAR 9.104-5(a)(1), (b)(1) and (e)).

The offeror may want to take steps to confirm it does not have a delinquent Federal tax liability prior to submission of its response to the solicitation. If the offeror recently settled a delinquent Federal tax liability, the offeror may want to take steps to obtain information in order to demonstrate the offeror's responsibility to the contracting officer, if such information is requested (see FAR 9.104-5(a)(1) and (b)(1)).

The interim rule supplemented paragraph (b) of FAR 9.104-5, Representation and certifications regarding responsibility matters, for the purpose of directing IRS contracting officers to the newly added DTAR subpart 1009.70, which prescribes the policies and procedures for performing a tax check on the apparent successful offeror to determine eligibility to receive an award.

The interim rule added DTAR subparts 1009.1, Responsible Prospective Contractors, and 1009.70, Tax Check Requirements. This latter subpart prescribes the policies and procedures IRS contracting officers will use for performing a tax check on the apparent successful offeror to determine eligibility to receive an award. Definitions of terms “authorized representative(s) of the offeror,” “delinquent Federal tax liability,” and “tax check” are included within this subpart. The definition of “authorized representative(s) of the offeror” is the person(s) identified to the IRS contracting officer by the offeror as authorized to represent the offeror in disclosure matters pertaining to the offer. The definition of “delinquent Federal tax liability” is derived from language within the FAR concerning Federal tax delinquency and unpaid Federal tax assessment (see FAR 9.104-5). The definition of “tax check” is an IRS process that accesses and uses taxpayer return information, that is available only to IRS, to support the Government's determination of an offeror's eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5(b)).

The interim rule added a provision to be inserted in all IRS solicitations regardless of dollar value, including those for commercial items. The provision will notify offerors that the IRS will conduct a tax check because the Department of the Treasury has determined that an IRS contractor's compliance with the tax laws is a tax administration matter, and that taxpayer return information is needed for determining an offeror's eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have a unpaid Federal tax liability (see FAR 9.104-5(b)). The provision also contains a consent to disclosure to be signed and dated by a person authorized to act on behalf of the offeror as defined in 26 CFR 301.6103(c)-1(e)(4). The consent to disclosure authorizes the officers and employees of the Department of the Treasury, including the IRS, to disclose the results of the tax check to the person(s) authorized by the offeror via the signed consent to disclosure.

Under the interim rule, this provision applies to all IRS solicitations regardless of the dollar value, including commercial items (including Commercially Available Off-the-Shelf items). This determination is consistent with the FAR requirements regarding the inclusion of the provisions 52.209-5, 52.209-11 and 52.212-3 as well as various appropriation restrictions.

III. Summary of Public Comments and This Final Rule

The comment period for the interim rule closed on January 16, 2018. Treasury received twenty-seven comments and twenty-six of those were outside of the scope of the regulation. The one comment within the scope supported the rule. The commenter noted that the rule will improve the contracting system by making the award process fairer and more efficient. Accordingly, the interim rule is adopted in this final rule without change.

IV. Regulatory Procedures Executive Orders 12866 and 13563

Executive Orders (E.O.s) 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). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. chapter 6) generally requires agencies to conduct an initial regulatory flexibility analysis and a final regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities.

It is hereby certified that this final rule will not have a significant economic impact on a substantial number of small entities. In this final rule, the Department is adopting an interim rule without change. The interim rule amended the DTAR to establish an internal process that strengthens IRS' compliance with appropriation act restrictions and the FAR prohibition of entering into a contract with contractors having a delinquent Federal tax liability (see FAR subpart 9.1) and should not have significant economic impacts on small entities other than the potential for not receiving award if the small entity has a delinquent Federal tax liability. This rule does not impose any new reporting, recordkeeping or other compliance requirements. The rule does not duplicate, overlap, or conflict with other Federal rules.

List of Subjects in 48 CFR Parts 1009 and 1052

Government procurement.

For reasons set forth in the preamble, the interim rule published on November 16, 2017 (FR Doc. 2017-24911) is adopted as final without change.

Dated: March 6, 2018. Iris B. Cooper, Senior Procurement Executive.
[FR Doc. 2018-07458 Filed 4-10-18; 8:45 am] BILLING CODE 4810-25-P
DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 23 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) CFR Correction In Title 50 of the Code of Federal Regulations, Parts 18 to 199, revised as of October 1, 2017, on page 180, in § 23.24, Code “F” is reinstated for Source of specimen “(d) Captive-bred wildlife (§ 23.36):”. [FR Doc. 2018-07529 Filed 4-10-18; 8:45 am] BILLING CODE 1301-00-D DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 170815763-8270-02] RIN 0648-BH13 International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2018 to 2020 AGENCY:

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

ACTION:

Final rule.

SUMMARY:

NMFS is issuing regulations under the Tuna Conventions Act to implement Resolution C-17-02 (Conservation Measures for Tropical Tunas in the Eastern Pacific Ocean During 2018-2020 and Amendment to Resolution C-17-01), which was adopted at the 92nd Meeting of the Inter-American Tropical Tuna Commission (IATTC) in July 2017. This final rule implements the C-17-02 fishing management measures for tropical tuna (i.e., bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna (Katsuwonus pelamis)) in the eastern Pacific Ocean (EPO). This final rule imposes the following on purse seine vessels with carrying capacity greater than 182 metric tons (mt) fishing for tropical tuna in the EPO: A 72-day EPO-wide closure, a 31-day area closure, and a requirement that—with some exceptions—all tropical tuna be retained and landed. In addition, this final rule revises the restrictions for exemptions due to force majeure, establishes a bigeye tuna catch limit of 750 mt for U.S. longline vessels greater than 24 meters in overall length, and regulates the use and design of fish aggregating devices. This final rule is necessary for the conservation of tropical tuna stocks in the EPO and for the United States to satisfy its obligations as a member of the IATTC.

DATES:

This rule is effective May 11, 2018, except for the amendments to 50 CFR 300.24(qq) and 300.28(e), which are effective on January 1, 2019.

ADDRESSES:

Copies of the Environmental Assessment, revised Regulatory Impact Review, and other supporting documents are available via the Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2017-0129, or by contacting the Highly Migratory Species Branch Chief, Heidi Taylor, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90208, [email protected]

FOR FURTHER INFORMATION CONTACT:

Rachael Wadsworth, NMFS at 562-980-4036.

SUPPLEMENTARY INFORMATION:

Background

On November 14, 2017, NMFS published a proposed rule in the Federal Register (82 FR 52700) to implement provisions of Resolution C-17-02 (Conservation Measures for Tropical Tunas in the Eastern Pacific Ocean During 2018-2020 and Amendment to Resolution C-17-01) adopted by the Inter-American Tropical Tuna Commission (IATTC or Commission) by consensus at its 92nd meeting in July 2017, in Mexico City, Mexico. The proposed rule contains additional background information, including information on the IATTC and its Convention Area, the international obligations of the United States as an IATTC member, and the need for regulations. The 30-day public comment period for the proposed rule closed on December 14, 2017.

The final rule is implemented under the Tuna Conventions Act (16 U.S.C. 951 et seq.). This final rule applies to U.S. purse seine and longline vessels greater than 24 meters (m) in overall length fishing for tropical tunas in the IATTC Convention Area from May 11, 2018. The IATTC Convention Area is defined as waters of the eastern Pacific Ocean (EPO) within the area bounded by the west coast of the Americas and by 50° N latitude, 150° W longitude, and 50° S latitude.

As specified under Resolution C-17-02, the final rule continues to apply three regulations for the U.S. fleet that were in effect in 2017, revises several regulations for both purse seine and longline vessels, adds a description of the process for transferring longline bigeye tuna catch limits between countries, and imposes new restrictions on fish aggregating device (FAD) deployment and removal, reporting, and design standards. Because the preamble of the proposed rule contained detailed information on the maintained and revised measures, this final rule will briefly summarize these measures and include more detail on the new measures.

Regulations Continued From Previous Years

The final rule continues to apply the regulations effective in previous years, including 2017, for purse seine vessels of class sizes 4-6 (carrying capacity greater than 182 metric tons (mt)) fishing for tropical tuna in the EPO. This includes a 72-day EPO-wide fishing closure period, a time/area closure in the EPO for 31 days, and a requirement that all tropical tuna be retained on board and landed, except fish considered unfit for human consumption for reasons other than size. The final rule continues to allow a single exception on the final set of a trip, when there may be insufficient space remaining to accommodate all the tuna caught in that set.

Regulations Continued From Previous Years With Some Revisions

The final rule also increases the catch limit from 500 mt to 750 mt for bigeye tuna caught in the EPO by U.S. longline vessels greater than 24 meters (m).

The final rule narrows the definition of force majeure and adjusts the number of days a purse seine vessel would need to observe the 72-day closure period, if granted a force majeure exemption, from 30 days to 40 days. The final rule allows the reduced closure period to be observed in the year the force majeure event occurred, or if the vessel already observed a 72-day closure period in the year the event occurred, in the following year. The final rule requires all size class 4-6 purse seine vessels granted an exemption due to force majeure to carry an observer.

NMFS is also adding a procedural requirement in the final rule to the regulations governing exemptions due to force majeure. Currently, the regulations do not have a required deadline for vessel owners or operators to submit information to NMFS for force majeure exemption requests. The final rule requires U.S. vessel owners or operators requesting an exemption due to force majeure to send the request to NMFS within 20 calendar days after the vessel has been unable to proceed to sea for the same amount of days as the closure period (i.e., 72 days). Although Resolution C-17-02 specifies that the request must be sent to the IATTC Secretariat “. . . at the latest one month after it happens,” NMFS is requiring the information to be sent to NMFS within 20 calendar days to allow for additional time to review and process the request before NMFS sends the information to the IATTC Secretariat.

In addition, the final rule removes two regulations that were in effect in 2017: (1) The exception for allowing a purse seine vessel with a dolphin mortality limit to fish for 10 days during the closure period; and (2) the exception that allowed purse seine vessels of class size 4 (i.e., vessels with a carrying capacity between 182 and 272 mt) to make a single fishing trip of up to 30 days during the closure period, provided that any such vessel carries an observer.

New Regulations Beginning in 2018

Bigeye tuna longline transfers. Resolution C-17-02 regulates, for the first time, the practice of IATTC members or cooperating non-members (collectively known as CPCs) transferring catch limits for bigeye tuna in the EPO for longline vessels greater than 24 m in overall length. The previous IATTC resolutions on tropical tuna did not address transfers of bigeye tuna catch limit in the EPO. NMFS and U.S. Department of State are responsible for arranging any transfers of a bigeye tuna catch limit for the United States with another IATTC CPC. Currently, the IATTC CPCs with which the United States could conduct a transfer, per paragraph 16 of Resolution C-17-02, include China, Japan, South Korea, and Chinese Taipei. In accordance with paragraph 18 of Resolution C-17-02, NMFS and U.S. Department of State will ensure that the total catch limit transferred either to or from the United States does not exceed 30 percent of the catch limit designated to those IATTC CPCs or the United States, respectively, by the IATTC. In addition, these transfers may not retroactively cover an overage of a U.S. catch limit for bigeye tuna. The United States may not retransfer to a CPC any of the transferred catch limit it receives from another CPC.

Per requirements of the Resolution, NMFS will notify the IATTC of the transfer 10 days in advance, either separately or with the other CPC transferring catch. The notification would specify the tonnage to be transferred and the year in which the transfer would occur. NMFS will be responsible for the management of the transferred catch limit, including monitoring and monthly reporting of catch.

If the United States engages in a transfer of a bigeye tuna catch limit with another CPC, NMFS will publish a notice in the Federal Register announcing the new catch limit for bigeye tuna in the EPO that is available to U.S. longline vessels over 24 m in overall length.

Restrictions on Active FADs. This final rule defines the term “Active FAD” as a FAD that is equipped with gear capable of tracking location, such as radio or satellite buoys. While the regulatory text of the proposed rule would not have prohibited the continued deployment of FADs that are not “active,” NMFS sought public comment on the potential burden of such a prohibition in order to facilitate enforcement, monitoring, and reporting. Subsequently, NMFS was informed by industry that all FADs deployed by U.S. purse seine vessels meet the criteria for “Active FADs.” Because the burden on U.S. industry would appear to be nonexistent under prevailing practice, but the management value is substantial, the final rule prohibits the deployment of FADs that are not Active FADs. Mere possession of non-Active FADs on a vessel is allowed under the regulations, but only Active FADs may be deployed by U.S. vessels in the IATTC Convention Area. Resolution C-17-02 specifies that an Active FAD may be activated only while it is onboard a purse seine vessel. To implement this provision, the final rule specifies that an Active FAD will be considered active at all times unless/until the tracking equipment is removed and the vessel owner or operator notifies NMFS Highly Migratory Species (HMS) Branch or the IATTC that this FAD is no longer active (i.e., deactivated). In accordance with Resolution C-17-02, each purse seine vessel on the IATTC Regional Vessel Register that has a well volume of 1,200 m3 or more has a limit of 450 Active FADs that can be active at any one time.

Reporting on Active FADs. U.S. vessel owners and operators are required to maintain daily information on all Active FADs deployed in the water in the IATTC Convention Area and report this information monthly to the address specified by NMFS HMS Branch. NMFS will distribute guidance regarding the reporting requirements to U.S. purse seine vessel owners and operators prior to the effective date of the final rule. These reports must be submitted no later than 90 days after the month covered by the report. For example, reports covering the month of January 2018 must be submitted on or before May 1, 2018.

The final rule also requires that reports on FAD interactions, which are already required by regulations at 50 CFR 300.25(i), must be submitted within 30 days of each landing or transshipment of tuna or tuna-like species.

FAD deployment and removals. The final rule specifies that U.S. vessel owners, operators, and crew of purse seine vessels of class sizes 4-6 must ensure that FADs are not deployed during a period of 15 days prior to the start of the 72-day closure period selected by the vessel per 50 CFR 300.25(e)(1). In addition, the regulations specify that if a U.S. vessel owner, operator, and crew of a purse seine vessel of class size 6 chooses to set on FADs during this 15 day period, they must remove from the ocean a number of FADs equal to the number of FADs set upon by the vessel during this same 15 day period.

FAD designs to reduce entanglements. As specified under IATTC Resolution C-17-02, the FAD design requirements that are intended to reduce entanglements will become effective on January 1, 2019, which is later than the effective date for the rest of the rule. Resolution C-17-02 includes broadly worded restrictions on the use of entangling material on FADs. In the proposed rule, NMFS proposed two options to meet the Resolution restrictions by following guidance developed by the International Seafood Sustainability Foundation (ISSF) Guide for Non-Entangling FADs (ISSF Guide) (available at: https://iss-foundation.org/knowledge-tools/guides-best-practices/non-entangling-fads/download-info/issf-guide-for-non-entangling-fads/). The two options proposed were: (1) The “Lower Entanglement Risk FADs” (e.g., only small mesh netting (i.e., 7 cm/2.5 in or less stretched mesh) and must be tightly tied into bundles (“sausages”), or formed into a panel that is weighted so as to keep it taut); or (2) “Non-Entangling FADs” (e.g., no mesh netting in FAD) as described in the ISSF Guide. NMFS proposed these options to establish clear standards for FAD designs that meet the requirements of Resolution C-17-02. In addition, NMFS solicited information from the public on additional materials or configurations that have been demonstrated to reduce or avoid entanglements when used in FAD construction, but did not receive any new suggestions on FAD material or design.

NMFS received a comment from the American Tunaboat Association (ATA), which represents large U.S. purse seine vessels that fish in the EPO, on the proposed regulations for FAD design. The ATA objected to these proposed regulations because the restrictions would go beyond the explicit requirements of Resolution C-17-02 and thereby create an unfair playing field for the U.S. fleet compared to the fleets of other IATTC CPCs. In consideration of ATA's comment, NMFS is modifying the proposed regulations in this final rule.

This final rule prohibits only two FAD design features that are suggested by ISSF to have the highest risk of entangling marine life. Based on ISSF guidance, FADs with the highest risk of entanglement use large mesh netting, such as 4.25 to 8 inch stretched mesh, that hang freely beneath the FAD (Figure 1). At this time, NMFS is not limiting the size of the net mesh used in the FAD design, but under the final rule, any netting used in the subsurface structure of the FAD must be tightly tied into bundles (“sausages”). In addition, if the FAD design includes a covered raft (e.g., flat raft or rolls of material) and if mesh netting is used for the cover, the mesh netting must be tightly wrapped around the entire raft such that no loose netting hangs below the FAD.

ER11AP18.000

NMFS believes that these requirements will effectively prohibit FAD designs that are most dangerous for bycatch species, such as sharks. Furthermore, the requirements are sufficiently specific to be enforceable. NMFS believes that these restrictions also will allow U.S. industry to operate on an equal playing field relative to our IATTC partners. NMFS recognizes that any netting used in a FAD may become loose over time, yet in order to achieve the intent of the Resolution, the netting must remain secure and tight whenever deployed. Therefore, NMFS reminds the fleet that in order to comply with these regulations, the purse seine operators must remain vigilant in maintaining and securing all mesh net used in FADs.

NMFS has opted to establish standards that are more specific than the Resolution to aid with compliance and enforcement, and further the intent of the Resolution that member nations should design and deploy FADs “to avoid entangling marine life.” NMFS recognizes that the IATTC is expected to conduct more work to define non-entangling FADs and to develop specific guidance on materials and designs for FADs. NMFS intends to work with the IATTC FAD Working Group and the Commission to clarify non-entangling FAD requirements to ensure consistency between IATTC CPCs. NMFS will update these regulations, as appropriate, when guidance is adopted by the IATTC.

Public Comments and Responses

NMFS received six comments during the 30-day public comment period that closed on December 14, 2017, and one comment after the comment period closed. Two comments were anonymous, two were from members of the public, and the remaining were from representatives of the Hawaii Longline Association (HLA), the Marine Mammal Commission (MMC), and the ATA. Three commenters supported the regulations as proposed, and one opposed the proposed rule because the regulations proposed to increase the longline catch limit for bigeye tuna. One of the anonymous commenters did not comment on the proposed regulations directly, but expressed views on global warming, and although this topic is not entirely outside the general subject matter of fisheries management, it does not warrant a response. The other comments are detailed below with responses from NMFS.

Comment 1: The commenter expressed support for the proposed regulations and supported the use of tracking gear for researchers to monitor catch levels and closure areas. The commenter recommended this data be available to the public for assistance in monitoring vessels that break the rules.

Response: NMFS thanks the commenter for their support for the proposed regulations. In response to the commenter's request that vessels be tracked with the aim to aid in enforcement, NMFS notes that the IATTC requires the installation of a vessel monitoring system (VMS) unit for large tuna fishing vessels greater than 24 m in overall length fishing in the EPO (see 50 CFR 300.26). This information is used to aid in U.S. enforcement with fisheries regulations such as closure areas. The VMS information data for these vessels is sent to NMFS Office of Law Enforcement and U.S. Coast Guard and is used strictly for enforcement purposes; however, this information may not be released publically under the Trade Secrets Act because it is commercially confidential.

Comment 2: The commenter supported implementing the proposed regulations and noted that the United States should be a role model for other nations and should continue to ensure overfishing does not occur. The commenter also supported the management measures on FADs and expressed the view that FADs should be banned in all countries throughout the year. The commenter noted that FAD fishing is inefficient and not worth the cost of all the marine life killed as bycatch in FADs.

Response: NMFS thanks the commenter for their support of the proposed regulations, and for highlighting the obligation of the United States to domestically implement measures adopted by the IATTC. In response to the commenter's recommendation that FADs be banned, this goes beyond the scope of this rule, which implements a specific resolution adopted by the IATTC. However, recommendations on new FAD management measures can be considered by the U.S. delegation when formulating U.S. positions during IATTC deliberations.

In response to the commenter's view that FADs are inefficient and contribute to wasteful bycatch, NMFS agrees that bycatch should continue to be mitigated through management measures. This final rule implements new restrictions on FADs, including requirements for designs that are intended to reduce the entanglement of bycatch species, such as sharks. NMFS intends to continue working with the IATTC Bycatch Working Group and the Commission to reduce bycatch in tuna fisheries in the EPO.

Comment 3: The commenter opposed these proposed regulations because it would increase the bigeye tuna catch limit for U.S. longline vessels greater than 24 m in overall length in the EPO. The commenter also expressed the view that the FAD regulations are not restrictive enough and should require biodegradable materials be used on FADs. In addition, the commenter recommended that catch levels for tunas should be decreased in the EPO and referenced papers on FADs and overfishing for tuna.

Response: NMFS thanks the commenter for their views on the proposed regulations. In response to the commenter's opposition to an increase in the U.S. bigeye tuna catch limit, the IATTC's goal is to manage stocks to levels that produce maximum sustainable yield (MSY) under the Antigua Convention. Because the stock assessment for bigeye tuna in the EPO conducted by the IATTC scientific staff in 2017 did not show the stock biomass to be below MSY or fishing levels to be above MSY, the IATTC approved this small increase for the United States. As explained in the Classification section of the proposed rule, the increase in U.S. catch limit of 250 mt represents a 0.45 percent increase of the total international catch limit in the EPO. The IATTC staff estimated that this increase represents less than a 1 percent increase in fishing mortality for the EPO stock of bigeye tuna.

In response to the recommendation for biodegradable FADs, NMFS agrees that biodegradable materials are useful to reduce marine debris. Although the IATTC has not adopted binding measure on biodegradable FADs, Annex II of IATTC Resolution C-16-01 urges the promotion of biodegradable FADs as a voluntary measure, and NMFS expects this issue to be discussed more in the IATTC FAD Working Group, as well as by the Commission.

Comment 4: HLA expressed support for the increase in the bigeye tuna longline catch limit from 500 to 750 mt and also for the proposed regulation to allow a transfer of bigeye tuna catch. In addition, HLA requested that NMFS ensure any transferred catch limit of bigeye tuna be expedited by prompt notice in the Federal Register to avoid delays that have occurred in the western Pacific Ocean when increases in catch limits have taken place.

Response: NMFS thanks HLA for its views on these regulations. If any catch limit is transferred to the United States from another CPC, NMFS will make every effort to promptly publish this notice in the Federal Register.

Comment 5: The ATA commented that the proposed requirements for “Lower Entanglement Risk FADs” and “Non-Entangling FADs” go beyond the requirements in Resolution C-17-02 and promote an unequal playing field that would disadvantage the U.S. purse seine fleet.

Response: NMFS thanks ATA for its perspective on the proposed regulations on “Lower Entanglement Risk FADs” and “Non-Entangling FADs.” In response to this comment, NMFS concluded that the proposed regulations were within the overall mandate of the Resolution to minimize entanglement and fell within the discretion of the Secretary to devise and promulgate an enforceable interpretation of a binding IATTC Resolution. However, NMFS agrees with the ATA that the specific material and gear requirements for non-entangling FADs need to be further clarified by the IATTC to ensure consistency. Therefore, NMFS has taken into consideration ATA's comments in this final rule.

In the final rule, the proposal has been modified in a way that is still specific and aids with compliance and enforcement. The rule prohibits only design features that are shown by ISSF to have the highest risk of entangling marine life. Based on ISSF guidance, FADs with the highest risk of entanglement use large mesh netting that hangs freely beneath the FAD. Under these regulations, this design is prohibited and if any mesh netting is used in the subsurface part of the FAD it must be tightly rolled into “sausages.” This option was chosen because the standard can be understood by the regulated community and is enforceable, while at the same time not being overly restrictive compared to other IATTC CPCs.

Although the text in Resolution C-17-02 is broad, many countries seem to be using FAD materials and designs that are consistent with the “Lower Entanglement Risk FADs” and “Non-Entangling FADs” as described by ISSF. According to information collected by ISSF, the U.S. purse seine fleet uses the highest risk of entangling materials on FADs and the majority of the other IATTC members surveyed by ISSF used a combination of the “Lower Entanglement Risk FADs” and “Non-Entangling FADs.” 1

1 ISSF 2017: Available online at: https://iss-foundation.org/download-monitor-demo/download-info/issf-2017-07-towards-global-non-entangling-fish-aggregating-device-fad-use-in-tropical-tuna-purse-seine-fisheries-through-a-participatory-approach/.

Given that the FAD design provisions of the Resolution must be implemented no later than January 1, 2019, NMFS intends to keep working with the IATTC FAD Working Group and the Commission to clarify non-entangling FAD requirements to ensure consistency between IATTC CPCs. NMFS will update these regulations, as appropriate, when guidance is adopted by the IATTC.

Comment 6: The Marine Mammal Commission (MMC) supported the proposed regulations on FADs and, in particular, on non-entangling FADs. The MMC noted the large whale entanglements in FADs in other oceans, and stated that the design and management of FADs can have a considerable impact on various marine species, including marine mammals.

In addition, the MMC recommended that the U.S. delegation to the IATTC continue to press for sufficient observer coverage and vessel reporting requirements for all IATTC CPCs to provide reliable data on the impact of FADs and related purse seine fishing operations on cetaceans. Given the evidence that large whales interact with both FADs and the tuna purse seine fisheries that deploy and set on FADS, the MMC believes that designing FADs that are less likely to entangle large fauna is an important effort that should be supported.

Response: NMFS thanks the MMC for its view on these proposed regulations and for highlighting the concern that FADs have the potential to entangle whales. NMFS notes that the IATTC requires 100 percent observer coverage on large purse seine vessels that fish with FADs. The observers onboard these purse seine vessels have reported interactions with whales and FADs. However, NMFS is not aware of discussions regarding interactions between whales and FADs within the IATTC. The IATTC and Agreement on the International Dolphin Conservation Program do not require observers on purse seine vessels with a carrying capacity of less than 363 mt; however, there are two situations where an observer is required on these vessels: (1) If the vessel of class sizes 1 to 5 (less than 363 mt in carrying capacity) has committed an infraction by setting on dolphins, or (2) if a purse seine vessel of class sizes 4-6 (more than 182 mt but less than 363 mt in carrying capacity) has been granted an exemption due to force majeure and wishes to fish during the closure period. The IATTC and Scientific Advisory Committee have discussed the need for observers on smaller vessels, including options for electronic monitoring, and the U.S. delegation has supported these recommendations.

In response to the request for NMFS to implement the Resolution requirement for non-entangling FADs, as explained in the preamble, NMFS will implement elements of the proposed regulations that are considered the highest risk for entanglement. NMFS recognizes the text in Resolution C-17-02 and C-16-01 needs to be clarified by the IATTC and NMFS intends to work on this issue within the IATTC.

Changes From the Proposed Rule

NMFS is changing the regulatory text in the final rule from the proposed rule that relate to Active FADs, material and designs to reduce entanglements on FADs, and the process for exemptions due to force majeure.

As explained in the preamble, NMFS is adding a prohibition against deploying non-Active FADs in the EPO. NMFS solicited input from the public on this particular issue and, through discussion with industry, learned that the U.S. already deploys only Active FADs. In addition, the final regulation limits the daily reporting requirement for Active FADs only to FADs that are deployed in the water.

For reasons explained in the preamble above and in response to public comment, NMFS is modifying the proposed regulations on “Lower Entanglement Risk FADs” and “Non-Entangling FADs.” NMFS is revising the proposed regulations on the FAD material and design to require any mesh netting used in the subsurface structure of the FAD to be rolled. If mesh netting is used for the cover of the FAD raft, the mesh netting shall be tightly wrapped around the entire raft such that no loose netting hangs below the FAD when deployed.

NMFS is adding a procedural requirement to the regulations governing exemptions due to force majeure to be consistent with Resolution C-17-02, which requires that any request be sent to the IATTC “at the latest” 1 month after the force majeure event. NMFS is requiring the information to be sent to NMFS within 20 calendar days after the vessel has been unable to proceed to sea for 72 days because of a force majeure event to allow for additional time to review and process the request before NMFS sends the information to the Secretariat. NMFS is adding this requirement to ensure that any force majeure request submitted by U.S. purse seine vessel owners and operators are not disqualified by the IATTC Secretariat for issues related to timing of the request. The IATTC has final control over whether force majeure requests are accepted, and NMFS is adding the 20-day deadline to better ensure we are able to submit the requests to IATTC in a timely manner.

NMFS is removing the reference to carrying capacity in metric tons in 50 CFR 300.28(c) to be consistent with Resolution C-17-02 and to eliminate possible confusion with conversions between metric tons and cubic meters. In addition, NMFS is making various non-substantive revisions to the regulatory text for clarity or ease of reading.

Classification

After consultation with the Departments of State and Homeland Security, the NMFS Assistant Administrator has determined that this final rule is consistent with the Tuna Conventions Act of 1950, as amended, and other applicable laws, subject to further consideration after public comment.

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

This rule contains a collection-of-information requirement subject to the Paperwork Reduction Act (PRA) and which has been approved by OMB Control Number 0648-0148. NMFS amended the supporting statement for the West Coast Region Pacific Tuna Fisheries Logbook and Fish Aggregating Device Form, Office of Management and Business (OMB) PRA requirements (OMB Control No. 0648-0148) to include the data collection requirements for FADs as described in the preamble. NMFS estimates that the public reporting burden for this collection of information will average 3 minutes per form, including 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 this burden estimate, 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) 395-5806.

Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a 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.

Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), 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. Further details on the factual basis for the certification were published in the proposed rule (November 14, 2017, 82 FR 52700) and are not repeated here. No comments were received regarding the certification, and none of the changes from the proposed to the final rule will increase costs to the affected public. Therefore, the certification published with the proposed rule that states this rule is not expected to have a significant economic impact on a substantial number of small entities is still valid. As a result, a regulatory flexibility analysis was not required and none was prepared.

The Assistant Administrator for Fisheries has determined that good cause exists under 5 U.S.C. 553(b)(B), to waive the requirement for providing advance notice and comment for requiring force majeure requests to be sent to NMFS within 20 calendar days to allow for additional time to review and process the request before NMFS sends the information to the IATTC Secretariat. If this regulation were delayed pending publication of a proposed rule and consideration of additional public comments, no time limits would be in place and therefore U.S. purse seine vessels might be disqualified by the IATTC Secretariat for issues related to the timing of the request. Additionally, this is a relatively minor procedural requirement that imposes a minimal regulatory burden.

List of Subjects in 50 CFR Part 300

Administrative practice and procedure, Fish, Fisheries, Fishing, Marine resources, Reporting and recordkeeping requirements, Treaties.

Dated: April 5, 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 300, subpart C, is amended as follows:

PART 300—INTERNATIONAL FISHERIES REGULATIONS Subpart C—Eastern Pacific Tuna Fisheries 1. The authority citation for 50 CFR part 300, subpart C, continues to read as follows: Authority:

16 U.S.C. 951 et seq.

2. In § 300.21, add a definition, in alphabetical order, for “Active FAD” and revise the definition for “Force majeure” to read as follows:
§ 300.21 Definitions.

Active FAD means a FAD that is equipped with gear capable of tracking location, such as radio or satellite buoys. A FAD with this equipment attached shall be considered an Active FAD unless/until the equipment is removed and the vessel owner or operator notifies the IATTC or HMS Branch that the FAD is no longer active (i.e., deactivated).

Force majeure means, for the purpose of § 300.25, a situation in which a vessel at sea, except while transiting between ports on a trip during which no fishing operations occur, is disabled by mechanical and/or structural failure, fire or explosion.

3. In § 300.22, the section heading and the heading for paragraph (a) are revised, add a heading for paragraph (a)(1), and paragraph (a)(3) is added to read as follows:
§ 300.22 Recordkeeping and reporting requirements.

(a) Logbooks and reporting on whale sharks and FADs—(1) Logbook reporting.* * *

(3) FAD data reporting for purse seine vessels—(i) Reporting on FAD interactions. U.S. vessel owners and operators must ensure that any interaction or activity with a FAD is reported using a standard format provided by the HMS Branch. The owner and operator shall ensure that the form is submitted within 30 days of each landing or transshipment of tuna or tuna-like species to the address specified by the HMS Branch.

(ii) Reporting on Active FADs. U.S. vessel owners and operators must record or maintain daily information on all Active FADs that have been deployed in the water in the IATTC Convention Area in the format and to the address provided by the HMS Branch. This information must be submitted for each calendar month no later than 90 days after the month covered by the report.

4. In § 300.24, revise paragraphs (m), (n), (ee), and (ff) and add paragraphs (kk) through (qq) to read as follows:
§ 300.24 Prohibitions.

(m) Fail to stow gear as required in § 300.25(a)(4)(iv) or (e)(6).

(n) Use a fishing vessel of class size 4-6 to fish with purse seine gear in the Convention Area in contravention of § 300.25(e)(1), (2), or (5).

(ee) Fail to ensure characters of a unique code are marked indelibly on a FAD deployed or modified on or after January 1, 2017, in accordance with § 300.28(a)(2).

(ff) Fail to record or report data on FADs as required in § 300.22(a)(3).

(kk) Activate the transmission equipment attached to a FAD in a location other than on a purse seine vessel at sea as required in § 300.28(b).

(ll) Fail to turn on the tracking equipment for an Active FAD before deploying at sea as required in § 300.28(b).

(mm) Deploy a FAD in the IATTC Convention Area that is not an Active FAD.

(nn) Have more Active FADs than specified in § 300.28(c) in the IATTC Convention Area at any one time.

(oo) Deploy a FAD in the IATTC Convention Area during a period of 15 days prior to the start of the selected closure period in contravention of § 300.28(d)(1).

(pp) Fail to timely remove from the water a number of FADs in the IATTC Convention Area equal to the number of FADs set upon by the vessel during the 15 days prior to the start of the selected closure period as required in § 300.28(d)(2).

(qq) Deploy, or have onboard a vessel, a FAD in the IATTC Convention Area that fails to comply with the FAD design requirements in § 300.28(e).

5. Amend § 300.25 by: a. Revising paragraphs (a)(1) and (2); b. Adding paragraph (a)(5); c. Revising paragraphs (e)(1) through (3), (e)(4) introductory text, and (e)(4)(ii); d. Adding paragraphs (e)(4)(iii) and (iv); e. Revising paragraphs (e)(5) and (6); and f. Removing paragraphs (e)(7), (h), and (i).

The addition and revisions read as follows:

§ 300.25 Fisheries management.

(a) * * *

(1) Fishing seasons for all tuna species begin on 0000 hours Coordinated Universal Time (UTC) January 1 and end either on 2400 hours UTC December 31 or when NMFS closes the fishery for a specific species.

(2) For the calendar years 2018, 2019, 2020, there is a limit of 750 metric tons of bigeye tuna that may be caught by longline gear in the Convention Area by U.S. commercial fishing vessels that are over 24 meters in overall length. The catch limit within a calendar year is subject to increase if the United States receives a transfer of catch limit from another IATTC member or cooperating non-member, per paragraph (a)(5) of this section.

(5) If the United States engages in a transfer of a bigeye tuna catch limit with another IATTC member or cooperating non-member, NMFS will publish a notice in the Federal Register announcing the new catch limit that is available to U.S. commercial fishing vessels that are over 24 meters in overall length. All restrictions described in paragraphs (a)(1) and (3) through (4) of this section will continue to apply.

(e) Purse seine closures. (1) 72-day closure. A commercial purse seine fishing vessel of the United States that is of class size 4-6 (more than 182 metric tons carrying capacity) may not be used to fish with purse seine gear in the Convention Area for 72 days in each of the years 2018, 2019, and 2020 during one of the following two periods:

(i) From 0000 hours Coordinated Universal Time (UTC) July 29, to 2400 hours UTC October 8, or

(ii) From 0000 hours UTC November 9 to 2400 hours UTC January 19 of the following year.

(2) Choice of closure period. A vessel owner, manager, or association representative of a vessel that is subject to the requirements of paragraph (e)(1) of this section must provide written notification to the Regional Administrator declaring to which one of the two closure periods identified in paragraph (e)(1) of this section his or her vessel will adhere in that year. This written notification must be submitted by fax at (562) 980-4047 or email at [email protected] and must be received no later than July 1 prior to the first closure period within a calendar year. The written notification must include the vessel name and registration number, the closure dates that will be adhered to by that vessel, and the vessel owner or managing owner's name, signature, business address, and business telephone number.

(3) Default closure period. If written notification is not submitted per paragraph (e)(2) of this section for a vessel subject to the requirements under paragraph (e)(1) of this section, that vessel must adhere to the second closure period under paragraph (e)(1)(ii) of this section.

(4) Request for exemption due to force majeure. A request for exemption due to force majeure must be made to the Sustainable Fisheries Division within 20 calendar days after the vessel has been unable to proceed to sea for 72 days by fax at (562) 980-4047 or emailed to [email protected] The request must include the name and official number of the vessel, vessel owner or manager's name and signature, and evidence to support the request, which may include but is not limited to photographs, repair bills, certificates of departure from port, and in the case of a marine casualty, a completed copy of the U.S. Coast Guard Form CG-2692A (See 46 CFR 4.05-10).

(ii) If the request for an exemption due to force majeure is accepted by the IATTC, the vessel must observe a closure period of 40 consecutive days in the same year during which the force majeure event occurred, in one of the two closure periods described in paragraph (e)(1) of this section.

(iii) If the request for an exemption due to force majeure is accepted by the IATTC and the vessel has already observed a closure period described in paragraph (e)(1) of this section in the same year during which the force majeure event occurred, the vessel must observe a closure period of 40 consecutive days the following year the force majeure event occurred, in one of the two closure periods described in paragraph (e)(1) of this section.

(iv) Any purse seine vessel, for which a force majeure request is accepted by the IATTC, must carry an observer aboard authorized pursuant to the International Agreement on the International Dolphin Conservation Program.

(5) 31-day area closure. A fishing vessel of the United States of class size 4-6 (more than 182 metric tons carrying capacity) may not be used from 0000 hours on October 9 to 2400 hours on November 8 in 2018, 2019, and 2020 to fish with purse seine gear within the area bounded at the east and west by 96° and 110° W longitude and bounded at the north and south by 4° N and 3° S latitude.

(6) Requirement to stow gear. At all times while a vessel is in a time/area closed period established under paragraphs (e)(1) or (5) of this section, unless fishing under the exception under paragraph (e)(4) of this section, the fishing gear of the vessel must be stowed in a manner as not to be readily available for fishing. In particular, the boom must be lowered as far as possible so that the vessel cannot be used for fishing, but so that the skiff is accessible for use in emergency situations; the helicopter, if any, must be tied down; and launches must be secured.

6. Add § 300.28 to subpart C to read as follows:
§ 300.28 FAD restrictions.

(a) FAD identification requirements for purse seine vessels. (1) For each FAD deployed or modified on or after January 1, 2017, in the IATTC Convention Area, the vessel owner or operator must either: obtain a unique code from HMS Branch; or use an existing unique identifier associated with the FAD (e.g., the manufacturer identification code for the attached buoy).

(2) U.S. purse seine vessel owners and operators shall ensure the characters of the unique code or unique identifier be marked indelibly at least five centimeters in height on the upper portion of the attached radio or satellite buoy in a location that does not cover the solar cells used to power the equipment. For FADs without attached radio or satellite buoys, the characters shall be on the uppermost or emergent top portion of the FAD. The vessel owner or operator shall ensure the marking is visible at all times during daylight. In circumstances where the on-board observer is unable to view the code, the captain or crew shall assist the observer (e.g., by providing the FAD identification code to the observer).

(b) Activating FADs for purse seine vessels. A vessel owner, operator, or crew shall deploy an Active FAD only while at sea and the tracking equipment must be turned on while the FAD is onboard the vessel and before being deployed in the water.

(c) Restrictions on Active FADs for purse seine vessels. U.S. vessel owners and operators of purse-seine vessels with the following well volume (m3) must not have more than the following number of Active FADs per vessel in the IATTC Convention Area at any one time:

Well volume
  • (m3)
  • Active FAD limit
    1,200 or more 450 426-1,199 300 213-425 120 0-212 70

    (d) Restrictions on FAD deployments and removals. (1) U.S. vessel owners, operators, and crew of purse seine vessels of class size 4-6 (more than 182 metric tons carrying capacity) must not deploy a FAD during a period of 15 days prior to the start of the selected closure period described in § 300.25(e)(1).

    (2) During the 15 days prior to the start of the closure period selected by the vessel per § 300.25(e)(1), U.S. vessel owners, operators, and crew of purse seine vessels of class size 6 (greater than 363 metric tons carrying capacity) must remove from the water a number of FADs equal to the number of FADs set upon by the vessel during that same 15 day period.

    (e) FAD design requirements to reduce entanglements. No later than January 1, 2019, all FADs onboard or deployed by U.S. vessel owners, operators, or crew, must comply with the following design requirements:

    (1) Raft. If the FAD design includes a covered raft (e.g., flat raft or rolls of material) and if mesh netting is used for the cover, the mesh netting shall be tightly wrapped around the entire raft such that no loose netting hangs below the FAD when deployed.

    (2) Subsurface. Any netting used in the subsurface structure of the FAD must be tightly tied into bundles (“sausages”).

    [FR Doc. 2018-07387 Filed 4-10-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 150309236-8327-02] RIN 0648-BE65 Fisheries of the Northeastern United States; Mid-Atlantic Fishery Management Council; Omnibus Acceptable Biological Catch Framework Adjustment AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    This action implements an Omnibus Framework Adjustment to the Mid-Atlantic Fishery Management Council's acceptable biological catch setting process, allows for adoption of peer-reviewed scientific information more quickly, and clarifies language in the Council's catch control rules. This action is necessary to provide an additional approach in catch setting that will help bring stability to quotas, ensure the best available scientific information is more readily available, and clarify existing control rule language. The intended effect of this action is to inform the public of these changes to the Council's catch setting control rules and process.

    DATES:

    This rule is effective May 11, 2018.

    ADDRESSES:

    Copies of the Council's Omnibus Acceptable Biological Catch Framework Adjustment and the accompanying environmental assessment (EA) are available on request from: Michael Pentony, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930.

    FOR FURTHER INFORMATION CONTACT:

    Erin Wilkinson, Fishery Management Specialist, (301) 427-8561.

    SUPPLEMENTARY INFORMATION: Background

    The Council is required to set annual catch limits (ACLs) that do not exceed the acceptable biological catch (ABC) recommendation of its Scientific and Statistical Committee (SSC) to prevent overfishing. ABCs represent an upper limit for the Council to use when setting catch limits. The 2011 ACL Omnibus Amendment final rule (76 FR 60606; September 29, 2011), put in place the Council's risk policy that provides guidance to the SSC on the Council's tolerance for overfishing risk. The policy also outlines risk tolerance for ensuring stocks under rebuilding plans achieve fishing mortality objectives.

    The Council's risk policy for setting ABCs states that for a typical species whose stock size is equal to or greater than a biomass target associated with maximum sustainable yield (BMSY), the acceptable probability of overfishing is 40 percent, i.e., if the fishery catches the ABC then there is a 60-percent probability of not overfishing. If the SSC determines that a species has an atypical life history, the Council requires at least a 65-percent chance of not overfishing to create a larger buffer when biomass is at or above BMSY. The SSC determines whether a stock is typical or atypical each time an ABC is recommended.

    For both typical and atypical species, the Council has specified that as stock size biomass (B) falls below the target BMSY, the probability of overfishing decreases, until the probability of overfishing hits zero when the stock is at 10 percent of the target BMSY. For a stock under a rebuilding plan, the probability of not exceeding the fishing mortality rate (F) within the specified timeframe must be at least 50 percent, unless this probability threshold is modified through a stock rebuilding plan.

    The fishery management plans (FMPs) managed by the Council all have provisions for setting specifications for multiple years (five years for dogfish and three years for all other species).

    Approved Measures Overfishing Probability Averaging

    When the SSC accepts assessment fishing mortality reference points, the average probability of overfishing (or achieving the target fishing mortality for rebuilding stocks) may be used consistent with the existing risk policy requirements. The constant, multi-year ABCs that would result must continue to meet the Council's risk policy goals, with the probability of overfishing not to exceed 50 percent in any given year. For stocks in a rebuilding plan, the probability of achieving the rebuilding fishery mortality must meet the risk policy objectives when constant, multi-year ABCs are recommended by the SSC.

    Averaged ABCs could be set at a constant level for up to five years for spiny dogfish and up to three years for all other species managed by the Council. The SSC may provide both variable, year-to-year and constant multi-year recommendations based on the average overfishing probability approach for the Council to consider. The SSC will continue to review fishery performance each year during multi-year specifications, regardless of which multi-year approach is used to determine ABCs. The multi-year averaging of ABCs will not apply to stocks that do not have a quantitative assessment to derive ABCs, or to stocks with an assessment that lacks information on the risk of overfishing.

    ABC Control Rule Assessment Level Designations

    In conjunction with this action, the Council developed and we approved some clarifying language describing its ABC control rule assessment level designations. These revisions are minor and intended to clarify the various components of the assessment levels used in the ABC control rules.

    Approved Biological Status Criteria

    This action provides notice of the administrative process the Council will use for incorporating the best scientific information available in the development of ABCs for the Atlantic Bluefish, Tilefish, and Atlantic Mackerel, Squid, and Butterfish FMPs. All other Mid-Atlantic FMPs already use this process. The best available science requirements dictate that the SSC use the accepted assessment information to set quotas under National Standard 2. The Council's SSC will utilize peer-reviewed biological reference points (overfishing level, biomass thresholds, etc.) and periodic updates to stock status determination criteria (i.e., biomass and fishing mortality reference points) to define ABCs, consistent with the Council's other FMPs and National Standards 1 and 2 of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This change in Council operations improves management efficiency by automatically incorporating new peer-reviewed status determination criteria instead of requiring a separate management action to adopt them within these three FMPs.

    Comments and Responses

    We received one comment on the proposed rule from the public. The commenter suggested clarifying language in the preamble of the proposed rule notice, describing the measures. We clarified the description of the measures in the preamble of this final rule.

    Changes From the Proposed Rule

    There are no changes from the proposed to final rule.

    Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that the management measures implemented in this final rule are necessary for the conservation and management of the Council's FMPs, and consistent with the Magnuson-Stevens Act, and other applicable law.

    This final rule has been determined to not be significant for purposes of Executive Order (E.O.) 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 rule 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, and the initial certification remains unchanged. As a result, a final regulatory flexibility analysis is not required and none has been prepared.

    List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 5, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is amended as follows:

    PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority:

    16 U.S.C. 1801 et seq.

    2. Section 648.20 is revised to read as follows:
    § 648.20 Mid-Atlantic Fishery Management Council Acceptable Biological Catch (ABC) control rules.

    The SSC shall review the following criteria, and any additional relevant information, to assign managed stocks to one of four types of control rules based on the species' assessments and its treatment of uncertainty when developing ABC recommendations. The SSC shall review the ABC control rule assignment for stocks each time an ABC is recommended. ABCs may be recommended for up to three years for all stocks, with the exception of five years for spiny dogfish. The SCC may specify constant, multi-year ABCs, derived from the average of ABCs (or average risk of overfishing) if the average probability of overfishing remains between zero and 40 percent, and does not exceed a 50-percent probability in any given year. The average ABCs may remain constant for up to three years for all stocks, with the exception of five years for spiny dogfish. The SSC may deviate from the control rule methods and recommend an ABC that differs from the result of the ABC control rule application; however, any such deviation must include the following: A description of why the deviation is warranted; description of the methods used to derive the alternative ABC; and an explanation of how the deviation is consistent with National Standard 2. The four types of ABC control rules are described below.

    (a) ABC control rule for a stock with an OFL probability distribution that is analytically-derived and accepted by the SSC. (1) The SSC determines that the assessment OFL and the assessment's treatment of uncertainty are acceptable, based on the following:

    (i) All important sources of scientific uncertainty are captured in the stock assessment model;

    (ii) The probability distribution of the OFL is calculated within the stock assessment and adequately describes the OFL uncertainty;

    (iii) The stock assessment model structure and treatment of the data prior to use in the model include relevant details of the biology of the stock, fisheries that exploit the stock, and data collection methods;

    (iv) The stock assessment provides the following estimates: Fishing mortality rate (F) at MSY or an acceptable proxy maximum fishing mortality threshold (MFMT) to define OFL, biomass, biological reference points, stock status, OFL, and the respective uncertainties associated with each value; and

    (v) No substantial retrospective patterns exist in the stock assessment estimates of fishing mortality, biomass, and recruitment.

    (2) An ABC for stocks with an accepted OFL probability distribution that is analytically-derived will be determined by applying the acceptable probability of overfishing from the MAFMC's risk policy found in § 648.21(a) through (d) to the probability distribution of the OFL.

    (b) ABC control rule for a stock with an OFL probability distribution that is modified by the assessment team and accepted by the SSC. (1) The SSC determines the assessment OFL is acceptable and the SSC accepts the assessment team's modifications to the analytically-derived OFL probability distribution, based on the following:

    (i) Key features of the stock biology, the fisheries that exploit it, and/or the data collection methods for stock information are missing from, or poorly estimated in, the stock assessment;

    (ii) The stock assessment provides reference points (which may be proxies), stock status, and uncertainties associated with each; however, the uncertainty is not fully promulgated through the stock assessment model and/or some important sources of uncertainty may be lacking;

    (iii) The stock assessment provides estimates of the precision of biomass, fishing mortality, and reference points;

    (iv) The accuracy of the minimum fishing mortality threshold and projected future biomass is estimated in the stock assessment using ad hoc methods; and

    (v) The modified OFL probability distribution provided by the assessment team acceptably addresses the uncertainty of the assessment.

    (2) An ABC for stocks with an OFL probability distribution that is modified by the assessment team and accepted by the SSC will be determined by applying the acceptable probability of overfishing from the MAFMC's risk policy found in § 648.21(a) through (d) to the probability distribution of the OFL as modified by the assessment team.

    (c) ABC control rule for a stock with an OFL probability distribution that is modified by the SSC. (1) The SSC determines the assessment OFL is acceptable but the SSC derives the appropriate uncertainty for OFL based on meta-analysis and other considerations. This requires the SSC to determine that the stock assessment does not contain an estimated probability distribution of OFL or the OFL probability distribution in the stock assessment is judged by the SSC to not adequately reflect uncertainty in the OFL estimate.

    (2) An ABC for stocks with an OFL probability distribution that is modified by the SSC will be determined by either:

    (i) Applying the acceptable probability of overfishing from the MAFMC's risk policy found in § 648.21(a) through (d) to the SSC-adjusted OFL probability distribution. The SSC will use default assignments of uncertainty in the adjusted OFL probability distribution based on literature review and valuation of control rule performance; or,

    (ii) If the SSC cannot develop an OFL probability distribution, a default control rule of 75 percent of the FMSY value will be applied to derive ABC.

    (d) ABC control rule for when an OFL cannot be specified. (1) The SSC determines that the OFL cannot be specified given the available information.

    (2) An ABC for stocks with an OFL that cannot be specified will be determined by using control rules based on biomass and catch history and application of the MAFMC's risk policy found in § 648.21(a) through (d).

    [FR Doc. 2018-07373 Filed 4-10-18; 8:45 am] BILLING CODE 3510-22-P
    83 70 Wednesday, April 11, 2018 Proposed Rules DEPARTMENT OF ENERGY 10 CFR Part 431 Appliance Standards and Rulemaking Federal Advisory Committee: Notification of Intent To Establish a Working Group for Variable Refrigerant Flow Multi-Split Air Conditioners and Heat Pumps To Negotiate a Notice of Proposed Rulemaking for Test Procedures and Energy Conservation Standards AGENCY:

    Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy.

    ACTION:

    Notification of intent and solicitation of nominations for membership.

    SUMMARY:

    The U.S. Department of Energy (DOE or the Department) is giving notice that DOE intends to establish a negotiated rulemaking working group under the Appliance Standards and Rulemaking Federal Advisory Committee (ASRAC) in accordance with the Federal Advisory Committee Act (FACA) and the Negotiated Rulemaking Act (NRA) to negotiate proposed test procedures and amended energy conservation standards for variable refrigerant flow multi-split air conditioners and heat pumps (VRF multi-split systems). The purpose of the working group will be to discuss and, if possible, reach consensus on a proposed rule regarding test procedures and energy conservation standards for VRF multi-split systems, as authorized by the Energy Policy and Conservation Act (EPCA) of 1975, as amended. The working group will consist of representatives of parties having a defined stake in the outcome of the proposed standards and/or test procedure, and will consult as appropriate with a range of experts on technical issues. DOE is hereby soliciting nominations for members of the VRF multi-split systems working group. Application packages should be submitted to DOE by April 26, 2018.

    DATES:

    Nominations of membership must be received on or before April 26, 2018. DOE will not consider any nominations received via mail or after midnight on April 26, 2018.

    ADDRESSES:

    The nominee's name, resume, biography, and any letters of support must be submitted in electronic format via email to [email protected] Any requests for further information should also be sent via email to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    John Cymbalsky, U.S. Department of Energy, Office of Building Technologies (EE-5B), 950 L'Enfant Plaza, SW, Washington, DC 20024. Phone: 202-287-1692. Email: [email protected]

    SUPPLEMENTARY INFORMATION: Preamble I. Authority II. Background III. Proposed Negotiating Procedures IV. Comments Requested V. Public Participation I. Authority

    DOE is announcing its intent to negotiate proposed test procedures and amended energy conservation standards for VRF multi-split systems under the authority of sections 563 and 564 of the NRA (5 U.S.C. 561-570, Pub. L. 104-320). The regulation of VRF multi-split systems standards that DOE is proposing to develop under a negotiated rulemaking will be developed under the authority of EPCA, as amended, 42 U.S.C. 6311(1) and 42 U.S.C. 6291 et seq.

    II. Background

    On January 10, 2018, the ASRAC met and made a recommendation to form a VRF multi-split systems subcommittee to meet, discuss, and, if possible, reach consensus on a proposed rule for the test procedures and energy efficiency standards for VRFs. For purposes of this document, the ASRAC subcommittee at issue will be referred to as the “working group.” As required by the NRA, DOE is giving notice that it is establishing a working group under ASRAC to discuss proposed amended test procedures and energy efficiency requirements for VRF multi-split systems. The working group will be established and function as a subcommittee of ASRAC in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C., App. 2.

    A. Negotiated Rulemaking

    DOE is supporting the use of the negotiated rulemaking process to discuss and develop proposed test procedures and amended energy conservation standards for VRF multi-split systems. The primary reason for using the negotiated rulemaking process for this equipment is that stakeholders strongly support a consensual rulemaking effort. DOE believes such a regulatory negotiation process will be less adversarial and better suited to resolving complex technical issues. An important virtue of negotiated rulemaking is that it allows expert dialog that is much better than traditional techniques at getting the facts and issues right and will result in a proposed rule that will effectively reflect Congressional intent.

    A regulatory negotiation will enable DOE to engage in direct and sustained dialog with informed, interested, and affected parties when drafting the regulation, rather than obtaining input during a public comment period after developing and publishing a proposed rule. A rule drafted by negotiation with informed and affected parties is expected to be potentially more pragmatic and more easily implemented than a rule arising from the traditional process. Such rulemaking improvement is likely to provide the public with the full benefits of the rule while minimizing the potential negative impact of a proposed regulation conceived or drafted without the full prior input of outside knowledgeable parties. Because a negotiating working group includes representatives from the major stakeholder groups, including consumers, affected by or interested in the rule, the number of public comments on the proposed rule may be decreased. DOE anticipates that there will be a need for fewer substantive changes to a proposed rule developed under a regulatory negotiation process prior to the publication of a final rule.

    B. The Concept of Negotiated Rulemaking

    Usually, DOE develops a proposed rulemaking using Department staff and consultant resources. Congress noted in the NRA, however, that regulatory development may “discourage the affected parties from meeting and communicating with each other, and may cause parties with different interests to assume conflicting and antagonistic positions.” (5 U.S.C. 561(2)(2)) Congress also stated that “adversarial rulemaking deprives the affected parties and the public of the benefits of face-to-face negotiations and cooperation in developing and reaching agreement on a rule. It also deprives them of the benefits of shared information, knowledge, expertise, and technical abilities possessed by the affected parties.” (5 U.S.C. 561(2)(3))

    Using negotiated rulemaking to develop a proposed rule differs fundamentally from the Department centered process. In negotiated rulemaking, a proposed rule is developed by an advisory committee or a working group established by the advisory committee, composed of members chosen to represent the various interests that will be significantly affected by the rule. The goal of the advisory committee or its working group is to reach consensus on the treatment of the major issues involved with the rule. The process starts with the Department's careful identification of all interests potentially affected by the rulemaking under consideration. To help with this identification, the Department publishes a notification of intent such as this one in the Federal Register, identifying a preliminary list of interested parties and requesting public comment on that list. Following receipt of comments, the Department establishes an advisory committee or advisory committee working group representing the full range of stakeholders to negotiate a consensus on the terms of a proposed rule. Representation on the advisory committee or its working group may be direct; that is, each member may represent a specific interest, or may be indirect, such as through trade associations and/or similarly-situated parties with common interests. The Department especially seeks membership from consumers or consumer groups that will be impacted by any potential negotiated energy conservation standard. The Department is a member of the advisory committee or working group and represents the Federal government's interests. The advisory committee or working group chair is assisted by a neutral mediator who facilitates the negotiation process. The role of the mediator, also called a facilitator, is to apply proven consensus-building techniques to the advisory committee or working group process.

    If the advisory committee itself is undertaking the negotiation, once the committee reaches consensus on the provisions of a proposed rule and recommends such consensus to the Department, the Department, consistent with its legal obligations, may use such consensus as the basis of its proposed rule, which then is published in the Federal Register. If a working group of the advisory committee is undertaking the negotiation, once the working group reaches consensus on the provisions of a proposed rule, a recommendation is made to the advisory committee. The advisory committee may then, consistent with its legal obligations, use such consensus as the basis for making a recommendation to the Department of a proposed rule. The Department, consistent with its legal obligations, may use such consensus as the basis of its proposed rule, which then is published in the Federal Register. This publication provides the required public notice and provides for a public comment period. Other participants and other interested parties retain their rights to comment, participate in an informal hearing (if requested), and request judicial review. DOE anticipates, however, that the pre-proposal consensus recommended by the advisory committee will narrow any issues in the subsequent rulemaking.

    C. Proposed Rulemaking for Test Procedures and Energy Conservation Standards Regarding VRF Multi-Split Systems

    The NRA enables DOE to establish an advisory committee or a working group under the advisory committee if it is determined that the use of the negotiated rulemaking process is in the public interest. DOE intends to develop Federal regulations that build on the depth of experience accrued in both the public and private sectors in implementing standards and programs.

    DOE has determined that the regulatory negotiation process will provide for obtaining a diverse array of in-depth input, as well as an opportunity for increased collaborative discussion from both private-sector stakeholders and government officials who are familiar with energy efficiency of VRF multi-split systems.

    D. Department Commitment

    In initiating this regulatory negotiation process to develop test procedures and amended energy conservation standards for VRF multi-split systems, DOE is making a commitment to provide adequate resources to facilitate timely and successful completion of the process. This commitment includes making the process a priority activity for all representatives, components, officials, and personnel of the Department who need to be involved in the rulemaking, from the time of initiation until such time as a final rule is issued or the process is expressly terminated. DOE will provide administrative support for the process and will take steps to ensure that the advisory committee or its working group has the dedicated resources it requires to complete its work in a timely fashion. Specifically, DOE will make available the following support services: Properly equipped space adequate for public meetings and caucuses; logistical support; word processing and distribution of background information; the service of a facilitator; and such additional research and other technical assistance as may be necessary. All meetings will provide an opportunity for all members of the working group and other interested parties to participate by webinar. While DOE strongly encourages members to participate in person, DOE realizes that travel costs may prohibit in-person attendance. Prospective members, therefore, should not allow travel costs to affect their decision to apply for membership.

    To the maximum extent possible consistent with the legal obligations of the Department, DOE will use the consensus of the advisory committee as the basis for the rule the Department proposes for public notice and comment.

    E. Negotiating Consensus

    As discussed, the negotiated rulemaking process differs fundamentally from the usual process for developing a proposed rule. Negotiation enables interested and affected parties to discuss various approaches to issues rather than asking them only to respond to a proposal developed by the Department. The negotiation process involves a mutual education of the various parties on the practical concerns about the impact of standards. Each advisory committee or working group member participates in resolving the interests and concerns of other members, rather than leaving it up to DOE to evaluate and incorporate different points of view.

    A key principle of negotiated rulemaking is that agreement is by consensus of all the interests. Thus, no one interest or group of interests is able to control the process. The NRA defines consensus as the unanimous concurrence among interests represented on a negotiated rulemaking committee or working group, unless the advisory committee or its working group itself unanimously agrees to use a different definition. 5 U.S.C. 562. In addition, experience has demonstrated that using a trained mediator to facilitate this process will assist all parties, including DOE, in identifying their real interests in the rule, and thus will enable parties to focus on and resolve the important issues.

    III. Proposed Negotiating Procedures A. Key Issues for Negotiation

    The following issues and concerns will underlie the work of the Negotiated Rulemaking Committee on Variable Refrigerant Flow Multi-Split Systems Energy Conservation Standards:

    • Test procedures for VRF multi-split systems; and

    • Energy Conservation Standards for VRF multi-split systems.

    To examine the underlying issues outlined above, and others not yet articulated, all parties in the negotiation will need DOE to provide data and an analytic framework complete and accurate enough to support their deliberations. DOE`s analyses must be adequate to inform a prospective negotiation. Prior to the commencement of the working group, DOE expects to publish a notice of data availability (NODA) which discusses the results of DOE's analysis of the energy savings potential of amended energy conservation standards for VRF multi-split systems. DOE also expects to publish a technical support document and analytical tools along with the NODA. Working Groups members should review the associated materials before each meeting.

    B. Formation of Working Group

    A working group will be formed and operated in full compliance with the requirements of FACA and in a manner consistent with the requirements of the NRA. DOE has determined that the working group shall not exceed 25 members. The Department believes that more than 25 members would make it difficult to conduct effective negotiations. DOE is aware that there may be many more potential participants than there are membership slots on the working group. The Department does not believe, nor does the NRA contemplate, that each potentially affected group must participate directly in the negotiations; nevertheless, each affected interest can be adequately represented. To have a successful negotiation, it is important for interested parties to identify and form coalitions that adequately represent significantly affected interests. To provide adequate representation, those coalitions must agree to support, both financially and technically, a member of the working group whom they choose to represent their interests. DOE is especially interested in representation by consumers of VRF multi-split systems since any potential energy conservation standard may impact this stakeholder group. Consumers of VRFs may include, but are not limited to, commercial building owners, commercial heating, ventilation, and air-conditioning architects, or commercial building tenants that pay utility bills.

    DOE recognizes that when it establishes energy efficiency standards and test procedures for residential products and commercial equipment, various segments of society may be affected in different ways, in some cases producing unique “interests” in a proposed rule based on income, gender, or other factors. The Department will pay attention to providing that any unique interests that have been identified, and that may be significantly affected by the proposed rule, are represented. Per the ASRAC charter, the Assistant Secretary for Energy Efficiency and Renewable Energy or his designee, in consultation with the ASRAC Chair, appoints ASRAC subcommittee (working group) chairs.

    FACA also requires that members of the public have the opportunity to attend meetings of the full committee and speak or otherwise address the committee during the public comment period. In addition, any member of the public is permitted to file a written statement with the advisory committee. DOE plans to adhere to these requirements in the conduct of the working group.

    C. Interests Involved/Working Group Membership

    DOE anticipates that the working group will comprise no more than 25 members who represent affected and interested stakeholder groups, at least one of whom must be a member of the ASRAC. As required by FACA, the Department will select members for the working group with particular attention to ensuring full and balanced representation of those interests that may be significantly affected by the proposed rule amending standards for VRF multi-split systems. Section 562 of the NRA defines the term “interest” as “with respect to an issue or matter, multiple parties which have a similar point of view or which are likely to be affected in a similar manner.” Listed below are parties the Department to date has identified as being “significantly affected” by a proposed rule regarding the energy efficiency of VRF multi-split systems.

    • The Department of Energy • States • Manufacturers of VRF multi-split systems • Trade Associations representing manufacturers, installers, and distributors of VRF multi-split systems • Heating and Cooling System Designers and Engineers • Component manufacturers and related suppliers • Utilities • Energy efficiency/environmental advocacy groups • Commercial Building Owners • Commercial Building Tenants

    One purpose of this notification of intent is to determine whether Federal regulations for VRF multi-split systems will significantly affect interests that are not listed above. DOE invites comment and suggestions on its initial list of significantly affected interests and encourages all interested parties and interests to apply for the working group.

    Members may be individuals or organizations. If the effort is to be fruitful, participants on the working group should be able to fully and adequately represent the viewpoints of their respective interests. This document gives notice of DOE's process to other potential participants and affords them the opportunity to request representation in the negotiations. Those who wish to nominate members to the working group, should submit an application package to DOE, in accordance with the public participation procedures outlined in the DATES and ADDRESSES sections of this notification of intent. Qualified individuals can self-nominate or be nominated by any individual or organization. Nominators should submit an application package which includes:

    • The nominee's current resume or curriculum vitae and contact information, including mailing address, email address, and telephone number;

    • A letter of interest, which includes:

    ○ A summary of how the nominee's experience and expertise would support the working group's objectives;

    ○ The interest the nominee would represent in the working group; and

    ○ A description of other assets (such as data or modeling tools) the nominee could provide to support the working group's objectives.

    Membership of the working group is likely to involve:

    • Attendance (in person preferable) at approximately ten (10), one (1)- to two (2)-day meetings (with the potential for two (2) additional one (1)- or two (2)-day meetings);

    • Travel costs to those meetings, if participating in person; and

    • Preparation time for those meetings.

    Members serving on the working group will not receive compensation for their services. Interested parties who are not selected for membership on the working group may make valuable contributions to this negotiated rulemaking effort in any of the following ways:

    • The person may request to be placed on the working group mailing list and submit written comments as appropriate.

    • The person may attend working group meetings, which are open to the public; caucus with his or her interest's member on the working group; or even address the working group during the public comment portion of the working group meeting.

    • The person could assist the efforts of a workgroup that the working group might establish.

    A working group may establish informal workgroups, which usually are asked to facilitate committee deliberations by assisting with various technical matters (e.g., researching or preparing summaries of the technical literature or comments on specific matters such as economic issues). Workgroups also might assist in estimating costs or drafting regulatory text on issues associated with the analysis of the costs and benefits addressed, or formulating drafts of the various provisions and their justifications as previously developed by the working group. Given their support function, workgroups usually consist of participants who have expertise or particular interest in the technical matter(s) being studied. Because it recognizes the importance of this support work for the working group, DOE will provide appropriate technical expertise for such workgroups. Such workgroups will provide their work product and/or recommendations only to the working group.

    D. Good Faith Negotiation

    Every working group member must be willing to negotiate in good faith and have the authority, granted by his or her constituency, to do so. The first step is to ensure that each member has good communications with his or her constituencies. An intra-interest network of communication should be established to bring information from the support organization to the member at the table, and to take information from the table back to the support organization. Second, each organization or coalition therefore should designate as its representative a person having the credibility and authority to ensure that needed information is provided and decisions are made in a timely fashion. Negotiated rulemaking can require the appointed members to give a significant sustained time commitment for as long as the duration of the negotiated rulemaking. Other qualities of members that can be helpful are negotiating experience and skills, familiarity with using VRF multi-split systems as a consumer, and/or sufficient technical knowledge to participate in substantive negotiations.

    Certain concepts are central to negotiating in good faith. One is the willingness to bring all issues to the bargaining table in an attempt to reach a consensus, as opposed to keeping key issues in reserve. The second is a willingness to keep the issues at the table and not take them to other forums. Finally, good faith includes a willingness to move away from some of the positions often taken in a more traditional rulemaking process, and instead explore openly with other parties all ideas that may emerge from the working group's discussions.

    E. Facilitator

    The facilitator will act as a neutral in the substantive development of the proposed standard. Rather, the facilitator's role generally includes:

    • Impartially assisting the members of the working group in conducting discussions and negotiations; and

    • Impartially assisting in performing the duties of the Designated Federal Official under FACA.

    F. Department Representative

    The DOE representative will be a full and active participant in the consensus building negotiations. The Department's representative will meet regularly with senior Department officials, briefing them on the negotiations and receiving their suggestions and advice so that he or she can effectively represent the Department's views regarding the issues before the working group. DOE's representative also will ensure that the entire spectrum of governmental interests affected by the standards rulemaking, including the Office of Management and Budget, the Attorney General, and other Departmental offices, are kept informed of the negotiations and encouraged to make their concerns known in a timely fashion.

    G. Working Group and Schedule

    After evaluating the comments submitted in response to this notification of intent and the requests for nominations, DOE will either inform the members of the working group that they have been selected or determine that conducting a negotiated rulemaking is inappropriate.

    The working group is expected to make a concerted effort to negotiate its first term sheet on test procedures and its second term sheet on energy conservation standards within six (6) months of its first meeting. The working group's negotiations will take place around two discrete tasks. The test procedure term sheet, if completed, is to be approved by the working group and transmitted to ASRAC prior to commencement of negotiations regarding the energy conservation standards. At the completion of the negotiations for each discrete tasks, the term sheet, if completed, will be presented to ASRAC at an open meeting for their deliberation and decision on whether or not to approve it and submit it to DOE as a formal recommendation.

    DOE will advise working group members of administrative matters related to the functions of the working group before beginning. While the negotiated rulemaking process is underway, DOE is committed to performing much of the same analysis as it would during a normal standards rulemaking process and to providing information and technical support to the working group.

    IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notification of intent.

    Issued in Washington, DC, on April 5, 2018. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency and Renewable Energy.
    [FR Doc. 2018-07487 Filed 4-10-18; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0286; Product Identifier 2018-CE-008-AD] RIN 2120-AA64 Airworthiness Directives; Pacific Aerospace Limited Airplanes AGENCY:

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

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Pacific Aerospace Limited Model 750XL airplanes. This proposed AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as airplane sound insulation materials attached to the aft face of the firewall not complying with the applicable burn testing criteria for materials on the cabin side of the firewall. We are issuing this proposed AD to require actions to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by May 29, 2018.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Fax: (202) 493-2251.

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

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

    For service information identified in this proposed AD, contact Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; phone: +64 7843 6144; fax: +64 843 6134; email: [email protected]; internet: www.aerospace.co.nz. You may review this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0286; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (telephone (800) 647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0286; Product Identifier 2018-CE-008-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those comments.

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

    Discussion

    The Civil Aviation Authority of New Zealand (CAA), has issued DCA/750XL/27A, dated March 1, 2018 (referred to after this as “the MCAI”), to correct an unsafe condition for Pacific Aerospace Limited Model 750XL airplanes. The MCAI states:

    The sound insulation material on the aft face of the firewall must comply with the applicable burn test criteria specified in FAR 23.853(f).

    Inspect the aft face of the firewall and determine if sound insulation material is installed per the instructions in Pacific Aerospace Mandatory Service Bulletin (MSB) PACSB/XL/095 issue 1, dated 21 December 2017, or later approved revision.

    If a layer of black foam insulating material is found covering the firewall, then remove the material per the instructions in MSB PACSB/XL/095 before further flight.

    You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0286. Related Service Information Under 1 CFR Part 51

    Pacific Aerospace Limited has issued Pacific Aerospace Service Bulletin PACSB/XL/095, Issue 1, dated December 21, 2017. The service information describes procedures for inspection of the airplane sound insulation attached to the aft face of the firewall and removal if necessary. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination and Requirements of the Proposed AD

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

    Costs of Compliance

    We estimate that this proposed AD will affect 22 products of U.S. registry. We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this proposed AD. The average labor rate is $85 per work-hour.

    Based on these figures, we estimate the cost of the proposed AD on U.S. operators to be $1,870, or $85 per product.

    In addition, we estimate that any necessary follow-on actions would take about 8 work-hours, for a cost of $680 per product. We have no way of determining the number of products that may need these actions.

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

    For the reasons discussed above, I certify this proposed regulation:

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new AD: Pacific Aerospace Limited: Docket No. FAA-2018-0286; Product Identifier 2018-CE-008-AD. (a) Comments Due Date

    We must receive comments by May 29, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Pacific Aerospace Limited Model 750XL airplanes, all serial numbers up to and including 215, certificated in any category.

    (d) Subject

    Air Transport Association of America (ATA) Code 54: Nacelles/Pylons.

    (e) Reason

    This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and address an unsafe condition on an aviation product. The MCAI describes the unsafe condition as airplane sound insulation materials attached to the aft face of the firewall not complying with the applicable burn testing criteria for materials on the cabin side of the firewall. We are issuing this AD to prevent the spread of fire into the cabin in case of an engine fire.

    (f) Actions and Compliance

    Unless already done, do the following actions in paragraphs (f)(1) and (2) of this AD:

    (1) Within the next 90 days after the effective date of this AD, inspect the aft face of the firewall and determine if the sound insulation material is installed per the Inspection Instructions in Pacific Aerospace Service Bulletin PACSB/XL/095, Issue 1, dated December 21, 2017.

    (2) If a layer of black foam insulating material is found covering the firewall during the inspection required in paragraph (f)(1) of this AD, before further flight, remove the material per the Accomplishment Instructions in Pacific Aerospace Service Bulletin PACSB/XL/095, Issue 1, dated December 21, 2017.

    (g) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

    (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, Small Airplane Standards Branch, FAA; or the Civil Aviation Authority of New Zealand (CAA).

    (h) Related Information

    Refer to MCAI CAA AD DCA/750XL/27A, dated March 1, 2018; and Pacific Aerospace Service Bulletin PACSB/XL/095, Issue 1, dated December 21, 2017, for related information. You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0286. For service information related to this AD, contact Pacific Aerospace Limited, Airport Road, Hamilton, Private Bag 3027, Hamilton 3240, New Zealand; phone: +64 7843 6144; fax: +64 843 6134; email: pac[email protected]; internet: www.aerospace.co.nz. You may review this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    Issued in Kansas City, Missouri, on April 4, 2018. Melvin J. Johnson, Deputy Director, Policy & Innovation Division, Aircraft Certification Service.
    [FR Doc. 2018-07433 Filed 4-10-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1206; Product Identifier 2017-NE-42-AD] RIN 2120-AA64 Airworthiness Directives; Pratt & Whitney AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for all Pratt & Whitney (PW) PW2037, PW2037M, and PW2040 turbofan engines. This proposed AD was prompted by an uncommanded high thrust event that occurred during approach on January 16, 2016, and during landing on April 6, 2016. This proposed AD would require removal of the metering valve pilot valve (MVPV) within certain fuel control units (FCUs) and the MVPV's replacement with a part eligible for installation. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by May 29, 2018.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

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

    For service information identified in this NPRM, contact Pratt & Whitney Division, 400 Main St., East Hartford, CT 06118; phone: 800-565-0140; fax: 860-565-5442. You may view this service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7759.

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1206; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is listed above. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Kevin M. Clark, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7088; fax: 781-238-7199; email: [email protected].

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA- 2017-1206; Product Identifier 2017-NE-42-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM because of those comments.

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

    Discussion

    We received reports of an uncommanded high thrust event that occurred during approach on January 16, 2016, and during landing on April 6, 2016, due to loosening of the MVPV end cap. These uncommanded events were associated with improper maintenance on the MVPV within certain FCUs. This proposed AD would require removal of the MVPV for certain FCUs. This condition, if not addressed, could result in failure of the FCU, loss of engine thrust control, and reduced control of the airplane.

    Related Service Information Under 1 CFR Part 51

    We reviewed PW Alert Service Bulletin (ASB) PW2000 A73-172, dated October 16, 2017. The ASB describes procedures for replacement of the MVPV for certain FCUs. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would require replacement of the MVPV for certain FCU serial numbers, except as discussed under “Differences Between this Proposed AD and the Service Information.”

    Differences Between This Proposed AD and the Service Information

    PW ASB PW2000 A73-172, dated October 16, 2017, specifies installation of a new UTC Aerospace Systems MVPV in certain FCUs. This AD sets forth an option to repair a MVPV to be installed in certain FCUs according to the criteria listed in paragraph h(2)(ii) of this AD.

    Costs of Compliance

    We estimate that this proposed AD affects 212 engines installed on airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Remove and replace MVPV $0 $12,000 $12,000 $2,544,000
    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

    For the reasons discussed above, I certify this proposed regulation:

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Pratt & Whitney: Docket No. FAA-2017-1206; Product Identifier 2017-NE-42-AD. (a) Comments Due Date

    We must receive comments by May 29, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all Pratt & Whitney (PW) PW2037, PW2037M, and PW2040 turbofan engines with JFC104-1 fuel control units (FCUs) with serial numbers listed in the Accomplishment Instructions, Table 1, of PW Alert Service Bulletin PW2000 A73-172, dated October 16, 2017.

    (d) Subject

    Joint Aircraft System Component (JASC) Code 7321, Fuel Control/Turbine Engines.

    (e) Unsafe Condition

    This AD was prompted by an uncommanded high thrust event that occurred during approach on January 16, 2016, and during landing on April 6, 2016. We are issuing this AD to prevent failure of the end cap to remain taut, causing uncommanded higher fuel flow to the engine. The unsafe condition, if not addressed, could result in failure of the FCU, loss of engine thrust control and reduced control of the airplane.

    (f) Compliance

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

    (g) Required Actions

    Remove from service the metering valve pilot valve (MVPV) from the FCU at the next FCU overhaul after the effective date of the AD and replace the MVPV with a part eligible for installation.

    (h) Definitions

    (1) For the purpose of this AD, an FCU overhaul is defined as the removal of the FCU from the engine and induction of the FCU into a FCU shop that can perform these procedures regardless of the scheduled maintenance action or the reason for the FCU removal.

    (2) For the purpose of this AD, a part eligible for installation is one of the following:

    (i) A zero time MVPV, or

    (ii) An MVPV repaired by a method approved by the FAA that includes an end plug with tamper proof features.

    (i) Installation Prohibition

    After the effective date of this AD, do not install any MVPV removed in accordance with paragraph (g) unless it has been repaired per paragraph (h)(2)(ii) of this AD.

    (j) Alternative Methods of Compliance (AMOCs)

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

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

    (k) Related Information

    (1) For more information about this AD, contact Kevin M. Clark, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7088; fax: 781-238-7199; email: [email protected]

    (2) For service information identified in this AD, contact Pratt & Whitney Division, 400 Main St., East Hartford, CT 06118; phone: 800-565-0140; fax: 860-565-5442. You may view this referenced service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7759.

    Issued in Burlington, Massachusetts, on April 5, 2018. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2018-07413 Filed 4-10-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-1013; Airspace Docket No. 17-AWP-12] Proposed Establishment of the Hawaiian Islands High and the Hawaiian Islands Low Offshore Airspace Areas; Hawaii. AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to establish the Hawaiian High and Hawaiian Low Offshore airspace area. The proposed action would establish Class A airspace extending upward from 18,000 feet mean sea level (MSL) to and including flight level (FL) 600; and Class E airspace, extending upward from 1,200 feet MSL to and including 17,999 feet MSL around the Hawaiian Islands. The FAA is proposing this action to provide additional airspace within which domestic air traffic control (ATC) procedures would be used. Establishment of the Class A and Class E airspaces would enhance the management of air traffic operations and result in more efficient use of that airspace.

    DATES:

    Comments must be received on or before May 29, 2018.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; telephone: 1 (800) 647-5527, or (202) 366-9826. You must identify FAA Docket Number FAA-2017-1013 and Airspace Docket Number 17-AWP-12 at the beginning of your comments. You may also submit comments through the internet at http://www.regulations.gov.

    FAA Order 7400.11B, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783. The Order is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11B at NARA, call (202) 741-6030, or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

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

    FOR FURTHER INFORMATION CONTACT:

    Kenneth Ready, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would support offshore airspace areas around the Hawaiian Islands, and apply domestic air traffic control procedures.

    Comments Invited

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

    Communications should identify both docket numbers (FAA Docket Number FAA-2017-1013 and Airspace Docket Number 17-AWP-12) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the internet at http://www.regulations.gov.

    Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket Number FAA-2017-1013 and Airspace Docket Number 17-AWP-12.” The postcard will be date/time stamped and returned to the commenter.

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

    Availability of NPRM's

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

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see “ADDRESSES” section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Western Service Center, Operations Support Group, Federal Aviation Administration, 1601 Lind Ave. SW, Renton, WA 98057.

    Availability and Summary of Documents for Incorporation by Reference

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

    Background

    The existing airspace configuration is not consistent with the domestic airspace established throughout the rest of the United States and does not meet the uniform international standards and recommended practices, as promulgated by the International Civil Aviation Organization (ICAO). The area controlled by Honolulu Control Facility (HCF) is within Oakland Oceanic Control Area/Flight Information Region (CTA/FIR) Boundary. The provision of ATC services is delegated by Oakland Air Route Traffic Control Center (ZOA) to HCF to provide flight information and alerting service within this area. Currently, HCF has Domestic Class E airspace out to 100 miles around the Hawaiian Islands. Due to the incorrect airspace designations, HCF is providing domestic IFR separation services within HCF airspace 1,200 feet MSL up to FL 600, inclusive, and in international airspace without a designated offshore airspace area. The absence of Class E and Class A airspace to the boundary of HCF's delegated airspace where ATC has radar and radio navigational signal coverage is inconsistent with the CFRs and will be corrected with this proposed rule. Under a separate rulemaking action, domestic airspace will be amended out to the 12 nautical miles limit surrounding the Hawaiian Islands. Additionally, the establishment of the high and low Offshore Airspace Areas will extend beyond the 12 NM limit to the boundary of the HCF delegated airspace.

    The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to establish the Hawaiian Islands High and the Hawaiian Islands Low Offshore airspace areas. The proposed area would consist of Class A airspace, extending upward from 18,000 MSL up to and including FL 600, and Class E airspace, extending upward from 1,200 feet MSL up to and including 17,999 feet MSL within HCF's designated airspace around the Hawaiian Islands. This action would facilitate the application of domestic ATC procedures within that airspace, thereby enhancing the flow of air traffic and increasing system capacity. In addition, this action would enhance safety by providing for the positive control of all aircraft operating in the area. The proposed action would also support the development of a more efficient route system and would enable airspace classification and ATC separation procedures to be consistently applied around the Hawaiian Islands. Finally, the proposed modification would establish the same classification and operating rules that currently apply in adjacent airspace.

    Class A and E Offshore airspace area designations are published in paragraph 2003 and 6007 respectively, in FAA Order 7400.11B, dated August 3, 2017, and effective September 15, 2017, which is incorporated by reference in 14 CFR 71.1. The offshore airspace area designations listed in this document will be published subsequently in the Order.

    ICAO Considerations

    As part of this proposal relates to navigable airspace outside the United States, this notice is submitted in accordance with the ICAO International Standards and Recommended Practices. Article 12 to the Chicago Convention provides that over the high seas the rules inforce shall be those established under the convention. The application of International Standards and Recommended Practices by the FAA, Office of Airspace Services, in areas outside United States domestic airspace, is governed by Annexes 2 (Rule of the Air) and 11 (Air Traffic Services) to the Convention on International Civil Aviation, which pertain to the establishment of necessary air navigational facilities and services to promote the safe, orderly, and expeditious flow of civil air traffic. The purpose of Article 12 and Annex 11 is to ensure that civil aircraft operations on international air routes are performed under uniform conditions. The International Standards and Recommended Practices in Annex 11 apply to airspace under the jurisdiction of a contracting state, derived from ICAO. Annex 11 provisions apply when air traffic services are provided and a contracting state accepts the responsibility of providing air traffic services over high seas or in airspace of undetermined sovereignty. A contracting State accepting this responsibility may apply the International Standards and Recommended Practices that are consistent with standards and practices utilized in its domestic jurisdiction. In accordance with Article 3 of the Convention, State-owned aircraft are exempt from the Standards and Recommended Practices of Annex 11. The United States is a contracting State to the Convention. Article 3(d) of the Convention provides that participating state aircraft will be operated in international airspace with due regard for the safety of civil aircraft. Since this action involves, in part, the designation of navigable airspace outside the United States, the Administrator is consulting with the Secretary of State and the Secretary of Defense in accordance with the provisions of Executive Order 10854.

    Regulatory Notices and Analyses

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

    Environmental Review

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

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017 and effective September 15, 2017, is amended as follows: Paragraph 2003 Offshore Airspace Areas Hawaiian Islands High [New]

    That airspace extending upward from 18,000 feet MSL to and including FL 600 within the area bounded by a line beginning at lat. 24°43′17″ N, long. 155°15′47″ W; to lat. 24°17′45″ N, long. 154°15′00″ W; to lat. 23°46′50″ N, long. 153°21′58″ W; to lat. 23°01′27″ N, long. 152°34′40″ W; to lat. 22°20′39″ N, long. 151°53′07″ W; to lat. 21°32′52″ N, long. 151°27′59″ W; to lat. 20°41′49″ N, long. 151°01′09″ W; to lat. 19°41′47″ N, long. 150°30′11″ W; to lat. 19°13′22″ N, long. 151°52′46″ W; to lat. 19°08′32″ N, long. 154°29′00″ W; to lat. 18°06′32″ N, long. 155°42′42″ W; to lat. 17°48′18″ N, long. 156°04′05″ W; to lat. 17°10′14″ N, long. 156°48′21″ W; to lat. 17°10′14″ N, long. 157°45′24″ W; to lat. 17°13′28″ N, long. 158°15′04″ W; to lat. 17°45′21″ N, long. 159°32′20″ W; to lat. 18°03′09″ N, long. 160°16′11″ W; to lat. 18°24′28″ N, long. 160°48′51″ W; to lat. 19°24′54″ N, long. 162°23′01″ W; to lat. 19°39′29″ N, long. 162°41′58″ W; to lat. 20°07′00″ N, long. 163°18′00″ W; to lat. 21°09′04″ N, long. 163°54′52″ W; to lat. 22°12′20″ N, long. 163°54′52″ W; to lat. 23°15′30″ N, long. 163°51′18″ W; to lat. 24°10′08″ N, long. 163°15′59″ W; to lat. 25°03′24″ N, long. 162°38′59″ W; to lat. 25°40′34″ N, long. 161°41′28″ W; to lat. 26°06′18″ N, long. 160°37′54″ W; to lat. 26°08′41″ N, long. 158°37′19″ W; thence to the point of beginning, excluding that airspace within 12 miles of the shoreline of the State of Hawaii.

    Paragraph 6007 Offshore Airspace Areas Hawaiian Islands Low [New]

    That airspace extending upward from 1,200 feet MSL within the area bounded by a line beginning at lat. 19°10′04″ N, long. 153°39′43″ W; to lat. 19°08′32″ N, long. 154°29′00″ W; to lat. 19°07′10″ N, long. 155°13′34″ W; to lat. 18°45′39″ N, long. 155°35′36″ W; to lat. 18°40′54″ N, long. 156°05′48″ W; to lat. 19°24′23″ N, long. 158°36′11″ W; to lat. 20°18′00″ N, long. 160°46′52″ W; to lat. 20°49′07″ N, long. 161°33′17″ W; to lat. 21°40′37″ N, long. 161°54′48″ W; to lat. 22°31′49″ N, long. 161°55′19″ W; to lat. 23°26′57″ N, long. 161°31′39″ W; to lat. 23°57′27″ N, long. 160°54′00″ W; to lat. 24°18′03″ N, long. 159°50′09″ W; to lat. 24°10′39″ N, long. 158°54′47″ W; to lat. 23°47′34″ N, long. 158°11′12″ W; to lat. 23°30′03″ N, long. 157°29′36″ W; to lat. 23°19′54″ N, long. 156°45′02″ W; to lat. 23°13′26″ N, long. 155°42′39″ W; to lat. 22°54′59″ N, long. 154°55′06″ W; to lat. 22°28′14″ N, long. 154°19′27″ W; to lat. 21°45′08″ N, long. 153°49′50″ W; to lat. 21°02′31″ N, long. 153°38′56″ W; thence to the point of beginning, excluding that airspace within 12 miles of the shoreline of the State of Hawaii. That airspace extending upward from 5,500 feet MSL within the area bounded by a line beginning at lat. 19°11′37″ N, long. 152°50′00″ W; to lat. 19°08′32″ N, long. 154°29′00″ W; to lat. 17°48′59″ N, long. 156°03′17″ W; to lat. 18°28′58″ N, long. 157°59′36″ W; to lat. 19°03′34″ N, long. 159°48′11″ W; to lat. 19°29′40″ N, long. 160°47′02″ W; to lat. 20°00′46″ N, long. 161°44′53″ W, to lat. 20°50′35″ N, long. 162°23′01″ W; to lat. 21°50′15″ N, long. 162°44′13″ W; to lat. 22°52′38″ N, long. 162°38′25″ W; to lat. 23°55′59″ N, long. 162°08′09″ W, to lat. 24°43′41″ N, long. 161°12′18″ W; to lat. 25°00′33″ N, long. 159°50′17″ W; to lat. 24°50′45″ N, long. 158°32′32″ W; to lat. 24°19′39″ N, long. 157°32′31″ W; to lat. 23°59′14″ N, long. 156°28′23″ W; to lat. 23°53′49″ N, long. 155°25′33″ W; to lat. 23°24′55″ N, long. 154°15′20″ W; to lat. 22°41′48″ N, long. 153°28′59″ W; to lat. 21°45′32″ N, long. 152°58′57″ W; to lat. 20°35′50″ N, long. 152°48′18″ W; thence to the point of beginning, excluding that airspace within 12 miles of the shoreline of the State of Hawaii. That airspace upward from 10,000 feet MSL within the area bounded by a line beginning at lat. 19°12′44″ N, long. 152°12′34″ W; to lat. 19°08′32″ N, long. 154°29′00″ W; to lat. 17°20′23″ N, long. 156°36′33″ W; to lat. 18°33′07″ N, long. 159°55′59″ W; to lat. 19°03′09″ N, long. 161°10′15″ W; to lat. 19°31′51″ N, long. 162°00′41″ W; to lat. 20°11′04″ N, long. 162°40′05″ W; to lat. 20°58′47″ N, long. 163°04′59″ W; to lat. 21°56′05″ N, long. 163°19′16″ W; to lat. 22°54′36″ N, long. 163°13′18″ W; to lat. 23°36′43″ N, long. 162°58′50″ W; to lat. 24°30′39″ N, long. 162°32′55″ W; to lat. 25°07′02″ N, long. 161°36′02″ W; to lat. 25°33′41″ N, long. 160°06′39″ W; to lat. 25°27′34″ N, long. 158°34′55″ W; to lat. 24°43′37″ N, long. 156°56′38″ W; to lat. 24°30′12″ N, long. 155°51′07″ W; to lat. 24°16′10″ N, long. 154°47′02″ W; to lat. 23°53′14″ N, long. 153°57′47″ W; to lat. 23°14′36″ N, long. 153°08′32″ W; to lat. 22°20′47″ N, long. 152°35′51″ W; to lat. 21°12′25″ N, long. 152°13′34″ W; to lat. 20°33′20″ N, long. 152°11′55″ W; thence to the point of beginning, excluding that airspace within 12 miles of the shoreline of the State of Hawaii.

    Issued in Washington, DC, on April 4, 2018. Rodger A. Dean Jr., Manager, Airspace Policy Group.
    [FR Doc. 2018-07384 Filed 4-10-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 658 [FHWA Docket No. FHWA-2018-0016] RIN 2125-AF82 Addition to the National Network AGENCY:

    Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT).

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The FHWA is proposing to approve the addition of Sheridan Boulevard (NY 895) to the National Network (NN) and to revise its regulations to reflect the addition. The facility currently known as “Interstate-895 Sheridan Expressway” in New York City, located in Bronx County, will be reconstructed, removed from the National System of Interstate and Defense Highways (Interstate System) to accommodate new design features, and classified as an “Urban Principal Arterial—Other.” This facility will be identified as the “Sheridan Boulevard (NY 895).”

    DATES:

    Comments must be received on or before April 23, 2018.

    ADDRESSES:

    Mail or hand deliver comments to Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590, submit comments electronically at http://www.regulations.gov.

    All comments should include the docket number that appears in the heading of this document. All comments received will be available for examination and copying at the above address from 9 a.m. to 5 p.m., e.t., Monday through Friday, except Federal holidays. Those desiring notifications of receipt of comments must include a self-addressed, stamped postcard or may print the acknowledgment page that appears after submitting comments electronically. Anyone can search the electronic form of all comments in any one of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, or labor union). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000, (Volume 65, Number 70, Pages 19477-78) or you may visit http://DocketsInfo.dot.gov.

    FOR FURTHER INFORMATION CONTACT:

    For technical information, contact Ms. Crystal Jones, FHWA Office of Freight Management and Operations, (202) 366-2976. For legal information, contact Mr. William Winne, Office of Chief Counsel, (202) 366-1397. Federal Highway Administration, 1200 New Jersey Avenue SE, Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, except Federal holidays.

    SUPPLEMENTARY INFORMATION:

    Electronic Access and Filing

    You may submit or retrieve comments online through the Federal eRulemaking portal at www.regulations.gov. It is available 24 hours each day, 365 days each year. Please follow the instructions online for more information and help.

    An electronic copy of this document may also be downloaded by accessing the Office of the Federal Register's home page at: http://www.archives.gov and the Government Publishing Office's web page at: http://www.access.thefederalregister.org/nara.

    Background

    The NN consists of Interstate System routes (except exempted routes) and those non-Interstate System routes added through the rulemaking process. See 49 U.S.C. 31111(e)-(f) and 31113(e); 23 CFR 658 Appendix A; see also 49 FR 23302 (June 5, 1984). To ensure that the NN remains substantially intact, FHWA retains the authority to rule upon all requests for additions to and deletions from the NN as well as requests for the imposition of certain restrictions. Pursuant to 23 CFR 658.11, requests for additions to the NN must be submitted in writing to the appropriate FHWA Division Office and endorsed by the Governor or the Governor's authorized representative. Proposals for addition of routes to the NN must also be accompanied by an analysis of suitability based on the criteria in 23 CFR 658.9. Once a non-Interstate System route is added to the NN, it is included in Appendix A of 23 CFR part 658—National Network—Federally Designated Routes.

    On November 10, 2017, FHWA received a request from the New York State Department of Transportation (NYSDOT) proposing a modification to the Interstate System. The request, available in the rulemaking docket, proposes the de-designation (removal from the Interstate System) of the Sheridan Expressway (I-895), approximately a 1.3-mile Interstate between the Bruckner Expressway (I-278) and the Cross Bronx Expressway (I-95). As part of the de-designation, the State also proposes the functional reclassification of this highway segment from an Interstate to “Urban Principal Arterial—Other” and to rename the road Sheridan Boulevard (NY-895). The physical alignment of the highway would be maintained and it would therefore continue to provide the same access for commercial vehicles as currently exists. The FHWA intends to act on this request pursuant to its regulatory authority on revisions to the Interstate System (23 CFR 470.115(a) and 23 CFR 658.11(d)) and guidance on Interstate System de-designations (https://www.fhwa.dot.gov/planning/national_highway_system/interstate_highway_system/withdrawalqa.cfm).

    The NYSDOT intends to keep Sheridan Boulevard (NY-895) in the NN. Because the route would no longer be in the Interstate System, it must be added to NN as a non-Interstate System route and be listed in 23 CFR 658 Appendix A. The NYSDOT proposal included the required analysis of suitability based on the criteria in 23 CFR 658.9, which includes a crash analysis and safety study, and also documents effects on Interstate commerce, effects on alternate routes, effects on traffic operations, and consultation with local governments.

    The FHWA reviewed NYSDOT's proposal and affirms that the request to add a route to the NN is consistent with 23 CFR 658.9 and 658.11 with respect to the criteria for the NN and the procedures for additions to the NN. In this Notice of Proposal Rulemaking, FHWA is proposing to approve the addition of Sheridan Boulevard (NY 895) to the NN and to revise existing regulations (23 CFR 658 Appendix A) to reflect the addition.

    Rulemaking Analyses and Notices

    As the Sheridan Expressway is already part of the NN due to its Interstate designation, FHWA has determined there would be no substantive impact to the public resulting from the addition of the reconstructed facility, Sheridan Boulevard, to the NN.

    Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs), Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures

    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). The FHWA has determined preliminarily that this action is not a significant regulatory action within the meaning of Executive Order 12866 and is not significant within the meaning of DOT regulatory policies and procedures. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. It is anticipated that the economic impact of this rulemaking would be minimal. These changes would not adversely affect, in a material way, any sector of the economy. In addition, these changes would not interfere with any action taken or planned by another agency and would not materially alter the budgetary impact of any entitlements, grants, user fees, or loan programs. Consequently, a full regulatory evaluation is not required. Finally, this proposed rule is not an E.O. 13771 regulatory action because it is not significant under E.O. 12866.

    Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 60l-612) the FHWA has evaluated the effects of this action on small entities and has determined that the action would not have a significant economic impact on a substantial number of small entities. “Small entities” include small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations under 50,000. This action does not affect any funding distributed under any of the programs administered by FHWA. For these reasons, FHWA certifies that this action would not have a significant economic impact on a substantial number of small entities.

    Unfunded Mandates Reform Act of 1995

    This rule would not impose unfunded mandates as defined by the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48). This proposed rule would not result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $148.1 million or more in any one year (2 U.S.C. 1532). Further, in compliance with the Unfunded Mandates Reform Act of 1995, the agencies will evaluate any regulatory action that might be proposed in subsequent stages of the proceeding to assess the effects on State, local, and Tribal governments and the private sector.

    Executive Order 13132 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and criteria contained in Executive Order 13132, and FHWA has determined that this action would not have sufficient federalism implications to warrant the preparation of a federalism assessment. The FHWA has also determined that this action would not preempt any State law or State regulation or affect the States' ability to discharge traditional State governmental functions.

    Executive Order 13211 (Energy Effects)

    We have analyzed this action under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use, dated May 18, 2001. We have determined that it is not a significant energy action under that order since it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, a Statement of Energy Effects is not required.

    Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.

    Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501), Federal agencies must obtain approval from the Office of Management and Budget for each collection of information they conduct, sponsor, or require through regulations. The FHWA has determined that this rule does not contain collection of information requirements for the purposes of the PRA.

    Executive Order 12988 (Civil Justice Reform)

    This action meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden.

    Executive Order 13045 (Protection of Children)

    The FHWA has analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. The FHWA certifies that this action would not cause any environmental risk to health or safety that might disproportionately affect children.

    Executive Order 12630 (Taking of Private Property)

    The FHWA has analyzed this rule under Executive Order 12630, Governmental Actions and Interface with Constitutionally Protected Property Rights. The FHWA does not anticipate that this action would affect a taking of private property or otherwise have taking implications under Executive Order 12630.

    National Environmental Policy Act

    The Agency has analyzed this action for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has determined that this action would not have any effect on the quality of the environment.

    Regulation Identification Number

    A regulation identification number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document can be used to cross reference this action with the Unified Agenda.

    List of Subjects in 23 CFR Part 658

    Grants Program—transportation, Highways and roads, Motor carriers.

    Issued on: April 6, 2018. Brandye L. Hendrickson, Acting Administrator, Federal Highway Administration.

    In consideration of the foregoing, the FHWA proposes to amend 23 CFR part 658, as set forth below:

    PART 658—TRUCK SIZE AND WEIGHT, ROUTE DESIGNATIONS—LENGTH, WIDTH AND WEIGHT LIMITATIONS 1. The authority citation for part 658 continues to read as follows: Authority:

    23 U.S.C. 127 and 315; 49 U.S.C. 31111, 31112, and 31114; sec. 347, Pub. L. 108-7, 117 Stat. 419; sec. 756, Pub. L. 109-59, 119 Stat. 1219; sec. 115, Pub. L. 109-115, 119 Stat. 2408; 49 CFR 1.48(b)(19) and (c)(19).

    2. Amend Appendix A to Part 658 by adding an entry to the New York portion of the table: Appendix A to Part 658—National Network—Federally—Designated Routes Route From To New York *         *         *         *         *         *         * Sheridan Boulevard (NY 895) I-278 Bruckner Expressway I-95 Cross Bronx Expressway. *         *         *         *         *         *         *
    [FR Doc. 2018-07480 Filed 4-10-18; 8:45 am] BILLING CODE 4910-22-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2017-0143; FRL-9976-50-Region 7] Air Plan Approval; Iowa; Amendment to the Administrative Consent Order, Grain Processing Corporation, Muscatine, Iowa; Proposal AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for the State of Iowa to incorporate an amendment to the Administrative Consent Order (ACO) for Grain Processing Corporation (GPC), Muscatine, Iowa. The revision amends the ACO to change the date for completion of performance testing from May 31, 2017, to May 31, 2018, to allow the state more time to complete the remaining air construction permit applications submitted by GPC, and to specify testing requirements as appropriate in the final permits. When the state submitted the request to amend the ACO, twelve of the 107 permits were incomplete. At this time, only two permits have not been issued by the State. The air quality in Muscatine, Iowa, has not been adversely impacted by the remaining pending permit approvals. This revision will not impact the schedule for installation and operation of control equipment, will not alter any other compliance dates, and will not adversely affect air quality in Muscatine, Iowa, as explained in the revised Technical Support Document that is part of this docket.

    This proposal will also address adverse comments submitted to the docket.

    DATES:

    Comments must be received on or before May 11, 2018.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-R07-OAR-2017-0143 to https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document “we,” “us,” and “our” refer to EPA. This section provides additional information by addressing the following:

    I. Background II. What is being addressed in this document? III. Have the requirements for approval of a SIP revision been met? IV. EPA's Response to Comment V. What action is EPA taking? VI. Incorporation by Reference VII. Statutory and Executive Order Reviews I. Background

    On August 25, 2017, EPA proposed to approve a revision to the Iowa State Implementation Plan (SIP) which amended the Administrative Consent Order (ACO) for Grain Processing Corporation (GPC), Muscatine, Iowa. The revision amended the ACO to change the date for completion of performance testing from May 31, 2017, to May 31, 2018, to allow the state more time to complete processing the remaining air construction permit applications submitted by GPC, and to specify testing requirements as appropriate in the remaining final permits. See 82 FR 40519. In conjunction with the August 25, 2017 notice of proposed rulemaking (NPR), EPA issued a direct final rule (DFR) approving the amended ACO. See 82 FR 40491. In the DFR, EPA stated that if adverse comments were submitted to EPA by September 25, 2017, the action would be withdrawn and not take effect. EPA received an adverse comment prior to the close of the comment period. EPA withdrew the DFR on October 12, 2017. See 82 FR 47396.

    This proposal will also address adverse comments submitted to the docket.

    II. What is being addressed in this document?

    This proposed revision to the Iowa State Implementation Plan (SIP) will incorporate an amendment to the Administrative Consent Order (ACO) with Grain Processing Corporation (GPC), Muscatine, Iowa. The revision changes the date for completion of performance testing from May 31, 2017, to May 31, 2018, to allow the state more time to complete processing the remaining air construction permit applications submitted by GPC, and to specify testing requirements as appropriate in the remaining final permits. This amendment will not impact the schedule for installation and operation of control equipment, will not alter any other compliance dates, and will not adversely affect air quality in the Muscatine, Iowa, area as explained in the Technical Support Document that is part of this docket.

    This proposal will also address adverse comments submitted to the docket.

    III. Have the requirements for approval of a SIP revision been met?

    The state submission has met the public notice requirements for SIP submissions in accordance with 40 CFR 51.102. The state instituted a 30-day comment period; no comments were received. The submission also satisfied the completeness criteria of 40 CFR part 51, appendix V. In addition, as explained above and in more detail in the revised Technical Support Document which is part of this docket, the revision meets the substantive SIP requirements of the Clean Air Act (CAA), including section 110 and implementing regulations.

    IV. EPA's Response to Comment

    The public comment period for EPA's proposed rule opened August 25, 2017, the date of its publication in the Federal Register, and closed on September 25, 2017. During this period, EPA received an adverse comment. The adverse comment and EPA's response is as follows:

    Comment 1: The commenter first stated that the TSD was not available in the docket. The TSD was not available in the docket when the proposal and direct final notices were published on Friday, August 25, 2017.

    Response 1: The TSD was made publicly available on Monday, August 28, 2017 which was one business day. EPA did not grant an extended comment period as suggested by the commenter. When the TSD was available in the docket, no additional comments were received through the end of the comment period (September 25, 2017). However, because the TSD was not publicly available on the date the notice was published, this proposal allows for additional comment.

    Comment 2: The commenter stated that granting an extension for GPC to perform testing may cause a violation of emission limits, which could cause a delay in issuing permits, and therefore cause additional air pollution that would have an adverse impact on air quality in Muscatine, Iowa.

    Response 2: The amendment to the ACO which provides a one-year extension on performance tests, only affects two of the total of 107 required permits. The remaining 105 permits have already been issued by the State. This ACO revision does not delay or allow an extension of the requirements for implementation of the control measures required by the ACO. GPC is still required to conduct the performance testing; the deadline is merely adjusted for the two outstanding permits. The permits that have been finalized, including the permit that allowed the facility to convert from burning coal to natural gas, have resulted in improved air quality in Muscatine, Iowa. There have been no exceedances of the 2006 24-hour NAAQS for fine particulate matter with a diameter of PM2.5 since July 2015, before the natural gas conversion.

    The complete and quality assured ambient air quality monitoring data for the area shows that the area has, and continues to attain the NAAQS. Background information with regard to air quality in Muscatine, Iowa, as well as design values of air monitors are included in the revised TSD, included in this docket.

    V. What action is EPA taking?

    EPA is proposing to approve a SIP revision submitted by the State of Iowa to incorporate an amendment to the Administrative Consent Order (ACO) with Grain Processing Corporation (GPC), Muscatine, Iowa. EPA is also responding to comments received in the docket, and by responding to comments provides additional information with regard to the remaining permits to be finalized by the State of Iowa. A revised TSD is included as part of this docket to support the revision to the ACO.

    We are processing this as a proposed action because we are soliciting comments. Final rulemaking will occur after consideration of any comments.

    VI. Incorporation by Reference

    In this action, 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 Iowa's EPA-approved State source-specific permits described in the direct final amendments to 40 CFR part 52 set forth below. EPA has made, and will continue to make, these materials generally available through https://www.regulations.gov and at the EPA Region 7 Office (please contact the person identified in the For Further Information Contact section of this preamble for more information).

    Therefore, these materials have been approved by EPA for inclusion in the State Implementation Plan, have been incorporated by reference by EPA into that plan, are fully Federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.1

    1 62 FR 27968 (May 22, 1997).

    VII. Statutory and Executive Order Reviews

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

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

    • 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).

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

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

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 11, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)).

    List of Subjects in 40 CFR Part 52

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

    Dated: March 27, 2018. Karen A. Flournoy, Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 40 CFR part 52 as set forth below:

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

    42 U.S.C. 7401 et seq.

    Subpart Q—Iowa 2. Section 52.820 paragraph(d) is amended by revising the entry “(29) Grain Processing Corporation” to read as follows:
    § 52.820 Identification of plan.

    (d)* * *

    EPA-Approved Iowa Source-Specific Orders/Permits Name of source Order/Permit No. State effective date EPA approval date Explanation *         *         *         *         *         *         * (29) Grain Processing Corporation Administrative Consent Order No. 2014-AQ-A1 1-16-17 12/1/14, 79 FR 71025; amendment approved [date of final publication in the Federal Register], [final Federal Register citation] The last sentence of Paragraph 5, Section III and Section VI are not approved by EPA as part of the SIP. *         *         *         *         *         *         *
    [FR Doc. 2018-07218 Filed 4-10-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA-HQ-OPP-2017-0006; FRL-9975-57] Receipt of Several Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of filing of petitions and request for comment.

    SUMMARY:

    This document announces the Agency's receipt of several initial filings of pesticide petitions requesting the establishment or modification of regulations for residues of pesticide chemicals in or on various commodities.

    DATES:

    Comments must be received on or before May 11, 2018.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number and the pesticide petition number (PP) of interest as shown in the body of this document, by one of the following methods:

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

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

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

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

    FOR FURTHER INFORMATION CONTACT:

    Robert McNally, Biopesticides and Pollution Prevention Division (BPPD) (7511P), main telephone number: (703) 305-7090, email address: [email protected]; or Michael Goodis, Registration Division (RD) (7505P), main telephone number: (703) 305-7090, email address: [email protected] The mailing address for each contact person is: Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. As part of the mailing address, include the contact person's name, division, and mail code. The division to contact is listed at the end of each pesticide petition summary.

    SUPPLEMENTARY INFORMATION:

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

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

    • Crop production (NAICS code 111).

    • Animal production (NAICS code 112).

    • Food manufacturing (NAICS code 311).

    • Pesticide manufacturing (NAICS code 32532).

    If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT for the division listed at the end of the pesticide petition summary of interest.

    B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

    2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

    3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low-income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, the Agency seeks information on any groups or segments of the population who, as a result of their location, cultural practices, or other factors, may have atypical or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticides discussed in this document, compared to the general population.

    II. What action is the Agency taking?

    EPA is announcing its receipt of several pesticide petitions filed under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, requesting the establishment or modification of regulations in 40 CFR part 180 for residues of pesticide chemicals in or on various food commodities. The Agency is taking public comment on the requests before responding to the petitioners. EPA is not proposing any particular action at this time. EPA has determined that the pesticide petitions described in this document contain the data or information prescribed in FFDCA section 408(d)(2), 21 U.S.C. 346a(d)(2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the pesticide petitions. After considering the public comments, EPA intends to evaluate whether and what action may be warranted. Additional data may be needed before EPA can make a final determination on these pesticide petitions.

    Pursuant to 40 CFR 180.7(f), a summary of each of the petitions that are the subject of this document, prepared by the petitioner, is included in a docket EPA has created for each rulemaking. The docket for each of the petitions is available at http://www.regulations.gov.

    As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is publishing notice of the petitions so that the public has an opportunity to comment on these requests for the establishment or modification of regulations for residues of pesticides in or on food commodities. Further information on the petitions may be obtained through the petition summaries referenced in this unit.

    New Tolerance Exemptions for Inerts (Except PIPS)

    1. PP IN-11074. (EPA-HQ-OPP-2018-0032). Spring Trading Company, 203 Dogwood Trail, Magnolia, TX 77354, on behalf of Clariant Corporation, Clariant Plastics & Coatings, (Deutschland) GmbH, Bruningstrasse 50, 65929 Frankfurt am Main, Germany, requests to establish an exemption from the requirement of a tolerance for residues of rice bran wax (CAS Reg. No. 1883583-80-9) when used as an inert ingredient in pesticide formulations under 40 CFR 180.910, 180.930, and 180.940(a). The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD.

    2. PP IN-11075. (EPA-HQ-OPP-2018-0091). ADAMA Agan, Ltd., c/o Makhteshim Agan of North America, Inc., 3120 Highwoods Blvd., Suite 100, Raleigh NC, requests to establish an exemption from the requirement of a tolerance for residues of calcium formate; (CAS Reg. No. 544-17-2) when used as an inert ingredient (carrier) in pesticide formulations applied to growing crops under 40 CFR 180.920. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD.

    3. PP IN-11083. (EPA-HQ-OPP-2018-0089). Morse Enterprises Limited, Inc., d/b/a KeyPlex, P.O. Box 2515, Winter Park, FL 32790, requests to establish an exemption from the requirement of a tolerance for residues of α-terpineol (CAS Reg. No. 98-55-5) when used as an inert ingredient (solvent) in pesticide formulations applied to growing crops under 40 CFR 180.920. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD.

    4. PP IN-11093. (EPA-HQ-OPP-2018-0090). Morse Enterprises Limited Inc. d/b/a KeyPlex, P.O. Box 2515, Winter Park, FL 32790, requests to establish an exemption from the requirement of a tolerance for residues of trans-anethole (CAS Reg. No. 4180-23-8) when used as an inert ingredient (fragrance) in pesticide formulations applied to growing crops under 40 CFR 180.920. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD.

    5. PP IN-11112. (EPA-HQ-OPP-2018-0071). SciReg, Inc., 12733 Director's Loop, Woodbridge, VA 22192, on behalf of Solvay USA Inc., 504 Carnegie Center Princeton, NJ 08540, requests to establish an exemption from the requirement of a tolerance for residues for oxirane, 2-methyl-, polymer with oxirane, mono[2-[2-(2-methoxymethylethoxy)methylethoxy]methylether] ether (CAS Reg. No. 2112825-11-1) with a minimum number average molecular weight (in amu) of 10,000 Daltons, when used as an inert ingredient in pesticide formulations under 40 CFR 180.960. The petitioner believes no analytical method is needed because it is not required for an exemption from the requirement of a tolerance. Contact: RD.

    New Tolerance Exemptions for Non-Inerts (Except PIPS)

    1. PP 7F8626. (EPA-HQ-OPP-2018-0070). Ecolab, Inc., 1 Ecolab Place, St. Paul, MN 55102, requests to establish an exemption from the requirement of a tolerance in 40 CFR part 180 for residues of the antimicrobial pesticide C10-C16 Alkylbenzene Sulfonates in or on food contact surfaces in public eating places, dairy processing equipment, and food processing equipment and utensils up to a maximum of 700 ppm when ready for use, in the end-use concentration. The petitioner believes no analytical method is needed because an exemption from the requirement of a tolerance is being proposed. Contact: AD.

    2. PP 7F8655. (EPA-HQ-OPP-2018-0092). Clarke Mosquito Control Products, Inc., 675 Sidwell Ct., St. Charles, IL 60174, requests to establish an exemption from the requirement of a tolerance in 40 CFR part 180 for residues of the insecticide l-carvone in or on all raw agricultural commodities. The petitioner believes no analytical method is needed because residues of this chemical are not expected on food commodities due to the ultra-low application rates and the volatile nature of the chemical, which has a vapor pressure of 24.37 Pascals at 25°C and falls into the category of “intermediate to high volatility under field conditions.” Contact: BPPD.

    New Tolerances for Non-Inerts

    1. PP 7E8636. (EPA-HQ-OPP-2018-0037). Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish a tolerance in 40 CFR part 180 for residues of the insecticide avermectin B1 (a mixture of avermectins containing greater than or equal to 80% avermectin B1a (5-O-demethyl avermectin A1) and less than or equal to 20% avermectin B1b (5-O-demethyl-25-de(1-methylpropyl)-25-(1-methylethyl) avermectin A1)) in or on the raw agricultural commodity tea at 1 parts per million (ppm). The analytical methods involve homogenization, filtration, partition, and cleanup with analysis by high performance liquid chromatography (HPLC)-fluorescence detection. Contact: RD.

    2. PP 7E8637. (EPA-HQ-OPP-2018-0037). Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro, NC 27419, requests to establish a tolerance in 40 CFR part 180 for residues of the insecticide avermectin B1 (a mixture of avermectins containing greater than or equal to 80% avermectin B1a (5-O-demethyl avermectin A1) and less than or equal to 20% avermectin B1b (5-O-demethyl-25-de(1-methylpropyl)-25-(1-methylethyl) avermectin A1)) in or on the raw agricultural commodity banana at 0.002 parts per million (ppm). The analytical methods involve homogenization, filtration, partition, and cleanup with analysis by high performance liquid chromatography (HPLC)-fluorescence detection. Contact: RD.

    3. PP 7E8656. (EPA-HQ-OPP-2018-0047). Bayer CropScience, 2 T.W. Alexander Drive, Research Triangle Park, NC 27709, requests to establish a tolerance in 40 CFR part 180 for residues of the fungicide isotianil, 3,4-dichloro-2′-cyano-1,2-thiazole-5-carboxanilide in or on banana, fruit at 0.01 parts per million (ppm). The analytical method involves solvent extraction, purification through a Chromabond XTR cartridge (diatomaceous earth) column, and addition of a mixture of stable, isotopically labelled internal standards. Quantitation is by high performance liquid chromatography-electrospray ionization/tandem mass spectrometry (HPLC/MS/MS). Contact: RD.

    4. PP 7F8572. (EPA-HQ-OPP-2017-0510). FMC Corporation, 2929 Walnut Street, Philadelphia, PA 19104, requests to establish a tolerance in 40 CFR part 180 for residues of the herbicide pethoxamid in or on corn, field, forage at 0.015 parts per million (ppm); corn, field, stover at 0.02 ppm; corn, field, grain at 0.01 ppm; popcorn, stover at 0.01 ppm; popcorn, grain at 0.01 ppm; corn, sweet, forage at 0.50 ppm; corn, sweet, stover at 0.60 ppm; corn, sweet, kernel plus cobb with husk removed at 0.01 ppm; cotton, undelinted seed at 0.01 ppm; cotton, gin byproducts at 0.09 ppm; soybean, forage at 3.0 ppm; soybean, hay at 4.5 ppm; and soybean, seed at 0.01 ppm. An LC-MS/MS method is used to measure and evaluate the chemical pethoxamid. Contact: RD.

    5. PP 7F8622. (EPA-HQ-OPP-2017-0694). DuPont Crop Protection, Stine-Haskell Research Center, P.O. Box 30, Newark, DE 19714-0030, requests to establish a tolerance in 40 CFR part 180 for residues of the insecticide, cyantraniliprole, in or on rice, hulls at 0.05 parts per million (ppm), rice, straw at 0.015 ppm, soybean, forage at 15 ppm, soybean, hay at 50 ppm, soybean, seed at 0.4 ppm, soybean, hulls at 1 ppm, and aspirated grain fractions at 200 ppm. Upon approval of the proposed tolerances in soybean forage and hay, it is proposed that the existing tolerances for indirect or inadvertent residues in soybean forage and hay be cancelled. In addition, DuPont Crop Protection requests to amend the tolerance(s) in 40 CFR.672, in or on rice, grain at 0.02 ppm by replacing an existing tolerance at the same level that is only for imported grain with a tolerance supporting both domestic production and imported grain. The high-pressure liquid chromatography with ESI- MS/MS detection is used to measure and evaluate the chemical. Contact: RD.

    Authority:

    21 U.S.C. 346a.

    Dated: March 20, 2018. Delores Barber, Director, Information Technology and Resources Management Division, Office of Pesticide Programs.
    [FR Doc. 2018-07516 Filed 4-10-18; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [GN Docket No. 18-22; FCC 18-18] Encouraging the Provision of New Technologies and Services to the Public; Correction AGENCY:

    Federal Communications Commission.

    ACTION:

    Proposed rule; correction.

    SUMMARY:

    This document corrects the preamble to a proposed rule published in the Federal Register on April 4, 2018 regarding the Provision of New Technologies and Services to the Public. The comment periods in the DATES section of the proposed rule published on April 4, 2018, inaccurately reflected a 30-day comment period and 45-day reply comment period, instead of the 45-day comment period, 75-day reply comment deadline stated in the proposed rule. Any comments made before this correction is published will be considered.

    DATES:

    Comments are due on or before May 21, 2018; reply comments are due on or before June 20, 2018.

    ADDRESSES:

    You may submit comments, identified by GN Docket No. 18-22, by any of the following methods:

    Federal Communications Commission's website: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.

    Mail: Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail (although the Commission continues to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

    People With Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: [email protected] or phone: (202) 418-0530 or TTY: (202) 418-0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    For additional information, contact Paul Murray, of the Office of Engineering and Technology, (202) 418-0688, [email protected].

    Correction: In the Federal Register of April 4, 2018, in FR Doc.2018-06741, on page 14395, in the first column, correct the “Dates” caption to read:

    DATES:

    Comments are due on or before May 21, 2018; reply comments are due on or before June 20, 2018.

    Dated: April 4, 2018.

    Federal Communications Commission

    Katura Jackson, Federal Register Liaison Officer Office of the Secretary.
    [FR Doc. 2018-07369 Filed 4-10-18; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket Nos. 18-63, 17-105; FCC 18-34] Streamlined Reauthorization Procedures for Assigned or Transferred Television Satellite Stations; Modernization of Media Regulation Initiative AGENCY:

    Federal Communications Commission.

    ACTION:

    Proposed rule.

    SUMMARY:

    In this document, the Federal Communications Commission (Commission) proposes to streamline the process for reauthorizing television satellite stations when they are assigned or transferred in combination with their previously approved parent station. This document continues the Commission's efforts to modernize its regulations and reduce unnecessary requirements that can impede competition and innovation in the media marketplace.

    DATES:

    Comments are due on or before May 11, 2018 and reply comments are due on or before May 29, 2018.

    ADDRESSES:

    Interested parties may submit comments and replies, identified by MB Docket Nos 18-63, 17-105, by any of the following methods:

    Federal Communications Commission's website: http://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting comments.

    Mail: Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

    People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: [email protected] or phone: 202-418-0530 or TTY: 202-418-0432.

    For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Julie Salovaara, Industry Analysis Division, Media Bureau, FCC, at [email protected] or (202) 418-2330.

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's Notice of Proposed Rulemaking (NPRM), FCC 18-34, in MB Docket Nos. 18-63, 17-105, adopted on March 22, 2018, and released on March 23, 2018. The complete text of this document is available electronically via the search function on the FCC's Electronic Document Management System (EDOCS) web page at https://apps.fcc.gov/edocs_public/. The document is also available for public inspection and copying during regular business hours in the FCC Reference Information Center, 445 12th Street SW, Room CY-A257, Washington, DC 20554. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the FCC's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

    Synopsis

    1. Introduction: In this NPRM, the Commission proposes to streamline the process for reauthorizing television satellite stations when they are assigned or transferred in combination with their previously approved parent station. In accordance with Note 5 of section 73.3555 of the Commission's rules, authorized television satellite stations, which generally retransmit some or all of the programming of their parent station, are excepted from media ownership limits. In order for the exception to apply, a television station must obtain authorization as a satellite from the Commission, and it must be reauthorized as a satellite at the time of assignment or transfer of control. In response to the Public Notice launching the Commission's Modernization of Media Regulation Initiative, commenters assert that the reauthorization of the satellite exception can be costly and burdensome for both the station owner and the Commission. The Commission proposes to streamline the reauthorization process in order to eliminate potentially needless regulatory expense and delay. With this proceeding, the Commission continues its efforts to modernize its regulations and reduce unnecessary requirements that can impede competition and innovation in the media marketplace.

    2. Background: Regulatory Treatment of Television Satellite Stations. Television satellite stations are full-power terrestrial broadcast stations authorized under part 73 of the Commission's rules that generally retransmit some or all of the programming of another television station, known as the parent station, which typically is commonly owned or operated with the satellite station. The Commission initially authorized television satellite stations in sparsely populated areas with insufficient economic bases to support full-service stations and more recently in larger markets when the proposed satellite could not operate as a full-service station. Television satellite stations are excepted from the local and national television multiple ownership limits, but from a practical perspective, the ownership exception is significant only for purposes of the Local Television Ownership Rule, which prohibits an entity from owning or controlling more than two television stations in the same local market.

    3. In 1991, the Commission revised the standards for television stations seeking satellite status and the corresponding ownership exception. The Commission adopted a rebuttable presumption that stations would qualify for satellite status if: (1) There was no City Grade overlap between the parent and the satellite station; (2) the satellite station served an underserved area; and (3) no alternative operator was ready and able to construct or to purchase and operate the satellite station as a full-service station. The Commission established detailed evidentiary standards for meeting the second and third criteria. If an applicant could not qualify for the presumption, the Commission would evaluate the proposal on an ad hoc basis and grant the application if there were compelling circumstances warranting approval.

    4. To help encourage satellite stations to air more of their own programming, the Commission eliminated the previous requirement that no more than five percent of a station's programming could be locally originated in order for the station to maintain its satellite status. The Commission stated that allowing satellite stations to exceed that limit would promote its diversity and localism goals. It recognized, however, that its action had potential ramifications for subsequent transfers or assignments of such stations because a satellite station could become more like a full-service station based on its origination of local programming. Accordingly, it required applicants seeking to transfer or assign a parent/satellite combination that otherwise would violate the Local Television Ownership Rule to demonstrate that the conditions that had warranted satellite status continued to exist at the time of any subsequent transfer or assignment.

    5. The transition to digital television service in 2009 complicated the assessment of the first prong of the Commission's presumptive standard in that there is no digital counterpart to a station's analog City Grade contour. Accordingly, in the 2010/2014 Quadrennial Review proceeding, the Commission clarified that, consistent with case law developed after the transition, it will evaluate requests for new and continued satellite status on an ad hoc basis, while, as a practical matter, the second and third prongs of the Commission's presumptive standard still serve as guidelines under the ad hoc review. This shift in approach did not change the burden of proof for initial satellite station authorizations or requests for continued satellite status in the transfer or assignment context.

    6. Modernization of Media Regulation Initiative. In May 2017, the Commission issued a Public Notice launching a review of its media regulations to eliminate or modify rules that are outdated, unnecessary, or unduly burdensome. In response to that Public Notice, commenters urge the Commission to streamline the process for demonstrating that a television satellite station remains eligible for satellite status in connection with an assignment or transfer of the station. They argue that the current process for reauthorizing a satellite exception is lengthy, costly, unnecessary, and serves no rational purpose.

    7. Discussion: We tentatively conclude that the process for reauthorizing satellite status when a television satellite station is assigned or transferred in combination with its previously approved parent station should be streamlined. We believe that the existing process imposes an unnecessary burden on station owners by requiring them to expend time and resources in demonstrating that a satellite exception is warranted for a previously approved parent/satellite station combination where the underlying circumstances have not materially changed. Further, the time and expense involved in obtaining a reauthorization may create an artificial disincentive for potential purchasers of satellite stations, which typically are in rural and economically depressed areas and often in need of investment. In addition, the sale of a satellite station does not necessarily indicate that the underlying conditions warranting the satellite authorization have changed, as evidenced by the fact that the Commission has never rejected a request for a continued satellite exception despite the numerous reauthorization requests it has processed. This approval record raises questions as to the benefit gained by spending Commission resources on time-consuming reviews of detailed reauthorization requests.

    8. We seek comment on ways to streamline the reauthorization process while also ensuring that the process affords the Commission and the public adequate information to determine whether reauthorization serves the public interest. We tentatively conclude that the public interest will be served by permitting a previously approved parent/satellite station combination to be assigned or transferred without the reauthorization request that currently is required and without a written Commission decision granting reauthorization if the following two conditions are met. First, we propose that the assignment or transfer application must include a certification by both parties to the transaction that the underlying circumstances that the Commission relied upon in granting the current satellite authorization have not changed materially since the issuance of the most recent authorization. Second, we propose that the assignment or transfer application must include a complete copy of the most recent written Commission decision (e.g., Letter Order) granting the satellite exception for the current parent/satellite combination. The existing petition to deny/informal comment process applicable to the assignment or transfer of licenses would provide interested parties that disagree with the applicants' certification an opportunity to present their objections. The applicants could respond within the normal pleading cycle, and the Commission then would have a record upon which to make a determination. We believe that this process will provide the Commission and the public with a sufficient opportunity to review the transaction to ensure that continued satellite status is warranted. If any objections to the satellite station's reauthorization are raised, any decision on the application would require a written decision that would include an explanation for the reauthorization decision. Absent such objections, however, the application could be granted without a written decision (provided that there are no other issues that require designation of the application for hearing or otherwise warrant a written decision).

    9. We seek comment on all aspects of this proposal. For example, what impact, if any, would the proposal have on small entities? In addition, what showing should the Commission require in the event that the Commission's most recent decision granting satellite status, which may never have been published or put in the public record, is unavailable or does not specify the facts and circumstances surrounding the grant? We also seek comment on how the Commission should memorialize its reauthorization approval when the approval of an assignment or transfer application is not a written decision explaining the scope and basis of the Commission's decision but instead is recorded only on the FCC Form 732. In such circumstances, what information should the Commission include in the FCC Form 732 authorization regarding the satellite station? In addition, to obtain reauthorization approval, is it sufficient for applicants to certify generally that there has been no material change in the circumstances that warranted the station's most recently authorized satellite status? What types of changes would be considered material? For example, would a change in contour be material if the lack of contour overlap was part of the basis upon which the underlying satellite status was granted? If the current authorization is not based on a finding that the service area was underserved or on a finding that the licensee undertook a diligent but unsuccessful search for a buyer, but instead on alternative showings, what would constitute a material change in circumstances? Alternatively, should the Commission require the applicants to attest to a set of more specific facts relevant to the Commission's usual considerations in determining satellite status? For example, where relevant, should the applicants specifically certify that the service area remains underserved as the Commission has defined that term? What other specific certifications, if any, would be useful to require without defeating the purpose of streamlining the reauthorization process?

    10. We also seek comment on whether any streamlined reauthorization procedures we adopt should be restricted to transactions that involve the assignment or transfer of a television satellite station in combination with its previously approved parent station. A commenter argued that satellite status should not be limited to a particular parent/satellite combination. The suggestion was that licensees should have the flexibility to change a satellite station's parent without needing to repeat the full showing required for an initial satellite exception. On the other hand, satellite station determinations are fact specific inquiries that rely in part on the identity of the specific stations involved. Unlike renewals of previously approved parent/satellite combinations, the Commission and the public have never had an opportunity to review the particular circumstances of the new combination. Given that there may be public interest benefits associated with a change in parent station and the fact that the public has the opportunity to raise any concerns regarding a reauthorization request, we seek comment on whether we should or should not apply any streamlined process we may adopt to transactions involving a change in a satellite station's parent.

    11. Ultimately, we believe that this proposal to streamline the reauthorization process for television satellite stations is consistent with our efforts to modernize our regulations and will encourage investment in such stations by removing unnecessary constraints on their transferability. We seek comment on the costs and benefits associated with our proposals. For example, how much time, effort, and expense do reauthorization requests usually require now, and what cost savings could be achieved by allowing licensees to certify that there have been no material changes, given that a licensee must exercise due diligence in ascertaining the facts needed to support any such certification? Are there any benefits other than cost savings that are likely to occur from streamlining, and if so, how likely are such benefits to arise from the streamlining proposal we offer for comment? Based on the Commission's experience processing transactions that include satellite station reauthorizations, we do not believe that the proposals herein will impair our, or interested parties', ability to meaningfully review such transactions. We seek comment, however, on any negative consequences of streamlining, including whether this proposal will require applicants or other stakeholders to incur any additional costs beyond what they currently incur. We also seek comment on any alternative approaches. Any party advocating for an alternative approach should be as detailed as possible and should explain the costs and benefits of any recommended approach.

    Procedural Matters

    12. Initial Regulatory Flexibility Act Certification: The Regulatory Flexibility Act of 1980, as amended (RFA), requires that an initial regulatory flexibility analysis be prepared for notice-and-comment rule making proceedings, unless the agency certifies that the rule would not have a significant economic impact on a substantial number of small entities. The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. A “small business concern” is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA).

    13. In this NPRM, the Commission seeks comment on how to streamline the process for reauthorizing television satellite stations when they are assigned or transferred in combination with their previously approved parent station. The potential rule changes discussed in the NPRM stem from a Public Notice issued by the Commission in May 2017 launching an initiative to modernize the Commission's media regulations. Commenters in the proceeding argued that the Commission should streamline the process for demonstrating that a television satellite station remains eligible for satellite status in connection with an assignment or transfer of the station because, they contend, the current process is lengthy, costly, unnecessary, and serves no rational purpose. The proposals upon which the NPRM seeks comment are intended to reduce unnecessary regulation and regulatory burdens that can impede competition and innovation in the media marketplace.

    14. The Commission estimates that the rule changes proposed in this NPRM, if adopted, would reduce the time and expense associated with reauthorizing television satellite stations when they are assigned or transferred in combination with their previously approved parent station. For example, the NPRM proposes that, instead of needing to make the same type of showing that was required for the station's initial satellite authorization, the parties to the proposed transaction could certify that there has been no material change in the underlying circumstances since the current satellite authorization was granted by the Commission. In addition, a complete copy of the written Commission decision granting the current satellite exception would need to be provided with the assignment or transfer application. The NPRM seeks comment on various aspects of the streamlining proposal and on any alternative approaches.

    15. The Commission believes that the proposals on which it seeks comment in this NPRM would reduce costs and burdens currently associated with transactions involving television satellite stations, including those that are small entities. As transactions involving television satellite stations usually comprise a very small percentage of the total number of television transactions processed by the Commission and originate from a similarly small segment of the overall industry, the number of small entities impacted would not be substantial for RFA purposes. Therefore, the Commission certifies that the proposals in this NPRM, if adopted, will not have a significant economic impact on a substantial number of small entities. The Commission will send a copy of the NPRM, including a copy of this Initial Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the SBA. This initial certification will also be published in the Federal Register.

    16. Initial Paperwork Reduction Act Analysis: The document contains proposed modified information collection requirements. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and the Office of Management and Budget (OMB) to comment on the information collection requirements contained in the document, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment on how we might further reduce the information collection burden for small business concerns with fewer than 25 employees.

    17. Ex Parte Rules: This proceeding shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.

    18. Comments and Replies: Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated above. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

    19. Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.

    20. Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.

    21. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

    22. All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.

    23. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701.

    24. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington, DC 20554.

    25. Availability of Documents: Comments, reply comments, and ex parte submissions will be available for public inspection during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street SW, CY-A257, Washington, DC 20554. These documents will also be available via ECFS. Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.

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

    27. Additional Information: For additional information on this proceeding, contact Julie Salovaara of the Industry Analysis Division, Media Bureau, at [email protected] or (202) 418-2330.

    28. Ordering Clauses: Accordingly, it is ordered that, pursuant to the authority found in sections 1, 4(i), 4(j), 303(r), 309, and 310 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 303(r), 309, and 310, this Notice of Proposed Rulemaking is adopted.

    29. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Act Certification, to the Chief Counsel for Advocacy of the Small Business Administration.

    Federal Communications Commission. Marlene Dortch, Secretary.
    [FR Doc. 2018-07508 Filed 4-10-18; 8:45 am] BILLING CODE 6712-01-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 180220193-8193-01] RIN 0648-BH79 Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2018 AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    NMFS proposes management measures for the 2018 summer flounder, scup, and black sea bass recreational fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the fishing year and to provide an opportunity for public comment. The intent of these measures is to constrain recreational catch to established limits and prevent overfishing of summer flounder, scup, and black sea bass.

    DATES:

    Comments must be received by April 26, 2018.

    ADDRESSES:

    You may submit comments on this document, identified by NOAA-NMFS-2018-0038, by either of the following methods:

    Electronic submission: Submit all electronic public comments via the Federal e-Rulemaking Portal.

    • Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0038,

    • Click the “Comment Now!” icon, complete the required fields

    • Enter or attach your comments.

    -OR-

    Mail: Submit written comments to Michael Pentony, Regional Administrator, Greater Atlantic Region, 55 Great Republic Drive, Gloucester, MA 01930.

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

    Copies of the Environmental Assessment (EA) and other supporting documents for the recreational harvest measures are available from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 N. State Street, Dover, DE 19901. The recreational harvest measures document is also accessible via the internet at: http://www.mafmc.org/s/2018-sf-bsb-rec-measures-EA.pdf.

    FOR FURTHER INFORMATION CONTACT:

    Emily Gilbert, Fishery Policy Analyst, (978) 281-9244.

    SUPPLEMENTARY INFORMATION: Summary of Proposed Management Measures

    In this rule, NMFS proposes management measures for the 2018 summer flounder, scup, and black sea bass recreational fisheries consistent with the recommendations of the Mid-Atlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission (Commission). NMFS is proposing measures that would apply in the Federal waters of the exclusive economic zone (EEZ). These measures apply to all Federally permitted party/charter vessels with applicable summer flounder, scup, and black sea bass permits, regardless of where they fish, unless the state in which they land implements measures that are more restrictive. These measures are intended to achieve, but not exceed, the previously established 2018 recreational harvest limits established in a final rule published on December 22, 2017 (82 FR 60682).

    For summer flounder, we are proposing to continue the use of conservation equivalency measures for all the states, through the Commission, to determine the most appropriate measures to constrain landings to the 2018 recreational harvest limit. For scup, we are proposing to maintain the measures currently in place for 2017. For black sea bass, we propose to maintain the current minimum size and possession limits, but we propose to remove the current September 22-October 22 closure, which would result in an open season from May 15-December 31. The black sea bass measures are contingent upon the Commission constraining catch to the 2018 recreational harvest limit.

    Background and Management Process

    The summer flounder, scup, and black sea bass fisheries are managed cooperatively under the provisions of the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) developed by the Council and the Commission, in consultation with the New England and South Atlantic Fishery Management Councils. The management units specified in the FMP include summer flounder (Paralichthys dentatus) in U.S. waters of the Atlantic Ocean from the southern border of North Carolina northward to the U.S./Canada border, and scup (Stenotomus chrysops) and black sea bass (Centropristis striata) in U.S. waters of the Atlantic Ocean from 35° 13.3′ N. lat. (the approximate latitude of Cape Hatteras, North Carolina). States manage these three species within 3 nautical miles (4.83 km) of their coasts, under the Commission's plan for summer flounder, scup, and black sea bass. The applicable species-specific Federal regulations govern vessels and individual fishermen fishing in Federal waters of the EEZ, as well as vessels possessing a summer flounder, scup, or black sea bass Federal charter/party vessel permit, regardless of where they fish.

    Recreational Management Measures Process

    The Council process for recommending recreational management measures to NMFS for rulemaking is generically described below. All meetings are open to the public, and the materials utilized during such meetings, as well as any documents created to summarize the meeting results, are public information and posted on the Council's website (www.mafmc.org) or are available from the Council by request. Therefore, extensive background on the 2018 recreational management measures recommendation process is not repeated in this preamble.

    The FMP established monitoring committees for the three fisheries, consisting of representatives from the Commission, the Council, state marine fishery agency representatives from Massachusetts to North Carolina, and NMFS. The FMP's implementing regulations require the monitoring committees to review scientific and other relevant information annually. The objective of this review is to recommend management measures to the Council that will constrain landings within the recreational harvest limits established for the three fisheries for the upcoming fishing year. The FMP limits the choices for the types of measures to minimum fish size, per angler possession limit, and fishing season.

    The Council's Demersal Species Committee and the Commission's Summer Flounder, Scup, and Black Sea Bass Management Board then consider the monitoring committees' recommendations and any public comment in making their recommendations to the Council and the Commission. The Council reviews the recommendations of the Demersal Species Committee, makes its own recommendations, and forwards them to NMFS for review. The Commission similarly adopts recommendations for the states. NMFS is required to review the Council's recommendations to ensure that they are consistent with the targets specified for each species in the FMP and all applicable laws and Executive Orders before ultimately implementing measures for Federal waters. Commission measures are final at the time they are adopted.

    Summer Flounder Conservation Equivalency Process

    Conservation equivalency, as established by Framework Adjustment 2 (July 29, 2001; 66 FR 36208), allows each state to establish its own recreational management measures (possession limits, minimum fish size, and fishing seasons) to achieve its state management target partitioned by the Commission from the coastwide recreational harvest limit, as long as the combined effect of all of the states' management measures achieves the same level of conservation as would Federal coastwide measures. Framework Adjustment 6 (July 26, 2006; 71 FR 42315) allowed states to form regions for conservation equivalency in order to minimize differences in regulations for anglers fishing in adjacent waters.

    The Council and Board annually recommend that either state- or region-specific recreational measures be developed (conservation equivalency) or that coastwide management measures be implemented to ensure that the recreational harvest limit will not be exceeded. Even when the Council and Board recommend conservation equivalency, the Council must specify a set of coastwide measures that would apply if conservation equivalency is not approved for use in Federal waters.

    When conservation equivalency is recommended, and following confirmation that the proposed state or regional measures developed through the Commission's technical and policy review processes achieve conservation equivalency, NMFS may waive the permit condition found at 50 CFR 648.4(b), which requires Federal permit holders to comply with the more restrictive management measures when state and Federal measures differ. In such a situation, Federally permitted summer flounder charter/party permit holders and individuals fishing for summer flounder in the EEZ would then be subject to the recreational fishing measures implemented by the state in which they land summer flounder, rather than the coastwide measures.

    In addition, the Council and the Board must recommend precautionary default measures when recommending conservation equivalency. The Commission would require adoption of the precautionary default measures by any state that either does not submit a summer flounder management proposal to the Commission's Summer Flounder Technical Committee, or that submits measures that would exceed the Commission-specified harvest limit for that state.

    Much of the conservation equivalency measures development process happens at both the Commission and the individual state level. The selection of appropriate data and analytical techniques for technical review of potential state conservation equivalent measures and the process by which the Commission evaluates and recommends proposed conservation equivalent measures are wholly a function of the Commission and its individual member states. Individuals seeking information regarding the process to develop specific state measures or the Commission process for technical evaluation of proposed measures should contact the marine fisheries agency in the state of interest, the Commission, or both.

    Once the states and regions select their final 2018 summer flounder management measures through their respective development, analytical, and review processes and submit them to the Commission, the Commission will conduct further review and evaluation of the submitted proposals, ultimately notifying NMFS as to which proposals have been approved or disapproved. NMFS has no overarching authority in the development of state or Commission management measures but is an equal participant along with all the member states in the review process. NMFS neither approves nor implements individual states' measures but retains the final authority either to approve or to disapprove the use of conservation equivalency in place of the coastwide measures in Federal waters. Additionally, we will publish our determination as a final rule in the Federal Register to establish the 2018 recreational measures for these fisheries.

    2018 Summer Flounder Recreational Management Measures

    NMFS proposes to implement the Council's and Commission's recommendation to manage the 2018 summer flounder recreational fishery using conservation equivalency. The 2018 summer flounder recreational harvest limit is 4.42 million lb (2,004 mt), an increase from the 2017 harvest limit of 3.77 million lb (1,711 mt). Preliminary estimates indicate that the 2017 recreational landings are 3.10 million lb (1,406 mt). These 2017 projected landings are based on preliminary Marine Recreational Information Program (MRIP) estimates through Wave 6 (November and December 2017).

    The Council and Commission approved conservation equivalency at their joint meeting, held in December 2017. At this meeting, the Board voted to maintain the provisions of Addendum XXVIII to its FMP, which continues regional conservation equivalency for fishing year 2018. The Commission maintained regions that are consistent with those in place since 2016: (1) Massachusetts; (2) Rhode Island; (3) Connecticut and New York; (4) New Jersey; (4) Delaware, Maryland, and Virginia; and (5) North Carolina. Rather than liberalize measures up to the 2018 harvest limit, the Board specified that any adjustments to state measures in 2018 should result in no more than a 17-percent liberalization in coastwide harvest relative to the projected 2017 harvest of 3.23 million lb (1,465 mt), the harvest estimate available at the December 2017 meeting. The Board specified this maximum liberalization due to concerns about the status of the summer flounder stock, as well as concerns that harvest estimates for 2017 appeared to be anomalously low in terms of effort and landings, raising concerns that overages in 2018 may occur under larger liberalization if catch and effort rates increase in 2018.

    NMFS proposes a suite of non-preferred coastwide measures, consistent with those adopted by the the Council and Board for implementation in 2018. Under conservation equivalency, the cumulative impact of the regional recreational measures should achieve the same constraints on harvest as the non-preferred coastwide measures. For 2018, non-preferred coastwide measures approved by the Council and Board are a 19-inch (48.3-cm) minimum fish size, a 4-fish per person possession limit, and an open season from May 15-September 15. These measures are expected to constrain the overall recreational landings to the 2018 recreational harvest limit. If a jurisdiction's measures do not achieve the level of conservation required by the Commission, that state or region must implement the precautionary default measures. The 2018 precautionary default measures recommended by the Council and Board are identical to those in place for 2017: A 20.0-inch (50.8-cm) minimum fish size; a 2-fish per person possession limit; and an open season of July 1-August 31, 2018.

    The Board reviewed and approved state and region proposals for modifying management at the Commission's February 8, 2018, meeting. With the exception of North Carolina, which intends to maintain status quo measures, all other regions have developed proposals for different 2018 recreational management that would achieve, but not exceed, a 17-percent liberalization of their 2017 harvest.

    Scup Recreational Management Measures

    The 2018 scup recreational harvest limit is 7.37 million lb (3,342 mt) and 2017 recreational landings are currently estimated at 4.68 million lb (2,123 mt). The status quo management measures are a 9-inch (22.9-cm) minimum fish size, 50-fish per person possession limit, and year-round season. The Council recommends maintaining the existing management measures, as no changes are needed to ensure the 2018 recreational harvest limit is not exceeded. As a result, we are proposing to maintain the current scup recreational management measures for 2018.

    Black Sea Bass Recreational Management Measures

    The 2018 black sea bass recreational harvest limit is 3.66 million lb (1,661 mt), a decrease of nearly 15 percent from the 2017 harvest limit of 4.29 million lb (1,945 mt). The stock biomass remains well above the biomass target and overfishing is not occurring but the overall biomass is expected to decline as the large 2011 year class moves out of the population due to natural and fishing mortality. The Council's Monitoring Committtee and Commission's Technical Committee applied a smoothing technique to preliminary MRIP 2017 recreational landings through Wave 6 (November and December) to account for any anomalous estimates, which results in a 2017 harvest estimate of 3.55 million lb (1,610 mt). This estimated harvest is 17 percent below the 2017 harvest limit and 3 percent below the 2018 harvest limit.

    The Council recommends extending the current black sea bass recreational season by removing a closure that occurs from September 22-October 21 and maintaining the current possession limit and minimum size. The following measures would apply to 2018: A 15-fish possession limit, a 12.5-inch (31.75-cm) minimum size, and a season from May 15-December 31.

    At its February 2018 meeting, the Commission took final action on Addendum XXX, which establishes state recreational management measures designed to constrain catch to the 2018 recreational harvest limit and regionally allocates black sea bass using a combination of exploitable biomass information from the latest stock assessment and historical harvest. Ultimately, Massachusetts through New York will be allocated 61.35 percent of the harvest limit, New Jersey will receive 30.24 percent, and Delaware through North Carolina will receive 8.41 percent. To increase regional consistency in measures, each region will establish a standard set of measures, with each state in the region afforded the flexibility to adjust its minimum size by up to 1 inch (2.54 cm) and possession limit up to three fish.

    If the states do not implement measures to constrain catch to the 2018 recreational harvest limit, the Council recommends a 14-inch (35.56-cm) minimum fish size and a five-fish possession limit with an open season of May 15-September 15. The Council and NMFS expect, based on February 2018 action by the Commission's Black Sea Bass Board, that these default measures will not be necessary. States presented regional proposals to the Technical Committee and Board in March 2018. These measures should constrain catch to the 2018 harvest limit.

    Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the Assistant Administrator has determined that this proposed rule is consistent with the Summer Flounder, Scup, and Black Sea Bass FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment. This proposed rule has been determined to be not significant for purposes of Executive Order 12866.

    The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The Council conducted an evaluation of the potential socioeconomic impacts of the proposed measures in conjunction with an EA. According to the commercial ownership database, 359 for-hire affiliate firms generated revenues from recreational fishing for various species during the 2014-2016 period. All of those business affiliates are categorized as small businesses. It is not possible to derive what proportion of the overall revenues for these for-hire firms came from fishing activities for an individual species. Nevertheless, given the popularity of summer flounder and black sea bass as recreational species in the Mid-Atlantic and New England, revenues generated from these species are likely very important for many of these firms at certain times of the year. The 3 year average (2014-2016) combined gross receipts (all for-hire fishing activity combined) for these small entities was $53,454,121, ranging from less than $10,000 for 92 entities (lowest value $238) to over $1,000,000 for 11 entities (highest value $2.8 million).

    The economic impacts of the proposed measures in this action will be affected in part by the specific set of measures implemented at the state level for summer flounder conservation equivalency, and for black sea bass regional management. These impacts are likely to vary by species and by state, and in the case of black sea bass, some states will need to restrict measures or maintain status quo measures, while liberalizations in measures may be allowed for other states.

    For summer flounder, this action would waive Federal measures in lieu of state measures designed to reach the 2018 harvest limit. Moderate liberalizations (17 percent relative to 2017 harvest) are expected to be implemented in most states for 2018. Thus, market demand may see a slight to moderate increase in 2018, although this is likely to vary by state depending on each state's current measures and how they choose to modify them in 2018. Under more liberal management measures in 2018, some anglers may transfer effort to summer flounder from other species (e.g., weakfish, striped bass, tautog, pelagics, etc.) resulting in very little change in overall fishing effort.

    In general, for black sea bass, this action proposes to liberalize measures in Federal waters by removing a 30-day mid-season closure, so long as the states implement measures to constrain catch to the 2018 recreational harvest limit. The current possession limit and minimum size requirement would remain the same as in 2017. Removal of this mid-season closure reduces conflicts between Federal/state waters regulations and allows states more flexibility in setting their measures. Because the 2018 harvest limit has decreased by about 15 percent compared to 2017, liberalizations to state waters measures are not expected to be implemented, and in fact some states may need to slightly restrict or retain their existing measures compared to 2017 when evaluating the 2017 harvest and the lower 2018 harvest limit. Measures in state waters are expected to be adjusted to be slightly more conservative for New York and states to the north. The states of Delaware through North Carolina will likely adopt the proposed Federal water measures, which may result in a slight increase in market demand in those states. However, these states account for only 7 percent of all the directed black sea bass trips taken coastwide. The Board will consider approval of final black sea bass state recreational measures in March 2018. Should the states ultimately not adopt measures that would constrain catch to the 2018 recreational harvest limit, the Council is also proposing more restrictive Federal measures that would appropriately constrain catch to meet that objective, but this would result in similar impacts as if the states implemented these measures themselves. The overall combination of management measures may be slightly more restrictive in 2018 compared to 2017, but not to a degree that is expected to substantially influence market demand for party/charter trips. Currently, the market demand for this sector is relatively stable. Because this rule will not have a significant economic impact on a substantial number of small entities, an initial regulatory flexibility analysis is not required and none has been prepared. There are no new reporting or recordkeeping requirements contained in any of the alternatives considered for this action.

    List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 6, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is proposed to be amended as follows:

    PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority:

    16 U.S.C. 1801 et seq.

    2. Revise § 648.105 to read as follows:
    § 648.105 Summer flounder recreational fishing season.

    Unless otherwise specified pursuant to § 648.107, vessels that are not eligible for a moratorium permit under § 648.4(a)(3), and fishermen subject to the possession limit, may fish for summer flounder from May 15 through September 15. This time period may be adjusted pursuant to the procedures in § 648.102.

    3. In § 648.107 revise introductory text to paragraph (a) to read as follows:
    § 648.107 Conservation equivalent measures for the summer flounder fishery.

    (a) The Regional Administrator has determined that the recreational fishing measures proposed to be implemented by the states of Maine through North Carolina for 2018 are the conservation equivalent of the season, minimum size, and possession limit prescribed in §§ 648.105, 648.104(b), and 648.106, respectively. This determination is based on a recommendation from the Summer Flounder Board of the Atlantic States Marine Fisheries Commission.

    4. Revise § 648.146 to read as follows:
    § 648.146 Black sea bass recreational fishing season.

    Vessels that are not eligible for a moratorium permit under § 648.4(a)(7), and fishermen subject to the possession limit specified in § 648.145(a), may only possess black sea bass from May 15 through December 31, unless this time period is adjusted pursuant to the procedures in § 648.142.

    [FR Doc. 2018-07467 Filed 4-10-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170714670-8309-01] RIN 0648-BH05 Fisheries of the Exclusive Economic Zone Off Alaska; Reclassifying Squid Species in the BSAI and GOA AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    NMFS proposes regulations to implement Amendment 117 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP), Amendment 106 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (GOA FMP), and to update the species codes for octopus. This proposed rule would prohibit directed fishing for the squid species complex (squids) by Federally permitted groundfish fishermen and specify a squid retention limit in the GOA groundfish fisheries consistent with the existing BSAI squid retention limit, and would make minor corrections to the octopus species codes. This rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act, the groundfish FMPs, and other applicable laws.

    DATES:

    Comments must be received no later than May 11, 2018.

    ADDRESSES:

    You may submit comments on this document, identified by NOAA-NMFS-2017-0090 by any of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0090, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.

    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), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

    Electronic copies of Amendment 117 to the BSAI FMP, Amendment 106 to the GOA FMP, and the Environmental Assessment/Regulatory Impact Review (collectively the “Analysis”) prepared for this action may be obtained from www.regulations.gov.

    Electronic copies of the Initial Regulatory Flexibility Analyses for the BSAI and GOA Groundfish Harvest Specifications for 2018-2019 may be obtained from www.regulations.gov.

    Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this rule may be submitted by mail to NMFS at the above address; by email to [email protected]; or by fax to 202-395-5806.

    FOR FURTHER INFORMATION CONTACT:

    Megan Mackey, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    Authority for Action

    NMFS manages the groundfish fisheries in the exclusive economic zone of the BSAI and GOA under the BSAI FMP and GOA FMP (collectively the FMPs). The North Pacific Fishery Management Council (Council) prepared these FMPs under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. Regulations implementing these FMPs appear at 50 CFR part 679. General regulations governing U.S. fisheries also appear at 50 CFR part 600.

    This proposed rule would implement Amendments 117/106 and update the species code for octopus in several tables to 50 CFR part 679. The Council submitted Amendments 117/106 for review by the Secretary of Commerce (Secretary), and the Notice of Availability (NOA) of these amendments was published in the Federal Register on March 27, 2018, with comments invited through May 29, 2018 (83 FR 13117). Comments may address Amendments 117/106 or this proposed rule, but must be received by May 29, 2018 to be considered in the Secretary's decision to approve, disapprove, or partially approve these amendments.

    Background

    In June 2017, the Council voted unanimously to recommend Amendments 117/106 to the FMPs to reclassify squids as non-target ecosystem component species, not in need of conservation and management. Squids are currently classified as target species in the FMPs, though as discussed below, squids are currently only caught incidental to other target fisheries. To implement Amendments 117/106, NMFS proposes regulations to prohibit directed fishing for squids by Federally permitted groundfish fishermen and to specify a squid retention limit in the GOA groundfish fisheries consistent with the existing BSAI squid retention limit. The following sections of this preamble provide (1) groundfish stock classification in FMPs and a brief history of this proposed action; (2) the National Standards (NS) guidance for determining which species require conservation and management; (3) a description of Amendments 117/106 to the groundfish FMPs; and (4) the regulatory changes made by this proposed rule.

    Stock Classification in FMPs and a Brief History of This Proposed Action

    Among other requirements, FMPs must comply with the Magnuson-Stevens Act NS (16 U.S.C. 1851). NMFS has implemented regulations to provide guidance on the interpretation and application of these NS. Relevant to this proposed rule, the NS guidelines at 50 CFR 600.305(d)(11), (12) and (13) define three classifications for stocks in an FMP: (1) Target stocks in need of conservation and management that fishers seek to catch; (2) non-target stocks in need of conservation and management that are caught incidentally during the pursuit of target stocks; and (3) ecosystem component (EC) species that do not require conservation and management, but may be listed in an FMP in order to achieve ecosystem management objectives.

    Under the groundfish FMPs, and harvest limit regulations at § 679.20, NMFS must establish an overfishing level (OFL), an acceptable biological catch (ABC) and a total allowable catch (TAC) for each stock or stock complex (i.e., species or species group) that are assigned a target or a non-target species category classification. Overfishing occurs when the amount of catch of a stock or stock complex jeopardizes the capacity of the stock or stock complex to produce the maximum sustainable yield on a continuing basis. NMFS manages fisheries in an effort to ensure that no overfishing limits (OFLs) are exceeded in any year. Regulations at §§  679.20(d)(1), (d)(2), and (d)(3) define the process NMFS uses to limit or prohibit fishing to prevent overfishing and maintain total catch at or below the OFL. The FMPs define the ABC as the level of a species or species group's annual catch that accounts for the scientific uncertainty in the estimate of OFL and any other scientific uncertainty. The ABC cannot exceed the OFL. Regulations at §§  679.20(d)(1) and (d)(2) describe the range of management measures that NMFS uses to maintain total catch at or below the ABC. The FMPs define the TAC as the annual catch target for a species or species group, derived from the ABC by considering social and economic factors and management uncertainty. The TAC must be set lower than or equal to the ABC. Regulations at §§  679.20(d)(1) and (d)(2) describe the range of management measures that NMFS uses to maintain total catch at or below the TAC.

    NMFS establishes the OFL, ABC, and TAC for each species or species group through the annual harvest specification process. For the most recent example of the annual harvest specifications, please see the final 2017/2018 annual harvest specifications (82 FR 11826, February 27, 2017 and 82 FR 12032, February 27, 2017).

    In 2010, Amendments 96/87 to the BSAI and GOA FMPs, respectively, established the EC category and designated prohibited species (salmon, steelhead trout, crab, halibut, and herring) and forage fish species (as defined in Table 2c to 50 CFR part 679 and § 679.20(i)) as EC species in the groundfish FMPs (75 FR 61639, October 6, 2010). Under the FMPs, EC species are defined as non-target species for which catch specifications (i.e., an OFL, ABC, or TAC) are not required. For these EC species, NMFS maintained regulations that (1) banned the retention of prohibited species, (2) prohibited directed fishing for forage fish, and (3) established a limit, known as the maximum retainable amount (MRA), on the amount of incidental harvest of forage fish while directed fishing for other groundfish species. Regulations at 50 CFR 679.2 define the term “directed fishing.” Regulations at § 679.20(e) describe the application and calculation of MRAs.

    In 2015, NMFS implemented Amendments 100/91 to the BSAI and GOA FMPs, respectively, to add grenadiers (family Macrouridae) to the EC category (80 FR 11897, March 5, 2015). The Council and NMFS added grenadiers to the FMPs in the EC category because grenadiers did not require conservation and management, but acknowledged their role in the ecosystem and limited the groundfish fisheries' potential impact on grenadiers. Adding grenadiers to the EC category allowed for improved data collection and catch monitoring appropriate for grenadiers given their abundance, distribution, and catch. Additional detail is provided in the final rule implementing Amendments 100/91, and is not repeated here (80 FR 11897, March 5, 2015).

    Squids are currently classified as target species in the groundfish FMPs and directed fishing for squids is allowed. However, TAC levels established annually for squids are too low to support a directed fishery in either the BSAI or GOA. Directed fishing for squids has been closed in the BSAI and GOA since 2011 (76 FR 11139, March 1, 2011). NMFS places squids on bycatch-only status at the beginning of each year through the annual harvest specifications.

    Since 2010, the Council's non-target committee, Plan Teams, and Scientific and Statistical Committee have recommended that the Council explore reclassifying squids as EC category species because they do not meet the target species category classification; there is no demand for squid and squid have not been targeted or open to directed fishing in either the BSAI or GOA for many years (see Analysis section 1.2). Further, there is no conservation concern for squids because they are extremely short-lived and highly productive, the current fishing mortality is considered insignificant at a population level, and they are unlikely to be overfished in the absence of a directed fishery (see Analysis section 3.2.5).

    Current OFLs and ABCs for squids are based on average catch calculations. While these limits are based on the best available scientific information, they are poorly linked to abundance. Most squids in the BSAI and GOA are associated with the pelagic environment, occurring in the water column. As described in section 3.2 of the Analysis, only three of the fifteen species of squids in the BSAI and GOA are found close to the ocean floor, and most of the available information on the distribution and abundance of squids derives from NMFS's bottom trawl surveys. Even demersal squids reside off the bottom and bottom trawl surveys do not sample squids well, though they better reflect the distribution and abundance of the three species of squids found in association with the bottom than the species in the water column. The bottom trawl survey likely underestimates biomass of squids.

    While biomass estimates for squid are limited, ecosystem models can be used to estimate squid densities based upon the food habits and consumption rates of predators of squids. As described below, based on information derived from ecosystem models in the BSAI and GOA, the Council and NMFS believe that catch-based estimates of OFLs and ABCs for squids are highly underestimated (see section 3.2.2 of the Analysis). If surveys were more aligned with squid distribution, NMFS expects that squid biomass estimates, and subsequently squid OFLs and ABCs would be substantially higher (see section 3.2.3 of the Analysis).

    Under the current stock classification for squids as a target species, if the total TACs of squids are caught in the BSAI or GOA, retention of squids is prohibited in that management area for the remainder of year. If NMFS projects that incidental catch of squids in directed fisheries for groundfish species will exceed the squids OFL, NMFS may close directed fishing for those groundfish species in a management area to prevent exceeding the squids OFL (see regulations at § 679.20(d)(3)). The GOA squids TAC has not been exceeded, however the BSAI squids TAC was exceeded in 2012, 2014, and 2015. In 2015, for the first time, the BSAI squids catch exceeded the ABC and total catch was approaching the OFL (see Analysis section 3.2.3).

    Section 3.2.3 of the Analysis provides a detailed description of incidental catch of squids in the BSAI and GOA groundfish fisheries. Historically, the Bering Sea pollock fishery has taken the largest amount of squids relative to the TAC, ABC, and OFL for BSAI squids. Although NMFS has not needed to close the Bering Sea pollock fishery, or other groundfish fisheries in the BSAI or GOA, to directed fishing to prevent exceeding the squids OFL, the Bering Sea pollock fishery has undertaken measures to avoid the incidental harvest of squids and exceeding the BSAI squids OFL.

    As described in section 3.2.4 of the Analysis, the Bering Sea pollock fleet has coordinated with NMFS and identified areas of relatively high squids catch. The Bering Sea pollock fleet has voluntarily established specific areas where squids catch is elevated and has moved fishing operations out of these areas they term “squid boxes” prior to NMFS taking action. In the process of moving away from areas of high bycatch of squids, the Bering Sea pollock fleet may inadvertently encounter areas of increased bycatch of other species such as chum salmon, Chinook salmon, and herring for which there is greater conservation concern (see Analysis section 3.3).

    Determining Which Species Require Conservation and Management

    Section 302(h)(1) of the Magnuson-Stevens Act requires a council to prepare an FMP for each fishery under its authority that is in need of conservation and management. “Conservation and management” is defined in section 3(5) of the Magnuson-Stevens Act. The NS guidelines at § 600.305(c) (revised on October 18, 2016, 81 FR 718585), provide direction for determining which stocks will require conservation and management and provide direction to regional councils and NMFS for how to consider these factors in making this determination. Specifically, the guidelines direct regional councils and NMFS to consider a non-exhaustive list of ten factors when deciding whether stocks require conservation and management.

    Section 2.2.1 in the Analysis considers each of the ten factors' relevance to squids. The analysis showed that squids are an important component of the marine environment, particularly due to their importance as prey for marine mammals, fish and other squids. However, despite being classified as a target species, there are currently no directed fisheries for squids. Squids are not important to commercial, recreational or subsistence users and the fisheries for BSAI and GOA squids are not important to the National or regional economy. There are no developing fisheries for squids in the EEZ off Alaska nor in waters of the State of Alaska (State). Currently, the State adopts the MRAs established in the Federal fisheries for fisheries in State waters. In the absence of a directed fishery, squids are unlikely to become overfished because they are short-lived, highly productive, and current surveys are considered substantial underestimates of true squids biomass in both the BSAI and GOA. Therefore, maintaining squids in the FMPs for conservation and management is not likely to improve or maintain the condition of the stocks.

    Amendments 117/106 to the FMPs

    In June of 2017, the Council recommended, and NMFS now proposes, Amendments 117/106 to the BSAI and GOA FMPs, respectively, to reclassify squids as EC category species in the FMPs. Based on a review of the scientific information, and after considering the revised NS guidelines, the Council and NMFS determined that squids are not in need of conservation and management, and that classifying squids in the EC category is an appropriate action.

    While the Council determined that squids are not in need of conservation and management as defined by the Magnuson-Stevens Act, and after considering the revised NS guidelines, the Council and NMFS determined that there are benefits to retaining squids as an EC species complex in the FMPs, especially given their ecological importance in the BSAI and GOA.

    In contrast to the BSAI where the squid TAC has been exceeded in the past and constrained fishing, the annual catch of squids has not exceeded the GOA TAC, ABC or approached the OFL, and management measures have not constrained GOA groundfish species (see section 3.2.4 of the Analysis). However, due to the lack of directed fisheries for squids in the GOA and the determination that squids are not in need of conservation and management in the GOA, the Council recommended and NMFS proposes Amendment 106 to the GOA FMP to accurately classify the squid complex in the FMP based on the best available information and for consistency with squid management in the BSAI proposed under Amendment 117.

    Amendments 117/106 would establish the squids EC species complex in the FMPs to clarify that they are non-target species and would require monitoring the effects of incidental catch of squids in the groundfish fisheries on squid populations. Amendments 117/106 would allow NMFS to prohibit directed fisheries for squids and limit the retention and commercial sale of squids. By virtue of being classified as EC species, catch specifications for squids (i.e., OFLs, ABCs, and TACs) would no longer be required.

    Though the Council determined, and NMFS concurs, that squids are not in need of conservation and management, squid population status and bycatch should be monitored to continually assess vulnerability of squids to the fishery given their importance in the ecosystem. Therefore, the proposed rule retains record keeping and reporting requirements for squid bycatch. The proposed rule would prohibit directed fishing for squids to meet the intent of Amendments 117/106 that squids are not a target species complex. Because the definition of directed fishing at § 679.2 is based on an MRA, the proposed rule would specify a retention limit for squids so that NMFS could implement the prohibition on directed fishing to meet the intent of Amendments 117/106.

    Proposed Rule

    In addition to classifying squids as an EC species in the FMPs under Amendments 117/106, the Council recommended and NMFS proposes regulations to limit and monitor the incidental catch of squids. This proposed rule would—

    • Prohibit directed fishing for squids in the BSAI and GOA groundfish fisheries;

    • maintain recordkeeping and reporting of squids in the BSAI and GOA groundfish fisheries, but modify the regulations for clarity;

    • specify a squids retention limit, or MRA, in the GOA Federal groundfish fisheries consistent with the existing BSAI squids MRA of 20 percent; and

    • revise the species code tables in the regulations to indicate octopus is a multi-species category by using the plural, octopuses.

    To prohibit directed fishing, this proposed rule would revise §§ 679.20(i) and 679.22(i) to prohibit directed fishing for squids at all times in the BSAI and GOA groundfish fisheries. This prohibition is consistent with the regulations and management approach for other EC species. With respect to EC species, NMFS prohibits directed fishing for forage fish and grenadiers,

    To clarify definitions and recordkeeping and reporting requirements, this proposed rule would add a definition for squids at § 679.2. Recordkeeping and reporting regulations at § 679.5 would not be modified by this proposed rule, but would continue to require a vessel operator or manager in a BSAI or GOA groundfish fishery to record and report retained and discarded squids in logbooks, landing reports, and production reports. This proposed rule would add an instruction to § 679.5 to use the squids species code in Table 2c to 50 CFR part 679 (Table 2c) to record and report squid catch. Table 2c lists the species reporting codes for non-target groundfish FMP species. NMFS would modify Table 2c to add one squid species code and remove the existing squid species code from Table 2a to 50 CFR part 679 (species reporting codes for target groundfish FMP species) because squids would be removed as a target species in the groundfish FMPs. These revisions would maintain NMFS' ability to monitor the catch, retention, and discard of squids.

    Section 679.20 provides the general limitations for the BSAI and GOA groundfish fisheries. Because a TAC would no longer be specified for squids, this proposed rule would remove squids from § 679.20(b)(2), which specifies the amount of the TAC that is reserved for inseason management flexibility.

    The MRA is the proportion or percentage of retained catch of a species closed for directed fishing (incidental catch species) to the retained catch of a species open for directed fishing (basis species). This proposed rule would move squids out of the basis species category and into the incidental catch species category consistent with the prohibition on directed fishing for squids under this proposed rule. In the GOA, squids are included in the “other species” category (along with sculpins, octopus, and sharks) for MRA purposes under the existing regulations. To specify a separate MRA for squids in the GOA, this proposed rule would remove squids from footnote 6, “other species” in Table 10 to 50 CFR part 679 and add squids as an incidental catch species with an MRA of 20 percent. This proposed rule would similarly revise Table 11 to 50 CFR part 679 to remove squids as a basis species in the BSAI and add squids and grenadiers footnote 7 to indicate that forage fish, grenadiers, and squids are all defined in Table 2c. This proposed change would render obsolete, footnote 9 to Table 11 at 50 CFR part 679, and it would be removed.

    In developing this proposed rule, the Council and NMFS considered a range of squids MRA percentages: 2 percent, 10 percent, and the current MRA of 20 percent. The Analysis (Table 3-20) provides the percentage range of squids taken incidental to the directed pollock fisheries, by haul, in the GOA and BSAI from 2013 through 2016. The majority of the hauls contained less than two percent squids. Many hauls contained greater than two percent squids, thus an MRA of two percent has the potential to be highly constraining. Likewise, while hauls with greater than 10 percent of squids were infrequent, an MRA of 10 percent also has the potential to constrain the directed fisheries. Section 4.6.2 of the Analysis discusses that a more constraining MRA is more likely to increase discards of dead squids rather than discourage targeting. There are no conservation concerns for squids. Therefore, the Council recommended and NMFS proposes specifying an MRA for squids of 20 percent in the GOA groundfish fisheries consistent with the existing MRA for squids in the BSAI groundfish fisheries.

    This proposed rule would also correct a minor technical inaccuracy in the species code for octopus. The species code for octopus in the existing regulations does not reflect the diversity of octopus species in the BSAI and GOA and refers to only one species—North Pacific octopus. Several species of octopuses occur in the BSAI and GOA. To accurately reflect the diversity of octopuses taken in the groundfish fisheries, this proposed rule would revise species code 870 in Table 2a to 50 CFR part 679 to indicate multiple species by using the plural “octopuses.” This proposed rule would also revise Table 10 to 50 CFR part 679 to update octopus in footnote 6 to the plural “octopuses.” In addition, footnote 4 in Table 11 to part 50 CFR 679 would be revised to include the plural for octopus. This proposed correction would not affect existing reporting requirements.

    Classification

    Pursuant to sections 304(b)(1)(A) and 305(d) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with Amendment 117 to the BSAI FMP, Amendment 106 to the GOA FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.

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

    Regulatory Impact Review (RIR)

    An RIR was prepared to assess the costs and benefits of available regulatory alternatives. A copy of this analysis is available from NMFS (see ADDRESSES). The Council recommended Amendments 117/106 based on those measures that maximized net benefits to the Nation. Specific aspects of the economic analysis related to the impact of this proposed rule on small entities are discussed below in the Initial Regulatory Flexibility Analysis section.

    Initial Regulatory Flexibility Analysis (IRFA)

    This IRFA was prepared for this proposed rule, as required by section 603 of the Regulatory Flexibility Act (RFA), to describe the economic impact this proposed rule, if adopted, would have on small entities. An IRFA describes why this action is being proposed; the objectives and legal basis for the proposed rule; the number of small entities to which the proposed rule would apply; any projected reporting, recordkeeping, or other compliance requirements of the proposed rule; any overlapping, duplicative, or conflicting Federal rules; and any significant alternatives to the proposed rule that would accomplish the stated objectives, consistent with applicable statutes, and that would minimize any significant adverse economic impacts of the proposed rule on small entities. Descriptions of this proposed rule, its purpose, and the legal basis are contained earlier in this preamble and are not repeated here.

    Number and Description of Small Entities Regulated by This Proposed Rule

    This proposed rule would directly regulate any vessel operator harvesting squids in the Federally managed groundfish fisheries in the BSAI and GOA. The thresholds applied to determine if an entity or group of entities are “small” under the RFA depend on the industry classification for the entity or entities. Businesses classified as primarily engaged in commercial fishing are considered small entities if they have combined annual gross receipts not in excess of $11.0 million for all affiliated operations worldwide (81 FR 4469; January 26, 2016). The most recent estimates of the number of fishing vessels participating in the BSAI and GOA groundfish fisheries that are small entities are provided in Table 2 in the Initial Regulatory Flexibility Analyses for the BSAI and GOA Harvest Specifications for 2018-2019 (see ADDRESSES). In 2016, there were 119 catcher vessels and 5 catcher/processors in the BSAI, and 920 catcher vessels and 3 catcher/processors in the GOA. These estimates likely overstate the number of small entities in the groundfish fisheries off Alaska because some of these vessels are affiliated through common ownership or membership in a cooperative and the affiliated vessels together would exceed the $11.0 million annual gross receipts threshold for small entities.

    The only potential adverse economic impact that has been identified for this proposed rule is that vessel owners or operators who may wish to conduct directed fishing for squids in the future, and who would wish to retain more squids than they would be allowed to retain under the 20 percent MRA, would not be able to do so. This potential adverse impact would not affect any current participants relative to opportunities available to them in recent years, because directed fishing for squid has been closed in the BSAI and GOA since 2011. Therefore, no current participants would lose an economic opportunity that is available to them today or has been available to them in recent years.

    The degree to which this proposed rule could limit current fishery permit holders' future economic activity in the BSAI or GOA could be viewed as an adverse impact of this proposed rule. This adverse economic impact could affect any future participant in these groundfish fisheries. Therefore, all fishing vessels currently participating in the BSAI and GOA groundfish fisheries that are small entities could be adversely impacted by this proposed rule in the future. However, based on the very limited number of vessel operators who have expressed interest in conducting directed fishing for squids in the past, the actual number of small entities that would be adversely impacted by this proposed rule is likely zero or very few. Vessel operators may continue to catch and retain squids in the BSAI and GOA groundfish fisheries as long as they maintain their catch within the 20 percent MRA.

    For operators of vessels currently participating in these fisheries, the economic impacts of this proposed rule are primarily beneficial or neutral. Removing squids from the BSAI target species category would remove the squids TAC from inclusion in the 2 million mt optimum yield (OY) cap in the BSAI. The amount of the OY cap that has been reserved for squids would be available to increase the TAC limit or limits for other BSAI target species. This effect would benefit participants in the BSAI fisheries that experience TAC increases relative to what the TACs would have been without this proposed rule. Some of the entities that experience benefits from increased TACs in the future may be small entities. The effects on target species TACs would be neutral for the GOA fisheries, as the OY has not constrained TACs in the GOA to date. Therefore, removing the squids TAC in the GOA will not allow for an increase in the TAC for another target species.

    For participants in the Bering Sea pollock fishery, moving squids from the target species category to the EC category will remove the squid OFL as a potential constraint for the Bering Sea pollock fishery, thereby increasing the flexibility of the Bering Sea pollock fishery participants to focus on minimizing the bycatch of salmon and other PSC in the pollock fisheries. Removing this constraint would reduce the costs associated with trying to simultaneously minimize the incidental catch of squid and the incidental catch of salmon and other PSC. However, none of the directly regulated entities in the Bering Sea pollock fishery are considered small entities because all of them are affiliated through either ownership or membership in a cooperative and, when considered together, have annual gross receipts that exceed $11.0 million annually.

    Recordkeeping, Reporting, and Other Compliance Requirements

    Under this proposed rule, requirements for recording and reporting the catch, discard, and production of squid in logbooks or on catch or production reports will be maintained as they are in existing regulations. The proposed rule would make only minor modifications to clarify the recordkeeping and reporting requirements in § 679.5, Table 2a to 50 CFR part 679, and Table 2c to 50 CFR part 679. Therefore, moving squids from the target species category to the EC category will not change recordkeeping and reporting costs for fishery participants or impose any additional or new costs on participants.

    Duplicate, Overlapping, or Conflicting Federal Rules

    No duplication, overlap, or conflict between this proposed rule and existing Federal rules has been identified.

    Description of Significant Alternatives That Minimize Adverse Impacts on Small Entities

    The Council and NMFS considered three alternatives. Among the three alternatives, Alternative 2 Option 3 (the preferred alternative) provides the most economic benefits to current participants in the BSAI and GOA groundfish fisheries. The primary economic benefit of this proposed rule is to reduce the potential constraints imposed by the OFLs, ABCs, and TACs for squids on BSAI and GOA groundfish fisheries. Among the three options considered for the squids MRA (20 percent, 10 percent, and 2 percent), the 20 percent MRA that was selected minimizes the economic impact on any fishing vessel that is a small entity because it provides the greatest opportunity to retain squid as incidental catch in other groundfish fisheries.

    Alternative 1 is the no action alternative and would continue to classify squids as target species in the groundfish FMPs. OFLs, ABCs, and TACs would continue to be set for squids as a species group in both the BSAI and GOA. Relative to Alternative 2, Alternative 1 could be considered less beneficial to small entities because all catch specifications would need to be maintained, and current constraints on the BSAI and GOA groundfish fisheries would continue. However, Alternative 2 (the proposed rule) also could be considered more restrictive to small entities than Alternative 1 if the prohibition on directed fishing for squids under the proposed rule limits future participants' ability to conduct directed fishing for squids more so than would occur under the status quo. Alternative 1 allows NMFS to determine annually whether to open a directed fishery for squids.

    Alternative 2 would classify squids in the BSAI and GOA in the EC category and implement a regulation prohibiting directed fishing for squids that could only be revised through subsequent rulemaking. However, the Council recommended and NMFS proposes that the benefits of the proposed rule to current fishery participants, including small entities, outweigh the potential future adverse impacts of the prohibition against directed fishing for squids. In addition, this provision can be re-evaluated by the Council and NMFS in the future if fishery participants want to develop directed fisheries for squids.

    Alternative 3 would classify squids in the groundfish FMPs as “non-target” species, in which case OFLs and ABCs would still be established but TAC would no longer be specified. Relative to Alternative 2, Alternative 3 is less beneficial to small entities because certain catch specifications and their associated fishery constraints would still need to be maintained. When comparing Alternatives 1 and 3, Alternative 3 would remove the requirement for setting TACs; however, the current potential constraints on other groundfish fisheries if an OFL or ABC for squids were achieved would continue, and therefore Alternative 3 is only slightly more beneficial than Alternative 1 to small entities.

    Collection-of-Information Requirements

    This proposed rule refers to collection-of-information (“recordkeeping and reporting”) requirements approved by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA). The relevant information collections are approved under OMB control number 0648-0213 (Alaska Region Logbook Family of Forms) and OMB control number 0648-0515 (Alaska Interagency Electronic Reporting System). The proposed rule would make minor revisions to these information collection requirements to clarify the location of the species code for squids in the tables to 50 CFR part 679. These revisions do not change the public reporting burden of the approved information collections or require revisions to the currently approved supporting statements for these collections.

    Send comments on these or any other aspects of the collection of information to NMFS Alaska Region at the ADDRESSES above, by email to [email protected], or by fax to (202) 395-5806.

    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 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: April 6, 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 679 is proposed to be amended as follows:

    PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA 1. The authority citation for part 679 continues to read as follows: Authority:

    16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; Pub. L. 108-447; Pub. L. 111-281.

    2. In § 679.2, add a definition for “Squids” in alphabetical order to read as follows:
    § 679.2 Definitions.

    Squids (see Table 2c to this part and § 679.20(i)).

    3. In § 679.5, revise paragraph (a)(3) introductory text, and paragraphs (c)(3)(vi)(F), and (c)(4)(vi)(E) to read as follows:
    § 679.5 Recordkeeping and reporting (R&R).

    (a) * * *

    (3) Fish to be recorded and reported. The operator or manager must record and report the following information (see paragraphs (a)(3)(i) through (iv) of this section) for all groundfish (see Table 2a to this part), prohibited species (see Table 2b to this part), forage fish (see Table 2c to this part), grenadiers (see Table 2c to this part), and squids (see Table 2c to this part). The operator or manager may record and report the following information (see paragraphs (a)(3)(i) through (iv) of this section) for non-groundfish (see Table 2d to this part):

    (c) * * *

    (3) * * *

    (vi) * * *

    (F) Species codes. The operator must record and report required information for all groundfish (see Table 2a to this part), prohibited species (see Table 2b to this part), forage fish (see Table 2c to this part), grenadiers (see Table 2c to this part), and squids (see Table 2c to this part). The operator may record and report information for non-groundfish (see Table 2d to this part).

    (4) * * *

    (vi) * * *

    (E) Species codes. The operator must record and report required information for all groundfish (see Table 2a to this part), prohibited species (see Table 2b to this part), forage fish (see Table 2c to this part), grenadiers (see Table 2c to this part), and squids (see Table 2c to this part). The operator may record and report information for non-groundfish (see Table 2d to this part).

    4. In § 679.20, revise paragraph (b)(2) introductory text, paragraph (i) heading, and paragraphs (i)(3), (i)(4), and (i)(5) to read as follows:
    § 679.20 General limitations.

    (b) * * *

    (2) GOA. Initial reserves are established for pollock, Pacific cod, flatfish, octopuses, sharks, and sculpins, which are equal to 20 percent of the TACs for these species or species groups.

    (i) Forage fish, grenadiers, and squids.

    (3) Closure to directed fishing. Directed fishing for forage fish, grenadiers, and squids is prohibited at all times in the BSAI and GOA.

    (4) Limits on sale, barter, trade, and processing. The sale, barter, trade, or processing of forage fish, grenadiers, and squids is prohibited, except as provided in paragraph (i)(5) of this section.

    (5) Allowable fishmeal production. Retained catch of forage fish, grenadiers, or squids not exceeding the maximum retainable amount may be processed into fishmeal for sale, barter, or trade.

    5. In § 679.22, revise paragraph (i) to read as follows:
    § 679.22 Closures.

    (i) Forage fish, grenadiers, and squids closures. See § 679.20(i)(3).

    6. Revise Table 2a to part 679 to read as follows: Table 2a to Part 679—Species Codes: FMP Groundfish Species description Code Atka mackerel (greenling) 193 Flatfish, miscellaneous (flatfish species without separate codes) 120 Flounder: Alaska plaice 133 Arrowtooth 121 Bering 116 Kamchatka 117 Starry 129 Octopuses 870 Pacific cod 110 Pollock 270 Rockfish: Aurora (Sebastes aurora) 185 Black (BSAI) (S. melanops) 142 Blackgill (S. melanostomus) 177 Blue (BSAI) (S. mystinus) 167 Bocaccio (S. paucispinis) 137 Canary (S. pinniger) 146 Chilipepper (S. goodei) 178 China (S. nebulosus) 149 Copper (S. caurinus) 138 Darkblotched (S. crameri) 159 Dusky (S. variabilis) 172 Greenstriped (S. elongatus) 135 Harlequin (S. variegatus) 176 Northern (S. polyspinis) 136 Pacific Ocean Perch (S. alutus) 141 Pygmy (S. wilsoni) 179 Quillback (S. maliger) 147 Redbanded (S. babcocki) 153 Redstripe (S. proriger) 158 Rosethorn (S. helvomaculatus) 150 Rougheye (S. aleutianus) 151 Sharpchin (S. zacentrus) 166 Shortbelly (S. jordani) 181 Shortraker (S. borealis) 152 Silvergray (S. brevispinis) 157 Splitnose (S. diploproa) 182 Stripetail (S. saxicola) 183 Thornyhead (all Sebastolobus species) 143 Tiger (S. nigrocinctus) 148 Vermilion (S. miniatus) 184 Widow (S. entomelas) 156 Yelloweye (S. ruberrimus) 145 Yellowmouth (S. reedi) 175 Yellowtail (S. flavidus) 155 Sablefish (blackcod) 710 Sculpins 160 Sharks: Other (if salmon, spiny dogfish or Pacific sleeper shark—use specific species code) 689 Pacific sleeper 692 Salmon 690 Spiny dogfish 691 Skates: Alaska (Bathyraja parmifera) 703 Aleutian (B. aleutica) 704 Whiteblotched (B. maculate) 705 Big (Raja binoculata) 702 Longnose (R. rhina) 701 Other (if Alaska, Aleutian, whiteblotched, big, or longnose skate—use specific species code) 700 Sole: Butter 126 Dover 124 English 128 Flathead 122 Petrale 131 Rex 125 Rock 123 Sand 132 Yellowfin 127 Turbot, Greenland 134 7. Revise Table 2c to part 679 to read as follows: Table 2c to Part 679—Species Codes: FMP Forage Fish Species (All Species of the Following Families), Grenadier Species, and Squids Species Identification Code Forage Fish: Bristlemouths, lightfishes, and anglemouths (family Gonostomatidae) 209 Capelin smelt (family Osmeridae) 516 Deep-sea smelts (family Bathylagidae) 773 Eulachon smelt (family Osmeridae) 511 Gunnels (family Pholidae) 207 Krill (order Euphausiacea) 800 Lanternfishes (family Myctophidae) 772 Pacific Sand fish (family Trichodontidae) 206 Pacific Sand lance (family Ammodytidae) 774 Pricklebacks, war-bonnets, eelblennys, cockscombs and Shannys (family Stichaeidae) 208 Surf smelt (family Osmeridae) 515 Grenadiers: Giant Grenadiers (Albatrossia pectoralis) 214 Other Grenadiers 213 Squid: Squids 875 BILLING CODE 3510-22-P 8. Revise Table 10 to part 679 to read as follows: EP11AP18.001 EP11AP18.002 EP11AP18.003 BILLING CODE 3510-22-C 9. Revise Table 11 to part 679 to read as follows: EP11AP18.004
    [FR Doc. 2018-07510 Filed 4-10-18; 8:45 am] BILLING CODE 3510-22-P
    83 70 Wednesday, April 11, 2018 Notices AFRICAN DEVELOPMENT FOUNDATION Public Quarterly Meeting of the Board of Directors AGENCY:

    United States African Development Foundation.

    ACTION:

    Notice of meeting.

    SUMMARY:

    The US African Development Foundation (USADF) will hold its quarterly meeting of the Board of Directors to discuss the agency's programs and administration.

    DATES:

    The meeting date is Tuesday, May 01, 9:00 a.m. to 12:00 p.m.

    ADDRESSES:

    The meeting location is USADF, 1400 I St. NW, Suite 1000, Washington, DC 20005.

    FOR FURTHER INFORMATION CONTACT:

    Marie-Cécile Groelsema, 202-233-8883.

    Authority:

    Public Law 96-533 (22 U.S.C. 290h).

    Dated: April 5, 2018. June B. Brown, General Counsel.
    [FR Doc. 2018-07385 Filed 4-10-18; 8:45 am] BILLING CODE 6117-01-P
    DEPARTMENT OF AGRICULTURE Rural Housing Service Section 538 Guaranteed Rural Rental Housing Program 2018 Industry Forums—Open Teleconference and/or Web Conference Meetings AGENCY:

    Rural Housing Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    This Notice announces a series of teleconference and/or web conference meetings regarding the U.S. Department of Agriculture (USDA) Section 538 Guaranteed Rural Rental Housing (GRRH) program, which are scheduled to occur during 2018 and 2019. This Notice also outlines suggested discussion topics for the meetings and is intended to notify the general public of their opportunity to participate in the teleconference and/or web conference meetings.

    DATES:

    See SUPPLEMENTARY INFORMATION section for dates.

    FURTHER CONTACT INFORMATION:

    Any member of the public wishing to register for the calls and obtain the call-in number, access code, web link and other information for any of the public teleconference and/or web conference meetings may contact Monica Cole, Financial and Loan Analyst, at: (202) 720-1251, fax: (844) 875-8075, or email: [email protected].

    SUPPLEMENTARY INFORMATION:

    The objectives of this series of teleconferences are as follows:

    • Enhance the effectiveness of the Section 538 GRRH program.

    • Update industry participants and Rural Housing Service (RHS) staff on developments involving the Section 538 GRRH program.

    • Enhance RHS' awareness of the market and other forces that impact the Section 538 GRRH program.

    Topics to be discussed could include, but will not be limited to, the following:

    • Updates on USDA's Section 538 GRRH program activities.

    • Perspectives on the current state of debt financing and its impact on the Section 538 GRRH program.

    • Enhancing the use of Section 538 GRRH program financing with the transfer and/or preservation of Section 515 developments.

    • The impact of the Low Income Housing Tax Credits program changes on Section 538 GRRH program financing.

    The dates and times for the teleconference and/or web conference meetings will be announced via email to parties registered as described below.

    Registration: Those who request registration less than 15 calendar days prior to the date of a teleconference and/or web conference meetings may not receive notice of that teleconference and/or web conference meeting, but will receive notice of future teleconference and/or web conference meetings. The Agency expects to accommodate each participant's preferred form of participation by telephone or via web link. However, if it appears that existing capabilities may prevent the Agency from accommodating all requests for one form of participation, each participant will be notified and encouraged to consider an alternative form of participation. Individuals who plan to participate and need reasonable accommodations or language translation assistance should inform Monica Cole within 10 business days in advance of the meeting date.

    Non-Discrimination Statement

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

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

    To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

    (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250-9410;

    (2) fax: (202) 690-7442; or

    (3) email: [email protected]

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

    Dated: April 4, 2018. Curtis M. Anderson, Acting Administrator, Rural Housing Service.
    [FR Doc. 2018-07462 Filed 4-10-18; 8:45 am] BILLING CODE 3410-XV-P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meetings of the Kansas Advisory Committee AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Kansas Advisory Committee (Committee) will hold a meeting on Friday, April 13, 2018 from 12:00 p.m.-1:30 p.m. Central time. The Committee will hear testimony as part of their current study on civil rights and school funding.

    DATES:

    The meeting will take place on Friday, April 13, 2018 from 12:00 p.m.-1:30 p.m. Central time.

    Public Call Information: (audio only) Dial: 888-661-5127, Conference ID: 6756270.

    Web Access Information: (visual only): https://cc.readytalk.com/r/yhgjd4l87x8o&eom.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Members of the public can listen to the discussion. This meeting is available to the public through the above listed toll free number (audio only) and web access link (visual only). Please use both the call in number and the web access link in order to fully access the meeting.

    An open comment period will be provided to allow members of the public to make a statement as time allows. The conference call operator will ask callers to identify themselves, the organization they are affiliated with (if any), and an email address prior to placing callers into the conference room. Callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-877-8339 and providing the Service with the conference call number and conference ID number.

    Members of the public are also entitled to submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Regional Programs Unit, U.S. Commission on Civil Rights, 55 W. Monroe St., Suite 410, Chicago, IL 60615. They may also be faxed to the Commission at (312) 353-8324, or emailed to Corrine Sanders at [email protected] Persons who desire additional information may contact the Regional Programs Unit at (312) 353-8311.

    Records generated from this meeting may be inspected and reproduced at the Regional Programs Unit Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Kansas Advisory Committee link (http://www.facadatabase.gov/committee/meetings.aspx?cid=249). Click on “meeting details” and then “documents” to download. Persons interested in the work of this Committee are directed to the Commission's website, http://www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address.

    Agenda Welcome and Introduction Panel Testimony: Civil Rights and School Funding in Kansas Public Comment Adjournment

    Exceptional Circumstance: Pursuant to 41 CFR 102-3.150, the notice for this meeting is given less than 15 calendar days prior to the meeting because of the exceptional circumstance of panelist availability.

    Dated: April 5, 2018. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2018-07383 Filed 4-10-18; 8:45 am] BILLING CODE 6335-01-P
    DEPARTMENT OF COMMERCE Economic Development Administration Notice of Petitions by Firms for Determination of Eligibility To Apply for Trade Adjustment Assistance AGENCY:

    Economic Development Administration, U.S. Department of Commerce.

    ACTION:

    Notice and opportunity for public comment.

    SUMMARY:

    The Economic Development Administration (EDA) has received petitions for certification of eligibility to apply for Trade Adjustment Assistance from the firms listed below. Accordingly, EDA has initiated investigations to determine whether increased imports into the United States of articles like or directly competitive with those produced by each of the firms contributed importantly to the total or partial separation of the firms' workers, or threat thereof, and to a decrease in sales or production of each petitioning firm.

    SUPPLEMENTARY INFORMATION:

    List of Petitions Received by EDA for Certification of Eligibility To Apply for Trade Adjustment Assistance [03/14/2018 through 04/03/2018] Firm name Firm address Date accepted

  • for
  • investigation
  • Product(s) The Conard Corporation 101 Commerce Street, Glastonbury, CT 06033 3/28/2018 The firm manufactures precision metal parts through photochemical machining processes. RSD Security Scanners, LLC 11900 Montana Avenue, El Paso, TX 79936 3/30/2018 The firm manufactures metal detectors, including walk-through, handheld, body-orifice, and bin-like metal detectors.

    Any party having a substantial interest in these proceedings may request a public hearing on the matter. A written request for a hearing must be submitted to the Trade Adjustment Assistance Division, Room 71030, Economic Development Administration, U.S. Department of Commerce, Washington, DC 20230, no later than ten (10) calendar days following publication of this notice. These petitions are received pursuant to section 251 of the Trade Act of 1974, as amended.

    Please follow the requirements set forth in EDA's regulations at 13 CFR 315.9 for procedures to request a public hearing. The Catalog of Federal Domestic Assistance official number and title for the program under which these petitions are submitted is 11.313, Trade Adjustment Assistance for Firms.

    Irette Patterson, Program Analyst.
    [FR Doc. 2018-07380 Filed 4-10-18; 8:45 am] BILLING CODE 3510-WH-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG154 Mid-Atlantic Fishery Management Council (MAFMC); Public Meeting AGENCY:

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

    ACTION:

    Notice of a public meeting.

    SUMMARY:

    The Mid-Atlantic Fishery Management Council (Council) will hold public meetings of the Council in conjunction with the Atlantic States Marine Fisheries Commission.

    DATES:

    The meeting will be held on Monday, April 30, 2018, from 10 a.m. to 4:45 p.m. For agenda details, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    Meeting address: The meeting will be held at The Westin Crystal City, 1800 S. Eads Street, Arlington, VA 22202, telephone: (888) 627-8209.

    Council address: Mid-Atlantic Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331 or on their website at www.mafmc.org.

    FOR FURTHER INFORMATION CONTACT:

    Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526-5255.

    SUPPLEMENTARY INFORMATION:

    The following items are on the agenda, though agenda items may be addressed out of order (changes will be noted on the Council's website when possible).

    Agenda Monday, April 30, 2018, 10 a.m. to 12 p.m. Summer Flounder Amendment

    Consider approval of the Summer Flounder Commercial Issues Amendment draft public hearing document

    Monday, April 30, 2018, 1 p.m. to 3 p.m. Summer Flounder, Scup, and Black Sea Bass Recreational Issues

    Review alternatives for Summer Flounder, Scup, and Black Sea Bass Framework/Addendum on recreational issues; Review Black Sea Bass February Recreational Fishery Harvest

    Monday, April 30, 2018, 3:15 p.m. to 4:45 p.m. Bluefish Amendment

    Review and consider approval of Public Information Document/Scoping Document for Allocation Amendment

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to M. Jan Saunders, (302) 526-5251, at least 5 days prior to the meeting date.

    Dated: April 6, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-07471 Filed 4-10-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG148 New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council) is scheduling a public meeting of its Fishery Data for Stock Assessment Working Group to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES:

    This meeting will be held on Thursday, April 26, 2018 at 10 a.m.

    ADDRESSES:

    Meeting address: The meeting will be held at the School for Marine Science and Technology (UMASS Dartmouth), 836 South Rodney French Boulevard, New Bedford, MA 02744; telephone: (508) 999-8193.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    SUPPLEMENTARY INFORMATION:

    Agenda

    The Fishery Data for Stock Assessment Working Group will start the meeting with welcoming and introductions as this is the first meeting of this working group. The group will review working group objectives and timeline. They will begin discussions on how the working group can meet the objective of how fishery dependent data can be used to inform stock abundance. The group will also identify work to address the four main deliverables. Other business may be discussed if necessary.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. This meeting will be recorded. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465-0492, at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 6, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-07469 Filed 4-10-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG155 Western Pacific Fishery Management Council; Public Meetings AGENCY:

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

    ACTION:

    Notice of public meetings and hearings.

    SUMMARY:

    The Western Pacific Fishery Management Council (Council) will convene a meeting of its Archipelagic Fishery Ecosystem Plan Team (FEP) and the Fishery Data Collection and Research Committee—Technical Committee (FDCRC-TC). The Archipelagic FEP Team will review the fishery performance, ecosystem consideration, and data integration chapter of the Stock Assessment and Fishery Evaluation (SAFE) Report for the Western Pacific region, conduct the evaluation of the 2017 catches to the 2017 Annual Catch Limits (ACL) for the coral reef, crustacean, and Territory bottomfish fisheries, review of the ecosystem component action, aquaculture, and crustacean Essential Fish Habitat (EFH) review. The FDCRC-TC will review the status of the data collection improvement efforts in the Western Pacific region, progress on the Pacific Island Fisheries Research Program, discuss the collection of fisheries data for management unit species (MUS) and Ecosystem Component Species (ECS), and the implementation of the Marine Recreational Information Program (MRIP)—Pacific Islands Regional Implementation Plan (PIRIP).

    DATES:

    The Archipelagic FEP Team meeting will be held between 8:30 a.m. and 5:00 p.m. on April 30—May 1, 2018. The FDCRC-TC will be held on May 2-3, 2018. For specific times and agendas, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The FEP Team and FDCRC-TC meetings will be held at the Western Pacific Regional Fishery Management Council Conference Room, 1164 Bishop St., Suite 1400, Honolulu, HI 96813; phone: (808) 522-8220.

    FOR FURTHER INFORMATION CONTACT:

    Kitty M. Simonds, Executive Director; phone: (808) 522-8220.

    SUPPLEMENTARY INFORMATION:

    Public comment periods will be provided throughout the agendas. The order in which agenda items are addressed may change. The meetings will run as late as necessary to complete scheduled business.

    Agenda for Archipelagic FEP Team Meeting Monday, April 30, 2018, 8:30 a.m. to 5 p.m. 1. Welcome and Introductions 2. Approval of Draft Agenda, 2017 Report and Assignment of Rapporteurs 3. Report on Previous Plan Team recommendations and Council Actions 4. 2017 Annual SAFE Report A. Fishery Performance 1. Archipelagic Fisheries Modules a. American Samoa 1. Coral Reef Fisheries 2. Bottomfish Fishery 3. Crustacean Fishery 4. Precious Coral Fishery b. Guam 1. Coral Reef Fisheries 2. Bottomfish Fishery 3. Crustacean Fishery 4. Precious Coral Fishery c. Commonwealth of the Northern Mariana Islands 1. Coral Reef Fisheries 2. Bottomfish Fishery 3. Crustacean Fishery 4. Precious Coral Fishery d. Hawaii 1. Coral Reef Fisheries (Commercial and Non-Commercial) 2. Bottomfish Fishery 3. Crustacean Fishery 4. Precious Coral Fishery 2. Discussions 3. Public Comment B. Ecosystem Considerations 1. Protected Species Section 2. Climate, Ecosystems and Biological Section a. Environmental and Climate Variables b. Life History and Length-Derived Variables 3. Habitat Section a. Crustacean EFH Review 4. Socioeconomics Section 5. Marine Planning Section 6. Discussions 7. Public Comment C. Administrative Reports 1. Number of Federal Permits 2. Regulatory Actions in 2017 3. Discussions 4. Public Comment D. Data Integration Chapter 1. Draft Data Integration Chapter 2. Predictive Mapping Tool in the Hawaii Non-Commercial Fisheries 3. Discussion on Moving the Analysis Forward for Chapter 3 4. Public Comment Tuesday, May 1, 2018, 8:30 a.m. to 5 p.m. 5. Web-Interface of the SAFE Report 6. Action Agenda Items A. Evaluating 2017 Catches to its Respective 2017 ACLs 1. Coral Reef Fisheries 2. Crustacean Fisheries 3. Territory Bottomfish Fisheries B. Ecosystem Component Amendment 1. Monitoring of Management Unit Species (MUS) and ECS 2. Changes in the SAFE report due to ECS Designation C. Omnibus Amendment to Establish an Aquaculture Management Program D. Main Hawaiian Islands Deep 7 Bottomfish Fishery 1. Stock Assessment for the Main Hawaiian Islands Deep 7 Bottomfish Complex 2018, with Catch Projections Through 2022 2. Risk of Overfishing (P*) Working Group Report on the Main Hawaiian Islands Deep 7 Bottomfish Fishery 3. Social, Economic, Ecological, and Management Uncertainty (SEEM) Working Group Report on the Main Hawaiian Islands Deep 7 Bottomfish Fishery E. Refining Precious Corals EFH—Plan Team Working Group Report F. Discussions G. Public Comment 7. Monitoring and Updating Priorities A. Council's 5-year Research Priorities B. Cooperative Research Priorities C. Management Strategy Evaluation Priorities 8. General Discussions 9. Fishery Ecosystem Plan Team Recommendations 10. Other Business Wednesday, May 2, 2018, 8:30 a.m. to 5 p.m. Agenda for FDCRC-TC Meeting 1. Welcome and Introductions 2. Approval of Draft Agenda, 2017 Report & Assignment of Rapporteurs 3. Report on Previous FDCRC-TC Recommendations and Council Actions 4. Piecing Together Current Efforts to Improve Fishery Data Collection 5. Status of the Fishery Dependent Data Collection Improvement Efforts A. American Samoa B. Guam C. CNMI D. Hawaii E. MRIP and Territory Science Initiative Projects F. Western Pacific Fishery Information Network Database Transition and Online Interface G. Discussions H. Public Comment 6. Updates on Ecosystem Monitoring and Research A. Life History Research B. Ecosystem Research C. Socio-Economics D. Guam Ecosystem Research E. Discussions F. Public Comment 7. Pacific Islands Fisheries Research Program A. Climate Change Impacts on the American Samoa Coral Reef Fisheries B. Bayesian Approach to Catch Estimation C. Hawaii and Guam Fishing Community Perceptions of the Marine Protected Area Siting Process and its Implications D. Discussions E. Public Comment 8. Marine Recreational Information Program/Territory Science Initiative A. MRIP Pacific Islands Regional Implementation Plan (MRIP PIRIP) B. Description of the Certification Process C. Discussion on the Preparation for the MRIP PIRIP Implementation D. Future of Territory Science Initiative E. Public Comment Thursday, May 3, 2018, 8:30 a.m. to 12 noon 9. MUS and ECS Monitoring A. Need for Monitoring Changes B. Discussion on Potential Changes in the Data Collection System C. Discussion on Potential Changes to the Database and Reporting D. Discussion on Potential Funding to Support the Data Collection Changes E. Discussion on Potential Legislative Support for Data Collection Changes F. Public Comment 10. General Discussions 11. Other Business 12. FDCRC-TC Recommendations Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kitty M. Simonds, (808) 522-8220 (voice) or (808) 522-8226 (fax), at least 5 days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 6, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-07472 Filed 4-10-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG137 Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of a public meeting.

    SUMMARY:

    The South Atlantic Fishery Management Council (Council) will hold a meeting of its Scientific and Statistical Committee (SSC) in Charleston, SC.

    DATES:

    The SSC will meet on Tuesday, May 1, 2018, from 8:30 a.m. to 5:30 p.m.; Wednesday, May 2, 2018, from 8:30 a.m. to 5:30 p.m.; and Thursday, May 3, 2018, from 8:30 a.m. to 3 p.m.

    ADDRESSES:

    The meeting will be held at the Town & Country Inn and Suites, 2008 Savannah Hwy., Charleston, SC 29407; phone: (800) 334-6660 or (843) 571-1000; fax: (843) 766-9444.

    Council address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N Charleston, SC 29405.

    FOR FURTHER INFORMATION CONTACT:

    Kim Iverson, Public Information Officer, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; phone: (843) 571-4366 or toll free: (866) SAFMC-10; fax: (843) 769-4520; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The following agenda items will be discussed by the SSC during the meeting:

    1. SSC member orientation the morning of May 1.

    2. Review the recommendations of the Blueline Tilefish Acceptable Biological Catch (ABC) Workgroup and recommend an ABC for Blueline Tilefish from Cape Hatteras, NC to the NC/VA border.

    3. Review the recommendations of the Red Snapper ABC Workgroup and recommend a method for determining an ABC for Red Snapper.

    4. Receive an update on ongoing research from the Southeast Fisheries Science Center.

    5. Review the Southeast Data, Assessment and Review (SEDAR) 56 Black Sea Bass standard stock assessment and provide fishing level recommendations.

    6. Review and provide comment on changes and decisions made concerning the Comprehensive ABC Control Rule Amendment during the March Council meeting.

    7. Review the SEDAR 55 Vermilion Snapper standard stock assessment and provide fishing level recommendations.

    8. Receive updates and progress reports on ongoing Council amendments and activities.

    9. Review and provide comment on regulations identified by the Council as being unneeded, outdated, or ineffective and that can be removed from current Fishery Management Plans.

    10. Review and comment on the appropriateness of the data used in the Wreckfish Individual Transferable Quota (ITQ) review.

    11. Review the most recent projections and available information for Golden Tilefish and recommend a revised ABC as appropriate.

    12. Receive updates on SEDAR projects, including the Cobia Stock Identification Workshop; approve the terms of reference, schedule, and identify participants for the Yellowtail Snapper, Cobia, Scamp, and King Mackerel assessments; and recommend assessment priorities for 2020 and beyond.

    13. Identify stocks to include as key stocks under the Long-Term Assessment Approach discussed at the October 2017 meeting; review and comment on the information available between assessments and the proposed interim analysis.

    14. Review the SSC's Socio-Economic Panel report.

    15. Elect a new chair and vice-chair.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Written comment on SSC agenda topics is to be distributed to the Committee through the Council office, similar to all other briefing materials. Written comment to be considered by the SSC shall be provided to the Council office no later than one week prior to an SSC meeting. For this meeting, the deadline for submission of written comment is 12 p.m., Tuesday, April 24, 2018.

    Multiple opportunities for comment on agenda items will be provided during SSC meetings. Open comment periods will be provided at the start of the meeting and near the conclusion. Those interested in providing comment should indicate such in the manner requested by the Chair, who will then recognize individuals to provide comment.

    Additional opportunities for comment on specific agenda items will be provided, as each item is discussed, between initial presentations and SSC discussion. Those interested in providing comment should indicate such in the manner requested by the Chair, who will then recognize individuals to provide comment. All comments are part of the record of the meeting.

    Special Accommodations

    This meeting is accessible to people with disabilities. Requests for auxiliary aids should be directed to the SAFMC office (see ADDRESSES) at least 10 business days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 6, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-07468 Filed 4-10-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG153 Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meetings AGENCY:

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

    ACTION:

    Notice of public meetings.

    SUMMARY:

    The South Atlantic Fishery Management Council (Council) will hold meetings of the following Citizen Science Advisory Panel Action Teams: Projects/Topics Management; Communication/Outreach/Education; and Data Management via webinar.

    DATES:

    The Projects/Topics Management Team will be held on Thursday, April 26, 2018 at 2 p.m.; Communication/Outreach/Education Team on Friday, April 27, 2018 at 10 a.m.; and Data Management Team on Friday, April 27, 2018 at 1 p.m. Each meeting is scheduled to last approximately 90 minutes. Additional Action Team webinar and plenary webinar dates and times will publish in a subsequent issue in the Federal Register.

    ADDRESSES:

    Meeting address: The meetings will be held via webinar and are open to members of the public. Webinar registration is required and registration links will be posted to the Citizen Science program page of the Council's website at www.safmc.net.

    Council address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N Charleston, SC 29405.

    FOR FURTHER INFORMATION CONTACT:

    Amber Von Harten, Citizen Science Program Manager, SAFMC; phone: (843) 302-8433 or toll free: (866) SAFMC-10; fax: (843) 769-4520; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Council created a Citizen Science Advisory Panel Pool in June 2017. The Council appointed members of the Citizen Science Advisory Panel Pool to five Action Teams in the areas of Volunteers, Data Management, Projects/Topics Management, Finance, and Communication/Outreach/Education to develop program policies and operations for the Council's Citizen Science Program.

    Each Action Team will meet to continue work on developing recommendations on program policies and operations to be reviewed by the Council's Citizen Science Committee. Public comment will be accepted at the beginning of the meeting. Items to be addressed during these meetings:

    1. Discuss work on tasks in the Terms of Reference 2. Other Business Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for auxiliary aids should be directed to the Council office (see ADDRESSES) 3 days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 6, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-07470 Filed 4-10-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG157 Fisheries of the Gulf of Mexico; Southeast Data, Assessment and Review (SEDAR); Public Meeting AGENCY:

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

    ACTION:

    Notice of SEDAR 61 Data Webinar for Gulf of Mexico red grouper.

    SUMMARY:

    The SEDAR 61 stock assessment process for Gulf of Mexico red grouper will consist of an In-person Workshop, and a series of data and assessment webinars. See SUPPLEMENTARY INFORMATION.

    DATES:

    The SEDAR 61 Data Webinar will be held May 1, 2018, from 3 p.m. to 4 p.m. Eastern Time.

    ADDRESSES:

    The meeting will be held via webinar. The webinar is open to members of the public. Those interested in participating should contact Julie A. Neer at SEDAR (see FOR FURTHER INFORMATION CONTACT) to request an invitation providing webinar access information. Please request webinar invitations at least 24 hours in advance of each webinar.

    SEDAR address: 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405.

    FOR FURTHER INFORMATION CONTACT:

    Julie A. Neer, SEDAR Coordinator; (843) 571-4366; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a multi-step process including: (1) Data Workshop, (2) a series of assessment webinars, and (3) A Review Workshop. The product of the Data Workshop is a report that compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The assessment webinars produce a report that describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The product of the Review Workshop is an Assessment Summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, HMS Management Division, and Southeast Fisheries Science Center. Participants include data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and NGO's; International experts; and staff of Councils, Commissions, and state and federal agencies.

    The items of discussion during the Data Webinar are as follows:

    Panelists will review the data sets being considered for the assessment and discuss initial modeling efforts.

    Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to the Council office (see ADDRESSES) at least 5 business days prior to each workshop.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: April 6, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-07474 Filed 4-10-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF843 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Alaska Liquefied Natural Gas (LNG) Project in Cook Inlet AGENCY:

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

    ACTION:

    Notice; receipt of application for letter of authorization; request for comments and information.

    SUMMARY:

    NMFS has received a request from the Alaska Gasline Development Corporation (AGDC) for authorization to take, by harassment, marine mammals incidental to constructing an integrated liquefied natural gas (LNG) project in Cook Inlet, Alaska, beginning November 2019 and continuing through October 2024. Pursuant to the implementing regulations of the Marine Mammal Protection Act (MMPA), NMFS is announcing our receipt of the AGDC's request for regulations governing the incidental taking of marine mammals and inviting information, suggestions, and comments on the AGDC's application and request.

    DATES:

    Comments and information must be received no later than May 11, 2018.

    ADDRESSES:

    Comments on the application should be addressed to Jolie Harrison, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3225. The mailbox address for providing email comments is [email protected].

    Instructions: NMFS is not responsible for email comments sent to addresses other than the one provided here. Comments sent via email, including all attachments, must not exceed a 10-megabyte file size. All comments received are a part of the public record and will generally be posted to www.nmfs.noaa.gov/pr/permits/incidental/construction.htm without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information.

    FOR FURTHER INFORMATION CONTACT:

    Shane Guan, Office of Protected Resources, NMFS, (301) 427-8401.

    SUPPLEMENTARY INFORMATION: Availability

    An electronic copy of the AGDC's application may be obtained online at: www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm.

    Background

    Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (Secretary) to allow, upon request, the incidental, but not intentional taking of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) if certain findings are made and regulations are issued or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review.

    Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking are set forth.

    NMFS has defined “negligible impact” in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.

    Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).

    The use of sound sources such as those described in the application (e.g., pile driving) may result in the take of marine mammals through disruption of behavioral patterns or may cause auditory injury of marine mammals. Therefore, incidental take authorization under the MMPA is warranted.

    Summary of Request

    On April 18, 2017, NMFS received an application from the AGDC requesting authorization to take a small number of humpback whale, beluga whale, killer whale, harbor porpoise, and harbor seal, by Level B harassment, incidental to noise exposure resulting from constructing LNG facilities in Cook Inlet, Alaska from 2019 to 2023. AGDC's request is for take of five species of marine mammals, by Level B harassment only. Neither AGDC nor NMFS expects injury, serious injury, or mortality to result from this activity. NMFS provided questions and comments to AGDC after receiving the initial application regarding the scope of the project and impact analysis. AGDC submitted a modified request on February 23, 2018 and NMFS deemed the application adequate and complete on March 14, 2018.

    Description of the Specified Activity

    AGDC proposes to construct facilities to transport and offload LNG in Cook Inlet, AK, for export. The Project activities include:

    • Construction of the proposed Marine Terminal in Cook Inlet, including construction of a temporary Material Offloading Facility (MOF) and a permanent Product Loading Facility (PLF).

    • Construction of the Mainline across Cook Inlet, including the potential construction of a Mainline MOF on the west side of Cook Inlet.

    Components of proposed construction activities in Cook Inlet that have the potential to expose marine mammals to received acoustic levels that could result in take include:

    • Vibratory and impact pile driving associated with MOF and PLF construction.

    • Anchor handling associated with pipelay across the Cook Inlet.

    For pile driving over the project duration, a total of 130 48-inch (-in) and 201 60-in steel piles would be installed using impact hammers for the PLF construction. A total of 7 24-in and 28 48-in steel piles would be installed using impact hammers and 66 18-in and 35 60-in steel piles using vibratory hammers for the MOF construction. In addition, approximately 6,700 feet and 670 feet of sheet pile would be installed using a vibratory and impact hammer, respectively, for the MOF construction.

    For anchor handling, a total of 5.75 and 13.25 hours of activities are assessed for mooring/pipe trenching and pipelaying in Seasons 3 and 4, respectively.

    The LNG facility construction activities are anticipated to begin in late 2019 and take approximately four years to complete. However, the rule will cover a five-year period to encompass additional time should delays occur.

    A suite of proposed mitigation and monitoring measures for marine mammals that could potentially be taken during in-water construction activities includes: (1) Establishing and monitoring Level A and Level B zones with protected species observers (PSOs), (2) establishing a 100-m shutdown zone and implementing shutdown measures when an animal is detected to approaching the shutdown zone, and (3) limiting pile driving activities to daylight hours only.

    Information Solicited

    Interested persons may submit information, suggestions, and comments concerning the AGDC's request (see ADDRESSES). NMFS will consider all information, suggestions, and comments related to the AGDC's request and NMFS' potential development and implementation of regulations governing the incidental taking of marine mammals by the AGDC's LNG facility construction in Cook Inlet.

    Dated: April 6, 2018. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2018-07465 Filed 4-10-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG156 Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings AGENCY:

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

    ACTION:

    Notice of a public meeting.

    SUMMARY:

    The Mid-Atlantic Fishery Management Council (Council) will hold a public workshop to provide a forum for fishermen, managers, and scientists from the United States and European Union to interact and discuss possible solutions to the complex problems associated with the small-mesh pelagic fisheries in their respective regions.

    DATES:

    The meeting will be held Tuesday, May 1, 2018 through Thursday, May 3, 2018. For agenda details, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The meeting will be held at: the Beauport Hotel Gloucester, 55 Commercial Street, Gloucester, MA 01930, telephone: (844) 282-0008.

    Council address: Mid-Atlantic Fishery Management Council, 800 N State St., Suite 201, Dover, DE 19901; telephone: (302) 674-2331.

    FOR FURTHER INFORMATION CONTACT:

    Christopher M. Moore, Ph.D. Executive Director, Mid-Atlantic Fishery Management Council; telephone: (302) 526-5255.

    SUPPLEMENTARY INFORMATION:

    The workshop will involve a combination of presentations, group discussions, and field trips designed to give participants first-hand knowledge of local fishery operations and issues. A detailed agenda and additional information are available on the Council's website at http://www.mafmc.org/workshop/us-eu-pelagics-workshop.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to M. Jan Saunders, (302) 526-5251, at least 5 days prior to the meeting date.

    Dated: April 6, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-07473 Filed 4-10-18; 8:45 am] BILLING CODE 3510-22-P
    COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities Under OMB Review AGENCY:

    Commodity Futures Trading Commission.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act (PRA), this notice announces that the Information Collection Request (“ICR”) abstracted below has been forwarded to the Office of Management and Budget (“OMB”) for review and comment. The ICR describes the nature of the information collections and its expected costs and burden.

    DATES:

    Comments must be submitted on or before May 11, 2018.

    ADDRESSES:

    Comments regarding the burden estimate or any other aspect of the information collections, including suggestions for reducing the burden, may be submitted directly to the Office of Information and Regulatory Affairs (“OIA”) in OMB within 30 days of this notice's publication by either of the following methods. Please identify the comments by “OMB Control Nos. 3038-0052 or 3038-0074.”

    By email addressed to: [email protected] or

    By mail addressed to: The Office of Information and Regulatory Affairs, Office of Management and Budget, Attention Desk Officer for the Commodity Futures Trading Commission, 725 17th Street NW, Washington, DC 20503.

    A copy of all comments submitted to OIRA should be sent to the Commodity Futures Trading Commission (“CFTC” or “Commission”) by either of the following methods. The copies should refer to “OMB Control Nos. 3038-0052 or 3038-0074.”

    By mail addressed to: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581;

    • By Hand Delivery/Courier to the same address; or

    • Through the Commission's website at http://comments.cftc.gov. Please follow the instructions for submitting comments through the website.

    Please submit your comments using only one method. A copy of the supporting statements for the collection of information discussed herein may be obtained by visiting http://RegInfo.gov.

    All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to http://www.cftc.gov. You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission's regulations.1

    1 17 CFR 145.9.

    The Commission reserves the right, but shall have no obligation, to review, pre-screen, filter, redact, refuse or remove any or all of your submission from http://www.cftc.gov that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the ICR will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under the Freedom of Information Act.

    FOR FURTHER INFORMATION CONTACT:

    David Steinberg, Associate Director, Division of Market Oversight, Commodity Futures Trading Commission, 202-418-5102 or [email protected], and refer to OMB Control Nos. 3038-0052 or 3038-0074.

    SUPPLEMENTARY INFORMATION:

    Title: Core Principles and Other Requirements for Designated Contract Markets (OMB Control No. 3038-0052), and Core Principles and Other Requirements for Swap Execution Facilities (OMB Control No. 3038-0074). This is a request for an extension of currently approved information collections.

    Abstract: The regulations governing designated contract markets (“DCMs”) were adopted pursuant to the requirements of the Commodity Futures Modernization Act of 2000 (“CFMA”).2 Part 38 of the Commission's regulations governs the activities of DCMs. The information collected pursuant to part 38 is necessary for the Commission to evaluate whether entities operating as, or applying to become DCMs, comply with the part 38 requirements including 23 core principles. Collection 3038-0052 was created in response to the part 38 regulatory requirements for DCMs.

    2 7 U.S.C. 1 et seq.

    In June 2012, the Commission implemented core principles and other requirements for DCMs (“DCM Final Rules”).3 The Commission stated in the DCM Final Rules that 18 DCMs were registered with the Commission.4 However, since publication of the DCM Final Rules, the number of DCMs registered with the Commission has decreased from 18 to 15. Accordingly, the Commission is revising the below burden statement for OMB Control No 3038-0052 to account for the decrease in the number of registered DCMs.

    3 77 FR 36612 (June 19, 2012).

    4Id. at 36663.

    Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) added new section 5h to the Commodity Exchange Act (“CEA”) to impose requirements concerning the registration and operation of swap execution facilities (“SEFs”), which the Commission has incorporated in part 37 of its regulations. These information collections are needed for the Commission to ensure that SEFs comply with these requirements. Among other requirements, part 37 of the Commission's regulations imposes SEF registration requirements for a trading platform or system, obligates SEFs to provide transaction confirmations to swap counterparties, and requires SEFs to comply with 15 core principles. Collection 3038-0074 was created in response to the part 37 regulatory requirements for SEFs.

    In September 2016, the Commission published a 30-Day Notice of Intent to Renew Collection 3038-0074 (30-Day Renewal Notice) and stated that 23 SEFs were registered with the Commission.5 However, since publication of the 30-day Renewal Notice, the Commission has granted permanent registration to two additional SEFs, for a total of 25 registered SEFs. Therefore, the Commission is revising the below burden statement for OMB Control No. 3038-0074 to account for the increase in the number of registered SEFs.

    5 81 FR 65630 (Sept. 23, 2016).

    In January 2018, the Commission adopted regulation 9.11(b)(3)(ii) requiring a DCM or SEF (collectively, “exchange”) to include two additional elements in the disciplinary or access denial notice action provided to the National Futures Association.6 First, an exchange must include the type of product (as applicable) involved in the adverse action.7 Requiring an exchange to provide this information in the disciplinary or access denial notice will provide the Commission, market participants, the public, and other exchanges with greater transparency concerning where market abuses originate and whether the abuses are concentrated among certain product types. Second, an exchange must indicate in its notice of disciplinary or access denial actions whether the violation underlying the notice resulted in financial harm to any customers. This requirement codifies the clarification contained in an advisory previously issued by the Commission (“Part 9 Advisory”).8 The Commission believes that the inclusion of customer harm is essential because it cannot effectively perform its regulatory and oversight functions without knowledge of those instances in which brokers violate their fiduciary duty to customers by taking advantage of customer orders and engaging in fraudulent activity. The collections of information are mandatory.

    6 83 FR 1538 (Jan. 12, 2018).

    7 For example, a product trading on a DCM might be specified as a July 2016 Eurodollar future; while a product trading on a SEF may be a CDX North American High Yield Series 26 5 year.

    8 The Part 9 Advisory permitted an exchange to file disciplinary or access denial notices with the Commission or the National Futures Association. 64 FR 39915 (July 23, 1999).

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the CFTC's regulations were published on December 30, 1981. See 46 FR 63035 (Dec. 30, 1981).

    The Federal Register notice with a 60-day comment period soliciting comments on this collection of information was published on January 12, 2018 (83 FR 1609). The Commission did not receive any comments addressing the 60-day Notice.

    Burden Statement: The Commission believes that the additional burden for an exchange to add the two additional elements in the contents of the disciplinary or access denial notice is de minimis.9 Accordingly, the Commission is maintaining its current estimate of the burden for both collections as result of these reporting requirements. However, the Commission is amending its estimates for the collections to account for the change in the number of DCMs and SEFs currently registered with the Commission. The current respondent burden for these collections are estimated to be as follows:

    9 The Commission stated in the Notice of Proposed Rulemaking that the burden associated with Commission regulation 9.11(b)(3)(ii) requiring an exchange to specify the product involved in the disciplinary or access denial action would be de minimis. 82 FR 7745 (Jan. 23, 2017). The Commission did not receive any comments regarding this determination. The Commission estimates that it will take an exchange just a few seconds to add the product involved in the adverse action and whether the violation underlying the notice resulted in financial harm to any customers.

    • OMB Control No. 3038-0052 (Core Principles and Other Requirements for Designated Contract Markets)

    Number of Respondents: 15.

    Estimated Annual Burden Hours per Respondent: 490.5.

    Estimated Total Annual Burden Hours on Respondents: 7,357.5.

    Frequency of Collection: As applicable.

    • OMB Control No. 3038-0074 (Core Principles and Other Requirements for Swap Execution Facilities)

    Number of Respondents: 25.

    Estimated Annual Burden Hours per Respondent: 1,000.

    Estimated Total Annual Burden Hours on Respondents: 25,000.10

    10 The Commission notes that collection 3038-0074 includes an additional 1,200 burden hours for SEF registration applicants that have not been affected by this amendment. Therefore, the total burden for this collection is 26,200 hours.

    Frequency of Collection: As applicable.

    The regulations require no new startup or operations and maintenance costs.

    (Authority: 44 U.S.C. 3501 et seq.) Dated: April 5, 2018. Robert N. Sidman, Deputy Secretary of the Commission.
    [FR Doc. 2018-07365 Filed 4-10-18; 8:45 am] BILLING CODE 6351-01-P
    DEPARTMENT OF DEFENSE Department of the Navy Notice of Availability of Government-Owned Inventions; Available for Licensing AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice.

    SUMMARY:

    The Department of the Navy (DoN) announces the availability of the inventions listed below, assigned to the United States Government, as represented by the Secretary of the Navy, for domestic and foreign licensing by the Department of the Navy.

    ADDRESSES:

    Requests for copies of the patents cited should be directed to Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Christopher Monsey, Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001, Email [email protected]

    SUPPLEMENTARY INFORMATION:

    The following patent is available for licensing: Patent No. 9,927,482 (Navy Case No. 200248): ELECTROSTATIC PROTECTION TESTING, MONITORING, AND HUMAN-MACHINE VISUAL INTERFACE SYSTEM AND METHODS OF USE.

    Authority:

    35 U.S.C. 207, 37 CFR part 404.

    Dated: April 5, 2018. E.K. Baldini, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2018-07436 Filed 4-10-18; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF DEFENSE Department of the Navy Notice of Availability of Government-Owned Inventions; Available for Licensing AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice.

    SUMMARY:

    The Department of the Navy (DoN) announces the availability of the inventions listed below, assigned to the United States Government, as represented by the Secretary of the Navy, for domestic and foreign licensing by the Department of the Navy.

    ADDRESSES:

    Requests for copies of the patent applications cited should be directed to Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Christopher Monsey, Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001, Email [email protected], 812-854-2777.

    SUPPLEMENTARY INFORMATION:

    The following patent application is available for licensing: Patent Application No. 62/632,550 (Navy Case No. 200456): HYPER-COMPACT ELECTRIC ALL-TERRAIN VEHICLE DRIVETRAIN AND CONVERSION KIT.

    Authority:

    35 U.S.C. 207, 37 CFR part 404.

    Dated: April 5, 2018. E.K. Baldini, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2018-07453 Filed 4-10-18; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP18-10-000] Notice of Schedule for Environmental Review of the Enbridge—Texas Eastern Transmission, L.P. Tx—La Markets Project

    On October 19, 2017, Enbridge—Texas Eastern Transmission, L.P. (Texas Eastern) filed an application in Docket No. CP18-10-000 requesting a Certificate of Public Convenience and Necessity pursuant to section 7(c) of the Natural Gas Act to construct and operate certain natural gas facilities. The proposed project is known as the TX—LA Markets Project (Project), and would involve modifications to Texas Eastern's existing Gillis Compressor Station in Beauregard Parish, Louisiana.

    On October 31, 2017, the Federal Energy Regulatory Commission (Commission or FERC) issued its Notice of Application for the Project. Among other things, that notice alerted agencies issuing federal authorizations of the requirement to complete all necessary reviews and to reach a final decision on a request for a federal authorization within 90 days of the date of issuance of the Commission staff's Environmental Assessment (EA) for the Project. This instant notice identifies the FERC staff's planned schedule for the completion of the EA for the Project.

    Schedule for Environmental Review Issuance of EA May 31, 2018 90-day Federal Authorization Decision Deadline August 29, 2018

    If a schedule change becomes necessary, additional notice will be provided so that the relevant agencies are kept informed of the Project's progress.

    Project Description

    The proposed modifications to the Gillis Compressor Station in Beauregard Parish, Louisiana would consist of the installation of two gas cooling bays and installation of two new impellers for the existing compressor units.

    Background

    On December 6, 2017, the Commission issued a Notice of Intent to Prepare an Environmental Assessment for the Proposed TX—LA Markets Project and Request for Comments on Environmental Issues (NOI). The NOI was sent to affected landowners; federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers. No comments were received in response to the NOI.

    Additional Information

    In order to receive notification of the issuance of the EA and to keep track of all formal issuances and submittals in specific dockets, the Commission offers a free service called eSubscription. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Additional information about the Project is available from the Commission's Office of External Affairs at (866) 208-FERC or on the FERC website (www.ferc.gov). Using the “eLibrary” link, select “General Search” from the eLibrary menu, enter the selected date range and “Docket Number” excluding the last three digits (i.e., CP18-10), and follow the instructions. For assistance with access to eLibrary, the helpline can be reached at (866) 208-3676, TTY (202) 502-8659, or at [email protected] The eLibrary link on the FERC website also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings.

    Dated: April 5, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-07491 Filed 4-10-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL18-133-000] Notice of Institution of Section 206 Proceeding and Refund Effective Date; Illinois Power Resources Generating, LLC

    On April 5, 2018, the Commission issued an order in Docket No. EL18-133-000, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. 824e (2012), instituting an investigation into whether Illinois Power Resources Generating, LLC's rates for Reactive Service may be unjust and unreasonable. Illinois Power Resources Generating, LLC, 163 FERC ¶ 61, 015 (2018).

    The refund effective date in Docket No. EL18-133-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the Federal Register.

    Any interested person desiring to be heard in Docket No. EL18-133-000 must file a notice of intervention or motion to intervene, as appropriate, with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, in accordance with Rule 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.214, within 21 days of the date of issuance of the order.

    Dated: April 5, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-07492 Filed 4-10-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. AC18-57-000] Notice of Petition for Waiver; Black Hills Shoshone Pipeline, LLC

    Take notice that on March 13, 2018, Black Hills Shoshone Pipeline, LLC filed a petition for a new two-year waiver of the requirement that an independent certified public accountant attest to the conformity of the content set out in Black Hills Shoshone's FERC Form No. 2-A, reflecting activity for 2017.1

    1 18 CFR 158.11.

    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.

    Comments: 5:00 p.m. Eastern Time on May 7, 2018.

    Dated: April 5, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-07490 Filed 4-10-18; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2008-0707; FRL-9976-27-OAR] Proposed Information Collection Request; Comment Request; Data Reporting Requirements for State and Local Vehicle Emission Inspection and Maintenance (I/M) Programs AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency is planning to submit an information collection request (ICR), “Data Reporting Requirements for State and Local Vehicle Emission Inspection and Maintenance (I/M) Programs” (EPA ICR No.1613.06, OMB Control No. 2060-0252) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through October 31, 2018. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Comments must be submitted on or before June 11, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID No. EPA-HQ-OAR-2008-0707, online using www.regulations.gov (our preferred method), or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Dave Sosnowski, Office of Transportation and Air Quality, U.S. Environmental Protection Agency, 2000 Traverwood, Ann Arbor, Michigan 48105; telephone number: 734-214-4823; fax number: 734-214-4052; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Pursuant to section 3506(c)(2)(A) of the Paperwork Reduction Act (PRA), EPA is soliciting comments and information to enable it to: (i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.

    Abstract: Clean Air Act section 182 and EPA's regulations (40 CFR part 51, subpart S) establish the requirements for state and local inspection and maintenance (I/M) programs that are included in state implementation plans (SIPs). To provide general oversight and support to these programs, EPA requires that state agencies with basic and enhanced I/M programs collect two varieties of reports for submission to the Agency:

    • An annual report providing general program operating data and summary statistics, addressing the program's current design and coverage, a summary of testing data, enforcement program efforts, quality assurance and quality control efforts, and other miscellaneous information allowing for an assessment of the program's relative effectiveness; and

    • A biennial report on any changes to the program over the two-year period and the impact of such changes, including any deficiencies discovered and corrections made or planned.

    General program effectiveness is determined by the degree to which a program misses, meets, or exceeds the emission reductions committed to in the state's approved SIP, which, in turn, must meet or exceed the minimum emission reductions expected from the relevant performance standard, as promulgated under 40 CFR part 51, subpart S, in response to requirements established in section 182 of the Clean Air Act. This information is used by EPA to determine a program's progress toward meeting requirements under 40 CFR part 51, subpart S, and to provide background information in support of program evaluations. Additional information regarding the current renewal of this ICR as well as previous renewals can be found in Docket ID No. EPA-HQ-OAR-2008-0707.

    The following statistics and responses apply to the ICR proposed for renewal.

    Form numbers: None.

    Respondents/affected entities: State I/M program managers.

    Respondent's obligation to respond: Mandatory (40 CFR 51.366).

    Estimated number of respondents: 28 (total).

    Frequency of response: Annual and biennial.

    Total estimated burden: 2,408 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $152,544 (per year), includes $0 annualized capital or operation and maintenance costs.

    Changes in estimates: There is no change in the total estimated respondent burden compared with the ICR currently approved by OMB.

    Dated: March 23, 2018. Karl Simon, Director, Transportation and Climate Division, Office of Transportation and Air Quality, Office of Air and Radiation.
    [FR Doc. 2018-07511 Filed 4-10-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2018-0175; FRL-9976-32] Safer Choice Partner & Stakeholder Summit 2018; Notice of Public Meeting AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The EPA Safer Choice program will hold its third Safer Choice Partner & Stakeholder Summit. Safer Choice partners with manufacturers to label cleaning and other products so consumers and commercial buyers can easily find products with chemical ingredients that are safer for people and the environment. The Summit provides an opportunity for partners, purchasers, retailers, NGOs, trade associations, chemical manufacturers, and other interested stakeholders to collaborate on exploring issues and developing solutions that can advance Safer Choice. The meeting will include informational and breakout sessions, with a focus on dialogue and active participation.

    DATES:

    The Safer Choice Partner & Stakeholder Summit 2018 will be held on May 14, 2018, from 8:00 a.m. to 5:00 p.m. EDT.

    To request accommodation of a disability, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request.

    ADDRESSES:

    The meeting will be held at the Gaylord National Resort & Convention Center, 201 Waterfront Street, Oxon Hill, MD 20745.

    FOR FURTHER INFORMATION CONTACT:

    Tony Thompson, Chemistry, Economics and Sustainable Strategies Division (7406M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 564-2296; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

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

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

    NAICS Code Affected Industry 325510 Paint and Coating Manufacturing. 325611 Soap and Other Detergent Manufacturing. 325612 Polish and Other Sanitation Good Manufacturing. 325910 Printing Ink Manufacturing. 325992 Photographic Film, Paper, Plate, and Chemical Manufacturing. 325998 All Other Miscellaneous Chemical Product and Preparation. Manufacturing 561210 Facilities Support Services. 561720 Janitorial Services. 561740 Carpet and Upholstery Cleaning Services. 611310 Colleges, Universities, and Professional Schools. 8123 Dry Cleaning and Laundry Services. 921190 Other General Government Support. II. Background

    EPA's mission is to protect the health of people and the environment. To further that mission, EPA certifies cleaning and other products so consumer and commercial buyers can easily find ones made with chemical ingredients that are safer for people and the environment. The Summit provides an opportunity to explore topics of importance to stakeholders and the program and a forum for dialogue on ways to continue to improve the program, advance safer chemistry, and increase awareness of the Safer Choice label.

    III. How can I request to participate in this meeting?

    Registration—To attend the Summit, you may register online here: https://www.eventbrite.com/e/us-epa-safer-choice-partner-stakeholder-summit-2018-registration-43987871909?aff.

    Authority:

    15 U.S.C. 2601 et seq.

    Dated: April 5, 2018. Charlotte Bertrand, Acting Principal Deputy Assistant Administrator, Office of Chemical Safety and Pollution Prevention.
    [FR Doc. 2018-07517 Filed 4-10-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-SFUND-2013-0549; FRL-9976-63-OLEM] Agency Information Collection Activities; Proposed Collection; Comment Request; Notification of Episodic Releases of Oil and Hazardous Substances (Renewal); EPA ICR No. 1049.14 AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency is planning to submit an information collection request (ICR), (EPA ICR No. 1049.14, OMB Control No. 2050-0046) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act. Before doing so, EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through September 30, 2018. An Agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    DATES:

    Comments must be submitted on or before June 11, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID No. EPA-HQ-SFUND-2013-0549, online using www.regulations.gov (our preferred method), by email to [email protected] or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.

    EPA's policy is that all comments received will be included in the public docket without change including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Sicy Jacob, Office of Emergency Management, (5104A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202) 564-8019; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Supporting documents which explain in detail the information that the EPA will be collecting are available in the public docket for this ICR. The docket can be viewed online at www.regulations.gov or in person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone number for the Docket Center is 202-566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting comments and information to enable it to: (i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (ii) evaluate the accuracy of the Agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (iii) enhance the quality, utility, and clarity of the information to be collected; and (iv) minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval. At that time, EPA will issue another Federal Register notice to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB.

    Abstract: Section 103(a) of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, requires the person in charge of a facility or vessel to immediately notify the National Response Center (NRC) of a hazardous substance release into the environment if the amount of the release equals or exceeds the substance's reportable quantity (RQ) limit. The RQs for the hazardous substance can be found in Table 302.4 of 40 CFR 302.4.

    Section 311 of the Clean Water Act (CWA), as amended, requires the person in charge of a vessel to immediately notify the NRC of an oil spill into U.S. navigable waters if the spill causes a sheen, violates applicable water quality standards, or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.

    The reporting of a hazardous substance release that is at or above the substance's RQ allows the Federal government to determine whether a Federal response action is required to control or mitigate any potential adverse effects to public health or welfare or the environment. Likewise, the reporting of oil spills allows the Federal government to determine whether cleaning up the oil spill is necessary to mitigate or prevent damage to public health or welfare or the environment. The hazardous substance and oil release information collected under CERCLA section 103(a) and CWA section 311 also is available to EPA program offices and other Federal agencies that use the information to evaluate the potential need for additional regulations, new permitting requirements for specific substances or sources, or improved emergency response planning. Release notification information, which is stored in the national Emergency Response Notification System (ERNS) data base, is available to state and local government authorities as well as the general public. State and local government authorities and the regulated community use release information for purposes of local emergency response planning. Members of the general public, who have access to release information through the Freedom of Information Act, may request release information for purposes of maintaining an awareness of what types of releases are occurring in different localities and what actions, if any, are being taken to protect public health and welfare and the environment. ERNS fact sheets, which provide summary and statistical information about hazardous substance and oil release notifications, also are available to the public. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR part 9.

    Form numbers: None.

    Respondents/affected entities: Facilities and vessels that may have releases of any hazardous substance or oil at or above its RQ.

    Respondent's obligation to respond: Mandatory under CERCLA section 103(a).

    Estimated number of respondents: 18,447

    Frequency of response: As releases occur from a facility or a vessel.

    Total estimated burden: Hours (per year). 75,633 hours per year.

    Estimated total annual costs: $3,951,938. This cost includes an estimated labor cost of $3,951,938 and an estimated cost of $0 for capital investment or maintenance and operational costs.

    Changes in estimates: There is a decrease of 22,209 hours per year in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease reflects EPA's expected decrease in the projected number of release notifications per year.

    Dated: April 4, 2018. Reggie Cheatham, Director, Office of Emergency Management.
    [FR Doc. 2018-07515 Filed 4-10-18; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [CC Docket No. 92-237; DA 18-321] April and May Meetings of the North American Numbering Council AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice.

    SUMMARY:

    In this document, the Commission released a public notice announcing the April and May meetings of the North American Numbering Council (NANC). At the April meeting, which will be conducted by conference call, the NANC will consider a recommendation from its Call Authentication Trust Anchor Issues Working Group. At the May meeting, the NANC will consider recommendations from the Toll Free Numbering Modernization Issues Working Group and the Nationwide Number Portability Issues Working Group. In addition, the NANC will continue its discussions on how to modernize and foster more efficient number administration in the United States. The NANC meetings are open to the public. The FCC will accommodate as many attendees as possible; however, admittance will be limited to seating availability. The Commission will also provide audio coverage of the meeting. Other reasonable accommodations for people with disabilities are available upon request. Request for such accommodations should be submitted via email to [email protected] or by calling the Consumer and governmental Affairs Bureau @(202) 418-0530 (voice) (202) 418-0432 (TTY). Such requests should include a detailed description of the accommodation needed. In addition, please allow at least five days advance notice for accommodation requests; last minute requests will be accepted but may not be possible to accommodate.

    Members of the public may submit comments to the NANC in the FCC's Electronic Comment Filing System, ECFS, at www.fcc.gov/ecfs. Comments to the NANC should be filed in cc Docket No. 92-237.

    More information about the NANC is available at https://www.fcc.gov/about-fcc/advisory-committees/general/north-american-numbering-council. You may also contact Marilyn Jones, DFO of the NANC, at [email protected], or (202) 418-2357, Michelle Sclater, Alternate DFO, at [email protected], or (202) 418- 0388; or Carmell Weathers, special assistant to the DFO, at [email protected], or (202) 418-2325.

    DATES:

    Friday, April 27, 2018, 9:30 a.m. and May 23, 2018, 9:30 a.m.

    ADDRESSES:

    Requests to make an oral statement or provide written comments to the NANC should be sent to Carmell Weathers, Competition Policy Division, Wireline Competition Bureau, Federal Communications Commission, Portals II, 445 12th Street SW, Room 5-C162, Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Carmell Weathers at (202) 418-2325 or [email protected] The fax number is: (202) 418-1413. The TTY number is: (202) 418-0484.

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's document in CC Docket No. 92-237, DA 18-327 released March 30, 2018. The complete text in this document is available for public inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW, Room CY-A257, Washington, DC 20554. The document may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., 445 12th Street SW, Room CY-B402, Washington, DC 20554, telephone (800) 378-3160 or (202) 863-2893, facsimile (202) 863-2898, or via the internet at http://www.bcpiweb.com. It is available on the Commission's website at http://www.fcc.gov.

    *The Agenda may be modified at the discretion of the NANC Chairman with the approval of the Designated Federal Officer (DFO).

    Federal Communications Commission. Marilyn Jones, Senior Counsel for Number Administration, Wireline Competition Bureau.
    [FR Doc. 2018-07386 Filed 4-10-18; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0645] Information Collection Being Submitted for Review and Approval to the Office of Management and Budget AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The Commission may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written comments should be submitted on or before May 11, 2018. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicholas A. Fraser, OMB, via email [email protected]; and to Cathy Williams, FCC, via email [email protected] and to [email protected] Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION below.

    FOR FURTHER INFORMATION CONTACT:

    For additional information or copies of the information collection, contact Cathy Williams at (202) 418-2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the web page called “Currently Under Review,” (3) click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading, (4) select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box, (5) click the “Submit” button to the right of the “Select Agency” box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed.

    SUPPLEMENTARY INFORMATION:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    OMB Control Number: 3060-0645.

    Title: Sections 17.4, 17.48 and 17.49, Antenna Structure Registration Requirements.

    Form Number: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit entities, not-for-profit institutions and state, local or tribal government.

    Number of Respondents: 16,000 respondents; 154,162 responses.

    Estimated Time per Response: .1-.25 hours.

    Frequency of Response: On occasion reporting requirement, recordkeeping requirement and third-party disclosure requirement.

    Obligation to Respond: Required to obtain or retain benefits. Statutory authority for this information collection is contained in Sections 4, 303, 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303.

    Total Annual Burden: 18,109 hours.

    Total Annual Cost: $51,900.

    Privacy Impact Assessment: No impact(s).

    Nature and Extent of Confidentiality: There is no need for confidentiality. However, respondents may request materials or information submitted to the Commission be withheld from public inspection under 47 CFR 0.459 of the Commission's rules.

    Needs and Uses: The Commission is seeking Office of Management and Budget (OMB) approval for a revision of this information collection in order to obtain the full three-year approval. The Commission has adjusted its burden and cost estimates in order to update the collection burdens necessary to implement a uniform registration process as well as safe and effective lighting procedures for owners of antenna structures.

    Section 17.4 includes third party disclosure requirements. Specifically, Section 17.4 requires the owner of any proposed or existing antenna structure that requires notice of proposed construction to the Federal Aviation Administration (FAA) to register the structure with the Commission. This includes those structures used as part of the stations licensed by the Commission for the transmission of radio energy, or to be used as part of a cable television head-end system. If a Federal Government antenna structure is to be used by a Commission licensee, the structure must be registered with the Commission. Section 17.4(f) provides that antenna structure owners shall immediately provide to all tenant licensees and permittees notification that the structure has been registered. This may be done by providing either a copy of Form 854R or a link to the FCC antenna structure registration website. This notification may be done electronically or via paper mail.

    Section 17.4(g) requires antenna structure owners to display the Antenna Structure Registration Number in a conspicuous place that is readily visible near the base of the antenna. This rule specifically requires that the Antenna Structure Number be displayed so that it is conspicuously visible and legible from the publicly accessible area nearest the base of the antenna structure along the publicly accessible roadway or path. Where an antenna structure is surrounded by a perimeter fence, or where the point of access includes an access gate, the Antenna Structure Registration Number should be posted on the perimeter fence or access gate. Where multiple antenna structures having separate Antenna Structure Registration Numbers are located within a single fenced area, the Antenna Structure Registration Numbers must be posted both on the perimeter fence or access gate and near the base of each antenna structure. If the base of the antenna structure has more than one point of access, the rule requires that the Antenna Structure Registration Number be posted so that it is visible at the publicly accessible area nearest each such point of access. The registration number is issued to identify antenna structure owners in order to enforce the Congressionally-mandated provisions related to the owners.

    Sections 17.48 and 17.49 contain reporting and recordkeeping requirements. Section 17.48(a) requires that antenna structure owners immediately report outages of top steady burning lights or flashing antenna structure lights to the FAA, if not corrected within 30 minutes. Upon receipt of the outage notification, the FAA will issue a Notice to Airmen (NOTAM), which notifies aircraft of the outage. Consistent with FAA requirements, if a lighting outage cannot be repaired within the FAA's original NOTAM period, Section 17.48(a) further requires the antenna structure owner to notify the FAA of that fact and provide any needed updates to its estimated return-to-service date. The rule also requires antenna structure owners to continue to provide these updates to the FAA every NOTAM period until its lights are repaired.

    Section 17.49 requires antenna structure owners to maintain a record of observed or otherwise known extinguishments or improper functioning of structure lights for two years and provide the records to the Commission upon request.

    Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer, Office of the Secretary.
    [FR Doc. 2018-07367 Filed 4-10-18; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-0854] Information Collection Being Reviewed by the Federal Communications Commission AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act of 1995 (PRA), the Federal Communications Commission (FCC or Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collections. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The FCC may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written PRA comments should be submitted on or before June 11, 2018. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Cathy Williams, FCC, via email to [email protected] and to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For additional information about the information collection, contact Cathy Williams at (202) 418-2918.

    SUPPLEMENTARY INFORMATION:

    OMB Control Number: 3060-0854.

    Title: Section 64.2401, Truth-in-Billing Format, CC Docket No. 98-170 and CG Docket No. 04-208.

    Form Number: N/A.

    Type of Review: Extension of a currently approved collection.

    Respondents: Business or other for-profit entities.

    Number of Respondents and Responses: 4,165 respondents; 33,819 responses.

    Estimated Time per Response: 2 to 230 hours.

    Frequency of Response: On occasion reporting requirement; Third party disclosure requirement.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for this information collection is found at section 201(b) of the Communications Act of 1934, as amended, 47 U.S.C. 201(b), and section 258, 47 U.S.C. 258, Public Law 104-104, 110 Stat. 56. The Commission's implementing rules are codified at 47 CFR 64.2400.

    Total Annual Burden: 1,950,433 hours.

    Total Annual Cost: $15,918,200.

    Nature and Extent of Confidentiality: An assurance of confidentiality is not offered because this information collection does not require the collection of personally identifiable information from individuals.

    Privacy Impact Assessment: No impact(s).

    Needs and Uses: In 1999, the Commission released the Truth-in-Billing and Billing Format, CC Docket No. 98-170, First Report and Order and Further Notice of Proposed Rulemaking, (1999 TIB Order); published at 64 FR 34488, June 25, 1999, which adopted principles and guidelines designed to reduce telecommunications fraud, such as slamming and cramming, by making bills easier for consumers to read and understand, and thereby, making such fraud easier to detect and report. In 2000, Truth-in-Billing and Billing Format, CC Docket No. 98-170, Order on Reconsideration, (2000 Reconsideration Order); published at 65 FR 43251, July 13, 2000, the Commission, granted in part petitions for reconsideration of the requirements that bills highlight new service providers and prominently display inquiry contact numbers. On March 18, 2005, the Commission released Truth-in-Billing and Billing Format; National Association of State Utility Consumer Advocates' Petition for Declaratory Ruling Regarding Truth-in-Billing, Second Report and Order, Declaratory Ruling, and Second Further Notice of Proposed Rulemaking, CC Docket No. 98-170, CG Docket No. 04-208, (2005 Second Report and Order and Second Further Notice); published at 70 FR 29979 and 70 FR 30044, May 25, 2005, which determined, inter alia, that Commercial Mobile Radio Service providers no longer should be exempted from 47 CFR 64.2401(b), which requires billing descriptions to be brief, clear, non-misleading and in plain language. The 2005 Second Further Notice proposed and sought comment on measures to enhance the ability of consumers to make informed choices among competitive telecommunications service providers.

    On April 27, 2012, the Commission released the Empowering Consumers to Prevent and Detect Billing for Unauthorized Charges (“Cramming”), Report and Order and Further Notice of Proposed Rulemaking, CG Docket No. 11-116, CG Docket No. 09-158, CC Docket No. 98-170, FCC 12-42 (Cramming Report and Order and Further Notice of Proposed Rulemaking); published at 77 FR 30972, May 24, 2012, which determined that additional rules are needed to help consumers prevent and detect the placement of unauthorized charges on their telephone bills, an unlawful and fraudulent practice commonly referred to as “cramming.”

    Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer, Office of the Secretary.
    [FR Doc. 2018-07368 Filed 4-10-18; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-1150] Information Collection Being Submitted for Review and Approval to the Office of Management and Budget AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The Commission may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written comments should be submitted on or before May 11, 2018. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicholas A. Fraser, OMB, via email [email protected]; and to Cathy Williams, FCC, via email [email protected] and to [email protected] Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION below.

    FOR FURTHER INFORMATION CONTACT:

    For additional information or copies of the information collection, contact Cathy Williams at (202) 418-2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the web page called “Currently Under Review,” (3) click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading, (4) select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box, (5) click the “Submit” button to the right of the “Select Agency” box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed.

    SUPPLEMENTARY INFORMATION:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    OMB Control Number: 3060-1150.

    Title: Telecommunications Relay Services Certification Applications and Video Relay Service Compliance Requirements, CG Docket Nos. 03-123 and 10-51.

    Form Number: N/A.

    Type of Review: Revision of a currently approved collection.

    Respondents: Business or other for-profit entities; State, Local or Tribal Government.

    Number of Respondents and Responses: 72 respondents; 412 responses.

    Estimated Time per Response: 0.5 hours (30 minutes) to 25 hours.

    Frequency of Response: Annual, one-time and on occasion reporting requirements; Third party disclosure requirement.

    Obligation to Respond: Required to obtain or retain benefits. The statutory authority for the information collection is found at section 225 of the Act, 47 U.S.C. 225. The law was enacted on July 26, 1990, as Title IV of the ADA, Public Law 101-336, 104 Stat. 327, 366-69.

    Total Annual Burden: 1,179 hours.

    Total Annual Cost: $24,000.

    Nature and Extent of Confidentiality: An assurance of confidentiality is not offered because this information collection does not require the collection of personally identifiable information (PII) from individuals.

    Privacy Impact Assessment: No impact(s).

    Needs and Uses: In 1991, the Commission adopted rules governing the telecommunications relay services (TRS) program and procedures for each state TRS program to apply for initial Commission certification and renewal of Commission certification of each state program. Telecommunications Services for Individuals with Hearing and Speech Disabilities, and the Americans with Disabilities Act of 1990, Report and Order and Request for Comments, document FCC 91-213, published at 56 FR 36729, August 1, 1991 (1991 TRS Implementation Order).

    On July 28, 2011, the Commission released Structure and Practices of the Video Relay Service Program, document FCC 11-118, published at 76 FR 47469, August 5, 2011, and at 76 FR 47476, August 5, 2011 (VRS Certification Order), adopting final and interim rules—designed to help prevent fraud and abuse, and ensure quality service, in the provision of internet-based forms of Telecommunications Relay Services (iTRS). The VRS Certification Order amended the Commission's process for certifying internet-based TRS (iTRS) providers as eligible for payment from the Interstate TRS Fund (Fund) for their provision of iTRS to ensure that iTRS providers receiving certification are qualified to provide iTRS in compliance with the Commission's rules and to eliminate waste, fraud and abuse through improved oversight of such providers.

    On October 17, 2011, the Commission released Structure and Practices of the Video Relay Service Program, Memorandum Opinion and Order, Order, and Further Notice of Proposed Rulemaking, document FCC 11-155, published at 76 FR 67070, October 31, 2011 (VRS Certification Reconsideration Order), modifying two aspects of information collection requirements contained in the VRS Certification Order.

    The VRS Certification Order as modified by the VRS Certification Reconsideration contains information collection requirements with respect to the following eight requirements, all of which are intended to ensure that providers are qualified to provide iTRS in compliance with the Commission's rules with no or minimal service interruption.

    (A) Required Evidence for Submission for Eligibility Certification. Each potential iTRS provider must submit full and detailed information in its application for certification that shows its ability to comply with the Commission's rules. Each applicant must provide a detailed description of how it will meet all non-waived mandatory minimum standards applicable to each form of TRS offered, including documentary and other evidence.

    In the case of VRS, such documentary and other evidence shall also demonstrate that the applicant leases, licenses or has acquired its own facilities and operates such facilities associated with TRS call centers and employs communications assistants, on a full or part-time basis, to staff such call centers at the date of the application. Such evidence shall include but not be limited to:

    1. For VRS applicants operating five or fewer call centers within the United States, a copy of each deed or lease for each call center;

    2. For VRS applicants operating more than five call centers within the United States, a copy of each deed or lease for a representative sampling of five call centers;

    3. For VRS applicants operating call centers outside of the United States, a copy of each deed or lease for each call center;

    4. For all applicants, a list of individuals or entities that hold at least a 10 percent equity interest in the applicant, have the power to vote 10 percent or more of the securities of the applicant, or exercise de jure or de facto control over the applicant, a description of the applicant's organizational structure, and the names of its executives, officers, members of its board of directors, general partners (in the case of a partnership), and managing members (in the case of a limited liability company);

    5. For all applicants, a list of the number of applicant's full-time and part-time employees involved in TRS operations, including and divided by the following positions: Executives and officers; video phone installers (in the case of VRS), communications assistants, and persons involved in marketing and sponsorship activities;

    6. Where applicable, a description of the call center infrastructure, and for all core call center functions (automatic call distribution, routing, call setup, mapping, call features, billing for compensation from the TRS fund, and registration) a statement whether such equipment is owned, leased or licensed (and from whom if leased or licensed) and proofs of purchase, leases or license agreements, including a complete copy of any lease or license agreement for automatic call distribution;

    7. For all applicants, copies of employment agreements for all of the provider's employees directly involved in TRS operations, executives and communications assistants, and a list of names of employees directly involved in TRS operations need not be submitted with the application, but must be retained by the applicant and submitted to the Commission upon request; and

    8. For all applicants, a list of all sponsorship arrangements relating to internet-based TRS, including a description of any associated written agreements; copies of all such arrangements and agreements must be retained by the applicant for three years from the date of the application, and submitted to the Commission upon request.

    (B) Submission of Annual Report. Providers submit annual reports that include updates to the information listed under Section A above or certify that there are no changes to the information listed under Section A above.

    (C) Requiring Providers to Seek Prior Authorization of Voluntary Interruption of Service. A VRS provider seeking to voluntarily interrupt service for a period of 30 minutes or more in duration must first obtain Commission authorization by submitting a written request to the Commission's Consumer and Governmental Affairs Bureau (CGB) at least 60 days prior to any planned service interruption, with detailed information of:

    (i) Its justification for such interruption;

    (ii) Its plan to notify customers about the impending interruption; and

    (iii) Its plans for resuming service, so as to minimize the impact of such disruption on consumers through a smooth transition of temporary service to another provider, and restoration of its service at the completion of such interruption.

    (D) Reporting of Unforeseen Service Interruptions. With respect to brief, unforeseen service interruptions or in the event of a VRS provider's voluntary service interruption of less than 30 minutes in duration, the affected provider must submit a written notification to CGB within two business days of the commencement of the service interruption, with an explanation of when and how the provider has restored service or the provider's plan to do so imminently. In the event the provider has not restored service at the time such report is filed, the provider must submit a second report within two business days of the restoration of service with an explanation of when and how the provider has restored service.

    (E) Applicant Certifying Under Penalty of Perjury for Certification Application. The chief executive officer (CEO), chief financial officer (CFO), or other senior executive of an applicant for iTRS certification with first-hand knowledge of the accuracy and completeness of the information provided must certify under penalty of perjury that all application information required under the Commission's rules and orders has been provided and that all statements of fact, as well as all documentation contained in the application submission, are true, accurate, and complete.

    (F) Certified Provider Certifying Under Penalty of Perjury for Annual Compliance Filings. The CEO, CFO, or other senior executive of an iTRS provider with first-hand knowledge of the accuracy and completeness of the information provided, when submitting an annual compliance report under 47 CFR 64.606(g), must certify under penalty of perjury that all information required under the Commission's rules and orders has been provided and all statements of fact, as well as all documentation contained in the annual compliance report submission, are true, accurate, and complete.

    (G) Notification of Service Cessation. An applicant for certification must give its customers at least 30-days notice that it will no longer provide service should the Commission determine that the applicant's certification application does not qualify for certification under 47 CFR 64.606(a)(2) of the Commission's rules.

    (H) Notification on website. A provider must provide notification of temporary service outages to consumers on an accessible website, and the provider must ensure that the information regarding service status is updated on its website in a timely manner.

    On June 10, 2013, the Commission made permanent the interim rule adopted in the VRS Certification Order requiring all applicants and providers of iTRS to certify, under penalty of perjury, that their certification applications and annual compliance reports are truthful, accurate, and complete.

    Structure and Practices of the Video Relay Service Program; Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Report and Order and Further Notice of Proposed Rulemaking, document FCC 13-82, published at 78 FR 40582, July 5, 2013.

    Federal Communications Commission. Katura Jackson, Federal Register Liaison Officer, Office of the Secretary.
    [FR Doc. 2018-07366 Filed 4-10-18; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL [Docket No. AS18-05] Appraisal Subcommittee Notice of Meeting AGENCY:

    Appraisal Subcommittee of the Federal Financial Institutions Examination Council.

    ACTION:

    Notice of special meeting.

    Description: In accordance with Section 1104(b) of Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, as amended, notice is hereby given that the Appraisal Subcommittee (ASC) will meet in open session for a Special Meeting

    Location: Federal Reserve Board, 1801 K Street NW, Washington, DC 20006.

    Date: April 23, 2018.

    Time: 10:00 a.m.

    Status: Open.

    Action and Discussion Items: TriStar Bank Temporary Waiver Request.

    How To Attend and Observe an ASC Meeting: If you plan to attend the ASC Meeting in person, we ask that you send an email to [email protected] You may register until close of business four business days before the meeting date. You will be contacted by the Federal Reserve Law Enforcement Unit on security requirements. You will also be asked to provide a valid government-issued ID before being admitted to the Meeting. The meeting space is intended to accommodate public attendees. However, if the space will not accommodate all requests, the ASC may refuse attendance on that reasonable basis. The use of any video or audio tape recording device, photographing device, or any other electronic or mechanical device designed for similar purposes is prohibited at ASC meetings.

    Dated: April 6, 2018. James R. Park, Executive Director.
    [FR Doc. 2018-07512 Filed 4-10-18; 8:45 am] BILLING CODE 6700-01-P
    FEDERAL MARITIME COMMISSION Notice of Agreements Filed

    The Commission hereby gives notice of the filing of the following agreements under the Shipping Act of 1984. Interested parties may submit comments on the agreements to the Secretary, Federal Maritime Commission, Washington, DC 20573, within twelve days of the date this notice appears in the Federal Register. Copies of the agreements are available through the Commission's website (www.fmc.gov) or by contacting the Office of Agreements at (202)-523-5793 or [email protected]

    Agreement No.: 201203-006.

    Title: Port of Oakland/Oakland MTO Agreement.

    Parties: Everport Terminal Services Inc.; Port of Oakland; SSA Terminals (Oakland), LLC; SSA Terminals, LLC; and TraPac LLC.

    Filing Party: Wayne Rohde; Cozen O'Connor; 1200 Nineteenth Street NW, Washington, DC 20036.

    Synopsis: The amendment deletes Ports America Outer Harbor Terminal, LLC as a party to the Agreement, updates the address of Everport Terminals Service, Inc., and corrects the name of Trapac, LLC.

    Agreement No.: 201243.

    Title: COSCO SHIPPING/WHL Slot Charter Agreement.

    Parties: COSCO Shipping Lines Co., Ltd.; Wan Hai Lines (Singapore) Pte. Ltd.; and Wan Hai Lines Ltd.

    Filing Party: Eric Jeffrey; Nixon Peabody LLP; 799 9th Street NW, Suite 500, Washington, DC 20001.

    Synopsis: The Agreement authorizes COSCO Shipping to charter slots to WHL on an as needed/as available basis in the trade between China (including Hong Kong) and the United States Pacific Coast.

    Agreement No.: 201244.

    Title: ONE/APL AHX Space Charter Agreement.

    Parties: Ocean Network Express Pte. Ltd., and APL Co. Pte. Ltd. and American President Lines, LLC (operating as one party).

    Filing Party: Joshua Stein; Cozen O'Connor; 1200 Nineteenth Street NW, Washington, DC 20036.

    Synopsis: The agreement authorizes ONE to charter space to APL and for the parties to enter into arrangements related to the chartering of such space in the trades between ports in China and Korea on one hand and ports in Hawaii on the other hand.

    Dated: April 6, 2018. Rachel Dickon, Secretary.
    [FR Doc. 2018-07483 Filed 4-10-18; 8:45 am] BILLING CODE 6731-AA-P
    FEDERAL RESERVE SYSTEM Privacy Act of 1974; System of Records AGENCY:

    Board of Governors of the Federal Reserve System.

    ACTION:

    Notice of a new system of records.

    SUMMARY:

    Pursuant to the provisions of the Privacy Act of 1974, notice is given that the Board of Governors of the Federal Reserve System (Board) proposes the establishment of a new system of records, BGFRS-40, entitled “FRB—Board Subscription Services.” The new system of records, BGFRS-40, will maintain subscription-related information regarding individuals who subscribe to Board publications. The main publication that the Board provides is the Federal Reserve Regulatory Service (FRRS), which is a compilation of the statutes administered by the Board along with regulations, interpretations, policy statements, rulings, and opinions issued by the Board and its staff. The FRRS also includes select regulations issued by other agencies that are relevant to the Board's responsibilities. The Board also provides subscriptions to other publications such as general publications, reports to Congress, and economic research and data.

    To date, the Board has operated the subscription services itself and stored the data by year rather than by name or personal identifier. Going forward, the Board will contract the subscription services for the FRRS to a vendor, who will maintain the files (both electronic and in paper) in a manner that customarily allows the files to be accessed by name or personal identifier, thus necessitating this new system of records. After the transition of the FRRS subscription services to the vendor, the Board will continue to maintain its old historical FRRS subscription materials for the appropriate record retention period. In addition, the Board will continue to operate the subscription services for the other publications (e.g., the general publications). The Board, however, is changing how it maintains its Board-operated subscription services as, going forward, the Board will be using an electronic system that will allow retrieval of the subscription materials by subscriber name or other personal identifier.

    DATES:

    Comments must be received on or before May 11, 2018.

    This new system of records will become applicable May 11, 2018, without further notice, unless comments dictate otherwise.

    The Office of Management and Budget (OMB), which has oversight responsibility under the Privacy Act, requires a 30-day period prior to publication in the Federal Register in which to review the system and to provide any comments to the agency. The public is then given a 30-day period in which to comment, in accordance with 5 U.S.C. 552a(e)(4) and (11).

    ADDRESSES:

    You may submit comments, identified by BGFRS-40; FRB-Board Subscription Services, by any of the following methods:

    Agency website: http://www.federalreserve.gov. Follow the instructions for submitting comments at http://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.

    Email: [email protected] Include SORN name and number in the subject line of the message.

    Fax: (202) 452-3819 or (202) 452-3102.

    Mail: Ann E. Misback, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW, Washington, DC 20551.

    All public comments will be made available on the Board's website at www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as submitted, unless modified for technical reasons, or to remove sensitive PII at the commenter's request. Public comments may also be viewed electronically or in paper form in Room 3515, 1801 K Street (between 18th and 19th Streets NW) Washington, DC 20006 between 9:00 a.m. and 5:00 p.m. on weekdays.

    FOR FURTHER INFORMATION CONTACTS:

    David B. Husband, Senior Attorney, Legal Division, (202) 530-6270, or [email protected]; Alye S. Foster, Assistant General Counsel, Legal Division, or (202) 452-5289, or [email protected] Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW, Washington, DC 20551, Telecommunications Device for the Deaf (TDD) users may contact (202) 263-4869.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a(r), a report of this system of records is being filed with the Chair of the House Committee on Oversight and Government Reform, the Chair of the Senate Committee on Homeland Security and Governmental Affairs, and the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget.

    System Name and Number:

    BGFRS-40, “FRB—Board Subscription Services”

    Security Classification:

    Unclassified.

    System Location:

    The vendor will maintain FRRS subscription materials in paper and electronic form. The vendor is located at 101 Fry Drive, Mechanicsburg, PA 17055. The Board will maintain historical FRRS subscription records and any new FRRS records created and transmitted by the vendor to the Board (such as the monthly call reports).

    The Board will also maintain the subscription information for other Board publications. Paper records will be stored in file folders and electronic records will be stored on the Board's network. Records will be maintained at the Board's central offices located at: Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW, Washington, DC 20551.

    System Manager(s):

    Both managers are located at the Board's central offices in Washington, DC. The manager for the FRRS is Mike Budzinski, Manager, Editing, Office of Board Members, (202) 452-3262, [email protected] For all other Board publications and for historical records stored at the Board, the manager is Gladys Parran, Manager, Printing & Fulfillment, Office of Board Members, (202) 736-5520, [email protected]

    Authority for Maintenance of the System:

    12 U.S.C. 244.

    Purpose(s) of the System:

    The Board is maintaining these records to allow individuals to subscribe to Board publications. The main publication the Board provides is the Federal Reserve Regulatory Service (FRRS), a publication that compiles the statutes administered by the Board along with regulations, interpretations, policy statements, rulings, and opinions issued by the Board and its staff as well as select regulations issued by other agencies that are relevant to the Board's responsibilities. The Board also makes available other publications such as general publications, reports to Congress, and economic research and data.

    Categories of Individuals Covered by the System:

    Persons who subscribe to the FRRS or create an account for the purpose of subscribing to the FRRS and persons who request to subscribe other available Board publications.

    Categories of Records in the System:

    The Board Subscription Services system covers records related to the ordering and fulfillment of orders for the FRRS and other Board publications, such as economic research and data, general publications, and reports to Congress. The information collected for all publications (including the FRRS) includes the subscriber's name, company name or affiliation (if applicable), shipping address, order type, email address, and phone number. For Board publications other than the FRRS, the Board also collects (in paper form) the payment type (check, money order, credit card) and, if the order is by credit card, the relevant credit card information.

    In addition, subscriptions for the FRRS also include the FRRS account information (log-in and password information), the billing address, order history, and fulfillment information (shipping and delivery instructions). The Board's vendor will also provide the Board with a monthly report on FRRS subscriptions. The monthly report will record FRRS subscription revenue and selected subscriber and fulfillment information of current FRRS subscribers, including the individual subscriber's name, company name (if applicable), email address, and order type. The Board will also retain historical FRRS subscription and payment information from when the Board operated the FRRS subscription for the appropriate six-year record retention period.

    Record Source Categories:

    The subscriber to the publication or the FRRS account holder provides the relevant information.

    Routine Uses of Records Maintained in the System, Including Categories of Users and Purposes of Such Uses:

    General routine uses, A, C, D, and G, apply to this system. These general routine uses are located at https://www.federalreserve.gov/files/SORN-page-general-routine-uses-of-board-systems-of-records.pdf and are published in the Federal Register at 73 FR 24984 (May 6, 2008) at 24985-86. In addition, consistent with OMB M-17-12, records may able be disclosed in order:

    1. To facilitate a response to a breach of the Board. Information may be disclosed to appropriate agencies, entities, and persons when: (1) The Board suspects or has confirmed that there has been a breach of the system of records; (2) the Board has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals or the Board (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 the Board's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

    2. To assist another federal agency or federal entity in responding to a breach. Information may be disclosed to another federal agency or federal entity, when the Board determines that the 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.

    Policies and Practices for Storage of Records:

    Paper records in this system are stored in file folders with access limited to staff with a need to know. Electronic records are stored on a secure server.

    Policies and Practices for Retrieval of Records:

    Paper and electronic records can be retrieved by name or other identifying aspects.

    Policies and Practices for Retention and Disposal of Records:

    The retention period for the records in this system is six years. Records will be disposed of at the end of their retention periods, subject to an annual close-out.

    Administrative, Technical, and Physical Safeguards:

    Board staff are restricted to the data that is required in the performances of their duties. This is accomplished through user roles, which provide differential access levels to users based on their official duties and need-to-know. Only Board staff whose official duties require such access may view the subscription and fulfillment records. Electronic records are password protected and paper records are stored in locked file cabinets.

    Only select Board and vendor staff will have access to the FRRS subscriber and fulfillment information provided in the monthly FRRS vendor-provided report. Authorized Board staff will access the monthly FRRS report through an encrypted connection.

    Record Access Procedures:

    The Privacy Act allows individuals the right to access records maintained about them in a Board system of records. Your request for access must: (1) Contain a statement that it is made pursuant to the Privacy Act of 1974; (2) provide either the name of the Board system of records expected to contain the record requested or a concise description of the system of records; (3) provide the information necessary to verify your identity; and (4) provide any other information that may assist in the rapid identification of the record for which you are requesting access.

    Current or former Board employees may make a request for access by contacting the Board office that maintains the record. The Board handles all Privacy Act requests as both a Privacy Act request and as a Freedom of Information Act request. The Board does not charge fees to a requestor seeking to access or amend his/her Privacy Act records. You may submit your Privacy Act request to the Secretary of the Board, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW, Washington, DC 20551.

    If your request is for records maintained by the Board's Office of Inspector General, submit your request to the Inspector General, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW, Washington, DC 20551. You may also submit your Privacy Act request electronically through the Board's FOIA “Electronic Request Form” located at https://www.federalreserve.gov/secure/forms/efoiaform.aspx.

    Contesting Record Procedures:

    The Privacy Act allows individuals to seek amendment of information that is erroneous, irrelevant, untimely, or incomplete and is maintained in a system of records about you. To request an amendment to your record, you should clearly mark the request as a “Privacy Act Amendment Request.” You have the burden of proof for demonstrating the appropriateness of the requested amendment and you must provide relevant and convincing evidence in support of your request.

    Your request for amendment must: (1) Provide the name of the specific Board system of records containing the record you seek to amend; (2) identify the specific portion of the record you seek to amend; (3) describe the nature of and reasons for each requested amendment; (4) explain why you believe the record is not accurate, relevant, timely, or complete; and (5) unless you have already done so in a Privacy Act request for access, provide the necessary information to verify your identity.

    Notification Procedures:

    Same as “Access procedures” above. You may also follow this procedure in order to request an accounting of previous disclosures of records pertaining to you as provided for by 5 U.S.C. 552a(c).

    Exemptions Promulgated for the System:

    No exemptions are claimed for this system.

    History:

    None.

    Board of Governors of the Federal Reserve System, April 5, 2018. Ann Misback, Secretary of the Board.
    [FR Doc. 2018-07417 Filed 4-10-18; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0043; Docket No. 2018-0003; Sequence No. 8] Information Collection; Delivery Schedules 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 delivery schedules.

    DATES:

    Submit comments on or before June 11, 2018.

    ADDRESSES:

    Submit comments identified by Information Collection 9000-0043, Delivery Schedules 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. Select the link “Submit a Comment” that corresponds with “Information Collection 9000-0043, Delivery Schedules”. Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “Information Collection 9000-0043, Delivery Schedules” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405. ATTN: Ms. Mandell/IC 9000-0043, Delivery Schedules.

    Instructions: Please submit comments only and cite Information Collection 9000-0043, Delivery Schedules, 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. Michael O. Jackson, Federal Acquisition Policy Division, GSA 202-208-4949 or via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    A. Purpose

    The time of delivery or performance is an essential contract element and must be clearly stated in solicitations and contracts. The contracting officer may set forth a required delivery schedule or may allow an offeror to propose an alternate delivery schedule, for other than those for construction and architect-engineering, by inserting in solicitations and contracts a clause substantially the same as either FAR 52.211-8, Time of Delivery, or FAR 52.211-9, Desired and Required Time of Delivery. These clauses allow the contractor to fill in their proposed delivery schedule. The information is needed to assure supplies or services are obtained in a timely manner.

    B. Annual Reporting Burden

    Annual Responses: 16,874.

    Hours per Response: .167.

    Total Burden Hours: 2,818.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the Federal Acquisition Regulation (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. 9000-0043, Delivery Schedules, in all correspondence.

    Dated: April 4, 2018. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy.
    [FR Doc. 2018-07370 Filed 4-10-18; 8:45 am] BILLING CODE 6820-EP-P
    DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0061; Docket No. 2018-0003; Sequence No. 10] Information Collection; Transportation Requirements 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 Transportation Requirements.

    DATES:

    Submit comments on or before June 11, 2018.

    ADDRESSES:

    Submit comments identified by Information Collection 9000-0061, Transportation Requirements, by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting the OMB Control number. Select the link “Submit a Comment” that corresponds with “Information Collection 9000-0061, Transportation Requirements”. Follow the instructions provided at the “Submit a Comment” screen. Please include your name, company name (if any), and “Information Collection 9000-0061, Transportation Requirements” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW, Washington, DC 20405. ATTN: Ms. Mandell/IC 9000-0061, Transportation Requirements.

    Instructions: Please submit comments only and cite Information Collection 9000-0061, Transportation Requirements, in all correspondence related to this collection. Comments received generally will be posted without change to regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check regulations.gov, approximately two-to-three business 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, Office of Governmentwide Acquisition Policy, GSA 202-501-1448 or via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    A. Purpose

    FAR Part 47 contains policies and procedures for applying transportation and traffic management considerations in the acquisition of supplies. The FAR part also contains policies and procedures when acquiring transportation or transportation-related services. Generally, contracts involving transportation require information regarding the nature of the supplies, method of shipment, place and time of shipment, applicable charges, marking of shipments, shipping documents and other related items.

    Contractors are required to provide the information in accordance with the following FAR Part 47 clauses: 52.247-29 through 52.247-44, 52.247-48, 52.247-52, and 52.247-64. The information is used to ensure that: (1) Acquisitions are made on the basis most advantageous to the Government and; (2) supplies arrive in good order and condition, and on time at the required place.

    B. Annual Reporting Burden

    Respondents: 65,000.

    Responses per Respondent: 22.

    Annual Responses: 1,430,000.

    Hours Per Response: .05.

    Total Burden Hours: 71,500.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary; 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. 9000-0061, Transportation Requirements, in all correspondence.

    Dated: April 4, 2018. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy.
    [FR Doc. 2018-07371 Filed 4-10-18; 8:45 am] BILLING CODE 6820-EP-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [CMS-3353-N] Medicare Program; Reconciling National Coverage Determinations on Positron Emission Tomography (PET) Neuroimaging for Dementia AGENCY:

    Centers for Medicare & Medicaid Services (CMS), HHS.

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the court order on July 19, 2016 (Kort v. Burwell), this notice provides further explanation on the National Coverage Determinations for positron emission tomography (PET) neuroimaging for dementia.

    FOR FURTHER INFORMATION CONTACT:

    Linda Gousis, (410) 786-8616.

    SUPPLEMENTARY INFORMATION: I. Background

    On July 19, 2016, the United States District Court for the District of Columbia issued an order requiring the Secretary of Health and Human Services (HHS) to further explain one aspect of a National Coverage Determination (NCD) decision memorandum issued by the Centers for Medicare & Medicaid Services (CMS). Kort v. Burwell, 209 F.Supp.3d 98 (D.D.C. 2016). In particular, the court called for CMS to explain how its 2013 NCD denying coverage for a beta amyloid positron emission tomography scan (amyloid PET) 1 could be reconciled with an earlier 2004 NCD relating to fluorodeoxyglucose (FDG) positron emission tomography (PET) (FDG PET).2 We issued the NCDs under our authority to interpret the “reasonable and necessary” statutory standard in section 1862(a)(1)(A) of the Social Security Act (the Act) as it applies to coverage of items and services in the Medicare program. In this notice, we describe the key differences between the two NCDs. We relied on the existing record in preparing this document.

    1 CMS, Decision Memo for Beta Amyloid Positron Emission Tomography in Dementia and Neurodegenerative Disease (CAG-00431N); 2013 September 27. Available from: https://www.cms.gov/medicare-coverage-database/details/nca-decision-memo.aspx?NCAId=265 (accessed on June 22, 2017). Note that amyloid PET is referred to in the 2013 NCD as “βA PET” or “amyloid PET” interchangeably. In this document, we are using “amyloid PET”; however, quotes may refer to it by the similar terms.

    2 CMS, Decision Memo for Positron Emission Tomography (FDG) and Other Neuroimaging Devices for Suspected Dementia (CAG-00088R); 2014 September 15. Available from: https://www.cms.gov/medicare-coverage-database/details/nca-decision-memo.aspx?NCAId=104 (accessed on June 22, 2017).

    II. Provisions of the Notice

    In accordance with the Court's order, we explain why CMS covers one diagnostic test for specific patients, while covering the other only in the context of a clinical study (Kort, 115). Briefly, the differences arose from the type of assessment the test provided; predictive value of the test; and consensus panels' conclusions about the use of the tests.

    A. Summary of the NCDs

    The 2004 NCD for FDG PET resulted in narrow coverage of the diagnostic test for specific subpopulations of patients meeting narrowly defined criteria (CMS 2004, 32).3 We determined that the “scan is reasonable and necessary in patients with documented cognitive decline of at least six months and a recently established diagnosis of dementia who meet diagnostic criteria for both Alzheimer's disease (AD) and fronto-temporal dementia (FTD), who have been evaluated for specific alternate neurodegenerative diseases or causative factors, and for whom the cause of the clinical symptoms remains uncertain” (CMS 2004, 3).

    3 In this document, page numbers for the decision memorandum citations are based off of the page number at the bottom of the page on the PDF version which is available for download from web page provided in the previous footnotes for this document. Click on the “Need a PDF?” icon on the right side of the screen to obtain a PDF.

    The 2013 amyloid PET NCD resulted in non-coverage of amyloid PET for dementia and neurodegenerative disease; however, coverage was made available in the context of a clinical study. There, one amyloid PET scan per patient would be covered through coverage with evidence development (CED) pursuant to section 1862(a)(1)(E) of the Act (CMS 2013, 4). The diagnostic test is covered under certain research parameters “in two scenarios: (1) To exclude Alzheimer's disease (AD) in narrowly defined and clinically difficult differential diagnoses, such as AD versus frontotemporal dementia (FTD); and (2) to enrich clinical trials seeking better treatments or prevention strategies, by allowing for selection of patients on the basis of biological as well as clinical and epidemiological factors” (CMS 2013, 4).

    B. Kort v. Burwell Summary

    The plaintiffs in Kort were beneficiaries who exhibited symptoms of cognitive impairment but did not have a diagnosis for their illness. They wanted amyloid PET scans because they thought the scans would help their doctors make a differential diagnosis. The court determined that the amyloid PET NCD failed to adequately explain how the decision denying coverage for amyloid PET could be reconciled with the earlier decision approving coverage of FDG PET in certain contexts. The court noted, “[t]he similarities between FDG PET and BA scans are manifest. Both are diagnostic tests that involve the use of a PET scan and a radiopharmaceutical tracer. Both are indicated for use on overlapping patient populations exhibiting symptoms of cognitive impairment. And, although neither test can affirmatively diagnose a disease, both have diagnostic value as a tool for differentially diagnosing patients who exhibit symptoms associated with several different diseases” (Kort, 114-115). Without vacating the 2013 NCD, the Court remanded “the Decision Memo so that the agency can evaluate in the first instance whether its coverage decisions can be reconciled” (Kort, 115).

    C. Analytic Framework for Reviewing Clinical Evidence

    We evaluated the relevant clinical evidence to determine whether or not the evidence is sufficient to support a finding that an item or service is reasonable and necessary for the Medicare population, which consists largely of adults 65 years of age and older (CMS 2004, 13 and CMS 2013, 13). This process was discussed in the methodological principles for both NCDs. The critical appraisal of the evidence enables CMS to determine to what degree the agency is confident that the intervention will improve health outcomes for beneficiaries (CMS 2004, 13 and CMS 2013, 13).

    Specifically for diagnostic imaging tests, the overall assessment focuses on whether use of the test to guide patient management and treatment improves health outcomes (also referred to as clinical utility). Before appropriately reaching a consideration of outcomes, two fundamental properties of diagnostic tests need to be established: (1) the test accurately and reliably measures the intended analyte, factor, or component (also referred to as analytic validity); and (2) the test accurately and reliably identifies the condition or disorder of interest (also referred to as clinical validity). Outcomes such as change in patient management due to diagnostic tests and accuracy, sensitivity, and specificity are also of interest to CMS (CMS 2004, 14 and CMS 2013, 30).

    D. Review of the Clinical Evidence for FDG and Amyloid PET

    While both diagnostic tests use a PET scan, there is a distinction in the tracers used for the scans: FDG provides a physiologic (functional) assessment of the brain since it highlights glucose metabolism; meanwhile, beta amyloid tracers such as florbetapir (Amyvid®) and flutemetamol (Vizamyl®) provide a molecular (anatomic) assessment since they bind to amyloid β plaques (CMS 2004, 5 and CMS 2013, 11). In both coverage analysis, we focused on whether the PET scans can accurately and reliably identify dementias, including AD, and whether use of the scans to guide management and treatment improves meaningful health outcomes (CMS 2004, 14 and CMS 2013, 14). We focused on these because numerous mechanism of action studies have shown that PET scans can accurately and reliably detect radionuclide tracers that tag nitrogen, oxygen, glucose, and amyloid.4

    4 Petersen et al. Practice parameter: Early detection of dementia: Mild cognitive impairment (an evidence-based review), Report of the Quality Standards Subcommittee of the American Academy of Neurology. Neurology. May 2001; Neuroimaging in the Diagnosis of Alzheimer's Disease and Dementia. Expert panel convened by the Neuroscience and Neuropsychology of Aging Program, National Institute on Aging (NIA), HHS. April 5, 2004. https://www.cms.gov/Medicare/Coverage/DeterminationProcess/downloads/id104d.pdf (accessed on August 9, 2017); and D Matchar, S Kulasingam, B Huntington, M Patwardhan, L Mann. Technology Assessment: Positron emission tomography, single photon emission computed tomography, computed tomography, functional magnetic resonance imaging, and magnetic resonance spectroscopy for the diagnosis and management of Alzheimer's disease. Duke Center for Clinical Health Policy Research and Evidence Practice Center. December 2001. https://www.cms.gov/Medicare/Coverage/DeterminationProcess/downloads/id9TA.pdf (accessed August 9, 2017). (CMS 2004, 43 and 46)

    Ultimately, we determined that evidence for FDG PET for differential diagnosis of dementias was more compelling and substantiated than for amyloid PET when the same analytic framework was applied to these diagnostic imaging tests. There were several reasons for CMS finding FDG PET more compelling. The ability of the FDG PET test to accurately and reliably identify the disorder of interest is better established and accepted than for molecular PET scans, such as beta amyloid (CMS 2004, 8). Since the 1980s, functional assessment of the brain using one of a number of tracers, such as ones for blood flow, oxygen utilization, and glucose metabolism, has been used to diagnose dementia. Among these, FDG is a glucose analog and behaves similar to glucose in the cell. Glucose metabolism may be viewed as an indicator of cell activity. Used as a PET tracer, FDG will indicate the cell activity. In the brain, function as shown by cell activity (glucose metabolism or FDG tagging) may be used to differentiate causes of dementia (CMS 2004, 7). For example, in frontal lobe dementia, imaging tests have shown marked hypometabolism (darker areas) of the frontal or temporal lobes with sparing of parietal lobes. In patients with Alzheimer's disease, there is typically hypometabolism bilaterally in the temporal and parietal lobes (CMS 2004, 5, 7, and 33). Additionally, “the presumed higher specificity of FDG PET for detecting metabolic patterns correlated with FTD could decrease the number of false positive results for AD and consequently increase the number of true positives for FTD to inform patient management and caregiver counseling” (CMS 2004, 35).

    In contrast to the evidence supporting use of FDG PET, there were uncertainties regarding the use of amyloid PET. The presence or absence of amyloid in the brain has been considered in diagnosis of AD, but it is not diagnostic because some normal individuals also have amyloid plaques (CMS 2013, 10). Amyloid tracers bind to and statically mark amyloid plaque providing an anatomic or structural assessment (location and concentration) but do not provide information on cell activity or brain function. This is an inherent limitation of anatomic assessments compared to functional assessments because the hallmark of dementia is an abnormal decline in cognitive function (CMS 2013, 7). Thus, the premise that the test accurately and reliably identifies the disorder is reduced in amyloid imaging compared to functional imaging, such as FDG, due to the different mechanisms of action. Additionally, the ability of amyloid PET scans to diagnose AD is inherently reduced by the pathophysiologic characteristics of AD since the presence extracellular amyloid β is only one of two specific findings required for the diagnosis of AD. The second key factor is the presence of intracellular neurofibrillary tangles (NFTs) consisting of abnormal tau proteins. Amyloid tracers do not show the presence of NFTs or abnormal tau proteins, which are not detected by any commercially available radionuclide tracer (CMS 2013, 10). In addition, findings based on postmortem investigation and studies (pathophysiologic alternations in brain biopsies) may not directly translate to factors that may be used to make a clinical diagnosis of patients with dementia.

    The FDG PET NCD acknowledged that AD-type physiology may be present in normal individuals with normal cognitive function; therefore, a positive amyloid PET scan does not necessarily mean the individual has AD (CMS 2004, 5). As subsequently noted in the amyloid PET decision memo nine years later, “[A]myloid plaques are seen in other diseases, such as dementia with Lewy bodies, cerebral amyloid angiopathy, Parkinson's disease, Huntington's disease, and inclusion body myositis. Amyloid plaques can also be detected in cognitively normal older adults. Autopsy studies demonstrate that approximately 33% of older individuals (20-65% depending on age) who are cognitively normal have amyloid accumulation at levels consistent with AD pathology (Hulette 1998, Price 1999, Knopman 2003, Rowe 2010)” (CMS 2013, 10).

    The reliability of test is a necessary component for determining health outcomes or clinical utility. The foundation of clinical utility for functional PET scans, like FDG PET, is better established than anatomic PET scans, like amyloid PET. While direct, high quality evidence on clinical utility of FDG PET for dementia was not found in published literature at the time of the 2004 decision, there were related studies that showed clinical utility of FDG PET for other treatable causes of cognitive impairment or dementia such as cerebrovascular disease, certain inherited diseases, and metabolic conditions that could possibly be diagnosed with FDG PET, and then treated with proven therapies to improve health outcomes (CMS 2004, 32, 37). At the time of the amyloid PET NCD, there was no published evidence of clinical utility similar to what was reviewed for FDG PET, and there were no related studies suggesting that amyloid PET would be helpful in the differential diagnosis of AD and FTD (CMS 2013, 14). Further, because amyloid PET does not specifically diagnose other conditions, the clinical utility or improved health outcomes associated with other diseases is not applicable.

    Since the mid-2000s, a number of clinical trials of different therapies that target amyloid have failed to produce results of improvement in health outcomes (CMS 2013, 61).5 FDG PET did not have the same negative trials at the time of our 2004 decision.

    5 See also Peterson RC. Early Diagnosis of Alzheimer's Disease: Is MCI Too Late? Current Alzheimer Research. 2009; 6(4):329; Petersen RC, Smith G, Waring S, et al. Mild cognitive impairment: clinical characterization and outcome. Archives of Neurology. 1999;56:303-8; National Institute on Aging (NIA) and the Reagan Institute. Consensus recommendations for the postmortem diagnosis of Alzheimer's disease. The National Institute on Aging, and Reagan Institute Working Group on Diagnostic Criteria for the Neuropathological Assessment of Alzheimer's Disease. Neurobiology of Aging. 1997 Jul-Aug;18(4 Suppl):S1-2; and Technology Evaluation Center (TEC), Blue Cross Blue Shield. Beta Amyloid Imaging with Positron Emission Tomography (PET) for Evaluation of Suspected Alzheimer's Disease or Other Causes of Cognitive Decline. 2013 February;27(5).

    E. Determining the Predictive Value of Amyloid PET Compared to FDG PET

    We did not have the same concerns regarding false positives using FDG PET to differentially diagnose AD as we did with amyloid PET. The predictive value of the amyloid PET scan cannot be based solely on its capability to “rule out” AD, because there is also the risk of positively diagnosing patients with Alzheimer's when they do not have it. Conversely, for a patient faced with the possibility of having Alzheimer's, a negative amyloid PET result could be reassuring (CMS 2013, 52-53). However, such reassurance would not change clinical management because the patient may still have AD. If a clinician did not have “a convincing clinical picture [of AD], work up to exclude other diagnosable and potentially treatable diseases should proceed anyway (as it would if an amyloid scan were negative). The unavailability of an amyloid scan does not change that logic” (CMS 2013, 52).

    At the same time, the amyloid PET scan portends great risk because there is no evidence for what a positive scan means in specific patients since they can have amyloid plaques but not have AD. At the Medicare Evidence Development & Coverage Advisory Committee (MEDCAC) meeting held specifically on amyloid PET on January 30, 2013, one expert speaker mentioned that he believed that a patient with mild cognitive impairment (MCI) and a positive amyloid PET scan had Alzheimer's disease and that many other experts agreed with him (MEDCAC 2013, 31, 53).6 However, no published clinical trials, studies, consensus publications, or further MEDCAC discussions identified whether, for amyloid PET, “objectively-defined subpopulations of patients with cognitive impairment for which the scan (alone or combined with other tests) may be more or less appropriate. Yet there are many subtypes of MCI, and some (e.g., amnestic MCI) may be more relevant than others. Furthermore, there is evidence that the same level of amyloid burden detected by a scan may mean something very different in say, a 66 year-old compared to an 86 year-old (e.g., Le Couteur 2013, Laforce 2011). Yet the [Amyloid Imaging Task Force] AIT is silent about such potentially important distinctions” (CMS 2013, 33). (The AIT was a consensus panel that developed recommendations for use of amyloid PET.)

    6 Medicare Evidence Development & Coverage Advisory Committee (MEDCAC), Meeting: Beta Amyloid Positron Emission Tomography (PET) in Dementia and Neurodegenerative Disease, Meeting Transcript; 2013 January 30. Available from: https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/downloads/id66d.pdf (accessed on June 22, 2017). (CMS 2013, 79, 80, and 82)

    We concluded in the amyloid PET NCD that “widespread clinical use of the scan both in many types of patients with unexplained MCI, and to make a positive diagnosis of Alzheimer's disease (despite insufficient evidence on the clinical meaning of a positive scan) has great potential to lead to over-diagnosis of Alzheimer's disease. Such misdiagnosis of Alzheimer's disease portends real harm to our beneficiaries (La Couteur 2013), and this must be considered in our coverage decision” (CMS 2013, 33).

    “False positive” test results, widely considered by radiologists as the bane of diagnostic imaging, are of special concern for amyloid PET. The following are scenarios that contrast the impacts of negative, positive, and false positive test results. For example, if a patient were to get a computed tomography (CT) study of the chest, abdomen, and pelvis to “rule out” cancer, and if the CT study were negative, that indeed would be reassuring to the patient. However, if the study were positive for an enlarged lymph node, liver lesion, or some questionable pulmonary nodule, these findings could be followed up by biopsy, surgical resection, or assessing for progression of disease on a close follow-up CT. In contrast, a completely different clinical scenario follows amyloid PET. Those options to further explore findings common for other “positive” diagnostic tests do not exist. Providers cannot do a biopsy, resection, or close follow up of amyloid imaging after a positive amyloid scan.

    Concern about false positive test results was not a major factor in the 2004 decision memorandum on FDG PET. Based off of an external technical assessment that helped inform the 2004 decision memorandum, we concluded that “FDG-PET testing would reduce the number of false positive results” (CMS 2004, 16). FDG PET has the ability to diagnose patients with disease (dementias, not only Alzheimer's) since it is a functional test and measures glucose metabolism (activity) as noted earlier. Based on the patterns of uptake (cellular function indicating activity), a differential diagnosis between FTD (characteristic hypometabolism in the frontal lobe of the brain) versus AD (characteristic hypometabolism in temporal and parietal lobes of the brain) versus normal patterns (no hypometabolism) may be made. In our FDG PET decision, we noted, “Patients with FTD generally tend to show bifrontal and bitemporal hypoperfusion in single photon emission computerized tomography (SPECT) or glucose hypometabolism in FDG PET scans. In contrast, temporoparietal defects are predominant in AD” (CMS 2004, 7).

    In contrast, the false positive results were a greater concern with amyloid PET (CMS 2013, 48-50), since amyloid plaques may be present in many individuals with normal cognitive function. As noted earlier, the presence of amyloid (positive test) by itself does not diagnose AD since the diagnosis of AD is based on the presence of both amyloid and tau proteins on autopsy. A positive amyloid PET does not allow a differential diagnosis between FTD versus AD versus an individual with normal cognitive function since amyloid is a structural component and does not indicate function.

    F. Expert Consensus in Making Evidence-based NCDs

    Two expert panels, in 2002, the Medicare Coverage Advisory Committee (MCAC) 7 Diagnostic Imaging Panel,8 and, in 2004, the National Institute on Aging (NIA) agreed on a narrow conditioned clinical use for the FDG PET scan (MCAC-DIP 2002, 122, 196-197 and CMS 2004, 35). The expert panel convened by NIA believed the existing evidence warranted use of FDG-PET for a limited number of cases including differential diagnosis of AD and FTD (NIA 2004, 32, 35, 45, 48, and 51-52). For these reasons, in 2004 we had confidence in the plausibility of downstream health outcomes for a narrow indication for FDG PET for differential diagnosis of AD and FTD.

    7 The MCAC was the predecessor to the MEDCAC.

    8 MEDCAC, Meeting: Positron Emission Tomography (FDG) for Alzheimer's Disease/Dementia (Diagnostic Imaging Panel), Meeting Transcript; 2002 January 10. https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/downloads/id2a.pdf (accessed June 22, 2017).

    In contrast to the uniform consensus for FDG PET, in 2013, two expert panels, the AIT 9 and MEDCAC,10 manifestly disagreed about the clinical use of the amyloid PET scan (CMS 2013, 33 and MEDCAC 2013, 55). While the AIT noted amyloid imaging may be appropriate in progressive unexplained or unclear clinical presentations (Johnson 2013, e6), the MEDCAC did not find sufficient evidence for CMS to support outright coverage of amyloid PET (MEDCAC 2013, 248, 250). This different degree of consensus between 2004 and 2013 was a contributing factor in our decisions. However, our evidence-based approach to coverage determinations does not rely on consensus alone. As explained in the 2013 NCD, “two credible expert panels—the AIT and the MEDCAC—produced differing consensuses. That's why, in the well-established process of scientific evaluation, evidence must be evaluated to determine the strength of the consensus opinion” (CMS 2013, 33). At the time the amyloid PET NCD was finalized, there was no evidence to support or refute the consensus opinions. CED for amyloid PET supported the needed development of evidence for future evaluation. Therefore, based on the evidence reviewed as described above and the conclusions of the expert panels, we came to differing conclusions because the evidence for FDG PET for a narrowly defined patient population was better established than for amyloid PET.

    9 Johnson et al., Appropriate use criteria for amyloid PET: A report of the Amyloid Imaging Task Force, the Society of Nuclear Medicine and Molecular Imaging, and the Alzheimer's Association, Alzheimer's and Dementia; 2013 January. http://www.alz.org/research/downloads/appropriate_use_criteria_for_amyloid_PET_Alz_and_Dem_January_2013.pdf (accessed June 22, 2017).

    10 MEDCAC, Meeting: Beta Amyloid Positron Emission Tomography (PET) in Dementia and Neurodegenerative Disease; 2013 January 30. https://www.cms.gov/medicare-coverage-database/details/medcac-meeting-details.aspx?MEDCACId=66&year=2013&bc=AAAIAAAAAAAAAA%3d%3d& (accessed June 22, 2017).

    G. Summary

    As required by the court order that accompanied the Kort opinion, this document further explains why we reached different conclusions with respect to section 1862(a)(1)(A) of the Act in the NCDs for FDG PET and amyloid PET. Both decisions were based on the available evidence according to our analytic framework described herein. Based on that evidence, we created narrow coverage for a small patient population with extensive patient eligibility criteria and provider requirements for FDG PET. For amyloid PET, the totality of the evidence available was not sufficient to demonstrate that the test produced diagnostic value as a tool for differentially diagnosing patients who exhibit symptoms associated with AD or FTD. Therefore, we established coverage for amyloid PET in the context of a clinical study setting with patient and provider eligibility criteria under the authority of section 1862(a)(1)(E) of the Act.

    III. Collection of Information Requirements

    This document does not impose information collection requirements, that is, reporting, recordkeeping or third-party disclosure requirements. Consequently, there is no need for review by the Office of Management and Budget under the authority of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    Dated: March 16, 2018. Seema Verma, Administrator, Centers for Medicare & Medicaid Services. Dated: April 5, 2018. Alex M. Azar II, Secretary, Department of Health and Human Services.
    [FR Doc. 2018-07410 Filed 4-10-18; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2017-N-4561] Advisory Committee; Bone, Reproductive and Urologic Drugs Advisory Committee, Renewal AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice; renewal of advisory committee.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the renewal of the Bone, Reproductive and Urologic Drugs Advisory Committee by the Commissioner of Food and Drugs (the Commissioner). The Commissioner has determined that it is in the public interest to renew the Bone, Reproductive and Urologic Drugs Advisory Committee for an additional 2 years beyond the charter expiration date. The new charter will be in effect until March 23, 2020.

    DATES:

    Authority for the Bone, Reproductive and Urologic Drugs Advisory Committee will expire on March 23, 2020, unless the Commissioner formally determines that renewal is in the public interest.

    FOR FURTHER INFORMATION CONTACT:

    Kalyani Bhatt, Division of Advisory Committee and Consultant Management, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-796-9001, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Pursuant to 41 CFR 102-3.65 and approval by the Department of Health and Human Services pursuant to 45 CFR part 11 and by the General Services Administration, FDA is announcing the renewal of the Bone, Reproductive and Urologic Drugs Advisory Committee (the Committee). The Committee is a discretionary Federal advisory committee established to provide advice to the Commissioner.

    The Committee advises the Commissioner or designee in discharging responsibilities as they relate to helping to ensure safe and effective drugs for human use and, as required, any other product for which FDA has regulatory responsibility.

    The Committee reviews and evaluates data on the safety and effectiveness of marketed and investigational human drug products for use in the practice of osteoporosis and metabolic bone disease, obstetrics, gynecology, urology, and related specialties, and makes appropriate recommendations to the Commissioner.

    The Committee shall consist of a core of 11 voting members including the Chair. Members and the Chair are selected by the Commissioner or designee from among authorities knowledgeable in the fields of osteoporosis and metabolic bone disease, obstetrics, gynecology, urology, pediatrics, epidemiology, or statistics and related specialties. Members will be invited to serve for overlapping terms of up to 4 years. Almost all non-Federal members of this committee serve as Special Government Employees. The core of voting members may include one technically qualified member, selected by the Commissioner or designee, who is identified with consumer interests and is recommended by either a consortium of consumer-oriented organizations or other interested persons. In addition to the voting members, the Committee may include one non-voting member who is identified with industry interests.

    Further information regarding the most recent charter and other information can be found at https://www.fda.gov/AdvisoryCommittees/CommitteesMeetingMaterials/Drugs/ReproductiveHealthDrugsAdvisoryCommittee/ucm107572.htm or by contacting the Designated Federal Officer (see FOR FURTHER INFORMATION CONTACT). In light of the fact that no change has been made to the committee name or description of duties, no amendment will be made to 21 CFR 14.100.

    This document is issued under the Federal Advisory Committee Act (5 U.S.C. app.). For general information related to FDA advisory committees, please check https://www.fda.gov/AdvisoryCommittees/default.htm.

    Dated: April 5, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-07437 Filed 4-10-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-0981] Preparation for International Cooperation on Cosmetics Regulation Twelfth Annual Meeting; Public Meeting AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is announcing the following public meeting entitled “International Cooperation on Cosmetics Regulation (ICCR)—Preparation for ICCR-12 Meeting.” The purpose of the public meeting is to invite public input on various topics pertaining to the regulation of cosmetics. We may use this input to help us prepare for the ICCR-12 meeting that will be held July 10 to 12, 2018, in Tokyo, Japan.

    DATES:

    The public meeting will be held on June 7, 2018, from 2 p.m. to 4 p.m. See the SUPPLEMENTARY INFORMATION section for registration date and information.

    ADDRESSES:

    The public meeting will be held at the Food and Drug Administration, Center for Food Safety and Applied Nutrition, 5001 Campus Dr., Wiley Auditorium (first floor), College Park, MD 20740.

    FOR FURTHER INFORMATION CONTACT:

    Jonathan Hicks, Office of Cosmetics and Colors, Food and Drug Administration, 5001 Campus Dr. (HFS-125), College Park, MD 20740, [email protected], 240-402-1375.

    SUPPLEMENTARY INFORMATION: I. Background

    The intention of the ICCR multilateral framework is to pave the way for the removal of regulatory obstacles to international trade while maintaining global consumer protection. The purpose of the meeting is to invite public input on various topics pertaining to the regulation of cosmetics. We may use this input to help us prepare for the ICCR-12 meeting that will be held July 10 to 12, 2018, in Tokyo, Japan.

    ICCR is a voluntary international group of cosmetics regulatory authorities from Brazil, Canada, the European Union, Japan, and the United States of America. These regulatory authority members will engage in constructive dialogue with their relevant cosmetics industry trade associations and public advocacy groups. Currently, the ICCR members are: The Brazilian Health Surveillance Agency; Health Canada; the European Commission Directorate-General for Internal Market, Industry, Entrepreneurship, and Small and Medium-sized Enterprises; the Ministry of Health, Labor, and Welfare of Japan; and FDA. All decisions are made by consensus and will be compatible with the laws, policies, rules, regulations, and directives of the respective administrations and governments. Members will implement and/or promote actions or documents within their own jurisdictions and seek convergence of regulatory policies and practices. Successful implementation will need input from stakeholders.

    II. Topics for Discussion at the Public Meeting

    We will make the agenda for the public meeting available on the internet at https://www.fda.gov/Cosmetics/InternationalActivities/ICCR/default.htm. Depending on the number of requests for oral presentations, we intend to have an agenda available by May 31, 2018.

    III. Participating in the Public Meeting

    Registration: To register for the public meeting, send registration information (including your name, title, affiliation, address, email, and telephone), to Jonathan Hicks by May 24, 2018 (see FOR FURTHER INFORMATION CONTACT). If you would like to listen to the meeting by phone, please submit a request for a dial-in number by May 24, 2018. If you need special accommodations due to a disability, please contact Jonathan Hicks by May 31, 2018.

    Requests for Oral Presentations: If you wish to make an oral presentation, you should notify Jonathan Hicks by May 24, 2018, and submit a brief statement of the general nature of the evidence or arguments that you wish to present, your name, title, affiliation, address, email, and telephone, and indicate the approximate amount of time you need to make your presentation. You may present proposals for future ICCR agenda items, data, information, or views, in person or in writing, on issues pending at the public meeting. There will be no presentations by phone. Time allotted for oral presentations may be limited to 10 minutes or less for each presenter, depending on the number of requests received.

    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 also be viewed at the Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20850.

    Dated: April 5, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-07416 Filed 4-10-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-1336] Oxford Pharmaceuticals, LLC, et al.; Withdrawal of Approval of 18 Abbreviated New Drug Applications AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is withdrawing approval of 18 abbreviated new drug applications (ANDAs) from multiple 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 May 11, 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 040252 Carisoprodol and Aspirin Tablets USP, 200 milligrams (mg)/325 mg Oxford Pharmaceuticals, LLC, 301 Leaf Lake Pkwy., Birmingham, AL 35211. ANDA 040283 Carisoprodol, Aspirin, and Codeine Phosphate Tablets USP, 200 mg/325 mg/16 mg Do. ANDA 061214 Tetracycline Hydrochloride (HCl) Capsules USP, 250 mg and 500 mg Roxane Laboratories, Inc., 1809 Wilson Rd., Columbus, OH 43228. ANDA 061682 Tetracycline HCl Tablets, 500 mg Mylan Pharmaceuticals Inc., P.O. Box 4293, Morgantown, WV 26505. ANDA 062212 Totacillin (ampicillin/ampicillin trihydrate) Capsules, Equivalent to (EQ) 250 mg base and EQ 500 mg base GlaxoSmithKline, Five Moore Dr., P.O. Box 13398, Research Triangle Park, NC 27709. ANDA 062654 Rocephin (ceftriaxone sodium) for Injection, EQ 500 mg base/vial, EQ 1 gram (g) base/vial, and EQ 2 g base/vial Hoffman La-Roche, Inc., c/o Genentech, Inc., 1 DNA Way, MS 241B, South San Francisco, CA 94080. ANDA 062680 Oxacillin Sodium for Injection (Pharmacy Bulk Package) ACS Dobfar S.p.A., c/o Interchem Corp., 120 Route 17 North, Paramus, NJ 07653. ANDA 065124 Cefotaxime for Injection USP, EQ 500 mg base/vial, EQ 1 g base/vial, and EQ 2 g base/vial Lupin Ltd., c/o Lupin Pharmaceuticals, Inc., 111 South Calvert St., Harborplace Tower, 24th Floor, Baltimore, MD 21202. ANDA 065263 Ceftriaxone for Injection USP, EQ 10 g base/vial (Pharmacy Bulk Package) Do. ANDA 074845 Diltiazem HCl Extended-Release Capsules USP, 60 mg, 90 mg, and 120 mg Biovail Corp. International, Subsidiary of Valeant Pharmaceuticals North America, LLC, 400 Somerset Corporate Blvd., Bridgewater, NJ 08807. ANDA 077173 Ondansetron Injection USP, EQ 2 mg base/milliliter (mL) Sun Pharmaceutical Industries Ltd., c/o Sun Pharmaceutical Industries, Inc., 2 Independence Way, Princeton, NJ 08540. ANDA 078598 Ciprofloxacin Ophthalmic Solution USP, EQ 0.3% base Amring Pharmaceuticals, Inc., 1235 Westlakes Dr., Suite 205, Berwyn, PA 19312. ANDA 078805 Irinotecan HCl Injection, 20 mg/mL Sun Pharma Global FZE, c/o Sun Pharmaceutical Industries, Inc., 2 Independence Way, Princeton, NJ 08540. ANDA 086024 Capital and Codeine (acetaminophen and codeine phosphate) Oral Suspension USP, 120 mg/12 mg per 5 mL Valeant Pharmaceuticals North America, LLC, 400 Somerset Corporate Blvd., Bridgewater, NJ 08807. ANDA 091180 Dorzolamide HCl and Timolol Maleate Ophthalmic Solution, EQ 2% base/EQ 0.5% base Zambon S.p.A., c/o Camargo Pharmaceutical Services, LLC, 9825 Kenwood Rd., Suite 203, Cincinnati, OH 45242. ANDA 203176 Nevirapine Tablets USP, 200 mg Technology Organized, LLC, 9191 Point Replete Dr., Fort Belvoir, VA 22060. ANDA 204900 Amlodipine Besylate Tablets USP, EQ 2.5 mg base, EQ 5 mg base, and EQ 10 mg base Sovereign Pharmaceuticals, LLC, 7590 Sand St., Fort Worth, TX 76118. ANDA 209480 Clozapine Tablets USP, 25 mg, 50 mg, 100 mg, and 200 mg Zydus Pharmaceuticals USA, Inc., 73 Route 31 North, Pennington, NJ 08534.

    Therefore, approval of the applications listed in the table, and all amendments and supplements thereto, is hereby withdrawn as of May 11, 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 May 11, 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: April 5, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-07440 Filed 4-10-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2018-N-1095] Request for Nominations for Individuals and Consumer Organizations for Advisory Committees AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is requesting that any consumer organizations interested in participating in the selection of voting and/or nonvoting consumer representatives to serve on its advisory committees or panels notify FDA in writing. FDA is also requesting nominations for voting and/or nonvoting consumer representatives to serve on advisory committees and/or panels for which vacancies currently exist or are expected to occur in the near future. Nominees recommended to serve as a voting or nonvoting consumer representative may be self-nominated or may be nominated by a consumer organization.

    FDA seeks to include the views of women and men, members of all racial and ethnic groups, and individuals with and without disabilities on its advisory committees, and therefore encourages nominations of appropriately qualified candidates from these groups.

    DATES:

    Any consumer organization interested in participating in the selection of an appropriate voting or nonvoting member to represent consumer interests on an FDA advisory committee or panel may send a letter or email stating that interest to FDA (see ADDRESSES) by May 11, 2018, for vacancies listed in this notice. Concurrently, nomination materials for prospective candidates should be sent to FDA (see ADDRESSES) by May 11, 2018. Nominations will be accepted for current vacancies and for those that will or may occur through July 31, 2018.

    ADDRESSES:

    All statements of interest from consumer organizations interested in participating in the selection process and consumer representative nominations should be submitted electronically to [email protected], by mail or delivery service to Advisory Committee Oversight and Management Staff, 10903 New Hampshire Ave., Bldg. 32, Rm. 5103, Silver Spring, MD 20993-0002, or by Fax: 301-847-8640.

    Consumer representative nominations should be submitted electronically by logging into the FDA Advisory Committee Membership Nomination Portal: https://www.accessdata.fda.gov/scripts/FACTRSPortal/FACTRS/index.cfm; by mail or delivery service to Advisory Committee Oversight and Management Staff, 10903 New Hampshire Ave., Bldg. 32, Rm. 5103, Silver Spring, MD 20993-0002; or by Fax: 301-847-8640. Additional information about becoming a member of an FDA advisory committee can also be obtained by visiting FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm.

    FOR FURTHER INFORMATION CONTACT:

    For questions relating to participation in the selection process: Kimberly Hamilton, Advisory Committee Oversight and Management Staff (ACOMS), Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 32, Rm. 5103, Silver Spring, MD 20993-0002, 301-796-8220, email: [email protected]

    For questions relating to specific advisory committees or panels, contact the appropriate contact person listed in table 1.

    Table 1—Advisory Committee Contacts Contact person Committee/panel Moon Hee V. Choi, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 2434, Silver Spring, MD 20993-0002, 301-796-2894, email: [email protected] Anesthetic and Analgesic Drug Products Advisory Committee. Lauren Tesh, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 2426, Silver Spring, MD 20993-0002, 301-796-2721, email: [email protected] Antimicrobial Advisory Committee. Kalyani Bhatt, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 2438, Silver Spring, MD 20993-0002, 301-796-9005, email: [email protected] Bone, Reproductive and Urological Drugs Advisory Committee. Jennifer Shepherd, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 2434, Silver Spring, MD 20993-0002, 301-796-4043, email: [email protected] Cardiovascular and Renal Drugs Advisory Committee, Medical Imaging Advisory Committee. Cindy Chee, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 2430, Silver Spring, MD 20993-0002, 301-796-0889, email: [email protected] Pulmonary-Allergy Drugs Advisory Committee. Patricio Garcia, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. G610, Silver Spring, MD 20993-0002, 301-796-6875, email: [email protected] Clinical Chemistry and Clinical Toxicology Devices Panel, Gastroenterology and Urology Devices Panel. Evella Washington, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. G640, Silver Spring, MD 20993-0002, 301-796-6683, email: [email protected] Ear, Nose and Throat Devices Panel. Joan Adams-White, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm., 5572, Silver Spring, MD 20993-0002, 301-796-5421, email: [email protected] Medical Devices Dispute Resolution Panel. Aden Asefa, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. G642, Silver Spring, MD 20993-0002, 301-796-0400, email: [email protected] Microbiology Devices Panel, Radiology Devices Panel. Sara Anderson, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. G616 Silver Spring, MD 20993-0002, 301-796-7047, email: [email protected] Orthopaedic and Rehabilitation Devices Panel, Radiological Devices Panel.
    SUPPLEMENTARY INFORMATION:

    FDA is requesting nominations for voting and/or nonvoting consumer representatives for the vacancies listed in table 2:

    Table 2—Committee Descriptions, Type of Consumer Representative Vacancy, and Approximate Date Needed Committee/panel/areas of expertise needed Type of vacancy Approximate date needed Anesthetic and Analgesic Drug Products Advisory Committee—Knowledgeable in the fields of anesthesiology, surgery, epidemiology or statistics, and related specialties 1—Voting Immediately. Antimicrobial Advisory Committee—Knowledgeable in the fields of infectious disease, internal medicine, microbiology, pediatrics, epidemiology or statistics, and related specialties 1—Voting Immediately. Bone, Reproductive and Urological Drugs Advisory Committee—Knowledgeable in the fields of obstetrics, gynecology, endocrinology, pediatrics, epidemiology or statistics and related specialties 1—Voting Immediately. Cardiovascular and Renal Drugs Advisory Committee—Knowledgeable in the fields of cardiology, hypertension, arrhythmia, angina, congestive heart failure, diuresis, and biostatistics 1—Voting July 1, 2018. Medical Imaging Advisory Committee—Knowledgeable in the fields of nuclear medicine, radiology, epidemiology, statistics and related specialties 1—Voting Immediately. Pulmonary- Allergy Drugs Advisory Committee—Knowledgeable in the fields of pulmonary medicine, allergy, clinical immunology, and epidemiology or statistics 1—Voting Immediately. Clinical Chemistry and Clinical Toxicology Devices Panel—Doctors of medicine or philosophy with experience in clinical chemistry (e.g., cardiac markers), clinical toxicology, clinical pathology, clinical laboratory medicine, and endocrinology 1—Non-Voting Immediately. Gastroenterology and Urology Devices Panel—Gastroenterologists, urologists and nephrologists 1—Non-Voting Immediately. Radiology Devices Panel—Physicians with experience in general radiology, mammography, ultrasound, magnetic resonance, computed tomography, other radiological subspecialties and radiation oncology; scientists with experience in diagnostic devices, radiation physics, statistical analysis, digital imaging and image analysis 1—Non-Voting Immediately. Ear, Nose and Throat Devices Panel—Experts in Otologists, neurologists, audiologists 1—Non-Voting Immediately. Medical Devices Dispute Resolution—Experts with broad, cross-cutting scientific, clinical, analytical or mediation skills 1—Non-Voting Immediately. Microbiology Devices Panel—Clinicians with an expertise in infectious disease, e.g., pulmonary disease specialists, sexually transmitted disease specialists, pediatric infectious disease specialists, experts in tropical medicine and emerging infectious diseases, mycologists; clinical microbiologists and virologists; clinical virology and microbiology laboratory directors, with expertise in clinical diagnosis and in vitro diagnostic assays, e.g., hepatologists; molecular biologists 1—Non-Voting Immediately. Orthopaedic and Rehabilitation Devices Panel—Orthopedic surgeons (joint spine, trauma, and pediatric); rheumatologists; engineers (biomedical, biomaterials, and biomechanical); experts in rehabilitation medicine, sports medicine, and connective tissue engineering; and biostatisticians 1—Non-Voting Immediately. I. Functions and General Description of the Committee Duties A. Anesthetic and Analgesic Drugs Advisory Committee

    Reviews and evaluates available data concerning the safety and effectiveness of marketed and investigational human drug products for use in anesthesiology and surgery.

    B. Antimicrobial Advisory Committee

    Reviews and evaluates available data concerning the safety and effectiveness of marketed and investigational human drug products for use in the treatment of infectious diseases and disorders.

    C. Bone, Reproductive & Urologic Drugs Advisory Committee

    Reviews and evaluates data on the safety and effectiveness of marketed and investigational human drugs for use in the practice of obstetrics, gynecology, and related specialties.

    D. Cardiovascular and Renal Drugs Advisory Committee

    Reviews and evaluates available data concerning the safety and effectiveness of marketed and investigational human drug products for use in the treatment of cardiovascular and renal disorders.

    E. Medical Imaging Advisory Committee

    Reviews and evaluates data concerning the safety and effectiveness of marketed and investigational human drug products for use in diagnostic and therapeutic procedures using radioactive pharmaceuticals and contrast media used in diagnostic radiology.

    F. Pulmonary-Allergy Drugs Advisory Committee

    Reviews and evaluates available data concerning the safety and effectiveness of marketed and investigational human drug products for use in the treatment of pulmonary disease and diseases with allergic and/or immunologic mechanisms.

    G. Certain Panels of the Medical Devices Advisory Committee

    Review and evaluate data on the safety and effectiveness of marketed and investigational devices and make recommendations for their regulation. With the exception of the Medical Devices Dispute Resolution Panel, each panel, according to its specialty area, advises on the classification or reclassification of devices into one of three regulatory categories; advises on any possible risks to health associated with the use of devices; advises on formulation of product development protocols; reviews premarket approval applications for medical devices; reviews guidelines and guidance documents; recommends exemption of certain devices from the application of portions of the Federal Food, Drug, and Cosmetic Act; advises on the necessity to ban a device; and responds to requests from the Agency to review and make recommendations on specific issues or problems concerning the safety and effectiveness of devices. With the exception of the Medical Devices Dispute Resolution Panel, each panel, according to its specialty area, may also make appropriate recommendations to the Commissioner of Food and Drugs on issues relating to the design of clinical studies regarding the safety and effectiveness of marketed and investigational devices.

    The Dental Products Panel also functions at times as a dental drug panel. The functions of the dental drug panel are to evaluate and recommend whether various prescription drug products should be changed to over-the-counter status and to evaluate data and make recommendations concerning the approval of new dental drug products for human use.

    The Medical Devices Dispute Resolution Panel provides advice to the Commissioner on complex or contested scientific issues between FDA and medical device sponsors, applicants, or manufacturers relating to specific products, marketing applications, regulatory decisions and actions by FDA, and Agency guidance and policies. The Panel makes recommendations on issues that are lacking resolution, are highly complex in nature, or result from challenges to regular advisory panel proceedings or Agency decisions or actions.

    II. Criteria for Members

    Persons nominated for membership as consumer representatives on committees or panels should meet the following criteria: (1) Demonstrate an affiliation with and/or active participation in consumer or community-based organizations, (2) be able to analyze technical data, (3) understand research design, (4) discuss benefits and risks, and (5) evaluate the safety and efficacy of products under review. The consumer representative should be able to represent the consumer perspective on issues and actions before the advisory committee; serve as a liaison between the committee and interested consumers, associations, coalitions, and consumer organizations; and facilitate dialogue with the advisory committees on scientific issues that affect consumers.

    III. Selection Procedures

    Selection of members representing consumer interests is conducted through procedures that include the use of organizations representing the public interest and public advocacy groups. These organizations recommend nominees for the Agency's selection. Representatives from the consumer health branches of Federal, State, and local governments also may participate in the selection process. Any consumer organization interested in participating in the selection of an appropriate voting or nonvoting member to represent consumer interests should send a letter stating that interest to FDA (see ADDRESSES) within 30 days of publication of this document.

    Within the subsequent 30 days, FDA will compile a list of consumer organizations that will participate in the selection process and will forward to each such organization a ballot listing at least two qualified nominees selected by the Agency based on the nominations received, together with each nominee's current curriculum vitae or resume. Ballots must be filled out and returned to FDA within 30 days. The nominee receiving the highest number of votes ordinarily will be selected to serve as the member representing consumer interests for that particular advisory committee or panel.

    IV. Nomination Procedures

    Any interested person or organization may nominate one or more qualified persons to represent consumer interests on the Agency's advisory committees or panels. Self-nominations are also accepted. Nominations must include a current, complete résumé or curriculum vitae for each nominee and a signed copy of the Acknowledgement and Consent form available at the FDA Advisory Nomination Portal (see ADDRESSES section of this document), and a list of consumer or community-based organizations for which the candidate can demonstrate active participation.

    Nominations must also specify the advisory committee(s) or panel(s) for which the nominee is recommended. In addition, nominations must also acknowledge that the nominee is aware of the nomination unless self-nominated. FDA will ask potential candidates to provide detailed information concerning such matters as financial holdings, employment, and research grants and/or contracts to permit evaluation of possible sources of conflicts of interest. Members will be invited to serve for terms up to 4 years.

    FDA will review all nominations received within the specified timeframes and prepare a ballot containing the names of qualified nominees. Names not selected will remain on a list of eligible nominees and be reviewed periodically by FDA to determine continued interest. Upon selecting qualified nominees for the ballot, FDA will provide those consumer organizations that are participating in the selection process with the opportunity to vote on the listed nominees. Only organizations vote in the selection process. Persons who nominate themselves to serve as voting or nonvoting consumer representatives will not participate in the selection process.

    This notice is issued under the Federal Advisory Committee Act (5 U.S.C. app. 2) and 21 CFR part 14, relating to advisory committees.

    Dated: April 5, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-07426 Filed 4-10-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-D-3848] E11(R1) Addendum: Clinical Investigation of Medicinal Products in the Pediatric Population; International Council for Harmonisation; Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing the availability of a guidance for industry entitled “E11(R1) Addendum: Clinical Investigation of Medicinal Products in the Pediatric Population” (E11(R1) addendum or addendum). The guidance was prepared under the auspices of the International Council for Harmonisation (ICH), formerly the International Conference on Harmonisation. The guidance is an addendum to the guidance published in 2000 entitled “E11 Clinical Investigation of Medicinal Products in the Pediatric Population” (ICH E11 (2000)), and provides updates to the original guidance. This addendum does not alter the scope of the original guidance, which outlines an approach to the safe, efficient, and ethical study of medicinal products in the pediatric population. This addendum complements and provides clarification and current regulatory perspective on topics in pediatric drug development. The guidance is intended to provide high-level guidance on the implementation of important approaches in pediatric drug development. This harmonized addendum will help to define the current recommendations and reduce the likelihood that substantial differences will exist among regions for the acceptance of data generated in pediatric global drug development programs and ensure timely access to medicines for children.

    DATES:

    The announcement of the guidance is published in the Federal Register on April 11, 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-2016-D-3848 for “E11(R1) Addendum: Clinical Investigation of Medicinal Products in the Pediatric Population.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.”

    Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    You may submit comments on any guidance at any time (see 21 CFR 10.115(g)(5)).

    Submit written requests for single copies of this guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002, or the Office of Communication, Outreach and Development, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. 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: Lynne Yao, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Avenue, Bldg. 22, Rm. 6406, Silver Spring, MD 20993-0002, 301-796-2141; or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911. 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 reduce differences in technical requirements for drug development among regulatory agencies.

    The 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. The 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; 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 guidances.

    In the Federal Register of November 22, 2016 (81 FR 83847), FDA published a notice announcing the availability of a draft guidance entitled “E11(R1) Addendum: Clinical Investigation of Medicinal Products in the Pediatric Population.” The notice gave interested persons an opportunity to submit comments by February 21, 2017.

    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 August 2017.

    The E11(R1) addendum provides guidance on pediatric drug development and is intended to complement and provide clarification and current regulatory perspectives on topics in pediatric drug development that were originally presented in ICH E11 (2000). The addendum does not alter the scope of the original guidance, which outlines an approach to the safe, efficient, and ethical study of medicinal products in the pediatric population. In the addendum, section II (2) (ETHICAL CONSIDERATIONS), section IV (4) (AGE CLASSIFICATION AND PEDIATRIC SUBGROUPS, INCLUDING NEONATES), and section VII (7) (PEDIATRIC FORMULATIONS), supplement the content in ICH E11 (2000). Section III (3) (COMMONALITY OF SCIENTIFIC APPROACH FOR PEDIATRIC DRUG DEVELOPMENT PROGRAMS) addresses issues to aid scientific discussions at various stages of pediatric drug development in different regions. Section V (5) (APPROACHES TO OPTIMIZE PEDIATRIC DRUG DEVELOPMENT) includes enhancement to the topic of Extrapolation, and introduces Modeling and Simulation. Section VI (6) (PRACTICALITIES IN THE DESIGN AND EXECUTION OF PEDIATRIC CLINICAL TRIALS) includes discussion of feasibility, outcome assessments, and long-term clinical aspects, including safety. These sections describe essential considerations intended to provide high-level guidance on the implementation of these approaches in pediatric drug development and have been revised based on comments received from global stakeholders.

    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 “E11(R1) Addendum: Clinical Investigation of Medicinal Products in the Pediatric Population.” 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: April 4, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-07375 Filed 4-10-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of General Medical Sciences; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the National Advisory General Medical Sciences Council.

    The meeting will be open to the public as indicated below, with a short public comment period at the end. Attendance is limited by the space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The open session will also be videocast and can be accessed from the NIH Videocasting and Podcasting website (http://videocast.nih.gov).

    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 Comittee: National Advisory General Medical Sciences Council.

    Date: May 24-25, 2018.

    Closed: May 24, 2018, 9:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Natcher Building, Conference Rooms E1 & E2, 45 Center Drive, Bethesda, MD 20892.

    Open: May 25, 2018, 8:30 a.m. to 12:00 p.m.

    Agenda: For the discussion of program policies and issues; opening remarks; report of the Director, NIGMS; and other business of the Council.

    Place: National Institutes of Health, Natcher Building, Conference Rooms E1 & E2, 45 Center Drive, Bethesda, MD 20892.

    Contact Person: Ann A. Hagan, Ph.D., Associate Director for Extramural Activities, NIGMS, NIH, DHHS, 45 Center Drive, Room 2AN24H, MSC 6200, Bethesda, MD 20892-6200, (301) 594-4499, [email protected].

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    Information is also available on the Institute's/Center's home page: http://www.nigms.nih.gov/About/Council, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)
    Dated: April 5, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-07396 Filed 4-10-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Meeting

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the Frederick National Laboratory Advisory Committee to the National Cancer Institute.

    The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The meeting will also be videocast and can be accessed from the NIH Videocasting and Podcasting website (http://videocast.nih.gov/).

    Name of Committee: Frederick National Laboratory Advisory Committee to the National Cancer Institute.

    Date: May 8, 2018.

    Time: 9:00 a.m. to 5:00 p.m.

    Agenda: Ongoing and new activities at the Frederick National Laboratory for Cancer Research.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Conference Room TE406, Rockville, MD 20850.

    Contact Person: Caron A. Lyman, Ph.D., Executive Secretary, National Cancer Institute, National Institutes of Health, 9609 Medical Center Drive, Room 7W-126, Bethesda, MD 20892, 240-276-6348, [email protected].

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NCI Shady Grove has instituted stringent procedures for entrance into the NCI Shady Grove building. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    Information is also available on the Institute's/Center's home page: http://deainfo.nci.nih.gov/advisory/fac/fac.htm, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)
    Dated: April 5, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-07390 Filed 4-10-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Alcohol Abuse and Alcoholism; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Alcohol Abuse and Alcoholism Initial Review Group; Neuroscience Review Subcommittee (AA-4).

    Date: June 6, 2018.

    Time: 8:30 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, National Institute on Alcohol Abuse and Alcoholism, Conference Room T508, 5635 Fishers Lane, Rockville, MD 20851.

    Contact Person: Beata Buzas, Ph.D., Scientific Review Officer, Office of Extramural Activities National Institute on Alcohol Abuse and Alcoholism, 5635 Fishers Lane, Room 2081, National Institutes of Health, Rockville, MD 20852, 301-443-0800, [email protected].

    Name of Committee: National Institute on Alcohol Abuse and Alcoholism Initial Review Group; Biomedical Research Review Subcommittee (AA-1).

    Date: June 12, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, National Institute on Alcohol Abuse and Alcoholism, 5th Floor Conference Room, 5635 Fishers Lane, Rockville, MD 20851.

    Contact Person: Philippe Marmillot, Ph.D., Scientific Review Officer, Extramural Project Review Branch, National Institute on Alcohol Abuse and Alcoholism, National Institutes of Health, 5635 Fishers Lane, Room 2017, Bethesda, MD 20892, 301-443-2861, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.271, Alcohol Research Career Development Awards for Scientists and Clinicians; 93.272, Alcohol National Research Service Awards for Research Training; 93.273, Alcohol Research Programs; 93.891, Alcohol Research Center Grants; 93.701, ARRA Related Biomedical Research and Research Support Awards, National Institutes of Health, HHS)
    Dated: April 5, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-07393 Filed 4-10-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Clinical Trial Implementation Cooperative Agreement (U01).

    Date: May 1, 2018.

    Time: 1:00 p.m. to 4:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892 (Telephone Conference Call).

    Contact Person: Nancy Vazquez-Maldonado, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, Room 3F52B, National Institutes of Health/NIAID, 5601 Fishers Lane, MSC 9834, Bethesda, MD 20892-9834, (240) 669-5044, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: April 5, 2018. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-07394 Filed 4-10-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the National Advisory Council on Aging.

    The meeting will be open to the public as indicated below, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Advisory Council on Aging.

    Date: May 22-23, 2018.

    Closed: May 22, 2018, 3:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Building 31, C Wing 6th Floor Conference Room 10, 9000 Rockville Pike, Bethesda, MD 20892.

    Open: May 23, 2018, 8:00 a.m. to 2:00 p.m.

    Agenda: Call to order and report from the Director; Discussion of future meeting dates; Consideration of minutes of last meeting; Reports from Task Force on Minority Aging Research, Working Group on Program; Council Speaker; Program Highlights

    Place: National Institutes of Health, Building 31, C Wing 6th Floor Conference Room 10, 9000 Rockville Pike, Bethesda, MD 20892.

    Contact Person: Robin Barr, Director, National Institute on Aging, Office of Extramural Activities, Gateway Building, 7201 Wisconsin Avenue, Bethesda, MD 20814, (301) 496-9322, [email protected].

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit. Information is also available on the Institute's/Center's home page: www.nih.gov/nia/naca/, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)
    Dated: April 5, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-07392 Filed 4-10-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Special Emphasis Panel; NCI Program Project Review I (P01).

    Date: April 17-18, 2018.

    Time: 4:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hilton Washington/Rockville Hotel, 1750 Rockville Pike, Rockville, MD 20852.

    Contact Person: Adriana Stoica, Ph.D., Scientific Review Officer, Resources and Training Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W234, Bethesda, MD 20892-9750, 240-276-6368, [email protected].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)
    Dated: April 5, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-07389 Filed 4-10-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Heart, Lung, and Blood Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting of the NHLBI 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 contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel; Early Detection & Monitoring of Cardiac Injury Due to Cardiotoxicity.

    Date: May 4, 2018.

    Time: 12:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate contract proposals.

    Place: National Institutes of Health, 6701 Rockledge Drive, Room 7186, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: Keith A. Mintzer, Ph.D., Scientific Review Officer, Office of Scientific Review/DERA, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7186, Bethesda, MD 20892-7924, 301-594-7947, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)
    Dated: April 5, 2018. Michelle D. Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-07391 Filed 4-10-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Center for Advancing Translational Sciences; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Center for Advancing Translational Sciences Special Emphasis Panel; Tissue Chips in Space.

    Date: May 3, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hyatt Regency Bethesda One, Bethesda Metro Center, The Cabinet & Judiciary Conference Rooms, 7400 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Christine A. Livingston, Ph.D., Scientific Review Officer, Office of Scientific Review, National Center for Advancing Translational Sciences (NCATS), National Institutes of Health, 6701 Democracy Blvd., Democracy 1, Room 1073, Bethesda, MD 20892, (301) 435-1348, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.350, B—Cooperative Agreements; 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)
    Dated: April 5, 2018. David D. Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-07414 Filed 4-10-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Committee on Aging Special Emphasis Panel; Second Stage Review.

    Date: April 10, 2018.

    Time: 12:00 a.m. to 2:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institute on Aging, Gateway Building, Suite 2W200, 7201 Wisconsin Avenue, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Jeannette L. Johnson, Ph.D., National Institutes on Aging, National Institutes of Health, 7201 Wisconsin Avenue, Suite 2W200, Bethesda, MD 20892, (301) 402-7705, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)
    Dated: April 5, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-07415 Filed 4-10-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious Diseases Special Emphasis Panel NIAID Clinical Trial Planning Grants (R34).

    Date: May 3, 2018.

    Time: 1:00 p.m. to 3:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892 (Telephone Conference Call).

    Contact Person: Thomas F. Conway, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activies, Room 3G51, National Institutes of Health, NIAID, 5601 Fishers Lane, MSC 9823, Bethesda, MD 20892-9823, 240-507-9685, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: April 5, 2018. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-07395 Filed 4-10-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR: Adverse Drug Reaction Research.

    Date: April 16, 2018.

    Time: 9:00 a.m. to 12:00 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: Alexander D. Politis, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3210, MSC 7808, Bethesda, MD 20892, (301) 435-1150, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; PAR-16-044: Image-Guided Drug Delivery (R01).

    Date: April 19, 2018.

    Time: 10:00 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Guo Feng Xu, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5122, MSC 7854, Bethesda, MD 20892, 301-237-9870, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; MABS extension.

    Date: April 19, 2018.

    Time: 3:00 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: Craig Giroux, Ph.D., Scientific Review Officer, BST IRG, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5150, Bethesda, MD 20892, 301-435-2204, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; RFA-CA-17-035: Human Tumor Atlas Research Program.

    Date: May 7-8, 2018.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road NW, Washington, DC 20015.

    Contact Person: Lilia Topol, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6192, MSC 7804, Bethesda, MD 20892, 301-451-0131, [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: April 5, 2018. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2018-07388 Filed 4-10-18; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Center for Substance Abuse Treatment; Notice of Meeting

    Pursuant to Public Law 92-463, notice is hereby given that the Substance Abuse and Mental Health Services Administration's (SAMHSA's) Center for Substance Abuse Treatment (CSAT) National Advisory Council will meet on May 18, 2018, 2:00 p.m.-3:00 p.m. (EDT) in a closed teleconference meeting.

    The meeting will include discussions and evaluations of grant applications reviewed by SAMHSA's Initial Review Groups, and involve an examination of confidential financial and business information as well as personal information concerning the applicants. Therefore, the meeting will be closed to the public as determined by the SAMHSA Assistant Secretary for Mental Health and Substance Use in accordance with Title 5 U.S.C. 552b(c)(4) and (6) and Title 5 U.S.C. App. 2, 10(d).

    Meeting information and a roster of Council members may be obtained by accessing the SAMHSA Committee website at http://www.samhsa.gov/about-us/advisory-councils/csat-national-advisory-council or by contacting the CSAT National Advisory Council Designated Federal Officer; Tracy Goss (see contact information below).

    Council Name: SAMHSA's Center for Substance Abuse Treatment National Advisory Council.

    Date/Time/Type: May 18, 2018, 2:00 p.m.-3:00 p.m. EDT, Closed.

    Place: SAMHSA, 5600 Fishers Lane, Rockville, Maryland 20857.

    Contact: Tracy Goss, Designated Federal Officer, CSAT National Advisory Council, 5600 Fishers Lane, Rockville, Maryland 20857 (mail), Telephone: (240) 276-0759, Fax: (240) 276-2252, Email: [email protected].

    Dated: April 6, 2018. Carlos Castillo, Committee Management Officer, SAMHSA.
    [FR Doc. 2018-07493 Filed 4-10-18; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Notice of Meeting for the Interdepartmental Serious Mental Illness Coordinating Committee (ISMICC)—Correction AGENCY:

    Substance Abuse and Mental Health Services Administration, HHS.

    ACTION:

    Notice of correction.

    SUMMARY:

    This is a correction to the meeting announcement of the Notice of Meeting for the Interdepartmental Serious Mental Illness Coordinating Committee published on the Federal Register, Vol. 83, No. 66/Thursday, April 5, 2018/Notices. FR Doc. 2018-06913. The notice of the meeting should have included the following statement: Members of the public can attend the meeting via telephone or webcast only, and not in person.

    The Secretary of Health and Human Services (Secretary), in accordance with section 6031 of the 21st Century Cures Act, announces a meeting of the Interdepartmental Serious Mental Illness Coordinating Committee (ISMICC).

    The meeting is open to the public and will include information on federal efforts related to serious mental illness (SMI) and serious emotional disturbance (SED), including data evaluation, and recommendations for action. Committee members will also discuss ISMICC member relationship to implementation workgroups, establishing the prevalence of SMI and SED, communication with non-federal organizations to engage non-federal support for ISMICC, and future meetings.

    Committee Name: Interdepartmental Serious Mental Illness Coordinating Committee.

    DATES:

    June 8, 2018/9:00 a.m.-5:00 p.m. (EDT).

    ADDRESSES:

    The meeting will be held at the Hubert H. Humphrey Building, 200 Independence Avenue SW, Room 800, Washington, DC 20201. The meeting can be accessed via webcast at www.hhs.gov/live, or by joining the teleconference at toll-free number 1-888-928-9713, passcode 7160920.

    The public comment section is scheduled for 1:00 p.m. Eastern Daylight Time (EDT), and individuals interested in submitting a comment, must notify the Designated Federal Official (DFO), Ms. Pamela Foote, on or before May 24, 2018 via email to: [email protected]

    Two minutes will be allotted for each approved public comment as time permits. Written comments received in advance of the meeting will be included in the official record of the meeting.

    Substantive meeting information and a roster of Committee members is available at the Committee's website https://www.samhsa.gov/about-us/advisory-councils/smi-committee.

    FOR FURTHER INFORMATION CONTACT:

    Pamela Foote, Substance Abuse and Mental Health Services Administration, 5600 Fishers Lane, 14E53C, Rockville, MD 20857; telephone: 240-276-1279; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background and Authority

    The ISMICC was established on March 15, 2017, in accordance with section 6031 of the 21st Century Cures Act, and the Federal Advisory Committee Act, 5 U.S.C. App., as amended, to report to the Secretary, Congress, and any other relevant federal department or agency on advances in serious mental illness (SMI) and serious emotional disturbance (SED), research related to the prevention of, diagnosis of, intervention in, and treatment and recovery of SMIs, SEDs, and advances in access to services and support for adults with SMI or children with SED. In addition, the ISMICC will evaluate the effect federal programs related to serious mental illness have on public health, including public health outcomes such as (A) rates of suicide, suicide attempts, incidence and prevalence of SMIs, SEDs, and substance use disorders, overdose, overdose deaths, emergency hospitalizations, emergency room boarding, preventable emergency room visits, interaction with the criminal justice system, homelessness, and unemployment; (B) increased rates of employment and enrollment in educational and vocational programs; (C) quality of mental and substance use disorders treatment services; or (D) any other criteria as may be determined by the Secretary. Finally, the ISMICC will make specific recommendations for actions that agencies can take to better coordinate the administration of mental health services for adults with SMI or children with SED. Not later than 1 (one) year after the date of enactment of the 21st Century Cures Act, and 5 (five) years after such date of enactment, the ISMICC shall submit a report to Congress and any other relevant federal department or agency.

    II. Membership

    This ISMICC consists of federal members listed below or their designees, and non-federal public members.

    Federal Membership: Members include, The Secretary of HHS; The Assistant Secretary for Mental Health and Substance Use; The Attorney General; The Secretary of the Department of Veterans Affairs; The Secretary of the Department of Defense; The Secretary of the Department of Housing and Urban Development; The Secretary of the Department of Education; The Secretary of the Department of Labor; The Administrator of the Centers for Medicare and Medicaid Services; and The Commissioner of the Social Security Administration.

    Non-federal Membership: Members include, 14 non-federal public members appointed by the Secretary, representing psychologists, psychiatrists, social workers, peer support specialists, and other providers, patients, family of patients, law enforcement, the judiciary, and leading research, advocacy, or service organizations.

    The ISMICC is required to meet twice per year.

    Dated: April 6, 2018. Carlos Castillo, Committee Management Officer.
    [FR Doc. 2018-07479 Filed 4-10-18; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Agency Information Collection Activities: Proposed Collection; Comment Request

    In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 concerning opportunity for public comment on proposed collections of information, the Substance Abuse and Mental Health Services Administration (SAMHSA) will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the information collection plans, call the SAMHSA Reports Clearance Officer at (240) 276-1243.

    Comments are invited on: (a) Whether the proposed collections of information are necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) 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.

    Proposed Project: Survey of State Underage Drinking Prevention Policies and Practices—(OMB No. 0930-0316)—Revision

    The Sober Truth on Preventing Underage Drinking Act (the “STOP Act”) (Pub. L. 109-422, reauthorized in 2016 by Pub. L. 114-255) states that the “Secretary [of Health and Human Services] shall . . . annually issue a report on each state's performance in enacting, enforcing, and creating laws, regulations, and programs to prevent or reduce underage drinking.” The Secretary has delegated responsibility for this report to SAMHSA. Therefore, SAMHSA has developed a Survey of State Underage Drinking Prevention Policies and Practices (the “State Survey”) to provide input for the state-by-state report on prevention and enforcement activities related to underage drinking component of the Annual Report to Congress on the Prevention and Reduction of Underage Drinking (“Report to Congress”).

    The STOP Act also requires the Secretary to develop “a set of measures to be used in preparing the report on best practices” and to consider categories including but not limited to the following:

    Category #1: Sixteen specific underage drinking laws/regulations enacted at the state level (e.g., laws prohibiting sales to minors; laws related to minors in possession of alcohol). Note that ten additional policies have been added to the Report to Congress pursuant to Congressional appropriations language or the Secretary's authority granted by the STOP Act;

    Category #2: Enforcement and educational programs to promote compliance with these laws/regulations;

    Category #3: Programs targeted to youths, parents, and caregivers to deter underage drinking and the number of individuals served by these programs;

    Category #4: The amount that each state invests, per youth capita, on the prevention of underage drinking broken into five categories: (a) Compliance check programs in retail outlets; (b) Checkpoints and saturation patrols that include the goal of reducing and deterring underage drinking; (c) Community-based, school-based, and higher-education-based programs to prevent underage drinking; (d) Underage drinking prevention programs that target youth within the juvenile justice and child welfare systems; and (e) Any other state efforts or programs that target underage drinking.

    Congress' purpose in mandating the collection of data on state policies and programs through the State Survey is to provide policymakers and the public with otherwise unavailable but much needed information regarding state underage drinking prevention policies and programs. SAMHSA and other Federal agencies that have underage drinking prevention as part of their mandate use the results of the State Survey to inform federal programmatic priorities, as do other stakeholders, including community organizations. The information gathered by the State Survey has established a resource for state agencies and the general public for assessing policies and programs in their own state and for becoming familiar with the programs, policies, and funding priorities of other states.

    Because of the broad scope of data required by the STOP Act, SAMHSA relies on existing data sources where possible to minimize the survey burden on the states. SAMHSA uses data on state underage drinking policies from the National Institute of Alcohol Abuse and Alcoholism's Alcohol Policy Information System (APIS), an authoritative compendium of state alcohol-related laws. The APIS data is augmented by SAMHSA with original legal research on state laws and policies addressing underage drinking to include all of the STOP Act's requested laws and regulations (Category #1 of the four categories included in the STOP Act, as described above, page 2).

    The STOP Act mandates that the State Survey assess “best practices” and emphasize the importance of building collaborations with federally recognized tribal governments (“tribal governments”). It also emphasizes the importance at the federal level of promoting interagency collaboration and to that end established the Interagency Coordinating Committee on the Prevention of Underage Drinking (ICCPUD). SAMHSA has determined that to fulfill the Congressional intent, it is critical that the State Survey gather information from the states regarding the best practices standards that they apply to their underage drinking programs, collaborations between states and tribal governments, and the development of state-level interagency collaborations similar to ICCPUD.

    SAMHSA has determined that data on Categories #2, #3, and #4 mandated in the STOP Act (as listed on page 2) (enforcement and educational programs; programs targeting youth, parents, and caregivers; and state expenditures) as well as states' best practices standards, collaborations with tribal governments, and state-level interagency collaborations are not available from secondary sources and therefore must be collected from the states themselves. The State Survey is therefore necessary to fulfill the Congressional mandate found in the STOP Act. Furthermore, the uniform collection of these data from the states over the last seven years has created a valuable longitudinal dataset, and the State Survey's renewal is vital to maintaining this resource.

    The State Survey is a single document that is divided into four sections, as follows:

    (1) Enforcement programs to promote compliance with underage drinking laws and regulations (as described in Category #2 above, page 2);

    (2) Programs and media campaigns targeted to youth, parents, and caregivers to deter underage drinking (as described in Category #3 above, page 2);

    (3) State interagency collaboration to implement prevention programs and media campaigns, state best-practice standards, and collaborations with tribal governments (as described above, page 4);

    (4) The amount that each state invests on the prevention of underage drinking in the categories specified in the STOP Act (see description of Category #4, above, page 2) and descriptions of any dedicated fees, taxes, or fines used to raise these funds.

    The number of questions in each section is as follows:

    Section 1: 38 questions Section 2A: 15 questions Section 2B: 12 questions Section 2C: 10 questions Section 2D: 10 questions TOTAL: 85 questions

    Note that the number of questions in Section 2A is an estimate. This section asks states to identify up to 10 programs that are specific to underage drinking prevention. For each program identified there are three follow-up questions. Based on the average number of programs per state reported in the Survey's seven year history, it is anticipated that states will report an average of five programs for a total of 15 questions.

    It is anticipated that most respondents will actually respond to only a subset of this total. The Survey is designed with “skip logic,” which means that many questions will only be directed to a subset of respondents who report the existence of particular programs or activities.

    This latest version of the Survey has been revised as follows:

    1. Part 2, Section A: Programs

    a. A question about underage drinking prevention programs has been eliminated. Previously, states were asked to define each program by whether it was aimed at the “general population” or a “specific countable population (e.g., at-risk high school students).” This question was not misinterpreted by some respondents, leading to inconsistent data. It was not uncommon for states to provide specific population numbers for a program they had previously defined as being aimed at the general population. For this reason, it is being eliminated.

    b. Questions about the specific number of different populations (youth, parents, and caregivers) served by each prevention program have been reformatted as follows:

    i. Definitions of each population category have been deleted from the introduction to Part 2, Section A and have been incorporated into the subsequent questions about each program, making it easier for respondents to answer these questions without referring back to the introduction.

    ii. For the sake of efficiency, three separate questions about type of population served by each program have been collapsed into one question.

    c. References to “media campaigns” have been added to the introduction of this section to encourage respondents to include these among the prevention programs listed in their responses. As noted in the following description to changes in Part 2, Section B, the survey is being amended to evaluate awareness of, and participation in the national media campaign mandated by the STOP Act.

    2. Part 2. Section B: Collaborations and Best Practices

    a. New questions about the national media campaign to reduce underage drinking aimed at adults (as mandated by the STOP Act) have been added. The questions are intended to:

    i. Evaluate awareness of and participation in the national media campaign, “Talk. They Hear You.” (TTHY), including questions about the commitment of state resources and funding to this effort. The STOP Act requires evaluation of the national media campaign, which is largely conducted by other survey instruments. However, adding a question on the campaign here is an efficient way to gather state-level data for the analysis.

    ii. Determine whether the states participate in other media campaigns intended to reduce underage drinking.

    iii. Expand the scope of the Survey to include social marketing or counter-advertising efforts in the effort to reduce underage drinking. Currently, the Survey includes a question about whether states have programs to measure or reduce youth exposure to alcohol advertising and marketing. This question will remain, but the new questions will capture proactive efforts to counter this advertising and marketing.

    No additional time burden should be placed on the respondents, as the added questions are balanced by the deletion of others, with a small net reduction in the total number of questions. All questions continue to ask only for readily available data.

    To ensure that the State Survey obtains the necessary data while minimizing the burden on the states, SAMHSA has conducted a lengthy and comprehensive planning process. It sought advice from key stakeholders (as mandated by the STOP Act) including hosting multiple stakeholders meetings, conducting two field tests with state officials likely to be responsible for completing the State Survey, and investigating and testing various State Survey formats, online delivery systems, and data collection methodologies.

    Based on these investigations, SAMHSA collects the required data using an online survey data collection platform (SurveyMonkey). Links to the four sections of the survey are distributed to states via email. The State Survey is sent to each state governor's office and the Office of the Mayor of the District of Columbia. Based on the experience from the last seven years of administering the State Survey, it is anticipated that the state governors will designate staff from state agencies that have access to the requested data (typically state Alcohol Beverage Control [ABC] agencies and state Substance Abuse Program agencies). SAMHSA provides both telephone and electronic technical support to state agency staff and emphasizes that the states are only expected to provide data that is readily available and are not required to provide data that has not already been collected. The burden estimate below takes into account these assumptions.

    The estimated annual response burden to collect this information is as follows:

    Instrument Number of
  • respondents
  • Responses/
  • respondent
  • Burden/
  • response
  • (hrs)
  • Annual burden
  • (hrs)
  • State Questionnaire 51 1 17.7 902.7

    Send comments to Summer King, SAMHSA Reports Clearance Officer, Room 15E57-B, 5600 Fishers Lane, Rockville, MD 20857 or email her a copy at [email protected] Written comments should be received by June 11, 2018.

    Summer King, Statistician.
    [FR Doc. 2018-07438 Filed 4-10-18; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HOMELAND SECURITY Customs and Border Protection Accreditation and Approval of Intertek USA, Inc. (Jacksonville, FL), as a Commercial Gauger and Laboratory AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    Notice of accreditation and approval of Intertek USA, Inc. (Jacksonville, FL), as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Intertek USA, Inc. (Jacksonville, FL), has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of September 29, 2017.

    DATES:

    Intertek USA, Inc. (Jacksonville, FL) was accredited and approved, as a commercial gauger and laboratory as of September 29, 2017. The next triennial inspection date will be scheduled for September 2020.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Justin Shey, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Intertek USA, Inc., 1708 Marshall Street, Jacksonville, FL 32206 has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Intertek USA, Inc., is approved for the following gauging procedures for petroleum and certain petroleum products from the American Petroleum Institute (API):

    API chapters Title 3 Tank Gauging. 7 Temperature Determination. 8 Sampling. 11 Physical Properties Data. 12 Calculations. 17 Marine Measurement.

    Intertek USA, Inc., is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-06 D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27-08 D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27-11 D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity). 27-48 D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27-57 D 7039 Standard Test Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic Wavelength Dispersive X-Ray Fluorescence Spectrometry. 27-58 D 5191 Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method).

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the website listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories.

    Dated: April 3, 2018. James D. Sweet, Acting Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2018-07428 Filed 4-10-18; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY Customs and Border Protection Accreditation and Approval of Intertek USA, Inc. (Carteret, NJ) as a Commercial Gauger and Laboratory AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    Notice of accreditation and approval of Intertek USA, Inc. (Carteret, NJ), as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Intertek USA, Inc. (Carteret, NJ), has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of October 25, 2017.

    DATES:

    Intertek USA, Inc. (Carteret, NJ) was approved and accredited as a commercial gauger and laboratory as of October 25, 2017. The next triennial inspection date will be scheduled for October 2020.

    FOR FURTHER INFORMATION CONTACT:

    Christopher J. Mocella, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Intertek USA, Inc., 1000 Port Carteret Dr., Building C, Carteret, NJ 07008 has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Intertek USA, Inc., is approved for the following gauging procedures for petroleum and certain petroleum products from the American Petroleum Institute (API):

    API
  • chapters
  • Title
    1 Vocabulary. 3 Tank Gauging. 7 Temperature Determination. 8 Sampling. 12 Calculations. 17 Maritime Measurement.

    Intertek USA, Inc., is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-01 D287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method). 27-04 D95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27-06 D473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27-07 D4807 Standard Test Method for Sediment in Crude Oil by Membrane Filtration. 27-08 D86 Standard Test Method for Distillation of Petroleum Products. 27-11 D445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids. 27-13 D4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluorescence Spectrometry. 27-46 D5002 Standard Test Method for Density and Relative Density of Crude Oils by Digital Density Analyzer. 27-48 D4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27-50 D93 Standard Test Methods for Flash-Point by Pensky-Martens Closed Cup Tester. 27-53 D2709 Standard Test Method for Water and Sediment in Middle Distillate Fuels by Centrifuge. 27-58 D5191 Standard Test Method For Vapor Pressure of Petroleum Products (Mini Method). Pending D1319 Standard Test Method for Hydrocarbon Types in Liquid Petroleum Products by Fluorescent Indicator Adsorption. Pending D2699 Octane Number of Spark-Ignition Engine Fuel. Pending D2700 Motor Octane Number of Spark-Ignition Engine Fuel. Pending D3606 Standard Test Method for Determination of Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas Chromatography. Pending D5599 Standard Test Method for Determination of Oxygenates in Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization Detection. Pending D5769 Determination of Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass Spectrometry.

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the website listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories.

    Dated: April 4, 2018. James D. Sweet, Acting Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2018-07431 Filed 4-10-18; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of Intertek USA, Inc. (Signal Hill, CA) as a Commercial Gauger and Laboratory AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    Notice of accreditation and approval of Intertek USA, Inc. (Signal Hill, CA), as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Intertek USA, Inc. (Signal Hill, CA), has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of June 6, 2017.

    DATES:

    Intertek USA, Inc. (Signal Hill, CA) was approved and accredited as a commercial gauger and laboratory as of June 6, 2017. The next triennial inspection date will be scheduled for June 2020.

    FOR FURTHER INFORMATION CONTACT:

    Christopher J. Mocella, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW, Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Intertek USA, Inc., 1941 Freeman Ave., Suite A, Signal Hill, CA 90755, has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Intertek USA, Inc., is approved for the following gauging procedures for petroleum and certain petroleum products from the American Petroleum Institute (API):

    API
  • chapters
  • Title
    3 Tank gauging. 7 Temperature determination. 8 Sampling. 12 Calculations. 17 Maritime measurement.

    Intertek USA, Inc., is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-03 D4006 Standard Test Method for Water in Crude Oil by Distillation. 27-04 D95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27-05 D4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27-06 D473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27-11 D445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids. 27-13 D4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-ray Fluorescence Spectrometry. 27-46 D5002 Standard Test Method for Density and Relative Density of Crude Oils by Digital Density Analyzer. 27-48 D4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter.

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the website listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories.

    Dated: April 4, 2018. James D. Sweet, Acting Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2018-07432 Filed 4-10-18; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-6001-N-14] 60-Day Notice of Proposed Information Collection: HUD Multifamily Energy Assessment AGENCY:

    Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 60 days of public comment.

    DATES:

    Comments Due Date: June 11, 2018.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Colette Pollard, Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 7th Street SW, Room 4176, Washington, DC 20410-5000; telephone 202-402-3400 (this is not a toll-free number) or email at [email protected] for a copy of the proposed forms or other available information. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    FOR FURTHER INFORMATION CONTACT:

    Harry Messner, Office of Asset Management and Portfolio Oversight, Department of Housing, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; email Harry Messner at [email protected] or telephone 202-402-2626. This is not a toll-free number. Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339.

    Copies of available documents submitted to OMB may be obtained from Mr. Messner.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.

    A. Overview of Information Collection

    Title of Information Collection: HUD Multifamily Energy Assessment.

    OMB Approval Number: 2502-0568.

    Type of Request: Extension of a currently approved collection.

    Form Number: HUD-9614 and Certification of Compliance.

    Description of the Need for the Information and Proposed Use: The purpose of this information collection is to assist owners of multifamily housing projects with assessing energy needs in an effort to reduce energy costs and improve energy conservation.

    Respondents: Business and Other for profit.

    Estimated Number of Respondents: 19,079.

    Estimated Number of Responses: 19,079.

    Frequency of Response: 1.

    Average Hours per Response: 8 hours.

    Total Estimated Burdens: 99,861.

    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: January 5, 2018. Dana Wade, General Deputy Assistant Secretary for Housing. Editorial note:

    The Office of the Federal Register received this notice on April 6, 2018.

    [FR Doc. 2018-07485 Filed 4-10-18; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-7001-N-04] 30-Day Notice of Proposed Information Collection: Restrictions on Assistance to Noncitizens AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD submitted the proposed information collection requirement described below to the Office of Management and Budget (OMB) for review, in accordance with the Paperwork Reduction Act. The purpose of this notice is to allow for 30 days of public comment.

    DATES:

    Comments Due Date: May 11, 2018.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax:202-395-5806, Email: OIRA [email protected]

    FOR FURTHER INFORMATION, CONTACT:

    Colette Pollard, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; email [email protected], or telephone 202-402-3400. This is not a toll-free number. Person with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339. Copies of available documents submitted to OMB may be obtained from Ms. Pollard.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A. The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on October 11, 2017 at 82 FR 47239.

    A. Overview of Information Collection

    Title of Information Collection: Restrictions on Assistance to Noncitizens.

    OMB Approved Number: 2501-0014.

    Type of Request: Reinstatement without change of currently approved collection.

    Form Number: HUD-9886, HUD-9886-ARA, HUD-9886-CAM, HUD-9886-CHI, HUD-9886-CRE, HUD-9886-FRE, HUD-9886-HMO, HUD-9886-KOR, HUD-9886-RUS, HUD-9886-SPA, HUD-9886-VIE.

    Description of the need for the information and proposed use: HUD is prohibited from making financial assistance available to other than citizens or persons of eligible immigration status. This is a request for a reinstatement of the current approval for HUD to require a declaration of citizenship or eligible immigration status from individuals seeking certain housing assistance.

    Respondents (i.e., affected public): Individuals or households, State, Local, or Tribal Government.

    Reporting Burden Information collection Number of
  • respondents
  • Frequency
  • of response
  • Responses
  • per annum
  • Burden
  • hour
  • per
  • response
  • Annual
  • burden
  • hours
  • Hourly
  • cost
  • per
  • response
  • Annual cost
    New tenant admissions in Public & Indian Housing and Section 8 Programs ** 4,055 213 863,715.00 0.16 138,194.40 $4.80 $663,333.12 Annual recertification of tenants' eligible immigration status in Public & Indian Housing and Section 8 Programs ** 4,055 7 28,385.00 0.08 2,270.80 2.40 5,449.92 140,681 668,783.04
    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond: including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    C. Authority

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: January 30, 2018. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2018-07486 Filed 4-10-18; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R4-ES-2018-N021; FXES11140400000-189-FF04E00000] Endangered Species Recovery Permit Applications AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of receipt of permit applications; request for comment.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service, invite the public to comment on the following applications to conduct certain activities with endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits activities with listed species unless a Federal permit is issued that allows such activities. The ESA requires that we invite public comment before issuing these permits.

    DATES:

    We must receive written data or comments on the applications at the address given in ADDRESSES by May 11, 2018.

    ADDRESSES:

    Reviewing Documents: Documents and other information submitted with the applications are available for review, subject to the requirements of the Privacy Act and Freedom of Information Act, by any party who submits a written request for a copy of such documents to the following office within 30 days of the date of publication of this notice (see DATES): U.S. Fish and Wildlife Service Regional Office, Ecological Services, 1875 Century Boulevard, Atlanta, GA 30345 (Attn: Karen Marlowe, Permit Coordinator).

    Submitting Comments: If you wish to comment, you may submit comments by any one of the following methods:

    U.S. mail or hand-delivery: U.S. Fish and Wildlife Service's Regional Office (see above).

    Email: [email protected] Please include your name and return address in your email message. If you do not receive a confirmation from the U.S. Fish and Wildlife Service that we have received your email message, contact us directly at the telephone number listed in FOR FURTHER INFORMATION CONTACT.

    FOR FURTHER INFORMATION CONTACT:

    Karen Marlowe, Permit Coordinator, 404-679-7097 (telephone) or 404-679-7081 (fax).

    SUPPLEMENTARY INFORMATION:

    We invite review and comment from local, State, and Federal agencies and the public on applications we have received for permits to conduct certain activities with endangered and threatened species under section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), and our regulations in the Code of Federal Regulations (CFR) at 50 CFR part 17. With some exceptions, the ESA prohibits activities with listed species unless a Federal permit is issued that allows such activities. The ESA requires that we invite public comment before issuing these permits.

    Public Availability of Comments

    Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. 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.

    Permit Applications Permit
  • application
  • No.
  • Applicant Species/Numbers Location Activity Type of take Permit
  • action
  • TE 37490B-1 Melissa Littrell, Lexington, KY Gray bat (Myotis grisescens), Indiana bat (M. sodalis), northern long-eared bat (M. septentrionalis) Alabama, Arkansas, Georgia, Illinois, Indiana, Kentucky, Mississippi, Missouri, North Carolina, Ohio, South Carolina, Tennessee, Virginia, and West Virginia Presence/absence surveys Capture with mist nets or harp traps, handle, identify, collect hair samples, swab, band, radio-tag, and wing-punch Renewal. TE 37492B-1 Anthony Grow, Memphis, TN Gray bat (Myotis grisescens), Indiana bat (M. sodalis), northern long-eared bat (M. septentrionalis) Alabama, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming Presence/absence surveys Enter hibernacula, capture with mist nets or harp traps, handle, identify, band, and radio-tag Renewal. TE 37663B-1 Rebecca Ijames, Central City, KY Gray bat (Myotis grisescens), Indiana bat (M. sodalis), northern long-eared bat (M. septentrionalis) Indiana, Kentucky, Missouri, Ohio, and Tennessee Presence/absence surveys Capture with mist nets, handle, identify, band, and radio-tag Renewal TE 022468-5 Endangered Species Branch, Department of Defense, Ft. Bragg, NC Red-cockaded woodpecker (Picoides borealis) North Carolina Population management and monitoring Capture, band, construct, and monitor artificial nest cavities and restrictors, and translocate Renewal. TE 119937-4 Susan Loeb, U.S. Forest Service, Clemson, SC Gray bat (Myotis grisescens), Indiana bat (M. sodalis), northern long-eared bat (M. septentrionalis) Alabama, Arkansas, Georgia, Kentucky, Missouri, North Carolina, Ohio, South Carolina, Tennessee, Virginia, and West Virginia Presence/absence surveys, studies to document habitat use, and population monitoring Enter hibernacula or maternity roost caves, salvage dead bats, capture with mist nets or harp traps, handle, identify, collect hair samples, band, radio-tag, light-tag, and wing-punch Renewal. TE 21809A-2 Monica Folk, Kissimmee, FL Red-cockaded woodpecker (Picoides borealis), Florida scrub jay (Aphelocoma coerulescens) Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, Missouri, North Carolina, and South Carolina Population management and monitoring Red-cockaded woodpecker: Capture, band, construct, and monitor artificial nest cavities and restrictors, and translocate; Florida scrub jay: Capture, band, and monitor nests Renewal and Amendment. TE 48049B-1 Kathryn Cunningham, Garner, NC Indiana bat (Myotis sodalis), northern long-eared bat (M. septentrionalis) Alabama, Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming Presence/absence surveys and population monitoring Enter hibernacula, salvage dead bats, capture with mist nets or harp traps, handle, identify, band, and radio tag Renewal. TE 73104C-0 Clyde Sorenson, North Carolina State University, Raleigh, NC Rhus michauxii (Michaux's sumac), Lysimachia asperulaefolia (rough-leaved loosestrife), Schwalbea americana (American chaffseed) Fort Bragg and Camp Mackall, North Carolina Pollination ecology, genetic diversity, seed set, and viability studies Remove and reduce to possession (collect) stems, leaves, flowers, pollen, nectar, inflorescences, and seeds New TE 088889-3 The Nature Conservancy, Kissimmee, FL Red-cockaded woodpecker (Picoides borealis), Florida scrub jay (Aphelocoma coerulescens) Disney Wilderness Preserve, Florida Population management and monitoring Red-cockaded woodpecker: Capture, band, construct, and monitor artificial nest cavities and restrictors, and translocate; Florida scrub jay: Capture, band, and monitor nests Renewal. TE 108990-4 Ronald Spears, Littleton, CO Gray bat (Myotis grisescens), Indiana bat (M. sodalis), northern long-eared bat (M. septentrionalis) Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming Presence/absence surveys Enter hibernacula or maternity roost caves, salvage dead bats, capture with mist nets or harp traps, handle, identify, band, and radio tag Renewal. TE 237548-3 Tom Counts, Tuscumbia, AL Gray bat (Myotis grisescens), Indiana bat (M. sodalis), northern long-eared bat (M. septentrionalis) Alabama Presence/absence surveys, studies to document habitat use, and population monitoring Enter hibernacula or maternity roost caves, salvage, capture with mist nets or harp traps, handle, identify, collect hair samples, band, radio-tag, light-tag, and wing-punch Renewal. TE 73593C-0 Cody Parks, Rock Hill, SC Northern long-eared bat (Myotis septentrionalis) Alabama, Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming Presence/absence surveys Capture with mist nets, handle, identify, band, and radio-tag New. TE 237549-2 Cory Holliday, Gainesboro, TN Gray bat (Myotis grisescens), Indiana bat (M. sodalis), and northern long-eared bat (M. septentrionalis) Tennessee Presence/absence surveys, studies to document habitat use, population monitoring, and white-nose syndrome surveillance Enter hibernacula or maternity roost caves, salvage dead bats, capture with mist nets or harp traps, handle, identify, collect hair samples, band, radio-tag, light-tag, swab, and wing-punch Renewal and Amendment. TE 65550A-2 Dale Gawlik, Florida Atlantic University, Boca Raton, FL American wood stork (Mycteria americana) Florida Research on differences in nestling health and survival based upon prey selection Capture, band, and collect feathers Amendment. TE 27608B-1 McGehee Engineering Corp., Jasper, AL Gray bat (Myotis grisescens), Indiana bat (M. sodalis), and northern long-eared bat (M. septentrionalis) Alabama Presence/absence surveys and population monitoring Enter hibernacula, capture with mist nets or harp traps, handle, identify, band, and radio-tag Renewal.
    Authority:

    We provide this notice under section 10(c) of the ESA.

    Todd Hopkins, Acting Assistant Regional Director, Ecological Services, Southeast Region.
    [FR Doc. 2018-07434 Filed 4-10-18; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R6-ES-2017-N171; FXES11130600000-178-FF06E00000] U.S. Endangered Species; Receipt of Recovery Permit Application AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of receipt of permit application; request for comments.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service, invite the public to comment on an application for a permit to conduct activities intended to enhance the propagation or survival of an endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits activities that constitute take of listed species unless a Federal permit is issued that allows such activity. The ESA also requires that we invite public comment before issuing these permits.

    DATES:

    We must receive your written comments by May 11, 2018.

    ADDRESSES:

    Document availability: The application, as well as any comments and other materials that we receive, will be available for public inspection in hard copy for viewing by appointment between 8 a.m. and 4 p.m. Monday through Friday, except Federal holidays, at Ecological Services, U.S. Fish and Wildlife Service, 134 Union Blvd., Suite 645, Lakewood, CO 80228; telephone 303-236-4224.

    Submitting comments: You may submit comments by one of the following methods. Please specify the applicant's name and the application number (TE59243C-0).

    Email: [email protected] Please refer to the permit number (Application No. TE59243C-0) in the subject line of your email message.

    U.S. mail: Ecological Services, U.S. Fish and Wildlife Service, P.O. Box 25486-DFC, Denver, CO 80225.

    Hand-delivery, Pickup, or Viewing: Call 303-236-4224 to make an appointment during regular business hours at 134 Union Blvd., Suite 645, Lakewood, CO 80228.

    FOR FURTHER INFORMATION CONTACT:

    Kathy Konishi, Recovery Permits Coordinator, Ecological Services, 303-236-4224 (phone); [email protected] (email).

    SUPPLEMENTARY INFORMATION:

    We, the U.S. Fish and Wildlife Service, invite the public to comment on an application for a permit to conduct activities intended to promote recovery of a species that is listed as endangered under the Endangered Species Act (16 U.S.C. 1531 et seq,; ESA). The ESA and our implementing regulations in part 17 of title 50 of the Code of Federal Regulations (CFR) provide for the issuance of such permits and require that we invite public comment before issuing permits for activities involving endangered species.

    Background

    The ESA prohibits certain activities with endangered and threatened species unless authorized by a Federal permit. A recovery permit issued by us under section 10(a)(1)(A) of the ESA authorizes the permittee to conduct activities with endangered species for scientific purposes that promote recovery or for enhancement of propagation or survival of the species. Our regulations implementing section 10(a)(1)(A) for these permits are found at 50 CFR 17.22 for endangered wildlife species, 50 CFR 17.32 for threatened wildlife species, 50 CFR 17.62 for endangered plant species, and 50 CFR 17.72 for threatened plant species.

    Permit Application Available for Review and Comment

    We invite local, State, and Federal agencies, Tribes, and the public to comment on the following application:

    Permit Application Number TE59243C-0

    Applicant: Revive and Restore, Sausalito, CA.

    The applicant requests a permit to conduct “Phase 1” of a multi-phase process to generate disease-resistant black-footed ferrets (Mustela nigripes). This phase would involve research in laboratories located in North Rose, NY, and San Diego, CA. The studies aim to develop, test, and optimize model cisgenic and novel disease-resistance pathways in the black-footed ferret, both in vitro and in vivo, leveraging domestic ferret resources for comparative genomics, comparative proteomics, and interspecies somatic cell nuclear transfer (iSCNT) reproductive techniques for the purpose of enhancing the species' survival.

    Integration of genetically modified black-footed ferrets into wild populations would require careful execution and constitutes “Phase 2” of the long-term program.

    Public Availability of Comments

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

    Contents of Public Comments

    Please make your comments as specific as possible and explain the basis for your comments. Include sufficient information to allow us to authenticate any scientific or commercial data you include.

    The comments and recommendations that will be most useful and likely to influence agency decisions are: (1) Those supported by quantitative information or studies; and (2) Those that include citations to, and analyses of, the applicable laws and regulations.

    Next Steps

    If we decide to issue a permit to the applicant listed in this notice, we will publish a notice in the Federal Register.

    Authority:

    We publish this notice under section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)

    Michael Thabault, Assistant Regional Director, Mountain-Prairie Region.
    [FR Doc. 2018-07446 Filed 4-10-18; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [189A2100DD/AAKC001030/A0A501010.999900] Proclaiming Certain Lands as Reservation for the Sault Ste. Marie Tribe of Chippewa Indians, Michigan AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice.

    SUMMARY:

    This notice informs the public that the Principal Deputy Assistant Secretary—Indian Affairs, exercising the authority of the Assistant Secretary—Indian Affairs, proclaimed approximately 79.54 acres, more or less, an addition to the reservation of the Sault Ste. Marie Tribe of Chippewa Indians, Michigan on March 12, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Sharlene M. Round Face, Bureau of Indian Affairs, Division of Real Estate Services, 1849 C Street NW, MS-4642-MIB, Washington, DC 20240, telephone (202) 208-3615.

    SUPPLEMENTARY INFORMATION:

    This notice is published in the exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs by part 209 of the Departmental Manual.

    A proclamation was issued according to the Act of June 18, 1934 (48 Stat. 986; 25 U.S.C. 5110) for the lands described below. These lands were proclaimed to be part of the Sault Ste. Marie Tribe of Chippewa Indians, Michigan Reservation in Mackinac County, Michigan.

    Sault Ste. Marie Tribe of Chippewa Indians, Michigan Reservation 1 Parcel—Michigan Meridian, Mackinac County, Michigan Legal Description Containing 79.54 Acres, More or Less Brown Parcel 469-T-38

    Lot 2, Section 19, Township 41 North, Range 3 West and the South 1/2 of the Southwest 1/4 of said Section 19, Township 41 North, Range 3 West, lying Southerly of a line described as beginning at a point 650 feet Northerly along the centerline of Mackinac Trail and South line of Section 19; thence Northeasterly to the Southeast corner of the Northwest 1/4 of the Southwest 1/4 of Section 19, Township 41 North, Range 3 West, Michigan Meridian, Michigan. Containing 79.54 acres, more or less.

    The above-described lands contain a total of 79.54 acres, more or less, which are subject to all valid rights, reservations, rights-of-way, and easements of record.

    This proclamation does not affect title to the lands described above, nor does it affect any valid existing easements for public roads, highways, public utilities, railroads, pipelines, or any other valid easements or rights-of-way or reservations of record.

    Dated: March 12, 2018. John Tahsuda, Principal Deputy Assistant Secretary—Indian Affairs Exercising the Authority of the Assistant Secretary—Indian Affairs.
    [FR Doc. 2018-07475 Filed 4-10-18; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWO350000 1440000 PN0000; OMB Control Number 1004-0029] Agency Information Collection Activities; Color-of-Title Application AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of information collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) is proposing to renew an information collection.

    DATES:

    Interested persons are invited to submit comments on or before June 11, 2018.

    ADDRESSES:

    Send your comments on this information collection request (ICR) by mail to the U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW, Room 2134LM, Washington, DC 20240, Attention: Jean Sonneman; or by email to [email protected] Please reference OMB Control Number 1004-0029 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact Pamela Ridley by email at [email protected] or by telephone at (202) 853-0522.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the BLM; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BLM enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BLM minimize the burden of this collection on the respondents, including through the use of information technology.

    Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Abstract: The Color-of-Title Act (43 U.S.C. 1068, 1068a, and 1068b) provides for the issuance of a land patent to a tract of public land of up to 160 acres, where the claimant shows peaceful, adverse possession of the tract in good faith for more than 20 years, as well as sufficient improvement or cultivation of the land. The information covered in this control number enables the Bureau of Land Management (BLM) to determine whether or not such a claimant has made a showing that is sufficient to obtain a land patent under the Act.

    Title of Collection: Color-of-Title Application.

    OMB Control Number: 1004-0029.

    Form Numbers: 2540-1, 2540-2, and 2540-3.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: Individuals, groups, and corporations that request a land patent under the Color-of-Title Act.

    Total Estimated Number of Annual Respondents: 7.

    Total Estimated Number of Annual Responses: 7.

    Estimated Completion Time per Response: 3 hours.

    Total Estimated Number of Annual Burden Hours: 21 hours.

    Respondent's Obligation: Required to obtain or retain a benefit.

    Frequency of Collection: On occasion.

    Total Estimated Annual Nonhour Burden Cost: $70 (7 applications annually x $10 per application).

    An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).

    Jean Sonneman, Information Collection Clearance Officer, Bureau of Land Management.
    [FR Doc. 2018-07481 Filed 4-10-18; 8:45 am] BILLING CODE 4310-84-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWO260000.L10600000PC0000.18X.LXSIADVSBD00.241A] Call for Nominations for the National Wild Horse and Burro Advisory Board AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of call for nominations.

    SUMMARY:

    The purpose of this notice is to solicit public nominations for three positions on the Wild Horse and Burro Advisory Board (Board) that will become vacant on March 30, 2018. The Board provides advice concerning the management, protection, and control of wild free-roaming horses and burros on public lands administered by the Department of the Interior, through the Bureau of Land Management (BLM), and the Department of Agriculture, through the U.S. Forest Service.

    DATES:

    Nominations must be post marked or submitted to the address listed below no later than May 29, 2018.

    ADDRESSES:

    All mail sent via the U.S. Postal Service should be sent as follows: Division of Wild Horses and Burros, U. S. Department of the Interior, Bureau of Land Management, 1849 C Street NW, Room 2134 LM, Attn: Dorothea Boothe, WO-260, Washington, DC 20240. All mail and packages that are sent via FedEx or UPS should be addressed as follows: Wild Horse and Burro Division, U. S. Department of the Interior, Bureau of Land Management, 20 M Street SE, Room 2134 LM, Attn: Dorothea Boothe, Washington, DC 20003. You may also email PDF documents to Ms. Boothe at [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Dorothea Boothe, Acting Wild Horse and Burro Program Specialist, telephone: 202-912-7654, email: [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FRS is available 24 hours a day, 7 days a week. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    Members of the Board serve without compensation. However, while away from their homes or regular places of business, Board and subcommittee members engaged in Board or subcommittee business, approved by the Designated Federal Official (DFO) may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in government service under Section 5703 of Title 5 of the United States Code. Nominations for a term of 3 years are needed to represent the following categories of interest:

    Public Interest Wild Horse and Burro Advocacy Veterinary Medicine

    The Board will meet one to four times annually. The DFO may call additional meetings in connection with special needs for advice. Individuals may nominate themselves or others. Any individual or organization may nominate one or more persons to serve on the Board. Nominations will not be accepted without a complete resume. The following information must accompany all nominations for the individual to be considered for a position:

    1. The position(s) for which the individual wishes to be considered;

    2. The individual's first, middle, and last name;

    3. Business address and phone number;

    4. Home address and phone number;

    5. Email address;

    6. Present occupation/title and employer;

    7. Education: Colleges, degrees, major field of study;

    8. Career Highlights: Significant related experience, civic and professional activities, elected offices (include prior advisory committee experience or career achievements related to the interest to be represented). Attach additional pages, if necessary;

    9. Qualifications: Education, training, and experience that qualify you to serve on the Board;

    10. Experience or knowledge of wild horse and burro management;

    11. Experience or knowledge of horses or burros (Equine health, training, and management);

    12. Experience in working with disparate groups to achieve collaborative solutions (e.g., civic organizations, planning commissions, school boards, etc.);

    13. Identification of any BLM permits, leases, or licenses held by the individual or his or her employer;

    14. Indication of whether the individual is a federally registered lobbyist; and

    15. Explanation of interest in serving on the Board.

    At least one letter of reference sent from special interests or organizations the individual may represent, including, but not limited to, business associates, friends, co-workers, local, State, and/or Federal government representatives, or members of Congress should be included along with any other information that is relevant to the individual's qualifications.

    As appropriate, certain Board members may be appointed as special government employees. Special government employees serve on the Board without compensation, and are subject to financial disclosure requirements in the Ethics in Government Act and 5 CFR 2634. Nominations are to be sent to the address listed under ADDRESSES above.

    Privacy Act Statement: The authority to request this information is contained in 5 U.S.C. 301, the Federal Advisory Committee Act (FACA), and 43 CFR part 1784. The appointment officer uses this information to determine education, training, and experience related to possible service on a BLM advisory council. When an individual is appointed as an advisor, the information will be retained by the appointing official for the length of service. Otherwise, it will be destroyed 2 years after termination of an individual's membership or returned (if requested) following announcement of the Board's appointments. Submittal of this information is voluntary. However, failure to complete any or all items will inhibit fair evaluation of qualifications, and could result in an individual not receiving full consideration for appointment.

    Membership Selection: Individuals shall qualify to serve on the Board because of their education, training, or experience that enables them to give informed and objective advice regarding the interest they represent. They should demonstrate experience or knowledge of the area of their expertise and a commitment to collaborate in seeking solutions to resource management issues. The Board is structured to provide fair membership and balance, both geographic and interest specific, in terms of the functions to be performed and points of view to be represented. Members are selected with the objective of providing representative counsel and advice about public land and resource planning. No person is to be denied an opportunity to serve because of race, age, sex, religion, or national origin. Individuals who are federally registered lobbyists are ineligible to serve on all FACA and non-FACA boards, committees, or councils in an individual capacity. The term “individual capacity” refers to individuals who are appointed to exercise their own individual best judgment on behalf of the government, such as when they are designated Special Government Employees, rather than being appointed to represent a particular interest.

    Pursuant to Section 7 of the Wild Free-Roaming Horses and Burros Act, members of the Board cannot be employed by either Federal or State governments.

    (Authority: 43 CFR 1784.4-1) Kristin Bail, Assistant Director, Resources and Planning.
    [FR Doc. 2018-07463 Filed 4-10-18; 8:45 am] BILLING CODE 4310-84-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWO350000 L1440000 PN0000 OMB Control Number 1004-0012] Agency Information Collection Activities; Application for Land for Recreation or Public Purposes AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of information collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) is proposing to renew an information collection.

    DATES:

    Interested persons are invited to submit comments on or before June 11, 2018.

    ADDRESSES:

    Send your comments on this information collection request (ICR) by mail to the U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW, Room 2134LM, Washington, DC 20240, Attention: Jean Sonneman; or by email to [email protected] Please reference OMB Control Number 1004-0012 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact Ed Ruda by email at [email protected], or by telephone at (202) 912-7338.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format. We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the BLM; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BLM enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BLM minimize the burden of this collection on the respondents, including through the use of information technology.

    Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personally identifying information in your comment, you should be aware that your entire comment—including your personally identifying information—may be made publicly available at any time. While you can ask the BLM in your comment to withhold your personally identifying information from public review, we cannot guarantee that we will be able to do so.

    Abstract: The BLM collects this information in order to decide whether or not to lease or sell certain public lands to applicants under the Recreation and Public Purposes (R&PP) Act, 43 U.S.C. 869 to 869-4.

    Title of Collection: Application for Land for Recreation or Public Purposes.

    OMB Control Number: 1004-0012.

    Form Number: 2740-1.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: State, Territory, county, and local governments; nonprofit corporations; and nonprofit associations.

    Total Estimated Number of Annual Respondents: 20.

    Total Estimated Number of Annual Responses: 20.

    Estimated Completion Time per Response: 40 hours.

    Total Estimated Number of Annual Burden Hours: 800 hours.

    Respondent's Obligation: Required to obtain or retain a benefit.

    Frequency of Collection: On occasion.

    Total Estimated Annual Nonhour Burden Cost: $2,450.

    An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).

    Jean Sonneman, Bureau of Land Management, Information Collection Clearance Officer.
    [FR Doc. 2018-07482 Filed 4-10-18; 8:45 am] BILLING CODE 4310-84-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWO600000 L18200000.XP0000-18X; OMB Control Number 1004-0204] Agency Information Collection Activities; Bureau of Land Management Resource Advisory Council Application AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of information collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Land Management (BLM), are proposing to renew an information collection.

    DATES:

    Interested persons are invited to submit comments on or before June 11, 2018.

    ADDRESSES:

    Send your comments on this information collection request (ICR) by mail to the U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW, Room 2134LM, Washington, DC 20240, Attention: Jean Sonneman; by email to [email protected] Please reference OMB Control Number 1004-0204 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact Twinkle Thompson-Seitts by email at [email protected], or by telephone at 202-208-7301.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format.

    We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the BLM; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BLM enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BLM minimize the burden of this collection on the respondents, including through the use of information technology.

    Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Abstract: This control number consists of one information collection activity. In an application form, the BLM seeks to collect information to determine education, training, and experience related to possible service on advisory committees established under the authority of Section 309 of the Federal Land Policy and Management Act (43 U.S.C. 1739), the Federal Advisory Committee Act, 5 U.S.C. App. 2, and 43 CFR Subpart 1784. The BLM refers to such advisory committees as “Resource Advisory Councils” (RACs). The information that the BLM collects is necessary to ensure that each RAC is structured to provide fair membership balance, as prescribed by each RAC's charter.

    Title of Collection: Bureau of Land Management Resource Advisory Council Application.

    OMB Control Number: 1004-0204.

    Form Number: Form 1120-19.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: Persons who apply for positions on Resource Advisory Councils.

    Total Estimated Number of Annual Respondents: 200.

    Total Estimated Number of Annual Responses: 200.

    Estimated Completion Time per Response: 4 hours.

    Total Estimated Number of Annual Burden Hours: 800.

    Respondent's Obligation: Required to obtain or retain a benefit.

    Frequency of Collection: On occasion.

    Estimated Annual Nonhour Burden Cost: None.

    An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

    The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).

    Jean Sonneman, Information Collection Clearance Officer, Bureau of Land Management.
    [FR Doc. 2018-07464 Filed 4-10-18; 8:45 am] BILLING CODE 4310-84-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NRNHL-25281; 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 March 17, 2018, for listing or related actions in the National Register of Historic Places.

    DATES:

    Comments should be submitted by April 26, 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 March 17, 2018. Pursuant to Section 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 Women's Building, The; 3543 18th St., San Francisco, SG100002359 HAWAII Hawaii County (Honoka'a Town, Hawaii MPS) Bank of Hawai'i, Ltd., 45-3568 Mamane St., Honoka'a, MP100002360 NEW YORK Erie County Colonial Flats and Annex, 399-401 Delaware Ave, Buffalo, SG100002366 Greene County Dunix, 593 Cornwallville Rd., Cornwallville vicinity, SG100002364 Monroe County Mount Hope Cemetery, Bounded by Mount Hope and Elmwood Aves., and Intercampus Dr., Rochester, SG100002361 Ulster County Vernooy—Bevier Stone House and Barns, 7075 US 209, Wawarsing, SG100002365 Washington County Whitehall Fire Station, 161 Main Street, Whitehall, SG100002367 PENNSYLVANIA Allegheny County Chatham Center, 112 Washington Place, Pittsburgh, SG100002378 Bucks County Delbar Products, Inc., 601 Spruce St., Perkasie, SG100002369 Jefferson County Knapp, Joseph, Hotel and Store, 15285 PA 28, Clover Township, SG100002371 Philadelphia County International Harvester Company Building—Philadelphia Branch House, 2903-2909 N. 16th St., Philadelphia, SG100002370 Buick Motor Company Building, 2917-2937 N. 16 St., Philadelphia, SG100002372 VIRGINIA Appomattox County Gilliam—Irving Farm, 2012 Swan Rd., Pamplin vicinity, SG100002374 Harrisonburg Independent city Harrisonburg Downtown Historic District (Boundary Increase), 245 and 240 Old South High St., Harrisonburg, BC100002376 Hopewell Independent city Downtown Hopewell Historic District (Boundary Increase), Boundary includes Main St., Appomattox St., Hopewell St., and East Broadway, Hopewell, BC100002375

    Additional documentation has been received for the following resource:

    OREGON Marion County Salem Downtown State Street—Commercial Street Historic District, Roughly bounded by Ferry, High, Chemeketa, and Fronts Sts., Salem, AD01001067

    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.

    ARIZONA Yavapai County OK Ranch Historic District, Red Rock Crossing, Sedona Ranger District, Coconino National Forest, Sedona vicinity, SG100002358 MONTANA Gallatin County Federal Building and US Post Office—Bozeman, 10 E. Babcock St., Bozeman, SG100002362 NORTH CAROLINA Iredell County United States Post Office and Court House—Statesville, 200 W. Broad St., Statesville, SG100002363 WISCONSIN Douglas County METEOR (whaleback carrier) (Boundary Decrease), NW tip of Barkers Island, Superior, C100002377
    Authority:

    Section 60.13 of 36 CFR part 60

    Dated: March 22, 2018. J. Paul Loether, Chief, National Register of Historic Places/National Historic Landmarks Program and Keeper, National Register of Historic Places.
    [FR Doc. 2018-07449 Filed 4-10-18; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management [Docket No. BOEM-2018-0004] Commercial Leasing for Wind Power on the Outer Continental Shelf in the New York Bight—Call for Information and Nominations AGENCY:

    Bureau of Ocean Energy Management, Interior.

    ACTION:

    Call for Information and Nominations for Commercial Leasing for Wind Power on the Outer Continental Shelf in the New York Bight.

    SUMMARY:

    The Bureau of Ocean Energy Management (BOEM) invites the submission of information and nominations for commercial wind leases that would allow a lessee to propose the construction of a wind energy project on the Outer Continental Shelf (OCS) in the New York Bight, and to develop one or more projects, if approved, after further environmental review. Although this announcement is not itself a leasing announcement, the areas described herein, or portions thereof, may be available for future leasing. BOEM will use responses to this Call for Information and Nominations (hereinafter referred to as “Call” or “notice”) to gauge specific interest in acquiring commercial wind leases in some or all of the Call Areas, as required by law. Parties wishing to submit a nomination in response to this Call should submit detailed and specific information in response to the requirements described in the section entitled, “Required Nomination Information.”

    This announcement also requests comments and information from interested and affected parties about site conditions, resources, and multiple uses in close proximity to, or within, the Call Areas that would be relevant to BOEM's review of any nominations submitted and/or to BOEM's possible subsequent decision to offer all or part of the Call Areas for commercial wind leasing. The information that BOEM is requesting is described in the section of this Call entitled, “Requested Information from Interested or Affected Parties.”

    DATES:

    BOEM must receive nominations describing your interest in one or more, or any portion of, the Call Areas, by a postmarked date of May 29, 2018 for your nomination to be considered. BOEM requests comments or submissions of information to be postmarked or delivered by this same date. BOEM will consider only those nominations received that conform to this requirement.

    ADDRESSES: If you are submitting a nomination for a lease area in response to this Call, please submit your nomination, following the “Required Nomination Information” section below, to the following address: BOEM, Office of Renewable Energy Programs, 45600 Woodland Road (VAM-OREP), Sterling, Virginia 20166. In addition to a paper copy of the nomination, include an electronic copy of the nomination on a data storage device. BOEM will list the parties that submitted nominations and the location of the proposed lease areas (i.e., OCS blocks nominated) on the BOEM website after the 45-day comment period has closed.

    Comments and other submissions of information may be submitted by either of the following two methods:

    1. Federal eRulemaking Portal: http://www.regulations.gov. In the entry entitled, “Enter Keyword or ID,” enter BOEM-2018-0004, and then click “search.” Follow the instructions to submit public comments and view supporting and related materials available for this notice.

    2. U.S. Postal Service or other delivery service. Send your comments and information to the following address: Bureau of Ocean Energy Management, Office of Renewable Energy Programs, 45600 Woodland Road (VAM-OREP), Sterling, Virginia 20166.

    All responses will be reported on http://www.regulations.gov.

    If you wish to protect the confidentiality of your nominations or comments, clearly mark the relevant sections and request that BOEM treat them as confidential. Please label privileged or confidential information “Contains Confidential Information,” and consider submitting such information as a separate attachment. Treatment of confidential information is addressed in the section of this Call entitled, “Protection of Privileged or Confidential Information.” Information that is not labeled as privileged or confidential will be regarded by BOEM as suitable for public release.

    FOR FURTHER INFORMATION CONTACT:

    Luke Feinberg, BOEM, Office of Renewable Energy Programs, 45600 Woodland Road (VAM-OREP), Sterling, Virginia 20166, (703) 787-1705 or [email protected]

    SUPPLEMENTARY INFORMATION:

    Authority

    This Call is published pursuant to subsection 8(p)(3) of the OCS Lands Act, 43 U.S.C. 1337(p)(3), which was added by section 388 of the Energy Policy Act of 2005 (EPAct), as well as the implementing regulations at 30 CFR part 585.

    Call Areas

    The Call Areas described in this notice are located on the OCS in the New York Bight and are delineated as Fairways North, Fairways South, Hudson North, and Hudson South. The four Call Areas include 222 whole OCS blocks and 172 partial blocks in total, and comprise approximately 2,047 square nautical miles (nmi) (702,192 hectares). These Call Areas were established after considering the New York State Area for Consideration for the Potential Locating of Offshore Wind Energy Areas (Area for Consideration), as well as additional input from the New York State Department of State, New York State Energy Research and Development Authority (NYSERDA), and the Intergovernmental Renewable Energy Task Force for the New York Bight (which includes members of the New York and New Jersey Task Forces, as well as regional representatives from Connecticut, Rhode Island, and Massachusetts). These areas will be analyzed by BOEM during the area identification (Area ID) portion of the leasing process. For context, based on a power density ratio of 0.01 megawatts (MW) per acre, New York's goal of procuring 2.4 gigawatts (GW) of offshore wind energy by 2030 could likely be accommodated by developing 14% of the call areas presented. Development of approximately 18% of the Call Areas would be required to meet New York State's recommendation that BOEM designate four 800 MW lease areas (3.2 GW of capacity). A detailed description of the areas and how they were developed is described in the section of this Call entitled, “Description of the Area.”

    Purpose of the Call for Information and Nominations

    The OCS Lands Act requires BOEM to award leases competitively, unless BOEM makes a determination that there is no competitive interest (43 U.S.C. 1337(p)(3)). BOEM will make this determination after reviewing the nominations received in response to this Call. This Call also requests information from interested and affected parties on issues relevant to potential leasing within the Call Areas.

    The responses to this Call could lead to the initiation of a competitive leasing process in some parts of the Call Areas (i.e., where competition exists), and a noncompetitive process in other parts of the Call Areas (i.e., where no competitive interest exists). The leasing process is described more completely under the “Determination of Competitive Interest” and “Noncompetitive Leasing Process” sections of this Call. In any parts of the Call Areas where a single entity has shown interest, but BOEM determines there is no competitive interest, BOEM may proceed with the noncompetitive lease process pursuant to 30 CFR 585.232. If BOEM determines that there is competitive interest in some or all of the Call Areas, then BOEM may proceed with Area ID, as set forth in 30 CFR 585.211(b), and the competitive leasing process as set forth under 30 CFR 585.211 through 585.225.

    A lease, whether issued through a competitive or noncompetitive process, does not grant the lessee the right to construct any facilities on the lease; rather, the lease grants the lessee the exclusive right to submit development plans to BOEM, which BOEM must first have approved before the lessee may proceed to the next stage of the process (30 CFR 585.600 and 585.601).

    Whether the leasing process is competitive or noncompetitive, it will include additional opportunities for the public to provide input, and any proposed actions will be reviewed thoroughly for potential environmental and multiple use impacts. The area(s) that may be offered for lease, if any, has/have not yet been determined, and may include less than the total footprint of the Call Areas identified in this Call.

    1 Background 1.1 Energy Policy Act of 2005

    The EPAct amended the OCS Lands Act by adding subsection 8(p)(1)(C), which authorizes the Secretary of the Interior to grant leases, easements, or rights-of-way (ROWs) on the OCS for activities that are not otherwise authorized by law and that produce or support production, transportation, or transmission of energy from sources other than oil or gas, including renewable energy sources. The EPAct also required the issuance of regulations to carry out the new authority pertaining to renewable energy on the OCS. The Secretary delegated this authority to issue leases, easements, and ROWs, and to promulgate regulations, to the Director of BOEM. On April 29, 2009, BOEM published regulations entitled, Renewable Energy and Alternate Uses of Existing Facilities on the Outer Continental Shelf, which have been codified at 30 CFR part 585, which can be found at: http://www.boem.gov/uploadedFiles/30_CFR_585.pdf.

    1.2 Ocean Planning

    BOEM participates in ocean planning through a collaborative, data-based approach to foster coordinated and informed decisions about our shared ocean resources and the many uses that depend on them.

    BOEM appreciates the importance of coordinating its planning endeavors with other OCS users, regulators, and relevant Federal agencies—including the U.S. Fish and Wildlife Service (USFWS), the National Park Service (NPS), the U.S. Coast Guard (USCG), the National Oceanic and Atmospheric Administration (NOAA), and the Department of Defense (DoD). BOEM intends to coordinate with the regional planning bodies, which include Federal and state agencies; federally recognized tribes; and Fishery Management Councils. BOEM will also utilize information contained in the Northeast and Mid-Atlantic Ocean Data Portals 1 in its decision-making, among other sources of information, because the Portals include maps of marine life, habitat areas, cultural resources, transportation, fishing, and other human uses to be considered when new energy or other infrastructure projects are proposed. BOEM anticipates that continued coordination with its Intergovernmental Renewable Energy Task Forces (Task Forces) will also help inform comprehensive ocean planning efforts.

    1 The Northeast Ocean Data Portal (maintained by NROC, the Northeast Regional Ocean Council http://www.northeastoceandata.org) and the Mid-Atlantic Ocean Data Portal (maintained by MARCO, the Mid-Atlantic Regional Council on the Ocean http://portal.midatlanticocean.org) draw upon data from the MarineCadastre.gov national data portal, which was developed through a partnership between NOAA and BOEM. MarineCadastre.gov is an integrated marine information system that provides data, tools, and technical support for ocean and Great Lakes planning, designed specifically to support renewable energy siting on the OCS, but is also being used for other ocean-related efforts and is recognized by regional ocean governance groups as the central place for authoritative federal data, with data, metadata, and map services.

    1.3 BOEM Intergovernmental Renewable Energy Task Forces

    BOEM has established multiple Task Forces to facilitate coordination among relevant Federal agencies and affected state, local, and tribal governments throughout the leasing process. Task Forces for New Jersey and New York were previously established in 2009 and 2010, respectively, and will continue to be engaged during the planning and leasing process for the New York Bight OCS area. This engagement includes joint Task Force activities, such as the webinar for the New York Bight that was held on December 4, 2017. Meeting materials for these two Task Forces are available on the BOEM website at: https://www.boem.gov/NY-Bight/.

    2 Environmental Review Process

    Prior to deciding whether and where leases may be issued, BOEM will prepare an environmental assessment (EA) and conduct consultations to consider the environmental consequences associated with issuing commercial wind leases within all or some of the Call Areas. The EA will consider the reasonably foreseeable environmental consequences associated with leasing, such as site characterization activities (including geophysical, geotechnical, archaeological, and biological surveys). BOEM would consider the environmental effects of the construction or operation of any wind energy facility under a separate, project-specific National Environmental Policy Act (NEPA) process, which would include additional opportunities for public involvement. BOEM would also conduct several consultations concurrently with, and integrated into, the NEPA process. These consultations would include, but are not limited to, those required by the Coastal Zone Management Act (CZMA), the Endangered Species Act (ESA), the Magnuson-Stevens Fishery Conservation and Management Act, Section 106 of the National Historic Preservation Act (NHPA), and Executive Order 13175—“Consultation and Coordination with Tribal Governments.”

    3 Actions Taken by the State of New York in Support of Offshore Renewable Energy Development

    The State of New York has a stated goal of developing 2.4 GW of offshore wind energy by 2030. To facilitate this effort, NYSERDA has spearheaded the development of the New York Offshore Wind Master Plan (the Master Plan https://www.nyserda.ny.gov/All-Programs/Programs/Offshore-Wind/New-York-Offshore-Wind-Master-Plan), a comprehensive roadmap to advance offshore wind energy development in New York. The objective of New York's Master Plan is to “to ensure that offshore wind in New York is developed in the most responsible and cost-effective manner possible.” To support the Master Plan, NYSERDA has conducted more than 20 studies and engaged with stakeholders and the public with the stated objective of ensuring that offshore wind is developed thoughtfully, responsibly, and cost-effectively.

    On October 2, 2017, BOEM received the State of New York's Area for Consideration. This document identifies an area of the New York Bight that the State has determined, based on its compilation and analysis of scientific, stakeholder and analytical data, to be most desirable for future offshore wind development. BOEM has taken the State's recommendation into account in designating areas for this Call, and will consider the data and analyses generated by the State at subsequent stages of its planning and leasing process in the New York Bight area.

    4 BOEM's Planning and Leasing Process 4.1 Determination of Competitive Interest

    As stated in 43 U.S.C. 1337(p)(3), “the Secretary shall issue a lease, easement, or right-of-way . . . on a competitive basis unless the Secretary determines after public notice of a proposed lease, easement, or right-of-way that there is no competitive interest.” The first step in BOEM's leasing process is therefore to determine whether or not there is any competitive interest in acquiring a lease within the Call Areas for the purpose of offshore wind development. At the same time, BOEM will determine whether there is overlapping interest in any particular portion of the Call Areas that would result in the need for a competitive process. At the conclusion of the comment period for this Call, BOEM will review the nominations received and determine whether competitive interest exists in any specific locations within the Call Areas. After the close of the Call comment period, if BOEM determines that competitive interest exists for one or more portions of the Call Area, you will be able to submit a bid in a potential future competitive lease sale for those portions of the Call Area even if you did not submit a nomination in response to this Call.

    For any portions of the Call Area, but particularly portions with two or more valid nominations, BOEM may consider proceeding with competitive leasing as described in the section of this Call entitled, “Competitive Leasing Process.” For areas where BOEM determines that there is a single interested entity, but only one valid nomination, BOEM may consider proceeding with noncompetitive leasing, as described in the section entitled, “Noncompetitive Leasing Process.”

    Respondents to this Call and members of the public should be aware that BOEM will not issue any leases until it has completed the necessary consultations and environmental analysis and given the public an opportunity to comment. BOEM reserves the right not to lease certain nominated areas, or modify such areas from their original, proposed form before offering them for lease.

    4.2 Competitive Leasing Process

    If, after receiving responses and nominations to this Call, BOEM proceeds with the competitive leasing process for certain areas, it will follow the steps required by 30 CFR 585.211 through 585.225.

    (1) Area Identification: Based on the information it receives in response to this Call, BOEM will determine the level of commercial interest and identify the area(s) that would be appropriate to analyze for potential leasing. The area(s) identified will constitute a Wind Energy Area(s) (WEA) and will be subject to environmental analysis as described above, in consultation with appropriate Federal agencies, states, local governments, tribes, and other interested parties.

    (2) Proposed Sale Notice (PSN): If BOEM decides to proceed with a competitive lease sale within the WEAs after completion of the environmental analysis, BOEM will publish a PSN in the Federal Register with a comment period of 60 days. The PSN will describe the area(s) to be offered for leasing, the proposed conditions of a lease sale, and the proposed auction format, lease document, including application addenda. Additionally, the PSN will describe the criteria and process for evaluating bids in the lease sale.

    (3) Final Sale Notice (FSN): After considering the comments on the PSN, if BOEM decides to continue to proceed with a competitive lease sale, it will publish the FSN in the Federal Register at least 30 days before the date of the lease sale.

    (4) Bid Submission and Evaluation: Following publication of a FSN in the Federal Register, BOEM would offer the lease areas through a competitive sale process, using procedures specified in the FSN. The conduct of the sale, including bids and bid deposits, would be reviewed for technical and legal adequacy. BOEM will ensure that bidders have complied with all applicable regulations. BOEM reserves the right to reject any or all bids and/or withdraw an offer to lease an area, even after bids have been submitted.

    (5) Issuance of a Lease: Following the selection of a winning bid(s) by BOEM, the successful bidder(s) would be notified of the decision and provided a set of official lease documents for execution. The successful bidder(s) would be required to sign and return the lease, pay the remainder of the bonus bid, if applicable, and file the required financial assurance within 10 days of receiving the lease documents. Upon receipt of the required payments, financial assurance, and properly signed lease forms, BOEM would execute a lease with the successful bidder(s).

    4.3 Noncompetitive Leasing Process

    (1) Determination of No Competitive Interest: If, after evaluating the responses to this Call, BOEM determines that there is only one respondent interested in a particular area and therefore no competitive interest, BOEM would publish a notice of Determination of No Competitive Interest in the Federal Register, and could proceed with the noncompetitive lease issuance process pursuant to 30 CFR 585.232. If BOEM decides to proceed with this process, it will ask the sole respondent who nominated a particular area if it wants to lease the area by submitting an acquisition fee, as specified in 30 CFR 585.502(a). If it receives the acquisition fee, BOEM will follow the process outlined in 30 CFR 585.231(d) through (i).

    (2) Review of Lease Request: BOEM will comply with the requirements of OCSLA, NEPA, CZMA, ESA, NHPA, and other applicable Federal statutes before issuing a lease noncompetitively. BOEM will coordinate and consult with relevant Federal agencies, affected tribes, and affected state and local governments in formulating lease terms, conditions, and stipulations, as appropriate.

    (3) Lease Issuance: After completing its review of the lease request, BOEM may offer a noncompetitive lease. Within 10 days of receiving the lease, the lessee must execute it and provide a $100,000 lease-specific bond. Within 45 days of receiving the lease, the lessee must pay BOEM the first 12 months' rent.

    5 Development of the Call Areas

    BOEM delineated the Call Areas in consultation with several parties and information sources, including the State of New York (including through its Area for Consideration document), and the Intergovernmental Renewable Energy Task Force for the New York Bight. The areas selected are intended to identify portions of the OCS for further analysis and to solicit information and nominations so that potential use conflicts can be analyzed and considered in the Area Identification process. BOEM's future analysis during Area Identification will evaluate the Call Areas for their appropriateness for offshore wind development, balanced against potential ocean user conflicts. After environmental reviews and associated consultations, public comments, and continued coordination with other government agencies through the BOEM Intergovernmental Renewable Energy Task Forces, BOEM anticipates developing and applying terms and conditions—including any measures necessary to mitigate impacts—at the leasing, site assessment, and/or construction and operations phases.

    On October 2, 2017, NYSERDA submitted to BOEM its Area for Consideration document. The document specifically identifies two areas in the Atlantic Ocean south of Long Island that the State of New York asked BOEM to consider as potential Call Areas. The State of New York's identification of these areas was informed by over 20 scientific studies commissioned by the State of New York in consultation with BOEM and numerous Federal and state resource agencies. The State of New York concluded that the areas identified in their Area for Consideration document presented “the fewest conflicts with ocean users, resources, infrastructure, and wildlife, and has the greatest potential for cost-effective development of offshore wind energy to meet [their] goals.” The State recommended that BOEM “expeditiously consider this submission, and then delineate and lease at least four new WEAs within the Area for Consideration, each capable of siting at least 800 MW of offshore wind.” For more information, please refer to: https://www.nyserda.ny.gov/All-Programs/Programs/Offshore-Wind/New-York-Offshore-Wind-Master-Plan/Area-for-Consideration. The New Jersey Department of Environmental Protection has noted that the development of the Area of Consideration document did not involve consultation with state elected officials, the New Jersey Task Force, or New Jersey state agencies.

    The Call Areas outlined in this document contain the areas identified in the Area for Consideration document submitted by the State of New York, but also include the initial, more expansive areas initially identified in New York's Area for Consideration document. Many of the factors used to delineate New York's Area for Consideration were informed by a series of draft studies, which the State of New York finalized and published after it issued its recommendations; BOEM believes the final studies should be evaluated prior to modifying the initial areas identified by New York. This Call will allow additional stakeholders, including other potentially affected states, to provide input on these areas prior to further modification during the Area Identification process. For context, please note that approximately 18% of the Call Areas presented in this document would need to be identified as WEAs to meet the State of New York's request for four 800 MW lease areas (assuming a power density ratio of 0.01 MW per acre); however, BOEM may identify more or less of the Call Area for leasing after considering stakeholder comments.

    BOEM will consider a wide range of information regarding potential use conflicts within the Call Areas and the areas' suitability for offshore wind development, but is particularly sensitive to—and interested in information regarding—the following issues:

    5.1 Fisheries

    BOEM is soliciting information regarding the use of the areas included in this Call as a fishery. BOEM recognizes that several commercial and recreational fisheries operate in the Call Areas, including, but not limited to: Butterfish, Atlantic mackerel, Atlantic sea scallop, Atlantic surfclam and ocean quahog, longfin and Illex squid, monkfish, Northeast multispecies, summer flounder, scup, and black sea bass fisheries. BOEM also acknowledges that representatives from the fishing industry have already provided comments and information to NYSERDA regarding fishing in the states Offshore Study Area. BOEM will consider that information at the Area Identification stage of its planning process. BOEM is also aware that several areas identified by the New Jersey Department of Environmental Protection's Sport Ocean Fishing Grounds atlas are within the Call Areas. These areas include Yankee Spot, Mako Hotel, George's Bank, Bacardi, Triple Wrecks North, Texas Tower, The Slough, Little Italy, Yellowfin Lump, North East Lump, Mako Hole, The Fingers, Resor Wreck, Dusky Hole, Triple Wrecks South, The Bomb, and Glory Hole. BOEM is requesting additional information regarding recreational and commercial fisheries that operate within these Call Areas, including, but not limited to, the use of the area for recreational tuna and marlin tournaments, the fishing gear types used, seasonal uses, and suggestions for reducing use conflicts.

    If BOEM concludes that fisheries conflicts cannot be properly mitigated in certain portions of the Call Areas, it may exclude those areas from leasing at the Area Identification stage, during the environmental review process conducted under NEPA, and/or as a result of essential fish habitat consultations under the Magnuson-Stevens Fishery Conservation and Management Act. BOEM may also require measures to mitigate or avoid fishery conflicts at the construction and operations phase of its regulatory process.

    Although BOEM has largely erred on the side of inclusion of areas at this early stage in its process, it has accepted the recommendation in the State of New York's Area for Consideration document to exclude from the Call Areas the Hudson Canyon Scallop Rotational Area defined in 50 CFR 648.60(a)(4).

    5.2 Avian Species

    BOEM attempts to avoid leasing areas with high concentrations of marine bird species that may be most impacted by offshore wind development. BOEM's preliminary analyses suggest, however, that the Call Areas do not contain high concentrations of such marine birds. These preliminary analyses were based on maps created from an ongoing BOEM/NOAA study entitled, “Integrative Statistical Modeling and Predictive Mapping of Seabird Distribution and Abundance on the Atlantic Outer Continental Shelf,” which can be found at http://www.boem.gov/AT-13-03/. These maps are publically available at http://www.northeastoceandata.org/data-explorer/?birds. However, more recent maps from the study suggest that the Hudson South Call Area may have relatively high concentrations of Northern Gannets in winter (unpublished, Atlantic Marine Bird Mapping Statistical Model Predictions Release version 2.0). This finding appears to be confirmed by the high resolution aerial surveys that the State of New York conducted in the winter of 2017 (https://remote.normandeau.com/portal_data.php?public=1), and supported by observations in a satellite tracking study available at https://www.boem.gov/BOEM-2017-069/. Lastly, during the fall survey in 2017, a roseate tern (listed as endangered under ESA) was identified just north of the Fairways North Call Area. BOEM will further analyze and assess available avian data as part of its Area Identification process.

    5.3 Marine Protected Species

    Various marine protected species utilize the New York Bight in the vicinity of the Call Areas, including marine mammals, sea turtles, and Atlantic sturgeon. All marine mammal species are protected under the Marine Mammal Protection Act, while certain whale species (including the North Atlantic right whale), all sea turtles species, and the Atlantic sturgeon are afforded additional protections as listed species under the Endangered Species Act (ESA). While ESA-listed species are known to be present in the Call Areas, they do not contain National Marine Fisheries Service (NMFS)-designated critical habitat for any ESA-listed species.

    The Atlantic Marine Assessment Program for Protected Species study data show that several species may utilize the habitats in the Call Areas for feeding, resting, migrating, and communication (https://www.nefsc.noaa.gov/psb/AMAPPS/). BOEM's preliminary analyses suggest that the continental shelf edge and slope (located generally at or near the 200 m contour) contain the greatest densities and species diversity of marine mammals compared to less frequent occurrences over the continental shelf regions, where the Call Areas are located (http://seamap.env.duke.edu/). The exception is harbor porpoises, which are a species that is commonly found in high numbers over the continental shelf in the winter and spring. The available data further indicates the presence of endangered North Atlantic right whales primarily in the Call Areas during the late fall and winter seasons, while endangered and threatened sea turtles are highly migratory species that seasonally utilize the continental shelf, including the Call Areas, for foraging. The initial data collected in recent surveys by the State of New York's high resolution aerial surveys conducted in 2017 also confirms marine mammal and sea turtle sightings of various species in the Call Areas (https://remote.normandeau.com/portal_data.php?public=1).

    In addition to marine mammals and sea turtles, five Distinct Population Segments of the Atlantic sturgeon, an ESA-listed marine fish, likely occur in the New York Bight. The occurrence of Atlantic sturgeon in the New York Bight has been well documented through fisheries bycatch information, New York bottom trawl sub-adult Atlantic sturgeon surveys, a variety of tagging studies, and more recently through an offshore telemetry study funded by BOEM and the New York Department of Environmental Conservation (see: https://www.boem.gov/Atlantic-Fish-Telemetry-Monitoring/). Atlantic sturgeon may use the Call Areas as overwintering and foraging areas. These data, as well as ongoing passive acoustic efforts by the Wildlife Conservation Society's New York Aquarium and the Woods Hole Oceanographic Institution, will provide additional information for BOEM's consideration during the Area Identification process.

    BOEM will utilize information received in response to the Call to assist with its verification of any migratory periods, persistent or seasonally occurring oceanic habitat features associated with the presence of protected marine mammals, sea turtles, and fish, periods of high species abundance or diversity that may occur within the Call Areas. BOEM also seeks any additional information regarding the use of the Call Areas by Atlantic sturgeon, including specific known overwintering habitats, such as holes or troughs adjacent to shoals where Atlantic sturgeon are regularly encountered, as well as the time of year when those encounters are most likely to occur.

    BOEM will consider all the best available information to identify and assess potential areas of conflict with marine protected species within the Call Areas and consult with resource agencies during the Area Identification process, as necessary.

    5.4 Navigation

    Portions of the Call Areas are regularly trafficked by multiple types of vessels entering and leaving ports in New Jersey and New York, based on BOEM's preliminary analysis of Automatic Identification System (AIS) data between 2010-2012, and the State of New York's analysis of 2013 AIS data as part of its Area for Consideration document. Portions of the Call Areas are also used by cargo and tanker vessels transiting between Delaware Bay and Chesapeake Bay ports to eastern Long Island and southeastern New England. A majority of the vessels transiting the Call Areas are cargo ships and tankers. Other types of vessels using the area include tug and barge, passenger, military, recreational, and commercial fishing. AIS data used to conduct this analysis, in addition to other AIS tools, can be downloaded at www.marinecadastre.gov/AIS.

    BOEM excluded the following portions of the OCS from the Call Area based on the State of New York's Navigation Study recommendations:

    • Between the Hudson North and Hudson South Call Areas, an area 30 nmi in length and approximately 15 nmi wide from the entrance/exit of the New York Southeastern Approach (Hudson Canyon to Ambrose and Ambrose to Hudson Canyon traffic lanes).

    • All sub-blocks that overlap with a 1 nmi buffer along all outer edges of traffic lanes, shipping safety fairways, and the above-mentioned 30 nmi delineated area.

    BOEM coordinates with the U.S. Coast Guard (USCG) on navigational issues and will continue its engagement throughout all phases of its regulatory process. In 2015, as an outcome of its Atlantic Coast Port Access Route Study, USCG issued Marine Planning Guidelines (MPG), which recommends a 2 nmi parallel buffer between the outer or seaward boundary of a traffic lane and offshore structures, and a 5 nmi buffer for a Traffic Separation Scheme entry or exit. USCG has stated that these buffers are guidelines, and has acknowledged that navigational risks can be mitigated on a project-by-project basis, pending more detailed analysis following the lessee's submission of a Navigational Safety Risk Assessment at the construction and operations phase of BOEM's regulatory process. Pending the outcome of future analysis, BOEM may not offer some portions of the Call Areas for leasing or development based on information provided in response to during the Call regarding safety concerns and historic routes of vessel traffic.

    BOEM is also seeking information regarding the following:

    Commercial Vessel Port-to-Port or Port-to-Fishing Location Transit. AIS data suggest the existence of historic transit corridors through the Call Areas between Chesapeake Bay ports and New York/Newark ports; Delaware Bay and Chesapeake Bay to smaller ports, such as Buzzards Bay, MA; Providence, RI; and Long Island East, NY.

    Recreational Port-to-Port Transit. The State of New York identified an Annapolis, MD to Newport, RI distance sailing race route through its offshore wind study area. BOEM seeks information on other races or other recreational port-to-port transit routes.

    5.5 Department of Defense and United States Coast Guard Training Areas

    The Department of Defense (DoD) conducts offshore testing, training, and operations within portions of the Call Areas. BOEM refined the Call Areas based on the most recent DoD assessment of compatibility between commercial offshore wind development and DoD testing, training and operations. BOEM excluded from consideration all OCS blocks that DoD has determined to be incompatible.

    BOEM is working with DoD to update the offshore wind compatibility assessment for the Atlantic that identifies wind energy exclusion areas and those OCS blocks that may require site-specific conditions and stipulations to ensure offshore wind facilities are compatible with DoD activities. These stipulations could include, but may not be limited to: Hold and save harmless agreements; mandatory coordination with DoD on specified activities; restrictions on electromagnetic emissions; and evacuation procedures from the lease area for safety reasons when notified by the DoD. BOEM may remove from leasing consideration any OCS blocks identified as incompatible in DoD's updated compatibility assessment.

    Interested parties should also be aware that the Call Areas contain some OCS blocks that have never been assessed by DoD, but will be included in the updated compatibility assessment. These OCS blocks and/or portions thereof include:

    Protraction name Protraction No. Block No. Sub-block New York NK18-12 6233 D. Hudson Canyon NJ18-03 6306 M. Hudson Canyon NJ18-03 6356 A, E, I, J, M, N. Hudson Canyon NJ18-03 6406 A, B, E, F, I, J, K, M, N, O. Hudson Canyon NJ18-03 6455 D, H, L, P. Hudson Canyon NJ18-03 6456 A, B, C, E, F, G, H, I, J, K, L, M, N, O, P. Hudson Canyon NJ18-03 6505 D, G, H, K, L, O, P. Hudson Canyon NJ18-03 6506 All. Hudson Canyon NJ18-03 6507 A, E, I, M, N. Hudson Canyon NJ18-03 6555 C, D, G, H, K, L, O, P. Hudson Canyon NJ18-03 6556 All. Hudson Canyon NJ18-03 6557 A, B, E, F, I, J, M, N, O. Hudson Canyon NJ18-03 6605 B, C, D, F, G, H, J, K, L, N, O, P. Hudson Canyon NJ18-03 6606 All. Hudson Canyon NJ18-03 6607 A, B, C, E, F, G, I, J, K, L, M, N, O, P. Hudson Canyon NJ18-03 6655 B, C, D, F, G, H, J, K, L, N, O, P. Hudson Canyon NJ18-03 6656 All. Hudson Canyon NJ18-03 6657 All. Hudson Canyon NJ18-03 6658 E, I, M. Hudson Canyon NJ18-03 6705 B, C, D, F, G, H, J, K, L, N, O, P. Hudson Canyon NJ18-03 6706 Hudson Canyon NJ18-03 6707 Hudson Canyon NJ18-03 6708 A, B, E, F, I, J, M, N, O. Hudson Canyon NJ18-03 6755 B, C, D, F, G, H, J, K, L, N, O, P. Hudson Canyon NJ18-03 6756 All. Hudson Canyon NJ18-03 6757 All. Hudson Canyon NJ18-03 6758 A, B, C, E, F, G, I, J, K, M, N, O, P. Hudson Canyon NJ18-03 6805 B, C, D, F, G, H, J, K, L, N, O, P. Hudson Canyon NJ18-03 6806 All. Hudson Canyon NJ18-03 6807 All. Hudson Canyon NJ18-03 6808 All. Hudson Canyon NJ18-03 6809 I, M. Hudson Canyon NJ18-03 6855 B, C, D, F, G, H, J, K, L, N, O, P. Hudson Canyon NJ18-03 6856 All. Hudson Canyon NJ18-03 6857 All. Hudson Canyon NJ18-03 6858 All. Hudson Canyon NJ18-03 6859 A, E, F, I, J, M, N.

    The USCG Sector New York identified the northern portion of the Hudson South Call Area as an unofficially designated weapons training range for maintaining law enforcement proficiency. They requested that this area be given consideration as an existing use. These OCS blocks and/or portions thereof include:

    Protraction name Protraction No. Block No. Sub-block New York NK18-12 6854 H, L, P. New York NK18-12 6855 I, M. New York NK18-12 6904 D, H, L. New York NK18-12 6905 A, B, E, F, G, I, J, K, L, N, O, P. New York NK18-12 6954 G, K, L, O, P. New York NK18-12 6955 I, M, N. New York NK18-12 7004 C, D. 5.6 Bathymetric Conditions

    The 60m water depth is a reasonable estimate of the maximum limit for likely development of utility scale fixed foundation projects at the present time. The National Renewable Energy Laboratory's (NREL) 2016 assessment of US offshore wind potential identifies three categories of foundation types based on water depth: 0-30 meters for gravity base or monopiles, 30 to 60 meters for jackets or tripods, and 60 meters or greater for floating structures. However, BOEM is aware of nascent floating foundation technology that has been deployed on a limited basis in water deeper than 60m, and new support structure technologies are continually under development. Given the likelihood of continued technological advancement in the offshore wind industry in terms of foundation design, materials use, and turbine efficiency, BOEM requests comment on the appropriateness of the 60m water depth contour as a factor delineating the Call Areas.

    5.7 Visual Impacts

    The New Jersey and New York coastlines to the north and west of the Call Areas contain various natural areas, lighthouses, beaches, and other public spaces. These coastlines also contain numerous National Historic Landmarks (NHLs) and historic properties listed in, or eligible for listing in, the National Register of Historic Places. Additionally, two units of the National Park Service, Fire Island National Seashore (Fire Island) and Gateway National Recreation Area (Gateway) are located in the vicinity of the Call Areas. Fire Island was established by Congress to preserve the beaches, dunes, and other natural resources within Suffolk County, New York, and is also a designated Wilderness Area. Gateway was established to preserve natural and recreational resources in and around Staten Island, Long Island, and northern New Jersey.

    BOEM previously consulted with stakeholders regarding viewshed concerns and completed a study entitled, “Renewable Energy Viewshed Analysis and Visualization Simulation for the New York Outer Continental Shelf Call Area” (https://www.boem.gov/New-York-Visual-Simulations), during the Area Identification process for the New York WEA designated on March 16, 2016 and later refined into what is now Lease OCS-A 0512 (https://www.boem.gov/OCS-A-0512/). This study included a meteorological assessment, viewshed analysis, and photographic documentation of a hypothetical commercial wind facility from a series of publicly accessible key observations points. The National Park Service (NPS), New York State Historic Preservation Office (NY SHPO), and New Jersey State Historic Preservation Office (NJ SHPO) each expressed concern regarding the potential for visual impacts to NHLs and other onshore historic properties from renewable energy development within the New York Bight, including portions of the Call Areas. Additionally, NPS expressed concern that development within these areas could negatively impact historic and natural resources within Fire Island and Gateway, particularly with respect to the aircraft and vessel collision avoidance safety lighting to adversely affect the natural darkness, night sky, and ocean views.

    The State of New York initially excluded areas within 15 nmi (17.3 statute miles) of shore from its Area for of Consideration document in order to reduce potential visual impacts to onshore areas. Based on the results of BOEM's visual simulation study and additional outreach conducted by the State of New York, the state limited its Area for Consideration document to include areas at least 20 statute miles (17.4 nautical miles) from shore. BOEM has elected to use the State's initial 15 nmi limit at this preliminary stage, and seeks further stakeholder feedback regarding viewshed concerns in response to this Call—including specific concerns about potential impacts to the landscape or seascape of coastal areas of New York and/or New Jersey, as well as potential mitigation measures.

    5.8 Cables and Other Existing Infrastructure

    As discussed in the Area for Consideration document, the Call Areas contain a significant number of fiber-optic and electrical transmission cables traversing the seabed, as well as other existing infrastructure, such as natural gas pipelines. If BOEM ultimately leases portions of the Call Areas that contain existing infrastructure, lessees may need to develop site-specific crossing and proximity agreements with applicable infrastructure owners, per BOEM's Construction Operation Plan Guidance-Attachment H: Coordination Efforts Relating to Existing Telecommunications Cables.

    6 Description of the Area

    The Call Areas described in this notice are located on the OCS in the New York Bight and are delineated as Fairways North, Fairways South, Hudson North, and Hudson South. The four Areas include 222 whole OCS blocks and 172 partial blocks in total, and comprise approximately 2,047 square nmi (702,192 hectares). A map of the Call Areas, and associated GIS files, which are located in UTM Zone 18 and UTM Zone 19, NAD83 Datum, can be found at the following URL: https://www.boem.gov/NY-Bight/.

    6.1 Call Area Fairways North

    The boundary of Call Area Fairways North begins 15 nmi offshore and is parallel to the coast. The area is 15 nmi from both South Hampton, New York and Montauk, New York. The area is about 46 nmi in length from east to west and at its widest point is about 11nmi from north to south. Respondents should be aware that New York NK18-12 Blocks 6233, 6283, 6333, 6383, 6433 and Block Island Shelf NK19-10 Blocks 6202, 6252, 6302, 6352, 6402 border the edge of Universe Transverse Mercator (UTM) Zones 18 and 19. As a result, while these blocks are considered full OCS lease blocks, they vary in area and are smaller than standard OCS blocks. Official acreages for the blocks located within Official Protraction Diagrams (OPD) New York NK18-12 and Block Island Shelf NK19-10 can be found at: https://www.boem.gov/Oil-and-Gas-Energy-Program/Mapping-and-Data/NK18-12-01-MAY-2006.aspx and https://www.boem.gov/Oil-and-Gas-Energy-Program/Mapping-and-Data/NK19-10-01-MAY-2006.aspx.

    The entire area is approximately 250 square nmi (85,728 hectares) and is described in the table below:

    Protraction name Protraction No. Block No. Sub-block New York NK18-12 6233 P. New York NK18-12 6281 P. New York NK18-12 6282 H, J, K, L, M, N, O, P. New York NK18-12 6283 B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6330 K, L, M, N, O, P. New York NK18-12 6331 B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6332 All. New York NK18-12 6333 All. New York NK18-12 6378 K, L, M, N, O, P. New York NK18-12 6379 C, D, E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6380 All. New York NK18-12 6381 All. New York NK18-12 6382 All. New York NK18-12 6383 All. New York NK18-12 6425 O, P. New York NK18-12 6426 H, I, J, K, L, M, N, O, P. New York NK18-12 6427 B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6428 All. New York NK18-12 6429 A, B, C, D, E, F, G, H, I, J, K, L, M, N. New York NK18-12 6430 A, B, C, D, E, F, G, H, I, J, K, L. New York NK18-12 6431 A, B, C, D, E, F, G, H, I, J, K, L. New York NK18-12 6432 A, B, C, D, E, F, G, H, I, J, K, L. New York NK18-12 6433 A, B, C, D, E, F, G, H, I. New York NK18-12 6474 D. New York NK18-12 6475 A. Block Island Shelf NK19-10 6058 O, P. Block Island Shelf NK19-10 6059 M. Block Island Shelf NK19-10 6107 L, M, N, O, P. Block Island Shelf NK19-10 6108 B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. Block Island Shelf NK19-10 6109 A, E, F, I, J, M. Block Island Shelf NK19-10 6154 O, P. Block Island Shelf NK19-10 6155 H, I, J, K, L, M, N, O, P. Block Island Shelf NK19-10 6156 C, D, E, F, G, H, I, J, K, L, M, N, O, P. Block Island Shelf NK19-10 6157 A, B, E, F, I, J, M. Block Island Shelf NK19-10 6158 A. Block Island Shelf NK19-10 6202 L, M, N, O, P. Block Island Shelf NK19-10 6203 F, G, H, I, J, K, L, M, N, O, P. Block Island Shelf NK19-10 6204 All. Block Island Shelf NK19-10 6205 All. Block Island Shelf NK19-10 6206 All. Block Island Shelf NK19-10 6207 All. Block Island Shelf NK19-10 6252 All. Block Island Shelf NK19-10 6253 All. Block Island Shelf NK19-10 6254 All. Block Island Shelf NK19-10 6255 All. Block Island Shelf NK19-10 6256 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O. Block Island Shelf NK19-10 6302 All. Block Island Shelf NK19-10 6303 All. Block Island Shelf NK19-10 6304 All. Block Island Shelf NK19-10 6305 All. Block Island Shelf NK19-10 6306 A, B, C, E, F, I, M. Block Island Shelf NK19-10 6352 All. Block Island Shelf NK19-10 6353 All. Block Island Shelf NK19-10 6354 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O. Block Island Shelf NK19-10 6355 A, B, C, D, E, F, G, H, I, J, K. Block Island Shelf NK19-10 6402 A, B, C, D, E, F, G, H. Block Island Shelf NK19-10 6403 A, B, C, D, E, F, G, H. Block Island Shelf NK19-10 6404 A, B, C. Call Area Fairways South

    The boundary of Call Area Fairways South begins at 15 nmi offshore Fire Island National Seashore in New York. The area is about 43nmi in length from east to west and about 4 nmi in width from north to south. The entire area is approximately 126.4 square nmi (43,344 hectares) and is described in the table below:

    Protraction name Protraction No. Block No. Sub-block New York NK18-12 6526 O, P. New York NK18-12 6527 M, N, O, P. New York NK18-12 6528 M, N, O, P. New York NK18-12 6529 M, N, O, P. New York NK18-12 6530 K, L, M, N, O, P. New York NK18-12 6531 I, J, K, L, M, N, O, P. New York NK18-12 6532 I, J, K, L, M, N, O. New York NK18-12 6568 O, P. New York NK18-12 6569 G, H, I, J, K, L, M, N, O, P. New York NK18-12 6570 E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6571 E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6572 C, D, E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6573 All. New York NK18-12 6574 All. New York NK18-12 6575 All. New York NK18-12 6576 All. New York NK18-12 6577 All. New York NK18-12 6578 All. New York NK18-12 6579 All. New York NK18-12 6580 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O. New York NK18-12 6581 A, B, C, D, E, F, G, H, I, J, K, L. New York NK18-12 6582 A, B, C, D, E, F, G, H, I. New York NK18-12 6616 K, L. New York NK18-12 6617 D, E, F, G, H, I, J, K, L. New York NK18-12 6618 A, B, C, D, E, F, G, H, I, J, K, L. New York NK18-12 6619 A, B, C, D, E, F, G, H. New York NK18-12 6620 A, B, C, D, E, F, G, H. New York NK18-12 6621 A, B, C, D, E, F, G, H. New York NK18-12 6622 A, B, C, D, E, F, G, H. New York NK18-12 6623 A, B, C, D. New York NK18-12 6624 A, B, C, D. New York NK18-12 6625 A, B, C, D. New York NK18-12 6626 A, B, C, D. Call Area Hudson North

    The boundary of Call Area Hudson North begins at about 20 nmi from shore, the closest coastal location being Robert Moses State Park in New York. Jones Beach State Park in New York is about 25 nmi from the area. The area is about 47 nmi in length from east to west and about 30 nmi in width from north to south. The entire area is approximately 696.9 square nmi (239,040 hectares) and is described in the table below:

    Protraction name Protraction No. Block No. Sub-block Hudson Canyon NJ18-03 6018 D. Hudson Canyon NJ18-03 6019 A, B, C, D, E, F, G, H, J, K, L, O, P. Hudson Canyon NJ18-03 6020 All. Hudson Canyon NJ18-03 6021 All. Hudson Canyon NJ18-03 6022 All. Hudson Canyon NJ18-03 6023 A, B, E. Hudson Canyon NJ18-03 6069 D. Hudson Canyon NJ18-03 6070 A, B, C, D, E, F, G, H, J, K, L, O, P. Hudson Canyon NJ18-03 6071 All. Hudson Canyon NJ18-03 6072 A, B, C, D, E, F, I, J, M. Hudson Canyon NJ18-03 6120 D. Hudson Canyon NJ18-03 6121 A, B, C, D, E, F, G, H, K, L. Hudson Canyon NJ18-03 6122 A. New York NK18-12 6678 M, N, O, P. New York NK18-12 6679 M, N, O, P. New York NK18-12 6716 N, O, P. New York NK18-12 6717 I, J, K, L, M, N, O, P. New York NK18-12 6718 I, J, K, L, M, N, O, P. New York NK18-12 6719 I, J, K, L, M, N, O, P. New York NK18-12 6720 E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6721 E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6722 E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6723 E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6724 All. New York NK18-12 6725 All. New York NK18-12 6726 All. New York NK18-12 6727 All. New York NK18-12 6728 All. New York NK18-12 6729 All. New York NK18-12 6730 E, I, J, K, M, N. New York NK18-12 6764 L, O, P. New York NK18-12 6765 C, D, E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6766 All. New York NK18-12 6767 All. New York NK18-12 6768 All. New York NK18-12 6769 All. New York NK18-12 6770 All. New York NK18-12 6771 All. New York NK18-12 6772 All. New York NK18-12 6773 All. New York NK18-12 6774 All. New York NK18-12 6775 All. New York NK18-12 6776 All. New York NK18-12 6777 All. New York NK18-12 6778 All. New York NK18-12 6779 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O. New York NK18-12 6780 A. New York NK18-12 6813 K, L, O, P. New York NK18-12 6814 B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6815 All. New York NK18-12 6816 All. New York NK18-12 6817 All. New York NK18-12 6818 All. New York NK18-12 6819 All. New York NK18-12 6820 All. New York NK18-12 6821 All. New York NK18-12 6822 All. New York NK18-12 6823 All. New York NK18-12 6824 All. New York NK18-12 6825 A, B, C, D, E, F, G, H, I, J, K, L, M. New York NK18-12 6826 A, B, C, D, E, F, G, H, I, J, K, L. New York NK18-12 6827 A, B, C, D, E, F, G, H, I, J, K, L. New York NK18-12 6828 A, B, C, D, E, F, G, H, I, J, K. New York NK18-12 6829 A. New York NK18-12 6862 L. New York NK18-12 6863 B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6864 All. New York NK18-12 6865 All. New York NK18-12 6866 All. New York NK18-12 6867 All. New York NK18-12 6868 All. New York NK18-12 6869 All. New York NK18-12 6870 All. New York NK18-12 6871 All. New York NK18-12 6872 All. New York NK18-12 6873 All. New York NK18-12 6874 A, B, M, N. New York NK18-12 6913 C, D, H. New York NK18-12 6914 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6915 All. New York NK18-12 6916 All. New York NK18-12 6917 All. New York NK18-12 6918 All. New York NK18-12 6919 All. New York NK18-12 6920 All. New York NK18-12 6921 All. New York NK18-12 6922 All. New York NK18-12 6923 All. New York NK18-12 6924 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6925 E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6926 M. New York NK18-12 6964 C, D, H. New York NK18-12 6965 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6966 All. New York NK18-12 6967 All. New York NK18-12 6968 All. New York NK18-12 6969 All. New York NK18-12 6970 All. New York NK18-12 6971 All. New York NK18-12 6972 All. New York NK18-12 6973 All. New York NK18-12 6974 All. New York NK18-12 6975 All. New York NK18-12 6976 A, E, I, M. New York NK18-12 7015 C, D, H. New York NK18-12 7016 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 7017 All. New York NK18-12 7018 All. New York NK18-12 7019 All. New York NK18-12 7020 All. New York NK18-12 7021 All. New York NK18-12 7022 All. New York NK18-12 7023 A, B, C, D, E, F, G, H, I, J, K, L. New York NK18-12 7024 A, B, C, D, E, F, G, H, I, J, K, L. New York NK18-12 7025 A, B, C, D, E, F, G, H, I, J. New York NK18-12 7066 C, D, H. New York NK18-12 7067 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 7068 All. New York NK18-12 7069 All. New York NK18-12 7070 All. New York NK18-12 7071 All. New York NK18-12 7072 All. New York NK18-12 7073 M. New York NK18-12 7117 D. New York NK18-12 7118 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 7119 All. New York NK18-12 7120 All. New York NK18-12 7121 All. New York NK18-12 7122 All. New York NK18-12 7123 All. Call Area Hudson South

    The boundary of Call Area Hudson South begins 15 nmi offshore Neptune, New Jersey. The area is about 62 nmi in length from north to south and about 30 nmi in width from east to west. The entire area is approximately 974 square nmi (334,080 hectares) and is described in the table below:

    Protraction name Protraction No. Block No. Sub-block Hudson Canyon NJ18-03 6005 B, C, D, E, F, G, H, J, K, L, M, N, O, P. Hudson Canyon NJ18-03 6006 All. Hudson Canyon NJ18-03 6007 All. Hudson Canyon NJ18-03 6008 All. Hudson Canyon NJ18-03 6009 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. Hudson Canyon NJ18-03 6010 I, M, N. Hudson Canyon NJ18-03 6055 B, C, D, G, H, K, L, O, P. Hudson Canyon NJ18-03 6056 All. Hudson Canyon NJ18-03 6057 All. Hudson Canyon NJ18-03 6058 All. Hudson Canyon NJ18-03 6059 All. Hudson Canyon NJ18-03 6060 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. Hudson Canyon NJ18-03 6061 I, M, N. Hudson Canyon NJ18-03 6105 C, D, G, H, L, P. Hudson Canyon NJ18-03 6106 All. Hudson Canyon NJ18-03 6107 All. Hudson Canyon NJ18-03 6108 All. Hudson Canyon NJ18-03 6109 All. Hudson Canyon NJ18-03 6110 All. Hudson Canyon NJ18-03 6111 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. Hudson Canyon NJ18-03 6112 I, M, N. Hudson Canyon NJ18-03 6155 D, H, L. Hudson Canyon NJ18-03 6156 All. Hudson Canyon NJ18-03 6157 All. Hudson Canyon NJ18-03 6158 All. Hudson Canyon NJ18-03 6159 All. Hudson Canyon NJ18-03 6160 All. Hudson Canyon NJ18-03 6161 All. Hudson Canyon NJ18-03 6162 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P. Hudson Canyon NJ18-03 6163 E, I, J, M, N, O. Hudson Canyon NJ18-03 6206 All. Hudson Canyon NJ18-03 6207 All. Hudson Canyon NJ18-03 6208 All. Hudson Canyon NJ18-03 6209 All. Hudson Canyon NJ18-03 6210 All. Hudson Canyon NJ18-03 6211 All. Hudson Canyon NJ18-03 6212 All. Hudson Canyon NJ18-03 6213 All. Hudson Canyon NJ18-03 6214 E, I, J, M, N, O. Hudson Canyon NJ18-03 6256 All. Hudson Canyon NJ18-03 6257 All. Hudson Canyon NJ18-03 6258 All. Hudson Canyon NJ18-03 6259 All. Hudson Canyon NJ18-03 6260 All. Hudson Canyon NJ18-03 6261 All. Hudson Canyon NJ18-03 6262 All. Hudson Canyon NJ18-03 6263 All. Hudson Canyon NJ18-03 6264 All. Hudson Canyon NJ18-03 6265 E, I, J, M, N, O. Hudson Canyon NJ18-03 6306 All. Hudson Canyon NJ18-03 6307 All. Hudson Canyon NJ18-03 6308 All. Hudson Canyon NJ18-03 6309 All. Hudson Canyon NJ18-03 6310 All. Hudson Canyon NJ18-03 6311 All. Hudson Canyon NJ18-03 6312 All. Hudson Canyon NJ18-03 6313 All. Hudson Canyon NJ18-03 6314 All. Hudson Canyon NJ18-03 6315 All. Hudson Canyon NJ18-03 6316 E, I, J, M, N, O. Hudson Canyon NJ18-03 6355 D, H, L, P. Hudson Canyon NJ18-03 6356 All. Hudson Canyon NJ18-03 6357 All. Hudson Canyon NJ18-03 6358 All. Hudson Canyon NJ18-03 6359 All. Hudson Canyon NJ18-03 6360 All. Hudson Canyon NJ18-03 6361 All. Hudson Canyon NJ18-03 6362 All. Hudson Canyon NJ18-03 6363 All. Hudson Canyon NJ18-03 6364 All. Hudson Canyon NJ18-03 6365 All. Hudson Canyon NJ18-03 6366 A, E. Hudson Canyon NJ18-03 6405 D, H, L, P. Hudson Canyon NJ18-03 6406 All. Hudson Canyon NJ18-03 6407 All. Hudson Canyon NJ18-03 6408 All. Hudson Canyon NJ18-03 6409 All. Hudson Canyon NJ18-03 6410 All. Hudson Canyon NJ18-03 6411 All. Hudson Canyon NJ18-03 6412 All. Hudson Canyon NJ18-03 6413 All. Hudson Canyon NJ18-03 6414 All. Hudson Canyon NJ18-03 6415 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O. Hudson Canyon NJ18-03 6455 D, H, L, P. Hudson Canyon NJ18-03 6456 All. Hudson Canyon NJ18-03 6457 All. Hudson Canyon NJ18-03 6458 All. Hudson Canyon NJ18-03 6459 All. Hudson Canyon NJ18-03 6460 All. Hudson Canyon NJ18-03 6461 All. Hudson Canyon NJ18-03 6462 All. Hudson Canyon NJ18-03 6463 All. Hudson Canyon NJ18-03 6464 All. Hudson Canyon NJ18-03 6465 A, B, C, E, F, I, J, M. Hudson Canyon NJ18-03 6505 D, G, H, K, L, O, P. Hudson Canyon NJ18-03 6506 All. Hudson Canyon NJ18-03 6507 All. Hudson Canyon NJ18-03 6508 All. Hudson Canyon NJ18-03 6509 All. Hudson Canyon NJ18-03 6510 All. Hudson Canyon NJ18-03 6511 All. Hudson Canyon NJ18-03 6512 All. Hudson Canyon NJ18-03 6513 A, B, C, D, E, F, G, H, I, J, K, L, M, N. Hudson Canyon NJ18-03 6514 A, B, C, D, E, F, G, H, I, J, K, L. Hudson Canyon NJ18-03 6515 A. Hudson Canyon NJ18-03 6555 C, D, G, H, K, L, O, P. Hudson Canyon NJ18-03 6556 All. Hudson Canyon NJ18-03 6557 All. Hudson Canyon NJ18-03 6558 All. Hudson Canyon NJ18-03 6559 All. Hudson Canyon NJ18-03 6560 All. Hudson Canyon NJ18-03 6561 All. Hudson Canyon NJ18-03 6562 All. Hudson Canyon NJ18-03 6563 A, B, E, I. Hudson Canyon NJ18-03 6605 B, C, D, F, G, H, J, K, L, N, O, P. Hudson Canyon NJ18-03 6606 All. Hudson Canyon NJ18-03 6607 All. Hudson Canyon NJ18-03 6608 All. Hudson Canyon NJ18-03 6609 All. Hudson Canyon NJ18-03 6610 All. Hudson Canyon NJ18-03 6611 All. Hudson Canyon NJ18-03 6612 A, B, C, E, F, G, I, J, M, N. Hudson Canyon NJ18-03 6655 B, C, D, F, G, H, J, K, L, N, O, P. Hudson Canyon NJ18-03 6656 All. Hudson Canyon NJ18-03 6657 All. Hudson Canyon NJ18-03 6658 All. Hudson Canyon NJ18-03 6659 All. Hudson Canyon NJ18-03 6660 All. Hudson Canyon NJ18-03 6661 A, B, C, D, E, F, G, H, I, J, K, L, M, N, O. Hudson Canyon NJ18-03 6662 A. Hudson Canyon NJ18-03 6705 B, C, D, F, G, H, J, K, L, N, O, P. Hudson Canyon NJ18-03 6706 All. Hudson Canyon NJ18-03 6707 All. Hudson Canyon NJ18-03 6708 All. Hudson Canyon NJ18-03 6709 All. Hudson Canyon NJ18-03 6710 All. Hudson Canyon NJ18-03 6711 A, B, C, E, F, I, M. Hudson Canyon NJ18-03 6755 B, C, D, F, G, H, J, K, L, N, O, P. Hudson Canyon NJ18-03 6756 All. Hudson Canyon NJ18-03 6757 All. Hudson Canyon NJ18-03 6758 All. Hudson Canyon NJ18-03 6759 All. Hudson Canyon NJ18-03 6760 A, B, C, D, E, F, G, H, I, J, K, M, N. Hudson Canyon NJ18-03 6805 B, C, D, F, G, H, J, K, L, N, O, P. Hudson Canyon NJ18-03 6806 All. Hudson Canyon NJ18-03 6807 All. Hudson Canyon NJ18-03 6808 All. Hudson Canyon NJ18-03 6809 All. Hudson Canyon NJ18-03 6810 A, B, E Hudson Canyon NJ18-03 6855 B, C, D, F, G, H, J, K, L, N, O, P. Hudson Canyon NJ18-03 6856 All. Hudson Canyon NJ18-03 6857 All. Hudson Canyon NJ18-03 6858 All. Hudson Canyon NJ18-03 6859 A, B, C, D, E, F, G, H, I, J, K, M, N. New York NK18-12 6854 H, L, P. New York NK18-12 6855 I, M. New York NK18-12 6904 D, H, L. New York NK18-12 6905 A, B, E, F, G, I, J, K, L N, O, P. New York NK18-12 6954 G, K, L, O, P. New York NK18-12 6955 I, M, N, O. New York NK18-12 7004 C, D, G, H. New York NK18-12 7005 A, B, C, D, E, F, G, H, J, K, L, N, O, P. New York NK18-12 7006 E, F, I, J, K, L, M, N, O, P. New York NK18-12 7007 M. New York NK18-12 7055 B, C, D, F, G, H, J, K, L, N, O, P. New York NK18-12 7056 All. New York NK18-12 7057 A, B, E, F, G, I, J, K, L, M, N, O, P. New York NK18-12 7058 M. New York NK18-12 7105 B, C, D, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 7106 All. New York NK18-12 7107 All. New York NK18-12 7108 A, B, E, F, G, I, J, K, L, M, N, O, P. New York NK18-12 7109 I, M, N. 6.2 Unsolicited Lease Request—PNE Wind

    On December 30, 2016, BOEM received an unsolicited lease request from PNE Wind USA, Inc. (PNE) for 40,920 acres offshore New York. PNE seeks a lease to develop a 300-400 MW project approximately 28 nmi southeast from the Ruland Road Substation, as described below. BOEM is subsuming portions of PNE's unsolicited request into the Call Areas, and will subject the unsolicited request to the same Area ID analysis and determination of competitive interest as the remainder of the Call Areas.

    The unsolicited request is mostly located within the Call Area Fairways South and begins approximately 13.5 nmi from the shore near Fire Island National Seashore in New York and extends roughly 3 nmi seaward. It extends from west to east approximately 15 nmi. It should be noted that 15 lease blocks of the original unsolicited requests have not been included as part of this Call. Specifically, 11 blocks in the northwest portion of the original request have been excluded by the 15 nautical mile visual buffer, and four blocks along the southern and south eastern border of the original request were removed to accommodate a one nautical mile buffer from an existing navigational fairway. The entire area is approximately 48.3 square nmi (16,560 hectares) and is described in the table below:

    Protraction name Protraction No. Block No. Sub-block New York NK18-12 6567 K, L, O, P. New York NK18-12 6568 I, J, K L,M, N, O, P. New York NK18-12 6569 H, I, J, K, L, M, N, O, P. New York NK18-12 6570 E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6571 E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6572 E, F, G, H, I, J, K, L, M, N, O, P. New York NK18-12 6573 E, I, M. New York NK18-12 6617 C, D, G, H, K, L. New York NK18-12 6618 A, B, C, D, E, F, G, H, I, J, K, L. New York NK18-12 6619 A, B, C, D, E, F, G, H, I, J, K. New York NK18-12 6620 A, B, C, D, E, F, G, H. New York NK18-12 6621 A, B, C, D, E, F, G, H. New York NK18-12 6622 A, B, C, D, E, F, G, H. New York NK18-12 6623 A, E. 7 Requested Information From Interested or Affected Parties

    BOEM requests specific and detailed comments from the public and other interested or affected parties regarding the following:

    1. Geological, geophysical, and biological conditions (including bottom and shallow hazards and live bottom) in the area described in this notice.

    2. Information regarding the identification of historic properties or potential effects to historic properties from leasing, site assessment activities (including the construction of meteorological towers or the installation of meteorological buoys), or commercial wind energy development in the areas identified in this Call. This includes potential offshore archaeological sites or other historic properties within the areas described in this notice and also onshore historic properties that could potentially be affected by renewable energy activities within the Call Areas. This information will inform BOEM's review of future undertakings under Section 106 of the NHPA and under NEPA.

    3. Information relating to whether or not the visibility of wind turbines located in the offshore Call Areas identified in this notice would adversely affect the landscape or seascape of coastal areas of New York and/or New Jersey, and ideas or strategies that could be used to help mitigate or minimize any adverse visual effects, such as: How far offshore turbines should be placed to minimize the visual impact from the coastline; specific locations or areas to avoid development altogether; or any other strategies to help reduce the visual footprint (for example, the color of the turbines [towers, nacelle, blades], the arrangement or pattern of the turbine array, the dimension of the turbines (e.g., height and blade span), visual navigational aviation lighting requirements, the maximum number of turbines that should be allowed in a specific area, etc.).

    4. Information about potentially conflicting uses of the Call Areas, including navigation (commercial and recreational vessel use), recreational fishing hotspots, and commercial fishing areas (see Section 5.1 for additional information regarding known fishing grounds located in the Call Areas).

    5. Additional information about port-to-port or port-to-fishing location corridors, determination of appropriate buffers for safety based on the type of vessel between these routes, and the placement of structures in the Call Areas, as well as the density of the types of vessels that utilize these corridors and their ability to use alternative corridors.

    6. Additional information regarding recreational and commercial fisheries that operate within these Call Areas, including, but not limited to, the use of the area for recreational tuna and marlin tournaments, the fishing gear types used, seasonal use, and suggestions for reducing use conflicts in response to this Call.

    7. BOEM is currently participating in interagency discussions with DOD, Department of Energy, Federal Aviation Administration, and NOAA and conducting research on the potential effect of offshore wind facilities on coastal radar systems. BOEM is requesting additional information regarding the potential for interference with radar systems covering the Call Areas, including, but not limited to, the use of coastal oceanographic radar observations for offshore search and rescue operations and for environmental monitoring.

    8. General interest by a developer(s) in constructing a backbone transmission system that would transport electricity generated by wind projects located offshore in the New York Bight, including a general description of the transmission's proposed path and potential interconnection points.

    9. Available and pertinent data and information concerning renewable energy resources and environmental conditions in and around the Call Areas. Where applicable, spatial information should be submitted in a format compatible with ArcGIS 10.0 in a geographic coordinate system (NAD 83).

    10. Potential buffers between WEAs within the Call Area. Within the Area for Consideration document, the State of New York also included “indicative areas” intended to provide a sense of scale and outline what potential WEAs could look like. The indicative areas were drawn with buffers between the leases, as seen in Europe. Should BOEM delineate its WEAs with buffers to allow for mitigation of potential conflicts, not limited to wake effect, navigation, and/or cumulative environmental effects? Alternatively, should BOEM consider adding stipulations in its leases limiting development within a certain distance of adjacent development without the consent of the other developer (and if so, what distance is appropriate)?

    11. Size and number of WEAs within the Call Areas. How should BOEM determine the appropriate size and number of wind energy areas to offer for leasing? As discussed in Section 5, approximately 18% of the Call Areas presented in this document would need to be identified as WEAs to meet the State of New York's request for four 800 MW lease areas. Considering the goals of states within the region of a potential wind energy area is a crucial component of BOEM's process. However, BOEM is seeking further information on what additional factors should be considered in this process.

    12. Habitats that may require special attention during siting and construction.

    13. Biologically important areas (whether persistent or seasonal) for fish (also see Section 5.3), avian, marine mammal, or sea turtle species, which may be vital for migration, foraging or other biologically important behaviors, or that may seasonally concentrate these species in high numbers.

    14. Other relevant socioeconomic, biological, and environmental information.

    8 Required Nomination Information

    If you intend to submit one or more nominations for a commercial wind energy lease in the Call Areas identified in this notice, you must provide the following information for each nomination:

    1. The BOEM Protraction name, number, and specific whole or partial OCS blocks within the Call Area(s) that you are interested in leasing, inclusive of any potential buffers with adjacent leases. Each area you identify should be sized appropriately to accommodate the development of a reasonable wind energy facility. For context, BOEM would consider the nomination of a block of approximately 80,000 acres reasonable, as it would likely be able to support an 800 MW wind energy facility (assuming a power density of 0.01 MW per acre). Nominations that considerably exceed approximately 80,000 acres, e.g. all of the Call Areas, may be deemed unreasonable and not accepted by BOEM. This information should be submitted as a spatial file compatible with ArcGIS 10.0 in a geographic coordinate system (NAD 83) in addition to your hard copy submittal. If your proposed lease area(s) includes one or more partial blocks, please describe those partial blocks in terms of a sixteenth (i.e., sub-block) of an OCS block. If you are commercially interested in an area outside the Call Areas deeper than 60m of water depth, BOEM may consider your nomination either as part of this leasing process or in a separate process at a later date.

    2. A description of your objectives and the facilities that you would use to achieve those objectives.

    3. A preliminary schedule of proposed activities, including those leading to commercial operations.

    4. Available and pertinent data and information concerning renewable energy resources and environmental conditions in the block(s) area(s) that you wish to lease, including energy and resource data and information used to evaluate the Call Area. Where applicable, spatial information should be submitted in a format compatible with ArcGIS 10.0 in a geographic coordinate system (NAD 83).

    5. Documentation demonstrating that you are legally qualified to hold a lease, as set forth in 30 CFR 585.106 and 585.107(c). Examples of the documentation appropriate for demonstrating your legal qualifications and related guidance can be found in Chapter 2 and Appendix B of the BOEM Renewable Energy Framework Guide Book available at: http://www.boem.gov/REnGuidebook_03/. Legal qualification documents will be placed in an official file that may be made available for public review. If you wish that any part of your legal qualification documentation be kept confidential, clearly identify what should be kept confidential, and submit it under separate cover (see “Protection of Privileged or Confidential Information Section,” below).

    6. Documentation demonstrating that you are technically and financially capable of constructing, operating, maintaining and decommissioning the facilities described in (2) above, as set forth in 30 CFR 585.107(a). Guidance regarding the required documentation to demonstrate your technical and financial qualifications can be found at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/QualificationGuidelines-pdf.aspx. Any documentation you submit to demonstrate your legal, technical, and financial qualifications must be provided to BOEM in both paper and electronic formats. BOEM considers an Adobe PDF file on a storage media device to be an acceptable format for an electronic copy.

    It is not required that you submit a nomination in response to this Call in order to participate in a potential future competitive lease sale in the New York Bight, if BOEM determines that competitive interest exists in one or more portions of the Call Area after the close of the Call comment period. However, you will not be able to participate in such a lease sale unless you demonstrate prior to the sale that you are legally, technically, and financially qualified to hold a BOEM renewable energy lease. To ensure that BOEM has sufficient time to process your qualifications package, you should submit this package during the PSN 60-day public comment period. More information can be found at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/QualificationGuidelines-pdf.aspx.

    9 Protection of Privileged or Confidential Information 9.1 Freedom of Information Act

    BOEM will protect privileged or confidential information that you submit when required by the Freedom of Information Act (FOIA). Exemption 4 of FOIA applies to trade secrets and commercial or financial information that you submit that is privileged or confidential. If you wish to protect the confidentiality of such information, clearly mark it and request that BOEM treat it as confidential. BOEM will not disclose such information if it qualifies for exemption from disclosure under FOIA. Please label privileged or confidential information “Contains Confidential Information” and consider submitting such information as a separate attachment.

    BOEM will not treat as confidential any aggregate summaries of such information or comments not containing such information. Additionally, BOEM will not treat as confidential (1) the legal title of the nominating entity (for example, the name of your company), or (2) the list of whole or partial blocks that you are nominating. Information that is not labeled as privileged or confidential will be regarded by BOEM as suitable for public release.

    9.2 Personal Identifying Information

    BOEM does not consider anonymous comments; please include your name and address as part of your submittal. You should be aware that your entire comment, including your name, address, and your personal identifying information, may be made publicly available at any time. All submissions from identified individuals, businesses and organizations will be available for public viewing on regulations.gov. In order for BOEM to withhold from disclosure your personal identifying information, you must identify any information contained in the submittal of your comments that, if released, would constitute a clearly unwarranted invasion of your personal privacy. You must also briefly describe any possible harmful consequence(s) of the disclosure of information, such as embarrassment, injury or other harm.

    9.3 Section 304 of the National Historic Preservation Act (16 U.S.C. 470w-3(a))

    BOEM is required, after consultation with the Secretary, to withhold the location, character, or ownership of historic resources if it determines that disclosure may, among other things, risk harm to the historic resources or impede the use of a traditional religious site by practitioners. Tribal entities should designate information that falls under Section 304 of NHPA as confidential.

    Dated: April 5, 2018. Walter D. Cruickshank, Acting Director, Bureau of Ocean Energy Management.
    [FR Doc. 2018-07445 Filed 4-10-18; 8:45 am] BILLING CODE 4310-MR-P
    DEPARTMENT OF THE INTERIOR Bureau of Ocean Energy Management [Docket No. BOEM-2018-0016] Atlantic Wind Lease Sale 4A (ATLW-4A) Commercial Leasing for Wind Power on the Outer Continental Shelf Offshore Massachusetts—Proposed Sale Notice AGENCY:

    Bureau of Ocean Energy Management, Interior.

    ACTION:

    Proposed Sale Notice.

    SUMMARY:

    This document is the Proposed Sale Notice (PSN) for the sale of commercial wind energy leases on the Outer Continental Shelf (OCS) offshore Massachusetts, pursuant to the Bureau of Ocean Energy Management's (BOEM) regulations. BOEM proposes to offer for sale two leases: Lease OCS-A 0502 and Lease OCS-A 0503, which are the same Lease Areas (LA) that were unsold during the Atlantic Wind Lease Sale-4 (ATLW-4) on January 29, 2015. In this PSN, you will find information pertaining to the areas available for leasing, proposed lease provisions and conditions, auction details, lease form, criteria for evaluating competing bids, award procedures, appeal procedures, and lease execution. BOEM invites public comment during a 60-day comment period following publication of this notice. The issuance of the proposed leases resulting from this sale would not constitute approval of project-specific plans to develop offshore wind energy. Such plans, expected to be submitted by the auction winner(s), would be subject to subsequent environmental and technical reviews prior to a decision by BOEM to approve development.

    DATES:

    Comments should be submitted electronically or postmarked no later than June 11, 2018. All comments received or postmarked during the comment period will be made available to the public and considered prior to publication of the Final Sale Notice (FSN).

    Qualification materials must be postmarked no later than June 11, 2018. Please refer to the “Participation in the Proposed Lease Sale” section for additional information on entity participation and qualification.

    ADDRESSES:

    Potential auction participants, Federal, state, and local government agencies, tribal governments, and other interested parties are requested to submit their written comments on the PSN in one of the following ways:

    1. Electronically: http://www.regulations.gov. In the entry entitled, “Enter Keyword or ID,” enter BOEM-2018-0016 then click “search.” Follow the instructions to submit public comments.

    2. Written Comments: In written form, delivered by hand or by mail, enclosed in an envelope labeled “Comments on Massachusetts PSN” to: Office of Renewable Energy Programs, Bureau of Ocean Energy Management, 45600 Woodland Road, VAM-OREP, Sterling, Virginia 20166.

    3. Qualifications Materials: Those submitting qualifications materials for the first time, or previously qualified bidders reaffirming their interest in bidding on a lease offshore Massachusetts, should contact Jeff Browning, BOEM Office of Renewable Energy Programs, 45600 Woodland Road, VAM-OREP, Sterling, Virginia 20166, (703) 787-1577, or [email protected] If you wish to protect the confidentiality of your comments or qualification materials, clearly mark the relevant sections and request that BOEM treat them as confidential. Please label privileged or confidential information with the caption “Contains Confidential Information” and consider submitting such information as a separate attachment. Treatment of confidential information is addressed in the section of this PSN entitled, “Protection of Privileged or Confidential Information.” Information that is not labeled as privileged or confidential will be regarded by BOEM as suitable for public release.

    FOR FURTHER INFORMATION CONTACT:

    Jeff Browning, BOEM Office of Renewable Energy Programs, 45600 Woodland Road, VAM-OREP, Sterling, Virginia 20166, (703) 787-1577 or [email protected]

    SUPPLEMENTARY INFORMATION:

    Authority:

    This PSN is published pursuant to subsection 8(p) of the Outer Continental Shelf (OCS) Lands Act (43 U.S.C. 1337(p)), as amended by section 388 of the Energy Policy Act of 2005 (EPAct), and the implementing regulations at 30 CFR part 585, including 30 CFR 585.211 and 585.216.

    Background Area for Proposed Leasing

    The two LAs (OCS-A 0502 and OCS-A 0503) described for leasing in this PSN are the same LAs that were unsold in ATLW-4 on January 29, 2015 (see Atlantic Wind Lease Sale 4 Final Sale Notice available at: https://www.boem.gov/MA-FSN/). Detailed information regarding the LAs is provided in the section entitled, “Areas Offered for Leasing.”

    Environmental Reviews

    On November 2, 2012, BOEM published a Notice of Availability (NOA) for the Commercial Wind Lease Issuance and Site Assessment Activities on the Atlantic Outer Continental Shelf (OCS) Offshore Massachusetts Environmental Assessment (EA) (77 FR 66185) with a 30-day public comment period. BOEM received 25 comments, which are available at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/MA/Commercial-Wind-Leasing-Offshore-Massachusetts.aspx. Concurrently with its preparation of the EA, BOEM conducted consultation under the Endangered Species Act (ESA), the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA), and the Coastal Zone Management Act (CZMA). BOEM prepared and executed a programmatic agreement (PA) to guide its consultations under section 106 of the National Historic Preservation Act (NHPA). The PA provides for consultations to continue through BOEM's decision-making process regarding the approval, approval with modification, or disapproval of a lessee's Site Assessment Plan (SAP), and allows for phased identification and evaluation of historic properties.

    Based on the public comments received in response to the EA, the conclusion of required consultations, and public outreach and information meetings, BOEM made certain revisions to the November 2012 EA. As a result of its analysis in the revised EA, BOEM issued a Finding of No Significant Impact (FONSI) on June 18, 2014 (79 FR 117). The Commercial Wind Lease Issuance and Site Assessment Activities on the Atlantic Outer Continental Shelf (OCS) Offshore Massachusetts Revised Environmental Assessment and the FONSI can be found at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/MA/Commercial-Wind-Leasing-Offshore-Massachusetts.aspx.

    BOEM has evaluated the new information and changed circumstances since the FONSI was published, and has determined they would not result in significantly different environmental effects than those described in the June 2014 revised EA. The existing National Environmental Policy Act (NEPA) analyses and associated consultations adequately assess the reasonably foreseeable environmental effects of the issuance of commercial leases and associated site characterization activity in the Massachusetts Wind Energy Area (WEA), which includes the areas that BOEM proposes to lease in this notice. It is therefore unnecessary for BOEM to perform further NEPA analysis prior to issuing two additional commercial leases within the Massachusetts WEA.

    While there is no change to the EA's impact analysis for commercial and recreational fisheries, BOEM has elected to include a lease stipulation to ensure the Lessee would coordinate their activities with and communicate with commercial and recreational fishermen. Prior to the development of this lease stipulation, BOEM had been successful in using its review of survey plans and approval of SAPs to ensure that fisheries liaisons are identified and that lessees are communicating with potentially affected fishing groups. Nevertheless, BOEM included the same stipulation in the New York Lease (OCS-A 0512), and it has determined that this lease stipulation is also prudent for these proposed leases offshore Massachusetts given the importance of fishing to the economies of Southern New England states. The specific lease stipulation is as follows:

    Fisheries Communications Plan (FCP) and Fisheries Liaison. The Lessee must develop a publicly available FCP that describes the strategies that the Lessee intends to use for communicating with fisheries stakeholders prior to and during activities in support of the submission of a plan. The FCP must include the contact information for an individual retained by the Lessee as its primary point of contact with fisheries stakeholders (i.e., Fisheries Liaison).

    BOEM will conduct additional environmental reviews upon receipt of a lessee's proposed project-specific plans, such as a SAP or Construction and Operations Plan (COP).

    Participation in the Proposed Lease Sale

    Entities wishing to participate in the proposed sale described in this notice must respond to BOEM during the 60-day comment period. Entities that qualified to participate in the first Massachusetts lease sale (ATLW-4) held on January 29, 2015, must: (1) Affirm their interest in acquiring LAs OCS-A 0502 and/or 0503; (2) notify BOEM of any adverse material changes to their financial and/or technical qualifications, including bankruptcies; and (3) provide any updates to their legal qualifications documentation on file with BOEM. Those companies are:

    • Deepwater Wind New England, LLC • EDF Renewable Development, Inc. • Fishermen's Energy, LLC • Green Sail Energy LLC • Avangrid Renewables LLC (formerly IBERDROLA RENEWABLES, Inc.) • NRG Bluewater Wind Massachusetts, LLC • Vineyard Wind LLC (formerly Offshore MW LLC) • RES America Developments Inc. • Sea Breeze Energy LLC • US Mainstream Renewable Power (Offshore) Inc. • US Wind Inc.

    Entities that have filed qualification materials with BOEM to hold a lease offshore Massachusetts since the first Massachusetts lease sale (ATLW-4) held on January 29, 2015, do not need to re-file qualification materials. Those companies are:

    • Statoil Wind US LLC • PNE WIND USA, Inc.

    All other entities wishing to participate in the proposed Massachusetts lease sale that have not already been legally, financially, and technically qualified to hold a lease for commercial wind development offshore Massachusetts must submit the required qualification materials by the end of the 60-day comment period for this notice.

    Areas of Particular Interest

    Stakeholders are encouraged to comment on any matters related to this lease sale that are of interest or concern to them. However, BOEM has identified certain issues as particularly important in developing this lease sale, and we encourage commenters to address these issues specifically.

    Multiple-Factor Auction Format: In this PSN, BOEM proposes a lease sale based on a multiple-factor bidding auction format, and a bidding system comprised of a multiple-factor combination of nonmonetary and monetary factors. In such a lease sale, bidders can qualify for nonmonetary credits that effectively offset a percentage of their monetary bids. Bidders that can demonstrate that they have executed a Community Benefits Agreement (CBA) meeting the criteria described below would be eligible for the credit. In other lease sales, BOEM has recognized credits for bidders who could demonstrate that they had executed a Joint Development Agreement (ATLW-1) or a Power Purchase Agreement (ATLW-1, 3, 4, and 5). BOEM welcomes comments regarding whether recognition of CBAs in this lease sale is appropriate, whether BOEM should recognize one or more other nonmonetary factors in this lease sale, and if so, which ones and why. BOEM also welcomes comments on the amount of any proposed credit, including the 5% credit proposed for CBAs.

    Cap on Nonmonetary Credits: BOEM is considering adding a maximum dollar amount cap on the worth of the nonmonetary credit. The cap amount would be identified in the Final Sale Notice. Such a cap would allow BOEM to limit the worth of a nonmonetary credit in BOEM's sale. Commenters are encouraged to address whether a cap is appropriate, and if so, for which type of credit and at what amount.

    Lease Area Delineation: In this PSN, BOEM has proposed LAs that constitute the portions of the Massachusetts WEA that went unsold in ATLW-4 in 2015. This choice reflects the fact that these areas have already undergone BOEM's rigorous environmental and spatial use analyses and been the subject of substantial public comment. Nonetheless, BOEM seeks comment on whether the division of the remaining portions of the WEA remains appropriate and, if not, what alternate divisions (potentially creating more than two LAs) would be more appropriate and why. BOEM also seeks comment on whether (and, if so, how) it should increase the number of leases offered and/or redraw boundaries between or among the leases.

    Addition of Buffer Requirement: One of the proposed LAs abuts another BOEM-issued renewable energy lease. Each lessee is entitled to the full enjoyment of its lease, free from unreasonable interference from other lessees' activities. BOEM is particularly concerned about the potential for interference in the form of lease “oversail” (i.e., entry of wind turbine generator (WTG) blades into the airspace above an adjoining lease) or wake effects (i.e., a significant reduction in the wind resource entering a lease due to the close proximity of WTGs on an adjacent lease). To ensure fair and mutual enjoyment of adjacent leases, BOEM is considering imposing buffer requirements in its leases barring WTG construction within a certain distance of an adjacent lease. BOEM welcomes comment on (a) whether such a requirement is appropriate; (b) if so, what distance from the adjacent lease is reasonable; and (c) whether such a requirement, if appropriate, is best imposed at the leasing stage or a subsequent stage (such as plan approval).

    Deadlines and Milestones for Bidders: This section describes the major deadlines and milestones in the auction process from publication of this PSN to execution of leases pursuant to this proposed sale. This process is organized into five stages: (1) The PSN comment period; (2) from the end of PSN comment period to publication of the FSN; (3) the FSN waiting period; (4) conducting the auction; and (5) from the auction to Lease Execution.

    The PSN Comment Period:

    Submit Comments: The public is invited to submit comments during this 60-day period, which will expire on June 11, 2018.

    Public Seminar: BOEM will host a public seminar to discuss the lease sale process and the auction format. The time and place of the seminar will be announced by BOEM and published on the BOEM website at http://www.boem.gov/Massachusetts/. No registration or RSVP is required to attend.

    Submit Qualifications Materials: All qualifications materials must be received by BOEM by the end of the 60-day PSN comment period June 11, 2018. This includes materials sufficient to establish a company's legal, technical and financial qualifications pursuant to 30 CFR 585.106 and 585.107.

    End of PSN Comment Period to FSN Publication:

    Review Comments: BOEM will review all comments submitted in response to the PSN during the comment period.

    Finalize Qualifications Reviews: Prior to the publication of the FSN, BOEM will complete any outstanding reviews of bidder qualifications materials submitted during the PSN comment period. The final list of eligible bidders will be published in the FSN.

    Prepare the FSN: BOEM will prepare the FSN by updating information contained in the PSN where appropriate.

    Publish FSN: BOEM will publish the FSN in the Federal Register.

    FSN Waiting Period: During this period, qualified bidders must take several steps to remain eligible to participate in the auction.

    Bidder's Financial Form (BFF): BOEM must receive each qualified bidder's completed and signed BFF no later than the date listed in the FSN. Typically, this deadline is approximately 14 calendar days after publication of the FSN in the Federal Register. BOEM will consider extensions to this deadline only if BOEM determines that the failure to timely submit the BFF was caused by events beyond the bidder's control. Blank BFFs can be found at: http://www.boem.gov/Massachusetts/. Once the BFF has been processed, bidders may log into pay.gov and submit bid deposits (see next bullet). BOEM will only accept an originally executed paper copy of the BFF, and will not consider for this auction BFFs submitted for previous lease sales. The BFF must be executed by an authorized representative as shown on the bidder's legal qualifications. Each bidder is required to sign the self-certification in the BFF, in accordance with 18 U.S.C. 1001 (Fraud and False Statements).

    Bid Deposits: Each qualified bidder must submit a bid deposit of $450,000 no later than the date listed in the FSN. Typically, this deadline is approximately 30 calendar days after the publication of the FSN. BOEM will consider extensions to this deadline only if BOEM determines that the failure to timely submit the bid deposit was caused by events beyond the bidder's control.

    Nonmonetary Package: Each bidder must submit a nonmonetary package, if it is applying for a credit as described in the “Nonmonetary Auction Procedures” section of this notice. The due date for submission of the nonmonetary package is normally the same as the bid deposit deadline, approximately 30 calendar days after the publication of the FSN.

    Mock Auction: BOEM will hold a Mock Auction that is open only to qualified bidders who have met the requirements and deadlines for auction participation, including submission of the bid deposit. Final details of the Mock Auction will be provided in the FSN.

    Review of Nonmonetary Packages: Shortly before the monetary auction, the Nonmonetary Panel (the Panel) will meet to consider nonmonetary packages. The panel will send determinations of eligibility for nonmonetary credits to BOEM, which will inform each bidder by email whether or not they have been awarded a credit for use during the lease sale. BOEM will not publicly disclose which bidders, if any, were awarded nonmonetary credits until after the lease sale.

    Conducting the Auction: BOEM, through its contractor, will hold an auction as described in the FSN. The auction will take place no sooner than 30 days following publication of the FSN in the Federal Register. The estimated timeframes described in this PSN assume the auction will take place approximately 45 days after publication of the FSN. Final dates will be included in the FSN.

    Monetary Auction: The monetary auction will be conducted on the date specified in the FSN.

    Announce Provisional Winners: BOEM will announce the provisional winners of the lease sale after the auction ends.

    From Auction to Lease Execution: There are several steps between the conclusion of the auction and execution of the lease.

    Reconvene the Panel: The Panel will reconvene to verify auction results.

    Bid Deposit Refund: BOEM will refund the bid deposit of any bidder that did not win a lease. BOEM will provide a written explanation of why the bidder did not win.

    Department of Justice (DOJ) Review: The DOJ has 30 days in which to conduct an antitrust review of the auction in consultation with the Federal Trade Commission, pursuant to 43 U.S.C. 1337(c).

    Delivery of Leases: BOEM will send three lease copies to each winner, with instructions on how to sign the leases. The first year's rent is due 45 days after the winner receives the lease copies for execution.

    Return the Leases: Within 10 business days of receiving the lease copies, the auction winners must post financial assurance, pay any outstanding balance of their bonus bids (i.e., winning monetary bid amount minus bid deposit and any applicable nonmonetary credit), and sign and return the three signed lease copies.

    Execution of Leases: Once BOEM has received the signed lease copies and verified that it has received all other required materials, BOEM will execute the leases if appropriate.

    Area Offered for Leasing: The areas described for leasing in this PSN are the same as the two unsold LAs in the ATLW-4: Lease OCS-A 0502 and Lease OCS-A 0503. Lease OCS-A 0502 consists of 248,015 acres and Lease OCS-A 0503 consists of 140,554 acres. The total area is approximately 388,569 acres. A description of the LAs can be found in Addendum “A” of the proposed leases, which BOEM has made available with this notice on its website at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx.

    Map of the Area Offered for Leasing

    A map of the two proposed LAs and a table of the boundary coordinates in X, Y (eastings, northings) UTM Zone 18, NAD83 Datum and geographic X, Y (longitude, latitude), NAD83 Datum can be found at the following URL: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx.

    Delineation of the Leasing Areas

    In this notice, BOEM proposes to auction the two LAs previously offered in ATLW-4 as lease numbers OCS-A 0502 and OCS-A 0503. Prior to that sale, BOEM commissioned the Department of Energy's National Renewable Energy Laboratory (NREL) to develop a methodology for delineation of the Massachusetts WEA into four non-overlapping LAs for BOEM, two of which were sold in that sale. The delineation report is available on BOEM's website at http://www.nrel.gov/docs/fy14osti/60942.pdf.

    Withdrawal of Blocks: Interested parties should note that BOEM reserves the right to withdraw portions of the LAs prior to its execution of a lease based upon comments received in response to this PSN and other relevant information provided to the Bureau.

    Financial Terms and Conditions: This section provides an overview of the annual payments required of a lessee that are described in the proposed leases, and the financial assurance requirements that will be associated with each lease if it is awarded.

    Rent

    The first year's rent payment of $3 per acre for the entire LA is due within 45 days of the date the auction winner receives the lease for execution. Thereafter, annual rent payments are due on the anniversary of the Effective Date of the lease (i.e., the Lease Anniversary). Once commercial operations commence, rent will be charged on the remaining part of the lease not authorized for commercial operations, i.e., not generating electricity. However, instead of geographically dividing the LA into acreage that is “generating” and acreage that is “non-generating,” the fraction of the lease accruing rent is based on the fraction of the total nameplate capacity of the project that is not yet in operation. That fraction is calculated as the nameplate capacity (as defined herein) that is not yet authorized for commercial operations at the time payment is due, divided by the maximum nameplate capacity after full installation of the project, as defined in the COP. This fraction is then multiplied by the amount of rent that would be due for the Lessee's entire LA at the rental rate of $3 per acre, to obtain the annual rent due for a given year.

    For example, for a lease the size of 248,015 acres (the size of the LA OCS-A 0502), the amount of rent payment would be $744,045 per year if no portion of the leased area is authorized for commercial operations. If 500 megawatts (MW) of a project's nameplate capacity is operating (or authorized for operation), and its most recent approved COP specifies a maximum nameplate capacity of 1000 MW, the rent payment would be $372,023. For the above example, this would be calculated as follows: 500 MW/1000 MW × ($3/acre × 248,015 acres) = $372,023. BOEM requests comments on whether it would be appropriate to adjust the proposed annual rent to something other than $3 per acre.

    The Lessee also must pay rent for any project easement associated with the lease, commencing on the date that BOEM approves the COP (or COP modification) that describes the project easement. Annual rent for a project easement 200-feet wide and centered on the transmission cable is $70.00 per statute mile. For any additional acreage required, the Lessee must also pay the greater of $5.00 per acre per year or $450.00 per year.

    Operating Fee

    For the purposes of calculating the initial annual proposed operating fee payment, an operating fee rate is applied to a proxy for the wholesale market value of the electricity expected to be generated from the project during its first twelve months of operations. This initial payment is prorated to reflect the period between the commencement of commercial operations and the Lease Anniversary. The initial annual operating fee payment is due within 45 days of the commencement of commercial operations. Thereafter, subsequent annual operating fee payments are due on or before each Lease Anniversary. The subsequent annual operating fee payments are calculated by multiplying an operating fee rate by the imputed wholesale market value of the projected annual electric power production. For the purposes of this calculation, the imputed market value is the product of the project's annual nameplate capacity, the total number of hours in the year (8,760), a capacity factor, and the annual average price of electricity derived from a historical regional wholesale power price index. For example, an annual operating fee for a 100 MW wind facility operating at 40% capacity with a regional wholesale power price of $40/MWh under an operating fee rate of 0.02 (i.e., 2%) would be calculated as follows: 100 MW × 8,760 hours/year × 0.4 × $40/MWh power price × 0.02 = $280,320.

    Operating Fee Rate: BOEM is proposing a fixed operating fee rate of 0.02 (i.e., 2%) during the project's entire life of commercial operations. BOEM requests comments on whether it would be appropriate to adjust this rate.

    Nameplate Capacity: Nameplate capacity is the maximum rated electric output, expressed in MW that the turbines of the wind facility under commercial operations can produce at their rated wind speed as designated by the turbine's manufacturer. The nameplate capacity at the start of each year of commercial operations on the lease will be specified in the COP. For example, if a Lessee has 20 turbines under commercial operations rated by the design manufacturer at 5 MW of output each, the nameplate capacity of the wind facility at the rated wind speed of the turbines would be 100 MW.

    Capacity Factor: The capacity factor relates to the amount of energy delivered to the grid during a period of time compared to the amount of energy the wind facility would have produced at full capacity during that same period of time. This factor is represented as a decimal between zero and one. There are several reasons why the amount of power delivered is less than the theoretical 100% of capacity. For a wind facility, the capacity factor is mostly determined by the availability of wind. Transmission line loss and down time for maintenance or other purposes also affect the capacity factor.

    The capacity factor for the year in which the Commercial Operation Date occurs, and for the first six full years of commercial operations on the lease, is set to 0.4 (i.e., 40%). At the end of the sixth year, the capacity factor may be adjusted to reflect the performance over the previous five years based upon the actual metered electricity generation at the delivery point to the electrical grid. Similar adjustments to the capacity factor may be made once every five years thereafter. The maximum change in the capacity factor from one period to the next will be limited to plus or minus 10 percent of the previous period's value.

    Wholesale Power Price Index: The wholesale power price, expressed in dollars per MW-hour, is determined at the time each annual operating fee payment is due, based on the weighted average of the inflation-adjusted peak and off-peak spot price indices for the Northeast—Massachusetts Hub power market for the most recent year of data available. The wholesale power price is adjusted for inflation from the year associated with the published spot price indices to the year in which the operating fee is to be due based on the Lease Anniversary, using annual implicit price deflators as reported by the U.S. Department of Commerce Bureau of Economic Analysis.

    Financial Assurance

    Within 10 business days after receiving the lease copies, the provisional winner must provide an initial lease-specific bond or other approved means of meeting the Lessor's initial financial assurance requirements, in the amount of $100,000. BOEM will determine the amount of the SAP, COP, supplemental, and decommissioning financial assurance requirements on a case-by-case basis based on estimates of cost to meet all accrued lease obligations.

    The financial terms can be found in Addendum “B” of the proposed leases, which BOEM has made available with this notice on its website at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx.

    Place and Time: The auction will be held online. The time that the auction will be held will be published in the FSN. The date has not been finalized, but will be no earlier than 30 days after publication of the FSN in the Federal Register.

    Public Seminar: BOEM will host a public seminar to review the auction format, explain the auction rules, and demonstrate the auction process with potential bidders and other stakeholders. BOEM will announce the time and place of the seminar and published it on the BOEM website. No registration or RSVP will be required to attend.

    Mock Auction: BOEM will host a Mock Auction to educate qualified bidders about the procedures to be employed during the auction and to answer questions. The Mock Auction will take place between the publication of the FSN in the Federal Register and the date of the auction. Following publication of the FSN in the Federal Register, details of the Mock Auction will be distributed to those eligible to participate in the auction. All qualified bidders who intend to participate in the auction are strongly encouraged to participate in the Mock Auction. Bidders will be eligible to participate in the Mock Auction if they have been legally, technically and financially qualified to participate in the lease sale, and have submitted their bid deposit as described below.

    Bid Deposit: A bid deposit is an advance cash deposit submitted to BOEM in order to participate in the auction. No later than the deadline provided in the FSN, each bidder must have submitted a bid deposit of $450,000. Any bidder that fails to submit the bid deposit by the deadline described in the FSN may be disqualified from participating in the auction. Bid deposits will be accepted online via pay.gov. Following publication of the FSN, each bidder must fill out the BFF included in the FSN. BOEM has made a copy of the proposed BFF available with this notice on its website at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx. This form requests that each bidder designate an email address, which the bidder should use to create an account in pay.gov. After establishing the pay.gov account, bidders may use the Bid Deposit Form on the pay.gov website to leave a deposit.

    Following the auction, BOEM will apply bid deposits against any bonus bids or other obligations owed to BOEM. If the bid deposit exceeds a bidder's total financial obligation, BOEM will refund the balance of the bid deposit to the bidder. BOEM will fully refund bid deposits to unsuccessful bidders.

    Minimum Bid: BOEM proposes for this lease sale a minimum bid of $2 per acre for each LA. Therefore, the minimum acceptable bid will be $496,030 for Lease OCS-A 0502, and $281,108 for Lease OCS-A 0503.

    Lease Terms and Conditions: The proposed OCS commercial wind leases contain lease terms, conditions, and stipulations. BOEM reserves the right to add additional terms and conditions to any approval of a SAP and/or COP. The proposed leases, including Addendum “C,” are available on BOEM's website at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx. Each proposed lease includes the following seven attachments:

    • Addendum “A” (Description of Leased Area and Lease Activities);

    • Addendum “B” (Lease Term and Financial Schedule);

    • Addendum “C” (Lease Specific Terms, Conditions, and Stipulations);

    • Addendum “D” (Project Easement);

    • Addendum “E” (Rent Schedule);

    • Appendix A to Addendum “C”: (Incident Report: Protected Species Injury or Mortality); and

    • Appendix B to Addendum “C”: (Required Data Elements for Protected Species Observer Reports).

    Addenda “A,” “B,” and “C” provide detailed descriptions of lease terms and conditions. Addenda “D” and “E” will be completed at the time of COP approval.

    After considering comments on the PSN and proposed leases, BOEM will publish final lease terms and conditions in the FSN.

    Required Plans for Potential Development of Executed Leases

    Pursuant to 30 CFR 585.601, the leaseholder must submit a SAP within 12 months of lease issuance. If the leaseholder intends to continue its commercial lease with an operations term, the leaseholder must submit a COP at least 6 months before the end of the site assessment term.

    Qualifications—Who May Bid: As stated above, within the 60-day comment period for this PSN, entities that were qualified to bid in the January 29, 2015, Massachusetts lease sale (ATLW-4) must affirm their interest in bidding in this lease sale (ATLW-4a), notify BOEM of any adverse material changes to their financial and/or technical qualifications, including bankruptcies, and provide any updates to your legal qualifications card. Entities that have been qualified due to submission of unsolicited lease requests in the area since ATLW-4 do not need to resubmit qualifications materials. All other entities wishing to bid in this lease sale must submit a complete set of qualifications materials by the end of the 60-day comment period of this PSN. To be eligible to participate in the auction, each potential bidder must be found by BOEM to be legally, technically and financially qualified under BOEM's regulations at 30 CFR 585.106-107 by the time the FSN for this sale is published. Please note that technical and financial qualifications are lease-specific; it is not sufficient to have been technically and financially qualified to participate in a prior lease sale.

    Guidelines on BOEM's qualifications requirements can be found at: http://www.boem.gov/Renewable-Energy-Program/Regulatory-Information/QualificationGuidelines-pdf.aspx. You must provide any qualifications documentation in both paper and electronic formats. BOEM considers an Adobe PDF file stored on a storage media device to be an acceptable format for submitting an electronic copy.

    Because it may take several weeks for BOEM to assess a potential bidder's legal, technical, and financial qualifications, BOEM advises potential bidders who plan to participate in a sale to submit their qualifications materials promptly. It is not uncommon for BOEM to request additional materials establishing qualifications following an initial review of the qualifications package. BOEM cannot determine a potential bidder to be qualified without a complete qualification package. Potential bidders whom BOEM has not qualified before publication of the FSN will not be allowed to participate in the proposed sale.

    Auction Procedures Multiple-Factor Bidding

    As authorized under 30 CFR 585.220(a)(4) and 585.221(a)(6), BOEM proposes that this sale employ a multiple-factor auction format with a multiple-factor bidding system. Each bidder may bid on only one LA at a time, and can win at most one of the two LAs offered in this sale. BOEM proposes to balance consideration of two variables in determining the outcome of this auction: (1) A cash bid, and (2) a nonmonetary credit for bidders that have entered into a CBA as described below.

    5% Nonmonetary Credit for Community Benefits Agreements

    BOEM proposes to offer a 5% nonmonetary credit in this lease sale for bidders who have executed one or more CBAs meeting the criteria established in the FSN and proposed below. If a bidder is found to be eligible for a nonmonetary credit, the credit would be 5% of the asking price. The cash bid would make up that portion of the bid not covered by the nonmonetary credit. Summed together, these two variables comprise the “As-Bid” price. The effect of possessing a nonmonetary credit of 5% would be to receive a 5% discount on the asking price.

    BOEM must receive a bidder's nonmonetary package no later than the due date listed in the FSN, containing a copy of the executed CBA and any additional explanation of the contents and purported benefits of the agreement that the bidder believes would be helpful for BOEM. The submitting bidder may designate confidential business information in its submittal pursuant to process described below.

    A BOEM-designated panel will evaluate bidders' nonmonetary packages to determine whether each bidder is eligible for a nonmonetary credit applicable to the asking price in each round of the auction. It is possible that multiple or all bidders could qualify for nonmonetary credits. Bidders will be informed by email before the monetary auction whether they have been deemed eligible for a nonmonetary credit. BOEM will not disclose until after the lease sale which other bidders, if any, were determined to be eligible for a nonmonetary credit.

    Community Benefits Agreement (CBA). In order for a nonmonetary package to qualify for a 5% credit in this auction, the BOEM-appointed panel must answer “yes” to the following questions regarding the CBA:

    1. Is there a legally binding contract?

    2. Is the contract between the bidder and one or more community-based organizations (CBO)?

    3. Has the bidder committed to provide specified community benefits?

    4. Has the CBO committed in specific ways to support the project in the governmental approval process?

    A community-based organization (CBO) is defined as: A legally incorporated organization whose membership includes residents or property owners of a community within the potentially affected region, the local government of the community, or an entity created or managed by the local government(s) of the community or communities.

    Monetary Auction Procedures

    Using an online bidding system to host the auction, BOEM will start the bidding for lease OCS-A 0502 at $496,030, and for lease OCS-A 0503 at $281,108. BOEM will increase those prices incrementally until only one active bidder remains in the auction for each LA. BOEM proposes that no bidder in the auction be permitted to win both LAs.

    The auction will be conducted in a series of rounds. At the start of each round, BOEM will state an asking price for each LA. If a bidder is willing to meet the asking price for one of the LAs, it will indicate its intent by submitting a bid equal to the asking price. A bid at the full asking price is referred to in this notice as a “live bid.” To participate in the next round of the auction, a bidder must submit a live bid for one of the LAs in each previous round. As long as there are two or more live bids for at least one LA, the auction moves to the next round. BOEM will raise the asking price for each LA by an increment determined by BOEM. Asking price increments will be determined based on a number of factors, including (but not necessarily limited to) the expected time needed to conduct the auction, and the number of rounds that have already occurred. BOEM reserves the right to increase or decrease bidding increments as appropriate.

    A bidder may switch its live bid from one LA to the other in the current round only if its bid from the previous round was contested—e.g., a bidder cannot switch from OCS-A 0502 to OCS-A 0503 unless there was at least one other bid for OCS-A 0502 in the last round. If the bid was not contested in the previous round, the bidder cannot switch LAs, and its previous round bid will be carried forward to the next round. If another bidder places a live bid on OCS-A 0502 later in the auction, BOEM will stop automatically carrying forward the previously uncontested bid on that LA. The bidder that placed the previously carried forward bid is then free to bid on either LA in the next round at the new asking prices. A bidder remains eligible to participate in the auction if it has submitted a live bid in the prior round, or has a previously uncontested live bid carried forward by BOEM to the current round. As discussed below, if a bidder decides to stop bidding further when its bid is contested, there are still circumstances in which the bidder could win (e.g., if the winning bid is disqualified at the award stage of the auction). If this happens, the bidder may be bound by its bid and thus obligated to pay the full bid amount

    Between rounds, BOEM would disclose to all bidders who submitted bids in the first round of the auction: (1) The number of live bids for each LA in the previous round of the auction (i.e., the level of demand); and (2) the asking price for each LA in the upcoming round of the auction.

    A bidder is only eligible to continue bidding in the auction if it has submitted a live bid in the previous round. In any round after the first round, however, a bidder may submit an “exit bid,” also known as an “intra-round bid.” An exit bid is a bid that is higher than the previous round's asking price, submitted for the sale LA as the bidder's contested live bid in the previous round, but less than the current round's asking price. An exit bid is not a live bid, and it represents the final bid that a bidder may submit in the auction. During the auction, the exit bid can only be seen by BOEM, and not by other bidders.

    A LA with only exit bids in a given round will not have its asking price raised in the next round. As soon as both LAs have one or zero live bids, the auction is over, regardless of the number of exit bids on each area.

    After the bidding ends, BOEM would determine the provisionally winning bids for each LA. The provisionally winning bid for a LA would be the highest bid (live bid or exit bid) received for that LA, except that no bidder may win both LAs. Regardless of whether a provisionally winning bid is a live bid or an exit bid, BOEM would apply any nonmonetary credits in the same way. The award procedures described here could result in a tie, for example if two bidders submit identical high exit bids, or prior round live bids for the same LA. In such cases, BOEM would resolve the tie by randomized means. If the procedures described herein would result in the award of both LAs to the same bidder, BOEM would accept only the most recent bid submitted by that bidder and would award the other LA to the next highest bidder.

    Provisional winners may be disqualified if they are subsequently found to have violated auction rules or otherwise engaged in conduct detrimental to the integrity of the competitive auction. If a bidder submits a bid that BOEM determines to be a provisionally winning bid, the bidder would be expected to sign the applicable lease documents, establish financial assurance, and submit the cash balance of its bid (i.e., winning bid amount minus the bid deposit and any applicable nonmonetary credit) within 10 business days of receiving the lease copies, pursuant to 30 CFR 585.224. BOEM reserves the right not to issue the lease to the provisionally winning bidder if that bidder fails to timely sign and pay for the lease or otherwise comply with applicable regulations or the terms of the FSN. In that case, the bidder would forfeit its bid deposit. BOEM may consider failure of a bidder to timely pay the full amount due an indication that the bidder may no longer be financially qualified to participate in other lease sales under BOEM's regulations at 30 CFR 585.106 and 585.107.

    Additional Information Regarding the Auction Format Bidder Authentication

    Prior to the auction, the Auction Manager will send several bidder authentication packages to each bidder shortly after BOEM has processed the BFFs. One package will contain tokens for each authorized individual. Tokens are digital authentication devices. The tokens will be mailed to the Primary Point of Contact indicated on the BFF. This individual is responsible for distributing the tokens to the individuals authorized to bid for that company. For bidders with authorized individuals in more than one country, tokens may be sent directly to authorized individuals rather than to the Primary Point of Contact. Bidders are to ensure that each token is returned within three business days following the auction. An addressed, stamped envelope will be provided to facilitate this process. In the event that a bidder fails to submit a BFF or a bid deposit, or does not participate in the auction, BOEM will de-activate that bidder's token and login information, and the bidder will be asked to return its tokens.

    The second package will contain login credentials for authorized bidders. The login credentials will be mailed to the address provided in the BFF for each authorized individual. Bidders can confirm these addresses by calling (703) 787-1300. This package will contain user login information and instructions for accessing the Auction System Technical Supplement and Alternative Bidding Form. The login information, along with the tokens, will be tested during the Mock Auction.

    Monetary Auction Times

    BOEM will provide specific information regarding when the bidders can enter the auction system and the auction start time in the FSN. Additional information will be made available in an Auction System Technical Supplement, which will be posted on BOEM's website prior to the auction.

    BOEM and the auction contractors will use the auction platform messaging service to keep bidders informed on issues of interest during the auction. For example, BOEM may change the schedule at any time, including during the auction. If BOEM changes the schedule during the auction, it will use the messaging feature to notify bidders that a revision has been made and direct bidders to the relevant page. BOEM will also use the messaging system for other changes and items of particular note during the auction. The auction schedule and asking price increments are in BOEM's discretion, and are subject to change at any time before or during the auction.

    During the auction, bidders may place bids at any time during the round. At the top of the bidding page, a countdown clock will show how much time remains in the round. Bidders have until the scheduled time to place bids. Bidders should place bids according to the procedures described in the Auction System Technical Supplement, and as practiced at the Mock Auction. No information about the round is available until the round has closed and results have been posted, so there should be no strategic advantage to placing bids early or late in the round.

    Prohibition on Communications Among Bidders During Auction

    During the auction, bidders are prohibited from communicating with each other regarding their participation in the auction. Additionally, during the auction, bidders are prohibited from communicating to the general public regarding any aspect of their participation or lack thereof in the auction, including, but not limited to, through social media, updated websites, or press releases. Federal antitrust law may impose further restrictions on communications between bidders above and beyond the restrictions described in this section.

    Alternate Bidding Procedures

    Alternate Bidding Procedures enable a bidder who is having difficulties accessing the internet to submit its bid via fax using an Alternate Bidding Form available on BOEM's website at: http://www.boem.gov/Massachusetts/.

    In order to be authorized to use an Alternative Bidding Form, a bidder must call the help desk number listed in the Auction Manual before the end of the round. BOEM will authenticate the caller to ensure he/she is authorized to bid on behalf of the company. The bidder must explain the reasons for which he/she cannot place a bid using the online bidding platform. BOEM may, in its sole discretion, permit or refuse to accept a request for the placement of a bid using the Alternate Bidding Procedures. If bidders need to submit an Alternate Bidding Form, they are strongly encouraged to do so before the round ends.

    Rejection or Non-Acceptance of Bids: BOEM reserves the right and authority to reject any and all bids that do not satisfy the requirements and rules of the proposed auction, the FSN, or applicable regulations and statutes.

    Process for Issuing the Leases

    Once all post-auction reviews have been completed to BOEM's satisfaction, BOEM will issue three unsigned copies of the lease to the provisionally winning bidder. Within 10 business days after receiving the lease copies, the provisionally winning bidder must:

    1. Sign the lease on the bidder's behalf;

    2. File financial assurance, as required under 30 CFR 585.515 through 585.537; and

    3. Pay by electronic funds transfer (EFT) the balance (if any) of the bonus bid (winning bid less the bid deposit). BOEM requires bidders to use EFT procedures (not pay.gov, the website bidders used to submit bid deposits) for payment of the balance of the bonus bid, following the detailed instructions contained in the “Instructions for Making Electronic Payments” available on BOEM's website at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx.

    BOEM will not execute a lease until the three requirements above have been satisfied, BOEM has accepted the provisionally winning bidder's financial assurance pursuant to 30 CFR 585.515, and BOEM has processed the provisionally winning bidder's payment.

    If BOEM determines the delay was caused by events beyond the provisional winning bidder's control, BOEM may extend the ten business day deadline for executing the lease on the bidder's behalf, filing the required financial assurance, and/or paying the balance of the bonus bid.

    If the provisionally winning bidder does not meet these requirements or otherwise fails to comply with applicable regulations or the terms of the FSN, BOEM reserves the right to not issue the lease to that bidder. In such a case, the provisionally winning bidder will forfeit its bid deposit.

    Within 45 days of the date that the provisionally winning bidder receives copies of the lease, it must pay the first year's rent using the pay.gov Renewable Energy Initial Rental Payment form, available at: https://pay.gov/paygov/forms/formInstance.html?agencyFormId=27797604. Subsequent annual rent payments must be made following the detailed instructions contained in the “Instructions for Making Electronic Payments,” available on BOEM's website at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx.

    Anti-Competitive Behavior: In addition to the auction rules described in this notice, bidding behavior is governed by Federal antitrust laws designed to prevent anticompetitive behavior in the marketplace. Compliance with BOEM's auction procedures will not insulate a party from enforcement of antitrust laws.

    Accordingly, following the auction, and before the acceptance of bids and the issuance of leases, BOEM will “allow the Attorney General, in consultation with the Federal Trade Commission, thirty days to review the results of the lease sale.” 43 U.S.C. 1337(c). If a bidder is found to have engaged in anti-competitive behavior or otherwise violated BOEM's rules in connection with its participation in the competitive bidding process, BOEM may reject the high bid.

    Anti-competitive practices may include, but are not limited to:

    • An agreement, either express or tacit, among bidders to not bid in an auction, or to bid a particular price;

    • An agreement among bidders not to bid for a particular LA;

    • An agreement among bidders not to bid against each other; and

    • Other agreements among bidders that may affect the final auction price.

    BOEM may decline to award a lease if, pursuant to the OCS Lands Act (43 U.S.C. 1337(c)), it is determined by the Attorney General in consultation with the Federal Trade Commission that doing so would be inconsistent with antitrust laws.

    For more information on whether specific communications or agreements could constitute a violation of Federal antitrust law, please see: http://www.justice.gov/atr/public/business-resources.html, or consult counsel.

    Bidder's Financial Form Certification: Each bidder is required to sign the self-certification, in accordance with 18 U.S.C. 1001 (Fraud and False Statements) in the Bidder's Financial Form, which can be found on BOEM's website at: http://www.boem.gov/Renewable-Energy-Program/State-Activities/Massachusetts.aspx. The form must be filled out and returned to BOEM in accordance with the “Deadlines and Milestones for Bidders” section of this notice.

    Non-Procurement Debarment and Suspension Regulations: Pursuant to regulations at 43 CFR part 42, subpart C, an OCS renewable energy Lessee must comply with the U.S. Department of the Interior's non-procurement debarment and suspension regulations at 2 CFR parts 180 and 1400 and agree to communicate the requirement to comply with these regulations to persons with whom the Lessee does business as it relates to this lease by including this term as a condition in their contracts and other transactions.

    Final Sale Notice: BOEM will consider comments received or postmarked during the PSN comment period in preparing a FSN that will provide the final details concerning the offering and issuance of OCS commercial wind energy leases in the Massachusetts WEA. The FSN will be published in the Federal Register at least 30 days before the lease sale is conducted and will provide the date and time of the auction.

    Force Majeure: The Program Manager of BOEM's Office of Renewable Energy Programs has the discretion to change any date, time, and/or location specified in the FSN in case of a force majeure event that the Program Manager deems may interfere with a fair and proper lease sale process. Such events may include, but are not limited to, natural disasters (e.g., earthquakes, hurricanes, floods), wars, riots, acts of terrorism, fire, strikes, civil disorder, or other events of a similar nature. In case of such events, bidders should call (703) 787-1300 or access the BOEM website at: http://www.boem.gov/Renewable-Energy-Program/index.aspx.

    Appeals: The appeals procedures are provided in BOEM's regulations at 30 CFR 585.225 and 585.118(c). Pursuant to 30 CFR 585.225,

    • If BOEM rejects your bid, BOEM will provide a written statement of the reasons and refund any money deposited with your bid, without interest.

    • You will then be able to ask the BOEM Director for reconsideration, in writing, within 15 business days of bid rejection, under 30 CFR 585.118(c)(1). BOEM will send you a written response either affirming or reversing the rejection.

    The procedures for appealing final decisions with respect to lease sales are described in 30 CFR 585.118(c).

    Personal Identifying Information

    BOEM does not consider anonymous comments: Please include your name and address as part of your submittal. You should be aware that your entire comment, including your name, address, and your personal identifying information (PII), may be made publicly available at any time. All submissions from identified individuals, businesses and organizations will be available for public viewing on regulations.gov.

    In order for BOEM to withhold from disclosure your PII, you must identify any information contained in the submittal of your comments that, if released, would constitute a clearly unwarranted invasion of your personal privacy. You must also briefly describe any possible harmful consequence(s) of the disclosure of information, such as embarrassment, injury or other harm.

    Protection of Privileged or Confidential Information

    BOEM will protect privileged or confidential information that is submitted as required by the Freedom of Information Act (FOIA). Exemption 4 of FOIA applies to trade secrets and commercial or financial information that is privileged or confidential. If you wish to protect the confidentiality of such information, clearly mark it and request that BOEM treat it as confidential. BOEM will not disclose such information, except as required by FOIA. Please label privileged or confidential information “Contains Confidential Information” and consider submitting such information as a separate attachment.

    However, BOEM will not treat as confidential any aggregate summaries of such information or comments not containing such information. Additionally, BOEM may not treat as confidential the legal title of the commenting entity (e.g., the name of a company). Information that is not labeled as privileged or confidential will be regarded by BOEM as suitable for public release.

    Section 304 of the National Historic Preservation Act (16 U.S.C. 470w-3(a))

    BOEM is required, after consultation with the Secretary of the Department of the Interior, to withhold the location, character, or ownership of historic resources if it determines that disclosure may, among other things, cause a significant invasion of privac