Federal Register Vol. 83, No.89,

Federal Register Volume 83, Issue 89 (May 8, 2018)

Page Range20707-21164
FR Document

83_FR_89
Current View
Page and SubjectPDF
83 FR 20738 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Immigration and Customs Enforcement-007 Criminal History and Immigration Verification (CHIVe) System of RecordsPDF
83 FR 20872 - Temporary Emergency Committee of the Board of Governors; Sunshine Act MeetingPDF
83 FR 20844 - Privacy Act of 1974; System of RecordsPDF
83 FR 20715 - Establishment of a White House Faith and Opportunity InitiativePDF
83 FR 20713 - National Day of Prayer, 2018PDF
83 FR 20711 - Presidential Determination on the Proposed Agreement Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland for Cooperation in Peaceful Uses of Nuclear EnergyPDF
83 FR 20709 - Presidential Determination on the Proposed Agreement Between the Government of the United States of America and the Government of the United Mexican States for Cooperation in Peaceful Uses of Nuclear EnergyPDF
83 FR 20707 - Eligibility of the Organisation Conjointe de Cooperation en Matiere d'Armement To Receive Defense Articles and Defense Services Under the Foreign Assistance Act of 1961, as Amended, and the Arms Export Control Act, as AmendedPDF
83 FR 20909 - Sunshine Act Meeting NoticePDF
83 FR 20909 - Notice of Final Federal Agency Actions on Interstate 95 in the City of Fredericksburg and the Counties of Spotsylvania, Stafford, Prince William, and Fairfax, VirginiaPDF
83 FR 20873 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Certificate of Incorporation of Its Parent Company NYSE Group, Inc.PDF
83 FR 20855 - Earth Science Advisory Committee; MeetingPDF
83 FR 20852 - Indian Gaming; Tribal-State Class III Gaming Compact Taking Effect in the State of ArizonaPDF
83 FR 20796 - Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public MeetingsPDF
83 FR 20795 - Fisheries of the Caribbean; Southeast Data, Assessment, and Review (SEDAR); Public MeetingPDF
83 FR 20794 - Western Pacific Fishery Management Council; Public MeetingPDF
83 FR 20796 - New England Fishery Management Council; Public MeetingPDF
83 FR 20793 - New England Fishery Management Council; Public MeetingPDF
83 FR 20831 - Hoopa Valley Tribe; Amendment No. 1 to Notice of a Major Disaster DeclarationPDF
83 FR 20829 - Ohio; Major Disaster and Related DeterminationsPDF
83 FR 20733 - Safety Zone; Appomattox FPS, Mississippi Canyon 437, Outer Continental Shelf on the Gulf of MexicoPDF
83 FR 20843 - Proposed Flood Hazard DeterminationsPDF
83 FR 20834 - Proposed Flood Hazard DeterminationsPDF
83 FR 20839 - Proposed Flood Hazard DeterminationsPDF
83 FR 20812 - Notice of EPA Workshop on EPA Fuels Regulatory StreamliningPDF
83 FR 20830 - Proposed Flood Hazard DeterminationsPDF
83 FR 20844 - Resighini Rancheria; Amendment No. 2 to Notice of a Major Disaster DeclarationPDF
83 FR 20809 - Notification of a Public Teleconference of the Science Advisory Board Chemical Assessment Advisory Committee Augmented for the Review of EPA's draft Ethyl Tertiary Butyl Ether (ETBE) and tert-Butyl Alcohol (tert-butanol; tBA) AssessmentsPDF
83 FR 20911 - Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Registration of Mortgage Loan OriginatorsPDF
83 FR 20850 - 60 Day Notice of Proposed Information Collection; Production of Material or Provision of Testimony by HUD in Response to Demands in Legal Proceedings Among Private LitigantsPDF
83 FR 20818 - Pesticide Experimental Use Permit; Receipt of Application; Reopening of Comment PeriodPDF
83 FR 20851 - 30-Day Notice of Proposed Information Collection: Self-Help Homeownership Opportunity Program (SHOP)PDF
83 FR 20827 - Changes in Flood Hazard DeterminationsPDF
83 FR 20812 - Agency Information Collection Activities; Proposed Renewal of an Existing Collection; Comment RequestPDF
83 FR 20825 - Final Flood Hazard DeterminationsPDF
83 FR 20811 - Agency Information Collection Activities; Proposed Collection; Comment Request; Land Disposal Restrictions (Renewal)PDF
83 FR 20817 - Agency Information Collection Activities; Proposed Collection; Comment Request; State Program Adequacy Determination (Renewal)PDF
83 FR 20810 - Agency Information Collection Activities; Proposed Collection; Comment Request; Final Authorization for Hazardous Waste Management Programs (Renewal)PDF
83 FR 20856 - Earth Science Advisory Committee; MeetingPDF
83 FR 20773 - Montana Regulatory ProgramPDF
83 FR 20774 - Pennsylvania Regulatory ProgramPDF
83 FR 20790 - Submission for OMB Review; Comment RequestPDF
83 FR 20901 - Self-Regulatory Organizations; NYSE National, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Certificate of Incorporation of Its Parent Company NYSE Group, Inc.PDF
83 FR 20899 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Certificate of Incorporation of Its Parent Company NYSE Group, Inc.PDF
83 FR 20904 - Self-Regulatory Organizations; NYSE American LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Certificate of Incorporation of Its Parent Company NYSE Group, Inc.PDF
83 FR 20790 - Proposed Information Collection; Comment Request; Current Population Survey, Annual Social and Economic SupplementPDF
83 FR 20798 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Demonstration Grants for Indian Children Application (1894-0001)PDF
83 FR 20929 - National Research Advisory Council (NRAC); Notice of MeetingPDF
83 FR 20792 - Approval of Expansion of Subzone 98D; Hyster-Yale Group, Inc.; Sulligent, AlabamaPDF
83 FR 20791 - Approval of Subzone Status; Brose Tuscaloosa, Inc. Vance, AlabamaPDF
83 FR 20819 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
83 FR 20819 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
83 FR 20792 - Carton-Closing Staples From the People's Republic of China: Antidumping Duty OrderPDF
83 FR 20791 - Approval of Subzone Status; CEVA Freight LLC; Mount Juliet and Lebanon, TennesseePDF
83 FR 20797 - Charter Renewal of Department of Defense Federal Advisory CommitteesPDF
83 FR 20799 - Combined Notice of FilingsPDF
83 FR 20809 - Combined Notice of Filings #2PDF
83 FR 20801 - Combined Notice of Filings #1PDF
83 FR 20852 - Agency Information Collection Activities; Donor Certification FormPDF
83 FR 20819 - Notice of MeetingsPDF
83 FR 20751 - Airworthiness Directives; Airbus HelicoptersPDF
83 FR 20853 - William R. Montiel, M.D.; Decision and OrderPDF
83 FR 20735 - Special Monthly Compensation for Veterans With Traumatic Brain InjuryPDF
83 FR 20748 - Airworthiness Directives; ATR-GIE Avions de Transport Régional AirplanesPDF
83 FR 20745 - Airworthiness Directives; Bombardier, Inc., AirplanesPDF
83 FR 20743 - Airworthiness Directives; Airbus AirplanesPDF
83 FR 20731 - Menu Labeling: Supplemental Guidance for Industry; AvailabilityPDF
83 FR 20930 - Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board Notice of Meetings AmendedPDF
83 FR 20910 - Agency Information Collection Activity under OMB ReviewPDF
83 FR 20818 - Notice of Termination of ReceivershipPDF
83 FR 20753 - Auditor Independence With Respect to Certain Loans or Debtor-Creditor RelationshipsPDF
83 FR 20804 - Rover Pipeline LLC; Notice of Intent To Prepare an Environmental Assessment for the Proposed UGS-Crawford Meter Station Project, and Request for Comments on Environmental IssuesPDF
83 FR 20802 - Adelphia Gateway, LLC; Notice of Intent to Prepare an Environmental Assessment for the Proposed Adelphia Gateway Project, Request for Comments on Environmental Issues, and Notice of Public Scoping SessionsPDF
83 FR 20806 - Sierrita Gas Pipeline LLC; Notice of Schedule for Environmental Review of the Sierrita Compressor Expansion ProjectPDF
83 FR 20806 - Oncor Electric Delivery Company LLC; Notice of FilingPDF
83 FR 20799 - Oncor Electric Delivery Company LLC; Notice of FilingPDF
83 FR 20807 - Oncor Electric Delivery Company LLC; Notice of FilingPDF
83 FR 20808 - Portland Natural Gas Transmission System; Notice of ApplicationPDF
83 FR 20800 - RH energytrans, LLC; Notice of Schedule for Environmental Review of the Risberg Line ProjectPDF
83 FR 20820 - Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP)-RFA-CE-18-003; CorrectionPDF
83 FR 20914 - Quarterly Publication of Individuals, Who Have Chosen To Expatriate, as Required by Section 6039GPDF
83 FR 20913 - Open Meeting of the Taxpayer Advocacy Panel Joint CommitteePDF
83 FR 20914 - Open Meeting of the Taxpayer Advocacy Panel Joint CommitteePDF
83 FR 20913 - Open Meeting of the Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project CommitteePDF
83 FR 20914 - Open Meeting of the Taxpayer Advocacy Panel Special Projects CommitteePDF
83 FR 20929 - Open Meeting of the Taxpayer Advocacy Panel Notices and Correspondence Project CommitteePDF
83 FR 20872 - Agency Forms Submitted for OMB Review, Request for CommentsPDF
83 FR 20912 - Open Meeting of the Taxpayer Advocacy Panel Toll-Free Phone Line Project CommitteePDF
83 FR 20834 - West Virginia; Major Disaster and Related DeterminationsPDF
83 FR 20820 - Changes in Flood Hazard DeterminationsPDF
83 FR 20831 - Changes in Flood Hazard DeterminationsPDF
83 FR 20836 - Changes in Flood Hazard DeterminationsPDF
83 FR 20875 - Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend ISE Rules 412, Position Limits, and 414, Exercise LimitsPDF
83 FR 20889 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Implementation Date of Certain Amendments to FINRA Rule 4210 Approved Pursuant to SR-FINRA-2015-036PDF
83 FR 20906 - Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to FINRA Rule 3310 to Conform FINRA Rule 3310 to FinCEN's Final Rule on Customer Due Diligence Requirements for Financial InstitutionsPDF
83 FR 20882 - Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing of Proposed Rule Change To Amend the Fee Structure of the Government Securities Division RulebookPDF
83 FR 20892 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing of a Proposed Rule Change To List and Trade Shares of the Principal Morley Short Duration Index ETF Under Rule 14.11(c)(4)PDF
83 FR 20891 - Proposed Collection; Comment RequestPDF
83 FR 20898 - Proposed Collection; Comment RequestPDF
83 FR 20840 - Changes in Flood Hazard DeterminationsPDF
83 FR 20797 - Department of Defense Military Family Readiness Council; Notice of Federal Advisory Committee MeetingPDF
83 FR 20858 - Relocation of Regulatory Issue Summary Notices in the Federal RegisterPDF
83 FR 20857 - Notice of Information CollectionPDF
83 FR 20856 - Notice of Information CollectionPDF
83 FR 20788 - Child Nutrition Programs: Income Eligibility GuidelinesPDF
83 FR 20787 - Information Collection; United States Warehouse Act (USWA)PDF
83 FR 20789 - Lick Creek Watershed, Russell, Dickenson and Wise Counties, VirginiaPDF
83 FR 20855 - Notice of Information CollectionPDF
83 FR 20775 - Amendments to Federal Implementation Plan for Managing Air Emissions From True Minor Sources in Indian Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural Gas SectorPDF
83 FR 20719 - Airworthiness Directives; Textron Aviation Inc. AirplanesPDF
83 FR 20740 - Airworthiness Directives; Learjet, Inc. AirplanesPDF
83 FR 20725 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
83 FR 20728 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
83 FR 21140 - Rules of General Application, Adjudication and EnforcementPDF
83 FR 20858 - Biweekly Notice; Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving No Significant Hazards ConsiderationsPDF
83 FR 21104 - Medicare Program; FY 2019 Inpatient Psychiatric Facilities Prospective Payment System and Quality Reporting Updates for Fiscal Year Beginning October 1, 2018 (FY 2019)PDF
83 FR 21018 - Medicare Program; Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities (SNF) Proposed Rule for FY 2019, SNF Value-Based Purchasing Program, and SNF Quality Reporting ProgramPDF
83 FR 20813 - Thirty-Third Update of the Federal Agency Hazardous Waste Compliance DocketPDF
83 FR 20972 - Medicare Program; Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2019PDF
83 FR 20934 - Medicare Program; FY 2019 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting RequirementsPDF
83 FR 20866 - Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards InformationPDF

Issue

83 89 Tuesday, May 8, 2018 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Meetings: Subcommittees, 20819-20820 2018-09744 Agriculture Agriculture Department See

Food and Nutrition Service

See

Natural Resources Conservation Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: United States Warehouse Act, 20787-20788 2018-09678
Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Current Population Survey, Annual Social and Economic Supplement, 20790 2018-09762 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel; Correction, 20820 2018-09710 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: FY 2019 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements, 20934-20970 2018-08773 FY 2019 Inpatient Psychiatric Facilities Prospective Payment System and Quality Reporting Updates for Fiscal Year Beginning October 1, 2018 (FY 2019), 21104-21138 2018-09069 Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2019, 20972-21015 2018-08961 Prospective Payment System and Consolidated Billing for Skilled Nursing Facilities (SNF) Proposed Rule for FY 2019, SNF Value-Based Purchasing Program, and SNF Quality Reporting Program, 21018-21101 2018-09015 Coast Guard Coast Guard RULES Safety Zones: Appomattox FPS, Mississippi Canyon 437, Outer Continental Shelf on Gulf of Mexico, 20733-20735 2018-09789 Commerce Commerce Department See

Census Bureau

See

Foreign-Trade Zones Board

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20790-20791 2018-09766
Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Registration of Mortgage Loan Originators, 20911-20912 2018-09779 Defense Department Defense Department NOTICES Charter Renewals: Advisory Committees, 20797 2018-09752 Meetings: Department of Defense Military Family Readiness Council, 20797-20798 2018-09688 Drug Drug Enforcement Administration NOTICES Decisions and Orders: William R. Montiel, M.D., 20853-20855 2018-09738 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Demonstration Grants for Indian Children Application, 20798-20799 2018-09761 Energy Department Energy Department See

Federal Energy Regulatory Commission

Environmental Protection Environmental Protection Agency PROPOSED RULES Federal Implementation Plan; Amendments: Managing Air Emissions from True Minor Sources in Indian Country in Oil and Natural Gas Production and Natural Gas Processing Segments of Oil and Natural Gas Sector, 20775-20786 2018-09652 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20812-20813 2018-09774 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Final Authorization for Hazardous Waste Management Programs (Renewal), 20810-20811 2018-09770 Land Disposal Restrictions (Renewal), 20811-20812 2018-09772 State Program Adequacy Determination, 20817-20818 2018-09771 Meetings: EPA Fuels Regulatory Streamlining; Workshop, 20812 2018-09783 Science Advisory Board Chemical Assessment Advisory Committee Augmented for Review of EPA's draft Ethyl Tertiary Butyl Ether and tert-Butyl Alcohol (tert-butanol; tBA) Assessments; Teleconference, 20809-20810 2018-09780 Pesticide Experimental Use Permits; Applications: Oxitec, Ltd., 20818 2018-09777 Thirty-third Update of Federal Agency Hazardous Waste Compliance Docket, 20813-20817 2018-08971 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Textron Aviation Inc. Airplanes, 20719-20725 2018-09601 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 20725-20731 2018-09565 2018-09566 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 20743-20745 2018-09728 Airbus Helicopters, 20751-20753 2018-09740 ATR-GIE Avions de Transport Regional Airplanes, 20748-20751 2018-09731 Bombardier, Inc., Airplanes, 20745-20748 2018-09729 Learjet, Inc. Airplanes, 20740-20743 2018-09600 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receiverships: 10073; Elizabeth State Bank; Elizabeth, IL, 20818-20819 2018-09722 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 20825-20827 2018-09773 Flood Hazard Determinations; Changes, 20820-20825, 20827-20829, 20831-20834, 20836-20843 2018-09689 2018-09697 2018-09698 2018-09699 2018-09775 Flood Hazard Determinations; Proposals, 20830-20831, 20834-20836, 20839-20840 2018-09782 2018-09784 2018-09786 Flood Hazard Determinations; Proposals, Correction, 20843-20844 2018-09787 Major Disaster Declarations: Hoopa Valley Tribe; Amendment No. 1, 20831 2018-09793 Resighini Rancheria; Amendment No. 2, 20844 2018-09781 Major Disasters and Related Determinations: Ohio, 20829-20830 2018-09791 West Virginia, 20834 2018-09700 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Portland Natural Gas Transmission System, 20808 2018-09713 Combined Filings, 20799-20801, 20809 2018-09748 2018-09749 2018-09750 Environmental Assessments; Availability, etc.: Adelphia Gateway, LLC; Adelphia Gateway Project, 20802-20804 2018-09719 Rover Pipeline, LLC; UGS-Crawford Meter Station Project, 20804-20806 2018-09720 Environmental Reviews: RH energytrans, LLC; Risberg Line Project, 20800-20801 2018-09712 Sierrita Gas Pipeline, LLC; Sierrita Compressor Expansion Project, 20806-20807 2018-09718 Filings: Oncor Electric Delivery Co., LLC, 20799, 20806-20808 2018-09714 2018-09715 2018-09716 2018-09717 Federal Highway Federal Highway Administration NOTICES Federal Agency Actions: Interstate 95 in City of Fredericksburg and Counties of Spotsylvania, Stafford, Prince William, and Fairfax, VA, 20909-20910 2018-09810 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 20819 2018-09757 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 20819 2018-09756 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20910-20911 2018-09723 Food and Drug Food and Drug Administration RULES Guidance: Menu Labeling, 20731-20733 2018-09725 Food and Nutrition Food and Nutrition Service NOTICES Child Nutrition Program: Income Eligibility Guidelines, 20788-20789 2018-09679 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Expansions; Approvals: Hyster-Yale Group, Inc. Sulligent, AL, 20792 2018-09759 Subzone Status; Approvals: Brose Tuscaloosa, Inc. Vance, AL, 20791 2018-09758 EVA Freight, LLC, Mount Juliet and Lebanon, TN, 20791-20792 2018-09753 Health and Human Health and Human Services Department See

Agency for Healthcare Research and Quality

See

Centers for Disease Control and Prevention

See

Centers for Medicare & Medicaid Services

See

Food and Drug Administration

Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

PROPOSED RULES Privacy Act; Implementation of Exemptions: 007 Criminal History and Immigration Verification (CHIVe) System of Records, 20738-20740 2018-09906 NOTICES Privacy Act; Systems of Records, 20844-20850 2018-09902
Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Production of Material or Provision of Testimony by HUD in Response to Demands in Legal Proceedings Among Private Litigants, 20850-20851 2018-09778 Self-Help Homeownership Opportunity Program, 20851-20852 2018-09776 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Tribal-State Class III Gaming Compact Taking Effect in State of Arizona, 20852 2018-09800 Interior Interior Department See

Indian Affairs Bureau

See

Surface Mining Reclamation and Enforcement Office

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Donor Certification Form, 20852-20853 2018-09745
Internal Revenue Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panel Joint Committee, 20913-20914 2018-09706 2018-09707 2018-09708 Taxpayer Advocacy Panel Notices and Correspondence Project Committee, 20929 2018-09703 Taxpayer Advocacy Panel Special Projects Committee, 20914 2018-09704 Taxpayer Advocacy Panel Taxpayer Assistance Center Improvements Project Committee, 20913 2018-09705 Taxpayer Advocacy Panel Toll-Free Phone Line Project Committee, 20912-20913 2018-09701 Quarterly Publication of Individuals, Who Have Chosen to Expatriate, 20914-20929 2018-09709 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carton-Closing Staples from the People's Republic of China, 20792-20793 2018-09754 International Trade Com International Trade Commission RULES Rules of General Application, Adjudication and Enforcement, 21140-21164 2018-09268 Justice Department Justice Department See

Drug Enforcement Administration

NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20855-20858 2018-09676 2018-09684 2018-09685 Meetings: Earth Science Advisory Committee, 20855-20856 2018-09769 2018-09803 National Oceanic National Oceanic and Atmospheric Administration NOTICES Meetings: Fisheries of Caribbean; Southeast Data, Assessment, and Review, 20795-20796 2018-09798 Fisheries of South Atlantic; South Atlantic Fishery Management Council, 20796 2018-09799 New England Fishery Management Council, 20793-20794, 20796-20797 2018-09795 2018-09796 Western Pacific Fishery Management Council, 20794-20795 2018-09797 National Resources Natural Resources Conservation Service NOTICES De-Authorizations of Federal Funding: Lick Creek Watershed, Russell, Dickenson and Wise Counties, VA, 20789-20790 2018-09677 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating and Combined Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 20858-20866 2018-09244 Applications and Amendments Involving Proposed No Significant Hazards Considerations, etc., 20866-20872 2018-07705 Relocation of Regulatory Issue Summary Notices in the Federal Register, 20858 2018-09687 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 20872 2018-09905 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Day of Prayer (Proc. 9741), 20713-20714 2018-09893 EXECUTIVE ORDERS Committees; Establishment, Renewal, Termination, etc.: White House Faith and Opportunity Initiative; Establishment (EO 13831), 20715-20717 2018-09895 ADMINISTRATIVE ORDERS Defense and National Security: Matiere d'Armement, Organisation Conjointe de Cooperation en; Eligibility to Receive Defense Articles and Services (Presidential Determination No. 2018-05 of April 20, 2018), 20707 2018-09882 Great Britain and Northern Ireland; Proposed Agreement for Cooperation with U.S. for Peaceful Uses of Nuclear Energy (Presidential Determination No. 2018-07 of April 30, 2018), 20711 2018-09885 Mexico; Proposed Agreement for Cooperation with U.S. for Peaceful Uses of Nuclear Energy (Presidential Determination No. 2018-06 of April 30, 2018), 20709 2018-09883 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20872-20873 2018-09702 Securities Securities and Exchange Commission PROPOSED RULES Auditor Independence with Respect to Certain Loans or Debtor-Creditor Relationships, 20753-20773 2018-09721 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 20891-20892, 20898-20899 2018-09690 2018-09691 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 20892-20898 2018-09692 Financial Industry Regulatory Authority, Inc., 20889-20891, 20906-20909 2018-09694 2018-09695 Fixed Income Clearing Corp., 20882-20889 2018-09693 Nasdaq ISE, LLC, 20875-20882 2018-09696 New York Stock Exchange, LLC, 20873-20875 2018-09807 NYSE American, LLC, 20904-20906 2018-09763 NYSE Arca, Inc., 20899-20901 2018-09764 NYSE National, Inc., 20901-20904 2018-09765 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Montana Regulatory Program, 20773-20774 2018-09768 Pennsylvania Regulatory Program, 20774-20775 2018-09767 Tennessee Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 20909 2018-09845 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Federal Transit Administration

Treasury Treasury Department See

Comptroller of the Currency

See

Internal Revenue Service

Veteran Affairs Veterans Affairs Department RULES Special Monthly Compensation for Veterans with Traumatic Brain Injury, 20735-20737 2018-09736 NOTICES Meetings: Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 20930-20931 2018-09724 National Research Advisory Council, 20929-20930 2018-09760 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 20934-20970 2018-08773 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 20972-21015 2018-08961 Part IV Health and Human Services Department, Centers for Medicare & Medicaid Services, 21018-21101 2018-09015 Part V Health and Human Services Department, Centers for Medicare & Medicaid Services, 21104-21138 2018-09069 Part VI International Trade Commission, 21140-21164 2018-09268 Reader Aids

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83 89 Tuesday, May 8, 2018 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0068; Product Identifier 2017-CE-049-AD; Amendment 39-19276; AD 2018-03-03 R1] RIN 2120-AA64 Airworthiness Directives; Textron Aviation Inc. Airplanes AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule; request for comments.

SUMMARY:

We are revising Airworthiness Directive (AD) 2018-03-03 for certain Textron Aviation Inc. Models 401, 401A, 401B, 402, 402A, 402B, 402C, 411, 411A, 414, 414A, 421, 421A, 421B, 421C, and 425 airplanes. AD 2018-03-03 required repetitively inspecting the left and the right forward lower carry through spar cap for cracks and replacing the carry through spar cap if cracks were found. This AD addresses the same unsafe condition and requires the same actions as AD 2018-03-03, but clarifies the compliance times for the initial inspection of the carry through spar cap. This AD was prompted by several reports of confusion in interpreting the compliance times for the initial inspection of the carry through spar cap. We are issuing this AD to eliminate confusion in interpreting the compliance times for this inspection.

DATES:

This AD is effective May 23, 2018.

The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of February 28, 2018 (83 FR 6114, February 13, 2018).

We must receive any comments on this AD by June 22, 2018.

ADDRESSES:

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

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

Fax: 202-493-2251.

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

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

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

Examining the AD Docket

You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0068; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (phone: 800-647-5527) is listed above. Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION: Discussion

We issued AD 2018-03-03, Amendment 39-19176 (83 FR 6114, February 13, 2018), (“AD 2018-03-03”), for certain Textron Aviation Inc. (Textron) (type certificate previously held by Cessna Aircraft Company) Models 401, 401A, 401B, 402, 402A, 402B, 402C, 411, 411A, 414, 414A, 421, 421A, 421B, 421C, and 425 airplanes. AD 2018-03-03 required repetitively inspecting the left and the right forward lower carry through spar cap for cracks and replacing the carry through spar cap if cracks were found. AD 2018-03-03 also required sending the inspection results to the FAA.

AD 2018-03-03 resulted from a report of a fully cracked lower forward carry through spar cap found on a Textron Model 402C airplane. Investigation revealed that the crack resulted from metal fatigue. At this time, the cracking has been found on only Model 402C airplanes. However, the carry through spar cap and surrounding structure on the other model airplanes included in AD 2018-03-03 are similar and the loads on the other model airplanes are similar to (or higher than) the Model 402C airplanes.

We issued AD 2018-03-03 to prevent failure of the carry through spar cap during flight. The unsafe condition, if not addressed, could result in loss of control.

Actions Since AD 2018-03-03 Was Issued

Since we issued AD 2018-03-03, we received numerous comments from owners/operators and maintenance staff stating the compliance times for the initial inspection of the carry through spar cap are confusing and asking for clarification. We also received an additional comment requesting clarification of the replacement requirement. AD 2018-03-03 specified replacing the carry through spar if cracks are found during any inspection of the carry through spar cap. Our intent was to require replacement of only the carry through spar cap if cracks are found, which decreases the burden to the owners/operators of the affected airplanes. We are issuing this AD to clarify the compliance times for the initial inspection of the carry through spar cap and to clarify the replacement requirement of the carry through spar cap.

Related Service Information Under 1 CFR Part 51

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

Other Related Service Information

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

FAA's Determination

We are issuing this AD because we evaluated all the relevant information and determined the unsafe condition described previously in AD 2018-03-03 is likely to exist or develop in other products of the same type design.

AD Requirements

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

Interim Action

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

FAA's Justification and Determination of the Effective Date

The FAA previously determined that the risk to the flying public justified waiving notice and comment prior to the adoption of AD 2018-03-03. This AD is being issued to clarify the compliance times for the initial inspection of the carry through spar cap found in 2018-03-03. Because the substance of AD 2018-03-03 remains the same, but for the clarification of compliance times for the initial inspection and clarification of the spar cap replacement, we find good cause that notice and opportunity for prior public comment are unnecessary. In addition, for the reasons stated above, we find that good cause exists for making this amendment effective in less than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments before it becomes effective. However, we invite you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2018-0068 and Product Identifier 2017-CE-049-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this final rule. We will consider all comments received by the closing date and may amend this final rule because of those comments.

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

Costs of Compliance

We estimate that this AD affects 2,147 airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S.
  • operators
  • Inspect the left and the right forward lower carry through spar cap for cracks (without inspection access panels) 12 work-hours × $85 per hour = $1,020 per inspection cycle Not applicable $1,020 per inspection cycle $2,189,940 per inspection cycle.

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

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

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

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

    Accordingly, under the authority delegated to me by the Administrator, the FAA amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2018-03-03, Amendment 39-19176 (83 FR 6114, February 13, 2018) and adding the following new AD: 2018-03-03 R1 Textron Aviation Inc.: Amendment 39-19276; Docket No. FAA-2018-0068; Product Identifier 2017-CE-049-AD. (a) Effective Date

    This AD is effective May 23, 2018.

    (b) Affected ADs

    This AD replaces Airworthiness Directive (AD) 2018-03-03, Amendment 39-19176 (83 FR 6114, February 13, 2018) (“AD 2018-03-03”).

    (c) Applicability

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

    ER08MY18.009 (d) Subject

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

    (e) Unsafe Condition

    This AD was prompted by several reports of confusion in interpreting the compliance times for the initial inspection of the carry through spar cap. We are issuing this AD to eliminate confusion in interpreting the compliance times for this inspection. The unsafe condition related to this AD was previously addressed in AD 2018-03-03.

    (f) Compliance

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

    (g) Inspection Criteria

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

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

    Within the next 25 hours TIS after February 28, 2018 (the effective date retained from AD 2018-03-03), do an initial detailed visual inspection following the instructions specified in paragraph (g) of this AD.

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

    (1) For Models 401, 401A, 401B, 402, 402A, 402B, 402C, 411, 411A, 414, 414A, 421, and 421A airplanes, do an initial detailed visual inspection following the instructions specified in paragraph (g) of this AD at whichever of the compliance times in paragraphs (i)(1)(i) or (ii) of this AD occurs later. See figures 1 and 2 of paragraph (i)(1) of this AD for examples.

    (i) Before or upon accumulating 15,000 hours TIS on the carry through spar cap; or

    (ii) Within the next 50 hours TIS after February 28, 2018 (the effective date retained from AD 2018-03-03).

    ER08MY18.010 ER08MY18.011

    (2) For Models 421B and 421C airplanes, do an initial detailed visual inspection following the instructions specified in paragraph (g) of this AD at whichever of the compliance times in paragraphs (i)(2)(i) or (ii) of this AD occurs later. See figures 3 and 4 to paragraph (i)(2) of this AD for examples.

    (i) Before or upon accumulating 12,000 hours TIS on the carry through spar cap; or

    (ii) Within the next 50 hours TIS after February 28, 2018 (the effective date retained from AD 2018-03-03).

    ER08MY18.012 ER08MY18.013

    (3) For Model 425 airplanes, do an initial detailed visual inspection following the instructions specified in paragraph (g) of this AD at whichever of the compliance times in paragraphs (i)(3)(i) or (ii) of this AD occurs later. See figures 5 and 6 to paragraphs (i)(3) of this AD for examples.

    (i) Before or upon accumulating 11,000 TIS on the carry through spar cap; or

    (ii) Within the next 50 hours TIS after February 28, 2018 (the effective date retained from AD 2018-03-03).

    ER08MY18.014 ER08MY18.015 (j) Repetitive Inspections for All Affected Airplanes

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

    (k) Replacement of Carry Through Spar Cap for All Affected Airplanes

    If cracks are found during any inspection required in paragraphs (h) through (j) and paragraph (l) of this AD, before further flight, replace the carry through spar cap.

    (l) Initial and Repetitive Inspections of Newly Installed Carry Through Spar Cap for All Affected Airplanes

    Do the initial and repetitive inspections following the instructions specified in paragraph (g) of this AD at the applicable compliance time in paragraphs (l)(1) through (3) of this AD. If any cracks are found during any inspection required by this paragraph, before further flight, replace the wing carry through spar cap.

    (1) For Models 401, 401A, 401B, 402, 402A, 402B, 402C, 411, 411A, 414, 414A, 421, and 421A airplanes, initially inspect before or upon accumulating 15,000 hours TIS on the newly installed carry through spar cap and repetitively thereafter inspect at intervals not to exceed 50 hours TIS.

    (2) For Models 421B and 421C airplanes, initially inspect before or upon accumulating 12,000 hours TIS on the newly installed carry through spar cap and repetitively thereafter inspect at intervals not to exceed 50 hours TIS.

    (3) For Model 425 airplanes, initially inspect before or upon accumulating 11,000 hours TIS on the newly installed carry through spar cap and repetitively thereafter inspect at intervals not to exceed 50 hours TIS.

    (m) Reporting Requirement for All Affected Airplanes

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

    (n) Installation of Optional Access Panels All Affected Airplanes

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

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

    This AD allows credit for the initial inspection of the forward lower carry through spar cap required in paragraphs (h) and (i) of this AD if done before February 28, 2018 (the effective date retained from AD 2018-03-03), using the following documents:

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

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

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

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

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

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

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

    (p) Paperwork Reduction Act Burden Statement

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

    (q) Alternative Methods of Compliance (AMOCs)

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

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

    (r) Related Information

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

    (s) Material Incorporated by Reference

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

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

    (3) The following service information was approved for IBR on February 28, 2018 (83 FR 6114, February 13, 2018).

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

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

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

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

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

    Issued in Kansas City, Missouri, on April 30, 2018. Melvin J. Johnson, Deputy Director, Policy & Innovation Division, Aircraft Certification Service.
    [FR Doc. 2018-09601 Filed 5-7-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31190; Amdt. No. 3797] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

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

    DATES:

    This rule is effective May 8, 2018. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of May 8, 2018.

    ADDRESSES:

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

    For Examination

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

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

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

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

    Availability

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

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

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

    Availability and Summary of Material Incorporated by Reference

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

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

    The Rule

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

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

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

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

    List of Subjects in 14 CFR Part 97

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

    Issued in Washington, DC on April 20, 2018. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me,

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

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

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

    2. Part 97 is amended to read as follows: Effective 24 May 2018 Anchorage, AK, Ted Stevens Anchorage Intl, Takeoff Minimums and Obstacle DP, Amdt 7B Homer, AK, Homer, LOC RWY 4, Amdt 11A Togiak Village, AK, Togiak, NDB-B, Amdt 1A, CANCELED Togiak Village, AK, Togiak, NDB/DME-A, Amdt 1A, CANCELED Togiak Village, AK, Togiak, RNAV (GPS) RWY 3, Amdt 1 Togiak Village, AK, Togiak, RNAV (GPS) RWY 21, Amdt 1 Togiak Village, AK, Togiak, Takeoff Minimums and Obstacle DP, Amdt 2 Little Rock, AR, Bill and Hillary Clinton National/Adams Field, RADAR-1, Amdt 17A, CANCELED Craig, CO, Craig-Moffat, GPS RWY 7, Orig, CANCELED Craig, CO, Craig-Moffat, GPS RWY 25, Orig, CANCELED Craig, CO, Craig-Moffat, RNAV (GPS) RWY 7, Orig Craig, CO, Craig-Moffat, RNAV (GPS) RWY 25, Orig Craig, CO, Craig-Moffat, VOR RWY 7, Amdt 3 Craig, CO, Craig-Moffat, VOR RWY 25, Amdt 4 Titusville, FL, Arthur Dunn Air Park, RNAV (GPS) RWY 15, Orig-B, CANCELED Titusville, FL, Arthur Dunn Air Park, RNAV (GPS) RWY 33, Orig-B, CANCELED Titusville, FL, Arthur Dunn Air Park, RNAV (GPS)-A, Orig Titusville, FL, Arthur Dunn Air Park, RNAV (GPS)-B, Orig Kaunakakai, HI, Molokai, VOR OR TACAN-A, Amdt 17 Cherokee, IA, Cherokee County Rgnl, RNAV (GPS) RWY 18, Orig Kewanee, IL, Kewanee Muni, RNAV (GPS) RWY 9, Amdt 1B Coldwater, KS, Comanche County, RNAV (GPS) RWY 17, Orig-A Coldwater, KS, Comanche County, RNAV (GPS) RWY 35, Orig-A Monroe, LA, Monroe Rgnl, VOR RWY 4, Amdt 18A, CANCELED Monroe, LA, Monroe Rgnl, VOR RWY 22, Amdt 5A, CANCELED Detroit, MI, Coleman A Young Muni, NDB RWY 15, Amdt 23A, CANCELED Detroit, MI, Coleman A Young Muni, RNAV (GPS) RWY 15, Orig-C Detroit, MI, Coleman A Young Muni, RNAV (GPS) RWY 33, Orig-D Detroit, MI, Detroit Metropolitan Wayne County, ILS OR LOC RWY 3R, ILS RWY 3R (SA CAT I), ILS RWY 3R (CAT II), ILS RWY 3R (CAT III), Amdt 18 Detroit, MI, Detroit Metropolitan Wayne County, ILS OR LOC RWY 4R, ILS RWY 4R (SA CAT I), ILS RWY 4R (CAT II), ILS RWY 4R (CAT III), Amdt 19 Detroit, MI, Detroit Metropolitan Wayne County, ILS OR LOC RWY 21L, ILS RWY 21L (SA CAT I), ILS RWY 21L (SA CAT II), Amdt 13 Detroit, MI, Detroit Metropolitan Wayne County, ILS OR LOC RWY 22L, ILS RWY 22L (SA CAT I), Amdt 32 Detroit, MI, Detroit Metropolitan Wayne County, ILS OR LOC RWY 27L, ILS RWY 27L (SA CAT I), ILS RWY 27L (SA CAT II), Amdt 5A Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM RWY 4R, ILS PRM RWY 4R (SA CAT I), ILS PRM RWY 4R (CAT II), ILS PRM RWY 4R (CAT III) (CLOSE PARALLEL), Amdt 3 Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM RWY 22L (CLOSE PARALLEL), Amdt 2 Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM Y RWY 4L (CLOSE PARALLEL), Amdt 1A Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM Z RWY 4L, ILS PRM Z RWY 4L (CAT II), ILS PRM Z RWY 4L (CAT III), (CLOSE PARALLEL), Orig Detroit, MI, Detroit Metropolitan Wayne County, ILS PRM Z RWY 22R, ILS PRM Z RWY 22R (SA CAT I), ILS PRM Z RWY 22R (SA CAT II), (CLOSE PARALLEL), Orig Detroit, MI, Detroit Metropolitan Wayne County, ILS Y RWY 4L, Amdt 1A Detroit, MI, Detroit Metropolitan Wayne County, ILS Z OR LOC RWY 4L, ILS Z RWY 4L (CAT II), ILS Z RWY 4L (CAT III), Amdt 4A Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) RWY 27L, Amdt 3A Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) RWY 27R, Amdt 3A Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) PRM Z RWY 4R, (CLOSE PARALLEL), Amdt 1 Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) PRM Z RWY 22L, (CLOSE PARALLEL), Amdt 1 Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) Z RWY 3R, Amdt 4 Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) Z RWY 4R, Amdt 4 Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) Z RWY 21L, Amdt 4 Detroit, MI, Detroit Metropolitan Wayne County, RNAV (GPS) Z RWY 22L, Amdt 3 Detroit, MI, Detroit Metropolitan Wayne County, RNAV (RNP) U RWY 4L, Orig Detroit, MI, Detroit Metropolitan Wayne County, RNAV (RNP) U RWY 22R, Orig Detroit, MI, Detroit Metropolitan Wayne County, RNAV (RNP) W RWY 3R, Orig Detroit, MI, Detroit Metropolitan Wayne County, RNAV (RNP) W RWY 21L, Orig Detroit, MI, Detroit Metropolitan Wayne County, RNAV (RNP) W RWY 22R, Orig Detroit, MI, Detroit Metropolitan Wayne County, RNAV (RNP) X RWY 3R, Orig Detroit, MI, Detroit Metropolitan Wayne County, RNAV (RNP) X RWY 4L, Orig Detroit, MI, Detroit Metropolitan Wayne County, RNAV (RNP) X RWY 4R, Orig Detroit, MI, Detroit Metropolitan Wayne County, RNAV (RNP) X RWY 21L, Orig Detroit, MI, Detroit Metropolitan Wayne County, RNAV (RNP) X RWY 22L, Orig Detroit, MI, Detroit Metropolitan Wayne County, RNAV (RNP) X RWY 22R, Orig Detroit/Grosse Ile, MI, Grosse Ile Muni, RNAV (GPS) RWY 4, Orig-A Detroit/Grosse Ile, MI, Grosse Ile Muni, RNAV (GPS) RWY 22, Amdt 1A Flint, MI, Bishop Intl, ILS OR LOC RWY 9, Amdt 23 Flint, MI, Bishop Intl, ILS OR LOC RWY 27, Amdt 6 Flint, MI, Bishop Intl, RNAV (GPS) RWY 9, Amdt 1B Flint, MI, Bishop Intl, RNAV (GPS) RWY 27, Amdt 1A Flint, MI, Bishop Intl, RNAV (GPS) RWY 36, Amdt 1A Flint, MI, Bishop Intl, VOR RWY 18, Orig-B Flint, MI, Bishop Intl, VOR RWY 36, Orig-A Greenville, MI, Greenville Muni, RNAV (GPS) RWY 10, Amdt 1 Greenville, MI, Greenville Muni, RNAV (GPS) RWY 28, Amdt 1 Greenville, MI, Greenville Muni, VOR-A, Amdt 3 Muskegon, MI, Muskegon County, ILS OR LOC RWY 24, Amdt 6 Muskegon, MI, Muskegon County, ILS OR LOC RWY 32, Amdt 20 Muskegon, MI, Muskegon County, LOC BC RWY 14, Amdt 9B, CANCELED Muskegon, MI, Muskegon County, RNAV (GPS) RWY 6, Amdt 2 Muskegon, MI, Muskegon County, RNAV (GPS) RWY 14, Amdt 1B Muskegon, MI, Muskegon County, RNAV (GPS) RWY 24, Amdt 2 Muskegon, MI, Muskegon County, RNAV (GPS) RWY 32, Amdt 2C Saginaw, MI, MBS Intl, RNAV (GPS) RWY 14, Amdt 2A Saginaw, MI, MBS Intl, RNAV (GPS) RWY 32, Amdt 2A Preston, MN, Fillmore County, RNAV (GPS) RWY 29, Amdt 1C Aberdeen/Amory, MS, Monroe County, RNAV (GPS) RWY 18, Amdt 2 Aberdeen/Amory, MS, Monroe County, RNAV (GPS) RWY 36, Amdt 2 Aberdeen/Amory, MS, Monroe County, VOR RWY 18, Amdt 7A Mc Comb, MS, Mc Comb/Pike County/John E Lewis Field, ILS OR LOC RWY 16, Amdt 1A Mc Comb, MS, Mc Comb/Pike County/John E Lewis Field, RNAV (GPS) RWY 16, Amdt 2 Mc Comb, MS, Mc Comb/Pike County/John E Lewis Field, RNAV (GPS) RWY 34, Amdt 1 Mc Comb, MS, Mc Comb/Pike County/John E Lewis Field, Takeoff Minimums and Obstacle DP, Amdt 1 Elizabeth City, NC, Elizabeth City CG Air Station/Rgnl, ILS OR LOC RWY 10, Amdt 1C Elizabeth City, NC, Elizabeth City CG Air Station/Rgnl, RNAV (GPS) RWY 1, Orig-D Elizabeth City, NC, Elizabeth City CG Air Station/Rgnl, RNAV (GPS) RWY 10, Amdt 1C Elizabeth City, NC, Elizabeth City CG Air Station/Rgnl, RNAV (GPS) RWY 19, Orig-C Elizabeth City, NC, Elizabeth City CG Air Station/Rgnl, RNAV (GPS) RWY 28, Orig-B Elizabeth City, NC, Elizabeth City CG Air Station/Rgnl, Takeoff Minimums and Obstacle DP, Amdt 1A Oxford, NC, Henderson-Oxford, LOC RWY 6, Amdt 2A Oxford, NC, Henderson-Oxford, NDB RWY 6, Amdt 3A Raleigh/Durham, NC, Raleigh-Durham Intl, ILS OR LOC RWY 5L, Amdt 5B Raleigh/Durham, NC, Raleigh-Durham Intl, ILS OR LOC RWY 23R, ILS RWY 23R (CAT II), ILS RWY 23R (CAT III), Amdt 11C Raleigh/Durham, NC, Raleigh-Durham Intl, RNAV (GPS) RWY 32, Orig-A Raleigh/Durham, NC, Raleigh-Durham Intl, RNAV (GPS) Y RWY 5L, Amdt 1B Raleigh/Durham, NC, Raleigh-Durham Intl, RNAV (GPS) Y RWY 23R, Amdt 1C Raleigh/Durham, NC, Raleigh-Durham Intl, RNAV (RNP) Z RWY 5L, Amdt 2B Raleigh/Durham, NC, Raleigh-Durham Intl, RNAV (RNP) Z RWY 5R, Amdt 2B Raleigh/Durham, NC, Raleigh-Durham Intl, RNAV (RNP) Z RWY 23L, Amdt 2B Raleigh/Durham, NC, Raleigh-Durham Intl, RNAV (RNP) Z RWY 23R, Amdt 2B Raleigh/Durham, NC, Raleigh-Durham Intl, VOR RWY 5R, Amdt 13E Raleigh/Durham, NC, Raleigh-Durham Intl, VOR RWY 23L, Amdt 14F Raleigh/Durham, NC, Raleigh-Durham Intl, VOR RWY 32, Amdt 3E Salisbury, NC, Mid-Carolina Rgnl, RNAV (GPS) RWY 2, Amdt 2 Gothenburg, NE, Gothenburg Muni, RNAV (GPS) RWY 3, Orig-C Gothenburg, NE, Gothenburg Muni, RNAV (GPS) RWY 21, Orig-C Gothenburg, NE, Gothenburg Muni, VOR-A, Amdt 3B Saranac Lake, NY, Adirondack Rgnl, ILS OR LOC RWY 23, Amdt 10 Saranac Lake, NY, Adirondack Rgnl, LOC Y RWY 23, Orig-B, CANCELED Saranac Lake, NY, Adirondack Rgnl, RNAV (GPS) RWY 5, Amdt 1C Saranac Lake, NY, Adirondack Rgnl, RNAV (GPS) RWY 9, Amdt 1 Saranac Lake, NY, Adirondack Rgnl, RNAV (GPS) RWY 23, Orig-D Saranac Lake, NY, Adirondack Rgnl, VOR RWY 9, Amdt 2B, CANCELED Saranac Lake, NY, Adirondack Rgnl, VOR/DME RWY 5, Amdt 4B, CANCELED Akron, OH, Akron Fulton Intl, LOC RWY 25, Amdt 14 Akron, OH, Akron Fulton Intl, NDB RWY 25, Amdt 15 Cleveland, OH, Burke Lakefront, ILS OR LOC RWY 24R, Amdt 1B Cleveland, OH, Burke Lakefront, RNAV (GPS) RWY 24R, Orig-B Cleveland, OH, Cleveland-Hopkins Intl, ILS OR LOC RWY 6L, ILS RWY 6L (CAT II), ILS RWY 6L (CAT III), Amdt 3 Cleveland, OH, Cleveland-Hopkins Intl, ILS OR LOC RWY 6R, ILS RWY 6R (SA CAT II), Amdt 22 Cleveland, OH, Cleveland-Hopkins Intl, ILS OR LOC RWY 24L, ILS RWY 24L (SA CAT II), Amdt 23 Cleveland, OH, Cleveland-Hopkins Intl, ILS OR LOC RWY 24R, ILS RWY 24R (SA CAT I), ILS RWY 24R (CAT II), ILS RWY 24R (CAT III), Amdt 6 Cleveland, OH, Cleveland-Hopkins Intl, ILS OR LOC RWY 28, Amdt 25 Cleveland, OH, Cleveland-Hopkins Intl, RNAV (GPS) RWY 10, Amdt 3C Cleveland, OH, Cleveland-Hopkins Intl, RNAV (GPS) RWY 28, Amdt 3 Cleveland, OH, Cleveland-Hopkins Intl, RNAV (GPS) Y RWY 6L, Amdt 2 Cleveland, OH, Cleveland-Hopkins Intl, RNAV (GPS) Y RWY 6R, Amdt 3 Cleveland, OH, Cleveland-Hopkins Intl, RNAV (GPS) Y RWY 24L, Amdt 4 Cleveland, OH, Cleveland-Hopkins Intl, RNAV (GPS) Y RWY 24R, Amdt 4 Cleveland, OH, Cleveland-Hopkins Intl, RNAV (RNP) Z RWY 6L, Orig Cleveland, OH, Cleveland-Hopkins Intl, RNAV (RNP) Z RWY 6R, Orig Cleveland, OH, Cleveland-Hopkins Intl, RNAV (RNP) Z RWY 24L, Orig Cleveland, OH, Cleveland-Hopkins Intl, RNAV (RNP) Z RWY 24R, Orig Cleveland, OH, Cuyahoga County, ILS OR LOC RWY 24, Amdt 15B Cleveland, OH, Cuyahoga County, RNAV (GPS) RWY 24, Amdt 1B Toledo, OH, Toledo Express, ILS OR LOC RWY 7, Amdt 28A Toledo, OH, Toledo Express, ILS OR LOC RWY 25, Amdt 8A Toledo, OH, Toledo Express, RNAV (GPS) RWY 16, Orig-A Toledo, OH, Toledo Express, RNAV (GPS) RWY 34, Orig-B Toledo, OH, Toledo Express, VOR RWY 34, Amdt 7C Waynesburg, PA, Greene County, COPTER RNAV (GPS) RWY 9, Orig Chamberlain, SD, Chamberlain Muni, RNAV (GPS) RWY 13, Amdt 1 Chamberlain, SD, Chamberlain Muni, RNAV (GPS) RWY 31, Amdt 1 Beaumont, TX, Beaumont Muni, RNAV (GPS) RWY 13, Amdt 1 Beaumont, TX, Beaumont Muni, RNAV (GPS) RWY 31, Amdt 1 Beeville, TX, Beeville Muni, RNAV (GPS) RWY 12, Amdt 1 Beeville, TX, Beeville Muni, RNAV (GPS) RWY 30, Amdt 1 Big Lake, TX, Reagan County, Takeoff Minimums and Obstacle DP, Amdt 2 Fort Hood/Killeen, TX, Robert Gray AAF, ILS OR LOC RWY 15, Amdt 7 Fort Hood/Killeen, TX, Robert Gray AAF, ILS OR LOC RWY 33, Amdt 1C Fort Hood/Killeen, TX, Robert Gray AAF, NDB RWY 15, Amdt 6A, CANCELED Fort Hood/Killeen, TX, Robert Gray AAF, RADAR-1, Orig-A Fort Hood/Killeen, TX, Robert Gray AAF, RADAR-2, Orig-A Fort Hood/Killeen, TX, Robert Gray AAF, RNAV (GPS) RWY 15, Amdt 2 Fort Hood/Killeen, TX, Robert Gray AAF, RNAV (GPS) RWY 33, Amdt 1C Salt Lake City, UT, Salt Lake City Intl, ILS OR LOC RWY 34R, ILS RWY 34R SA CAT I, ILS RWY 34R CAT II, ILS RWY 34R CAT III, Amdt 4C Emporia, VA, Emporia-Greensville Rgnl, LOC RWY 34, Amdt 2 Elkins, WV, Elkins-Randolph Co-Jennings Randolph Fld, LDA-C, Amdt 8 Elkins, WV, Elkins-Randolph Co-Jennings Randolph Fld, RNAV (GPS) RWY 5, Orig-A Elkins, WV, Elkins-Randolph Co-Jennings Randolph Fld, RNAV (GPS) RWY 14, Orig, CANCELED Elkins, WV, Elkins-Randolph Co-Jennings Randolph Fld, RNAV (GPS) RWY 23, Orig-A Elkins, WV, Elkins-Randolph Co-Jennings Randolph Fld, RNAV (GPS)-A, Orig-A Cheyenne, WY, Cheyenne Rgnl/Jerry Olson Field, ILS OR LOC RWY 27, Amdt 36 Cheyenne, WY, Cheyenne Rgnl/Jerry Olson Field, RNAV (GPS) RWY 13, Amdt 2 Cheyenne, WY, Cheyenne Rgnl/Jerry Olson Field, RNAV (GPS) RWY 27, Amdt 1 Cheyenne, WY, Cheyenne Rgnl/Jerry Olson Field, RNAV (GPS) RWY 31, Amdt 2

    RESCINDED: On April 9, 2018 (83 FR 15052), the FAA published an Amendment in Docket No. 31186, Amdt No. 3793, to Part 97 of the Federal Aviation Regulations under section 97.23. The following entry for Olympia, WA, effective May 24, 2018, is hereby rescinded in its entirety:

    Olympia, WA, Olympia Rgnl, VOR-A, Amdt 2
    [FR Doc. 2018-09566 Filed 5-7-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31191; Amdt. No. 3798] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

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

    DATES:

    This rule is effective May 8, 2018. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of May 8, 2018.

    ADDRESSES:

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

    For Examination

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

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

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

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

    Availability

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

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

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

    Availability and Summary of Material Incorporated by Reference

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

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

    The Rule

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

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

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

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

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

    List of Subjects in 14 CFR Part 97

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

    Issued in Washington, DC on April 20, 2018. John S. Duncan, Director, Flight Standards Service. Adoption Of The Amendment

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

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

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

    2. Part 97 is amended to read as follows:
    §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [AMENDED]

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

    * * * Effective Upon Publication

    AIRAC Date State City Airport FDC No. FDC Date Subject 24-May-18 RI Newport Newport State 8/4781 3/29/18 This NOTAM, published in TL 18-11, is hereby rescinded in its entirety. 24-May-18 AZ Phoenix Phoenix-Mesa Gateway 7/3135 4/6/18 RNAV (GPS) RWY 12R, Amdt 1B 24-May-18 AZ Phoenix Phoenix-Mesa Gateway 7/3136 4/6/18 RNAV (GPS) RWY 30L, Amdt 1B 24-May-18 OK Norman University of Oklahoma Westheimer 7/4912 4/11/18 LOC RWY 3, Amdt 4 24-May-18 OK Norman University of Oklahoma Westheimer 7/4913 4/11/18 RNAV (GPS) RWY 18, Amdt 2 24-May-18 OK Ardmore Ardmore Muni 7/5209 4/6/18 ILS OR LOC RWY 31, Amdt 5B 24-May-18 OK Ardmore Ardmore Muni 7/5213 4/6/18 RNAV (GPS) RWY 31, Amdt 1B 24-May-18 PA Franklin Venango Rgnl 7/6969 4/11/18 VOR RWY 21, Amdt 8A 24-May-18 CO Rifle Rifle Garfield County 7/7921 4/11/18 RNAV (RNP) Z RWY 26, Amdt 1B 24-May-18 MI Allegan Padgham Field 8/0101 4/6/18 RNAV (GPS) RWY 29, Orig 24-May-18 MI Allegan Padgham Field 8/0117 4/6/18 RNAV (GPS) RWY 11, Orig-A 24-May-18 MI Allegan Padgham Field 8/0119 4/6/18 VOR RWY 29, Amdt 14 24-May-18 MO Fulton Elton Hensley Memorial 8/0231 4/6/18 Takeoff Minimums and Obstacle DP, Amdt 1 24-May-18 IN Goshen Goshen Muni 8/0233 4/6/18 Takeoff Minimums and Obstacle DP, Orig 24-May-18 TX Longview East Texas Rgnl 8/0245 4/6/18 ILS OR LOC RWY 13, Amdt 13A 24-May-18 NE Grand Island Central Nebraska Rgnl 8/0251 4/6/18 ILS OR LOC RWY 35, Amdt 9F 24-May-18 KS Topeka Topeka Rgnl 8/0311 4/6/18 ILS OR LOC RWY 31, Amdt 10 24-May-18 CA Upland Cable 8/0674 4/11/18 VOR-A, Orig-A 24-May-18 MO Charleston Mississippi County 8/1039 4/6/18 Takeoff Minimums and Obstacle DP, Orig 24-May-18 AK Mountain Village Mountain Village 8/1212 4/11/18 RNAV (GPS) RWY 2, Amdt 1A 24-May-18 KS Wichita Wichita Dwight D Eisenhower National 8/1316 4/6/18 RNAV (RNP) Z RWY 19L, Amdt 1 24-May-18 KS Wichita Wichita Dwight D Eisenhower National 8/1317 4/6/18 RNAV (GPS) Y RWY 19L, Amdt 2 24-May-18 AR De Queen J Lynn Helms Sevier County 8/1950 4/11/18 RNAV (GPS) RWY 8, Orig-A 24-May-18 NM Santa Fe Santa Fe Muni 8/2099 4/11/18 Takeoff Minimums and Obstacle DP, Amdt 4 24-May-18 AK Homer Homer 8/2638 4/11/18 LOC BC RWY 22, Amdt 6 24-May-18 MO Joplin Joplin Rgnl 8/2770 4/9/18 RNAV (GPS) RWY 13, Orig-A 24-May-18 MO Joplin Joplin Rgnl 8/2771 4/9/18 RNAV (GPS) RWY 18, Orig-A 24-May-18 MO Joplin Joplin Rgnl 8/2772 4/9/18 RNAV (GPS) RWY 31, Amdt 1A 24-May-18 MO Joplin Joplin Rgnl 8/2773 4/9/18 RNAV (GPS) RWY 36, Orig-B 24-May-18 MO Joplin Joplin Rgnl 8/2774 4/9/18 LOC BC RWY 31, Amdt 21D 24-May-18 MI Battle Creek W K Kellogg 8/3215 4/11/18 ILS OR LOC RWY 23R, Amdt 19 24-May-18 IL Belleville Scott AFB/MidAmerica 8/3218 4/11/18 ILS OR LOC RWY 32R, Orig-H 24-May-18 CO Grand Junction Grand Junction Regional 8/3221 4/11/18 ILS OR LOC RWY 11, Amdt 16B 24-May-18 OH Jackson James A Rhodes 8/3523 4/9/18 RNAV (GPS) RWY 1, Amdt 1D 24-May-18 OH Jackson James A Rhodes 8/3526 4/9/18 RNAV (GPS) RWY 19, Amdt 1C 24-May-18 OH Jackson James A Rhodes 8/3527 4/9/18 VOR/DME-A, Amdt 2B 24-May-18 IA Shenandoah Shenandoah Muni 8/3555 4/9/18 RNAV (GPS) RWY 4, Orig 24-May-18 IA Shenandoah Shenandoah Muni 8/3561 4/9/18 VOR/DME RWY 12, Amdt 4A 24-May-18 IA Shenandoah Shenandoah Muni 8/3565 4/9/18 NDB RWY 4, Orig-B 24-May-18 NE Gothenburg Gothenburg Muni 8/3991 4/11/18 Takeoff Minimums and Obstacle DP, Amdt 1A 24-May-18 MO Joplin Joplin Rgnl 8/4158 4/9/18 ILS OR LOC/DME RWY 18, Amdt 2A 24-May-18 NC Charlotte Charlotte/Douglas Intl 8/4264 4/17/18 Takeoff Minimums and Obstacle DP, Amdt 7 24-May-18 AK Bethel Bethel 8/4455 4/11/18 ILS Z OR LOC Z RWY 19R, Amdt 7E 24-May-18 ND Dickinson Dickinson—Theodore Roosevelt Rgnl 8/4462 4/9/18 RNAV (GPS) RWY 32, Amdt 2 24-May-18 ND Dickinson Dickinson—Theodore Roosevelt Rgnl 8/4479 4/9/18 RNAV (GPS) RWY 25, Orig-A 24-May-18 ND Dickinson Dickinson—Theodore Roosevelt Rgnl 8/4480 4/9/18 ILS OR LOC RWY 32, Amdt 1B 24-May-18 IL Lincoln Logan County 8/4657 4/11/18 RNAV (GPS) RWY 3, Orig 24-May-18 IL Lincoln Logan County 8/4659 4/11/18 RNAV (GPS) RWY 21, Orig 24-May-18 IL Lincoln Logan County 8/4660 4/11/18 VOR RWY 3, Amdt 7 24-May-18 IL Lincoln Logan County 8/4661 4/11/18 NDB RWY 21, Amdt 2 24-May-18 TX Amarillo Rick Husband Amarillo Intl 8/4668 4/13/18 LDA/DME RWY 22, Amdt 1 24-May-18 AR Clinton Holley Mountain Airpark 8/4720 4/11/18 RNAV (GPS) RWY 23, Amdt 1A 24-May-18 AR Clinton Holley Mountain Airpark 8/4721 4/11/18 RNAV (GPS) RWY 5, Amdt 1B 24-May-18 IA Davenport Davenport Muni 8/4775 4/6/18 ILS OR LOC RWY 15, Amdt 1B 24-May-18 IA Davenport Davenport Muni 8/4777 4/6/18 RNAV (GPS) RWY 3, Amdt 1C 24-May-18 IA Davenport Davenport Muni 8/4780 4/6/18 RNAV (GPS) RWY 15, Amdt 2B 24-May-18 IA Davenport Davenport Muni 8/4783 4/6/18 RNAV (GPS) RWY 21, Amdt 1D 24-May-18 IA Davenport Davenport Muni 8/4784 4/6/18 RNAV (GPS) RWY 33, Amdt 1C 24-May-18 IA Davenport Davenport Muni 8/4791 4/6/18 VOR RWY 3, Amdt 9A 24-May-18 IA Davenport Davenport Muni 8/4792 4/6/18 VOR RWY 21, Amdt 8B 24-May-18 MN Austin Austin Muni 8/4821 4/11/18 RNAV (GPS) RWY 17, Amdt 1B 24-May-18 PA Allentown Lehigh Valley Intl 8/5371 4/9/18 ILS OR LOC RWY 6, Amdt 23A 24-May-18 PA Allentown Lehigh Valley Intl 8/5372 4/9/18 ILS OR LOC/DME RWY 24, Amdt 1A 24-May-18 PA Allentown Lehigh Valley Intl 8/5373 4/13/18 RNAV (GPS) RWY 6, Amdt 1B 24-May-18 PA Allentown Lehigh Valley Intl 8/5374 4/9/18 RNAV (GPS) RWY 24, Amdt 1A 24-May-18 PA Allentown Lehigh Valley Intl 8/5375 4/9/18 RNAV (GPS) RWY 31, Amdt 2A 24-May-18 PA Allentown Lehigh Valley Intl 8/5376 4/9/18 VOR-A, Amdt 10 24-May-18 PA Allentown Lehigh Valley Intl 8/5390 4/9/18 TACAN-C, Orig 24-May-18 RI Newport Newport State 8/6556 4/11/18 VOR/DME RWY 16, Amdt 1B 24-May-18 ND Casselton Casselton Robert Miller Rgnl 8/7299 4/11/18 RNAV (GPS) RWY 31, Amdt 1 24-May-18 ND Casselton Casselton Robert Miller Rgnl 8/7300 4/11/18 VOR/DME RWY 31, Amdt 1A 24-May-18 SD Huron Huron Rgnl 8/7324 4/11/18 ILS OR LOC RWY 12, Amdt 10 24-May-18 SD Huron Huron Rgnl 8/7325 4/11/18 LOC/DME BC RWY 30, Amdt 13 24-May-18 SD Huron Huron Rgnl 8/7326 4/11/18 VOR RWY 12, Amdt 22 24-May-18 SD Huron Huron Rgnl 8/7327 4/11/18 RNAV (GPS) RWY 30, Amdt 1A 24-May-18 SD Huron Huron Rgnl 8/7328 4/11/18 RNAV (GPS) RWY 12, Orig 24-May-18 PA New Castle New Castle Muni 8/7350 4/6/18 NDB RWY 23, Amdt 3B 24-May-18 NE Pender Pender Muni 8/7569 4/11/18 Takeoff Minimums and Obstacle DP, Orig 24-May-18 TX Mexia Mexia-Limestone Co 8/7712 4/6/18 NDB-A, Amdt 4 24-May-18 TX Mexia Mexia-Limestone Co 8/7713 4/6/18 RNAV (GPS) RWY 36, Orig-A 24-May-18 OH New Lexington Perry County 8/7718 4/6/18 VOR/DME RWY 26, Amdt 2 24-May-18 OH New Lexington Perry County 8/7719 4/6/18 RNAV (GPS) RWY 26, Orig-A 24-May-18 NJ Teterboro Teterboro 8/8099 4/11/18 ILS OR LOC RWY 6, Amdt 29G 24-May-18 NJ Teterboro Teterboro 8/8101 4/11/18 COPTER ILS OR LOC RWY 6, Amdt 1F 24-May-18 NJ Teterboro Teterboro 8/8102 4/11/18 ILS OR LOC RWY 19, Orig-A 24-May-18 NJ Teterboro Teterboro 8/8105 4/11/18 RNAV (GPS) X RWY 6, Amdt 2 24-May-18 NJ Teterboro Teterboro 8/8106 4/11/18 RNAV (GPS) Y RWY 6, Amdt 2B 24-May-18 NJ Teterboro Teterboro 8/8121 4/11/18 VOR/DME RWY 6, Orig-D 24-May-18 NJ Teterboro Teterboro 8/8122 4/11/18 VOR RWY 24, Orig-D 24-May-18 LA Ruston Ruston Rgnl 8/8418 4/6/18 NDB RWY 18, Orig-D 24-May-18 LA Ruston Ruston Rgnl 8/8420 4/6/18 RNAV (GPS) RWY 18, Orig-A 24-May-18 LA Ruston Ruston Rgnl 8/8424 4/6/18 RNAV (GPS) RWY 36, Orig-A 24-May-18 MA Hyannis Barnstable Muni-Boardman/Polando Field 8/8563 4/11/18 ILS OR LOC RWY 15, Amdt 5 24-May-18 MA Hyannis Barnstable Muni-Boardman/Polando Field 8/8564 4/11/18 RNAV (GPS) RWY 15, Orig-A 24-May-18 WI Milwaukee Lawrence J Timmerman 8/9042 4/9/18 RNAV (GPS) RWY 4L, Orig-B 24-May-18 WI Milwaukee Lawrence J Timmerman 8/9044 4/9/18 RNAV (GPS) RWY 15L, Orig-B 24-May-18 WI Milwaukee Lawrence J Timmerman 8/9051 4/9/18 RNAV (GPS) RWY 22R, Orig-C 24-May-18 NJ Teterboro Teterboro 8/9174 4/13/18 VOR/DME-B, Amdt 2D 24-May-18 WI Milwaukee Lawrence J Timmerman 8/9495 4/9/18 VOR RWY 4L, Amdt 9B 24-May-18 WI Milwaukee Lawrence J Timmerman 8/9497 4/9/18 LOC RWY 15L, Amdt 6B 24-May-18 MN Mora Mora Muni 8/9655 4/6/18 NDB RWY 35, Orig 24-May-18 MN Mora Mora Muni 8/9656 4/6/18 RNAV (GPS) RWY 35, Orig-A 24-May-18 MN Mora Mora Muni 8/9657 4/6/18 Takeoff Minimums and Obstacle DP, Orig 24-May-18 IA Decorah Decorah Muni 8/9849 4/6/18 RNAV (GPS) RWY 11, Orig-C
    [FR Doc. 2018-09565 Filed 5-7-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 11 and 101 [Docket No. FDA-2011-F-0172] Menu Labeling: Supplemental Guidance for Industry; Availability AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notification of availability.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is announcing the availability of a guidance for industry entitled “Menu Labeling: Supplemental Guidance for Industry.” The guidance addresses stakeholder concerns regarding the implementation of nutrition labeling required for foods sold in covered establishments, includes expanded and new examples of alternatives to aid in compliance, identifies places where we intend to be more flexible in our approach, and advises of our intent to exercise enforcement discretion regarding nutrient declaration for “calories from fat” as part of the additional written nutrition information. The guidance also includes many graphical depictions to convey our thinking on various topics and to provide examples of options for implementation, and addresses calorie disclosure signage for self-service foods, including buffets and grab-and-go foods; reasonable basis, and the criteria for considering the natural variation of foods, when determining nutrition labeling for such foods; various methods for providing calorie disclosure information, including those for pizza; compliance and enforcement; and criteria for distinguishing between menus and other information presented to the consumer.

    DATES:

    The announcement of the guidance is published in the Federal Register on May 8, 2018.

    ADDRESSES:

    You may submit either electronic or written comments on FDA 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-2011-F-0172 for “Menu Labeling: Supplemental Guidance for Industry.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

    Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” We will review this copy, including the claimed confidential information, in our consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    You may submit comments on any guidance at any time (see 21 CFR 10.115(g)(5)).

    Submit written requests for single copies of the guidance to the Office of Nutrition and Food Labeling (HFS-800), Center for Food Safety and Applied Nutrition, Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740. Send two self-addressed adhesive labels to assist that office in processing your request. See the SUPPLEMENTARY INFORMATION section for electronic access to the guidance.

    FOR FURTHER INFORMATION CONTACT:

    Loretta A. Carey, Center for Food Safety and Applied Nutrition (HFS-820), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 240-402-2371.

    SUPPLEMENTARY INFORMATION:

    I. Background

    We are announcing the availability of a guidance for industry entitled “Menu Labeling: Supplemental Guidance for Industry.” We are issuing this guidance consistent with our good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on this topic. 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.

    In the Federal Register of December 1, 2014 (79 FR 71156), we published a final rule on nutrition labeling of standard menu items in restaurants and similar retail food establishments to implement the menu labeling provisions of section 403(q)(5)(H) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343(q)(5)(H)). The menu labeling requirements are codified at Title 21 of the Code of Federal Regulations, § 101.11 (21 CFR 101.11).

    In the Federal Register of May 4, 2017 (82 FR 20825), we published an interim final rule extending the compliance date to May 7, 2018. Our goals are to ensure that consumers are provided with consistent nutrition information they can use to make informed choices for themselves and their families, and to guide industry in clearly understanding the flexible ways in which the requirements can be implemented.

    In the Federal Register of November 9, 2017 (82 FR 52036), we made available a draft guidance for industry entitled “Menu Labeling: Supplemental Guidance for Industry” and gave interested parties an opportunity to submit comments by January 8, 2018, for us to consider before beginning work on the final version of the guidance. The draft guidance addressed concerns raised by stakeholders regarding the implementation of nutrition labeling required for foods sold in covered establishments. It included expanded and new examples of alternatives to aid in compliance and identified places where we intend to be more flexible in our approach. The draft guidance also included many graphical depictions to convey our thinking on various topics and to provide examples of options for implementation. It addressed calorie disclosure signage for self-service foods, including buffets and grab-and-go foods; reasonable basis, and the criteria for considering the natural variation of foods; various methods for providing calorie disclosure information, including those for pizza; compliance and enforcement; and criteria for distinguishing between menus and other information presented to the consumer.

    We received numerous comments on the draft guidance and have modified the final guidance where appropriate. Changes to the guidance include adding new questions and answers 3.4, 3.5, and 8.3 and Figures 12, 13, 16, 17, and 18. In addition, we made editorial changes to improve clarity in questions and answers 4.1, 5.4, 6.2, 7.1, 8.1, 10.1, and 10.2 and clarified the headings for the graphics in Figures 3 and 14.

    In addition, the final guidance announces our intent to exercise enforcement discretion regarding the “calories from fat” nutrient declaration requirement as part of the additional written nutrition information required in § 101.11(b)(2)(ii)(A). As discussed in the final guidance, we are taking this position because the current science supports a view that the type of fat is more relevant with respect to the risk of chronic disease than the overall caloric fat intake, and to align with the final rule, “Food Labeling: Revision of the Nutrition and Supplement Facts Labels” (81 FR 33742, May 27, 2016). (Our current thinking on this issue is discussed in the preamble to the final rule titled, “Food Labeling: Revision of the Nutrition and Supplement Facts Labels” (81 FR 33742 at 33780 through 33781) now codified primarily at 21 CFR 101.9 and 101.36). With respect to our enforcement discretion policy pertaining to “calories from fat” declarations, this part of the guidance is immediately effective because we have determined that prior public participation is not feasible or appropriate (21 CFR 10.115(g)(2)). The guidance announced in this notice finalizes the draft guidance dated November 2017.

    II. Paperwork Reduction Act of 1995

    This guidance refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in § 101.11(b)(2), (c)(3), and (d) have been approved under OMB control number 0910-0783.

    III. Electronic Access

    Persons with access to the internet may obtain the guidance at either https://www.fda.gov/FoodGuidances or https://www.regulations.gov. Use the FDA website listed in the previous sentence to find the most current version of the guidance.

    Dated: May 3, 2018. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2018-09725 Filed 5-7-18; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 147 [Docket Number USCG-2017-0446] RIN 1625-AA00 Safety Zone; Appomattox FPS, Mississippi Canyon 437, Outer Continental Shelf on the Gulf of Mexico AGENCY:

    Coast Guard, DHS.

    ACTION:

    Final rule.

    SUMMARY:

    The Coast Guard is establishing a permanent safety zone extending 500 meters around the Appomattox Floating Production System (FPS) facility located in Mississippi Canyon Block 437 on the Outer Continental Shelf (OCS) in the Gulf of Mexico. This action is necessary to protect the facility from all vessels operating outside the normal shipping channels and fairways that are not providing services to or working with the facility. Only vessels measuring less than 100 feet in length overall and not engaged in towing, attending vessels as defined in 33 CFR 147.20, or those vessels specifically authorized by the Eighth Coast Guard District Commander or a designated representative are permitted to enter or remain in the safety zone.

    DATES:

    This rule is effective on May 8, 2018.

    ADDRESSES:

    To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2017-0446 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 Ms. Laura Knoll, U.S. Coast Guard, District Eight Waterways Management Branch; telephone 504-671-2139, [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FPS Floating production system FR  Federal Register NPRM Notice of proposed rulemaking OCS Outer Continental Shelf § Section U.S.C. United States Code II. Background Information and Regulatory History

    Shell Exploration and Production Co. requested that the Coast Guard establish an Outer Continental Shelf (OCS) safety zone extending 500 meters from each point on the Appomattox Floating Production System (FPS) facility structure's outermost edge. In response to Shell Exploration and Production Co.'s request and on the basis of the District Commander's safety analysis, on March 20, 2018, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone; Appomattox FPS, Mississippi Canyon 437, Outer Continental Shelf on the Gulf of Mexico (83 FR 12144). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to establishing the 500-meter safety zone. During the comment period that ended on April 19, 2018, we received no comments.

    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 contrary to the public interest because immediate action is needed to respond to the potential safety concerns and hazards that could occur within 500 meters of the facility.

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority provided in 14 U.S.C. 85, 43 U.S.C. 1333, and Department of Homeland Security Delegation No. 0170.1(90), and Title 33, CFR 147.1, 147.5, and 147.10. The District Commander determined that placing a safety zone around the facility will significantly reduce the threat of allisions, oil spills, and releases of natural gas, and thereby protect the safety of life, property, and living marine resources. The purpose of this rule is to protect the facility from all vessels operating outside the normal shipping channels and fairways that are not providing services to or working with the facility.

    IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on March 20, 2018. This regulatory text of this final rule contains one technical amendment. In the NPRM, we indicated that permission to enter the safety zone may be obtained from the District Commander or a designated representative in the discussion of the proposed rule but not the regulatory text. This final rule corrects the regulatory text to indicate that permission to enter the safety zone may be obtained from the District Commander or a designated representative.

    This rule establishes a safety zone on the OCS in the deepwater area of the Gulf of Mexico at Mississippi Canyon Block 437. The area for the safety zone is 500 meters (1640.4 feet) from each point on the facility, which is located at 28°34′25.47″ N 87°56′03.11″ W. Only vessels measuring less than 100 feet in length overall and not engaged in towing, attending vessels as defined in 33 CFR 147.20, or those vessels specifically authorized by the Eighth Coast Guard District Commander or a designated representative are permitted to enter or remain in the safety zone.

    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 as 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 safety zone's location and its distance from both land and safety fairways. This rule is not a significant regulatory action due to the location of the Appomattox FPS on the Outer Continental Shelf, and its distance from both land and safety fairways. Vessels traversing waters near the proposed safety zone are able to safely travel around the zone using alternate routes. Exceptions to this rule also include vessels measuring less than 100 feet in length overall and not engaged in towing and attending vessels as defined in 33 CFR 147.20. In addition, the Eighth Coast Guard District Commander or a designated representative will consider requests to enter or transit through the safety zone on a case-by-case basis.

    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 received no comments from the Small Business Administration on this rulemaking. 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 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section.

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    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 determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves establishing a safety zone around an offshore deepwater facility. 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 147

    Continental shelf, Marine safety, Navigation (water).

    For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 147 as follows:

    PART 147—SAFETY ZONES 1. The authority citation for part 147 continues to read as follows: Authority:

    14 U.S.C. 85; 43 U.S.C. 1333; and Department of Homeland Security Delegation No. 0170.1.

    2. Add § 147.869 to read as follows:
    § 147.869 Safety Zone; Appomattox FPS Facility, Outer Continental Shelf on the Gulf of Mexico.

    (a) Description. The Appomattox Floating Production System (FPS) system is in the deepwater area of the Gulf of Mexico at Mississippi Canyon Block 437. The facility is located at 28°34′25.47″ N 87°56′03.11″ W (NAD 83), and the area within 500 meters (1640.4 feet) from each point on the facility structure's outer edge is a safety zone.

    (b) Regulation. No vessel may enter or remain in this safety zone except the following:

    (1) An attending vessel, as defined by 33 CFR 147.20;

    (2) A vessel under 100 feet in length overall not engaged in towing; or

    (3) A vessel authorized by the Eighth Coast Guard District Commander or a designated representative.

    Dated: May 2, 2018. Paul F. Thomas, Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
    [FR Doc. 2018-09789 Filed 5-7-18; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900-AP23 Special Monthly Compensation for Veterans With Traumatic Brain Injury AGENCY:

    Department of Veterans Affairs.

    ACTION:

    Final rule.

    SUMMARY:

    The Department of Veterans Affairs (VA) amends its adjudication regulations to add an additional compensation benefit for veterans with residuals of traumatic brain injury (TBI). This final rule incorporates in regulations a benefit authorized by the enactment of the Veterans' Benefits Act of 2010. The Veterans' Benefits Act authorizes special monthly compensation (SMC) for veterans with TBI who are in need of aid and attendance, and in the absence of such aid and attendance, would require hospitalization, nursing home care, or other residential institutional care.

    DATES:

    Effective Date: This final rule is effective June 7, 2018.

    Applicability Date: The provisions of this final rule shall apply to all applications for benefits received by VA on or after October 1, 2011, or that were pending before VA, the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit on October 1, 2011.

    FOR FURTHER INFORMATION CONTACT:

    Roselyn Tyson, Regulations Staff (211D), Compensation Service, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-9700. (This is not a toll-free telephone number.)

    SUPPLEMENTARY INFORMATION:

    On December 21, 2016, VA published in the Federal Register (81 FR 93649) a proposed rule to amend 38 CFR 3.350 and 3.352 to add SMC for veterans with residuals of TBI. As explained in the proposed rule, section 601 of the Veterans' Benefits Act of 2010, Public Law 111-275 (the Veterans' Benefits Act) authorized SMC for veterans who, as the result of service-connected disability, are in need of regular aid and attendance for the residuals of TBI, and in the absence of such regular aid and attendance, would require hospitalization, nursing home care, or other residential institutional care. Effective October 1, 2011, section 601 authorized an additional monetary allowance for veterans with residuals of TBI who require this higher level of care but would not otherwise qualify for the benefit under 38 U.S.C. 1114(r)(2).

    To date, VA has relied on non-regulatory guidance to implement section 601 of the Veterans' Benefits Act. By issuing this final rule, VA updates its adjudication regulations to reflect the authorization provided by section 601.

    Response to Public Comments

    As noted above, VA published the proposed rule in the Federal Register (81 FR 93649) on December 21, 2016. VA provided a 60-day public comment period, which ended on February 21, 2017, and received two comments. VA responds to all comments as follows. For the reasons set forth in the proposed rule and below, VA adopts the proposed rule as final, without changes.

    Both commenters expressed support for the rulemaking, noting that SMC should be awarded for TBI. VA appreciates the time and effort expended by these commenters in reviewing the proposed rule and in submitting comments, as well as their support for this rulemaking.

    One commenter stated that this rulemaking should restrict the use of SMC payments to treatment for TBI. The commenter noted that application for SMC funds should be made on a yearly basis and the funds should be applied specifically for medical care of the TBI. VA notes that it has no authority to direct how payments are used once awarded to a veteran; VA only has legal authority to determine benefit eligibility and entitlement.

    The same commenter stated that application of SMC should be limited to claims where TBI that was incurred in the line of duty and was not a result of self-inflicted injury, and the veteran applying for the benefit was not dishonorably discharged. This commenter also appears to suggest that posttraumatic stress disorder (PTSD) be included in the definition of a TBI and provided examples of individuals who may have benefited from this approach.

    While any injury outside the line of duty would not be service connected, we note that the occurrence of such an injury is interpreted very broadly. See Holton v. Shinseki, 557 F.3d 1362, 1366-67 (Fed. Cir. 2009) (explaining that an injury or disease will be deemed to have been incurred in the line of duty if it occurred at almost any time during a veteran's active service—even during authorized leave). With regard to the commenter's statement that self-inflicted injuries should not be the basis for service-connected TBI for SMC, we note that self-inflicted injuries generally would not be covered to the extent they constituted willful misconduct. Whether or not a given self-injury rises to the level of willful misconduct is a case specific factual determination that is separate from the level of compensation at stake, which is what is affected by this rule. See 38 CFR 3.301. While the commenter also expressed that SMC based on service-connected TBI should not be available to individuals with a dishonorable discharge, VA statutes and regulations preclude veteran status and benefits for individuals with a dishonorable discharge. 38 U.S.C. 101(2); 38 CFR 3.12(a). Finally, in response to the commenter's last assertion that VA should define whether PTSD “is included under the definition of [TBI],” we note that PTSD is already a disability available for VA service connection and rating as a mental disorder under 38 CFR 4.130, Diagnostic Code 9411. Therefore, VA already compensates veterans for service-connected PTSD, including with PTSD that is somehow causally related to TBI.

    In any case, the general eligibility criteria for SMC and the definition of TBI are outside the scope of this rulemaking. Therefore, VA makes no change based on these comments.

    The second commenter stated that veterans with TBI should have always qualified for maximum monthly relief. VA notes that SMC is authorized by statute, and prior to the enactment of the Veterans' Benefits Act, VA lacked the statutory authority to provide the level of SMC contemplated in the Act for TBI. The commenter also noted the length of time it took to authorize and implement SMC for TBI. As noted above, VA has to date relied on non-regulatory guidance to implement the statutory authorization for SMC for TBI. Finally, the commenter stated that VA should provide coverage to veterans for all injuries, not just TBI. As noted above, the requirements for service connection, including for disabilities other than TBI, are beyond the scope of this rulemaking. Therefore, VA makes no change based on this comment.

    Executive Orders 12866, 13563 and 13771

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a “significant regulatory action” requiring review by the Office of Management and Budget (OMB), unless OMB waives such review, as “any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order”.

    The economic, interagency, budgetary, legal, and policy implications of this regulatory action have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866. VA's impact analysis can be found as a supporting document at http://www.regulations.gov, usually within 48 hours after the rulemaking document is published. Additionally, a copy of this rulemaking and its impact analysis are available on VA's website at http://www.va.gov/orpm/, by following the link for “VA Regulations Published From FY 2004 Through Fiscal Year to Date.” This final rule is not an E.O. 13771 regulatory action because this final rule is not significant under E.O. 12866.

    Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-612). This final rule will directly affect only individuals and will not directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604.

    Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, requires that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This final rule will have no such effect on State, local, and tribal governments, or on the private sector.

    Paperwork Reduction Act

    Although this document contains provisions constituting a collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), no new or proposed revised collections of information are associated with this final rule. The information collection requirements are currently approved by the Office of Management and Budget (OMB) and have been assigned OMB control number 2900-0721. Since this collection was revised several years after the implementation of the Veterans' Benefit Act of 2010 and VBA's interim guidance, VA concludes that any new respondents have been captured in the existing respondent numbers. See Regulatory Impact Analysis for a full explanation.

    Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number and title for the program affected by this document is 64.109, Veterans Compensation for Service-Connected Disability.

    Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Jacquelyn Hayes-Byrd, Deputy Chief of Staff, Department of Veterans Affairs, approved this document on May 2, 2018, for publication.

    List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, Health care, Pensions, Radioactive materials, Veterans, Vietnam.

    Dated: May 2, 2018. Jeffrey M. Martin, Impact Analyst, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs.

    For the reasons stated in the preamble to this final rule, VA amends 38 CFR part 3 as follows:

    PART 3—ADJUDICATION Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation 1. The authority citation for part 3, subpart A, continues to read as follows: Authority:

    38 U.S.C. 501(a), unless otherwise noted.

    2. Amend § 3.350 by adding paragraph (j) and a parenthetical authority citation to read as follows:
    § 3.350 Special monthly compensation ratings.

    (j) Special aid and attendance benefit for residuals of traumatic brain injury (38 U.S.C. 1114(t)). The special monthly compensation provided by 38 U.S.C. 1114(t) is payable to a veteran who, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for compensation under 38 U.S.C. 1114(r)(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care. Determination of this need is subject to the criteria of § 3.352.

    (1) A veteran described in this paragraph (j) shall be entitled to the amount equal to the compensation authorized under 38 U.S.C. 1114(o) or the maximum rate authorized under 38 U.S.C. 1114(p) and, in addition to such compensation, a monthly allowance equal to the rate described in 38 U.S.C. 1114(r)(2) during periods he or she is not hospitalized at United States Government expense. (See § 3.552(b)(2) as to continuance following admission for hospitalization.)

    (2) An allowance authorized under 38 U.S.C. 1114(t) shall be paid in lieu of any allowance authorized by 38 U.S.C. 1114(r)(1).

    (Authority: 38 U.S.C. 501, 38 U.S.C. 1114(t))
    3. Amend § 3.352 by: a. In paragraph (b)(1)(iii), removing the phrase “paragraph (b)(2)” and in its place adding the phrase “paragraph (b)(3)”; b. Redesignating paragraphs (b)(2) through (5) as (b)(3) through (6); c. Adding new paragraph (b)(2); d. In newly redesignated paragraph (b)(4), removing the phrase “paragraph (b)(2)” and in its place adding the phrase “paragraph (b)(3)”; e. Removing the parenthetical authority citation at the end of paragraph (b); and f. Adding a parenthetical authority citation at the end of the section.

    The additions read as follows:

    § 3.352 Criteria for determining need for aid and attendance and “permanently bedridden.”

    (b) * * *

    (2) A veteran is entitled to the higher level aid and attendance allowance authorized by § 3.350(j) in lieu of the regular aid and attendance allowance when all of the following conditions are met:

    (i) As a result of service-connected residuals of traumatic brain injury, the veteran meets the requirements for entitlement to the regular aid and attendance allowance in paragraph (a) of this section.

    (ii) As a result of service-connected residuals of traumatic brain injury, the veteran needs a “higher level of care” (as defined in paragraph (b)(3) of this section) than is required to establish entitlement to the regular aid and attendance allowance, and in the absence of the provision of such higher level of care the veteran would require hospitalization, nursing home care, or other residential institutional care.

    (Authority: 38 U.S.C. 501, 1114(r)(2), 1114(t))
    4. Amend § 3.552 by: a. In paragraph (b)(2), removing “38 U.S.C. 1114(r) (1) or (2)” and adding in its place “38 U.S.C. 1114(r)(1) or (2) or 38 U.S.C. 1114(t)”; b. Removing the parenthetical authority citation at the end of paragraph (b); and c. Adding a parenthetical authority citation at the end of the section.

    The addition reads as follows:

    § 3.552 Adjustment of allowance for aid and attendance. (Authority: 38 U.S.C. 5503(c))
    [FR Doc. 2018-09736 Filed 5-7-18; 8:45 am] BILLING CODE 8320-01-P
    83 89 Tuesday, May 8, 2018 Proposed Rules DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2018-0014] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Immigration and Customs Enforcement-007 Criminal History and Immigration Verification (CHIVe) System of Records AGENCY:

    Department of Homeland Security.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Department of Homeland Security (DHS) is giving concurrent notice of a modified, renamed, and reissued system of records pursuant to the Privacy Act of 1974 for the “Department of Homeland Security/U.S. Immigration and Customs Enforcement-007 Alien Criminal Response Information Management System of Records” and this proposed rulemaking. In this proposed rulemaking, the Department proposes to rename the system Criminal History and Immigration Verification, and exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

    DATES:

    Comments must be received on or before June 7, 2018.

    ADDRESSES:

    You may submit comments, identified by docket number DHS-2018-0014, by one of the following methods:

    Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Fax: 202-343-4010.

    Mail: Philip S. Kaplan, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.

    Instructions: All submissions received must include the agency name and docket number DHS-2018-0014. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    For general questions please contact: Amber Smith, (202-732-3300), [email protected], Privacy Officer, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC 20536. For privacy issues please contact: Philip S. Kaplan, [email protected], (202-343-1717), Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.

    SUPPLEMENTARY INFORMATION:

    I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS U.S. Immigration and Customs Enforcement (ICE) proposes to modify, rename, and reissue a current DHS Privacy Act system of records notice (SORN) titled, “DHS/ICE-007 Alien Criminal Response Information Management (ACRIMe)” 78 FR 10623 (Feb. 14, 2013). ICE had previously issued a Final Rule for this SORN on Aug. 31, 2009, published at 74 FR 45079. As a result of the modifications to this SORN, DHS/ICE is proposing to issue this new rule.

    DHS/ICE update to ACRIMe includes several changes. First, the system of records is being renamed “Criminal History and Immigration Verification (CHIVe)” to better align with the purpose of the system. This system of records covers records documenting inquiries received from federal, state, and local law enforcement agencies so ICE can check the immigration status and criminal history of individuals who are arrested or otherwise encountered by those agencies; and other federal agencies for screening (including as part of background checks being conducted by those agencies) to inform those agencies' determinations regarding suitability for employment, access, sponsorship of an unaccompanied alien child, or other purposes or otherwise encountered by those agencies.

    Second, DHS is adding a purpose of the system, as ICE will now screen individuals seeking approval from the Department of Health and Human Services (HHS) to sponsor an unaccompanied alien child, as well as other adult members of the potential sponsor's household, to verify or ascertain citizenship or immigration status, immigration history, and criminal history.

    Third, DHS is clarifying that the Department may use information maintained in this system of records for other purposes consistent with its statutory authorities.

    Fourth, this update adds a new category of individuals: Those seeking approval from HHS to sponsor an unaccompanied alien child and/or other adult members of the potential sponsor's household.

    Fifth, DHS is adding one category of records to include biometrics for potential sponsors and/or other adult members of the potential sponsor's household. DHS has also modified a category of records to include citizenship or immigration status and criminal and immigration history information for sponsorship of unaccompanied alien children.

    Sixth, DHS is adding one new routine use that would allow ICE to share from this system of records the results of screening of potential sponsors and adult members of their households with HHS to inform HHS's determination whether to grant sponsor applications. DHS is also modifying routine use (E) and adding routine use (F) to conform to Office of Management and Budget (OMB) Memorandum M-17-12 “Preparing for and Responding to a Breach of Personally Identifiable Information” (Jan. 3, 2017).

    Seventh, DHS is revising the records retention periods so that they align with the records retention schedule approved by the National Archives and Records Administration (NARA).

    Finally, DHS is modifying this SORN since this system will no longer store information pertaining to the collection, processing, and response to public tip information concerning customs and immigration violations, suspicious activity, or other law enforcement matters. ICE will continue to collect information about individuals reporting tips, the subjects of such tips, and any information ICE collects in following up on a tip in the DHS/ICE-016 FALCON Search and Analysis System of Records, 82 FR 20905 (May 4, 2017).

    As a result, the following changes are being made: (1) Two categories of individuals are being removed from the system—individuals who report tips and individuals about whom those reports are made; (2) two categories of records are being removed from the system—those public tip records, which consist of information contained in tips received from the public or other sources regarding customs and immigration violations, other actual or potential violations of law, and suspicious activities; and also records created pertaining to ICE's follow-up activities regarding a tip; (3) one routine use is being removed from the system that allows DHS to disclose reports of suspicious activity, tips, potential violations of law, and other relevant information to external law enforcement agencies; and (4) four purposes for the collection of information are being removed from the system. Purpose (4) in the prior iteration of this SORN has been removed as it pertains to public tip records. Purposes (5), (6), and (7) have been removed since these purposes are more focused on ICE's Law Enforcement Support Center (LESC) rather than the system as a whole.

    A more complete description of the changes to this SORN can be found in the publication of this modified SORN found elsewhere in the Federal Register. Further, this modified system of records and rule will be included in DHS's inventory of record systems.

    II. Privacy Act

    The Privacy Act embodies fair information practice principles in a statutory framework governing the means by which Federal Government agencies collect, maintain, use, and disseminate personally identifiable information. The Privacy Act applies to information that is maintained in a “system of records.” A “system of records” is a group of any records under the control of an agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass U.S. citizens and lawful permanent residents. Additionally, the Judicial Redress Act (JRA) provides a statutory right to covered persons to make requests for access and amendment to covered records, as defined by the JRA, along with judicial review for denials of such requests. In addition, the JRA prohibits disclosures of covered records, except as otherwise permitted by the Privacy Act.

    The Privacy Act allows government agencies to exempt certain records from portions of the Act. If an agency claims an exemption, however, it must issue a Notice of Proposed Rulemaking to make clear to the public the reasons why a particular exemption is claimed.

    DHS is claiming exemptions from certain requirements of the Privacy Act for DHS/ICE-007 Criminal History and Immigration Verification (CHIVe) System of Records. Some information in DHS/ICE-007 Criminal History and Immigration Verification (CHIVe) System of Records relates to official DHS national security, law enforcement, immigration, and intelligence activities. These exemptions are needed to protect information relating to DHS activities from disclosure to subjects or others related to these activities. Specifically, the exemptions are required to preclude subjects of these activities from frustrating these processes; to avoid disclosure of activity techniques; to protect the identities and physical safety of confidential informants and law enforcement personnel; to ensure DHS' ability to obtain information from third parties and other sources; to protect the privacy of third parties; and to safeguard classified information. Disclosure of information to the subject of the inquiry could also permit the subject to avoid detection or apprehension.

    In appropriate circumstances, where compliance would not appear to interfere with or adversely affect the law enforcement purposes of this system and the overall law enforcement process, the applicable exemptions may be waived on a case by case basis.

    A SORN for DHS/ICE-007 Criminal History and Immigration Verification (CHIVe) System of Records is also published in this issue of the Federal Register.

    List of Subjects in 6 CFR Part 5

    Freedom of information; Privacy.

    For the reasons stated in the preamble, DHS proposes to amend chapter I of title 6, Code of Federal Regulations, as follows:

    PART 5—DISCLOSURE OF RECORDS AND INFORMATION 1. Revise the authority citation for Part 5 to read as follows: Authority:

    6 U.S.C. 101 et seq.; Pub. L. 107-296, 116 Stat. 2135; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552. Subpart B also issued under 5 U.S.C. 552a.

    2. In Appendix C to Part 5, revise paragraph 28. to read as follows: Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act

    28. The DHS/ICE-007 Criminal History and Immigration Verification (CHIVe) System of Records covers electronic and paper records and will be used by DHS and its components. The DHS/ICE-007 Criminal History and Immigration Verification (CHIVe) System of Records covers information held by DHS/ICE in connection with its several and varied missions and functions, including, the enforcement of civil and criminal laws; investigations, inquiries, and proceedings there under; and national security and intelligence activities. The DHS/ICE-007 Criminal History and Immigration Verification (CHIVe) System of Records contains information that is collected by, on behalf of, in support of, or in cooperation with DHS and its components and may contain personally identifiable information collected by other Federal, state, local, tribal, foreign, or international government agencies. The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), has exempted this system from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), (e)(8); (f); and (g). Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(2), has exempted this system from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H); and (f). Exemptions from these particular subsections are justified, on a case-by-case basis to be determined at the time a request is made, for the following reasons:

    (a) From subsection (c)(3) and (4) (Accounting for Disclosures) because release of the accounting of disclosures could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS as well as the recipient agency. Disclosure of the accounting would therefore present a serious impediment to law enforcement efforts and/or efforts to preserve national security. Disclosure of the accounting would also permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension, which would undermine the entire investigative process.

    (b) From subsection (d) (Access to Records) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS or another agency. Access to the records could permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension. From subsection (d) (Amendment to Records) because permitting amendment of records could interfere with ongoing investigations and law enforcement activities and would impose an unreasonable administrative burden by requiring investigations to be continually reinvestigated. In addition, permitting access and amendment to such information could disclose security-sensitive information that could be detrimental to homeland security.

    (c) From subsection (e)(1) (Relevancy and Necessity of Information) because in the course of investigations into potential violations of federal law, the accuracy of information obtained or introduced occasionally may be unclear, or the information may not be strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of unlawful activity.

    (d) From subsection (e)(2) (Collection of Information from Individuals) because requiring that information be collected from the subject of an investigation would alert the subject to the nature or existence of the investigation, thereby interfering with that investigation and related law enforcement activities.

    (e) From subsection (e)(3) (Notice to Subjects) because providing such detailed information could impede law enforcement by compromising the existence of a confidential investigation or reveal the identity of witnesses or confidential informants.

    (f) From subsections (e)(4)(G), (e)(4)(H), (e)(4)(I), (Agency Requirements) and (f) (Agency Rules), because portions of this system are exempt from the individual access provisions of subsection (d) for the reasons noted above, and therefore DHS is not required to establish requirements, rules, or procedures with respect to such access. Providing notice to individuals with respect to existence of records pertaining to them in the system of records or otherwise setting up procedures pursuant to which individuals may access and view records pertaining to themselves in the system would undermine investigative efforts and reveal the identities of witnesses, and potential witnesses, and confidential informants.

    (g) From subsection (e)(5) (Collection of Information) because with the collection of information for law enforcement purposes, it is impossible to determine in advance what information is accurate, relevant, timely, and complete. Compliance with subsection (e)(5) would preclude DHS agents from using their investigative training and exercise of good judgment to both conduct and report on investigations.

    (h) From subsection (e)(8) (Notice on Individuals) because compliance would interfere with DHS's ability to obtain, serve, and issue subpoenas, warrants, and other law enforcement mechanisms that may be filed under seal and could result in disclosure of investigative techniques, procedures, and evidence.

    (i) From subsection (g) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act.

    Philip S. Kaplan Chief Privacy Officer, Department of Homeland Security.
    [FR Doc. 2018-09906 Filed 5-7-18; 8:45 am] BILLING CODE 9111-28-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0327; Product Identifier 2018-CE-001-AD] RIN 2120-AA64 Airworthiness Directives; Learjet, Inc. Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Learjet, Inc. Models 28, 29, 31, 31A, 35, 35A, 36, 36A, 55, 55B, 55C, and 60 airplanes. This proposed AD was prompted by fatigue cracks initiating in the flap support structure due to repetitive flap loads, which has caused flap nose roller support bracket failure. This proposed AD would require replacement of the flap nose roller fitting, nose roller support bracket, and adjacent rib support structure with more robust components. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by June 22, 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 Learjet, Inc., One Learjet Way, Wichita, Kansas 67209; telephone: 316-946-2000; email: [email protected]; internet: https://www.bombardier.com. You may view this service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    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-2018-0327; 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 NPRM, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (phone: 800-647-5527) is listed above. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Tara Shawn, Aerospace Engineer, Wichita ACO Branch, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946-4141; fax: (316) 946-4107; email: [email protected] or [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-2018-0327; Product Identifier 2018-CE-001-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 a report of skewed flap and aileron binding due to fatigue cracks in the flap support structure caused by repetitive flap loads on a Learjet, Inc. Model 31A. As of June 2017, cracks in the flap support structure were reported (due to Alert Service Bulletins published in March 2017) on Models 31, 31A, 35A, 55, and 60 airplanes. Repetitive flap loads occur on all models identified by this proposed AD. Failure of the flap nose roller support bracket allows skewed flap and aileron binding, which can cause loss of roll control on approach. This condition, if not addressed, could result in loss of control.

    Although there have been no reports of cracks on the Models 28, 29, 35, 36, 36A, 55B, and 55C airplanes, these airplanes do incorporate the same design flap support structure.

    Related Service Information Under 1 CFR Part 51

    We reviewed Bombardier Learjet 28/29 Service Bulletin (SB) 28/29-27-31 Recommended, dated September 11, 2017; Bombardier Learjet 31 SB 31-27-35 Recommended, dated September 11, 2017; Bombardier Learjet 35/36 SB 35/36 -27-50 Recommended, dated September 11, 2017; Bombardier Learjet 55 SB 55-27-41 Recommended, dated September 11, 2017; and Bombardier Learjet 60 SB 60-27-39 Recommended, Revision 1, dated January 15, 2018. For the applicable models, the service information describes procedures for replacement of the flap nose roller fitting, nose roller support bracket, and adjacent rib support structure with improved components. The service information also contains instructions to ensure correct flap alignment. 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 accomplishing the actions specified in the service information described previously.

    Differences Between This Proposed AD and the Service Information

    The published service information does not list Models 31A, 35A, 36A, 55B, or 55C as affected models. However, the serial numbers in the service information does reflect these models. The serial numbers in the service information (except for Models 28/29) does not start with -001, but the effectivity in this AD starts with -001 for all models. The service information for all models also specifies to submit a compliance response form to the manufacturer; however, this AD does not require that action.

    Costs of Compliance

    We estimate that this proposed AD affects 706 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
  • Replacement of flap nose roller fitting, nose roller support bracket, and adjacent rib support structure with improved components 188 work-hours × $85 per hour = $15,980 $12,213 $28,193 $19,904,258 * Parts cost is an average of the composite costs for replacement of all of the kits per airplane. Not all airplanes will need all kits, as credit is allowed for some previous installations.
    Individual Parts Cost * Kit No. (K/N) Part cost K/N 2381000-802 $827 K/N 2381000-804 822 K/N 2381000-806 780 K/N 2381000-808 793 K/N 2381000-809 1,358 K/N 2381000-810 1,358 K/N 2381000-811 1,822 K/N 2381000-817 1,674 K/N 2381000-818 1,432 K/N 2381000-819 1,415 K/N 2381000-820 1,912 K/N 2381000-821 1,912 * Parts required for replacement may vary for different models and different airplanes. 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 airworthiness directive (AD): Learjet, Inc.: Docket No. FAA-2018-0327; Product Identifier 2018-CE-001-AD. (a) Comments Due Date

    We must receive comments by June 22, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    (1) This AD applies to the following Learjet, Inc. model airplanes that are certificated in any category:

    EP08MY18.005 (d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 2750, TE Flap Control System.

    (e) Unsafe Condition

    This AD was prompted by reports of fatigue cracks initiating in the flap support structure due to repetitive flap loads. We are issuing this AD to require replacement of the flap nose roller fitting, nose roller support bracket, and adjacent rib support structure with more robust components. The unsafe condition, if not addressed, could cause flap nose roller support bracket failure and allow skewed flap and aileron binding, which could result in loss of roll control on approach with consequent loss of control.

    (f) Compliance

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

    (g) Corrective Action

    (1) For Models 28 and 29 airplanes: (i) Within the next 24 months after the effective date of this AD or within the next 400 landings after the effective date of this AD, whichever occurs first, replace the nose roller fitting, nose roller support bracket, and adjacent rib support structure with replacements parts following the Accomplishment Instructions in Bombardier Learjet 28/29 Service Bulletin (SB) 28/29-27-31 Recommended, dated September 11, 2017.

    (ii) Paragraph 3.B.(1) of the applicable SB for these models that have modified flap roller assemblies requires the operator to contact Learjet Inc. for repair instructions, and after receiving the repair instructions from Learjet, the operator will need to request an AMOC as specified in paragraph (j) of this AD in order to use the repair.

    (2) For Models 31 and 31A airplanes: Within the next 24 months after the effective date of this AD or within the next 400 landings after the effective date of this AD, whichever occurs first, replace the nose roller fitting, nose roller support bracket and adjacent rib support structure with replacements parts following the Accomplishment Instructions in Bombardier Learjet 31 SB 31-27-35 Recommended, dated September 11, 2017.

    (3) For Models 35, 35A, 36, and 36A airplanes: Within the next 24 months after the effective date of this AD or within the next 400 landings after the effective date of this AD, whichever occurs first, replace the nose roller fitting, nose roller support bracket and adjacent rib support structure with replacements parts following the Accomplishment Instructions in Bombardier Learjet 35/36 SB 35/36-27-50 Recommended, dated September 11, 2017.

    (4) For Models 55, 55B, and 55C airplanes: Within the next 24 months after the effective date of this AD or within the next 400 landings after the effective date of this AD, whichever occurs first, replace the nose roller fitting, nose roller support bracket, and adjacent rib support structure with replacements parts following the Accomplishment Instructions in Bombardier Learjet 55 SB 55-27-41 Recommended, dated September 11, 2017.

    (5) For Model 60 airplanes: Within the next 12 months after the effective date of this AD or within the next 200 landings after the effective date of this AD, whichever occurs first, replace the nose roller fitting, nose roller support bracket, and adjacent rib support structure with replacement parts following the Accomplishment Instructions in Bombardier Learjet 60 SB 60-27-39 Recommended, Revision 1, dated January 15, 2018.

    (6) For all airplanes: The compliance times in this AD are presented in landings. If you do not keep a record of the total number of landings, then use a 1-to-1 conversion for hours time-in-service (TIS) to landings. Example: 20 hours TIS = 20 landings.

    (7) For Models 31, 31A, 35, 35A, 36, 36A, 55, 55B, 55C, and 60 airplanes: Paragraph 3.B.(2) of the applicable SBs for these models that have modified flap roller assemblies requires the operator to contact Learjet Inc. for repair instructions, and after receiving the repair instructions from Learjet, the operator will need to request an alternative method of compliance (AMOC) as specified in paragraph (j) of this AD in order to use the repair.

    (h) Credit for Previous Actions

    For Model 60 airplanes: This AD allows credit for actions required in paragraph (g)(5) of this AD if done before the effective date of this AD following Bombardier Learjet 60 SB 60-27-39 Recommended, Basic Issue, dated September 11, 2017.

    (i) No Reporting Requirement

    Although Bombardier Learjet 28/29 SB 28/29-27-31 Recommended, dated September 11, 2017; Bombardier Learjet 31 SB 31-27-35 Recommended, dated September 11, 2017; Bombardier Learjet 35/36 SB 35/36 -27-50 Recommended, dated September 11, 2017; Bombardier Learjet 55 SB 55-27-41 Recommended, dated September 11, 2017; and Bombardier Learjet 60 SB 60-27-39 Recommended, Revision 1, dated January 15, 2018, all specify to submit a compliance response form to the manufacturer per paragraph 3.E., this AD does not require that action.

    (j) Alternative Methods of Compliance (AMOCs)

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

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

    (k) Related Information

    (1) For more information about this AD, contact Tara Shawn, Aerospace Engineer, Wichita ACO Branch, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946-4141; fax: (316) 946-4107; email: [email protected] or [email protected]

    (2) For service information identified in this AD, contact Learjet, Inc., One Learjet Way, Wichita, Kansas 67209; telephone: 316-946-2000; email: [email protected]; internet: https://www.bombardier.com. 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 30, 2018. Melvin J. Johnson, Deputy Director, Policy & Innovation Division, Aircraft Certification Service.
    [FR Doc. 2018-09600 Filed 5-7-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0396; Product Identifier 2017-NM-156-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for all Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes), and Model A310 series airplanes. This proposed AD was prompted by a determination that new or more restrictive maintenance requirements and airworthiness limitations are necessary. This proposed AD would require revising the maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance requirements and airworthiness limitations. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by June 22, 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 Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; internet http://www.airbus.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0396; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Dan Rodina, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3225.

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0396; Product Identifier 2017-NM-156-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM based on those comments.

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

    Discussion

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2017-0202, dated October 12, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Model A300 B4-600, B4-600R, and F4-600R series airplanes, and Model A300 C4-605R Variant F airplanes (collectively called Model A300-600 series airplanes), and Model A310 series airplanes. The MCAI states:

    Maintenance requirements and airworthiness limitations for the Airbus A310, A300-600 and A300-600ST family aeroplanes, which are approved by EASA, are currently defined and published in the Airbus A310 and A300-600 Airworthiness Limitations Section (ALS) documents. The System Equipment Maintenance Requirements (SEMR) for the Airbus A310 and A300-600, are specified in the Airbus A310 and Airbus A300-600 (including A300-600ST) ALS Part 4 documents. These instructions have been identified as mandatory for continuing airworthiness.

    Failure to accomplish these instructions could result in an unsafe condition.

    EASA previously issued AD 2013-0075 [which corresponds to FAA AD 2015-02-16, Amendment 39-18083 (80 FR 5028, January 30, 2015) (“AD 2015-02-16”)] to require the implementation of the maintenance requirements and associated airworthiness limitations as specified in Airbus A310 and A300-600 ALS Part 4 documents at Revision 02.

    Since that [EASA] AD was issued, new or more restrictive maintenance requirements and airworthiness limitations were approved by EASA. Consequently, Airbus published Revision 03 of A310 and A300-600 ALS Part 4 documents, compiling all ALS Part 4 changes approved since previous Revision 02.

    For the reasons described above, this new [EASA] AD retains the requirements of EASA AD 2013-0075, which is superseded, and requires the implementation of the actions specified in Airbus A310 ALS Part 4 Revision 03 and Airbus A300-600 ALS Part 4 Revision 03.

    We are proposing this AD to mitigate the risks associated with the effects of aging on airplane systems. Such effects could change system characteristics, leading to an increased potential for failure of certain life-limited parts, and reduced structural integrity or controllability of the airplane. You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0396.

    Relationship of Proposed AD to AD 2015-02-16

    This NPRM would not supersede AD 2015-02-16. Rather, we have determined that a stand-alone AD would be more appropriate to address the changes in the MCAI. This NPRM would require revising the maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance requirements and airworthiness limitations. Accomplishment of the proposed actions would then terminate all requirements of AD 2015-02-16.

    Related Service Information Under 1 CFR Part 51

    Airbus has issued A310 Airworthiness Limitations Section (ALS) Part 4, “System Equipment Maintenance Requirements (SEMR),” Revision 03, dated August 28, 2017; and A300-600 Airworthiness Limitations Section (ALS) Part 4, “System Equipment Maintenance Requirements (SEMR),” Revision 03, dated August 28, 2017. This service information describes the revision of the maintenance or inspection program, as applicable, to incorporate new maintenance requirements and airworthiness limitations. These documents are distinct since they apply to different airplane models. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination and Requirements of This Proposed AD

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

    This proposed AD would require revisions to certain operator maintenance documents to include new actions (e.g., inspections). Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (j)(1) of this proposed AD. The request should include a description of changes to the required actions that will ensure the continued operational safety of the airplane.

    Differences Between This Proposed AD and the MCAI or Service Information

    The MCAI specifies that if there are findings from the ALS inspection tasks, corrective actions must be accomplished in accordance with Airbus maintenance documentation. However, this proposed AD does not include that requirement. Operators of U.S.-registered airplanes are required by general airworthiness and operational regulations to perform maintenance using methods that are acceptable to the FAA. We consider those methods to be adequate to address any corrective actions necessitated by the findings of ALS inspections required by this proposed AD.

    Costs of Compliance

    We estimate that this proposed AD affects 127 airplanes of U.S. registry.

    We estimate the following costs to comply with this proposed AD:

    We have determined that revising the maintenance or inspection program takes an average of 90 work-hours per operator, although we recognize that this number may vary from operator to operator. In the past, we have estimated that this action takes 1 work-hour per airplane. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), we have determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, we estimate the total cost per operator to be $7,650 (90 work-hours × $85 per work-hour).

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Airbus: Docket No. FAA-2018-0396; Product Identifier 2017-NM-156-AD. (a) Comments Due Date

    We must receive comments by June 22, 2018.

    (b) Affected ADs

    This AD affects AD 2015-02-16, Amendment 39-18083 (80 FR 5028, January 30, 2015) (“AD 2015-02-16”).

    (c) Applicability

    This AD applies to the Airbus airplanes identified in paragraphs (c)(1) through (c)(5) of this AD, certificated in any category, all manufacturer serial numbers.

    (1) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.

    (2) Model A300 B4-605R and B4-622R airplanes.

    (3) Model A300 F4-605R and F4-622R airplanes.

    (4) Model A300 C4-605R Variant F airplanes.

    (5) Model A310-203, -204, -221, -222, -304, -322, -324, and -325 airplanes.

    (d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks.

    (e) Reason

    This AD was prompted by a determination that new or more restrictive maintenance requirements and airworthiness limitations are necessary. We are issuing this AD to mitigate the risks associated with the effects of aging on airplane systems. Such effects could change system characteristics, leading to an increased potential for failure of certain life-limited parts, and reduced structural integrity or controllability of the airplane.

    (f) Compliance

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

    (g) Revision of Maintenance or Inspection Program

    Within 90 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate Airbus A310 Airworthiness Limitations Section (ALS) Part 4, “System Equipment Maintenance Requirements (SEMR),” Revision 03, dated August 28, 2017; or A300-600 Airworthiness Limitations Section (ALS) Part 4, “System Equipment Maintenance Requirements (SEMR),” Revision 03, dated August 28, 2017; as applicable. The initial compliance time for doing the revised actions is at the applicable time specified in Airbus A310 Airworthiness Limitations Section (ALS) Part 4, “System Equipment Maintenance Requirements (SEMR),” Revision 03, dated August 28, 2017, or A300-600 Airworthiness Limitations Section (ALS) Part 4, “System Equipment Maintenance Requirements (SEMR),” Revision 03, dated August 28, 2017, as applicable; or within 90 days after the effective date of this AD; whichever is later.

    (h) No Alternative Actions or Intervals

    After the maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions and intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (j)(1) of this AD.

    (i) Terminating Action for AD 2015-02-16

    Accomplishing the actions required by this AD terminates all requirements of AD 2015-02-16.

    (j) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

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

    (k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2017-0202, dated October 12, 2017, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0396.

    (2) For more information about this AD, contact Dan Rodina, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3225.

    (3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; internet http://www.airbus.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on April 30, 2018. Dionne Palermo, Acting Manager, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-09728 Filed 5-7-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0397; Product Identifier 2017-NM-163-AD] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc., Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. This proposed AD was prompted by a report of cracking at the fastener holes of the left-hand-side support bracket of the elevator bell crank for the control linkage in the vertical stabilizer. This proposed AD would require an eddy current inspection on certain support brackets of the elevator bell crank for any cracking at the fastener holes, a measurement to confirm that the fastener hole diameters are within tolerance, and replacement with a new support bracket of the elevator bell crank if necessary. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by June 22, 2018.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

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

    For service information identified in this NPRM, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email [email protected]; internet http://www.bombardier.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

    Examining the AD Docket

    You may examine the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0397; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Neil Doh, Aerospace Engineer, Aviation Safety Section, FAA, Boston ACO Branch, 1200 District Avenue, Burlington, MA 01803; telephone: 781-238-7757; 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 proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0397; Product Identifier 2017-NM-163-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM based on those comments.

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

    Discussion

    Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian AD CF-2017-32, dated October 10, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes. The MCAI states:

    During a repair on an aircraft in-service, cracking was observed at the fastener holes of the left hand side elevator bell crank support bracket for the control linkage in the vertical stabilizer. Further investigation confirmed the presence of similar cracking on other aircraft on both the left and right hand side brackets. An investigation found that the fastener holes on some brackets did not conform to the required tolerance and fastener installation resulted in fastener hole cracks.

    This [Canadian] AD requires an inspection of both elevator bell crank support brackets, and replacement if they are found cracked or do not meet the required fastener hole tolerance. Left unrepaired, cracking of an elevator bell crank support bracket could lead to detachment of the bracket and loss of functionality of the elevator on the affected side, resulting in reduced controllability of the aircraft. Failure of both brackets could result in loss of pitch control of the aircraft.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0397.

    Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued Service Bulletin 700-27-5009, Revision 01, dated July 18, 2017; and Service Bulletin 700-27-6009, Revision 01, dated July 18, 2017. This service information describes an eddy current inspection on certain support brackets of the elevator bell crank for any cracking at the fastener holes, a measurement to confirm that the fastener hole diameters are within tolerance, and replacement with a new support bracket of the elevator bell crank. These documents are distinct since they apply to different airplane models. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination and Requirements of This Proposed AD

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

    Costs of Compliance

    We estimate that this proposed AD affects 109 airplanes of U.S. registry.

    We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Inspection and measurement 10 work-hours × $85 per hour = $850 $19 $869 $94,721

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

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Replacement 2 work-hours × $85 per hour = $170 $4,798 $4,968

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

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Bombardier, Inc.: Docket No. FAA-2018-0397; Product Identifier 2017-NM-163-AD. (a) Comments Due Date

    We must receive comments by June 22, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Bombardier, Inc., Model BD-700-1A10 and BD-700-1A11 airplanes, certificated in any category, serial numbers 9492 through 9711 inclusive, 9713 through 9717 inclusive, 9719 through 9726 inclusive, 9728, 9730, 9732, 9733, 9743, and 9751.

    (d) Subject

    Air Transport Association (ATA) of America Code 27, Flight controls.

    (e) Reason

    This AD was prompted by a report of cracking at the fastener holes of the left-hand-side support bracket of the elevator bell crank for the control linkage in the vertical stabilizer. We are issuing this AD to detect and correct any cracking in the support bracket of the elevator bell crank, which could lead to detachment of the bracket and loss of functionality of the elevator on the affected side, and result in reduced controllability of the airplane. Failure of both brackets could result in loss of pitch control of the airplane.

    (f) Compliance

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

    (g) Inspection, Measurement, and Corrective Action

    Within 60 months after the effective date of this AD, or before accumulating 7,500 total flight cycles, whichever occurs first: Do an eddy current inspection of the support brackets of the elevator bell crank, part number (P/N) GD248-8750-3 and P/N GD248-8750-4, for any cracking at the fastener holes, and do a measurement to confirm that the fastener hole diameters are within tolerance, as applicable, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 700-27-5009, Revision 01, dated July 18, 2017 (for Model BD-700-1A11 airplanes), or Bombardier Service Bulletin 700-27-6009, Revision 01, dated July 18, 2017 (for Model BD-700-1A10 airplanes). If any cracking is found or if any fastener hole is out of tolerance, before further flight, replace with a new support bracket, in accordance with the Accomplishment Instructions of Bombardier Service Bulletin 700-27-5009, Revision 01, dated July 18, 2017 (for Model BD-700-1A11 airplanes), or Bombardier Service Bulletin 700-27-6009, Revision 01, dated July 18, 2017 (for Model BD-700-1A10 airplanes).

    (h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Bombardier Service Bulletin 700-27-5009, dated May 29, 2017, or Bombardier Service Bulletin 700-27-6009, dated May 29, 2017, as applicable.

    (i) Other FAA AD Provisions

    The following provisions also apply to this AD:

    (1) Alternative Methods of Compliance (AMOCs): The Manager, New York ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to ATTN: Program Manager, Continuing Operational Safety, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; fax 516-794-5531. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

    (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, New York ACO Branch, FAA; or Transport Canada Civil Aviation (TCCA); or Bombardier, Inc.'s TCCA Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature.

    (j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian AD CF-2017-32, dated October 10, 2017, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0397.

    (2) For more information about this AD, contact Neil Doh, Aerospace Engineer, Aviation Safety Section, FAA, Boston ACO Branch, 1200 District Avenue, Burlington, MA 01803; telephone: 781-238-7757; fax: 781-238-7199; email: [email protected].

    (3) For information about AMOCs, contact Aziz Ahmed, Aerospace Engineer, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, New York 11590; telephone: 516-287-7329; fax: 516-794-5531; email: [email protected].

    (4) For service information identified in this AD, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone 514-855-5000; fax 514-855-7401; email [email protected]; internet http://www.bombardier.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on April 30, 2018. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-09729 Filed 5-7-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2018-0366; Product Identifier 2017-NM-166-AD] RIN 2120-AA64 Airworthiness Directives; ATR-GIE Avions de Transport Régional Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for all ATR-GIE Avions de Transport Régional Model ATR42-500 airplanes. This proposed AD was prompted by a determination that more restrictive maintenance requirements and airworthiness limitations are necessary. This proposed AD would require revising the maintenance or inspection program, as applicable, to incorporate new and/or more restrictive maintenance requirements and airworthiness limitations. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by June 22, 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 ATR-GIE Avions de Transport Régional, 1, Allée Pierre Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18; email [email protected]; internet http://www.atr-aircraft.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

    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-2018-0366; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Shahram Daneshmandi, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3220.

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2018-0366; Product Identifier 2017-NM-166-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM based on those comments.

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

    Discussion

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2017-0222R1, dated December 15, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for ATR-GIE Avions de Transport Régional Model ATR42-500 airplanes. The MCAI states:

    The airworthiness limitations and certification maintenance requirements (CMR) for ATR aeroplanes, which are approved by EASA, are currently defined and published in the ATR42-400/-500 Time Limits (TL) document. These instructions have been identified as mandatory for continued airworthiness.

    Failure to accomplish these instructions could result in an unsafe condition [i.e., reduced structural integrity of the airplane].

    Consequently, ATR published Revision 11 Temporary revision 01 of the ATR42-400/-500 TL document, which contains new and/or more restrictive CMRs and airworthiness limitations tasks.

    For the reasons described above, this [EASA] AD requires accomplishment of the actions specified in the ATR42-400/-500 TL document Revision 11 Temporary revision 01, hereafter referred to as `the TLD' in this [EASA] AD.

    This [EASA] AD, in conjunction with two other [EASA] ADs related to ATR42-200/-300/-320 (EASA AD 2017-0221) and ATR72-101/-102/-201/-202/-211/-212/-212A (EASA AD 2017-0223) aeroplanes, retains the requirements of EASA AD 2009-0242 [which corresponds to FAA AD 2008-04-19 R1, Amendment 39-16069 (74 FR 56713, November 3, 2009)] and EASA AD 2012-0193 [which corresponds to FAA AD 2015-26-09, Amendment 39-18357 (81 FR 1483, January 13, 2016)]. Once all these three [EASA] ADs are effective, EASA will cancel EASA AD 2009-0242 and EASA AD 2012-0193.

    This [EASA] AD is revised to provide the correct issue date (03 May 2017) of the TLD. The original [EASA] AD inadvertently referenced the EASA approval date for that document.

    The required actions include revising the maintenance or inspection program, as applicable, to incorporate new and/or more restrictive maintenance requirements and airworthiness limitations. The unsafe condition is reduced structural integrity of the airplane.

    You may examine the MCAI in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0366.

    Relationship Between Proposed AD and Certain Other ADs

    This NPRM would not supersede AD 2008-04-19 R1 and AD 2015-26-09. Rather, we have determined that a stand-alone AD would be more appropriate to address the changes in the MCAI. This NPRM would require revising the maintenance or inspection program, as applicable. Accomplishment of the proposed actions would then terminate all requirements of AD 2008-04-19 R1 and AD 2015-26-09 for ATR-GIE Avions de Transport Régional Model ATR42-500 airplanes only.

    In addition, we have determined that accomplishment of the proposed actions terminates all requirements of AD 2000-23-04 R1, Amendment 39-12174 (66 FR 19381, April 16, 2001).

    Related Service Information Under 1 CFR Part 51

    ATR-GIE Avions de Transport Régional has issued ATR42-400/-500, Time Limits Document (TL), Revision 11, dated May 5, 2015. This service information describes life limits and maintenance requirements for the affected airplanes.

    ATR-GIE Avions de Transport Régional has issued ATR42-400/-500 Temporary Revision TR01/17, dated May 3, 2017, to the ATR42-400/-500 Time Limits Document (TL). This service information describes changes to life limits and maintenance requirements of certain tasks for the affected airplanes.

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

    FAA's Determination and Requirements of This Proposed AD

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

    This proposed AD would require revisions to certain operator maintenance documents to include new actions (e.g., inspections). Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (k)(1) of this proposed AD. The request should include a description of changes to the required actions that will ensure the continued operational safety of the airplane.

    Differences Between This Proposed AD and the MCAI or Service Information

    The MCAI specifies that if there are findings from the airworthiness limitations section (ALS) inspection tasks, corrective actions must be accomplished in accordance with Airbus maintenance documentation. However, this proposed AD does not include that requirement. Operators of U.S.-registered airplanes are required by general airworthiness and operational regulations to perform maintenance using methods that are acceptable to the FAA. We consider those methods to be adequate to address any corrective actions necessitated by the findings of ALS inspections required by this proposed AD.

    Airworthiness Limitations Based on Type Design

    The FAA recently became aware of an issue related to the applicability of ADs that require incorporation of an ALS revision into an operator's maintenance or inspection program.

    Typically, when these types of ADs are issued by civil aviation authorities of other countries, they apply to all airplanes covered under an identified type certificate (TC). The corresponding FAA AD typically retains applicability to all of those airplanes.

    In addition, U.S. operators must operate their airplanes in an airworthy condition, in accordance with 14 CFR 91.7(a). Included in this obligation is the requirement to perform any maintenance or inspections specified in the ALS, and in accordance with the ALS as specified in 14 CFR 43.16 and 91.403(c), unless an alternative has been approved by the FAA.

    When a type certificate is issued for a type design, the specific ALS, including revisions, is a part of that type design, as specified in 14 CFR 21.31(c).

    The sum effect of these operational and maintenance requirements is an obligation to comply with the ALS defined in the type design referenced in the manufacturer's conformity statement. This obligation may introduce a conflict with an AD that requires a specific ALS revision if new airplanes are delivered with a later revision as part of their type design.

    To address this conflict, the FAA has approved alternative methods of compliance (AMOCs) that allow operators to incorporate the most recent ALS revision into their maintenance/inspection programs, in lieu of the ALS revision required by the AD. This eliminates the conflict and enables the operator to comply with both the AD and the type design.

    However, compliance with AMOCs is normally optional, and we recently became aware that some operators choose to retain the AD-mandated ALS revision in their fleet-wide maintenance/inspection programs, including those for new airplanes delivered with later ALS revisions, to help standardize the maintenance of the fleet. To ensure that operators comply with the applicable ALS revision for newly delivered airplanes containing a later revision than that specified in an AD, we plan to limit the applicability of ADs that mandate ALS revisions to those airplanes that are subject to an earlier revision of the ALS, either as part of the type design or as mandated by an earlier AD.

    This proposed AD therefore would apply to ATR-GIE Avions de Transport Régional Model ATR42-500 airplanes with an original certificate of airworthiness or original export certificate of airworthiness that was issued on or before the date of approval of the ALS temporary revision identified in this proposed AD. Operators of airplanes with an original certificate of airworthiness or original export certificate of airworthiness issued after that date must comply with the airworthiness limitations specified as part of the approved type design and referenced on the type certificate data sheet.

    Costs of Compliance

    We estimate that this proposed AD affects 4 airplanes of U.S. registry.

    We estimate the following costs to comply with this proposed AD:

    We have determined that revising the maintenance or inspection program takes an average of 90 work-hours per operator, although this figure may vary from operator to operator. In the past, we have estimated that this action takes 1 work-hour per airplane. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), we have determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, we estimate the total cost per operator to be $7,650 (90 work-hours × $85 per work-hour).

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): ATR-GIE Avions de Transport Régional: Docket No. FAA-2018-0366; Product Identifier 2017-NM-166-AD. (a) Comments Due Date

    We must receive comments by June 22, 2018.

    (b) Affected ADs

    This AD affects the ADs specified in paragraphs (b)(1), (b)(2), and (b)(3) of this AD.

    (1) AD 2000-23-04 R1, Amendment 39-12174 (66 FR 19381, April 16, 2001) (“AD 2000-23-04 R1”).

    (2) AD 2008-04-19 R1, Amendment 39-16069 (74 FR 56713, November 3, 2009) (“AD 2008-04-19 R1”).

    (3) AD 2015-26-09, Amendment 39-18357 (81 FR 1483, January 13, 2016) (“AD 2015-26-09”).

    (c) Applicability

    This AD applies to ATR-GIE Avions de Transport Régional Model ATR42-500 airplanes, certificated in any category, with an original airworthiness certificate or original export certificate of airworthiness dated on or before May 3, 2017.

    (d) Subject

    Air Transport Association (ATA) of America Code 05, Time limits/maintenance checks.

    (e) Reason

    This AD was prompted by a determination that more restrictive maintenance requirements and airworthiness limitations are necessary. We are issuing this AD to prevent reduced structural integrity of the airplane.

    (f) Compliance

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

    (g) Maintenance or Inspection Program Revision

    Within 90 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the information specified in ATR42-400/-500, Time Limits Document (TL), Revision 11, dated May 5, 2015; and ATR42-400/-500 Temporary Revision TR01/17, dated May 3, 2017, to the ATR42-400/-500 Time Limits Document (TL). The initial compliance time for accomplishing the tasks is at the applicable times specified in ATR42-400/-500, Time Limits Document (TL), Revision 11, dated May 5, 2015; and ATR42-400/-500 Temporary Revision TR01/17, dated May 3, 2017, to the ATR42-400/-500, Time Limits Document (TL); or within 90 days after the effective date of this AD; whichever occurs later, except for those certification maintenance requirements (CMRs) tasks identified in figure 1 to paragraphs (g) and (h) of this AD.

    Figure 1 to Paragraphs (g) and (h) of This AD—Grace Period for CMR Tasks CMR/
  • maintenance
  • significant item (MSI) task
  • Compliance time
    213100-2A
  • 213100-2B
  • 213100-3A
  • 213100-3B
  • Within 550 flight hours or 90 days, whichever occurs first, after the effective date of this AD.
    (h) Initial Compliance Times for Certain CMR Tasks

    For the CMR tasks listed in figure 1 to paragraphs (g) and (h) of this AD, the initial compliance time for accomplishing the tasks is at the applicable time specified in ATR42-400/-500 Temporary Revision TR01/17, dated May 3, 2017, to the ATR42-400/-500 Time Limits Document (TL); or within the compliance time specified in figure 1 to paragraphs (g) and (h) of this AD; whichever occurs later.

    (i) No Alternative Actions, Intervals, and/or Critical Design Configuration Control Limitations (CDCCLs)

    After the maintenance or inspection program, as applicable, has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections), intervals, and/or CDCCLs may be used unless the actions, intervals, and/or CDCCLs are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (k)(1) of this AD.

    (j) Terminating Action for Certain ADs

    Accomplishing the actions required by paragraph (g) of this AD terminates all requirements of AD 2000-23-04 R1 and all requirements of the ADs specified in paragraphs (j)(1) and (j)(2) of this AD for ATR-GIE Avions de Transport Régional Model ATR42-500 airplanes only.

    (1) AD 2008-04-19 R1.

    (2) AD 2015-26-09.

    (k) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

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

    (l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2017-0222R1, dated December 15, 2017, for related information. This MCAI may be found in the AD docket on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2018-0366.

    (2) For more information about this AD, contact Shahram Daneshmandi, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3220.

    (3) For service information identified in this AD, contact ATR-GIE Avions de Transport Régional, 1, Allée Pierre Nadot, 31712 Blagnac Cedex, France; telephone +33 (0) 5 62 21 62 21; fax +33 (0) 5 62 21 67 18; email [email protected]; internet http://www.atr-aircraft.com. You may view this service information at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.

    Issued in Des Moines, Washington, on April 27, 2018. Michael Kaszycki, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2018-09731 Filed 5-7-18; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1124; Product Identifier 2017-SW-073-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Helicopters AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1 helicopters. This proposed AD would require inspecting the jettisoning mechanism of the left-hand (LH) and right-hand (RH) cabin sliding plug doors. This proposed AD is prompted by a report that during a scheduled inspection a cabin door failed to jettison. The actions of this proposed AD are intended to correct an unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by July 9, 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-2017-1124; 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 European Aviation Safety Agency (EASA) AD, 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 proposed rule, contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html.

    You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy, Room 6N-321, Fort Worth, TX 76177.

    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

    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 might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, 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 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 proposed rulemaking. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive.

    Discussion

    EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD No. 2017-0022, dated February 8, 2017, to correct an unsafe condition for Airbus Helicopters (previously Eurocopter) Model AS332C, AS332C1, AS332L, and AS332L1 helicopters equipped with a cabin sliding plug door modified in accordance with Airbus Helicopters modification (MOD) 0722338. Helicopters with Eurocopter MOD 0725366 are exempt from the EASA AD's requirements.

    EASA advises that the emergency jettison test of a cabin lateral sliding plug door failed during a scheduled inspection and test of the door's jettison mechanism. According to EASA, an investigation revealed that the jettison handle cable interfered with the cable clamps. EASA states that this condition could lead to jamming of the door jettisoning mechanism, preventing jettisoning of the affected door during an emergency, possibly obstructing evacuation of the occupants. The EASA AD consequently requires repetitive inspections of the jettisoning mechanism of the LH and RH door, followed by corrective actions if needed.

    FAA's Determination

    These helicopters have been approved by the aviation authority of France and are approved for operation in the United States. Pursuant to our bilateral agreement with France, EASA, its technical representative, has notified us of the unsafe condition described in its AD. We are proposing this AD because we evaluated all known relevant information and determined that an unsafe condition is likely to exist or develop on other products of the same type design.

    Related Service Information Under 1 CFR Part 51

    We reviewed Airbus Helicopters Alert Service Bulletin No. AS332-52.00.56, Revision 0, dated January 30, 2017, which specifies pulling on the inner jettison handle to determine whether the cables come into contact with the cable clamps. If there is contact, this service information specifies changing the position of the cable clamps to prevent interference.

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

    Other Related Service Information

    We also reviewed Eurocopter Service Bulletin No. 332-52.00.28, Revision 1, dated April 29, 1998, which contains procedures to improve the door jettison system. Eurocopter identifies compliance with this service information as MOD 0725366.

    Proposed AD Requirements

    This proposed AD would require before flight over water or within 110 hours time-in-service (TIS), whichever occurs first, inspecting the jettisoning mechanism of the LH and RH cabin doors for correct operation by pulling on the inner jettison handle to determine whether the cable clamp contacts the top and bottom horizontal cables. If there is contact between cable clamp and the horizontal cables, this proposed AD would require changing the position of the cable clamps to remove any contact.

    Differences Between This Proposed AD and the EASA AD

    The EASA AD requires that the initial inspection occur during the next jettisoning test of the doors or within 110 flight hours, whichever occurs first, and thereafter during certain maintenance tasks. This proposed AD would require a one-time inspection within 110 hours TIS or prior to flying over water.

    Costs of Compliance

    We estimate that this proposed AD would affect 19 helicopters of U.S. Registry and that labor costs average $85 per work-hour. Based on these estimates, we expect that inspecting the jettisoning mechanism and changing the orientation of the cable clamps, if necessary, would require 4 work-hours. No parts would be required for a total cost of $340 per helicopter and $6,460 for the U.S. fleet.

    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 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, 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 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 proposed 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.

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Airbus Helicopters: Docket No. FAA-2017-1124; Product Identifier 2017-SW-073-AD. (a) Applicability

    This AD applies to Airbus Helicopters Model AS332C, AS332C1, AS332L, and AS332L1 helicopters, certificated in any category, with a cabin sliding plug door installed in accordance with Airbus Helicopters modification (MOD) 0722338, except helicopters with a plug door jettison system installed in accordance with MOD 0725366.

    (b) Unsafe Condition

    This AD defines the unsafe condition as failure of a cabin sliding door to jettison, which could prevent helicopter occupants from evacuating the helicopter during an emergency.

    (c) Comments Due Date

    We must receive comments by July 9, 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

    Within 110 hours time-in-service (TIS) or before the next operation over water, whichever occurs first, inspect the jettisoning mechanism of the left-hand and right-hand cabin doors for correct operation:

    (1) Pull the jettisoning handle and determine whether the cable clamp contacts the top or bottom horizontal cables, using as a reference the photographs under paragraph 3.B.2 of Airbus Helicopters ASB No. AS332-52.00.56, Revision 0, dated January 30, 2017 (ASB).

    (2) If there is contact between a cable clamp and a horizontal cable, before further flight, install both cable clamps as depicted in the bottom photograph under paragraph 3.B.2 of the ASB.

    (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

    (1) Eurocopter Service Bulletin No. 332-52.00.28, Revision 1, dated April 29, 1998, which is not incorporated by reference, contains additional information about the subject of this AD. For service information identified in this AD, contact Airbus Helicopters, 2701 N Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at http://www.helicopters.airbus.com/website/en/ref/Technical-Support_73.html. 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.

    (2) The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2017-0022, dated February 8, 2017. You may view the EASA AD on the internet at http://www.regulations.gov in the AD Docket.

    (h) Subject

    Joint Aircraft Service Component (JASC) Code: 5200, Doors.

    Issued in Fort Worth, Texas, on May 1, 2018. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service.
    [FR Doc. 2018-09740 Filed 5-7-18; 8:45 am] BILLING CODE 4910-13-P
    SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 210 [Release No. 33-10491; 34-83157; IC-33091; IA-4904; FILE NO. S7-10-18] RIN 3235-AM01 Auditor Independence With Respect to Certain Loans or Debtor-Creditor Relationships AGENCY:

    Securities and Exchange Commission.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Securities and Exchange Commission (“Commission”) is proposing to amend its auditor independence rules to refocus the analysis that must be conducted to determine whether an auditor is independent when the auditor has a lending relationship with certain shareholders of an audit client at any time during an audit or professional engagement period. The proposed amendments would focus the analysis solely on beneficial ownership rather than on both record and beneficial ownership; replace the existing 10 percent bright-line shareholder ownership test with a “significant influence” test; add a “known through reasonable inquiry” standard with respect to identifying beneficial owners of the audit client's equity securities; and amend the definition of “audit client” for a fund under audit to exclude funds that otherwise would be considered affiliates of the audit client. The Commission is also requesting comment on certain other potential amendments to its auditor independence rules.

    DATES:

    Comments should be received on or before July 9, 2018.

    ADDRESSES:

    Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's internet comment form (http://www.sec.gov/rules/proposed.shtml); or

    • Send an email to [email protected] Please include File Number S7-10-18 on the subject line.

    Paper Comments

    • Send paper comments to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

    All submissions should refer to File Number S7-10-18. This file number should be included on the subject line if email is used. To help us process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's website (http://www.sec.gov/rules/proposed.shtml). Comments are also available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. Studies, memoranda, or other substantive items may be added by the Commission or staff to the comment file during this rulemaking. A notification of the inclusion in the comment file of any such materials will be made available on the Commission's website. To ensure direct electronic receipt of such notifications, sign up through the “Stay Connected” option at www.sec.gov to receive notifications by email. FOR FURTHER INFORMATION CONTACT:

    Giles T. Cohen, Deputy Chief Counsel, or Peggy Kim, Senior Special Counsel, Office of the Chief Accountant, at (202) 551-5300; Alison Staloch, Chief Accountant, Chief Accountant's Office, Division of Investment Management, at (202) 551-6918; or Joel Cavanaugh, Senior Counsel, Investment Company Regulation Office, Division of Investment Management, at (202) 551-6792, U.S. Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549.

    SUPPLEMENTARY INFORMATION:

    We are proposing amendments to Rule 2-01 of Regulation S-X.1

    1 17 CFR 210.2-01.

    Table of Contents I. Background A. The Loan Provision of Regulation S-X B. Application of the Current Loan Provision II. Proposed Amendments A. Overview of the Proposed Amendments B. Focus the Analysis Solely on Beneficial Ownership C. Significant Influence Test D. Reasonable Inquiry Compliance Threshold E. Excluding Other Funds That Would Be Considered Affiliates of the Audit Client III. Request for Comment A. Materiality B. Accounting Firms' “Covered Persons” and Immediate Family Members C. Evaluation of Compliance D. Secondary Market Purchases of Debt E. Other Changes to the Commission's Auditor Independence Rules IV. Paperwork Reduction Act V. Economic Analysis A. General Economic Considerations B. Baseline C. Anticipated Benefits and Costs, and Unintended Consequences 1. Anticipated Benefits 2. Anticipated Costs and Potential Unintended Consequences D. Effects on Efficiency, Competition and Capital Formation E. Alternatives F. Request for Comment VI. Initial Regulatory Flexibility Act Analysis A. Reasons for and Objectives of the Proposed Action B. Legal Basis C. Small Entities Subject to the Proposed Rules D. Projected Reporting, Recordkeeping and Other Compliance Requirements E. Duplicative, Overlapping, or Conflicting Federal Rules F. Significant Alternatives G. Solicitation of Comment VII. Small Business Regulatory Enforcement Fairness Act VIII. Statutory Basis I. Background A. The Loan Provision of Regulation S-X

    We are proposing to amend certain provisions of our auditor independence rules. The Commission has long considered auditor independence to be essential to reliable financial reporting and critical to the effective functioning of the U.S. capital markets.2 Independent auditors have an important public trust.3 Many Commission regulations require entities to file or furnish financial statements that have been audited by an independent auditor; such entities include operating companies, registered investment companies, registered investment advisers, pooled investment vehicles,4 and registered broker-dealers.5

    2See generally Proposed Rule: Revision of the Commission's Auditor Independence Requirements, Release No. 33-7870 (June 30, 2000) (“2000 Proposing Release”), available at https://www.sec.gov/rules/proposed/34-42994.htm.

    3 The U.S. Supreme Court in describing the independent auditor's responsibility, stated that the accountant's “public watchdog” function “demands that the accountant maintain total independence from the client at all times and requires complete fidelity to the public trust.” United States v. Arthur Young, 465 U.S. 805, 818 (1984).

    4 In this Release, we use the term “pooled investment vehicle” to refer to a limited partnership, limited liability company, or another type of pooled investment vehicle for which the pooled investment vehicle's investment adviser relies on paragraph (b)(4) of Rule 206(4)-2 (the “Custody Rule”) under the Advisers Act. In general, paragraph (b)(4) of the Custody Rule provides conditions under which an investment adviser is not required to comply with provisions of the Custody Rule relating to the delivery of certain notices and account statements and is deemed to have complied with the surprise examination requirements of the rule with respect to an account that is a limited partnership, limited liability company or other pooled investment vehicle that is subject to audit (as defined in Rule 1-02(d) of Regulation S-X). In order to rely on this “audit exception,” the audit must be performed by an independent public accountant that: (i) Meets the standards in Rule 2-01(b) and (c) of Regulation S-X; and (ii) is registered with, and subject to regular inspection as of the commencement of the professional engagement period, and as of each calendar year-end, by the Public Company Accounting Oversight Board (“PCAOB”) in accordance with its rules. Many advisers to private funds rely on the audit exception. A “private fund” is an issuer that would be an investment company, as defined in Section 3 of the Investment Company Act, but for Section 3(c)(1) or 3(c)(7) of that Act. See Section 202(a)(29) of the Investment Advisers Act.

    5 For example, Items 25 and 26 of Schedule A to the Securities Act of 1933 (“Securities Act”) [15 U.S.C. 77aa(25) and (26)] and Section 17(e) of the Securities Exchange Act of 1934 (“Exchange Act”) [15 U.S.C. 78q] expressly require that financial statements be certified by independent public or certified accountants. In addition, Sections 12(b)(1)(J) and (K) and 13(a)(2) of the Exchange Act [15 U.S.C. 78l and 78m], Sections 8(b)(5) and 30(e) and (g) of the Investment Company Act of 1940 (“Investment Company Act”) [15 U.S.C. 80a-8 and 80a-29], and Section 203(c)(1)(D) of the Investment Advisers Act of 1940 (“Advisers Act”) [15 U.S.C. 80b-3(c)(1)] authorize the Commission to require the filing of financial statements that have been audited by independent accountants. Paragraph (f)(1) of Rule 17a-5 under the Exchange Act [17 CFR 240.17a-5(f)(1)] requires that for audits under paragraph (d) of Rule 17a-5 of broker-dealers registered with the Commission, an independent public accountant must be independent in accordance with Rule 2-01 of Regulation S-X. See also id. (discussing Rule 206(4)-2 under the Advisers Act).

    The Commission's auditor independence standard is set forth in Rule 2-01 of Regulation S-X, which requires auditors 6 to be independent of their audit clients both “in fact and in appearance.” 7 Rule 2-01(b) provides that the Commission will not recognize an accountant as independent with respect to an audit client if the accountant is not (or if a reasonable investor with knowledge of all relevant facts and circumstances would conclude that the accountant is not) capable of exercising objective and impartial judgment on all issues encompassed within the accountant's engagement.8

    6 Rule 2-01 refers to “accountants” rather than “auditors.” We use these terms interchangeably in this Release.

    7See Preliminary Note 1 to Rule 2-01 and Rule 2-01(b) of Regulation S-X. See also United States v. Arthur Young & Co., 465 U.S. 805, 819 n.15 (1984) (“It is therefore not enough that financial statements be accurate; the public must also perceive them as being accurate. Public faith in the reliability of a corporation's financial statements depends upon the public perception of the outside auditor as an independent professional.”).

    8See Rule 2-01(b) of Regulation S-X.

    Rule 2-01(c) sets forth a nonexclusive list of circumstances that the Commission considers to be inconsistent with the independence standard in Rule 2-01(b), including certain direct financial relationships between an accountant and audit client and other circumstances where the accountant has a financial interest in the audit client.9 In particular, the restriction on debtor-creditor relationships in Rule 2-01(c)(1)(ii)(A) (the “Loan Provision”) generally provides that an accountant is not independent when (a) the accounting firm, (b) any covered person 10 in the accounting firm (e.g., the audit engagement team and those in the chain of command), or (c) any of the covered person's immediate family members has any loan (including any margin loan) to or from (x) an audit client, or (y) an audit client's officers, directors, or (z) record or beneficial owners of more than 10 percent of the audit client's equity securities.11 We note that simply because a lender to an auditor holds 10 percent or less of an audit client's equity securities does not, in itself, establish that the auditor is independent under Rule 2-01 of Regulation S-X. The general standard under Rule 2-01(b) and the remainder of Rule 2-01(c) still apply to auditors and their audit clients regardless of the applicability of the Loan Provision.

    9See Rule 2-01(c) of Regulation S-X; see also Revision of the Commission's Auditor Independence Requirements, Release No. 33-7919 (Nov. 21, 2000) [65 FR 76008 (Dec. 5, 2000)] (“2000 Adopting Release”) available at https://www.sec.gov/rules/final/33-7919.htm, at 65 FR 76009 (“The amendments [to Rule 2-01 adopted in 2000] identify certain relationships that render an accountant not independent of an audit client under the standard in Rule 2-01(b). The relationships addressed include, among others, financial, employment, and business relationships between auditors and audit clients . . . .”).

    10See Rule 2-01(f)(11) of Regulation S-X.

    11See 2000 Adopting Release, supra footnote 9, at 65 FR 76035.

    EP08MY18.006

    Thus, in the above illustration, pursuant to the Loan Provision, a lending relationship between any entity in the left hand column and any entity in the right-hand column impairs independence, unless an exception applies.

    When the Commission proposed the Loan Provision, it noted that a debtor-creditor relationship between an auditor and its audit client reasonably could be viewed as “creating a self-interest that competes with the auditor's obligation to serve only investors' interests.” 12 The Commission's concern about a competing self-interest extended beyond loans directly between the auditor and its audit client to loans between the auditor and those shareholders of the audit client who have a “special and influential role” with the audit client.13 As a proxy for identifying a “special and influential role,” the Commission adopted a bright-line test for loans to or from a record or beneficial owner of more than 10 percent of an audit client's equity securities.14

    12See 2000 Proposing Release, supra footnote 2, at 65 FR 76034-76035.

    13See 2000 Adopting Release, supra footnote 9, at 65 FR 76035.

    14 The Commission proposed that the Loan Provision include a five-percent equity ownership threshold, but raised the threshold to 10 percent when it adopted the Loan Provision. See 2000 Adopting Release, supra footnote 9, at 65 FR 76035. As the basis for its use of a 10 percent threshold, the Commission pointed to similar 10 percent ownership thresholds elsewhere in the federal securities laws, including Rule 1-02(r) of Regulation S-X (defining “principal holder of equity securities”), Rule 1-02(s) of Regulation S-X (defining “promoter”), and Section 16 of the Exchange Act (requiring reporting to the Commission of beneficial ownership information by directors, officers and beneficial owners of more than 10 percent of any class of equity securities of an issuer). Id.

    Under Rule 2-01(f)(6) of Regulation S-X, the term “audit client” is defined to include any affiliate of the entity whose financial statements are being audited.15 Rule 2-01(f)(4) provides that “affiliates of the audit client” include entities that control, are controlled by, or are under common control with the audit client. As a result, generally, an accounting firm is not independent under the Loan Provision if it has a lending relationship with an entity having record or beneficial ownership of more than 10 percent of the equity securities of either (a) the firm's audit client; or (b) any entity that is a controlling parent company of the audit client, a controlled subsidiary of the audit client, or an entity under common control with the audit client.

    15See Rule 2-01(f)(6) of Regulation S-X.

    In addition, the term “affiliate of the audit client” includes each entity in an investment company complex (“ICC”) of which the audit client is a part.16 Accordingly, in the ICC context, an accounting firm is considered not independent under the Loan Provision if it has a lending relationship with an entity having record or beneficial ownership of more than 10 percent of any entity within the ICC, regardless of which entities in the ICC are audited by the accounting firm.

    16See Rule 2-01(f)(4)(iv) of Regulation S-X (defining “affiliate of the audit client”). “Investment company complex” is defined in Rule 2-01(f)(14) of Regulation S-X to include: “(A) An investment company and its investment adviser or sponsor; (B) Any entity controlled by or controlling an investment adviser or sponsor in paragraph (f)(14)(i)(A) of this section, or any entity under common control with an investment adviser or sponsor in paragraph (f)(14)(i)(A) of this section if the entity: (1) Is an investment adviser or sponsor; or (2) Is engaged in the business of providing administrative, custodian, underwriting, or transfer agent services to any investment company, investment adviser, or sponsor; and (C) Any investment company or entity that would be an investment company but for the exclusions provided by section 3(c) of the [1940 Act] that has an investment adviser or sponsor included in this definition by either paragraph (f)(14)(i)(A) or (f)(14)(i)(B) of this section.”

    B. Application of the Current Loan Provision

    The Commission has become aware that, in certain circumstances, the existing Loan Provision may not be functioning as it was intended, under current market conditions. It also presents significant practical challenges.17 Registered investment companies, pooled investment vehicles, and registered investment advisers have articulated concerns about the Loan Provision in both public disclosures 18 and, together with their auditors, in extensive consultations with Commission staff.19 It has become clear that there are certain fact patterns where an auditor's objectivity and impartiality is not impaired despite a failure to comply with the requirements of the Loan Provision. 20

    17 The audit committees of registered investment companies may be focused on this issue because, under the Sarbanes-Oxley Act of 2002 (“Sarbanes-Oxley Act”), audit committees are responsible for the selection, compensation and oversight of such funds' independent auditors. See Rule 10A-3 under the Exchange Act [17 CFR 240.10A-3]. In addition, for audits conducted pursuant to PCAOB standards, the auditor is required to notify the audit committee of matters that may reasonably bear upon the independence of the auditor. See PCAOB Rule 3526.

    18 Several funds and investment advisers have noted concerns regarding the Loan Provision in their public filings with the Commission. See, e.g., AIM Investment Securities Funds (Invesco Investment Securities Funds) Form N-CSR filed on May 12, 2016; Invesco Mortgage Capital Inc. Form 10-Q filed on May 10, 2016; iShares Trust Form N-CSR filed on June 6, 2016; Delaware Investments Colorado Municipal Income Fund, Inc. Form N-CSR filed on June 6, 2016; Goldman Sachs Trust Form N-CSR filed on June 6, 2016; Advent International Corp. Form ADV filed on March 30, 2016; NB Alternatives Advisers LLC Form ADV filed on June 29, 2016; Indaba Capital Management, L.P. Form ADV filed on March 30, 2016; and MFS Government Markets Income Trust Schedule 14A filed on August 31, 2016.

    19 Staff in the Office of the Chief Accountant (OCA staff) regularly engage in consultations with issuers regarding accounting, financial reporting, and auditing concerns or questions, including application of the auditor independence rules.

    20 Challenges associated with the Loan Provision have also arisen with issuers other than funds, although not to the same extent. For example, a foreign private issuer (“FPI”) and its external auditor encountered compliance issues with the Loan Provision as a result of the FPI's use of a depositary bank to hold its American Depositary Shares. In that case, the depositary bank was the record holder, but not the beneficial owner, of more than 10 percent of the underlying equity shares of the FPI while also having a lending relationship with the auditor. See, e.g., JMU Ltd. Form 20-F, filed on May 26, 2017.

    One challenge associated with the Loan Provision is that it applies to both “record” and “beneficial” owners of the audit client's equity securities. However, publicly traded shares, as well as certain fund shares, often are registered in the name of a relatively small number of financial intermediaries 21 as “record” owners for the benefit of their clients or customers. Certain of these financial intermediaries may also be lenders to public accounting firms or be affiliated with financial institutions that may be lenders to public accounting firms.22 As a result, audit clients may have financial intermediaries that own, on a “record” basis, more than 10 percent of the issuer's shares and are also lenders to public accounting firms, covered persons of accounting firms, and their immediate family members, or are affiliated with companies that are lenders to public accounting firms (see Figure 2 below for illustration). However, these financial intermediaries are not “beneficial” owners. They also may not have control over whether they are “record” owners of more than 10 percent of the issuer's shares.

    21See infra footnote 23.

    22 We note that the Loan Provision can be implicated by lending relationships between an auditing firm and those that control the record or beneficial owner of more than 10 percent of the shares of an audit client (i.e., entities that are under common control with or controlled by the record or beneficial owner are not as such implicated by the Loan Provision).

    EP08MY18.007

    For example, open-end funds, such as mutual funds, may face significant challenges, because the record ownership percentages of open-end funds may fluctuate greatly within a given period for reasons completely out of the control or knowledge of a lender who is also a fund shareholder of record. To be more specific, as a result of underlying customer activity in an omnibus account (such as when beneficial owners purchase or redeem their shares in an open-end fund) or as a result of the activity of other record or beneficial owners, the record ownership of a lender that is a financial intermediary holding fund shares for customers may exceed, or conversely fall below, the 10 percent threshold within a given period without any affirmative action on the part of the financial intermediary.23 In this scenario, the financial intermediary's holdings might constitute less than 10 percent of a mutual fund and, as a result of subsequent redemptions by beneficial owners through other non-affiliated financial intermediaries, the same investment could then constitute more than 10 percent of the mutual fund. However, regardless of their diligence in monitoring compliance, the financial intermediary, the fund, or the auditor may not know that the 10 percent threshold had been exceeded until after the fact.

    23 Financial intermediaries such as broker-dealers, banks, trusts, insurance companies and retirement plan third-party administrators perform the recordkeeping of open-end fund positions and provide services to customers, including beneficial owners and other intermediaries and, in most cases, aggregate their customer records into a single or a few “omnibus” accounts registered in the intermediary's name on the fund transfer agent's recordkeeping system. Shares of other types of registered investment companies, such as closed-end funds, also are frequently held by broker-dealers and other financial intermediaries as record owners on behalf of their customers, who are not required and may be unwilling to provide, information about the underlying beneficial owners to accounting firms, and particularly accounting firms that do not audit the fund. In addition, a financial intermediary may act as an authorized participant or market maker to an exchange-traded fund (“ETF”) and be the holder of record or beneficial owner of more than 10 percent of an ETF.

    An open-end fund, or open-end company, is a management company that is offering for sale or has outstanding any redeemable securities of which it is the issuer. A closed-end fund, or closed-end company, is any management company other than an open-end company. See Section 5 of the Investment Company Act [15 U.S.C. 80a-5]. ETFs registered with the Commission are organized either as open-end management companies or unit investment trusts. See Section 4 of the Investment Company Act [15 U.S.C. 80a-4] (defining the terms “management company” and “unit investment trust”). References to “funds” in this Release include ETFs, unless specifically noted.

    Another practical challenge is that the auditor independence rules' broad definition of the term “audit client” gives rise to results that are out of step with the purpose of the rule and that can have adverse effects when applied in the specific context of the Loan Provision. As described above, the Loan Provision applies not only to an entity that the audit firm is auditing but also to those entities that are “affiliated” with the audit client.24 The auditor independence rules broadly define an “affiliate of the audit client” to include, among other things, both (a) an entity that is under common control with the audit client; and (b) each entity in an ICC when the audit client is part of that ICC.25

    24See Rule 2-01(f)(6) of Regulation S-X.

    25See Rule 2-01(f)(4) of Regulation S-X, in which an “affiliate of the audit client” is defined to include the following:

    (i) An entity that has control over the audit client, or over which the audit client has control, or which is under common control with the audit client, including the audit client's parents and subsidiaries;

    (ii) An entity over which the audit client has significant influence, unless the entity is not material to the audit client;

    (iii) An entity that has significant influence over the audit client, unless the audit client is not material to the entity; and

    (iv) Each entity in the investment company complex when the audit client is an entity that is part of an investment company complex.

    Open-end funds are often part of large and varied ICCs, and multiple accounting firms may be retained to perform audits of various entities within the ICC. If an accounting firm is not independent under the Loan Provision with respect to only one of a given ICC's funds, no fund or other entity in the ICC can engage or retain that accounting firm as an independent auditor consistent with Rule 2-01 of Regulation S-X. An auditor to one fund in an ICC thus must seek information regarding the record and beneficial owners of the equity securities of all of the other funds (and other entities) in the ICC and such owner's affiliates (see Figure 3 below for illustration). Other funds in the ICC that are not audited by the requesting auditor are not required to provide this information, and may only provide it, if at all, after negotiation and the establishment of information-sharing protocols, all of which can require substantial time and expense incurred by auditors and funds. Even where funds not audited by this auditor do provide information regarding the owners of their equity securities, the fact that fund shares often are held in omnibus accounts registered in the name of financial intermediaries creates further challenges in identifying the shares' beneficial owners to determine if they are lenders to the auditing firm that own more than 10 percent of the fund's equity securities.26

    26 In some cases, financial intermediaries such as broker-dealers or banks hold fund shares on behalf of other financial intermediaries, such as retirement plan administrators or other broker-dealers, creating multiple layers of intermediaries between the fund and the beneficial owners of its shares. See also, e.g., Mutual Fund Redemption Fees, Release No. IC-27504 (Sept. 27, 2006) [71 CFR 58257 (Oct. 3, 2006)] at 58258 (discussing application of Rule 22c-2 under the Investment Company Act to “chains of intermediaries”).

    Further, not only loans to accounting firms but also loans to certain “covered persons” at such firms and their immediate family members may implicate the Loan Provision.27 As a result, certain lending relationships with members of the audit engagement team, individuals generally in the supervisory reporting chain for the audit, certain accounting firm employees in the same primary office as the lead engagement partner, and other accounting firm employees—or with immediate family members of any of those persons—could be found to impair the audit firm's independence.28

    27See Rule 2-01(c)(1)(ii) of Regulation S-X.

    28See Rule 2-01(f)(11) of Regulation S-X (definition of “covered persons”).

    EP08MY18.008

    The Commission understands that accounting firms use loans to help finance their core business operations. Accounting firms frequently obtain financing to pay for their labor and out-of-pocket expenses before they receive payments from audit clients for those services. Accounting firms also use financing to fund current operations and provide capital to fund ongoing investments in their audit methodologies and technology. Accounting firms borrow from commercial banks or through private placement debt issuances, typically purchased by large financial institutions, both of which give rise to debtor-creditor relationships.29 For creditor diversification purposes, credit facilities provided or arranged by commercial banks are often syndicated among multiple financial institutions, thereby expanding the number of lenders to an accounting firm. As a result, accounting firms typically have a wide array of lending arrangements. These arrangements facilitate firms' provision of audit services to investors and other market participants, but also multiply the number of lenders that may also be record or beneficial owners of securities in audit clients and that must be analyzed under the Loan Provision.

    29 The Commission further understands that insurance companies may purchase accounting firms' private placement notes. Insurance companies may also act as sponsors of insurance products, and may be record owners, on behalf of contract holders, of certain investment companies' equity securities.

    The current market conditions that have enabled these accounting firms' financing methods appear to have resulted in various scenarios in which the Loan Provision deems an accounting firm's independence to be impaired, notwithstanding that the relevant facts and circumstances regarding the relationships between the auditor and the audit client suggest that in most cases the auditor's objectivity and impartiality do not appear to be affected as a practical matter. Nevertheless, auditors and audit committees may feel obligated to devote substantial resources to evaluating potential instances of noncompliance with the existing Loan Provision, which could distract auditors' and audit committees' attention from matters that may be more likely to bear on the auditor's objectivity and impartiality.30 Audit committees' receipt of a high volume of communications of such relationships may dilute the impact of communications that identify issues that may actually raise concerns about an auditor's independence.31

    30 Auditors are required to communicate any relationships, including lending relationships, with the audit client that may reasonably be thought to bear on independence to the audit committee at least annually. See, e.g., PCAOB Rule 3526 (requiring a registered public accounting firm, at least annually with respect to each of its audit clients, to: (1) Describe, in writing, to the audit committee of the audit client, all relationships between the registered public accounting firm or any affiliates of the firm and the audit client or persons in financial reporting oversight roles at the audit client that, as of the date of the communication, may reasonably be thought to bear on independence; (2) discuss with the audit committee of the audit client the potential effects of the relationships described in subsection (b)(1) on the independence of the registered public accounting firm; (3) affirm to the audit committee of the audit client, in writing, that, as of the date of the communication, the registered public accounting firm is independent in compliance with Rule 3520; and (4) document the substance of its discussion with the audit committee of the audit client.

    31 In this Release, we use the term “audit committee,” when referring to funds, generally to refer to audit committees established by a fund's board of directors or trustees or, where no formal audit committee exists as may be the case for certain private funds, for example, those responsible for the governance of the fund.

    Similarly, numerous violations of the independence rules that no reasonable person would view as implicating an auditor's objectivity and impartiality could desensitize market participants to other, more significant violations of the independence rules. Respect for the seriousness of these obligations is better fostered through limiting violations to those instances in which the auditor's independence would be impaired in fact or in appearance.

    Moreover, searching for, identifying, and assessing noncompliance or potential non-compliance with the Loan Provision and reporting these instances to audit committees also may generate significant costs for entities and their advisers and auditors, which costs are ultimately borne by shareholders. These costs are unlikely to entail corresponding benefits to the extent that the Loan Provision's breadth identifies and requires analysis of circumstances that are unlikely to bear on the auditor's independence.

    In addition, the compliance challenges associated with the Loan Provision can have broader disruptive effects, particularly for funds.32 For example, in order for a registered open-end fund to make a continuous offering of its securities, it must maintain a current prospectus by periodically filing post-effective amendments to its registration statement that contain updated financial information audited by an independent public accountant in accordance with Regulation S-X.33 In addition, the federal securities laws require that investment companies registered under the Investment Company Act transmit annually to shareholders and file with the Commission financial statements audited by an independent registered public accounting firm.34 Accordingly, noncompliance with the auditor independence rules in some cases can result in affected funds not being able to sell shares, investors not being able to rely on affected financial statements, or funds (and, indirectly, but importantly, their investors) having to incur the costs of re-audits.

    32 Registered investment advisers that have custody of client funds or securities also face compliance challenges from the Loan Provision. These advisers generally are required under the Custody Rule to obtain a surprise examination conducted by an independent public accountant or, for pooled investment vehicles, may be deemed to comply with the requirement by distributing financial statements audited by an independent public accountant to the pooled investment vehicle's investors. An auditor's inability, or potential inability, to comply with the Loan Provision raises questions concerning an adviser's ability to satisfy the requirements of the Custody Rule.

    33See generally Section 10(a)(3) of the Securities Act [15 U.S.C. 77j(a)(3)] and Item 27 of Form N-1A.

    34See Rules 30e-1 and 30b2-1 under the Investment Company Act.

    In order to provide time for the Commission to address these challenges, and recognizing that funds and their advisers were most acutely affected by the Loan Provision, the Commission staff issued a no-action letter to Fidelity Management & Research Company regarding the application of the Loan Provision (“Fidelity No-Action Letter”).35 In the Fidelity No-Action Letter, the staff stated that it would not recommend enforcement action to the Commission, even though certain Fidelity entities identified in the letter used audit firms that were not in compliance with the Loan Provision, subject to certain conditions specified in the letter (e.g., that notwithstanding such non-compliance, the audit firm had concluded that it is objective and impartial with respect to the issues encompassed within the engagement).36 Staff continue to receive inquiries from registrants and accounting firms regarding the application of the Loan Provision, or clarification of the Fidelity No-Action Letter, and requests for consultation regarding issues not covered in the Fidelity No-Action Letter.

    35See No-Action Letter from the Division of Investment Management to Fidelity Management & Research Company (June 20, 2016) (“June 20, 2016 Letter”), available at https://www.sec.gov/divisions/investment/noaction/2016/fidelity-management-research-company-062016.htm. The June 20, 2016 Letter provided temporary no-action relief, and was to expire 18 months from the issuance date. On September 22, 2017, the staff extended the June 20, 2016 Letter until the effective date of any amendments to the Loan Provision adopted by the Commission that are designed to address the concerns expressed in the June 20, 2016 Letter. See No-Action Letter from the Division of Investment Management to Fidelity Management & Research Company (Sept. 22, 2017) (“September 22, 2017 Letter”), available at https://www.sec.gov/divisions/investment/noaction/2017/fidelity-management-research-092217-regsx-rule-2-01.htm.

    36 The June 20, 2016 Letter described the following circumstances, each of which could have potential implications under the Loan Provision: (i) “An institution that has a lending relationship with an Audit Firm holds of record, for the benefit of its clients or customers (for example, as an omnibus account holder or custodian), more than 10 percent of the shares of a Fidelity Entity;” (ii) “An insurance company that has a lending relationship with an Audit Firm holds more than 10 percent of the shares of a Fidelity Fund in separate accounts that it maintains on behalf of its insurance contract holders;” and (iii) “An institution that has a lending relationship with an Audit Firm and acts as an authorized participant or market maker to a Fidelity ETF and holds of record or beneficially more than 10 percent of the shares of a Fidelity ETF.”

    II. Proposed Amendments A. Overview of the Proposed Amendments

    Given the dynamics identified above, we are proposing amendments to Rule 2-01 of Regulation S-X that would result in a rule that we believe would effectively identify those debtor-creditor relationships that could impair an auditor's objectivity and impartiality, yet would not include certain extended relationships that are unlikely to present threats to objectivity or impartiality.37 Specifically, we are proposing amendments that would:

    37See Rule 2-01(b) of Regulation S-X.

    • Focus the analysis solely on beneficial ownership;

    • replace the existing 10 percent bright-line shareholder ownership test with a “significant influence” test;

    • add a “known through reasonable inquiry” standard with respect to identifying beneficial owners of the audit client's equity securities; and

    • amend the definition of “audit client” for a fund under audit to exclude from the provision funds that otherwise would be considered “affiliates of the audit client.”

    The proposed amendments are designed to better focus the Loan Provision on those relationships that, whether in fact or in appearance, could threaten an auditor's ability to exercise objective and impartial judgment. We also are soliciting input on other potential changes to the Loan Provision or Rule 2-01 of Regulation S-X that may be appropriate.

    Given that compliance challenges associated with applying the Loan Provision have arisen with entities other than funds, the proposed amendments would apply broadly to entities beyond the investment management industry, including operating companies and registered broker-dealers.

    B. Focus the Analysis Solely on Beneficial Ownership

    Where a lender to an auditor holds more than 10 percent of the equity securities of that auditor's audit client either as a beneficial owner or as a record owner, the Commission's rules indicate that the auditor is not independent of the audit client. The record owner exceeding 10 percent may be a broker-dealer, custodian, or an intermediary omnibus account holder for its customers. Thus, as noted in Section I.B., the existing Loan Provision applies where a lender holds the audit client's equity securities of record, even though the lender may be unable to influence an audit client through its holdings of the audit client's equity securities, and may have no economic incentive to do so.38

    38 The financial gain of beneficial owners is tied to the performance of their investment and as such, beneficial owners may have stronger incentives to influence the auditor's report. Record owners, on the other hand, likely do not benefit directly from the performance of securities of which they are record owners, and as such, they may have low incentives to affect the report of the auditor. For example, record holders' discretion to vote the shares on behalf of their beneficial owners is typically limited. See the New York Stock Exchange (NYSE) Rule 452. The NYSE allows brokers to vote on certain items on behalf of their clients, if the broker has received no voting instructions from those clients within 10 days of the annual meeting. Brokers are only allowed to cast these discretionary votes on “routine” matters, which are generally uncontested and do not include a merger, consolidation, or any matter which may affect substantially the rights or privileges of such stock. Rule 452 lists the types of matters that brokers may not vote without customer instructions, which include executive compensation or uncontested elections of directors (other than uncontested director elections of companies registered under the Investment Company Act of 1940).

    Under the proposed amendments, the Loan Provision would apply only to beneficial owners of the audit client's equity securities and not to those who merely maintain the audit client's equity securities as a holder of record on behalf of their beneficial owners.39 We believe that tailoring the Loan Provision to focus only on the beneficial ownership of the audit client's equity securities would more effectively identify shareholders “having a special and influential role with the issuer” and therefore better capture those debtor-creditor relationships that may impair an auditor's independence.40

    39 An equity holder who acquired such ownership by buying a certificated share would be both a record owner and a beneficial owner and thus would continue to be analyzed under the Loan Provision.

    40See 2000 Adopting Release, supra footnote 9.

    C. Significant Influence Test

    Furthermore, we believe that the current bright-line 10 percent test may be both over- and under-inclusive as a means of identifying those debtor-creditor relationships that actually impair the auditor's objectivity and impartiality. For example, the existing Loan Provision applies even in situations where the lender may be unable to influence the audit client through its holdings.41 In such circumstances, the lender's ownership of an audit client's equity securities alone would not threaten an audit firm's objectivity and impartiality. Conversely, the existing Loan Provision does not apply if the auditor's lender owns 10 percent or less of the audit client's equity securities, despite the fact that such an owner could exert significant influence over the audit client through contractual or other means.42 A holder of 10 percent or less of an audit client's equity securities could, for example, have the contractual right to remove or replace a pooled investment vehicle's investment adviser. Although other portions of Rule 2-01 of Regulation S-X apply, the Loan Provision's existing 10 percent bright-line test by itself would not capture this debtor-creditor relationship even though the relationship potentially raises questions about an auditor's objectivity and impartiality.43

    41Cf. Accounting Standards Codification (“ASC”) 323, infra footnote 49 (providing examples where a holder may not have significant influence).

    42Cf. ASC 323, infra footnote 49 (providing examples where a holder may have significant influence).

    43See supra Section I.A for a discussion of the general standard under Rule 2-01(b) of Regulation S-X.

    We therefore propose to replace the existing 10 percent bright-line test in the Loan Provision with a “significant influence” test similar to that referenced in other parts of the Commission's auditor independence rules.44 Specifically, the proposed amendment would provide that an accountant would not be independent when the accounting firm, any covered person in the firm, or any of his or her immediate family members has any loan (including any margin loan) to or from an audit client, or an audit client's officers, directors, or beneficial owners (known through reasonable inquiry) of the audit client's equity securities where such beneficial owner has significant influence over the audit client.45

    44See Rule 2-01(c)(1)(i)(E)(1)(i), (E)(1)(ii), (E)(2), (E)(3), (f)(4)(ii) and (f)(4)(iii) of Regulation S-X.

    45See proposed Rule 2-01(c)(1)(ii)(A) (replacing the phrase “record or beneficial owners of more than ten percent of the audit client's equity securities” with “beneficial owners (known through reasonable inquiry) of the audit client's equity securities, where such beneficial owner has significant influence over the audit client”). Under the proposed amendments, the rule would continue to have exceptions for four types of loans: (1) Automobile loans and leases collateralized by the automobile; (2) loans fully collateralized by the cash surrender value of an insurance policy; (3) loans fully collateralized by cash deposits at the same financial institution; and (4) a mortgage loan collateralized by the borrower's primary residence provided the loan was not obtained while the covered person in the firm was a covered person. We discuss the proposed “known through reasonable inquiry” standard below. See infra section II.D.

    We believe the proposed significant influence test would more effectively identify shareholders “having a special and influential role with the issuer” and therefore would better capture those debtor-creditor relationships that may impair an auditor's independence.46 This test focuses on a lender shareholder's ability to influence the policies and management of an audit client, based on a totality of the facts and circumstances. While this analysis would include a consideration of the lender's beneficial ownership level in an audit client's equity securities, a bright-line percentage ownership of an audit client's securities alone would no longer determine an auditor's independence with respect to an audit client.

    46See 2000 Adopting Release, supra footnote 9, at 65 FR 76035 (describing the 10 percent bright-line test as identifying shareholders “having a special and influential role with the issuer” that “would be considered to be in a position to influence the policies and management of that client.”).

    Specifically, under the “significant influence” test we are proposing today, an audit firm, together with its audit client, would be required to assess whether a lender (that is also a beneficial owner of the audit client's equity securities) has the ability to exert significant influence over the audit client's operating and financial policies.47 Although not specifically defined, the term “significant influence” appears in other parts of Rule 2-01 of Regulation S-X,48 and we intend to use the term “significant influence” in the proposed amendment to refer to the principles in the Financial Accounting Standards Board's (“FASB's”) ASC Topic 323, Investments—Equity Method and Joint Ventures.49 The concept of “significant influence” has been part of the Commission's auditor independence rules since 2000 and has been part of the accounting standards since 1971.50 Given its use in other parts of the Commission's independence rules,51 the concept of “significant influence” is one with which audit firms and their clients are already required to be familiar. While audit firms and audit committees of operating companies already should be familiar with application of the “significant influence” concept, this concept is not as routinely applied today in the investment fund context for financial reporting purposes.52 Nonetheless, the concept of significant influence is applicable to funds under existing auditor independence rules.53

    47See ASC 323, infra footnote 49. See also infra Section II.C for a discussion of an audit client's operating and financial policies in the fund context.

    48See Rule 2-01(c)(1)(i)(E)(“investments in audit clients”) and Rule 2-01(f)(4) of Regulation S-X (“affiliate of the audit client” definition).

    49See ASC 323 Investments—Equity Method and Joint Ventures (“ASC 323”). See 2000 Adopting Release, supra footnote 9, at 65 FR 76034, note 284 (referring to Accounting Principles Board Opinion No. 18, “The Equity Method of Accounting for Investments in Common Stock” (Mar. 1971), which was codified at ASC 323).

    50See Accounting Principles Board (APB) Opinion No. 18 (March 1971) (“The Board concludes that the equity method of accounting for an investment in common stock should also be followed by an investor whose investment in voting stock gives it the ability to exercise significant influence over operating and financial policies of an investee even though the investor holds 50% or less of the voting stock.”).

    51See supra footnote 44.

    52See ASC 946. Financial Services—Investment Companies.

    53See Rule 2-01(c)(1)(i)(E)(1)(i), (E)(1)(ii), (E)(2), and (E)(3) of Regulation S-X.

    Under the proposed test, the ability to exercise significant influence over the operating and financial policies of an audit client would be based on the facts and circumstances, and under the existing accounting framework, could be indicated in several ways, including:

    • Representation on the board of directors;

    • Participation in policy-making processes;

    • Material intra-entity transactions;

    • Interchange of managerial personnel; or

    • Technological dependency.54

    54See ASC 323, supra footnote 49.

    The lender's beneficial ownership of an audit client's equity securities also would be considered in determining whether a lender has significant influence over an audit client's operating and financial policies.55 Unlike the existing Loan Provision, however, the significant influence test would not set a bright-line threshold above which a lender is assumed to be in a position to influence the policies and management of that client. Instead, the proposed significant influence test would be consistent with ASC 323 by establishing a rebuttable presumption that a lender beneficially owning 20 percent or more of an audit client's voting securities is presumed to have the ability to exercise significant influence over the audit client, absent predominant evidence to the contrary.56 Conversely, and consistent with ASC 323, under the proposed significant influence test, if the ownership percentage were less than 20 percent, there would be a rebuttable presumption that the lender does not have significant influence over the audit client, unless it could be demonstrated that the lender has the ability to exert significant influence over the audit client.57 Thus, significant influence could exist in circumstances where ownership is less than 20 percent.

    55 The extent of a lender's ownership interest would be considered in relation to the concentration of other shareholders, but substantial or majority ownership of an audit client's voting stock by another shareholder would not necessarily preclude the ability to exercise significant influence by the lender. See id.

    56 ASC 323 contains a presumption that in the absence of predominant evidence to the contrary, an investor of 20% or more of the voting stock has the ability to exercise significant influence over the investee. See ASC 323-10-15-8. See also 2000 Adopting Release, supra footnote 9, at 65 FR 76034, note 497 and accompanying text.

    57 Under ASC 323, an investment of less than 20% of the voting stock shall lead to the presumption that an investor does not have the ability to exercise significant influence over the investee unless such ability can be demonstrated. See ASC 323-10-15-8.

    ASC 323 lists several indicators that, as applied to the proposed significant influence test, would suggest a shareholder that owns 20 percent or more of the audit client's voting securities nonetheless may be unable to exercise significant influence over the operating and financial policies of the audit client, including the following:

    • Opposition by the audit client, such as litigation or complaints to governmental regulatory authorities, challenging the shareholder's ability to exercise significant influence;

    • An agreement (such as a standstill agreement) under which the shareholder surrenders significant rights as a shareholder;

    • Majority ownership of the audit client is concentrated among a small group of shareholders who operate the audit client without regard to the views of the shareholder;

    • The shareholder needs or wants more financial information than is available to other shareholders, tries to obtain that information, and fails; 58 and

    58 We recognize that there may be reasons other than a lack of influence—such as concerns under Regulation FD or the antifraud provisions of the federal securities laws generally—that might result in an issuer declining to provide financial information to a shareholder.

    • The shareholder tries and fails to obtain representation on the audit client's board of directors.59

    59See ASC 323-10-15-10.

    In the fund context, we believe that the operating and financial policies relevant to the significant influence test would include the fund's investment policies and day-to-day portfolio management processes, including those governing the selection, purchase and sale, and valuation of investments, and the distribution of income and capital gains (collectively “portfolio management processes”). An audit firm could analyze whether significant influence over the fund's portfolio management processes exists based on an initial evaluation of the fund's governance structure and governing documents, the manner in which its shares are held or distributed, and any contractual arrangements, among any other relevant factors.

    We believe that it would be appropriate to consider the nature of the services provided by the fund's investment adviser(s) pursuant to the terms of an advisory contract with the fund as part of this analysis. In circumstances where the terms of the advisory agreement grant the adviser significant discretion with respect to the fund's portfolio management processes and the shareholder does not have the ability to influence those portfolio management processes, significant influence generally would not exist. The ability to vote on the approval of a fund's advisory contract or a fund's fundamental policies on a pro rata basis with all holders of the fund alone generally should not lead to the determination that a shareholder has significant influence. On the other hand, if a shareholder in a private fund, for example, has a side letter agreement outside of the standard partnership agreement that allows for participation in portfolio management processes (including participation on a fund advisory committee), then the shareholder would likely have significant influence.

    In circumstances where significant influence could exist, the audit firm would then evaluate whether an entity that is a beneficial owner of shares of a fund audit client has the ability to exercise significant influence over the fund and has a debtor-creditor relationship with the audit firm, any covered person in the firm, or any of his or her immediate family members.60 If the auditor determines that significant influence does not exist based on the facts and circumstances at the time of the auditor's initial evaluation, we believe that the auditor should monitor the Loan Provision on an ongoing basis which could be done, for example, by reevaluating its determination when there is a material change in the fund's governance structure and governing documents, publicly available information about beneficial owners, or other information that may implicate the ability of a beneficial owner to exert significant influence of which the audit client or auditor becomes aware.

    60See infra Part II.D for a discussion of the proposed “known through reasonable inquiry” standard.

    We believe that moving to a “significant influence” test would be advantageous. First, the “significant influence” test, which applies qualitative factors to broadly capture influence over an audit client, would be more effective in identifying lender shareholders that threaten an auditor's impartiality and independence than the current 10 percent bright-line test.

    Second, the concept of “significant influence” already exists in the auditor independence rules and in ASC 323. For example, Rule 2-01(c)(1)(i)(E) of Regulation S-X, which generally governs investments in entities that invest in audit clients and investments in entities in which audit clients invest, requires the auditor to assess whether investments are material and whether the investment results in the ability to exercise significant influence over that entity.61 Similarly, the “affiliate of the audit client” definition in the auditor independence rules requires that a determination be made as to whether there are entities over which the audit client has significant influence (unless the entity is not material to the audit client) or any entities that have significant influence over the audit client (unless the audit client is not material to the entity).62 The parties that would be tasked with implementing a “significant influence” test in the Loan Provision—accounting firms, issuers and their audit committees—thus are already required to be familiar with this concept under the auditor independence rules. We believe that these entities likely would be able to leverage any existing practices, processes and controls for determining significant influence to comply with the proposed changes to the Loan Provision.

    61See 2000 Adopting Release, supra footnote 9, at 65 FR 76034. Rule 2-01(c)(1)(i)(E) of Regulation S-X contains several provisions that use a materiality qualifier. For example, an accountant would not be independent if it “[h]as any material investment in an entity over which an audit client has the ability to exercise significant influence. . . .” See Rule 2-01(c)(1)(i)(E)(2) of Regulation S-X. Rule 2-01(c)(1)(i)(E) of Regulation S-X also contains a significant influence provision without a materiality qualifier, in which an accountant would not be independent of its audit client when the accountant “[h]as the ability to exercise significant influence over an entity that has the ability to exercise significant influence over an audit client.” See Rule 2-01(c)(1)(i)(E)(3) of Regulation S-X.

    62See Rule 2-01(f)(4) of Regulation S-X.

    D. Reasonable Inquiry Compliance Threshold

    As described above, another challenge in the application of the current Loan Provision involves the difficulty in accessing information regarding the ownership percentage of an audit client for the purposes of the current 10 percent bright-line test. For example, the shares of closed-end funds are commonly held of record by broker-dealers, which may be reluctant to share information about the underlying beneficial owners. In addition, also as indicated above, institutions may be the holder of record of shares in an audit client merely as custodian or as an omnibus account holder, adding a layer, and in some cases multiple layers, of complexity to obtaining information about the underlying beneficial ownership. Moreover, a beneficial owner may object to disclosure of its name, address, and securities position to the issuer, so that issuers may be unable to obtain the beneficial ownership information for these owners.63

    63 Pursuant to Rule 14a-13(b) under the Exchange Act, an issuer may obtain from broker-dealers and banks a list of the names, addresses and securities positions of only the beneficial owners who either have consented or have not objected to having such information provided to issuers. See 17 CFR 240.14a-13(b).

    We therefore propose to amend the Loan Provision to address the concerns about accessibility to records or other information about beneficial ownership by adding a “known through reasonable inquiry” standard with respect to the identification of such owners. Under this proposed amendment, an audit firm, in coordination with its audit client, would be required to analyze beneficial owners of the audit client's equity securities who are known through reasonable inquiry. We believe that if an auditor does not know after reasonable inquiry that one of its lenders is also a beneficial owner of the audit client's equity securities, including because that lender invests in the audit client indirectly through one or more financial intermediaries, the auditor's objectivity and impartiality is unlikely to be impacted by its debtor-creditor relationship with the lender. This “known through reasonable inquiry” standard is generally consistent with regulations implementing the Investment Company Act, the Securities Act and the Exchange Act,64 and therefore is a concept that already should be familiar to those charged with compliance with the provision.

    64See, e.g., Rule 3b-4 under the Exchange Act (stating, with respect to the definition of foreign private issuer, that “[i]f, after reasonable inquiry, you are unable to obtain information about the amount of shares represented by accounts of customers resident in the United States, you may assume, for purposes of this definition, that the customers are residents of the jurisdiction in which the nominee has its principal place of business.); Rule 144(g) under the Securities Act (noting, with respect to “brokers' transactions” that “[t]he term brokers' transactions in section 4(4) of the [Securities] Act shall for the purposes of this rule be deemed to include transactions by a broker in which such broker: . . . (4) After reasonable inquiry is not aware of circumstances indicating that the person for whose account the securities are sold is an underwriter with respect to the securities or that the transaction is a part of a distribution of securities of the issuer”); Rule 502(d) under the Securities Act (stating, with respect to limits on resales under Regulation D, that “[t]he issuer shall exercise reasonable care to assure that the purchasers of the securities are not underwriters within the meaning of section 2(a)(11) of the [Securities] Act, which reasonable care may be demonstrated by the following: (1) Reasonable inquiry to determine if the purchaser is acquiring the securities for himself or for other persons”). Registered investment companies also are subject to a similar requirement to disclose certain known beneficial owners. See Item 18 of Form N-1A (“State the name, address, and percentage of ownership of each person who owns of record or is known by the Fund to own beneficially 5% or more of any Class of the Fund's outstanding equity securities.”); and Item 19 of Form N-2 (“State the name, address, and percentage of ownership of each person who owns of record or is known by the Registrant to own of record or beneficially five percent or more of any class of the Registrant's outstanding equity securities.”).

    E. Excluding Other Funds That Would Be Considered Affiliates of the Audit Client

    The current definition of “audit client” in Rule 2-01 of Regulation S-X includes all “affiliates of the audit client,” which broadly encompasses, among others, each entity in an ICC of which the audit client is a part. In the fund context, this expansive definition of “audit client” could result in non-compliance with the Loan Provision as to a broad range of entities, even where an auditor does not audit that entity.65 Yet, in the investment management context, investors in a fund typically do not possess the ability to influence the policies or management of another fund in the same fund complex. Although an investor in one fund in a series company can vote on matters put to shareholders of the company as a whole, rather than only to shareholders of one particular series, even an investor with a substantial investment in one series would be unlikely to have a controlling percentage of voting power of the company as a whole.

    65 For example, under the current Loan Provision, an audit firm (“Audit Firm B”) could be deemed not to be independent as to an audit client under the following facts: Audit Firm A audits an investment company (“Fund A”) for purposes of the Custody Rule. A global bank (“Bank”) has a greater than 10 percent interest in Fund A. Bank is a lender to a separate Audit Firm B, but has no lending relationship with Audit Firm A. Audit Firm B audits another investment company (“Fund B”) that is part of the same ICC as Fund A because it is advised by the same registered investment adviser as Fund A. Under these facts, Audit Firm B would not be independent under the existing Loan Provision because the entire ICC would be tainted as a result of Bank's investment relationship with Fund A.

    Moreover, for the purposes of the Loan Provision, the inclusion of certain entities in the ICC as a result of the definition of “audit client” is in tension with the Commission's original goal to facilitate compliance with the Loan Provision without decreasing its effectiveness.66 Indeed, auditors often have little transparency into the investors of other funds in an ICC (unless they also audit those funds), and therefore, are likely to have little ability to collect such beneficial ownership information.

    66See 2000 Adopting Release, supra footnote 9, at 76035 (The Commission, in adopting an ownership threshold of 10 percent, rather than the five percent proposed, stated that “[w]e have made this change because we believe that doing so will not make the rule significantly less effective, and may significantly increase the ease with which one can obtain the information necessary to assure compliance with this rule.”).

    As a result, we propose, for purposes of the Loan Provision, to exclude from the definition of audit client, for a fund under audit, any other fund that otherwise would be considered an affiliate of the audit client.67 Thus, for example, if an auditor were auditing Fund ABC, a series in Trust XYZ, the audit client for purposes of the Loan Provision would exclude all other series in Trust XYZ and any other fund that otherwise would be considered an affiliate of the audit client. The proposed amendment would, without implicating an auditor's objectivity and impartiality, address the compliance challenges associated with the application of the Loan Provision where the audit client is part of an ICC, such as when an accountant is an auditor of only one fund within an ICC, and the auditor must be independent of every other fund (and other entity) within the ICC, regardless of whether the auditor audits that fund.

    67See proposed Rule 2-01(c)(1)(ii)(A)(2) of Regulation S-X: “For purposes of paragraph (c)(1)(ii)(A) of this section, the term audit client for a fund under audit excludes any other fund that otherwise would be considered an affiliate of the audit client. The term fund means an investment company or an entity that would be an investment company but for the exclusions provided by section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)).”

    III. Request for Comment

    We request and encourage any interested person to submit comments on any aspect of our proposed amendments, other matters that might have an effect on the proposed amendments, and any suggestions for additional changes to other parts of Rule 2-01 of Regulation S-X. We note that comments are of greatest assistance where accompanied by supporting data and analysis of the issues addressed in those comments.

    We also specifically seek comment on the following changes to the Loan Provision:

    1. Focus the Analysis Solely on Beneficial Ownership

    ○ Should the Loan Provision be analyzed by reference to beneficial owners rather than record owners? Why or why not?

    ○ Would eliminating the requirement to analyze record owners under the Loan Provision ease compliance challenges described above under Section 1.B.? Is there any further guidance the Commission should provide, or should the Commission consider alternatives?

    ○ Would eliminating the requirement to analyze record owners under the Loan Provision raise other concerns about the independence of auditors? If so, what concerns would it raise and why?

    ○ If the Commission merely amended the Loan Provision to provide for evaluation of the beneficial owner, rather than record owner, would other proposed amendments be necessary or appropriate? Why or why not?

    2. “Significant Influence” Test

    ○ Should we amend the Loan Provision to replace the 10 percent bright-line test with a “significant influence” test? Why or why not?

    ○ Would the proposed reference to ASC's 323's provisions for “significant influence” effectively identify those lending relationships that may compromise auditor independence?

    ○ Would amending the Loan Provision to replace the 10 percent bright-line test with a “significant influence” test, along with the other proposed amendments, address the compliance challenges that we identify above?

    ○ Application of “significant influence” for financial reporting purposes and evaluation of auditor independence may not necessarily be congruent. Accordingly, does ASC 323—Investments—Equity Method and Joint Ventures, provide an appropriate framework for analyzing “significant influence” in the context of the Loan Provision? Why or why not?

    ○ Are there challenges associated with implementing the “significant influence” test that we should consider? Will accounting firms' and audit clients' relative experience with application of the “significant influence” test, given its use in other contexts, mitigate any such challenges? To what extent do audit clients lack experience with application of the significant influence test, and what costs would such audit clients bear in learning to apply the test? Will funds, which may have relatively less experience than operating companies with the significant influence test, face any particular challenges in applying the test?

    ○ Is the proposed “significant influence” test sufficiently clear? Are there specific circumstances for which we should provide additional guidance? For example, we discuss above the application of the significant influence test in the fund context. Is the guidance sufficiently clear? Would the application of the significant influence test as applied to funds be effective in addressing the compliance challenges generated by the current Loan Provision while also identifying debtor-creditor relationships that may bear on an auditor's independence with respect to a fund client? Why or why not? Is there further guidance that we should provide or other approaches that we should consider?

    ○ Should the “significant influence” test (or specific elements) be codified in our rules? Why or why not?

    ○ Authorized participants (“APs”) for ETFs deposit or receive basket assets in exchange for creation units of the fund. We believe that the deposit or receipt of basket assets by an AP that is also a lender to the auditor alone would not constitute significant influence over an ETF audit client. Should we provide additional guidance about the proposed “significant influence” test with respect to APs? Similarly, should we provide additional guidance about the proposed “significant influence” test with respect to a market maker that is also a lender to the auditor and that engages an AP on an agency basis to create or redeem creation units of the ETF on its behalf?

    ○ ASC 323 includes a rebuttable presumption of 20 percent. For purposes of the Loan Provision and the proposed significant influence test, should the rebuttable presumption be lower or higher than 20 percent? Would a lower threshold (e.g., 10 percent) be more likely to capture relevant independence-impairing relationships, or to result in additional false positives that the proposed rule seeks to avoid? Would setting our threshold differently than ASC 323 diminish the benefits that we seek to achieve by using an existing standard—e.g., by requiring the reperformance of certain analyses at a greater degree of sensitivity? How much more complex would it be to apply a threshold other than 20 percent? Are there further relevant facts about a lower or higher threshold that we should consider?

    ○ Would the proposed amendment raise any new concerns regarding auditor independence (e.g., are there circumstances related to lending relationships in which an auditor's independence should be considered impaired that would not be identified under the proposed “significant influence” test)? Conversely, would the proposed “significant influence” test result in an auditor's independence being considered impaired in circumstances under which the auditor should otherwise be considered independent?

    ○ Should we consider alternatives to this test? If so, what tests should we consider, and what would be the anticipated costs and benefits? For example, should the modifier “significant” be removed, such that the test hinges on whether a lender shareholder has influence over an audit client? Why or why not? What is the difference between “influence” and “significant influence” in the auditor independent context and how does that difference inform the test?

    ○ Should the nature of the services provided by the investment adviser be part of the significant influence test as proposed? Why or why not?

    3. “Known Through Reasonable Inquiry”

    ○ Should the Loan Provision include a “known through reasonable inquiry” standard? Why or why not? What alternatives should we consider?

    ○ Would the proposed “known through reasonable inquiry” standard with respect to identifying beneficial owners help to address compliance challenges associated with the Loan Provision?

    ○ Are there specific circumstances for which we should provide additional guidance about the proposed “known through reasonable inquiry” standard?

    ○ Does the “known through reasonable inquiry” standard raise any new concerns regarding auditor independence (e.g., are there circumstances related to lending relationships in which an auditor's independence should be considered impaired that would not be identified under the proposed amendment and the use of “known through reasonable inquiry” standard)?

    ○ Alternatively, should we amend the Loan Provision to apply the significant influence test to “known beneficial owners” of an audit client's equity securities, without also including a reasonable inquiry standard, consistent with the way beneficial owners are treated elsewhere in Regulation S-X (that is, when assessing compliance with the Loan Provision, the determination would encompass assessing whether the known beneficial owners have significant influence over the audit client)? 68

    68 Under Rule 1-02(r) of Regulation S-X, “principal holder of equity securities,” when used in respect of a registrant or other person named in a particular statement or report, is defined to mean: “a holder of record or a known beneficial owner of more than 10 percent of any class of equity securities of the registrant or other person, respectively, as of the date of the related balance sheet filed.” (emphasis added). This approach also would be consistent with the disclosure requirements for registered funds, which require a fund to disclose information about known beneficial owners of five percent or more of the fund's securities. See Item 18 of Form N-1A (“State the name, address, and percentage of ownership of each person who owns of record or is known by the Fund to own beneficially 5% or more of any Class of the Fund's outstanding equity securities.”); and Item 19 of Form N-2 (“State the name, address, and percentage of ownership of each person who owns of record or is known by the Registrant to own of record or beneficially five percent or more of any class of the Registrant's outstanding equity securities.”).

    4. Proposed Amendment To Exclude From “Audit Client” Other Funds That Would Be Considered an “Affiliate of the Audit Client”

    ○ Should affiliates of an audit client be excluded from the definition of “audit client” as it relates to the Loan Provision? Why or why not?

    ○ Would the proposed amendment to exclude from the term “audit client” for a fund under audit any other fund that otherwise would be considered an “affiliate of the audit client” address compliance challenges associated with the Loan Provision while still effectively identifying lending relationships that may impair auditor independence?

    ○ Would the proposed amendment appropriately exclude funds of an “investment company complex” (other than the fund under audit) that are currently within the Loan Provision's ambit?

    ○ Alternatively, are there other changes we should consider to the Loan Provision to appropriately exclude certain affiliated funds?

    In addition to any comments regarding the proposed amendments, we also seek comment on the following potential changes to the Loan Provision and to other provisions in Rule 2-01 that we considered but determined not to propose at this time.

    A. Materiality

    The proposed amendments to the Loan Provision do not consider whether the lender's investment in the equity securities of the audit client is material to the lender or to the audit client.69 We believe that adding a materiality qualifier to the proposed significant influence test is unnecessary to achieve our goal of effectively and appropriately identifying lending relationships that could pose threats to auditor independence. Nevertheless, we request comment on whether there should be a materiality qualifier as part of the Loan Provision.

    69 Certain other provisions of the existing auditor independence rules utilize a materiality qualifier. For example, an accountant is deemed not to be independent if the accountant has “any direct financial interest or material indirect financial interest in the accountant's audit client.” See Rule 2-01(c)(1) of Regulation S-X. (emphasis added)

    ○ For example, should we include a provision for assessing materiality in the Loan Provision such that an auditor's independence would only be impaired as a result of certain relationships where the lender to the auditing firm has beneficial ownership in the audit client's equity securities and that investment is material to the lender or to the audit client (and the lender has the ability to exercise significant influence over the audit client)? Would that approach more effectively identify lending relationships that are likely to threaten the auditor's objectivity and impartiality? Would focusing on the perspective of the lender, the audit client, or both be the most effective barometer of independence?

    ○ If we were to add a materiality qualifier to the Loan Provision as described above, which qualitative and quantitative factors should be considered in making the materiality assessment? Would such a materiality assessment add unnecessary complexity to the significant influence analysis? Would a materiality qualifier tend to exclude most lending relationships from the Loan Provision? What guidance, if any, should the Commission provide?

    B. Accounting Firms' “Covered Persons” and Immediate Family Members

    The Loan Provision is implicated with respect to loans both to and from an accounting firm, and also any “covered person” in the firm or any of his or her immediate family members.70 Some of the consultations the Commission staff have had with audit firms, funds, and operating companies involved lending relationships to or from covered persons or their immediate family members.

    70See Rule 2-01(c)(1)(ii)(A) and (f)(11) of Regulation S-X.

    ○ Should we amend the definition of “covered person” for purposes of the Loan Provision or elsewhere in the auditor independence rules, and if so, how should the definition of “covered person” be amended?

    ○ In particular, taking into account the proposed “significant influence” test, should we, for example, remove or revise the part of the current definition that includes any partner, principal, or shareholder from an “office” of the accounting firm in which the lead audit engagement partner primarily practices in connection with the audit? Should all of these persons practicing out of an office from which an audit is conducted be included? Should immediate family members be removed from the definition? Why or why not?

    ○ In addition, the Loan Provision provides that it does not apply to certain loans made by a financial institution under its normal lending procedures, terms, and requirements, such as automobile loans and leases collateralized by the automobile. Should we consider expanding or otherwise modifying the specific types of loans that will not implicate the Loan Provision, given that the Loan Provision applies to covered persons of the accounting firm and their immediate family members? For example, should the Loan Provision address student loans or partner capital account loans? If so, how should it address them? For example, should it exclude them altogether or exclude them under certain conditions? If so, under what conditions?

    C. Evaluation of Compliance

    Rule 2-01(c)(1) of Regulation S-X provides that an accountant is not independent if the accountant has an independence-impairing relationship specified in the rule at any point during the audit and professional engagement period. Some existing disclosure requirements require information about beneficial owners as of a specified date.71

    71See e.g., Item 18 of Form N-1A and Item 19 of Form N-2.

    ○ Should the rule provide that auditor independence may be assessed in reliance on such disclosures? Should we make any changes related to the frequency with which, the date as of which, or circumstances under which, an auditor must assess compliance with the Loan Provision or other provisions of Rule 2-01 of Regulation S-X? More specifically, should we permit the Loan Provision or other financial relationships to be assessed at specific dates during the audit and professional engagement period, or the beginnings or ends of specific periods, or under specified circumstances? If so, what would be appropriate dates, periods, or circumstances?

    We believe that if the auditor determines that significant influence over the fund's management processes could not exist,72 the auditor could monitor its independence on an ongoing basis by reevaluating its determination in response to a material change in the fund's governance structure and governing documents, publicly available information about beneficial owners, or other information which may implicate the ability of a beneficial owner to exert significant influence of which the audit client or auditor becomes aware.

    72 For funds, the auditor's initial determination would be based on an evaluation of a fund's governance structure and governing documents, the manner in which its shares are held or distributed, and any contractual arrangements, among any other relevant factors.

    ○ Would this approach be sufficient for evaluating compliance with the Loan Provision? Why or why not?

    D. Secondary Market Purchases of Debt

    The existing Loan Provision encompasses lending arrangements that may change depending upon secondary market purchases of syndicated or other debt. For example, audit firms may issue private placement notes for financing purposes, which could then be sold on the secondary market to new purchasers thereby creating new lending relationships between the audit firm and these new secondary market purchasers.

    ○ Should such secondary market relationships be taken into account or excluded from the Loan Provision? Do secondary market relationships raise concerns about auditor independence?

    E. Other Changes to the Commission's Auditor Independence Rules

    ○ Should we make other changes to our auditor independence rules? If so, which rules and why?

    ○ Would our proposed amendments have any unintended impact on other professional standards that may exist, such as the requirements of the PCAOB, professional societies, or state boards of accountancy?

    IV. Paperwork Reduction Act

    The amendments we are proposing do not impose any new “collections of information” within the meaning of the Paperwork Reduction Act of 1995 (“PRA”),73 nor do they create any new filing, reporting, recordkeeping, or disclosure requirements. Accordingly, we are not submitting the proposed amendments to the Office of Management and Budget for review in accordance with the PRA.74 We request comment on whether our conclusion that there are no collections of information is correct.

    73 44 U.S.C. 3501 et. seq.

    74 44 U.S.C. 3507(d) and 5 CFR 1320.11.

    V. Economic Analysis

    The Commission is proposing to amend the Loan Provision in Rule 2-01 of Regulation S-X by: (1) Focusing the analysis solely on beneficial ownership; (2) replacing the existing 10 percent bright-line equity shareholder ownership test with a “significant influence” test; (3) adding a “known through reasonable inquiry” standard with respect to identifying beneficial owners of the audit client's equity securities; and (4) amending the definition of “audit client” for a fund under audit to exclude from the provision funds that otherwise would be considered affiliates of the audit client.

    Under existing rules, the bright-line test does not recognize an accountant as independent if the accounting firm, any covered person in the firm, or any of his or her immediate family members has any loan to or from an audit client or an audit client's officers, directors, or record or beneficial owners of more than 10 percent of the audit client's equity securities. In terms of the scope of the “audit client” definition, the existing rule is generally broad, including as it relates to an audit client in an ICC.75 As discussed above, Commission staff has engaged in extensive consultations with audit firms, funds, and operating companies regarding the application of the Loan Provision. These consultations revealed that a number of entities face significant practical challenges to compliance with the Loan Provision. These discussions also revealed that in certain scenarios, in which the Loan Provision was implicated, the auditor's objectivity and impartiality in performing the required audit and interim reviews were not impaired.

    75See supra footnote 16 and accompanying text.

    We are mindful of the costs imposed by and the benefits obtained from our rules and amendments.76 The following economic analysis seeks to identify and consider the likely benefits and costs that would result from the proposed amendments, including their effects on efficiency, competition, and capital formation. The discussion below elaborates on the likely economic effects of the proposed rules.

    76 Section 2(b) of the Securities Act [15 U.S.C. 77b(b)], Section 3(f) of the Exchange Act [17 U.S.C. 78c(f)], Section 2(c) of the Investment Company Act [15 U.S.C. 80a-2(c)], and Section 202(c) of the Investment Advisers Act [15 U.S.C. 80b-2(c)] require the Commission, when engaging in rulemaking where it is required to consider or determine whether an action is necessary or appropriate in the public interest, to consider, in addition to the protection of investors, whether the action will promote efficiency, competition and capital formation. Additionally, Section 23(a)(2) of the Exchange Act [15 U.S.C. 78w(a)(2)] requires us, when adopting rules under the Exchange Act, to consider, among other things, the impact that any new rule would have on competition and not to adopt any rule that would impose a burden on competition that is not necessary or appropriate in furtherance of the Exchange Act.

    A. General Economic Considerations

    Given that the actions of fund and operating company management are not usually observable, the information contained in mandated financial reports is important to investors, because it serves as a summary measure of outcomes of managerial actions and decisions.77 However, financial reports are prepared by agents, and given the possibility that agents may have incentives to take actions that are not in the best interest of shareholders, agents may also have incentives to misreport such decisions and their outcomes. In order for the reported information to be useful to investors, it needs to be relevant and reliable. The independent audit of such information by impartial skilled professionals (i.e., auditors) is intended to create reliability in financial reports.78 Any potential conflicts of interest between companies or funds and their auditors may impair the objectivity and impartiality of the auditors in certifying the reported performance, thus lowering the credibility and usefulness of these disclosures to investors. Academic literature discusses and documents the importance of the role of auditors as an external governance mechanism for the firm.79 These studies generally find that better audit quality improves financial reporting by increasing the credibility of the financial reports.

    77 We use the terms agent and manager interchangeably.

    78See M. Defond & J. Zhang, A Review of Archival Auditing Research, 58 J. Acct. & Econ. 275-326 (2014).

    79See e.g. , N. Tepalagul & L. Lin, Auditor Independence and Audit Quality: A Literature Review, 30 J. Acct. Audit. & Fin. 101-121 (2015); M. Defond & J. Zhang, A Review of Archival Auditing Research, 58 J. Acct. & Econ. 275-326 (2014); Y. Chen, S. Sadique, B. Srinidhi, & M. Veeraraghavan, Does High‐Quality Auditing Mitigate or Encourage Private Information Collection?; and R. Ball, S. Jayaraman & L. Shivakumar, Audited Financial Reporting and Voluntary Disclosure as Complements: A Test of the Confirmation Hypothesis, J. Acct. & Econ. 53(1): 136-166 (2012).

    An accounting firm is not independent under the Loan Provision's existing bright-line shareholder ownership test if the firm has a lending relationship with an entity having record or beneficial ownership of more than 10 percent of the equity securities of either (a) the firm's audit client; or (b) any “affiliate of the audit client,” including, but not limited to, any entity that is a controlling parent company of the audit client, a controlled subsidiary of the audit client, or an entity under common control with the audit client. The magnitude of a party's investment in a company or fund is likely to be positively related with any incentive of that party to use leverage over the auditor with whom the party has a lending relationship, to obtain personal gain.

    The 10 percent bright-line test in the Loan Provision does not, however, distinguish between holders of record and beneficial owners even though beneficial owners are more likely to pose a risk to auditor independence than record owners given that the financial gain of beneficial owners is tied to the performance of their investment, and as such, beneficial owners may have strong incentives to influence the auditor's report. Record owners, on the other hand, may not benefit from the performance of securities of which they are record owners, and as such, they may have low incentives to influence the report of the auditor. Both the magnitude as well as the type of ownership are likely to be relevant factors in determining whether incentives exist for actions that could impair auditor independence. Beneficial ownership of more than 10 percent of a company's or fund's equity securities by a lender to the company's or fund's auditor is likely to pose a more significant risk to auditor independence than record ownership of more than 10 percent of the company's or fund's securities by the same lender.

    The current Loan Provision may in some cases over-identify and in other cases under-identify threats to auditor independence. The likelihood that the provision over-identifies threats to auditor independence will tend to be higher when the lender is not a beneficial owner of an audit client and does not have incentives to influence the auditor's report, but has record holdings that exceed the 10 percent ownership threshold. On the other hand, under-identification of the threat to auditor independence may occur when the lender is a beneficial owner—implying the existence of potential incentives to influence the auditor's report—and the investment is close to, but does not exceed, the 10 percent ownership threshold.80

    80 We are unable to estimate the extent to which the 10 percent ownership threshold may over- or under-identify threats to independence because public data do not exist.

    We are not aware of academic studies that specifically examine the economic effects of the Loan Provision. The remainder of the economic analysis presents the baseline, anticipated benefits and costs from the proposed amendments, potential effects on efficiency, competition and capital formation, and alternatives to the proposed amendments.

    B. Baseline

    The proposed amendments would change the Loan Provision compliance requirements for the universe of affected registrants. We believe the main affected parties would be audit clients, audit firms, and institutions engaging in financing transactions with audit firms and their partners and employees. Other parties that may be affected are covered persons and their immediate family members. Indirectly, the proposed amendment would affect audit clients' investors.

    We are not able to precisely estimate the number of current auditor engagements that would be immediately affected by the proposed amendments. Specifically, precise data on how audit firms finance their operations and how covered persons arrange their personal financing are not available to us and as such we are not able to identify pairs of auditors-institutions (lenders). Moreover, sufficiently detailed and complete data on fund ownership are not available to us, thus limiting our ability to estimate the prevalence/frequency of instances of significant fund ownership by institutions that are also lenders to fund auditors.

    Although data on fund ownership are not readily available, academic studies of operating companies have shown that for a selected sample of firms, the average blockholder (defined as beneficial owners of five percent or more of a company's stock) holds about 8.5percent of a company's voting stock.81 They also show that numerous banks and insurance companies are included in the list of blockholders. These findings suggest that the prevalence of instances of significant ownership by institutions that are also lenders to auditors could be high.

    81See Y. Dou, O. Hope, W. Thomas & Y. Zou, Blockholder Heterogeneity and Financial Reporting Quality, working paper (2013).

    As mentioned above, the proposed amendments would impact audits for the universe of affected entities. The baseline analysis below focuses mainly on the investment management industry because that is where the most widespread issues with Loan Provision compliance have been identified to date; however, the proposed amendments would affect entities outside of this space.82

    82 According to the SEC's EDGAR database, during the period from January 1, 2017 to December 31, 2017, there were a total of 7,585 entities that filed at least one Form 10-K, 20-F, or 40-F, or an amendment to one of these forms. This total does not include investment companies and business development companies.

    In Table 1, as of December 2017, there were around 12,000 fund series, with total net assets of $21 trillion, that file Form N-SAR with identified accounting firms.83 In addition, there were 23 accounting firms performing audits for these investment companies, though these auditing services were concentrated among the four largest accounting firms. Indeed, about 88 percent of the funds were audited by the four largest accounting firms, corresponding to 98percent of the aggregate fund asset value.84

    83 There are certain limitations regarding information reported on Form N-SAR and, as a result, this does not include information for all registered investment companies. If we were to incorporate private funds, the number would be significantly larger; the assets under management of private funds are also large.

    84 According to the 2017 PCAOB Annual Report, there were 535 audit firms registered with the PCAOB that have issued audit reports for issuers (of which 338 are domestic audit firms, with the remaining 197 audit firms located outside the United States). The concentration in the provision of audit services for investment companies is indicative of the overall market as well. According to a report by Audit Analytics, the four largest accounting firms audit 76% of accelerated and large accelerated filers, which account for 97.9% of the market capitalization for public companies. See Who Audits Larger Public Companies-2016 Edition, available at http://www.auditanalytics.com/blog/who-audits-larger-public-companies-2016-edition.

    Table 1—Investment Company Auditors and Their Audited Fund Series [N-SARs filed for period dates: June 2017-December 2017] Total number of Fund Series 11,666 Average number of Fund Series Per Auditor 507 Average Net Assets (in millions) Per Auditor 907,813 Four Largest Audit Firms Total number of Fund Series 10,177 Average number of Fund Series Per Auditor 2,544 Average Net Assets (in millions) Per Auditor 5,137,472 % of Four Audit Firms by Series 87 % of Four Audit Firms by Net Assets 98

    One key feature of the current rule is that the scope of the auditor independence rules, including the Loan Provision, extends beyond the audit client to encompass affiliates of the audit client. According to Morningstar Direct, as of December 31, 2017, 586 out of 977 fund families 85 (excluding closed-end funds) have more than one fund, 180 have at least 10 funds, 59 have more than 50 funds, and 38 have more than 100 funds. According to the Investment Company Institute, also as of December 31, 2017, there were more than 11,188 open-end funds and around 5,500 closed-end funds, with many funds belonging to the same fund family. Given that many fund complexes have several funds with some complexes having several hundreds of funds, if any auditor is deemed not in compliance with the Loan Provision with respect to one fund, under the current rule it cannot audit any of the hundreds of other funds within the same ICC.

    85 These fund statistics are based on information available from Morningstar Direct, and may not represent the universe of fund companies.

    In response to compliance challenges and as discussed above, Commission staff issued the Fidelity No-Action Letter to provide relief from the uncertainty surrounding compliance with the Loan Provision. The Fidelity No-Action Letter, however, did not resolve all compliance uncertainty, was limited in scope and provided staff-level relief to the requestor based on the specific facts and circumstances in the request, and did not amend the underlying rule. Staff continues to receive inquiries from registrants and accounting firms regarding the application of the Loan Provision, clarification of the application of the Fidelity No-Action Letter, and requests for consultation regarding issues not covered in the Fidelity No-Action Letter. As a result of the remaining compliance uncertainty, auditors and audit committees may spend a significant amount of time and effort to comply with the Loan Provision.

    C. Anticipated Benefits and Costs, and Unintended Consequences 1. Anticipated Benefits

    Overall, we anticipate monitoring for non-compliance throughout the reporting period would be less burdensome for registrants under the proposed amendments. For example, based on the 10 percent bright-line test, an auditor may be in compliance at the beginning of the reporting period. However, the percentage of ownership may change during the reporting period, which may result in an auditor becoming non-compliant, even though there may be no threat to the auditor's objectivity or impartiality. Further, a higher threshold (20 percent) for presumed significant influence, as well as a qualitative framework for assessing what constitutes significant influence, could better identify a lack of independence.

    There are also potential benefits associated with excluding record holders from the Loan Provision. Currently, the Loan Provision uses the magnitude of ownership by an auditor's lender as an indication of the likelihood of a threat to auditor independence regardless of the nature of ownership. From an economic standpoint, the nature of ownership also could determine whether incentives as well as the ability of the lender to use any leverage (due to the lending relationship) over the auditor exist that could affect the objectivity of the auditor. For example, a lender that is a record owner of the audit client's equity securities may be less likely to attempt to influence the auditor's report than a lender that is a beneficial owner of the audit client's equity securities. By taking into account the nature as well as the magnitude of ownership, the proposed amendments would focus on additional qualitative information to assess the relationship between the lender and the investee (e.g., a company or fund). Thus, we believe that, where there may be weak incentives by the lender to influence the audit, as when the lender is only a holder of record, the proposed amendments would exclude relationships that are not likely to be a risk to auditor independence. The proposed amendments would thus provide benefits to the extent that they would alleviate compliance and related burdens that auditors and funds would otherwise undertake to analyze debtor-creditor relationships that are not likely to threaten an auditor's objectivity and impartiality. Affected registrants also would be less likely to disqualify auditors in situations that do not pose a risk to auditor independence, thereby reducing auditor search costs for these entities.

    The potential expansion of the pool of eligible auditors also could result in better matching between the auditor and the client. For example, auditors tend to exhibit a degree of specialization in certain industries.86 If specialized auditors are considered not to be independent due to the Loan Provision, then an auditor without the relevant specialization may be selected by companies to perform the audit. Such an outcome could impact the quality of the audit, and as a consequence negatively impact the quality of financial reporting, and therefore the users of information contained in audited financial reports. In addition, this outcome also may lead to less specialized auditors expending more time to perform the audit service, thereby increasing audit fees for registrants. We anticipate that the proposed amendments likely would positively impact audit quality for scenarios such as the one described above. Relatedly, if the proposed amendments expand the pool of eligible auditors, we expect increased competition among auditors, which could reduce the cost of audit services to affected companies and, if such cost savings are passed through to investors, could result in a lower cost to investors. However, as discussed in Section V.B above, the audit industry is highly concentrated, and as a consequence, such a benefit may not be significant.87

    86See e.g. , N. Dopuch & D. Simunic, Symposium, Competition in Auditing: An Assessment, Fourth Symposium on Auditing Research, p 401-450 (1982); and R.W. Knechel, V. Naiker & G. Pachecho, Does Audit Industry Specialization Matter? Evidence from Market Reaction to Auditor Switches, 26 Audit. J. Prac. & Theory 19-45 (2007).

    87 The proposed amendments could result in some crowding-out effect, as the four largest audit firms may be deemed to be independent with more clients under the proposed amendments, crowding out small audit firms. We discuss this effect in more detail in Section V.D below. However, we believe that better matching between auditor specialization and their clients and the reduced unnecessary auditor turnovers could potentially prevent audit quality decline and in the long run may improve audit quality.

    Another potential benefit of the proposed amendments is that the replacement of the bright-line test with the significant influence test could potentially identify risks to auditor independence that might not have been identified under the existing 10 percent bright-line test. For example, a beneficial owner that holds slightly less than 10 percent of an audit client's equity securities is likely to have similar incentives and ability to influence the auditor's report than a beneficial owner that holds the same audit client's equity securities at slightly above the 10 percent threshold. The existing Loan Provision itself would differentially classify these two hypothetical situations, despite their similarity. To the extent that the proposed amendments are able to improve identification of potential risks to auditor independence through the use of qualitative criteria, then investors are likely to benefit from the proposed amendments. In the example above, under the proposed amendments, an audit firm would evaluate both beneficial owners to determine if they have significant influence, thus providing a consistent analysis under the Loan Provision for these economically similar fact patterns.

    In addition, there may be instances in which non-compliance with the Loan Provision may occur during the reporting year, after an auditor is selected by the registrant or fund. Particularly for companies in the investment management industry, an auditor may be deemed to comply with the Loan Provision using the bright-line test when the auditor is hired by the fund but, due to external factors, such as redemption of investments by other owners of the fund during the period, the lender's ownership level may increase and exceed 10 percent. Such outcomes would be less likely under the proposed amendments, which take into account multiple qualitative factors in determining whether the Loan Provision is implicated during the period.88 We anticipate that the proposed amendments would likely mitigate changes in auditors' independence status and mitigate any negative consequences that can arise from uncertainty about compliance and the associated costs to the funds or companies involved and their investors.

    88 The concept of significant influence, as described in ASC Topic 323, Investments—Equity Method and Joint Ventures, incorporates a rebuttable presumption of significant influence once beneficial ownership exceeds 20% of an audit client's securities. We discuss the effects of this provision in Section II.C above.

    The proposed amendment to add a “known through reasonable inquiry” standard could potentially improve the practical application of the significant influence test. As described above, some of the challenges to compliance with the existing Loan Provision involve the lack of access to information about the ownership percentage of a fund that was also an audit client. If an auditor does not know that one of its lenders is also an investor in an audit client, including because that lender invests in the audit client indirectly through one or more financial intermediaries, the auditor's objectivity and impartiality may be less likely to be impacted by its debtor-creditor relationship with the lender. The proposed “known through reasonable inquiry” standard is generally consistent with regulations implementing the Investment Company Act, the Securities Act and the Exchange Act,89 and therefore is a concept that already should be familiar to those charged with compliance with the provision. The proposed standard is expected to reduce the compliance costs for audit firms as they could significantly reduce their search costs for information and data to determine beneficial ownership. Given that this would not be a new standard in the Commission's regulatory regime, we do not expect a significant adjustment to apply the “known through reasonable inquiry” standard for auditors and their audit clients.

    89See supra footnote 64.

    The proposal to amend the definition of “audit client” to exclude any fund not under audit but that otherwise would be considered an “affiliate of the audit client” could potentially lead to a larger pool of eligible auditors, potentially reducing the costs of switching auditors, and potentially creating better matches between auditors and clients. In addition, the larger set of potentially eligible auditors could lead to an increase in competition among auditors for clients, and improved matching between auditor specialization and client needs. Though the concentrated nature of the audit industry may not give rise to a significant increase in competition, the improved matching between specialized auditors and their clients should have a positive effect on audit quality.

    The proposed amendments could also have a positive impact on the cost of audit firms' financing. The proposed amendments may result in an expanded set of choices among existing sources of financing. This could lead to more efficient financing activities for audit firms, thus potentially lowering the cost of capital for audit firms.90 If financing costs for audit firms decrease as a result of the proposed amendments, then such savings may be passed on to the audit client in the form of lower audit fees. Investors also may benefit from reduced audit fees if the savings are passed on to investors. The Commission understands, however, that audit firms likely already receive favorable financing terms. Therefore, this effect may not be significant in practice.

    90 Studies on capital markets across countries suggest that better access to financing leads to more investment efficiency. See e.g. , T. Rice & P. Strahan, Does Credit Competition Affect Small-Firm Finance, 65 J. Fin. 861-889 (2010); R. Mclean, T. Zhang & M. Zhao, Why does the Law Matter? Investor Protection and its Effects on Investment, Finance, and Growth, 67 J. Fin. 313-350 (2012); and J. Wurgler, Financial Markets and the Allocation of Capital, 58 J. Fin. 187-214 (2000).

    The replacement of the bright-line 10 percent test with the significant influence test also potentially allows more financing channels for the covered persons in accounting firms and their immediate family members.91 For example, the covered persons may not be able to borrow money from certain lenders due to potential non-compliance with the existing Loan Provision. A larger set of financing channels may potentially lead to lower cost of capital for covered persons, increasing their opportunities for investment.

    91See supra footnote 11.

    2. Anticipated Costs and Potential Unintended Consequences

    The proposed significant influence test may increase the demands on the time of auditors and audit clients to familiarize themselves with the test and gather and assess the relevant information to apply the test. However, given that the significant influence test has been part of the Commission's auditor independence rules since 2000 and has existed in U.S. GAAP since 1971, we do not expect a significant learning curve in applying the test. We also do not expect significant compliance costs for auditors to implement the significant influence test in the context of the Loan Provision given that they already are required to apply the concept in other parts of the auditor independence rules. We recognize that funds do not generally apply a significant influence test for financial reporting purposes. As such, despite the fact that they are required to apply the significant influence test to comply with the existing Commission independence rules, their overall familiarity in other contexts may be less. As a result, the proposed significant influence test may increase the demands on the time of funds and their auditors to gather and assess the relevant information and attendant costs.

    The replacement of the bright-line threshold test with the significant influence test and the “known through reasonable inquiry” standard would introduce more judgment in the determination of compliance with the Loan Provision. As discussed earlier, the significant influence test contains multiple qualitative elements to be considered in determining whether an investor has significant influence over the operating and financial policies of the investee. These elements include, but are not limited to, representation on the board of directors; participation in policy-making processes; material intra-entity transactions; interchange of managerial personnel; and technological dependency. To the extent an auditor and audit client need to adjust their compliance activities to now focus on these new elements, there may be additional transition costs. The judgment involved in application of the significant influence test also could lead to potential risks regarding auditor independence. In particular, because the significant influence test relies on qualitative factors that necessarily involve judgment, there is a risk that the significant influence test could result in mistakenly classifying a non-independent auditor as independent under the Loan Provision. However, auditor reputational concerns may impose some discipline on the application of the significant influence test in determining compliance with the Loan Provision, thus mitigating this risk.

    D. Effects on Efficiency, Competition and Capital Formation

    The Commission believes that the proposed amendments are likely to improve the practicality of the Loan Provision, enhance efficiency of implementation, and reduce compliance burdens. They also may facilitate capital formation.

    The proposed amendments may expand a particular audit client's choices by expanding the number of auditors that meet the auditor independence rules under the Loan Provision. As discussed earlier, the current bright-line test may be over-inclusive under certain circumstances. If more audit firms are eligible to undertake audit engagements without implicating the Loan Provision, then audit clients will have more options and as a result audit costs may decrease, although given the highly concentrated nature of the audit industry, this effect may not be significant. Moreover, the potential expansion of choice among eligible audit firms and the reduced threat of being required to switch auditors may lead to better matching between the audit client and the auditor. Improved matching between auditor specialties and audit clients could enable auditors to perform auditing services more efficiently, thus potentially reducing audit fees and increasing audit quality over the long term. Higher audit quality is linked to better financial reporting, which could result in a lower cost of capital. Reduced expenses and higher audit quality may decrease the overall cost of investing as well as the cost of capital, with potential positive effects on capital formation. However, due to the concentrated nature of the audit industry, we acknowledge that any such effects may not be significant.

    The replacement of the existing bright-line test with the significant influence test could more effectively capture those relationships that may pose a threat to an auditor's objectivity and impartiality. To the extent that the proposed amendments do so, the quality of financial reporting is likely to improve, and the amount of board attention to independence questions when impartiality is not at issue is likely to be reduced, thus allowing a fund board to focus on its role as an independent check on fund management. An operating company's board might focus on hiring the best management, choosing the most value-enhancing investment projects, and monitoring management to maximize shareholder value. This sharpened focus could potentially benefit shareholders. Furthermore, we expect that improved identification of threats to auditor independence would increase investor confidence about the quality and accuracy of the information reported. Reduced uncertainty about the quality and accuracy of financial reporting should attract capital, and thus facilitate capital formation.

    Under the proposed amendments, audit firms would potentially be able to draw upon a larger set of lenders. This potentially could lead to greater competition among the lending institutions, leading to lower borrowing costs for audit firms. Again, this could result in lower audit fees, lower fund fees, lower compliance expenses, and help facilitate capital formation, to the extent that lower borrowing costs for audit firms get passed on to their audit clients.

    The proposed amendments also may potentially lead to changes in the competitive structure of the audit industry. We expect more accounting firms to be eligible to provide auditing services and be in compliance with auditor independence under the proposed amendments. If the larger audit firms are the ones more likely to engage in significant financing transactions and are more likely to not be in compliance with the existing Loan Provision, then these firms are more likely to be positively affected by the proposed amendments. In particular, these firms may be able to compete for or retain a larger pool of audit clients. At the same time, the larger firms' potentially increased ability to compete for audit clients could potentially crowd out the auditing business of smaller audit firms. However, we estimate that four audit firms already perform 88 percent of audits in the registered investment company space.92 As a result, we do not expect any potential change in the competitive dynamics among auditors for registered investment companies to be significant.

    92 The market share of the four largest accounting firms in other industries is significantly high as well. According to the sample of 7,180 registrants covered by Audit Analytics in 2016, the four largest accounting firms' mean (median) market share across industries (based on two digit standard industry code) is 58% (57%). The upper quartile is as high as 78% with low quartile of the distribution being 45%.

    E. Alternatives

    The existing Loan Provision covers loans to and from the auditor by “record or beneficial owners of more than 10 percent of the audit client's equity securities.” As discussed earlier, record owners are relatively less likely to have incentives to take actions that would threaten auditor independence than are beneficial owners. An alternative approach to the proposed amendments would be to maintain the 10 percent bright-line test, but to distinguish between types of ownership under the 10 percent bright-line test and tailor the rule accordingly. For example, record owners could be excluded from the 10 percent bright-line test, to which beneficial owners would remain subject. The potential benefit of distinguishing between types of ownership while retaining the 10 percent bright-line test is that applying a bright-line test would involve less judgment than the proposed significant influence test. Excluding record holders that may not have strong enough economic incentives or power to impair auditor independence could partially overcome the over-inclusiveness of the exiting rule. However, it still would not overcome the issues of over- or under-inconclusiveness with respect to beneficial owners.

    A second alternative would be to use the materiality of a stock holding to the lender in conjunction with the significant influence test as a proxy for incentives that could threaten auditor independence. Specifically, the significance of the holding to the lender could be assessed based on the magnitude of the stock holding to the lender (i.e., what percentage of the lender's assets are invested in the audit client's equity securities), after determining whether the lender has significant influence over the audit client. For example, two institutions that hold 15 percent of a fund may be committing materially different amounts of their capital to the specific investment. The incentives to influence the auditor's report are likely to be stronger for the lender that commits the relatively larger amount of capital to a specific investment. As such, the materiality of the investment to a lender with significant influence could be used as an indicator of incentives by the lender to attempt to influence the auditor's report. Materiality of a holding may better capture the incentives that could pose a threat to auditor independence. The potential cost to the auditors and audit clients could be that they need additional information and an additional layer of judgment in assessing their compliance with the Loan Provision. Also, given the size of most lenders, a materiality component might effectively exclude most, if not all, lending relationships that pose a threat to an auditor's objectivity and impartiality.

    A third potential approach would be to assess the materiality of the lending relationship between the auditor and the lending institution. The materiality of the lending relationship between the lender and the auditor, from both the lender's and the auditor's point of views, could act as an indicator of the leverage that the lender may have if it attempts to influence the auditor's report. However, again, given the size of most impacted audit firms and lenders, a materiality component might effectively exclude most, if not all, lending relationships that pose a threat to an auditor's objectivity and impartiality.

    F. Request for Comment

    We request and encourage any interested person to submit comments regarding the proposed amendments and all aspects of our analysis of the potential effects of the amendments. Comments are particularly helpful to us if accompanied by quantified estimates or other detailed analysis and supporting data regarding the issues addressed in those comments. We also are interested in comments on the alternatives presented in this release as well as any additional alternatives to the proposed amendments that should be considered. To assist in our consideration of these costs and benefits, we specifically request comment on the following:

    • The costs and benefits of the proposed amendment to eliminate the requirement that audit firms analyze record holders under the Loan Provision.

    • The costs and benefits of the proposed significant influence test.

    • The costs and benefits of the proposed addition of a “known through reasonable inquiry” standard in applying the significant influence test.

    • The costs and benefits of the proposed exclusion of the funds (other than the fund under audit) from being considered an affiliate of the audit client.

    • The effect of the proposed amendments on the competitive structure of the audit industry.

    • The effect of the proposed amendments on the quality of financial reporting.

    • The effect of the proposed amendments on audit quality.

    • The effect of the proposed amendments on capital formation.

    • The effect of the proposed amendments on audit firms and their covered persons' financing.

    VI. Initial Regulatory Flexibility Act Analysis

    The Regulatory Flexibility Act (“RFA”) 93 requires the Commission, in promulgating rules under section 553 of the Administrative Procedure Act,94 to consider the impact of those rules on small entities. We have prepared this Initial Regulatory Flexibility Act Analysis (“IRFA”) in accordance with 5 U.S.C. 603. This IRFA relates to the proposed amendments to Rule 2-01 of Regulation S-X.

    93 5 U.S.C. 601 et seq.

    94 5 U.S.C. 553.

    A. Reasons for and Objectives of the Proposed Action

    As discussed above, the primary reason for, and objective of, the proposed amendments is to address certain significant compliance challenges for audit firms and their clients resulting from application of the Loan Provision that do not otherwise appear to affect the impartiality or objectivity of the auditor. Specifically, the proposed amendments would:

    • Focus the analysis solely on beneficial ownership;

    • replace the existing 10 percent bright-line shareholder ownership test with a “significant influence” test;

    • add a “known through reasonable inquiry” standard with respect to identifying beneficial owners of the audit client's equity securities; and

    • amend the definition of “audit client” for a fund under audit to exclude from the provision funds that otherwise would be considered affiliates of the audit client.

    The reasons for, and objectives of, the proposed rules are discussed in more detail in Sections I and II above.

    B. Legal Basis

    We are proposing the amendments pursuant to Schedule A and Sections 7, 8, 10, and 19 of the Securities Act, Sections 3, 10A, 12, 13, 14, 17, and 23 of the Exchange Act, Sections 8, 30, 31, and 38 of the Investment Company Act, and Sections 203 and 211 of the Investment Advisers Act.

    C. Small Entities Subject to the Proposed Rules

    The proposed amendments would affect small entities that file registration statements under the Securities Act, the Exchange Act, and the Investment Company Act and periodic reports, proxy and information statements, or other reports under the Exchange Act or the Investment Company Act, as well as smaller registered investment advisers and smaller accounting firms. The RFA defines “small entity” to mean “small business,” “small organization,” or “small governmental jurisdiction.” 95 The Commission's rules define “small business” and “small organization” for purposes of the Regulatory Flexibility Act for each of the types of entities regulated by the Commission. Securities Act Rule 157 96 and Exchange Act Rule 0-10(a) 97 defines an issuer, other than an investment company, to be a “small business” or “small organization” if it had total assets of $5 million or less on the last day of its most recent fiscal year. We estimate that there are approximately 1,163 issuers, other than registered investment companies, that may be subject to the proposed amendments.98 The proposed amendments would affect small entities that have a class of securities that are registered under Section 12 of the Exchange Act or that are required to file reports under Section 15(d) of the Exchange Act. In addition, the proposed amendments would affect small entities that file, or have filed, a registration statement that has not yet become effective under the Securities Act and that has not been withdrawn.

    95 5 U.S.C. 601(6).

    96 17 CFR 230.157.

    97 17 CFR 240.0-10(a).

    98 This estimate is based on staff analysis of XBRL data submitted with EDGAR filings of Forms 10-K, 20-F and 40-F and amendments filed during the calendar year of January 1, 2017 to December 31, 2017.

    An investment company is considered to be a “small business” for purposes of the RFA, if it, together with other investment companies in the same group of related investment companies, has net assets of $50 million or less at the end of the most recent fiscal year.99 We believe that the proposed amendments would affect small entities that are investment companies. Commission staff estimates that, as of December 31, 2017, there were 54 open-end investment companies (within 52 fund complexes) that would be considered small entities. This number includes open-end ETFs.100

    99 17 CFR 270.0-10(a).

    100 This estimate is derived from an analysis of data obtained from Morningstar Direct as well as data reported on Form N-SAR filed with the Commission for the period ending June 30, 2017.

    For purposes of the RFA, an investment adviser is a small entity if it:

    (1) Has assets under management having a total value of less than $25 million;

    (2) did not have total assets of $5 million or more on the last day of the most recent fiscal year; and

    (3) does not control, is not controlled by, and is not under common control with another investment adviser that has assets under management of $25 million or more, or any person (other than a natural person) that had total assets of $5 million or more on the last day of its most recent fiscal year.101 We estimate that there are approximately 557 investment advisers that would be subject to the proposed amendments that may be considered small entities.102

    101 17 CFR 275.0-7.

    102 This estimate is based on Commission-registered investment adviser responses to Form ADV, Part 1A, Items 5.F and 12.

    For purposes of the RFA, a broker-dealer is considered to be a “small business” if its total capital (net worth plus subordinated liabilities) is less than $500,000 on the date in the prior fiscal year as of which its audited financial statements were prepared pursuant to Rule 17a-5(d) under the Exchange Act,103 or, if not required to file such statements, a broker-dealer with total capital (net worth plus subordinated liabilities) of less than $500,000 on the last day of the preceding fiscal year (or in the time that it has been in business, if shorter); and that is not affiliated with any person (other than a natural person) that is not a small business or small organization.104 As of the year end of 2017, there are approximately 1,042 small entity broker-dealers that may be subject to the proposed amendments.105

    103 17 CFR 240.17a-5(d).

    104 17 CFR 240.0-10(c).

    105 This estimate is based on the most recent information available, as provided in Form X-17A-5 Financial and Operational Combined Uniform Single Reports filed pursuant to Section 17 of the Exchange Act and Rule 17a-5 thereunder.

    Our rules do not define “small business” or “small organization” for purposes of accounting firms. The Small Business Administration (SBA) defines “small business,” for purposes of accounting firms, as those with under $20.5 million in annual revenues.106 We have limited data indicating revenues for accounting firms, and we cannot estimate the number of firms with less than $20.5 million in annual revenue. We request comment on the number of accounting firms with revenue under $20.5 million.

    106 13 CFR 121.201 and North American Industry Classification System (NAICS) code 541211. The SBA calculates “annual receipts” as all revenue. See 13 CFR 121.104.

    D. Projected Reporting, Recordkeeping and Other Compliance Requirements

    The proposed amendments would not impose any reporting, recordkeeping, or disclosure requirements. The proposed amendments would impose new compliance requirements with respect to the Loan Provision.

    Although we are proposing to replace the 10 percent bright-line test with a “significant influence” test that requires the application of more judgment, we believe that the proposed amendments would not significantly increase costs for smaller entities, including smaller accounting firms. The concept of “significant influence” already exists in the auditor independence rules and in U.S. GAAP,107 and accounting firms, issuers and their audit committees are already required to apply the concept in these contexts and may have developed practices, processes or controls for complying with these provisions.108 We believe that these entities likely would be able to leverage any existing practices, processes or controls to comply with the proposed amendments.

    107See supra footnote 48; see also ASC 323, supra footnote 49.

    108 Although the concept of “significant influence” is not as routinely applied today in the funds context for financial reporting purposes, nevertheless, the concept of significant influence is applicable to funds under existing auditor independence rules. See supra Section II.C.

    We also believe that the proposed “known through reasonable inquiry” standard would not significantly increase costs for smaller entities, including smaller accounting firms. The “known through reasonable inquiry” standard is generally consistent with regulations implementing the Investment Company Act, the Securities Act and the Exchange Act.109 Smaller entities, including smaller accounting firms, should therefore already be familiar with the concept.

    109See supra footnote 64.

    In addition, we believe that the proposed amendments to exclude record owners and certain fund affiliates for purposes of the Loan Provision would reduce costs for smaller entities, including smaller accounting firms.

    Compliance with the proposed amendments would require the use of professional skills, including accounting and legal skills. The proposed amendments are discussed in detail in Section II above. We discuss the economic impact, including the estimated costs, of the proposed amendments in Section V (Economic Analysis) above.

    E. Duplicative, Overlapping, or Conflicting Federal Rules

    We believe that the proposed amendment would not duplicate, overlap or conflict with other federal rules.

    F. Significant Alternatives

    The RFA directs us to consider alternatives that would accomplish our stated objectives while minimizing any significant adverse impacts on small entities. In connection with the proposed amendments, we considered certain types of alternatives, including:

    (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities;

    (2) The clarification, consolidation or simplification of compliance and reporting requirements under the rule for small entities;

    (3) The use of performance rather than design standards; and

    (4) An exemption from coverage of the rule, or any part of the rule, for small entities.

    In connection with our proposed amendments to Rule 2-01 of Regulation S-X, we do not think it feasible or appropriate to establish different compliance or reporting requirements or timetables for small entities. The proposed amendments are designed to address compliance challenges for both large and small issuers and audit firms. With respect to clarification, consolidation or simplification of compliance and reporting requirements for small entities, the proposed amendments do not contain any new reporting requirements. While the proposed amendments would create a new compliance requirement that focuses on “significant influence” over the audit client to better identify those lending relationships that could impair an auditor's objectivity and impartiality, that standard is more qualitative in nature and its application would vary according to the circumstances. This more flexible standard would be applicable to all issuers, regardless of size.

    With respect to using performance rather than design standards, we note that our proposed amendments establishing a “significant influence” test and adding a “known through reasonable inquiry” standard are more akin to performance standards. Rather than prescribe the specific steps necessary to apply such standards, the proposed amendments recognize that “significant influence” and “known through reasonable inquiry” can be implemented in a variety of ways. We believe that the use of these standards would accommodate entities of various sizes while potentially avoiding overly burdensome methods that may be ill-suited or unnecessary, given the facts and circumstances.

    The proposed amendments are intended to address significant compliance challenges for audit firms and their clients, including those that are small entities. In this respect, exempting small entities from the proposed amendments would increase, rather than decrease, their regulatory burden relative to larger entities.

    G. Solicitation of Comment

    We encourage the submission of comments with respect to any aspect of this Initial Regulatory Flexibility Analysis. In particular, we request comments regarding:

    • The number of small entities that may be subject to the proposed amendments;

    • The existence or nature of the potential impact of the proposed amendments on small entities discussed in the analysis;

    • How to quantify the impact of the proposed amendments; and

    • Alternatives that would accomplish our stated objectives while minimizing any significant adverse impact on small entities.

    Respondents are asked to describe the nature of any impact and provide empirical data supporting the extent of the impact. Such comments will be considered in the preparation of the Final Regulatory Flexibility Analysis, if the proposed amendments are adopted, and will be placed in the same public file as comments on the proposed amendments.

    VII. Small Business Regulatory Enforcement Fairness Act

    For purposes of the Small Business Regulatory Enforcement Fairness Act of 1996 (“SBREFA”),110 the Commission must advise the Office of Management and Budget as to whether a proposed regulation constitutes a “major” rule. Under SBREFA, a rule is considered “major” when, if adopted, it results or is likely to result in:

    110 Public Law 104-121, Tit. II, 110 Stat. 857 (1996).

    • An annual effect on the economy of $100 million or more (either in the form of an increase or a decrease);

    • A major increase in costs or prices for consumers or individual industries; or

    • Significant adverse effects on competition, investment or innovation.

    If a rule is “major,” its effectiveness will generally be delayed for 60 days pending Congressional review.

    We request comment on whether our proposed amendments would be a “major rule” for purposes of SBREFA. We solicit comment and empirical data on:

    • The potential effect on the U.S. economy on an annual basis;

    • Any potential increase in costs or prices for consumers or individual industries; and

    • Any potential effect on competition, investment or innovation.

    We request those submitting comments to provide empirical data and other factual support for their views to the extent possible.

    VIII. Statutory Basis

    The amendment described in this release is being adopted under the authority set forth in Schedule A and Sections 7, 8, 10, and 19 of the Securities Act, Sections 3, 10A, 12, 13, 14, 17, and 23 of the Exchange Act, Sections 8, 30, 31, and 38 of the Investment Company Act, and Sections 203 and 211 of the Investment Advisers Act.

    List of Subjects in 17 CFR Parts 210

    Accountants, Accounting, Banks, Banking, Employee benefit plans, Holding companies, Insurance companies, Investment companies, Oil and gas exploration, Reporting and recordkeeping requirements, Securities, Utilities.

    In accordance with the foregoing, the Commission proposes to amend title 17, chapter II of the Code of Federal Regulations as follows:

    PART 210—FORM AND CONTENT OF AND REQUIREMENTS FOR FINANCIAL STATEMENTS, SECURITIES ACT OF 1933, SECURITIES EXCHANGE ACT OF 1934, INVESTMENT COMPANY ACT OF 1940, INVESTMENT ADVISERS ACT OF 1940, AND ENERGY POLICY AND CONSERVATION ACT OF 1975 1. The authority citation for part 210 continues to read as follows: Authority:

    15 U.S.C. 77f, 77g, 77h, 77j, 77s, 77z-2, 77z-3, 77aa(25), 77aa(26), 77nn(25), 77nn(26), 78c, 78j-1, 78l, 78m, 78n, 78o(d), 78q, 78u-5, 78w, 78ll, 78mm, 80a-8, 80a-20, 80a-29, 80a-30, 80a-31, 80a-37(a), 80b-3, 80b-11, 7202 and 7262, and sec. 102(c), Public Law 112-106, 126 Stat. 310 (2012), unless otherwise noted.

    2. Amend § 210.2-01 by revising paragraph (c)(1)(ii)(A) to read as follows:
    § 210.2-01 Qualifications of accountants.

    (c) * * *

    (1) * * *

    (ii) * * *

    (A) Loans/debtor-creditor relationship. (1) Any loan (including any margin loan) to or from an audit client, or an audit client's officers, directors, or beneficial owners (known through reasonable inquiry) of the audit client's equity securities where such beneficial owner has significant influence over the audit client, except for the following loans obtained from a financial institution under its normal lending procedures, terms, and requirements:

    (i) Automobile loans and leases collateralized by the automobile;

    (ii) Loans fully collateralized by the cash surrender value of an insurance policy;

    (iii) Loans fully collateralized by cash deposits at the same financial institution; and

    (iv) A mortgage loan collateralized by the borrower's primary residence provided the loan was not obtained while the covered person in the firm was a covered person.

    (2) For purposes of paragraph (c)(1)(ii)(A) of this section:

    (i) The term audit client for a fund under audit excludes any other fund that otherwise would be considered an affiliate of the audit client;

    (ii) The term fund means an investment company or an entity that would be an investment company but for the exclusions provided by Section 3(c) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)).

    By the Commission.

    Dated: May 2, 2018. Brent J. Fields, Secretary.
    [FR Doc. 2018-09721 Filed 5-7-18; 8:45 am] BILLING CODE 8011-01-P
    DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 926 [SATS No. MT-036-FOR; Docket ID: OSM-2017-0001; S1D1S SS08011000 SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520] Montana Regulatory Program AGENCY:

    Office of Surface Mining Reclamation and Enforcement, Interior.

    ACTION:

    Proposed rule; public comment period and opportunity for public hearing on proposed amendment.

    SUMMARY:

    We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are announcing receipt of a proposed amendment to the Montana regulatory program (Montana program) under the Surface Mining Control and Reclamation Act of 1977 (SMCRA or the Act). Montana proposes an addition to the Montana Code Annotated, which requires the adoption of regulations pertaining to in situ coal gasification. This change was necessitated by a senate bill approved by the 2011 Montana Legislature. Montana also proposes revisions and additions to the Administrative Rules of Montana to satisfy the new statutory requirement.

    This document provides the times and locations that the Montana program and this proposed amendment to Montana's program are available for your inspection; the comment period during which you may submit written comments on the amendment; and the procedures that we will follow for the public hearing, if one is requested.

    DATES:

    We will accept written comments on this amendment until 4:00 p.m., m.d.t., June 7, 2018. If requested, we will hold a public hearing on the amendment on June 4, 2018. We will accept requests to speak at a hearing until 4:00 p.m., m.d.t. on May 23, 2018.

    ADDRESSES:

    You may submit comments, identified by Docket Number OSM-2017-0001, by any of the following methods:

    Mail/Hand Delivery: 1999 Broadway, Suite 3320, Denver, CO 80202.

    Fax: (303) 293-5017.

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

    Instructions: All submissions received must include the agency name and docket number for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the “Public Comment Procedures” heading of the SUPPLEMENTARY INFORMATION section of this document.

    Docket: For access to the docket to review copies of the Montana program, this amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, you may go to the address listed below during normal business hours, Monday through Friday, excluding holidays. The full text of the program amendment is also available for you to read at www.regulations.gov. You may receive one free copy of the amendment by contacting OSMRE's Denver Field Division: Jeffrey Fleischman, Chief, Denver Field Division, Office of Surface Mining Reclamation and Enforcement, Dick Cheney Federal Building, POB 11018, 150 East B Street, Casper, Wyoming 82601-7032, Telephone: (307) 261-6550, Email: [email protected]

    In addition, you may receive a copy of the proposed amendment from the Montana Department of Environmental Quality: Edward L. Coleman, Chief, Coal and Opencut Mining Bureau, Montana Department of Environmental Quality, P.O. Box 200901, Helena, Montana, 59620-0901, Telephone: (406) 444-4973, Email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Howard Strand, Office of Surface Mining Reclamation and Enforcement, 1999 Broadway, Suite 3320, Denver, CO 80202, Telephone: (303) 293-5026, Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background on the Montana Program II. Description of the Proposed Amendment III. Public Comment Procedures IV. Procedural Determinations I. Background on the Montana Program

    Section 503(a) of the Act permits a state to assume primacy for the regulation of surface coal mining and reclamation operations on non-federal and non-Indian lands within its borders by demonstrating that its program includes, among other things, state laws and regulations that govern surface coal mining and reclamation operations in accordance with the Act and consistent with the Federal regulations. See 30 U.S.C. 1253(a)(1) and (7). On the basis of these criteria, the Secretary of the Interior conditionally approved the Montana program on April 1, 1980. You can find background information on the Montana program, including the Secretary's findings, the disposition of comments, and conditions of approval of the Montana program in the April 1, 1980, Federal Register (45 FR 21560). You can also find later actions concerning the Montana program and program amendments at 30 CFR 926.15, 926.16, and 926.30.

    II. Description of the Proposed Amendment

    By letter dated February 27, 2017 (FDMS Document ID No. OSM-2017-0001-0002), Montana sent us a proposed amendment to its program under SMCRA (30 U.S.C. 1201 et seq.). The proposed changes are the result of a Montana state senate bill which required adoption of regulations pertaining to in situ coal gasification.

    Specifically, Montana proposes to codify language from Senate Bill 292 under the Montana Strip and Underground Mine Reclamation Act. This language, approved by the 2011 Montana Legislature, directs the Montana Board of Environmental Review (BER) to adopt rules pertaining to in situ coal processing and provides that those rules may not be more stringent than the comparable federal regulations or guidelines. The Administrative Rules of Montana (ARMs) currently have two regulatory provisions, ARM 17.24.902 and ARM 17.24.904, that specifically address in situ coal gasification and that list subchapters of the ARMs that apply to in situ coal gasification. Following passage of Senate Bill 292, the Montana Department of Environmental Quality reviewed Montana's rules and determined that most of the rules relating to underground coal mining should apply to in situ operations. It recommended that, rather than adopting rules that would duplicate existing rules, BER should simply list the rules that would not apply to in situ operations. To reflect this approach, Montana now proposes adding a new ARM 17.24.905, which specifies that the ARMs pertaining to air pollution control plans, monitoring for settlement of regraded areas, augering and remining do not apply to in situ coal gasification. Montana also proposes ministerial changes to ARM 17.24.902 and ARM 17.24.903 that reflect these exemptions. Finally, Montana proposes to allow the regulatory authority to apply other rules, which are not routinely applied to all in situ operations, on a mine-specific basis.

    The full text of the program amendment is available for you to read at the locations listed above under ADDRESSES or at www.regulations.gov.

    III. Public Comment Procedures

    Under the provisions of 30 CFR 732.17(h), we are seeking your comments on whether the amendment satisfies the applicable program approval criteria of 30 CFR 732.15. If we approve the amendment, it will become part of the Montana program.

    Electronic or Written Comments

    If you submit written or electronic comments on the proposed rule during the 30-day comment period, they should be specific, confined to issues pertinent to the proposed regulations, and explain the reason for any recommended change(s). We appreciate any and all comments, but those most useful and likely to influence decisions on the final regulations will be those that either involve personal experience or include citations to and analyses of SMCRA, its legislative history, its implementing regulations, case law, other pertinent state or federal laws or regulations, technical literature, or other relevant publications.

    We cannot ensure that comments received after the close of the comment period (see DATES) or sent to an address other than those listed (see ADDRESSES) will be included in the docket for this rulemaking and considered.

    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.

    Public Hearing

    If you wish to speak at the public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT by 4:00 p.m., m.d.t. on May 23, 2018. If you are disabled and need reasonable accommodations to attend a public hearing, contact the person listed under FOR FURTHER INFORMATION CONTACT. We will arrange the location and time of the hearing with those persons requesting the hearing. If no one requests an opportunity to speak, we will not hold a hearing.

    To assist the transcriber and ensure an accurate record, we request, if possible, that each person who speaks at the public hearing provide us with a written copy of his or her comments. The public hearing will continue on the specified date until everyone scheduled to speak has been given an opportunity to be heard. If you are in the audience and have not been scheduled to speak and wish to do so, you will be allowed to speak after those who have been scheduled. We will end the hearing after everyone scheduled to speak and others present in the audience who wish to speak, have been heard.

    Public Meeting

    If only one person requests an opportunity to speak, we may hold a public meeting rather than a public hearing. If you wish to meet with us to discuss the amendment, please request a meeting by contacting the person listed under FOR FURTHER INFORMATION CONTACT. All such meetings are open to the public and, if possible, we will post notices of meetings at the locations listed under ADDRESSES. We will make a written summary of each meeting a part of the administrative record.

    IV. Procedural Determinations Executive Order 12866—Regulatory Planning and Review

    This rulemaking is exempted from review by the Office of Management and Budget (OMB) under Executive Order 12866.

    Other Laws and Executive Orders Affecting Rulemaking

    When a state submits a program amendment to OSMRE for review, our regulations at 30 CFR 732.17(h) require us to publish a notice in the Federal Register indicating receipt of the proposed amendment, its text or a summary of its terms, and an opportunity for public comment. We conclude our review of the proposed amendment after the close of the public comment period and determine whether the amendment should be approved, approved in part, or not approved. At that time, we will also make the determinations and certifications required by the various laws and executive orders governing the rulemaking process and include them in the final rule.

    List of Subjects in 30 CFR Part 926

    Intergovernmental relations, Surface mining, Underground mining.

    Dated: April 18, 2018. David Berry, Regional Director, Western Region.
    [FR Doc. 2018-09768 Filed 5-7-18; 8:45 am] BILLING CODE 4310-05-P
    DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement 30 CFR Part 938 [PA-166-FOR; Docket ID: OSM-2017-0008 S1D1S SS08011000 SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520] Pennsylvania Regulatory Program AGENCY:

    Office of Surface Mining Reclamation and Enforcement (OSMRE), Interior.

    ACTION:

    Proposed rule; reopening of the public comment period and notice of public hearing.

    SUMMARY:

    We, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are reopening the public comment period and will be holding a public hearing on the proposed amendment to the Commonwealth of Pennsylvania's approved regulatory program (the Pennsylvania program) published on March 12, 2018. The comment period is being reopened in order to afford the public additional time to comment and to allow for a public hearing. Approximately sixty citizens asked to both extend the comment period and for a public hearing. We are also notifying the public of the date, time, and location for the public hearing. Through this proposed amendment, Pennsylvania seeks to revise its Bituminous Mine Subsidence and Land Conservation Act (BMSLCA) to include language clarifying the circumstances where a finding of presumptive evidence of pollution is not warranted under the Commonwealth's Clean Streams Law.

    DATES:

    We will accept written comments until 4 p.m., Eastern Standard Time (EST), June 7, 2018. The public hearing will be held on May 1, 2018, from 5:30 p.m. until 7:30 p.m. EST.

    ADDRESSES:

    You may submit comments, identified by “PA-166-FOR; Docket ID: OSM-2017-0008”, by either of the following two methods:

    Federal eRulemaking Portal: http://www.regulations.gov. The proposed rule has been assigned Docket ID: OSM-2017-0008. If you would like to submit comments through the Federal eRulemaking Portal, go to http://www.regulations.gov and follow the instructions.

    Mail/Hand Delivery/Courier: Mr. Ben Owens, Chief, Pittsburgh Field Division, Office of Surface Mining Reclamation and Enforcement, Three Parkway Center, Second Floor, Pittsburgh, PA 15220.

    Instructions: For detailed instructions on submitting comments and additional information on the rulemaking process, see III. Public Comment Procedures in the SUPPLEMENTARY INFORMATION section of the proposed rule published on March 12, 2018.

    Public Hearing: The public hearing will be held at the Double Tree by Hilton Pittsburgh-Green Tree, 500 Mansfield Avenue, Pittsburgh, Pennsylvania 15205; phone number: 412-922-8400, on Tuesday, May 1, 2018, from 5:30 p.m. to 7:30 p.m. EST. Those wishing to provide oral testimony need to register between 5:00 p.m. and 5:30 p.m.

    Docket: For access to the docket to review copies of the Pennsylvania regulations, the relevant amendment, a listing of any scheduled public hearings, and all written comments received in response to this document, you must go to the address listed below during normal business hours, Monday through Friday, excluding holidays. You may receive one free copy of the amendment by contacting OSMRE's Pittsburgh Field Division; or the full text of the program amendment is available at www.regulations.gov.

    In addition, you may review a copy of the amendment during regular business hours at one of the following locations:

    Mr. Ben Owens, Chief, Pittsburgh Field Division, Office of Surface Mining Reclamation and Enforcement, Appalachian Regional Office, 3 Parkway Center, Second Floor, Pittsburgh, PA 15220, Telephone: (412) 937-2827, Email: [email protected]

    Mr. William Allen, Chief, Permitting and Compliance, Bureau of Mining and Reclamation, Pennsylvania Department of Environmental Protection, Rachel Carson State Office Building, P.O. Box 8461, Harrisburg, PA 17105-8461, Telephone: (717) 783-9580, E-Mail: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Mr. Ben Owens, Chief, Pittsburgh Field Division, Telephone: (412) 937-2827. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    On March 12, 2018, we published a proposed rule that would revise the Pennsylvania program. By letter dated August 4, 2017 (Administrative Record No. PA 899.00), Pennsylvania sent us an amendment to its program under SMCRA (30 U.S.C. 1201 et seq.). The Pennsylvania General Assembly recently amended the BMSLCA to include language clarifying the circumstances where a finding of presumptive evidence of pollution is not warranted under the Commonwealth's Clean Streams Law.

    A. By way of State Bill 624, Pennsylvania proposes additional language to the BMSLCA, Section 5(i) that states: “In a permit application to conduct bituminous coal mining operations, subject to this act, planned subsidence in a predictable and controlled manner which is not predicted to result in the permanent disruption of premining existing or designated uses of surface waters of the Commonwealth shall not be considered presumptive evidence that the proposed bituminous coal mining operations have the potential to cause pollution as defined in section 1 of the act of June 22, 1937 (Pub. L. 1987, No. 394), known as “The Clean Streams Law”.

    B. Further, Pennsylvania proposes additional language to BMSLCA, Section 5(j) as follows: “The provisions of subsection (i) shall only apply if: (1) A person submits an application to conduct bituminous mining operations subject to this act to the department that provides for the restoration of the premining range of flows and restoration of premining biological communities in any waters of this Commonwealth predicted to be adversely affected by subsidence. The restoration shall be consistent with the premining existing and designated uses of the waters of this Commonwealth; and (2) the application is approved by the department.”

    During the initial comment period, (Administrative Record Number PA 899.05), we received multiple citizen requests to extend the comment period and to hold a public hearing on the amendment. We are reopening the public comment period to afford the public more time to comment on the amendment and to allow enough time to schedule and hold the hearing. The date, time and location for the public hearing may be found under DATES and ADDRESSES.

    The hearing will be open to anyone who would like to attend and/or testify. The primary purpose of the public hearing is to obtain your comments on the proposed rule so that we can prepare a complete and objective analysis of the proposal. Those wishing to provide oral testimony need to register between 5:00 p.m. and 5:30 p.m. at the hearing location. Other attendees are not required to register. Written testimony will also be accepted. The hearing officer will conduct the hearing and receive the comments submitted. Comments submitted during the hearing will be responded to in the preamble to the final rule, not at the hearing. We appreciate all comments, but those most useful and likely to influence decisions on the final rule will be those that either involve personal experience or include citations to, and analyses of, the Surface Mining Control and Reclamation Act of 1977, its legislative history, its implementing regulations, case law, other State or Federal laws and regulations, data, technical literature, or relevant publications.

    At the hearing, a court reporter will record and make a written record of the statements presented. This written record will be made part of the administrative record for the rule. If you have a written copy of your testimony, we encourage you to give us a copy. It will assist the court reporter in preparing the written record. Any disabled individual who needs reasonable accommodation to attend the public hearing is encouraged to contact the person listed under FOR FURTHER INFORMATION CONTACT.

    Dated: April 5, 2018. Thomas D. Shope, Regional Director, Appalachian Region .
    [FR Doc. 2018-09767 Filed 5-7-18; 8:45 am] BILLING CODE 4310-05-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 49 [EPA-HQ-OAR-2014-0606; FRL-9977-68-OAR] RIN 2060-AT96 Amendments to Federal Implementation Plan for Managing Air Emissions From True Minor Sources in Indian Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural Gas Sector AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing three amendments to the existing National Oil and Natural Gas Federal Implementation Plan (National O&NG FIP) that applies to new true minor sources and minor modifications at existing true minor sources in the oil and natural gas production and natural gas processing segments of the oil and natural gas sector that are locating or expanding in Indian reservations or in other areas of Indian country over which an Indian tribe, or the EPA, has demonstrated the tribe's jurisdiction. The National O&NG FIP, which includes a mechanism for authorizing construction of true minor new and modified oil and natural gas sources, satisfies the minor source permitting requirement under the “Federal Minor New Source Review (NSR) Program in Indian Country” (referred to as the “Federal Indian Country Minor NSR rule”). We are proposing two amendments to apply the National O&NG FIP to the Uintah and Ouray Reservation (U&O Reservation) portion of the intended Uinta Basin Ozone Nonattainment Area. We are also proposing a minor technical correction to fix a typographical error in a provision in the National O&NG FIP.

    DATES:

    Public hearing. A public hearing will be held May 30, 2018, at the EPA's Region 8 offices at 1595 Wynkoop Street, Denver, CO 80202. Please refer to the SUPPLEMENTARY INFORMATION section for additional information on the hearing.

    Comments. The EPA must receive comments on this proposed action no later than July 2, 2018.

    ADDRESSES:

    Public hearing. The hearing will be held at the EPA's Region 8 offices at 1595 Wynkoop Street, Denver, CO 80202. The hearing will convene at 9:00 a.m. (local time). The EPA will end the hearing two hours after the last registered speaker has concluded their comments but no later than 4:00 p.m. (local time). There will be a lunch break from 1:00 p.m. to 2:00 p.m. (local time).

    Because the hearing is being held at a United States government facility, individuals planning to attend must plan for enough time to enter the facility. All visitors must ensure they have a valid photo ID and must pass through security screening, comparable to screening at an airport, they will sign in and obtain a visitor pass. No large signs, cameras, banners and/or weapons will be allowed in to the facility.

    Docket. The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2014-0606, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the Web, Cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Christopher Stoneman, Outreach and Information Division, Office of Air Quality Planning and Standards (C-304-01), Environmental Protection Agency, Research Triangle Park, North Carolina, 27711, telephone number (919) 541-0823, facsimile number (919) 541-0072, email address: [email protected]

    Public hearing. The EPA will begin pre-registering speakers for the hearing upon publication of this document in the Federal Register. If you would like to speak at the public hearing, please register using the online registration form available at: https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry. You may also register by contacting Tonya Blatcher at (919) 541-1929 or by email at [email protected] To register to speak, we request the following information: The time you wish to speak, name, affiliation, email address, and telephone number. If you register to speak online, you do not need to call. If you require reasonable accommodations, such as the service of a translator, please let us know as soon as possible, but no later than May 22, 2018.

    The last day to pre-register to register to speak at the hearing will be Tuesday, May 25, 2018. On May 28, 2018, the EPA will post a general agenda for the hearing that will list pre-registered speakers in approximate order. The general agenda will be posted at https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry. The EPA will make every effort to follow the schedule as closely as possible on the day of the hearing; however, please plan for the hearing to run either ahead of schedule or behind schedule. Additionally, requests to speak will be taken the day of the hearing at the hearing registration desk. The EPA will make every effort to accommodate all speakers who arrive and register, although preferences on speaking times may not be able to be fulfilled.

    SUPPLEMENTARY INFORMATION:

    Public hearing. Each commenter will have 5 minutes to provide oral testimony. The EPA encourages commenters to provide the EPA with a copy of their oral testimony electronically (via email) or in hard copy form.

    The EPA may ask clarifying questions during the oral presentations, but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public hearing. Commenters should notify Tonya Blatcher at (919) 541-1929 or by email at [email protected] if they will need specific equipment, or if there are other special needs related to providing comments at the hearings. Verbatim transcripts of the hearings and written statements will be included in the docket for the rulemaking.

    Please note that any updates made to any aspect of the hearing will be posted online at https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry. While the EPA expects the hearing to go forward as set forth above, please monitor our website or contact Tonya Blatcher at (919) 541-1929 or by email at [email protected] to determine if there are any updates. The EPA does not intend to publish a document in the Federal Register announcing updates.

    The EPA will not provide audiovisual equipment for presentations unless we receive special requests in advance. Commenters should notify Tonya Blatcher when they pre-register to speak that they will need specific equipment. If you require the service of a translator or special accommodations such as audio description, please pre-register for the hearing and describe your needs by May 22, 2018. We may not be able to arrange for accommodations without advance notice.

    The information presented in this preamble is organized as follows:

    I. General Information A. What entities are potentially affected by this action? B. Where can I get a copy of this document and other related information? II. Purpose of this Proposed Action A. Overview B. Authority for Proposed Action C. Rationale for Proposed Action III. Background A. FIPs Under the Indian Country Minor NSR Rule B. Uinta Basin Air Quality and Intended Nonattainment Designation IV. Summary of Proposed Amendments V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs C. Paperwork Reduction Act (PRA) D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act (UMRA) F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use J. National Technology Transfer and Advancement Act (NTTAA) K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations I. General Information A. What entities are potentially affected by this action?

    Entities potentially affected by this proposal include the Ute Indian Tribe,1 as well as new and modified true minor sources that are in the oil and natural gas production and natural gas processing segments of the oil and natural gas sector and are on Indian country 2 lands within the U&O Reservation. All of the Ute Indian Tribe Indian country lands of which the EPA is aware are located within the exterior boundaries of the Reservation, and these amendments will apply to all such lands. To the extent that there are Ute Indian Tribe dependent Indian communities under 18 U.S.C. 1151(b) or allotted lands under 18 U.S.C. 1151(c) that are located outside the exterior boundaries of the Reservation, those lands will not be covered by these amendments.3 In addition, this proposed rule will not apply to any sources not on Indian country lands, including any areas within the exterior boundaries of the Reservation that are not Indian country lands.4

    1 The Ute Indian Tribe is a federally recognized tribe organized under the Indian Reorganization Act of 1934, with a Constitution and By-Laws adopted by the Tribe on December 19, 1936, and approved by the Secretary of the Interior on January 19, 1937. See Indian Entities Recognized and Eligible to Receive Services from the United States Bureau of Indian Affairs, 82 FR 4915 (January 17, 2017); 48 Stat. 984, 25 U.S.C. 5123 (IRA); Constitution and By-Laws of the Ute Indian Tribe of the Uintah and Ouray Reservation, available at https://www.loc.gov/law/help/american-indian-consts/PDF/37026342.pdf.

    2 Indian country is defined at 18 U.S.C. 1151 as: (a) All land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation, (b) all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and (c) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

    3 Under the Clean Air Act (CAA), lands held in trust for the use of an Indian tribe are reservation lands within the definition at 18 U.S.C. 1151(a), regardless of whether the land is formally designated as a reservation. See Indian Tribes: Air Quality Planning and Management, 63 FR 7254, 7258 (1998) (“Tribal Authority Rule”); Arizona Pub. Serv. Co. v. EPA, 211 F.3d 1280, 1285-86 (D.C. Cir. 2000). The EPA's references in this FIP to Indian country lands within the exterior boundaries of the U&O Reservation include any such tribal trust lands that may be acquired by the Ute Indian Tribe. In addition, in 2014, the U.S. Court of Appeals for the D.C. Circuit addressed EPA's authority to promulgate a FIP establishing certain CAA permitting programs in Indian country. Oklahoma Dept. of Environmental Quality v. EPA, 740 F. 3d 185 (D.C. Cir. 2014). In that case, the court recognized the EPA's authority to promulgate a FIP to directly administer CAA programs on Indian reservations, but invalidated the FIP at issue as applied to non-reservation areas of Indian country in the absence of a demonstration of an Indian tribe's jurisdiction over such non-reservation area. Because the current proposed rule would apply only on Indian country lands that are within the exterior boundaries of the U&O Reservation, i.e., on Reservation lands, it is unaffected by the Oklahoma court decision.

    4 As a result of a series of federal court decisions, there are some areas within the exterior boundaries of the Uintah and Ouray Indian Reservation that are not Indian country lands. See Ute Indian Tribe v. Utah, 521 F. Supp. 1072 (D. Utah 1981); Ute Indian Tribe v. Utah, 716 F.2d 1298 (10th Cir. 1983); Ute Indian Tribe v. Utah, 773 F.2d 1087 (10th Cir. 1985) (en banc), cert. denied, 479 U.S. 994 (1986); Hagen v. Utah, 510 U.S. 399 (1994); Ute Indian Tribe v. Utah, 935 F. Supp. 1473 (D. Utah 1996); Ute Indian Tribe v. Utah, 114 F.3d 1513 (10th Cir. 1997), cert. denied, 522 U.S. 1107 (1998); Ute Indian Tribe v. Utah, 790 F.3d 1000 (10th Cir. 2015), cert. denied, 136 S. Ct. 1451 (2016); and Ute Indian Tribe v. Myton, 835 F.3d 1255 (10th Cir. 2016), cert. denied, 137 S. Ct. 2328 (2017).

    Table 1—Source Categories Affected by This Action Industry category NAICS code a Examples of regulated entities/description of industry category Oil and Natural Gas Production/Operations 21111 Exploration for crude petroleum and natural gas; drilling, completing, and equipping wells; operation of separators, emulsion breakers, desilting equipment, and field gathering lines for crude petroleum and natural gas; and all other activities in the preparation of oil and natural gas up to the point of shipment from the producing property.
  • Production of crude petroleum, the mining and extraction of oil from oil shale and oil sands, the production of natural gas, sulfur recovery from natural gas, and the recovery of hydrocarbon liquids from oil and natural gas field gases.
  • Crude Petroleum and Natural Gas Extraction 211111 Exploration, development and/or the production of petroleum or natural gas from wells in which the hydrocarbons will initially flow or can be produced using normal pumping techniques or production of crude petroleum from surface shales or tar sands or from reservoirs in which the hydrocarbons are semisolids. Natural Gas Liquid Extraction 211112 Recovery of liquid hydrocarbons from oil and natural gas field gases; and sulfur recovery from natural gas. Drilling Oil and Natural Gas Wells 213111 Drilling oil and natural gas wells for others on a contract or fee basis, including spudding in, drilling in, redrilling, and directional drilling. Support Activities for Oil and Natural Gas Operations 213112 Performing support activities on a contract or fee basis for oil and natural gas operations (except site preparation and related construction activities) such as exploration (except geophysical surveying and mapping); excavating slush pits and cellars, well surveying; running, cutting, and pulling casings, tubes, and rods; cementing wells, shooting wells; perforating well casings; acidizing and chemically treating wells; and cleaning out, bailing, and swabbing wells. Engines (Spark Ignition and Compression Ignition) for Electric Power Generation 22111 Provision of electric power to support oil and natural gas production where access to the electric grid is unavailable. a North American Industry Classification System.

    This list is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be potentially affected by this action. To determine whether your facility could be affected by this action, you should examine the applicability criteria in the Federal Minor NSR Program in Indian Country and the National O&NG FIP (40 Code of Federal Regulations (CFR) 49153 and 49.101, respectively). If you have any questions regarding the applicability of this action to a particular entity, contact the appropriate person listed in the FOR FURTHER INFORMATION CONTACT section.

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

    In addition to being available in the docket, an electronic copy of this final rule will also be available on the World Wide Web. Following signature by the EPA Administrator, a copy of this final rule will be posted in the regulations and standards section of our NSR home page located at http://www.epa.gov/nsr and on the tribal NSR page at https://www.epa.gov/tribal-air/tribal-minor-new-source-review.

    II. Purpose of This Proposed Action A. Overview

    In this action, the EPA is proposing to exercise its authority, in accordance with section 110(a)(2)(C) of the CAA and under sections 301(a) and 301(d)(4) of the CAA and 40 CFR 49.11 by amending the National O&NG FIP 5 to extend it to eligible true minor oil and natural gas sources in the Indian country portion of the intended Uinta Basin Ozone Nonattainment Area, which includes making it available as a mechanism for authorizing construction in that area. (The Indian country lands within the Uinta Basin to which these amendments would apply are on the U&O Reservation.)

    5 “Federal Implementation Plan for True Minor Sources in Indian Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural Gas Sector; Amendments to the Federal Minor New Source Review Program in Indian Country to Address Requirements for True Minor Sources in the Oil and Natural Gas Sector,” U.S. Environmental Protection Agency, 81 FR 35943, June 3, 2016, https://www.thefederalregister.org/fdsys/pkg/FR-2016-06-03/pdf/2016-11969.pdf.

    The National O&NG FIP provides a mechanism for authorizing construction for eligible true minor oil and natural gas sources wishing to locate or expand in areas of Indian country designated as attainment, unclassifiable and attainment/unclassifiable. The counties in the Uinta Basin are currently designated as unclassifiable with respect to the 2008 ozone National Ambient Air Quality Standards (NAAQS) 6 and, as such, owners/operators of eligible oil and natural gas sources on Indian country lands within the U&O Reservation have been utilizing the National O&NG FIP's streamlined approach to satisfy permitting requirements since August 2, 2016, when the FIP became effective. However, the EPA has announced its intention to designate portions of the Uinta Basin, including the U&O Reservation, as nonattainment for the 2015 ozone NAAQS.7 8

    6 “Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards; Implementation of the 2008 National Ambient Air Quality Standards for Ozone: Nonattainment Area Classifications Approach, Attainment Deadlines and Revocation of the 1997 Ozone Standards for Transportation Conformity Purposes,” U.S. Environmental Protection Agency, 77 FR 30087, May 21, 2012, https://www.thefederalregister.org/fdsys/pkg/FR-2012-05-21/pdf/2012-11618.pdf.

    7 The EPA intends to make final designation determinations for the areas of the country addressed by the EPA responses to state and tribal area boundary recommendations (which cover the Uinta Basin region) no earlier than 120 days from the date (December 21, 2017) the EPA notified states and tribes of the agency's intended designations.

    8 “EPA Responses to Certain State Designation Recommendations for the 2015 Ozone National Ambient Air Quality Standards: Notice of Availability and Public Comment Period,” U.S. Environmental Protection Agency, 83 FR 651, January 5, 2018, https://www.thefederalregister.org/fdsys/pkg/FR-2018-01-05/pdf/2018-00024.pdf.

    The Uinta Basin is a petroleum producing system that contains thousands of active oil and natural gas wells, and existing oil and natural gas production activity is the primary source of the emissions of concern for air quality: volatile organic compounds (VOC) and nitrogen oxides (NOX), ozone precursors that react to form ozone in the presence of sunlight and widespread snow cover. The Uinta Basin's air quality problem is wintertime ozone caused by these existing sources' emissions. However, because the agency is under a court order to finalize the Basin's designation with respect to the 2015 ozone NAAQS by April 30, 2018,9 and because the agency intends to designate some portions of the Basin as nonattainment, including portions of the U&O Reservation, under the National O&G FIP, in its current form, the Indian country portions of the Basin (U&O Reservation) will fall out of that FIP's coverage. Thus, the area will lack a streamlined mechanism to authorize construction of true minor new and modified oil and natural gas sources. This will immediately cause a disparity in the regulatory landscape facing such activity in the affected area, as compared to all other areas of Indian country that will remain covered by the FIP—even though the Basin's air quality problem that drives the impending nonattainment designation will not manifest until the winter.

    9 In re Ozone Designation Litigation, No. 17-cv-06900-HSG (N.D. Cal. March 12, 2018).

    With this proposed action, the EPA is proposing to ensure that the National O&NG FIP's requirements to comply with eight federal rules (and the mechanism for authorizing construction) will continue to apply on the U&O Reservation, recognizing that the geographically limited extension of the National O&NG FIP to the area is occurring while the EPA moves quickly to complete a separate rulemaking to further address the air quality problem on the U&O Reservation.

    The separate EPA rulemaking 10 addressing air quality is a reservation-specific FIP action that will contain requirements to reduce ozone-forming emissions from new, modified and existing oil and natural gas sources on Indian country lands within the U&O Reservation. The rulemaking will seek to achieve three goals for the Indian country portion of the Uinta Basin: (1) Clean air; (2) continued, uninterrupted development of the oil and natural gas resources; and (3) consistent CAA regulatory requirements between Indian country lands within the U&O Reservation and lands under state of Utah jurisdiction. Through that rulemaking, the EPA will address the Uinta Basin's particular situation in an area-specific manner; this proposal today seeks to bridge the gap in authority that the nonattainment designation will cause during the interim period where the designation will be in place, but the environmental needs requiring area-specific treatment have not yet materialized.

    10 The rulemaking is listed on the Office of Management and Budget's Unified Agenda of Regulatory and Deregulatory Actions. For more information, go to: https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201710&RIN=2008-AA03. In the Agenda, the rulemaking appears as: “Federal Implementation Plan for Oil and Natural Gas Sources; Uintah and Ouray Indian Reservation in Utah.”

    B. Authority for Proposed Action

    CAA section 110(a)(2)(C) is part of the foundation for the minor NSR program, and it requires states to submit plans that include programs for the regulation of “the modification and construction of any stationary source.” 11 CAA section 110(c) authorizes the EPA to promulgate a Federal implementation plan in the absence of a satisfactory state plan. CAA section 301(a) generally authorizes the EPA to prescribe regulations as are necessary to carry out its functions under the Act.

    11 Section 110(a)(2)(C) of the CAA requires state plans to include “a program to provide for the . . . regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as required in parts C and D of this subchapter.”

    Section 301(d) of the CAA authorizes the EPA to treat Indian tribes in the same manner as states and directs the EPA to promulgate regulations specifying those provisions of the CAA for which such treatment is appropriate. (CAA sections 301(d)(1) and (2)). It also authorizes the EPA, in circumstances in which the EPA determines that the treatment of Indian tribes as identical to states is inappropriate or administratively infeasible, to provide by regulation other means by which the EPA will directly administer the CAA. (CAA section 301(d)(4)). Acting principally pursuant to that authority, on February 12, 1998,12 the EPA promulgated what we refer to as the Tribal Authority Rule (TAR). (40 CFR 49.1-49.11). In the TAR, we determined that it was appropriate to treat tribes in the same manner as states for all CAA and regulatory purposes except a list of specified CAA provisions and implementing regulations thereunder. (40 CFR 49.4).

    12 “Indian Tribes: Air Quality Planning and Management,” U.S. Environmental Protection Agency, 63 FR 7254, February 12, 1998, http://www.thefederalregister.org/fdsys/pkg/FR-1998-02-12/pdf/98-3451.pdf.

    The TAR preamble clarified that by including CAA section 110(c)(1) on the § 49.4 “exception” list, “EPA is not relieved of its general obligation under the CAA to ensure the protection of air quality throughout the nation, including throughout Indian country.” The preamble confirmed that the “EPA will continue to be subject to the basic requirement to issue a FIP for affected tribal areas within some reasonable time.” 13 The TAR includes a provision that provides the EPA the authority to promulgate a Federal implementation plan in the absence of a satisfactory tribal plan. (40 CFR 49.11(a)).

    13 See CAA section 301(a) and 63 FR 7254, 7265, February 12, 1998, http://www.thefederalregister.org/fdsys/pkg/FR-1998-02-12/pdf/98-3451.

    On August 21, 2006, the EPA proposed the regulation: “Review of New Sources and Modifications in Indian Country” (commonly referred to as the Federal Indian Country NSR rule).14 With this proposed regulation, the EPA proposed to protect air quality in Indian country, as defined in 18 U.S.C. 1151, by establishing a FIP program to regulate, among other matters, the modification and construction of minor stationary sources consistent with the authorities and requirements of sections 301 and 110(a)(2)(C) of the CAA. We refer to this part of the Federal Indian Country NSR rule as the Federal Indian Country Minor NSR rule. Under the Federal Indian Country Minor NSR rule, we proposed to provide a mechanism for issuing pre-construction permits for the construction of new minor sources and certain modifications of major and minor sources in Indian country. We promulgated a final rule on July 1, 2011,15 and the rule became effective on August 30, 2011. The Federal Indian Country Minor NSR rule applies to new and modified minor stationary sources and to minor modifications at existing major stationary sources located in Indian country where there is no EPA-approved program in place for all new and modified minor sources and minor modifications at major sources located in areas covered by the Federal Indian Country Minor NSR rule.

    14 “Review of New Sources and Modifications in Indian Country,” U.S. Environmental Protection Agency, 71 FR 48696, August 21, 2006, https://www.thefederalregister.org/fdsys/pkg/FR-2006-08-21/pdf/06-6926.pdf.

    15 “Review of New Sources and Modifications in Indian Country,” U.S. Environmental Protection Agency, 76 FR 38748, July 1, 2011, https://www.thefederalregister.org/fdsys/pkg/FR-2011-07-01/pdf/2011-14981.pdf.

    Tribes can elect to develop and implement their own EPA-approved program under the TAR,16 but they are not required to do so.17 In the absence of an approved program, the EPA implements this program. Alternatively, tribes can take delegation of the program from the EPA to assist the EPA with administration of the federal program, including acting as the Reviewing Authority for the EPA.

    16 To obtain eligibility to develop and implement an EPA-approved plan, under the TAR a tribe must meet four requirements: (1) be a federally recognized tribe, (2) have a functioning government, (3) have the legal authority and (4) have the capacity to run the program. For more information, see 63 FR 7254, February 12, 1998, http://www.thefederalregister.org/fdsys/pkg/FR-1998-02-12/pdf/98-3451.pdf.

    17 Under tribal law, tribes may also be able to establish permit fees under a tribal permitting program, as do most states.

    Under the Federal Indian Country Minor NSR rule, initially beginning September 2, 2014,18 any new stationary source, that will emit, or will have the potential to emit, a regulated NSR pollutant in amounts that will be: (a) Equal to or greater than the minor NSR thresholds established in the Federal Indian Country Minor NSR rule; but (b) less than the amount that would qualify the source as a major source or a major modification for purposes of the Prevention of Significant Deterioration (PSD) or nonattainment major NSR programs, must apply for and obtain a minor NSR permit before beginning construction of the new source. Likewise, any existing stationary source (minor or major) must apply for and obtain a minor NSR permit before beginning construction (a physical or operational change) that will increase the allowable emissions of the stationary source by more than the specified threshold amounts, if the change does not otherwise trigger the permitting requirements of the PSD or nonattainment major NSR program(s).19 The Federal Indian Country Minor NSR rule also created a framework for the EPA to streamline the issuance of pre-construction permits to true minor sources by using general permits.

    18 For true minor sources in the oil and natural gas sector, this date was extended twice. The final date of October 3, 2016, was included in the National O&NG FIP.

    19 A source may, however, be subject to certain monitoring, recordkeeping and reporting (MRR) requirements under the major NSR programs, if the change has a reasonable possibility of resulting in a major modification. A source may be subject to both the Federal Indian Country Minor NSR rule and the reasonable possibility MRR requirements of the major NSR program(s).

    In promulgating the National O&NG FIP we determined that it was appropriate to promulgate a FIP to remedy an existing regulatory gap with respect to oil and natural gas production and natural gas processing operations in areas covered by the Federal Indian Country Minor NSR rule where there is no EPA-approved plan in place. The authority that underlies and supports the National O&NG FIP (as well as the Federal Indian Country Minor NSR FIP) also authorizes this proposed action, which simply would amend the National O&NG FIP. In summary, just as we had the authority to establish the National O&NG FIP, we believe that we have authority under the CAA (sections 301(a), 301(d)(4) and 110(a)(2)(C)) and regulatory authority under the TAR (40 CFR 49.1-49.11) to carry out this action and extend the applicability of the National O&NG FIP to the Indian country portion of the Uinta Basin Ozone Nonattainment Area. As described above, the CAA provides broad authority to manage air resources throughout Indian country, regardless of area designation under the CAA. This is well established authority and we have exercised it on many occasions, including to regulate activity in areas of Indian country designated nonattainment. Foremost, the Agency is responsible for ensuring that NAAQS are achieved throughout Indian country and to implement CAA programs in Indian country that tribal governments do not elect to implement. This proposed action is consistent with and supported by our successful use of these authorities in these prior actions.

    Finally, in light of the intended, pending final designation of nonattainment for the Uinta Basin for the 2015 ozone NAAQS, this action is consistent with the CAA general provisions for nonattainment areas in CAA sections 172(b) and 172(c), which include references to CAA section 110(a)(2), as well as the major source nonattainment NSR permitting program in CAA section 173. This proposed action is consistent with CAA section 110(a)(2)(C), which requires that implementation plans include programs for all areas (attainment and nonattainment) that provide for the regulation of the modification and construction of any stationary source “as necessary to assure that national ambient air quality standards are achieved” for the reasons discussed elsewhere in this document. In addition, CAA sections 172 and 173 provide that programs relating to permits to construct for major sources should take into consideration emissions from existing sources, as well as new or modified sources that “are not major emitting facilities,” i.e., new or modified minor sources. Thus, the emissions from minor sources covered by this action would be considered in CAA section 173 major source permitting actions in the intended Uinta Basin Ozone Nonattainment Area, though they are not directly subject to regulation under CAA sections 172 and 173.20

    20 The Federal Indian Country NSR rule also provides for major source permitting in nonattainment areas in Indian country. See 76 FR 38748, July 1, 2011, https://www.thefederalregister.org/fdsys/pkg/FR-2011-07-01/pdf/2011-14981.pdf.

    C. Rationale for Proposed Action

    In the preamble to the final National O&NG FIP, we made clear that we could extend the geographic coverage of the FIP to nonattainment areas, provided that we also addressed existing, new and modified sources in a separate, reservation-specific FIP. We stated the need to develop area-specific plans if and when areas of Indian country become nonattainment. Further, we specifically noted concern about the air quality problem in the Uinta Basin and indicated our intent to propose a separate reservation-specific FIP to address the issue.

    The extension of the National O&NG FIP proposed in this document will, if finalized, provide coverage under the National O&NG FIP for Indian country portion of the intended Uinta basin Ozone Nonattainment Area after EPA's intended designation of portions of the Uinta Basin as being in nonattainment of the 2015 ozone NAAQS, which the EPA intends to issue by April 30, 2018. We indicated in the preamble to the final National O&NG FIP that we intended “to potentially apply the national FIP's requirements as appropriate to nonattainment areas where the EPA has established a separate, area-specific FIP.”21 The EPA does intend to do just that for the Indian country portion of the intended Uinta Basin Ozone Nonattainment Area, but in the meantime we are proposing this action. The agency believes that this approach is reasonable in light of the following considerations.

    21 See 81 FR 35943, 35946, June 3, 2016, https://www.thefederalregister.org/fdsys/pkg/FR-2016-06-03/pdf/2016-11969.pdf.

    First, as noted above, the EPA is moving quickly to undertake a separate rulemaking to establish a U&O Reservation-specific FIP for the area. We intend to complete this other action—the U&O Reservation-specific FIP—before the start of the 2018-2019 winter ozone season in the Uinta Basin. Our intent is for the FIP to contain VOC emissions control requirements that will apply to existing, new and modified minor oil and natural gas sources on the U&O Reservation. Our intent is for some of those requirements (i.e., VOC requirements on new and modified minor sources) to apply before the start of the 2018-2019 winter ozone season on the U&O Reservation, by which time we expect the final U&O Reservation-specific FIP to be effective with the requirements on existing oil and natural gas minor sources to follow. It should also be noted that preliminary monitoring data from the current 2017-2018 winter ozone season from across the region show values well below the 2015 ozone NAAQS.22

    22 See spreadsheet titled: “Uinta Basin Ozone Data, Dec. 2017-Feb. 2018,” Docket No. EPA-HQ-OAR-2014-0606.

    Second, the relatively short, initial period of time before a U&O Reservation-specific FIP is in place during which the National O&NG FIP will apply to the U&O Reservation (as part of the expected Uinta Basin Ozone Nonattainment Area), will be before the Uinta Basin winter ozone season. As noted above, the Uinta Basin does not have a summertime ozone air quality problem. We are, therefore, confident that—with this action—the eight emissions standards that apply to oil and natural gas sources under the National O&NG FIP will continue to be adequately protective of air quality in the U&O Reservation while we complete the separate rulemaking to establish a U&O Reservation-specific FIP, all of which we expect to occur before the start of the 2018-2019 winter ozone season in the Uinta Basin.

    Finally, the two-part approach we are taking is similar to the process that occurs under the CAA when an area within a state is designated nonattainment: A plan addressing the air quality problem is not due to the EPA until a period of time after an area is designated nonattainment. Thus, the approach we are presenting here, we believe, is reasonable.

    We also believe that this action—along with the EPA's related, forthcoming action to reduce oil and natural gas source emissions in the area—will address the air quality problem on the U&O Reservation, while maintaining a mechanism for authorizing construction that helps ensure continued oil and natural gas production on the U&O Reservation in compliance with the eight federal rules that apply to true minor oil and natural gas sources under the FIP.23 Based on feedback from Ute Indian Tribe leadership, continued oil and natural gas production is important for the maintenance of the local tribal economy, as the Ute Indian Tribe is dependent upon oil and natural gas revenue for its economic prosperity. Because the action we propose today will avoid disruption of that activity during the period before the wintertime ozone problem manifests, while the EPA works to promulgate an area-specific protective measure to address that problem, the agency believes this course of action will appropriately protect the Basin's environment without causing unnecessary disruption to its economy.

    23 This includes the EPA's New Source Performance Standards (NSPS) for oil and natural gas sources (40 CFR part 60, subpart OOOO) with affected facilities that commenced construction, modification or reconstruction after August 23, 2011. The standard includes emissions standards for VOC and sulfur dioxide (SO2) from a number of units, including storage tanks, compressors, and pneumatic controllers.

    We are proposing that the extension of the National O&NG FIP to eligible true minor oil and natural gas sources in the Indian country portion of the intended Uinta Basin Ozone Nonattainment Area be permanent. However, we also are seeking comment on whether, instead, it should be temporary and expire before the onset of the 2018-2019 ozone season. We seek comment on whether the extension should be temporary, in light of the facts surrounding the Uinta Basin's situation as described above and with respect to: (1) This proposed action, (2) its impending nonattainment designation, and (3) the forthcoming area-specific FIP.

    In particular, we seek comment on how the EPA can protect air quality on the U&O Reservation and ensure continued oil and natural gas development under two general scenarios. In the first scenario, we finalize the extension as permanent, as proposed, but we do not complete the U&O Reservation-specific FIP by the start of the 2018-2019 Uinta Basin winter ozone season. A concern may be that continuing to allow the Uinta Basin Ozone Nonattainment Area to be covered by the National O&NG FIP in the absence of any emissions reductions that may be associated with the U&O Reservation-specific FIP. We seek comment relating to this scenario, including on what the Agency could do in this action, when finalized, to mitigate possible impacts.

    In another scenario, we, instead finalize the extension as temporary and we set it to expire at the end of calendar year 2018, say, but we do not complete the U&O Reservation-specific FIP by the start of the 2018-2019 Uinta Basin winter ozone season. Here, the concern would be the effect on oil and natural gas activity on the U&O Reservation, if the area loses coverage under the National O&NG FIP. In the absence of other measures, sources in the Indian country portion of Uinta Basin Ozone Nonattainment Area (the U&O Reservation) would need to obtain source-specific minor source permits in order to construct and operate. Oil and natural gas owners and operators in the U&O reservation and the Ute Indian Tribe have significant concerns about delays associated with this type of permitting. As noted above, the Ute Indian Tribe relies on revenue from oil and natural gas activity for its livelihood and has expressed concerns about the lengthier timeframes associated with EPA approvals under source-specific permitting. We seek comment relating to this scenario, including on what the Agency could do to mitigate possible impacts.

    III. Background A. FIPs Under the Indian Country Minor NSR Rule 1. Federal Indian Country Minor NSR Rule

    As noted above, CAA section 301(d)(4) authorizes the EPA to issue regulations directly administering, in Indian country, provisions of the Act. Exercising its authority, including its authority under 301(d)(4), the EPA promulgated the Federal Indian Country Minor NSR rule, a type of FIP. We identified a regulatory gap that could have the effect of adversely impacting air quality due to the lack of approved minor NSR permit programs to regulate construction of new and modified minor sources and minor modifications of major sources in areas covered by the Federal Indian Country Minor NSR rule. The EPA promulgated the FIP to ensure that air resources are protected by establishing a preconstruction permitting program to regulate emission increases resulting from construction and modification activities that are not already regulated by the major NSR permitting programs.

    2. National O&NG FIP

    Following the issuance of the Federal Indian Country Minor NSR FIP, EPA proposed the National O&NG FIP.24 Because there were no currently approved TIPs specifically applying to the issuance of general permits with respect to the reduction of emissions related to oil and natural gas production facilities, we proposed a FIP to protect air quality in areas covered by the Federal Indian Country Minor NSR rule. The National O&NG FIP was published in final form on June 3, 2016.25 The National O&NG FIP adopted legally and practicably enforceable requirements to control and reduce air emissions from oil and natural gas production.

    24 “Review of New Sources and Modifications in Indian Country: Federal Implementation Plan for Managing Air Emissions from True Minor Sources Engaged in Oil and Natural Gas Production in Indian Country,” U.S. Environmental Protection Agency, 80 FR 56553, September 18, 2005, https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-21025.pdf.

    25 See 81 FR 35943, 35946, June 3, 2016, https://www.thefederalregister.org/fdsys/pkg/FR-2016-06-03/pdf/2016-11969.pdf.

    The National O&NG FIP was developed to protect air quality in Indian country due to the impact of new true minor sources and minor modifications at existing true minor sources in the oil and natural gas production and natural gas processing segments of the oil and natural gas sector that are locating or expanding in an Indian reservation or in another area of Indian country over which a tribe, or the EPA, has demonstrated that the tribe has jurisdiction. The FIP applies to new and modified true minor sources that are located or expanding in such areas of Indian country designated as attainment, unclassifiable or attainment/unclassifiable. It currently does not apply to new and modified true minor sources that are located or expanding in such areas of Indian country designated nonattainment. However, this action proposes to extend the National O&NG FIP's geographic coverage to the Uinta Basin Ozone Nonattainment Area. The FIP does not apply to minor modification of major sources; such sources are required to obtain a source-specific permit prior to beginning construction, per the Federal Indian Country Minor NSR rule.

    The National O&NG FIP fulfills the EPA's obligation under the Federal Indian Country Minor NSR rule to issue minor source NSR pre-construction permits to oil and natural gas sources. The National O&NG FIP provides a streamlined, alternative approach that fulfills the permitting requirement, while also ensuring air quality protection through requirements that are unambiguous and legally and practicably enforceable. The FIP approach is also transparent to the public: It is clear to the public what requirements will apply. The FIP reduces burden for sources and the Reviewing Authority and minimizes potential delays in new construction due to compliance with the minor NSR permitting obligation. True minor sources in the oil and natural gas production and natural gas processing segments of the oil and natural gas sector are required to comply with the FIP instead of obtaining a source-specific minor source permit, unless a source chooses to opt out of the FIP and to obtain a source-specific minor NSR permit instead.

    Under the FIP, we require owners/operators of oil and natural gas production facilities and natural gas processing plants to comply with eight federal standards to reduce emissions of VOC, NOX, SO2, particulate matter (PM, PM10, PM2.5), hydrogen sulfide, carbon monoxide and various sulfur compounds from the following units/processes in the oil and natural gas production and natural gas processing segments of the oil and natural gas sector: Compression ignition and spark ignition engines; process heaters; combustion turbines; fuel storage tanks; glycol dehydrators; completion of hydraulically fractured oil and natural gas wells; reciprocating and centrifugal compressors (except those located at well sites); pneumatic controllers; pneumatic pumps; storage vessels; and fugitive emissions from well sites, compressor stations and natural gas processing plants. The oil and natural gas FIP requires compliance with five NSPS and three national emission standards for hazardous air pollutants (NESHAP).26 These regulations are listed in Table 2.

    26 Though this FIP only addresses new and modified true minor sources, it is important to note that NESHAPs not only apply to new sources but to existing sources as well.

    The eight regulations and the provisions of each that are included in the oil and natural gas FIP are discussed in more detail in this section. The FIP's requirements include emission standards (that contain emission limitations), monitoring, testing, recordkeeping and reporting. For purposes of the National O&NG FIP, true minor sources must comply with these standards, as they currently exist or as amended in the future, except for those provisions that we specifically exclude under the National O&NG FIP (unless the source opts out of the FIP and obtains a source-specific permit or is otherwise required to obtain a source-specific permit by the Reviewing Authority). Sources subject to the National O&NG FIP would be subject to any future changes to the eight underlying EPA standards only if they undergo a future minor modification as a true minor source and would otherwise be subject to those future changes. (The National O&NG FIP does not change the applicability of the specified standards, nor does it relieve sources subject to the standards from complying with them, independently of the National O&NG FIP.)

    Table 2—Eight Federal Rules Included in the Oil and Natural Gas FIP for Indian Country 27 40 CFR part and subpart Title of subpart Potentially affected sources in the oil and natural gas production and natural gas processing segments of the oil and natural gas sector Location 40 CFR part 63, subpart DDDDD National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters Process heaters http://www.ecfr.gov/cgi-bin/text-idx?SID=9f31077f895e9cb417f5386519941a47&mc=true&node=sp40.14.63.ddddd&rgn=div6. 40 CFR part 63, subpart ZZZZ Subpart ZZZZ—National Emissions Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines Reciprocating Internal Combustion Engines http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr;rgn=div6;view=text;node=40%3A14.0.1.1.1.1;idno=40;sid=e94dcfde4a04b27290c445a56e635e58;cc=ecfr. 40 CFR part 60, subpart IIII Standards of Performance for Stationary Compression Ignition Internal Combustion Engines Compression Ignition Internal Combustion Engines http://www.ecfr.gov/cgi-bin/text-idx?SID=9f31077f895e9cb417f5386519941a47&mc=true&node=sp40.7.60.iiii&rgn=div6. 40 CFR part 60, subpart JJJJ Standards of Performance for Stationary Spark Ignition Internal Combustion Engines Spark Ignition Internal Combustion Engines http://www.ecfr.gov/cgi-bin/text-idx?SID=9f31077f895e9cb417f5386519941a47&mc=true&node=sp40.7.60.jjjj&rgn=div6. 40 CFR part 60, subpart Kb Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984 Fuel Storage Tanks http://www.ecfr.gov/cgi-bin/text-idx?SID=9f31077f895e9cb417f5386519941a47&mc=true&node=sp40.7.60.k_0b&rgn=div6. 40 CFR part 60, subpart OOOOa Standards of Performance for Crude Oil and Natural Gas Facilities for which Construction, Modification, or Reconstruction Commenced after September 18, 2015 Storage Vessels, Pneumatic Controllers, Compressors (Reciprocating and Centrifugal), Hydraulically Fractured Oil and Natural Gas Well Completions, Pneumatic Pumps and Fugitive Emissions from Well Sites and Compressor Stations https://www.epa.gov/controlling-air-pollution-oil-and-natural-gas-industry/actions-and-notices-about-oil-and-natural-gas. 40 CFR part 63, subpart HH National Emission Standards for Hazardous Air Pollutants from Oil and Natural Gas Production Facilities Glycol Dehydrators http://www.ecfr.gov/cgi-bin/text-idx?SID=9f31077f895e9cb417f5386519941a47&mc=true&node=sp40.11.63.hh&rgn=div6. 40 CFR part 60, subpart KKKK Standards of Performance for New Stationary Combustion Turbines Combustion Turbines http://www.ecfr.gov/cgi-bin/text-idx?SID=4090b6cf5eea5cb67940a80906ff09a2&mc=true&node=sp40.7.60.kkkk&rgn=div6. 3. National O&NG FIP and Areas of Comment the EPA Received Relevant to This Action

    27 Three of the eight rules are NESHAPs. Our basis for requiring compliance with NESHAPs in this rule that is designed to fulfill requirements of the Federal Indian Country Minor NSR rule is to address emissions of criteria pollutants. The requirements from the NESHAPs are included because they effectively control emissions of all VOC, not just those that are also hazardous air pollutants. VOC is an NSR-regulated pollutant of concern in the Federal Indian Country Minor NSR rule.

    In the response to comments section of the preamble to the final rule establishing the National O&NG FIP, we addressed some issues that are related to this proposed action.28 We provided that the FIP does not apply in a nonattainment area, but that it could, if we addressed existing sources in such an area.29 We stated that, parallel to designating such an area is designated as nonattainment, we would promulgate an area-specific FIP for existing sources if we determine that it is “necessary or appropriate” to do so pursuant to the TAR.30 We received comments concerning extending the geographic reach of the National O&NG FIP to nonattainment areas. Commenters were concerned with how permitting requirements would be satisfied in such areas during the transition period between the time an area is designated as nonattainment and the time a separate, area-specific FIP to control emissions adequately in such a nonattainment area is in place. The Uinta Basin was given as an example of where the absence of a streamlined means to satisfy permitting requirements during this transition period could pose problems. In response to the comments, we stated our intent to potentially apply the National O&NG FIP's requirements as appropriate to nonattainment areas, where the EPA has established a separate, area-specific FIP. As discussed earlier, our proposed approach here is slightly different, in that the extension of the National O&NG FIP to the Uinta Basin nonattainment area may precede the separate, area-specific FIP for that area. However, our plan is for the separate, area-specific FIP to be in place before the next winter ozone season. Because, as discussed above, ozone problems in the Uinta Basin are limited to the winter season, we believe this approach is appropriately protective of air quality, without unduly impeding oil and natural gas activity in Indian Country.

    28 81 FR 35943, June 3, 2016, https://www.thefederalregister.org/fdsys/pkg/FR-2016-06-03/pdf/2016-11969.pdf.

    29 In the preamble to the final National O&NG FIP we also indicated as a general matter—and not in response to comments—that new and modified sources also need to be addressed in reservation-specific FIPs (in addition to existing sources) when considering whether to extend the geographic coverage of the National O&NG FIP to nonattainment area. 81 FR 35943, 35964, 35968, June 3, 2016, https://www.thefederalregister.org/fdsys/pkg/FR-2016-06-03/pdf/2016-11969.pdf.

    30 63 FR 7254, February 12, 1998, http://www.thefederalregister.org/fdsys/pkg/FR-1998-02-12/pdf/98-3451.pdf.

    In addition, we received comments recommending that we add monitoring and modeling requirements to the National O&NG FIP. Our response to those comments included a discussion about the state of air quality in areas of Indian country with oil and natural gas activity. With respect to air quality in areas of Indian country with oil and natural gas development, we noted in June 2016 when we promulgated the National O&NG FIP that we were not seeing widespread air quality problems in Indian country due to oil and natural gas activity. We mentioned in June 2016 that, in all of Indian country, only two counties in the Uinta Basin (including land within the U&O Reservation) had air quality problems due to oil and natural gas activity. That is still the case and is discussed further in Section III.C. We had (and still have) sufficient concerns about the air quality impacts from existing sources in that area that we intend to soon propose a separate reservation-specific FIP, which, as noted above, is expected to be in place before next winter's ozone season.

    B. Uinta Basin Air Quality and Intended Nonattainment Designation

    On October 1, 2015, the EPA promulgated revised primary and secondary ozone NAAQS.31 The EPA strengthened both standards to a level of 0.070 parts per million (ppm). In accordance with section 107(d) of the CAA, whenever the EPA establishes a new or revised NAAQS, the EPA must promulgate designations for all areas of the country for that NAAQS. The EPA must complete this process within 2 years of promulgating the NAAQS, unless the Administrator has insufficient information to make the initial designations decisions in that time frame. In such circumstances, the EPA may take up to 1 additional year to complete the designations. Under CAA section 107(d), states were required to submit area designation recommendations to the EPA for the 2015 ozone NAAQS no later than 1 year following promulgation of the standards (i.e., by October 1, 2016).

    31 “National Ambient Air Quality Standards for Ozone,” U.S. Environmental Protection Agency, 80 FR 65292, October 26, 2015, https://www.thefederalregister.org/fdsys/pkg/FR-2015-10-26/pdf/2015-26594.pdf.

    On September 29, 2016, the state of Utah provided designation recommendations for counties in Utah based on air quality data from 2013-2015. The state recommended a designation of nonattainment for townships in the counties of Duchesne and Uintah under state air jurisdiction that are at and below the 6,000-ft elevation. On February 26, 2018, the state of Utah provided further input on the nonattainment boundaries. On September 27, 2016, the Ute Indian Tribe of the Uintah and Ouray Reservation recommended that the Indian country area at an unspecified distance around the Ouray ozone monitor in the Uinta Basin be designated as nonattainment for the 2015 ozone NAAQS based on air quality data from 2013-2015. However, the Tribe recommended a designation of attainment for all of Indian country in the Uinta Basin, assuming the EPA concurs with an exceptional event package submitted to the agency (by the Tribe) covering two days in June 2015.

    On December 20, 2017, in our response to the state and tribal designation boundary recommendations, we indicated our intent to modify the state's and tribe's recommendations for the Uinta Basin area. We provided the intended boundary in a Technical Support Document.32 In short, the EPA's boundary for the intended nonattainment area for the Uinta Basin includes both state and Indian country lands within portions of Duchesne and Uintah Counties. A comment period followed the EPA's statement on its intended nonattainment boundaries for the Uinta Basin and other areas.33

    32 Utah: Northern Wasatch Front, Southern Wasatch Front, and Uinta Basin Intended Area Designations for the 2015 Ozone National Ambient Air Quality Standards Technical Support Document (TSD),” U.S. Environmental Protection Agency, December 20, 2017, https://www.epa.gov/sites/production/files/2018-01/documents/ut_120d_tsd.pdf.

    33 83 FR 651, January 5, 2018, https://www.thefederalregister.org/fdsys/pkg/FR-2018-01-05/pdf/2018-00024.pdf.

    IV. Summary of Proposed Amendments

    This action proposes to amend the National O&NG FIP to extend its application to eligible true minor oil and natural gas sources in the Indian country portion of the intended Uinta Basin Ozone Nonattainment Area, which includes its mechanism for authorizing construction. We also are proposing to make a technical correction to fix a typographical error in § 49.101(c).

    First, this action proposes to add a new subparagraph to the CFR, to be codified at § 49.101(e). In the new subparagraph, we are proposing to narrowly extend the geographic scope of the National O&NG FIP to cover eligible true minor oil and natural gas sources wishing to locate or expand in the Indian country portion (U&O Reservation) of the intended Uinta Basin Ozone Nonattainment Area.34 This proposed extension of coverage to this one nonattainment area does not alter the FIP's current geographic coverage of attainment, unclassifiable and attainment/unclassifiable areas with regard to the rest of Indian country across the nation. The proposed, geographically limited extension is in addition to the current coverage. Under this proposed amendment, true minor oil and natural gas sources in the oil and natural gas production and natural gas processing segments of the oil and natural gas sector wishing to locate or expand in the Indian country portion of the intended Uinta Basin Ozone Nonattainment Area would also have to meet the criteria under § 49.101(b)(1) to qualify, except for § 49.101(b)(1)(v). Section 49.101(b)(1)(v) contains the requirement governing the primary geographic scope of the FIP and not its limited extension to the intended Uinta Basin Ozone Nonattainment Area, and, thus, would not be relevant for such sources. In other words, the new paragraph § 49.101(e) would displace existing § 49.101(b)(1)(v) for Indian country within the intended Uinta Basin Ozone Nonattainment Area—and only for that area of Indian country.

    34 Utah: Northern Wasatch Front, Southern Wasatch Front, and Uinta Basin Intended Area Designations for the 2015 Ozone National Ambient Air Quality Standards Technical Support Document (TSD),” U.S. Environmental Protection Agency, December 20, 2017, https://www.epa.gov/sites/production/files/2018-01/documents/ut_120d_tsd.pdf.

    To accomplish this extension, it is also necessary to define the boundaries of the intended Uinta Basin Ozone Nonattainment Area to which the National O&G FIP would apply if the EPA finalizes this proposed rule. To accomplish this, the EPA proposes to incorporate the boundaries for the intended nonattainment area for the Uinta Basin, or areas within the Uinta Basin, as defined at 40 CFR part 81, Designations of Areas for Air Quality Purposes.35 The regulatory and other processes that have occurred within and outside the EPA and between the EPA and state and tribal governments govern the development and final decision on the boundaries for the intended Uinta Basin Ozone Nonattainment Area and not this action.

    35 Ibid.

    Second, this action proposes a technical correction to § 49.101(c), which currently reads: “When must I comply with §§ 49.101 through 49.105? You must comply with §§ 49.101 through 49.101 on or after October 3, 2016.” This provision is supposed to reference §§ 49.101 through 49.105, as the title indicates. We are proposing to correct it to read: “When must I comply with §§ 49.101 through 49.105? You must comply with §§ 49.101 through 49.105 on or after October 3, 2016.” The EPA believes that this is a correction of a self-evident scrivener's error and does not constitute a substantive change of the existing regulatory provision.

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

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

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

    This action is expected to be an Executive Order 13771 deregulatory action. This proposed rule is expected to provide meaningful burden reduction by extending the streamlined authorization-to-construct method for true minor new and modified oil and natural gas sources. The streamlined authorization, which was established by the EPA in 2016, reduces the resource burden on the permitting authority and regulated community associated with submitting and reviewing permit applications for these sources in attainment and unclassifiable areas. This action proposes to extend the streamlined authorization to the intended Uinta Basin Ozone Nonattainment Area.

    C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden under the PRA. OMB has previously approved the information collection activities contained in the Federal Indian Country Minor NSR rule and has assigned OMB control number 2060-0003.36 This action amends the National O&NG FIP which provides a mechanism for authorizing construction for true minor sources in the oil and natural gas production and natural gas processing segments of the oil and natural gas sector locating or located in areas covered by the Federal Indian Country Minor NSR rule to satisfy the requirements of that rule other than by obtaining a source-specific minor source permit. Because it substitutes for a source-specific permit, which would contain information collection activities covered by the Information Collection Request for Federal Indian Country Minor NSR rule issued in July 2011, neither the proposed amendments nor the National O&NG FIP impose any new obligations or enforceable duties on any state, local or tribal government or the private sector. In fact, the proposed amendments would have the effect of reducing paperwork burden on sources wishing to locate or expand in the Indian country portion of the Uinta Basin as the amendments provide an alternative to source-specific permitting for such sources.

    36 Since the Federal Indian Country Minor NSR rule was promulgated, the Information Collection Request has been renewed and approved by OMB twice. The most recent approval extended the ICR until October 31, 2020. The ICR covers the activities of the National O&NG FIP. For more information, go to: https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201702-2060-005.

    D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. The EPA analyzed the impact on small entities of streamlined permitting under the Federal Indian Country Minor NSR rule 37 and determined that it would not have a significant economic impact on a substantial number of small entities. (By allowing sources to avoid having to obtain source-specific permits, this proposed action also would relieve regulatory burden.) This action merely implements a particular aspect of the Federal Indian Country Minor NSR rule. We have, therefore, concluded that this action will have no net regulatory burden for all directly regulated small entities.

    37 “Review of New Sources and Modifications in Indian Country,” U.S. Environmental Protection Agency, 76 FR 38748, July 1, 2011, https://www.federalregister.gov/articles/2011/07/01/2011-14981/review-of-new-sources-and-modifications-in-indian-country.

    E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandates, as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal government or the private sector. It simply modifies one option for sources to comply with the Federal Indian Country Minor NSR rule. The Federal Indian Country Minor NSR rule itself, not this proposed action, imposes the obligation that true minor sources in areas covered by the Federal Indian Country Minor NSR rule obtain a minor source NSR permit prior to commencing construction. This proposed action merely applies the National O&NG FIP to the U&O Reservation as part of the Uinta Basin Nonattainment Area, which includes a streamlined mechanism for authorizing construction for meeting the obligation of the Federal Indian Country minor NSR rule.

    F. Executive Order 13132: Federalism

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

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

    This action has tribal implications. However, it will neither impose substantial direct compliance costs on federally recognized tribal governments, nor preempt tribal law. Consistent with the EPA Policy on Consultation and Coordination with Indian Tribes (May 4, 2011),38 the EPA offered consultation on the concerns addressed in this proposed action, which include the lack of a streamlined permitting for the U&O Reservation should the area be designated nonattainment. The EPA conducted outreach on the issues addressed by the previous rule via ongoing monthly meetings with tribal environmental professionals in the development of the past proposed action,39 and further as follows via: (1) Tribal consultation with the Ute Indian Tribe Business Committee on July 22, 2015; December 17, 2016; November 13, 2017; and March 22, 2018, regarding options that the EPA considered in addressing the Uinta Basin air quality concerns; (2) stakeholder meetings where the Tribe was included and participated in emissions contributions discussions specific to the EPA's strategy for addressing the Uinta Basin air quality concerns; (3) ongoing stakeholder working group meetings; and (4) tribally-convened stakeholder meetings on March 22, 2017, and June 1-2, 2017.

    38 For more information, go to: https://www.epa.gov/tribal/epa-policy-consultation-and-coordination-indian-tribes.

    39 These monthly meetings are general in nature, dealing with many air-related topics, and are not specific to this proposed action.

    This action reflects tribal concerns about, and priorities for, developing a streamlined approach for permitting true minor sources in the oil and natural gas sector in areas covered by the Federal Indian Country Minor NSR rule in the intended Uinta Basin Ozone Nonattainment Area. As these amendments, if finalized, are implemented, we will continue to provide regular outreach to tribes to ensure we address issues concerning the FIP if and when they arise. The EPA is available for consultation with any interested tribe.

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

    This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because the EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children.

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

    This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.

    J. National Technology Transfer and Advancement Act (NTTAA)

    This action does not involve technical standards.

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

    As discussed in Section II.B, we believe that this action is reasonable in light of our intended, separate rulemaking to establish a reservation-specific FIP and the expected short period of time before these requirements would apply. Therefore, the EPA believes the amendments in this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations. Through these amendments, we seek: (1) To extend geographically the National O&NG FIP and its mechanism for authorizing construction that effectively provides a streamlined method for implementing a pre-construction permitting program for true minor sources in the oil and natural gas sector in areas covered by the Federal Indian Country Minor NSR rule, and (2) to pursue an approach that enables a streamlined process, which helps promote economic development by minimizing delays in new construction.

    List of Subjects in 40 CFR Part 49

    Environmental protection, Administrative practices and procedures, Air pollution control, Indians, Indians—law, Indians—tribal government, Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: April 30, 2018. E. Scott Pruitt, Administrator.

    For the reasons set forth in the preamble, 40 CFR part 49 is proposed to be amended as follows:

    PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT 1. The authority citation for part 49 continues to read as follows: Authority:

    42 U.S.C. 7401, et seq.

    Subpart C—General Federal Implementation Plan Provisions 2. In § 49.101: a. Revise paragraph (c). b. Add paragraph (e).

    The revision and addition read as follows:

    § 49.101 Introduction.

    (c) When must I comply with §§ 49.101 through 49.105? You must comply with §§ 49.101 through 49.105 on or after October 3, 2016.

    (e) Notwithstanding paragraph (b)(1)(v), oil and natural gas sources located in the Indian country portion of the Uinta Basin Ozone Nonattainment Area are subject to §§ 49.101 through 49.105 (except for paragraph (b)(1)(v)), provided subparagraphs (b)(1)(i)-(iv) are also satisfied.

    3. In § 49.102, add the definition “Uinta Basin ozone nonattainment area” in alphabetical order to read as follows:
    § 49.102 Definitions.

    Uinta Basin ozone nonattainment area means the nonattainment area for the Uinta Basin, or such parts or areas of the Uinta Basin, as it is or may hereafter be defined at 40 CFR part 81, Designations of Areas for Air Quality Purposes.

    [FR Doc. 2018-09652 Filed 5-7-18; 8:45 am] BILLING CODE 6560-50-P
    83 89 Tuesday, May 8, 2018 Notices DEPARTMENT OF AGRICULTURE [Doc. Number: AMS-FTPP-18-0024] Information Collection; United States Warehouse Act (USWA) AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Revision to and extension of a currently approved information collection; comment request.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, as amended, the Agricultural Marketing Service (AMS) is requesting comments from all interested individuals and organizations on an extension of a currently approved information collection process associated with the regulations, licensing, and electronic provider agreements issued pursuant to the United States Warehouse Act (“USWA”). The only revision to this information collection involves the transfer of functions from the Farm Service Agency to the Agricultural Marketing Service due to internal reorganization within the United States Department of Agriculture.

    DATES:

    Comments on this Notice must be received by July 9, 2018.

    ADDRESSES:

    You may submit comments on this Notice. All comments should reference the docket number AMS-FTPP-18-0024, the date, and page number of this issue of the Federal Register. All comments received will be posted without change, including any personal information provided, at www.regulations.gov and will be included in the record and made available to the public. You may submit comments by any of the following methods:

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

    Mail, hand delivery, or courier: Brandi Kujawa, United States Department of Agriculture, Agricultural Marketing Service, Fair Trade Practices Program, Warehouse Commodity and Management Division—Examination Branch, STOP 9148, P.O. Box 419205, Kansas City, MO 64141-9205.

    Copies of the information collection may be requested by contacting Brandi Kujawa as provided below.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, contact Brandi Kujawa, (816) 926-6582. Persons with disabilities who require alternative means for communication (Braille, large print, audio tape, etc.) should contact the USDA's TARGET Center at (202)720-2600 (Voice).

    SUPPLEMENTARY INFORMATION:

    Title: United States Warehouse Act (USWA).

    OMB Control Number: 0581-0305.

    Expiration Date of Approval: June 30, 2018.

    Type of Request: Revision and extension of a currently approved information collection.

    Abstract: AMS is responsible, as required by the USWA, 7 U.S.C. 241 et seq., to license public warehouse operators that are in the business of storing agricultural products, to examine such federally-licensed warehouses and to license qualified persons to sample, inspect, weigh, and classify agricultural products. The AMS licenses under the USWA cover approximately half of all commercial grain and cotton warehouse capacities in the United States. The regulations that implement the USWA govern the establishment and maintenance of systems under which documents, including documents of title on shipment, payment and financing, may be issued or transferred for agricultural products. Some of these systems and documents issued may be electronic. The regulations are found at 7 CFR 735 et seq.

    This information collection allows AMS to effectively administer the regulations, licensing, and electronic provider agreements and related reporting and recordkeeping requirements as specified in the USWA.

    The forms in this information collection are used to provide those charged with issuing licenses under the USWA a basis to determine whether the warehouse and the warehouse operator meet application requirements to receive a license, and to determine compliance once the license is issued.

    In keeping the public informed, this information collection request was previously approved by the Farm Service Agency (FSA) and due to an internal reorganization, the USWA functions were transferred to AMS. The OMB control number for the forms is currently 0581-0305. AMS is not making any changes to the burden hours in this request since the prior submission to OMB made by FSA.

    For the following estimated total annual burden on respondents, the formula used to calculate the total burden hours is the estimated average time per response multiplied by the estimated total annual responses.

    Estimate of Respondent Burden: Public reporting burden for collecting information under this notice is estimated to average 0.46 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collections of information.

    Type of Respondents: Warehouse operators, electronic providers and producers participating in AMS or Commodity Credit Corporation programs.

    Estimated Number of Respondents: 3,000.

    Estimated Average Number of Responses per Respondent: 5.9574.

    Estimated Total Annual Responses: 17,872.

    Estimated Average Time per Response: 0.46.

    Estimated Total Annual Burden on Respondents: 8,162.50 hours.

    Comments are invited on all aspects of this information collection to help AMS to:

    (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) Evaluate the accuracy of the agency's estimate of the burden of the collection of information including the validity of the methodology and assumptions used;

    (3) Evaluate the quality, utility, and clarity of the information technology; and

    (4) Minimize the burden of the information collection on those who are to respond through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    All comments received in response to this notice, including names and addresses when provided, will become a matter of public record. Comments will be summarized and included in the request for OMB approval of the information collection.

    Dated: May 2, 2018. Greg Ibach, Under Secretary, Marketing and Regulatory Programs.
    [FR Doc. 2018-09678 Filed 5-7-18; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF AGRICULTURE Food and Nutrition Service Child Nutrition Programs: Income Eligibility Guidelines AGENCY:

    Food and Nutrition Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces the Department's annual adjustments to the Income Eligibility Guidelines to be used in determining eligibility for free and reduced price meals and free milk for the period from July 1, 2018 through June 30, 2019. These guidelines are used by schools, institutions, and facilities participating in the National School Lunch Program (and Commodity School Program), School Breakfast Program, Special Milk Program for Children, Child and Adult Care Food Program and Summer Food Service Program. The annual adjustments are required by section 9 of the Richard B. Russell National School Lunch Act. The guidelines are intended to direct benefits to those children most in need and are revised annually to account for changes in the Consumer Price Index.

    DATES:

    Implementation Date: July 1, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Jessica Saracino, Program Monitoring and Operational Support Division, Child Nutrition Programs, Food and Nutrition Service, United States Department of Agriculture, 3101 Park Center Drive, Suite 628, Alexandria, Virginia 22302.

    SUPPLEMENTARY INFORMATION:

    This action is not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601-612) and thus is exempt from the provisions of that Act.

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), no recordkeeping or reporting requirements have been included that are subject to approval from the Office of Management and Budget.

    This notice has been determined to be not significant and was not reviewed by the Office of Management and Budget in conformance with Executive Order 12866. The affected programs are listed in the Catalog of Federal Domestic Assistance under No. 10.553, No. 10.555, No. 10.556, No. 10.558, and No. 10.559 and are subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 2 CFR part 415).

    Background

    Pursuant to sections 9(b)(1) and 17(c)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1) and 42 U.S.C. 1766(c)(4)), and sections 3(a)(6) and 4(e)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1772(a)(6) and 1773(e)(1)(A)), the Department annually issues the Income Eligibility Guidelines for free and reduced price meals for the National School Lunch Program (7 CFR part 210), the Commodity School Program (7 CFR part 210), School Breakfast Program (7 CFR part 220), Summer Food Service Program (7 CFR part 225) and Child and Adult Care Food Program (7 CFR part 226) and the guidelines for free milk in the Special Milk Program for Children (7 CFR part 215).

    These eligibility guidelines are based on the Federal income poverty guidelines and are stated by household size. The guidelines are used to determine eligibility for free and reduced price meals and free milk in accordance with applicable program rules.

    Definition of Income

    In accordance with the Department's policy as provided in the Food and Nutrition Service publication Eligibility Manual for School Meals, “income,” as the term is used in this notice, means income before any deductions such as income taxes, Social Security taxes, insurance premiums, charitable contributions, and bonds. It includes the following: (1) Monetary compensation for services, including wages, salary, commissions or fees; (2) net income from nonfarm self-employment; (3) net income from farm self-employment; (4) Social Security; (5) dividends or interest on savings or bonds or income from estates or trusts; (6) net rental income; (7) public assistance or welfare payments; (8) unemployment compensation; (9) government civilian employee or military retirement, or pensions or veterans payments; (10) private pensions or annuities; (11) alimony or child support payments; (12) regular contributions from persons not living in the household; (13) net royalties; and (14) other cash income. Other cash income would include cash amounts received or withdrawn from any source including savings, investments, trust accounts and other resources that would be available to pay the price of a child's meal.

    “Income”, as the term is used in this notice, does not include any income or benefits received under any Federal programs that are excluded from consideration as income by any statutory prohibition. Furthermore, the value of meals or milk to children shall not be considered as income to their households for other benefit programs in accordance with the prohibitions in section 12(e) of the Richard B. Russell National School Lunch Act and section 11(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1760(e) and 1780(b)).

    The Income Eligibility Guidelines

    The following are the Income Eligibility Guidelines to be effective from July 1, 2018 through June 30, 2019. The Department's guidelines for free meals and milk and reduced price meals were obtained by multiplying the year 2018 Federal income poverty guidelines by 1.30 and 1.85, respectively, and by rounding the result upward to the next whole dollar.

    This notice displays only the annual Federal poverty guidelines issued by the Department of Health and Human Services because the monthly and weekly Federal poverty guidelines are not used to determine the Income Eligibility Guidelines. The chart details the free and reduced price eligibility criteria for monthly income, income received twice monthly (24 payments per year); income received every two weeks (26 payments per year) and weekly income.

    Income calculations are made based on the following formulas: Monthly income is calculated by dividing the annual income by 12; twice monthly income is computed by dividing annual income by 24; income received every two weeks is calculated by dividing annual income by 26; and weekly income is computed by dividing annual income by 52. All numbers are rounded upward to the next whole dollar.

    The numbers reflected in this notice for a family of four in the 48 contiguous States, the District of Columbia, Guam and the territories represent an increase of 2.0 percent over last year's level for a family of the same size.

    Authority:

    Section 9(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)(A)).

    Income Eligibility Guidelines [Effective from July 1, 2018 to June 30, 2019] Household size Federal poverty guidelines Annual Reduced Price Meals—185% Annual Monthly Twice per month Every two weeks Weekly Free Meals—130% Annual Monthly Twice per month Every two weeks Weekly 48 Contiguous States, District of Columbia, Guam, and Territories 1 12,140 22,459 1,872 936 864 432 15,782 1,316 658 607 304 2 16,460 30,451 2,538 1,269 1,172 586 21,398 1,784 892 823 412 3 20,780 38,443 3,204 1,602 1,479 740 27,014 2,252 1,126 1,039 520 4 25,100 46,435 3,870 1,935 1,786 893 32,630 2,720 1,360 1,255 628 5 29,420 54,427 4,536 2,268 2,094 1,047 38,246 3,188 1,594 1,471 736 6 33,740 62,419 5,202 2,601 2,401 1,201 43,862 3,656 1,828 1,687 844 7 38,060 70,411 5,868 2,934 2,709 1,355 49,478 4,124 2,062 1,903 952 8 42,380 78,403 6,534 3,267 3,016 1,508 55,094 4,592 2,296 2,119 1,060 For each add'l family member, add 4,320 7,992 666 333 308 154 5,616 468 234 216 108 Alaska 1 15,180 28,083 2,341 1,171 1,081 541 19,734 1,645 823 759 380 2 20,580 38,073 3,173 1,587 1,465 733 26,754 2,230 1,115 1,029 515 3 25,980 48,063 4,006 2,003 1,849 925 33,774 2,815 1,408 1,299 650 4 31,380 58,053 4,838 2,419 2,233 1,117 40,794 3,400 1,700 1,569 785 5 36,780 68,043 5,671 2,836 2,618 1,309 47,814 3,985 1,993 1,839 920 6 42,180 78,033 6,503 3,252 3,002 1,501 54,834 4,570 2,285 2,109 1,055 7 47,580 88,023 7,336 3,668 3,386 1,693 61,854 5,155 2,578 2,379 1,190 8 52,980 98,013 8,168 4,084 3,770 1,885 68,874 5,740 2,870 2,649 1,325 For each add'l family member, add 5,400 9,990 833 417 385 193 7,020 585 293 270 135 Hawaii 1 13,960 25,826 2,153 1,077 994 497 18,148 1,513 757 698 349 2 18,930 35,021 2,919 1,460 1,347 674 24,609 2,051 1,026 947 474 3 23,900 44,215 3,685 1,843 1,701 851 31,070 2,590 1,295 1,195 598 4 28,870 53,410 4,451 2,226 2,055 1,028 37,531 3,128 1,564 1,444 722 5 33,840 62,604 5,217 2,609 2,408 1,204 43,992 3,666 1,833 1,692 846 6 38,810 71,799 5,984 2,992 2,762 1,381 50,453 4,205 2,103 1,941 971 7 43,780 80,993 6,750 3,375 3,116 1,558 56,914 4,743 2,372 2,189 1,095 8 48,750 90,188 7,516 3,758 3,469 1,735 63,375 5,282 2,641 2,438 1,219 For each add'l family member, add 4,970 9,195 767 384 354 177 6,461 539 270 249 125 Dated: April 18, 2018. Brandon Lipps, Administrator, Food and Nutrition Service.
    [FR Doc. 2018-09679 Filed 5-7-18; 8:45 am] BILLING CODE 3410-30-P
    DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service [Docket No. NRCS-2018-0002] Lick Creek Watershed, Russell, Dickenson and Wise Counties, Virginia AGENCY:

    Natural Resources Conservation Service, USDA.

    ACTION:

    Notice of intent to deauthorize federal funding.

    SUMMARY:

    Pursuant to the Watershed Protection and Flood Prevention Act of 1954 and the Natural Resources Conservation Service (NRCS) Guidelines, NRCS gives notice of the intent to deauthorize Federal funding for the Lick Creek Watershed project, Russell, Dickenson and Wise Counties, Virginia.

    DATES:

    Interested persons are invited to submit comments within 60 days of this notice being published in the Federal Register.

    ADDRESSES:

    Comments submitted in response to this notice should be sent to John Bricker, VA State Conservationist, 1606 Santa Rosa Road, Suite 209, Richmond, Virginia 23229. Telephone: (804) 287-1691 or email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    For specific questions about this notice, please contact Wade Biddix, (804) 287-1675 or [email protected]

    SUPPLEMENTARY INFORMATION:

    A determination has been made by John Bricker, NRCS State Conservationist in Virginia that the proposed works of improvement for the Lick Creek Watershed project will not be installed. The sponsoring local organizations have concurred in this determination and agree that Federal funding should be deauthorized for the project. Information regarding this determination may be obtained from John Bricker, NRCS State Conservationist in Virginia at the above address and telephone number.

    No administrative action on implementation of the proposed deauthorization will be taken until 60 days after the date of this publication in the Federal Register.

    [Catalog of Federal Domestic Assistance Program No. 10.904, Watershed Protection and Flood Prevention. Executive Order 12372 regarding State and local clearinghouse review of Federal and federally assisted programs and project is applicable] Dated: March 1, 2018. John A. Bricker, VA State Conservationist.
    [FR Doc. 2018-09677 Filed 5-7-18; 8:45 am] BILLING CODE 3410-16-P
    DEPARTMENT OF COMMERCE Census Bureau Proposed Information Collection; Comment Request; Current Population Survey, Annual Social and Economic Supplement AGENCY:

    U.S. Census Bureau, Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    To ensure consideration, written comments must be submitted on or before July 9, 2018.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW, Washington, DC 20230 (or via the internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Lisa Cheok, U.S. Census Bureau, ADDP/CPS HQ-7H136A, Washington, DC 20233-8400, (301) 763-3806 (or via the internet at [email protected]).

    SUPPLEMENTARY INFORMATION I. Abstract

    The Census Bureau plans to request clearance from the Office of Management and Budget (OMB) for the collection of data concerning the Annual Social and Economic Supplement (ASEC) to be conducted in conjunction with the February, March, and April Current Population Survey (CPS). The Census Bureau has conducted this supplement annually for more than 50 years. The Census Bureau and the Bureau of Labor Statistics sponsor this supplement. The current clearance expires December 31, 2018.

    The ASEC data collection was last redesigned in 2015. For 2019, the data collection questions and design will remain identical to the version fielded since 2015.

    Information on work experience, personal income, noncash benefits, current and previous year health insurance coverage, employer-sponsored insurance take-up, and migration is collected through the ASEC. The work experience items in the ASEC provide a unique measure of the dynamic nature of the labor force as viewed over a one-year period. These items produce statistics that show movements in and out of the labor force by measuring the number of periods of unemployment experienced by people, the number of different employers worked for during the year, the principal reasons for unemployment, and part-/full-time attachment to the labor force. We can make indirect measurements of discouraged workers and others with a casual attachment to the labor market.

    The income data from the ASEC are used by social planners, economists, government officials, and market researchers to gauge the economic well-being of the country as a whole, and selected population groups of interest. Government planners and researchers use these data to monitor and evaluate the effectiveness of various assistance programs. Market researchers use these data to identify and isolate potential customers. Social planners use these data to forecast economic conditions and to identify special groups that seem to be especially sensitive to economic fluctuations. Economists use ASEC data to determine the effects of various economic forces, such as inflation, recession, recovery, and so on, and their differential effects on various population groups.

    The ASEC is the official source of national poverty estimates calculated in accordance with the Office of Management and Budget's Statistical Policy Directive 14. Two other important national estimates derived from the ASEC are real median household income and the number and percent of individuals without health insurance coverage.

    The ASEC also contains questions related to: (1) Medical expenditures; (2) presence and cost of a mortgage on property; (3) child support payments; and (4) amount of child care assistance received. These questions enable analysts and policymakers to obtain better estimates of family and household income, and more precisely gauge poverty status.

    II. Method of Collection

    The ASEC information will be collected by both personal visit and telephone interviews in conjunction with the regular February, March and April CPS interviewing. All interviews are conducted using computer-assisted interviewing.

    III. Data

    OMB Control Number: 0607-0354.

    Form Number: There are no forms. We conduct all interviewing on computers.

    Type of Review: Regular submission.

    Affected Public: Households.

    Frequency: Annually

    Estimated Number of Respondents: 78,000.

    Estimated Time Per Response: 25 minutes.

    Estimated Total Annual Burden Hours: 32,500.

    Estimated Total Annual Cost to Public: There are no costs to the respondents other than their time.

    Respondent's Obligation: Voluntary.

    Legal Authority: Title 13, United States Code, Sections 141 and 182; and Title 29, United States Code, Sections 1-9.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer.
    [FR Doc. 2018-09762 Filed 5-7-18; 8:45 am] BILLING CODE 3510-07-P
    DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request

    The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act.

    Agency: U.S. Census Bureau.

    Title: Annual Survey of School System Finances.

    OMB Control Number: 0607-0700.

    Form Number(s): F-33, F-33-L1, F-33-L2, F-33-L3.

    Type of Request: Extension of a currently approved collection.

    Number of Respondents: 3,681.

    Average Hours per Response: 1 hour and 4 minutes.

    Burden Hours: 3,951.

    Needs and Uses: The U.S. Census Bureau, on behalf of the U.S. Department of Education's National Center for Education Statistics (NCES), requests an extension of approval for the Annual Survey of School System Finances, the source of the most comprehensive national data set on school district finances.

    The Census Bureau collects these data from the universe of school districts using uniform definitions and concepts of revenue, expenditure, debt, and assets as defined by the NCES handbook Financial Accounting for Local and State School Systems. This survey and the Annual Surveys of State and Local Government Finances (OMB No. 0607-0585) are conducted as part of the Census Bureau's State and Local Government Finance program. Through this program, the Census Bureau collects data from cities, counties, states, and special district governments as well as local school systems in order to produce state and national totals of government spending. Local school system spending comprises a significant portion of total government spending. In 2015, public elementary-secondary expenditures accounted for 34 percent of local government spending.

    This comprehensive and ongoing time series collection of local education agency finances, dating back to 1957, provides historical continuity in the state and local government statistics community. Education finance statistics provided by the Census Bureau allow for analyses of how public elementary-secondary school systems receive and spend funds and is vital for policy making. Increased focus on education has led to a demand for data reflecting student performance, graduation rates, and school finance policy—all of which are related to the collection of this local education finance data. State legislatures, local leaders, university researchers, and parents increasingly rely on data to make substantive decisions about education.

    The Bureau of Economic Analysis (BEA) uses data from the survey to develop figures for the Gross Domestic Product (GDP). Elementary-secondary education finance data items specifically contribute to the estimates for National Income and Product Accounts (NIPA), Input-Output accounts (I-O), and gross domestic investments. BEA also uses the data to assess other public fiscal spending trends and events.

    The NCES use these annual data as part of the Common Core of Data (CCD) program. The education finance data collected by the Census Bureau are the sole source of school district fiscal information for the CCD as well as for the publication of annual reports on the fiscal state of education.

    Form (F-33) covers elementary-secondary education finance items. In practice, this form serves more as a data processing guide rather than as a data collection instrument because the Census Bureau relies heavily on collecting this public school system finance data centrally from state education agencies centrally via the internet using File Transfer Protocol (FTP). Supplemental forms are sent to school systems in states where the state education agency cannot provide information on assets (F-33-L1), indebtedness (F-33-L2), or both (F-33-L3).

    The Census Bureau makes available detailed files for all school systems from its internet website, https://www.census.gov/programs-surveys/school-finances.html. That website currently contains data files and statistical tables for the 1992 through 2015 fiscal year surveys. Historical files and publications prior to 1992 are also available upon request for data users engaged in longitudinal studies. In addition to numerous academic researchers who use F-33 products, staff receive inquiries from state government officials, legislatures, public policy analysts, local school officials, non-profit organizations, and various Federal agencies.

    Affected Public: State, local or tribal government.

    Frequency: Annually.

    Respondent's Obligation: Voluntary.

    Legal Authority: Title 13 U.S.C., Sections 8(b), 161, and 182 (Census authority); Title 20 U.S.C., Sections 9543-44 (NCES authority).

    This information collection request may be viewed at www.reginfo.gov. Follow the instructions to view Department of Commerce collections currently under review by OMB.

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected] or fax to (202)395-5806.

    Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer.
    [FR Doc. 2018-09766 Filed 5-7-18; 8:45 am] BILLING CODE 3510-07-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-44-2018] Approval of Subzone Status; Brose Tuscaloosa, Inc. Vance, Alabama

    On March 6, 2018, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the City of Birmingham, grantee of FTZ 98, requesting subzone status subject to the existing activation limit of FTZ 98, on behalf of Brose Tuscaloosa, Inc., in Vance, Alabama.

    The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (83 FR 10657, March 12, 2018). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR Sec. 400.36(f)), the application to establish Subzone 98E was approved on May 1, 2018, subject to the FTZ Act and the Board's regulations, including Section 400.13, and further subject to FTZ 98's 611.80-acre activation limit.

    Dated: May 3, 2018. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2018-09758 Filed 5-7-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-39-2018] Approval of Subzone Status; CEVA Freight LLC; Mount Juliet and Lebanon, Tennessee

    On February 26, 2018, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the Metropolitan Government of Nashville and Davidson County, grantee of FTZ 78, requesting subzone status subject to the existing activation limit of FTZ 78, on behalf of CEVA Freight LLC in Mount Juliet and Lebanon, Tennessee.

    The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (83 FR 8966, March 2, 2018). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR Sec. 400.36(f)), the application to establish Subzone 78K was approved on May 2, 2018, subject to the FTZ Act and the Board's regulations, including Section 400.13, and further subject to FTZ 78's 2,000-acre activation limit.

    Dated: May 2, 2018. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2018-09753 Filed 5-7-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-6-2018] Approval of Expansion of Subzone 98D; Hyster-Yale Group, Inc.; Sulligent, Alabama

    On January 10, 2018, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the City of Birmingham, grantee of FTZ 98, requesting an expansion of Subzone 98D on behalf of Hyster-Yale Group, Inc., to include an additional site in Sulligent, Alabama. The existing subzone and the proposed site would be subject to the existing activation limit of FTZ 98.

    The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (83 FR 2424, January 17, 2018). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR Sec. 400.36(f)), the application to expand Subzone 98D was approved on May 1, 2018, subject to the FTZ Act and the Board's regulations, including Section 400.13, and further subject to FTZ 98's 611.80-acre activation limit.

    Dated: May 3, 2018. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2018-09759 Filed 5-7-18; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-055] Carton-Closing Staples From the People's Republic of China: Antidumping Duty Order AGENCY:

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

    SUMMARY:

    Based on affirmative final determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC), Commerce is issuing an antidumping duty order on carton-closing staples from the People's Republic of China (China).

    DATES:

    Applicable May 8, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Irene Gorelik, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-6905.

    SUPPLEMENTARY INFORMATION:

    Background

    In accordance with section 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on March 28, 2018, Commerce published its affirmative final determination in the less than fair value (LTFV) investigation of carton-closing staples from China.1 On April 30, 2018, the ITC notified Commerce of its final determination pursuant to section 735(b)(1)(A)(i) of the Act, that an industry in the United States is materially injured or threatened with material injury by reason of imports of carton-closing staples from China.2

    1See Carton-Closing Staples from the People's Republic of China: Final Affirmative Determination of Sales at Less Than Fair Value, 83 FR 13236 (March 28, 2018).

    2See Letter to Gary Taverman, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission, regarding carton-closing staples from China, dated April 30, 2018 (ITC Notification). See also Carton-Closing Staples from China, Inv. No. 731-TA-1359, USITC Pub. 4778, (April 2018) (Final).

    Scope of the Order

    The scope of the order is carton-closing staples. Carton-closing staples may be manufactured from carbon, alloy, or stainless steel wire, and are included in the scope of the investigation regardless of whether they are uncoated or coated, regardless of the type of coating.

    Carton-closing staples are generally made to American Society for Testing and Materials (ASTM) specification ASTM D1974/D1974M-16, but can also be made to other specifications. Regardless of specification, however, all carton-closing staples meeting the scope description are included in the scope. Carton-closing staples include stick staple products, often referred to as staple strips, and roll staple products, often referred to as coils. Stick staples are lightly cemented or lacquered together to facilitate handling and loading into stapling machines. Roll staples are taped together along their crowns. Carton-closing staples are covered regardless of whether they are imported in stick form or roll form.

    Carton-closing staples vary by the size of the wire, the width of the crown, and the length of the leg. The nominal leg length ranges from 0.4095 inch to 1.375 inches and the nominal crown width ranges from 1.125 inches to 1.375 inches. The size of the wire used in the production of carton-closing staples varies from 0.029 to 0.064 inch (nominal thickness) by 0.064 to 0.100 inch (nominal width).

    Carton-closing staples subject to this order are currently classifiable under subheadings 8305.20.00.00 and 7317.00.65.60 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS subheadings and ASTM specification are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive.

    Antidumping Duty Order

    In accordance with sections 735(b)(1)(A) and 735(d) of the Act, the ITC has notified Commerce of its final determination in this investigation, in which it found that imports of carton-closing staples from China are materially injuring or threatening material injury to a U.S. industry.3 Therefore, in accordance with sections 735(c)(2) and 736(a) of the Act, we are publishing this antidumping duty order.

    3See ITC Notification.

    As a result of the ITC's final determination, in accordance with section 736(a)(1) of the Act, Commerce will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by Commerce, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of carton-closing staples from China. These antidumping duties will be assessed on unliquidated entries from China entered, or withdrawn from warehouse, for consumption on or after November 3, 2017, the date on which Commerce published the Preliminary Determination, 4 but will not include entries occurring after the expiration of the provisional measures period and before publication of the ITC's final injury determination, as further described below.

    4See Carton-Closing Staples from the People's Republic of China: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Extension of Provisional Measures, 82 FR 51213 (November 3, 2017) (Preliminary Determination).

    Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to continue to suspend liquidation on entries of subject merchandise from China. We will also instruct CBP to require cash deposits equal to the estimated amount by which the normal value exceeds the U.S. price as indicated in the chart below. These instructions suspending liquidation will remain in effect until further notice.

    Accordingly, effective on the date of publication of the ITC's final affirmative injury determination, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated antidumping duty margin as discussed above.5 The “China-wide” rate applies to all exporters of subject merchandise not specifically listed in the table below.

    5See section 736(a)(3) of the Act.

    Provisional Measures

    Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request Commerce to extend that four-month period to no more than six months. At the request of the exporters that account for a significant portion of carton-closing staples from China, we extended the four-month period to six months in the Preliminary Determination dated November 3, 2017.6 Therefore, the extended period beginning on November 3, 2017, the date of publication of the Preliminary Determination, ended May 1, 2018. Furthermore, section 737(b) of the Act states that definitive duties are to begin on the date of publication of the ITC's final injury determination.

    6See Preliminary Determination, 82 FR at 51215.

    Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of carton-closing staples from China entered, or withdrawn from warehouse, for consumption on or after May 2, 2018, the day after which the provisional measures expired, until and through the day preceding the date of publication of the ITC's final injury determinations in the Federal Register. Suspension of liquidation will resume on the date of publication of the ITC's final determination in the Federal Register.

    Estimated Dumping Margin

    Commerce determines that the estimated final dumping margins are as follows:

    Producer Exporter Margin
  • (percent)
  • Yueda Group: Shanghai Yueda Nails Co., Ltd., or Qiushan Printing Machinery Co., Ltd. Yueda Group: Shanghai Yueda Nails Co., Ltd., or Fastnail Products Limited, or Wuhan FOPO Trading Co., Ltd., or China Dinghao Co., Limited 263.40 Hangzhou Huayu Machinery Co., Ltd Hangzhou Huayu Machinery Co., Ltd 115.65 The Stanley Works (Langfang) Fastening Systems Co., Ltd The Stanley Works (Langfang) Fastening Systems Co., Ltd 115.65 China-Wide Entity 263.40
    Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to carton-closing staples from China, pursuant to section 736(a) of the Act. Interested parties may contact Commerce's Central Records Unit, Room B8024 of the main Commerce building, for copies of an updated list of antidumping duty orders currently in effect.

    This order is issued and published in accordance with sections 736(a) of the Act and 19 CFR 351.211(b).

    Dated: May 2, 2018. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2018-09754 Filed 5-4-18; 4:15 pm] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG211 New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of public hearings.

    SUMMARY:

    The New England Fishery Management Council (Council) will hold six public hearings and one webinar to solicit Public comments on Draft Amendment 8 to the Atlantic Herring Fishery Management Plan (FMP).

    DATES:

    Written Public comments must be received on or before 5 p.m. EST, June 25, 2018. The meetings will be held between May 22 and June 20, 2018. For specific dates and times, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The hearing documents are accessible electronically via the internet https://www.nefmc.org/library/amendment-8-2 or by request to Thomas A. Nies, Executive Director. New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950; telephone: (978) 465-0492.

    Meeting addresses: The meetings will be held in Narragansett, RI; Rockport, ME; Gloucester, MA; Philadelphia, PA; Portland, ME and Chatham, MA. For specific locations, see SUPPLEMENTARY INFORMATION.

    Public comments: Mail to NEFMC, New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. Mark the outside of the envelope “DEIS for Amendment 8 to the Atlantic Herring FMP”. Comments may also be sent via fax to 978-465-3116 or submitted via email to [email protected] with “DEIS for Amendment 8 to the Atlantic Herring FMP” in the subject line.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    SUPPLEMENTARY INFORMATION:

    Agenda

    The agenda for the following six hearings is as follows: NEMFC staff will brief the public on the herring amendments and the contents of the DEIS prior to opening the hearing for public comments and the schedule is as follows:

    Public Hearings: Locations, Schedules, and Agendas

    1. Tuesday, May 22, 2018 from 6-8 p.m.; University of Rhode Island, 215 S. Ferry Road, Narragansett, RI 02882; phone: (401) 423-1943.

    2. Thursday, May 24, 2018 from 6-8 p.m.; Samoset Hotel, 220 Warrenton Street, Rockport, ME 04856; phone: (207) 594-2511.

    3. Wednesday, May 30, 2018 from 6-8 p.m.; Beauport Hotel; 55 Commercial Street, Gloucester, MA; phone: (978) 282-0008.

    4. Tuesday, June 5, 2018 from 4-5 p.m.; DoubleTree by Hilton, 237 South Broad Street, Philadelphia, PA 19107; phone: (215) 893-1600.

    5. Tuesday, June 12, 2018 from 4-6 p.m.; Holiday Inn By the Bay, 88 Spring Street, Portland, ME 04101; phone: (207) 775-2311.

    6. Tuesday, June 19, 2018 from 6-8 p.m.; Chatham Community Center, 702 Main Street, Chatham, MA 02633; phone: (508) 945-5159.

    7. Wednesday, June 20, 2018 from 2-4 p.m.—Webinar Registration— https://attendee.gotowebinar.com/register/6985865165132506115.

    Call in information: (415) 930-5321; Access Code: 346-818-026.

    Additional information on the review is available on the Council website, www.nefmc.org. The public also should be aware that the hearings will be recorded. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request.

    Special Accommodations

    These meetings are physically accessible to people with disabilities. 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: May 3, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-09795 Filed 5-7-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG214 Western Pacific Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice of a public meeting and hearing.

    SUMMARY:

    The Western Pacific Fishery Management Council (Council) will hold a meeting of its Hawaii Archipelago Fishery Ecosystem Plan (FEP), American Samoa Archipelago FEP, and Mariana Archipelago FEP Advisory Panels (AP) to discuss and make recommendations on fishery management issues in the Western Pacific Region.

    DATES:

    All APs will meet on Thursday, May 24, 2018, with the Hawaii Archipelago AP meeting from 9 a.m. to 11 a.m.; The American Samoa Archipelago FEP AP from 4:30 p.m. to 6:30 p.m.; The Guam Mariana Archipelago FEP AP meeting from 6 p.m. to 7:30 p.m.; and the Commonwealth of the Northern Mariana Islands (CNMI) Mariana Archipelago FEP AP meeting from 6 p.m. to 8 p.m. All times listed are local island times. For specific times and agendas, see SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The Hawaii Archipelago FEP AP will meet at the Council Office, 1164 Bishop St., Suite 1400, Honolulu, HI 96813 and by teleconference. The teleconference will be conducted by telephone. The teleconference numbers are: U.S. toll-free: 1-888-482-3560 or International Access: +1 647 723-3959, and Access Code: 5228220; The American Samoa Archipelago FEP AP will meet at the Pacific Petroleum Conference Room, Utulei Village, American Samoa, 96799; The Guam Mariana Archipelago FEP AP will meet at the Guam Fishermen's Cooperative Association Lanai, Hagatna, Guam, 96913; and The CNMI Mariana Archipelago FEP AP will meet at the Micronesian Environmental Services Conference Room, Garapan, Saipan, CNMI, 96950.

    FOR FURTHER INFORMATION CONTACT:

    Kitty M. Simonds, Executive Director, Western Pacific Fishery Management Council; telephone: (808) 522-8220.

    SUPPLEMENTARY INFORMATION:

    Public comment periods will be provided in the agenda. The order in which agenda items are addressed may change. The meetings will run as late as necessary to complete scheduled business.

    Schedule and Agenda for the Hawaii Archipelago FEP AP Meeting Thursday, May 24, 2018, 9 a.m.-11 a.m. 1. Welcome and Introductions 2. Report on Previous AP Recommendations 3. Council Issues A. Action Items i. Main Hawaiian Islands Bottomfish Annual Catch Limits (ACLs) ii. Options for an Aquaculture Management Program iii. Hawaii Longline Shallow-set Fishery Hard Cap Options iv. Framework for Managing Sea Turtle Interactions in the Hawaii Shallow-set Longline Fishery v. Ecosystem Component Species Classification vi. Evaluation of 2017 Catch to the 2017 ACLs B. Other Items i. Draft 2017 Annual Stock Assessment and Fishery Evaluation (SAFE) Reports ii. Comments on List of Gears by Fisheries iii. Council Research Priorities a. Five-year Research Plan b. Cooperative Research c. Pelagic Fisheries Research Plan d. Management Strategy Evaluation (MSE) Priorities 4. Hawaii FEP AP Issues A. Report of the Subpanels i. Island Fisheries Subpanel ii. Pelagic Fisheries Subpanel iii. Ecosystems and Habitat Subpanel iv. Indigenous Fishing Rights Subpanel B. Other Issues 5. Public Comment 6. Discussion and Recommendations 7. Other Business Schedule and Agenda for the American Samoa Archipelago FEP AP Meeting Thursday, May 24, 2018, 4:30 p.m.-6:30 p.m. 1. Welcome and Introductions 2. Report on Previous AP Recommendations 3. Council Issues A. Action Items i. American Samoa Marine Conservation Plan ii. Options for an Aquaculture Management Program iii. American Samoa Large Vessel Prohibited Area iv. Modification to U.S. Participating Territory Catch and Effort Limit Amendment 7 Framework v. Ecosystem Component Species Classification vi. Evaluation of 2017 Catch to the 2017 ACLs B. Other Items i. Draft 2017 Annual SAFE Reports ii. Comments on List of Gears by Fisheries iii. Council Research Priorities a. Five-year Research Plan b. Cooperative Research c. Pelagic Fisheries Research Plan d. MSE Priorities 4. American Samoa FEP AP Issues A. Report of the Subpanels i. Island Fisheries Subpanel ii. Pelagic Fisheries Subpanel iii. Ecosystems and Habitat Subpanel iv. Indigenous Fishing Rights Subpanel B. Other Issues 5. Public Comment 6. Discussion and Recommendations 7. Other Business Schedule and Agenda for the Guam Mariana Archipelago FEP AP Meeting Thursday, May 24, 2018, 6 p.m.-7:30 p.m. 1. Welcome and Introductions 2. Report on Previous AP Recommendations 3. Council Issues A. Action Items i. Modification to U.S. Participating Territory Catch and Effort Limit Amendment 7 Framework ii. Options for an Aquaculture Management Program iii. Ecosystem Component Species Classification iv. Evaluation of 2017 Catch to the 2017 ACLs B. Other Items i. Draft 2017 Annual SAFE Reports ii. Comments on List of Gears by Fisheries iii. Council Research Priorities a. Five-year Research Plan b. Cooperative Research c. Pelagic Fisheries Research Plan d. MSE Priorities 4. Guam Mariana FEP AP Issues A. Report of the Subpanels i. Island Fisheries Subpanel ii. Pelagic Fisheries Subpanel iii. Ecosystems and Habitat Subpanel iv. Indigenous Fishing Rights Subpanel B. Other Issues 5. Public Comment 6. Discussion and Recommendations 7. Other Business Schedule and Agenda for the CNMI Mariana Archipelago FEP AP Meeting Thursday, May 24, 2018, 6 p.m.-8 p.m. 1. Welcome and Introductions 2. Report on Previous AP Recommendations 3. Council Issues A. Action Items i. Modification to U.S. Participating Territory Catch and Effort Limit Amendment 7 Framework ii. Options for an Aquaculture Management Program iii. Ecosystem Component Species Classification iv. Evaluation of 2017 Catch to the 2017 ACLs B. Other Items i. Draft 2017 Annual SAFE Reports ii. Comments on List of Gears by Fisheries iii. Council Research Priorities a. Five-year Research Plan b. Cooperative Research c. Pelagic Fisheries Research Plan d. MSE Priorities

    4. CNMI Mariana FEP AP Issues

    A. Report of the Subpanels i. Island Fisheries Subpanel ii. Pelagic Fisheries Subpanel iii. Ecosystems and Habitat Subpanel iv. Indigenous Fishing Rights Subpanel B. Other Issues 5. Public Comment 6. Discussion and Recommendations 7. Other Business 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: May 3, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-09797 Filed 5-7-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG215 Fisheries of the Caribbean; 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 57 Data Webinar for Caribbean spiny lobster.

    SUMMARY:

    The SEDAR 57 stock assessment process for Caribbean spiny lobster will consist of a Data Workshop, a series of data and assessment webinars, and a Review Workshop. See SUPPLEMENTARY INFORMATION.

    DATES:

    The SEDAR 57 Data Webinar will be held May 23, 2018, from 1 p.m. to 2 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: May 3, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-09798 Filed 5-7-18; 8:45 am] BILLING CODE 3510-11-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG223 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 meetings of the South Atlantic Fishery Management Council's Citizen Science Advisory Panel Action Teams.

    SUMMARY:

    The South Atlantic Fishery Management Council (Council) will hold meetings of the following Citizen Science Advisory Panel Action Teams: Volunteers; Data Management; Projects/Topics Management; and Communication/Outreach/Education via webinar.

    DATES:

    The Volunteers Team meeting will be held on Wednesday, May 30, 2018 at 10 a.m.; Data Management Team on Monday, June 4, 2018 at 10 a.m.; Projects/Topics Management Team on Wednesday, June 6, 2018 at 1 p.m.; and Communication/Outreach/Education Team on Friday, June 8, 2018 at 10 a.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: May 3, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-09799 Filed 5-7-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XG 212 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 Habitat Committee 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 Tuesday, May 22, 2018 at 9 a.m.

    ADDRESSES:

    The meeting will be held at the Hotel Providence, 139 Mathewson Street, Providence, RI 02903; Phone: (401) 861-8000.

    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 Committee will recommend alternatives for further analysis in the clam dredge framework, based on tasking motions from the April 26 meeting. They will also develop Council comments to the Bureau of Ocean Energy Management in response to two offshore wind-related notices, New York Bight call for information and Massachusetts lease sale. Discuss other business as needed.

    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. 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. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: May 3, 2018. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2018-09796 Filed 5-7-18; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF DEFENSE Office of the Secretary Charter Renewal of Department of Defense Federal Advisory Committees AGENCY:

    Department of Defense.

    ACTION:

    Renewal of Federal Advisory Committee.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that it is renewing the charter for the Air University Board of Visitors (“the Board”).

    FOR FURTHER INFORMATION CONTACT:

    Jim Freeman, Advisory Committee Management Officer for the Department of Defense, 703-692-5952.

    SUPPLEMENTARY INFORMATION:

    The Board's charter is being renewed in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended) and 41 CFR 102-3.50(d). The Board's charter and contact information for the Board's Designated Federal Officer (DFO) can be found at http://www.facadatabase.gov/.

    The Board provides the Secretary of Defense and the Deputy Secretary of Defense, through the Secretary of the Air Force, independent advice and recommendations on educational, doctrinal, and research policies and activities of Air University.

    The Board is composed of no more than 15 members who are eminent authorities in the fields of air power, defense, management, leadership, and academia, to include the President of the Naval Postgraduate School. All members of the Board are appointed to provide advice on behalf of the Government on the basis of their best judgment without representing any particular point of view and in a manner that is free from conflict of interest. Except for reimbursement of official Board-related travel and per diem, Board members serve without compensation. The public or interested organizations may submit written statements to the Board membership about the Board's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Board. All written statements shall be submitted to the DFO for the Board, and this individual will ensure that the written statements are provided to the membership for their consideration.

    Dated: May 3, 2018. Shelly E. Finke, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2018-09752 Filed 5-7-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Department of Defense Military Family Readiness Council; Notice of Federal Advisory Committee Meeting AGENCY:

    Under Secretary of Defense for Personnel and Readiness, Department of Defense Military Family Readiness Council, Department of Defense.

    ACTION:

    Notice of Federal Advisory Committee meeting.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that the following Federal Advisory Committee meeting of the Department of Defense Military Family Readiness Council will take place.

    DATES:

    Open to the public Wednesday, June 6, 2018 from 1 p.m. to 3:00 p.m.

    ADDRESSES:

    1155 Defense Pentagon PLC2 Pentagon Library and Conference Center, Room B6, Washington, DC 20301.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Randy Eltringham, (571) 372-5315 (Voice), (571) 372-0884 (Facsimile), OSD Pentagon OUSD P-R Mailbox Family Readiness Council, [email protected] (Email). Mailing address is Office of the Deputy Assistant Secretary of Defense (Military Community & Family Policy), Office of Family Readiness Policy, 4800 Mark Center Drive, Alexandria, VA 22350-2300, Room 3G15. Website: https://www.militaryonesource.mil/web/mos/military-family-readiness-council. The most up-to-date changes to the meeting agenda can be found on the website.

    SUPPLEMENTARY INFORMATION:

    This meeting is being held under the provisions of the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.140 and 102-3.150.

    Purpose of the Meeting: The Department of Defense (DoD) is publishing this notice to announce that the following Federal Advisory Committee meeting of the Department of Defense Military Family Readiness Council will take place. This meeting is not a Town Hall meeting. It is open to the public for the purpose of observing Council proceedings, deliberations and voting.

    Agenda: Opening Remarks, Administrative Announcements, Review of Written Public Submissions, Presentation and Voting on FY2018 Recommendations, Presentation and Voting on Focus Area Topics for Review During FY2019, and Closing Remarks. Note: Exact order may vary.

    Meeting Accessibility: This meeting is open to the public. Members of the public who are interested in attending this meeting must RSVP online to [email protected] no less than 5 business days prior to the meeting. Meeting attendee RSVPs should indicate if an escort is needed to the meeting location (non-CAC Card holders need an escort) and if handicapped accessible transportation is needed. Effective April 2, 2018, all visitors to the Pentagon must pre-register prior to entering the building. A full description of Pentagon pre-registration process requirements is posted on the Military Family Readiness Council web page for review and planning purposes. Please follow these instructions carefully. Otherwise, members of the public may be denied access to the Pentagon on the day of the meeting. Members of the public who are approved for Pentagon access should arrive at the Pentagon Visitors Center waiting area (Pentagon Metro Entrance) no later than 12:00 p.m. on the day of the meeting to allow time to pass through security check points and be escorted to the meeting location.

    Written Statements: Persons interested in providing a written statement for review and consideration by Council members attending the June 6, 2018 meeting must do so no later than close of business Tuesday, May 22, 2018, through the Council mailbox at [email protected] Written statements received after this date will be provided to Council members in preparation for the first meeting of FY2019. The Designated Federal Officer (DFO) will review all timely submissions and ensure submitted written statements are provided to Council members two weeks prior to the meeting that is subject to this notice. Written statements must not be longer than two type-written pages and should address the following details: Issue or concern, discussion, and a recommended course of action. Those who make submissions are requested to avoid including personal identifiable information (PII) such as names of adults and children, phone numbers, addresses, Social Security numbers and other contact information within the body of the written statement. Links or supporting documentation may also be included, if necessary, to provide brief appropriate historical context and background information.

    Dated: May 2, 2018. Shelly E. Finke, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2018-09688 Filed 5-7-18; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2018-ICCD-0055] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Demonstration Grants for Indian Children Application (1894-0001) AGENCY:

    Department of Education (ED), Office of Elementary and Secondary Education (OESE)

    ACTION:

    Notice

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension of an existing information collection.

    DATES:

    Interested persons are invited to submit comments on or before June 7, 2018.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2018-ICCD-0055. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW, LBJ, Room 216-32, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Amalia Cuervo, 202-453-5612.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Demonstration Grants for Indian Children Application (1894-0001).

    OMB Control Number: 1810-0722.

    Type of Review: An extension of an existing information collection.

    Respondents/Affected Public: State, Local, and Tribal Governments.

    Total Estimated Number of Annual Responses: 100.

    Total Estimated Number of Annual Burden Hours: 4,000.

    Abstract: The Office of Indian Education (OIE) of the Department of Education (ED) requests extension of the clearance for the Indian Education Demonstration Grant Application authorized under Title VI, Part A, of the Elementary and Secondary Education Act, as amended by the Every Student Succeeds Act. The Demonstration (CFDA 84.299A) program is a competitive discretionary grant program. The grantee applications submitted for this program are evaluated on the basis of how well an applicant addresses the selection criteria, and are used to determine applicant eligibility and amount of award for projects selected for funding.

    The selection criteria used for the Demonstration Grant program include general selection criteria from 34 CFR 75.210 and selection criteria based on regulatory requirements in 34 CFR part 263, in accordance with 34 CFR 75.209(a).

    Eligible applicants submit the information to describe the project for which funding is requested. The information provided by the applicant addresses the selection criteria for the program. The application is evaluated through a peer review process and an application's score is used to determine its ranking and selection for funding.

    Dated: May 3, 2018. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2018-09761 Filed 5-7-18; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. NJ18-13-000] Oncor Electric Delivery Company LLC; Notice of Filing

    Take notice that on April 25, 2018, Oncor Electric Delivery Company LLC submitted its tariff filing: Oncor Tex-La Tariff Rate Changes to be effective 3/27/2018.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the eLibrary link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on May 16, 2018.

    Dated: May 2, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-09716 Filed 5-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP12-609-000.

    Applicants: Texas Gas Transmission, LLC.

    Description: Report Filing: 2017 Operational Purchases and Sales Report.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5011.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP13-212-000.

    Applicants: Boardwalk Storage Company, LLC.

    Description: Report Filing: 2017 Operational Purchases and Sales Report.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5012.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP13-584-006.

    Applicants: Columbia Gas Transmission, LLC.

    Description: Compliance filing Revenue Sharing Report 2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5013.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-763-000.

    Applicants: Gulf Crossing Pipeline Company LLC.

    Description: § 4(d) Rate Filing: Amendment to Neg Rate Agmt (BP 37-27) to be effective 5/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5006.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-764-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: § 4(d) Rate Filing: Cap Rel Neg Rate Agmts (Atlanta 8438 to various eff 5-1-2018) to be effective 5/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5005.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-766-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: § 4(d) Rate Filing: Cap Rel Neg Rate Agmts (Southern 41616, 41617 to Emera 49472, 49471) to be effective 5/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5007.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-767-000.

    Applicants: Texas Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Cap Rel Neg Rate Agmts (RE Gas to BP 37151, 37152 eff 5-1-2018) to be effective 5/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5014.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-768-000.

    Applicants: Equitrans, L.P.

    Description: § 4(d) Rate Filing: Negotiated Capacity Release Agreements—5/1/2018 to be effective 5/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5015.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-769-000.

    Applicants: Gulf South Pipeline Company, LP.

    Description: § 4(d) Rate Filing: Cap Rel Neg Rate Agmts (Petrohawk 41455 releases eff 5-1-2018) to be effective 5/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5026.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-770-000.

    Applicants: Gulf Crossing Pipeline Company LLC.

    Description: § 4(d) Rate Filing: Cap Rel Neg Rate Agmts (Newfield 18 releases eff 5-1-2018) to be effective 5/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5033.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-772-000.

    Applicants: Eastern Shore Natural Gas Company.

    Description: § 4(d) Rate Filing: Baseline Tariff to be effective 5/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5285.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-773-000.

    Applicants: Eastern Shore Natural Gas Company.

    Description: Tariff Cancellation: Cancellation of FERC Gas Tariff, Third Revised Volume No. 1 to be effective 5/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5299.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-774-000.

    Applicants: Gulfstream Natural Gas System, L.L.C.

    Description: § 4(d) Rate Filing: 2018 GNGS TUP/SBA Filing to be effective 6/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5301.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-775-000.

    Applicants: Southeast Supply Header, LLC.

    Description: § 4(d) Rate Filing: 2018 SESH TUP/SBA Annual Filing to be effective 6/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5305.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-776-000.

    Applicants: Sabal Trail Transmission, LLC.

    Description: § 4(d) Rate Filing: 2018 Initial TUP/SBA Filing to be effective 6/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5306.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-777-000.

    Applicants: Great Lakes Gas Transmission Limited Partnership.

    Description: § 4(d) Rate Filing: Implementation of TC Plus to be effective 6/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5315.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-779-000.

    Applicants: Enable Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rate Filing—June 2018 Great Salt Plains 1010446 to be effective 6/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5347.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-780-000.

    Applicants: Northern Natural Gas Company.

    Description: § 4(d) Rate Filing: 20180501 Negotiated Rate to be effective 5/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5348.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-781-000.

    Applicants: East Cheyenne Gas Storage, LLC.

    Description: Compliance filing ECGS 2018 Operational Purchase & Sales.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5364.

    Comments Due: 5 p.m. ET 5/14/18.

    Docket Numbers: RP18-782-000.

    Applicants: Panther Interstate Pipeline Energy, LLC.

    Description: Tariff Cancellation: PIPE Tariff Cancellation Filing to be effective 6/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5365.

    Comments Due: 5 p.m. ET 5/14/18.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: May 2, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-09750 Filed 5-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP18-6-000] RH energytrans, LLC; Notice of Schedule for Environmental Review of the Risberg Line Project

    On October 16, 2017, RH energytrans, LLC filed an application in Docket No. CP18-6-000 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 pipeline facilities. The proposed project is known as the Risberg Line Project (Project), and would deliver up to 55,000 dekatherms per day of firm natural gas transportation service to Dominion Energy Ohio and other prospective customers.

    On October 26, 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—June 29, 2018 90-Day Federal Authorization Decision Deadline—September 27, 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

    RH energytrans, LLC's Risberg Line Project would involve modification and recertification of existing facilities and installation of new facilities. Activities associated with the modification and the recertification of existing facilities would include:

    • Modifications at the existing County Line Compressor Station in Erie County, Pennsylvania;

    • conversion of an existing 26.6-mile-long, 12-inch-diameter gathering pipeline to natural gas transmission service in Crawford and Erie Counties, Pennsylvania; and

    • conversion of an existing 5.0-mile-long, 8-inch-diameter gathering pipeline to natural gas transmission service in Erie County, Pennsylvania.

    New facilities that RH energytrans, LLC proposes to construct include:

    • Meadville Compressor Station in Crawford County, Pennsylvania, including one 728 horsepower natural gas-fired reciprocating compressor unit;

    • 650-foot-long, 12-inch-diameter lateral pipeline within the existing 12-inch-diameter gathering pipeline right-of-way;

    • 28.3-mile-long, 12-inch-diameter pipeline in Erie County, Pennsylvania and Ashtabula County, Ohio (Risberg Pipeline); and

    • North Kingsville Meter Station in Ashtabula County, Ohio.

    Background

    On November 21, 2017, the Commission issued a Notice of Intent to Prepare an Environmental Assessment for the Proposed Risberg Line 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. In response to the NOI, the Commission received comments from the U.S. Fish and Wildlife Service, Ohio Department of Natural Resources, and 29 individuals. A number of individuals submitted more than one comment. The comments included a variety of topics such as water resources, wetlands, vegetation, wildlife, land use, recreation, and socioeconomics, air quality and noise, reliability and safety, and alternatives.

    The U.S. Army Corps of Engineers and Pennsylvania Fish and Boat Commission are cooperating agencies in the preparation of the EA.

    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., CP18-6-000), 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: May 1, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-09712 Filed 5-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER18-1163-001.

    Applicants: Avista Corporation.

    Description: Tariff Amendment: Avista Corporation Amendment to correct e-Tariff Viewer ER18-1163 to be effective 4/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5366.

    Comments Due: 5 p.m. ET 5/22/18.

    Docket Numbers: ER18-1494-000.

    Applicants: Interstate Power and Light Company.

    Description: § 205(d) Rate Filing: Amendment to IPL Wholesale Formula Rate Changes to be effective 5/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5322.

    Comments Due: 5 p.m. ET 5/22/18.

    Docket Numbers: ER18-1495-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: First Revised ISA SA No. 2987; Queue No. AC1-073 to be effective 4/4/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5335.

    Comments Due: 5 p.m. ET 5/22/18.

    Docket Numbers: ER18-1496-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original ISA, SA No. 5068; Queue No. AB1-081 to be effective 4/13/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5349.

    Comments Due: 5 p.m. ET 5/22/18.

    Docket Numbers: ER18-1497-000.

    Applicants: Tucson Electric Power Company.

    Description: § 205(d) Rate Filing: Service Agreement for Network Integration Transmission Service—TRICO to be effective 5/1/2018.

    Filed Date: 5/2/18.

    Accession Number: 20180502-5000.

    Comments Due: 5 p.m. ET 5/23/18.

    Docket Numbers: ER18-1498-000.

    Applicants: Entergy Arkansas, Inc.

    Description: § 205(d) Rate Filing: EAI et al Unit Power Sales and Designated Power Purchase Tariff Amendment to be effective 7/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5368.

    Comments Due: 5 p.m. ET 5/22/18.

    Docket Numbers: ER18-1499-000.

    Applicants: PacifiCorp.

    Description: § 205(d) Rate Filing: SRP Construct Agmt for Cove Fort Meter to be effective 7/2/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5379.

    Comments Due: 5 p.m. ET 5/22/18.

    Docket Numbers: ER18-1500-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 2825R5 KMEA and Westar Energy Meter Agent Agreement to be effective 6/1/2018.

    Filed Date: 5/1/18.

    Accession Number: 20180501-5405.

    Comments Due: 5 p.m. ET 5/22/18.

    Docket Numbers: ER18-1501-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 2450R2 KEPCO NITSA NOA to be effective 6/1/2018.

    Filed Date: 5/2/18.

    Accession Number: 20180502-5038.

    Comments Due: 5 p.m. ET 5/23/18.

    Docket Numbers: ER18-1502-000.

    Applicants: Public Service Company of Colorado.

    Description: § 205(d) Rate Filing: PSCo-BLDR-T-2018-1-Spec Study-486-0.0.0 to be effective 5/3/2018.

    Filed Date: 5/2/18.

    Accession Number: 20180502-5039.

    Comments Due: 5 p.m. ET 5/23/18.

    Docket Numbers: ER18-1503-000.

    Applicants: International Transmission Company.

    Description: § 205(d) Rate Filing: CIAC Agreement with DTE Electric Company to be effective 7/2/2018.

    Filed Date: 5/2/18.

    Accession Number: 20180502-5043.

    Comments Due: 5 p.m. ET 5/23/18.

    Docket Numbers: ER18-1504-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 2451R3 KEPCO NITSA NOA to be effective 6/1/2018.

    Filed Date: 5/2/18.

    Accession Number: 20180502-5049.

    Comments Due: 5 p.m. ET 5/23/18.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: May 2, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-09748 Filed 5-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP18-46-000] Adelphia Gateway, LLC; Notice of Intent to Prepare an Environmental Assessment for the Proposed Adelphia Gateway Project, Request for Comments on Environmental Issues, and Notice of Public Scoping Sessions

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment (EA) that will discuss the environmental impacts of the Adelphia Gateway Project involving construction and operation of facilities by Adelphia Gateway, LLC (Adelphia) in Delaware, Bucks, Chester, Montgomery, and Northampton Counties, Pennsylvania, and New Castle County, Delaware. The Commission will use this EA in its decision-making process to determine whether the project is in the public convenience and necessity.

    This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the project. You can make a difference by providing us with your specific comments or concerns about the project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. Your input will help the Commission staff determine what issues they need to evaluate in the EA. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington, DC on or before 5:00 p.m. Eastern Time on June 1, 2018.

    If you sent comments on this project to the Commission before the opening of this docket on January 11, 2018, you will need to file those comments in Docket No. CP18-46-000 to ensure they are considered as part of this proceeding.

    This notice is being sent to the Commission's current environmental mailing list for this project. State and local government representatives should notify their constituents of this proposed project and encourage them to comment on their areas of concern.

    If you are a landowner receiving this notice, a pipeline company representative may contact you about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The company would seek to negotiate a mutually acceptable agreement. However, if the Commission approves the project, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings where compensation would be determined in accordance with state law.

    Adelphia provided landowners with a fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is also available for viewing on the FERC website (www.ferc.gov).

    Public Participation

    For your convenience, there are four methods you can use to submit your comments to the Commission. The Commission will provide equal consideration to all comments received, whether filed in written form or provided verbally. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected] Please carefully follow these instructions so that your comments are properly recorded.

    (1) You can file your comments electronically using the eComment feature on the Commission's website (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can file your comments electronically by using the eFiling feature on the Commission's website (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on eRegister. If you are filing a comment on a particular project, please select “Comment on a Filing” as the filing type;

    (3) You can file a paper copy of your comments by mailing them to the following address. Be sure to reference the project docket number (CP18-46-000) with your submission: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426.

    (4) In lieu of sending written or electronic comments, the Commission invites you to attend one of the public scoping sessions its staff will conduct in the project area, scheduled as follows:

    Date and time Location Wednesday, May 30, 2018, 5:00-9:00 p.m Homewood Suites by Hilton, Allentown Bethlehem Center Valley, 3350 Center Valley Parkway, Center Valley, PA 18034, (610) 351-6400. Thursday, May 31, 2018, 5:00-9:00 p.m Clarion Hotel Philadelphia Airport, 76 Industrial Highway, Route 291, Essington, PA 19029, (610) 521-9600.

    The primary goal of these scoping sessions is to have you identify the specific environmental issues and concerns that should be considered in the EA to be prepared for this project. Individual verbal comments will be taken on a one-on-one basis with a court reporter. This format is designed to receive the maximum amount of verbal comments, in a convenient way during the timeframe allotted.

    Each scoping session is scheduled from 5:00 p.m. to 9:00 p.m. Eastern Time. You may arrive at any time after 5:00 p.m. There will not be a formal presentation by Commission staff when the session opens. If you wish to speak, the Commission staff will hand out numbers in the order of your arrival. Comments will be taken until 9:00 p.m. However, if no additional numbers have been handed out and all individuals who wish to provide comments have had an opportunity to do so, staff may conclude the session at 8:00 p.m. Please see appendix 1 for additional information on the session format and conduct.1

    1 The appendices referenced in this notice will not appear in the Federal Register. Copies of the appendices were sent to all those receiving this notice in the mail and are available at www.ferc.gov using the link called “eLibrary” or from the Commission's Public Reference Room, 888 First Street NE, Washington, DC 20426, or call (202) 502-8371. For instructions on connecting to eLibrary, refer to the last page of this notice. Public Reference Room, 888 First Street NE, Washington, DC 20426, or call (202) 502-8371. For instructions on connecting to eLibrary, refer to the last page of this notice.

    Your scoping comments will be recorded by the court reporter (with FERC staff or representative present) and become part of the public record for this proceeding. Transcripts will be publicly available on FERC's eLibrary system (see below for instructions on using eLibrary). If a significant number of people are interested in providing verbal comments in the one-on-one settings, a time limit of 5 minutes may be implemented for each commenter.

    It is important to note that verbal comments hold the same weight as written or electronically submitted comments. Although there will not be a formal presentation, Commission staff will be available throughout the comment session to answer your questions about the environmental review process.

    Please note this is not your only public input opportunity; please refer to the review process flow chart in appendix 2.

    Summary of the Proposed Project

    Adelphia proposes to acquire and convert an existing oil pipeline and an existing dual-phase oil and natural gas pipeline to natural gas only, and construct and operate new natural gas pipelines, compressor stations, meter stations, and appurtenant facilities in Delaware, Bucks, Chester, Montgomery, and Northampton Counties, Pennsylvania, and New Castle County, Delaware. The Adelphia Gateway Project would provide about 175 million standard cubic feet of natural gas per day to the greater Philadelphia industrial region with potential to serve additional markets in the northeast.

    Specifically, the Adelphia Gateway Project would consist of the construction of the following facilities:

    • One new 5,625 horsepower (hp) compressor station in Delaware County, Pennsylvania (Marcus Hook Compressor Station);

    • one new 5,625 hp compressor station in Bucks County, Pennsylvania (Quakertown Compressor Station);

    • 0.25 mile of new 16-inch-diameter pipeline lateral in Delaware County, Pennsylvania and New Castle County, Delaware (Parkway Lateral);

    • 4.5 miles of new 16-inch-diameter pipeline lateral in Delaware County, Pennsylvania (Tilghman Lateral);

    • one new interconnect each in Montgomery County and Bucks County, Pennsylvania;

    • three new interconnects in New Castle County, Delaware;

    • three new interconnects in Delaware County, Pennsylvania;

    • eight new blowdown assemblies (one in Delaware County, two in Montgomery County, and five in Chester County, Pennsylvania);

    • one new mainline valve in Delaware County, Pennsylvania; and

    • one temporary wareyard in Delaware County, Pennsylvania.

    Additionally, the Adelphia Gateway Project would require the acquisition and use of the following existing facilities:

    • 4.4 miles of existing 20-inch-diameter natural gas pipeline in Northampton County, Pennsylvania;

    • 84 miles of existing 18-inch-diameter pipeline (the northern 34-mile segment was used to transport oil and natural gas, and the southern 50-mile segment was used to transport fuel oil); and

    • four existing meter stations in Bucks, Delaware, and Northampton Counties, Pennsylvania.

    The general location of the project facilities is shown in appendix 3.

    Land Requirements for Construction

    Construction of the proposed facilities would disturb about 42 acres of land for the proposed aboveground facilities and the pipelines. Following construction, Adelphia would maintain about 9 acres for permanent operation of the project's facilities; the remaining acreage would be restored and would revert to former uses. The majority of the proposed right-of-way for the pipelines are collocated with existing roads, power lines, and other pipeline rights-of-way.

    The EA Process

    The National Environmental Policy Act (NEPA) requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us 2 to discover and address concerns the public may have about proposals. This process is referred to as scoping. The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this notice, the Commission requests public comments on the scope of the issues to address in the EA. We will consider all filed comments during the preparation of the EA.

    2 We, us, and our refer to the environmental staff of the Commission's Office of Energy Projects.

    In the EA, we will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings:

    • Geology and soils;

    • water resources and wetlands;

    • fisheries, vegetation, and wildlife;

    • endangered and threatened species;

    • cultural resources;

    • socioeconomics;

    • land use;

    • air quality and noise;

    • public safety; and

    • cumulative impacts

    We will also evaluate reasonable alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas.

    The EA will present our independent analysis of the issues. The EA will be available in the public record through eLibrary. We will publish and distribute the EA to the public for an allotted comment period. We will consider all comments on the EA before making our recommendations to the Commission. To ensure we have the opportunity to consider and address your comments, please carefully follow the instructions in the Public Participation section, beginning on page 2.

    With this notice, we are asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues of this project to formally cooperate with us in the preparation of the EA.3 Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice.

    3 The Council on Environmental Quality regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal Regulations, Part 1501.6.

    Consultations Under Section 106 of the National Historic Preservation Act

    In accordance with the Advisory Council on Historic Preservation's implementing regulations for section 106 of the National Historic Preservation Act, we are using this notice to initiate consultation with the applicable State Historic Preservation Offices (SHPO), and to solicit their views and those of other government agencies, interested Indian tribes, and the public on the project's potential effects on historic properties.4 We will define the project-specific Area of Potential Effects (APE) in consultation with the SHPOs as the project develops. On natural gas facility projects, the APE at a minimum encompasses all areas subject to ground disturbance (examples include construction right-of-way, contractor/pipe storage yards, compressor stations, and access roads). Our EA for this project will document our findings on the impacts on historic properties and summarize the status of consultations under section 106.

    4 The Advisory Council on Historic Preservation's regulations are at Title 36, Code of Federal Regulations, Part 800. Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places.

    Environmental Mailing List

    The environmental mailing list includes: Federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American Tribes; other interested parties; and local libraries. This list also includes all affected landowners (as defined in the Commission's regulations) who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within certain distances of aboveground facilities, and anyone who submits comments on the project. We will update the environmental mailing list as the analysis proceeds to ensure that we send the information related to this environmental review to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project.

    Copies of the EA will be sent to the environmental mailing list for public review and comment. If you would prefer to receive a paper copy of the document instead of the CD version or would like to remove your name from the mailing list, please return the attached Information Request (appendix 4).

    Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want to become an “intervenor” which is an official party to the Commission's proceeding. Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene. Instructions for becoming an intervenor are in the “Document-less Intervention Guide” under the “e-filing” link on the Commission's website. Motions to intervene are more fully described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

    Additional Information

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC website at www.ferc.gov using the eLibrary link. Click on the eLibrary link, click on General Search and enter the docket number, excluding the last three digits in the Docket Number field (i.e., CP18-46). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Finally, public sessions or site visits will be posted on the Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: May 1, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-09719 Filed 5-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP18-118-000] Rover Pipeline LLC; Notice of Intent To Prepare an Environmental Assessment for the Proposed UGS-Crawford Meter Station Project, and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment (EA) that will discuss the environmental impacts of the UGS-Crawford Meter Station Project involving construction and operation of facilities by Rover Pipeline LLC (Rover) in Jefferson County, Ohio. The Commission will use this EA in its decision-making process to determine whether the project is in the public convenience and necessity.

    This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the project. You can make a difference by providing us with your specific comments or concerns about the project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. Your input will help the Commission staff determine what issues they need to evaluate in the EA. To ensure that your comments are timely and properly recorded, please send your comments so that the Commission receives them in Washington, DC on or before 5:00 p.m. Eastern Time on May 31, 2018.

    If you sent comments on this project to the Commission before the opening of this docket on March 15, 2018, you will need to file those comments in Docket No. CP18-118-000 to ensure they are considered as part of this proceeding.

    This notice is being sent to the Commission's current environmental mailing list for this project. State and local government representatives should notify their constituents of this proposed project and encourage them to comment on their areas of concern.

    If you are a landowner receiving this notice, a pipeline company representative may contact you about the acquisition of an easement to construct, operate, and maintain the proposed facilities. The company would seek to negotiate a mutually acceptable agreement. However, if the Commission approves the project, that approval conveys with it the right of eminent domain. Therefore, if easement negotiations fail to produce an agreement, the pipeline company could initiate condemnation proceedings where compensation would be determined in accordance with state law.

    Rover provided landowners with a fact sheet prepared by the FERC entitled An Interstate Natural Gas Facility On My Land? What Do I Need To Know? This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings. It is also available for viewing on the FERC website (www.ferc.gov).

    Public Participation

    For your convenience, there are three methods you can use to submit your comments to the Commission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected] Please carefully follow these instructions so that your comments are properly recorded.

    (1) You can file your comments electronically using the eComment feature on the Commission's website (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can file your comments electronically by using the eFiling feature on the Commission's website (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on eRegister. If you are filing a comment on a particular project, please select “Comment on a Filing” as the filing type; or

    (3) You can file a paper copy of your comments by mailing them to the following address. Be sure to reference the project docket number (CP18-118-000) with your submission: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426.

    Summary of the Proposed Project

    Rover proposes to construct, own, and operate a new meter station on its Burgettstown Lateral in Jefferson County, Ohio. The UGS-Crawford Meter Station Project would receive up to 350 million cubic feet per day of natural gas. According to Rover, its project would respond to proven market demand for additional receipt point facilities from the Marcellus and Utica Shale supply areas.

    The UGS-Crawford Meter Station Project would consist of an ultrasonic meter skid and ancillary facilities, as well as a new permanent access road.

    The general location of the project facility is shown in appendix 1.1

    1 The appendices referenced in this notice will not appear in the Federal Register. Copies of appendices were sent to all those receiving this notice in the mail and are available at www.ferc.gov using the link called eLibrary or from the Commission's Public Reference Room, 888 First Street NE, Washington, DC 20426, or call (202) 502-8371. For instructions on connecting to eLibrary, refer to the last page of this notice.

    Land Requirements for Construction

    Construction of the proposed facilities would disturb about 3.6 acres of land for the aboveground facility. Following construction, Rover would maintain about 0.9 acre for permanent operation of the project's facilities; the remaining acreage would be restored and revert to former uses. In addition, a new permanent access road, approximately 25 feet wide and 100 feet long (covering approximately 0.1 acre of land), would be constructed and maintained. The proposed Project site and all workspaces would be within the existing Burgettstown Lateral right-of-way.

    The EA Process

    The National Environmental Policy Act (NEPA) requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us 2 to discover and address concerns the public may have about proposals. This process is referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this notice, the Commission requests public comments on the scope of the issues to address in the EA. We will consider all filed comments during the preparation of the EA.

    2 We, us, and our refer to the environmental staff of the Commission's Office of Energy Projects.

    In the EA we will discuss impacts that could occur as a result of the construction and operation of the proposed project under these general headings:

    • Geology and soils;

    • vegetation and wildlife;

    • endangered and threatened species;

    • cultural resources;

    • land use;

    • air quality and noise;

    • public safety; and

    • cumulative impacts

    We will also evaluate reasonable alternatives to the proposed project or portions of the project, and make recommendations on how to lessen or avoid impacts on the various resource areas.

    The EA will present our independent analysis of the issues. The EA will be available in the public record through eLibrary. Depending on the comments received during the scoping process, we may publish and distribute the EA to the public for an allotted comment period. We will consider all comments on the EA before making our recommendations to the Commission. To ensure we have the opportunity to consider and address your comments, please carefully follow the instructions in the Public Participation section, beginning on page 2.

    With this notice, we are asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues of this project to formally cooperate with us in the preparation of the EA.3 Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice.

    3 The Council on Environmental Quality regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal Regulations, Part 1501.6.

    Consultations Under Section 106 of the National Historic Preservation Act

    In accordance with the Advisory Council on Historic Preservation's implementing regulations for section 106 of the National Historic Preservation Act, we are using this notice to initiate consultation with the applicable State Historic Preservation Office (SHPO), and to solicit their views and those of other government agencies, interested Indian tribes, and the public on the project's potential effects on historic properties.4 We will define the project-specific Area of Potential Effects (APE) in consultation with the SHPO as the project develops. On natural gas facility projects, the APE at a minimum encompasses all areas subject to ground disturbance (examples include construction right-of-way, contractor/pipe storage yards, compressor stations, and access roads). Our EA for this project will document our findings on the impacts on historic properties and summarize the status of consultations under section 106.

    4 The Advisory Council on Historic Preservation's regulations are at Title 36, Code of Federal Regulations, Part 800. Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register of Historic Places.

    Environmental Mailing List

    The environmental mailing list includes federal, state, and local government representatives and agencies; elected officials; Native American Tribes; and local libraries. This list also includes all affected landowners (as defined in the Commission's regulations) who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within certain distances of aboveground facilities, and anyone who submits comments on the project. We will update the environmental mailing list as the analysis proceeds to ensure that we send the information related to this environmental review to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project.

    If we publish and distribute the EA, copies of the EA will be sent to the environmental mailing list for public review and comment. If you would prefer to receive a paper copy of the document instead of the CD Version, or would like to remove your name from the mailing list, please return the attached Information Request (appendix 2).

    Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want to become an intervenor which is an official party to the Commission's proceeding. Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene. Instructions for becoming an intervenor are in the Document-less Intervention Guide under the e-filing link on the Commission's website. Motions to intervene are more fully described at http://www.ferc.gov/resources/guides/how-to/intervene.asp.

    Additional Information

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC website at www.ferc.gov using the eLibrary link. Click on the eLibrary link, click on General Search and enter the docket number, excluding the last three digits in the Docket Number field (i.e., CP18-118). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Finally, public sessions or site visits will be posted on the Commission's calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along with other related information.

    Dated: May 1, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-09720 Filed 5-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. NJ18-14-000] Oncor Electric Delivery Company LLC; Notice of Filing

    Take notice that on April 25, 2018, Oncor Electric Delivery Company LLC submitted its tariff filing: Oncor TFO Tariff Rate Changes to be effective 3/27/2018.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the eLibrary link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on May 16, 2018.

    Dated: May 2, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-09717 Filed 5-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. CP18-37-000 and CP18-38-000] Sierrita Gas Pipeline LLC; Notice of Schedule for Environmental Review of the Sierrita Compressor Expansion Project

    On December 21, 2017, Sierrita Gas Pipeline LLC (Sierrita) filed an application in Docket No. CP18-37-000 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 pipeline facilities. Additionally, in Docket No. CP18-38-000, Sierrita is requesting an amendment to its Section 3 authorization and its Presidential Permit. The proposed project is known as the Sierrita Compressor Expansion Project (Project), in which Sierrita would increase the design capacity of existing Line No. 2177 to 627,000,000 cubic feet per day at its border crossing into Mexico in Pima County, Arizona.

    On January 5, 2018, the Federal Energy Regulatory Commission (Commission or FERC) issued its Notice of Applications 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—June 13, 2018 90-Day Federal Authorization Decision Deadline—September 11, 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

    Sierrita proposes to construct in Pima County, Arizona one 15,900 horsepower compressor station, suction and discharge piping, and ancillary facilities on its existing Line No. 2177; one 10-inch meter at its existing San Joaquin Meter Station; as well as relocate an existing mainline valve and pipeline inspection tool.

    Background

    On February 2, 2018, the Commission issued a Notice of Intent to Prepare an Environmental Assessment for the Proposed Sierrita Compressor Expansion 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. In response to the NOI, the Commission received comments from Pima County (Office of Sustainability & Conservation, the Regional Flood Control District, the Development Services Department, and the Regional Wastewater Reclamation Department); the Altar Valley Conservation Alliance; and the U.S. Environmental Protection Agency. The primary issues raised by the commentors regarded purpose and need, alternatives, pipeline safety, water resources, air quality, biological resources and invasive species, hazardous materials, cultural resources, cumulative impacts, restoration and post-construction monitoring, outdoor lighting, and impacts on existing utility lines.

    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., CP18-37), 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: May 1, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-09718 Filed 5-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. NJ18-12-000] Oncor Electric Delivery Company LLC; Notice of Filing

    Take notice that on April 23, 2018, Oncor Electric Delivery Company LLC submitted its tariff filing: Oncor TFO Tariff Rate Changes to be effective 11/27/2017.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the eLibrary link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on May 14, 2018.

    Dated: May 2, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-09715 Filed 5-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. NJ18-11-000] Oncor Electric Delivery Company LLC; Notice of Filing

    Take notice that on April 23, 2018, Oncor Electric Delivery Company LLC submitted its tariff filing: Oncor Tex-La Tariff Rate Changes to be effective 11/27/2017.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on May 14, 2018.

    Dated: May 2, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-09714 Filed 5-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP18-251-000] Portland Natural Gas Transmission System; Notice of Application

    Take notice that on April 20, 2018, Portland Natural Gas Transmission System (Portland Natural Gas), 700 Louisiana Street, Suite 700, Houston, TX 77002-2700, filed an application under section 7(c) of the Natural Gas Act (NGA) and Parts 157 and 284 of the Commission's rules and regulations for Phase I of the Portland Xpress Project. Portland Natural Gas requests authorization to increase the certificated capacity on its wholly-owned north system from Pittsburg, New Hampshire, to Westbrook, Maine, by 39.841 million cubic feet per day (MMcf/d), and to increase the certificated capacity on its system facilities jointly-owned with Maritimes & Northeast Pipeline, L.L.C. from Westbrook, Maine to Dracut, Massachusetts by 1.641 MMcf/d, effective November 1, 2018, all as more fully described in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the web at http://www.ferc.gov using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (866) 208-3676 or TTY, (202) 502-8659.

    Additionally, pursuant to section 3 of the NGA (15 U.S.C. 717b), Part 153 of the Commission's regulations, Executive Order 10485, as amended by Executive Order 12038, and Secretary of Energy Delegation Order No. 0204-112, Portland Natural Gas requests authorization to increase its import and export capacity from 210 MMcf/d to 274.216 MMcf/d. Portland Natural Gas also proposes to amend its Presidential Permit issued on September 24, 1997, as amended on November 18, 2003, and on November 28, 2017, to reflect the increase mentioned above.1

    1See Portland Natural Gas Transmission System, 80 FERC 61,346 (1997); 105 FERC 61,235 (2003); and 161 FERC 61,230 (2017).

    Portland Natural Gas states that it's Phase I of the Portland XPress Project would expand gas service delivery options for the New England market. Portland Natural Gas proposes no construction or modifications to its existing system or border crossing facilities in connection with this request, and as such, there are no costs associated with the project.

    Any questions regarding this application should be directed to Robert Jackson, Manager, Certificates & Regulatory Administration, Portland Natural Gas Transmission System, 700 Louisiana Street, Suite 700, Houston, Texas 77002-2700, or call (832) 320-5487, or email: [email protected]

    Pursuant to section 157.9 of the Commission's rules (18 CFR 157.9), within 90 days of this Notice, the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 7 copies of filings made in the proceeding with the Commission and must mail a copy to the applicant and to every other party. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy regulatory Commission, 888 First Street NE, Washington, DC 20426.

    Comment Date: 5:00 p.m. Eastern Time on May 23, 2018

    Dated: May 2, 2018. Kimberly D. Bose, Secretary.
    [FR Doc. 2018-09713 Filed 5-7-18; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER11-2154-009.

    Applicants: Twin Eagle Resource Management, LLC.

    Description: Notice of Change in Status of Twin Eagle Resource Management, LLC.

    Filed Date: 4/30/18.

    Accession Number: 20180430-5504.

    Comments Due: 5 p.m. ET 5/21/18.

    Docket Numbers: ER13-102-014.

    Applicants: New York Independent System Operator, Inc.

    Description: Compliance filing: Amendment Order 1000 compliance—incorrect base tariff document to be effective 4/1/2016.

    Filed Date: 5/2/18.

    Accession Number: 20180502-5110.

    Comments Due: 5 p.m. ET 5/23/18.

    Docket Numbers: ER18-728-002.

    Applicants: California Independent System Operator Corporation.

    Description: Compliance filing: 2018-05-02 RAAIM Methodology Modifications Compliance to be effective 5/1/2018.

    Filed Date: 5/2/18.

    Accession Number: 20180502-5094.

    Comments Due: 5 p.m. ET 5/23/18.

    Docket Numbers: ER18-954-001.

    Applicants: Appalachian Power Company.

    Description: Tariff Amendment: OATT-Attachment K, AEPTX Rate Update—Amendment to be effective 5/2/2018.

    Filed Date: 5/2/18.

    Accession Number: 20180502-5109.

    Comments Due: 5 p.m. ET 5/23/18.

    Docket Numbers: ER18-1505-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 2452R2 KEPCO NITSA NOA to be effective 6/1/2018.

    Filed Date: 5/2/18.

    Accession Number: 20180502-5052.

    Comments Due: 5 p.m. ET 5/23/18.

    Docket Numbers: ER18-1506-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: Third Amended CLGIA Mesa Wind Project SA No. 395 to be effective 7/2/2018.

    Filed Date: 5/2/18.

    Accession Number: 20180502-5065.

    Comments Due: 5 p.m. ET 5/23/18.

    Docket Numbers: ER18-1508-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2018-05-02_SA 3111 Bayou Bend Solar-ELL GIA (J581) to be effective 4/18/2018.

    Filed Date: 5/2/18.

    Accession Number: 20180502-5073.

    Comments Due: 5 p.m. ET 5/23/18.

    Docket Numbers: ER18-1509-000.

    Applicants: ISO New England Inc.

    Description: Petition for Waiver of Tariff Provisions of ISO New England Inc.

    Filed Date: 5/2/18.

    Accession Number: 20180502-5089.

    Comments Due: 5 p.m. ET 5/23/18.

    Docket Numbers: ER18-1510-000.

    Applicants: Appalachian Power Company.

    Description: § 205(d) Rate Filing: OATT-Attachment K, AEPTX Rate Update—Amendment to be effective 5/2/2018.

    Filed Date: 5/2/18.

    Accession Number: 20180502-5098.

    Comments Due: 5 p.m. ET 5/23/18.

    Take notice that the Commission received the following electric securities filings:

    Docket Numbers: ES18-35-000.

    Applicants: El Paso Electric Company.

    Description: Application for Renewal of Section 204 Authorization of El Paso Electric Company.

    Filed Date: 4/30/18.

    Accession Number: 20180430-5506.

    Comments Due: 5 p.m. ET 5/21/18.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: May 2, 2018. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2018-09749 Filed 5-7-18; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9977-70-OA] Notification of a Public Teleconference of the Science Advisory Board Chemical Assessment Advisory Committee Augmented for the Review of EPA's draft Ethyl Tertiary Butyl Ether (ETBE) and tert-Butyl Alcohol (tert-butanol; tBA) Assessments AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces a public teleconference of the SAB Chemical Assessment Advisory Committee augmented for the review of two EPA draft assessments; Toxicological Review for Ethyl Tertiary Butyl Ether (ETBE) (External Review Draft, dated June 2017); and Toxicological Review of tert-Butyl Alcohol (tert-butanol or tBA) (External Review Draft, dated June 2017) (CAAC augmented for ETBE/tBA Panel or Panel). The Panel will meet to discuss its draft peer review report regarding the two EPA draft assessments named above.

    DATES:

    The public teleconference will be held on: Wednesday, June 6, 2018, from 9 a.m. to 1 p.m. (Eastern time).

    ADDRESSES:

    The public teleconference will be held by telephone only.

    FOR FURTHER INFORMATION:

    Any member of the public who wants further information concerning this meeting notice may contact Dr. Shaunta Hill-Hammond, Designated Federal Officer (DFO), via phone at (202) 564-3343, or email at [email protected] General information about the SAB, as well as updates concerning the meeting announced in this notice, may be found on the EPA website at http://www.epa.gov/sab.

    Technical Contact for EPA's Draft Reports: For information concerning the EPA draft assessments, please contact James Avery, phone (703) 347-8668 or via email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Background: The SAB was established pursuant to the Environmental Research, Development, and Demonstration Authorization Act (ERDDAA), codified at 42 U.S.C. 4365, to provide independent scientific and technical advice to the Administrator on the scientific and technical basis for Agency positions and regulations. The SAB is a Federal Advisory Committee chartered under the Federal Advisory Committee Act (FACA), 5 U.S.C., App. 2. Pursuant to FACA and EPA policy, notice is hereby given that the SAB CAAC augmented for ETBE and tBA Panel will hold a public teleconference to continue discussion its draft report regarding the EPA's draft assessments; Toxicological Review for Ethyl Tertiary Butyl Ether (ETBE) (External Review Draft, dated June 2017); and Toxicological Review of tert-Butyl Alcohol (tert-butanol or tBA) (External Review Draft, dated June 2017). The Panel will provide their advice regarding these two assessments to the Administrator through the chartered SAB.

    EPA's Office of Research and Development (ORD) requested that the SAB conduct a peer review of the two EPA draft assessments. The EPA SAB Staff Office augmented the SAB CAAC with subject matter experts, to provide advice to the Administrator through the chartered SAB regarding these assessments. The CAAC augmented for ETBE/tBA Panel convened a public face-to-face meeting on August 15-17, 2017, to develop responses to the peer review charge questions and to hear and consider public comments. The Panel convened a public teleconference on March 22, 2018, and March 27, 2018, to discuss its draft peer review report and to hear public comments. The Panel will meet via a public teleconference to continue discussion on its draft peer review report and hear public comments. The CAAC augmented for ETBE/tBA Panel will comply with the provisions of FACA and all appropriate SAB Staff Office procedural policies.

    Availability of Meeting Materials: Prior to the meeting, the Panel's draft report, meeting agenda and other supporting materials (if applicable) will be accessible on the meeting page corresponding to each chemical assessment on the SAB website (http://www.epa.gov/sab).

    Procedures for Providing Public Input: Public comment for consideration by EPA's federal advisory committees and panels has a different purpose from public comment provided to EPA program offices. Therefore, the process for submitting comments to a federal advisory committee is different from the process used to submit comments to an EPA program office. Federal advisory committees and panels, including scientific advisory committees, provide independent advice to the EPA. Members of the public can submit relevant comments pertaining to the EPA's charge, meeting materials, or the group providing advice. Input from the public to the SAB will have the most impact if it provides specific scientific or technical information or analysis for the SAB to consider or if it relates to the clarity or accuracy of the technical information. Members of the public wishing to provide comment should follow the instructions below to submit comments.

    Oral Statements: In general, individuals or groups requesting to make an oral presentation will be limited to three minutes during a public teleconference. Interested parties wishing to provide comments should contact Dr. Hill-Hammond (preferably via email), at the contact information noted above by May 23, 2018, to be placed on the list of public speakers.

    Written Statements: Written statements will be accepted throughout the advisory process; however, for timely consideration by SAB members, statements should be supplied to the DFO (preferably via email) at the contact information noted above by May 23, 2018. It is the SAB Staff Office general policy to post written comments on the web page for the advisory meeting or teleconference. Submitters are requested to provide an unsigned version of each document because the SAB Staff Office does not publish documents with signatures on its websites. Members of the public should be aware that their personal contact information, if included in any written comments, may be posted to the SAB website. Copyrighted material will not be posted without explicit permission of the copyright holder.

    Accessibility: For information on access or services for individuals with disabilities, please contact Dr. Hill-Hammond at the phone number or email address noted above, preferably at least ten days prior to the meeting, to give the EPA as much time as possible to process your request.

    Dated: April 24, 2018. Khanna Johnston, Deputy Director, EPA Science Advisory Board Staff Office.
    [FR Doc. 2018-09780 Filed 5-7-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OLEM-2018-0200, FRL-9977-59-OLEM] Agency Information Collection Activities; Proposed Collection; Comment Request; Final Authorization for Hazardous Waste Management Programs (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) is planning to submit the information collection request (ICR), Final Authorization for Hazardous Waste Management Programs (EPA ICR No. 0969.10, OMB Control No. 2050-0041) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.). Before doing so, the 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 July 9, 2018.

    ADDRESSES:

    Submit your comments, referencing by Docket ID No. EPA-HQ-OLEM-2018-0200, 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:

    Peggy Vyas, (mail code 5303P), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 703-308-5477; fax number: 703-308-8433; 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, the 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. The 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, the 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: In order for a State to obtain final authorization for a State hazardous waste program or to revise its previously authorized program, it must submit an official application to the EPA Regional office for approval. The purpose of the application is to enable the EPA to properly determine whether the State's program meets the requirements of § 3006 of RCRA. A State with an approved program may voluntarily transfer program responsibilities to EPA by notifying the EPA of the proposed transfer, as required by section 271.23. Further, the EPA may withdraw a State's authorized program under section 271.23.

    State program revision may be necessary when the controlling Federal or State statutory or regulatory authority is modified or supplemented. In the event that the State is revising its program by adopting new Federal requirements, the State shall prepare and submit modified revisions of the program description, Attorney General's statement, Memorandum of Agreement, or such other documents as the EPA determines to be necessary. The State shall inform the EPA of any proposed modifications to its basic statutory or regulatory authority in accordance with section 271.21. If a State is proposing to transfer all or any part of any program from the approved State agency to any other agency, it must notify the EPA in accordance with section 271.21 and submit revised organizational charts as required under section 271.6, in accordance with section 271.21. These paperwork requirements are mandatory under § 3006(a). The EPA will use the information submitted by the State in order to determine whether the State's program meets the statutory and regulatory requirements for authorization.

    Form numbers: None.

    Respondents/affected entities: State/territorial governments.

    Respondent's obligation to respond: Mandatory (RCRA § 3006(a)).

    Estimated number of respondents: 50.

    Frequency of response: Annual.

    Total estimated burden: 13,860 hours. Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $499,001 (per year), which includes $499,001 annualized labor and $0 annualized capital or operation & maintenance costs.

    Changes in estimates: The burden hours are likely to stay substantially the same.

    Dated: April 24, 2018. Barnes Johnson, Director, Office of Resource Conservation and Recovery.
    [FR Doc. 2018-09770 Filed 5-7-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OLEM-2018-0198, FRL-9977-58-OLEM] Agency Information Collection Activities; Proposed Collection; Comment Request; Land Disposal Restrictions (Renewal) AGENCY:

    Environmental Protection Agency.

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) is planning to submit the information collection request (ICR), Land Disposal Restrictions (EPA ICR No. 1442.23, OMB Control No. 2050-0085) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.). Before doing so, the 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 July 9, 2018.

    ADDRESSES:

    Submit your comments, referencing by Docket ID No. EPA-HQ-OLEM-2018-0198, 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:

    Peggy Vyas, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 703-308-5477; fax number: 703-308-8433; 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, the 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. The 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, the 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 3004 of the Resource Conservation and Recovery Act (RCRA), as amended, requires that EPA develop standards for hazardous waste treatment, storage, and disposal as may be necessary to protect human health and the environment. Subsections 3004(d), (e), and (g) require EPA to promulgate regulations that prohibit the land disposal of hazardous waste unless it meets specified treatment standards described in subsection 3004(m).

    The regulations implementing these requirements are codified in the Code of Federal Regulations (CFR) Title 40, Part 268. EPA requires that facilities maintain the data outlined in this ICR so that the Agency can ensure that land disposed waste meets the treatment standards. EPA strongly believes that the recordkeeping requirements are necessary for the agency to fulfill its congressional mandate to protect human health and the environment.

    Form numbers: None.

    Respondents/affected entities: Private sector and State, Local, or Tribal governments.

    Respondent's obligation to respond: Mandatory (40 CFR part 268).

    Estimated number of respondents: 90,500.

    Frequency of response: On occasion.

    Total estimated burden: 646,455 hours Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $86,668,517, which includes $33,928,964 annualized labor costs and $53,739,553 annualized capital or O&M costs.

    Changes in estimates: The burden hours are likely to stay substantially the same.

    Dated: April 24, 2018. Barnes Johnson, Director, Office of Resource Conservation and Recovery.
    [FR Doc. 2018-09772 Filed 5-7-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2018-0227; FRL-9977-60-OAR] RIN 2060-AT31 Notice of EPA Workshop on EPA Fuels Regulatory Streamlining AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of workshop.

    SUMMARY:

    The Environmental Protection Agency (EPA) is announcing a stakeholder workshop to be held in Chicago, Illinois on May 21, 2018, through May 23, 2018, on its anticipated rulemaking on Fuels Regulatory Streamlining. The EPA intends to publish a proposal at a later date in the Federal Register.

    DATES:

    The workshop will be held on May 21, 2018, through May 23, 2018, at the location noted below under ADDRESSES. On May 21, 2018, the workshop will begin at 12:30 p.m. Central Daylight Time (CDT) and end at 5:00 p.m. CDT. On May 22, 2018, the workshop will begin at 8:00 a.m. CDT and end at 4:00 p.m. CDT. On May 23, 2018, the workshop will begin at 8:30 a.m. CDT and end at 5:00 p.m. CDT. Parties wishing to attend the workshop should notify the contact person listed under FOR FURTHER INFORMATION CONTACT by May 14, 2018. Additional information regarding the workshop appears below under SUPPLEMENTARY INFORMATION.

    ADDRESSES:

    The workshop will be held at the following location: Palmer House Hilton Hotel, 17 East Monroe Street, Chicago, IL 60603; telephone number: (312) 726-7500. Additional information related to the workshop will be posted on the EPA website at: https://www.epa.gov/air-pollution-transportation/key-issues-websites-and-programs-epas-office-transportation-and-air. Interested parties should check the website for any updated information.

    FOR FURTHER INFORMATION CONTACT:

    Nick Parsons, Office of Transportation and Air Quality, Assessment and Standards Division, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105; telephone number: (734) 214-4479; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    EPA is exploring opportunities to streamline and modernize its existing fuels regulations under 40 CFR part 80 to update EPA's existing gasoline, diesel, and other fuels regulations to help reduce burden for stakeholders as well as EPA, while improving overall compliance assurance and maintaining environmental performance. EPA intends to achieve this goal in streamlining the existing fuels regulations by: Deleting expired provisions, eliminating redundant compliance provisions (e.g., duplicative registration requirements that are required by every EPA fuels program), and replacing them with a single set of provisions and definitions that would apply across all gasoline, diesel, and other fuels programs currently under 40 CFR part 80.

    The workshop will provide the opportunity for EPA to update stakeholders on its progress regarding this streamlining of the existing fuels regulations, and for stakeholders to provide initial feedback as EPA develops its proposed rule.

    Dated: April 25, 2018. Christopher Grundler, Director, Office of Transportation and Air Quality, Office of Air and Radiation.
    [FR Doc. 2018-09783 Filed 5-7-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2017-0619; FRL-9973-40] Agency Information Collection Activities; Proposed Renewal of an Existing Collection; Comment Request AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: “Pesticide Program Public Sector Collections (FIFRA Sections 18 & 24(c))” and identified by EPA ICR No. 2311.03 and OMB Control No. 2070-0182, represents the renewal of an existing ICR that is scheduled to expire on October 31, 2018. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

    DATES:

    Comments must be received on or before April 30, 2018.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2017-0619, 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:

    Connie Hernandez, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (703) 605-5190; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), EPA specifically solicits comments and information to enable it to:

    1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility.

    2. Evaluate the accuracy of the Agency's estimates of the burden of the proposed collection of information, including the validity of the methodology and assumptions used.

    3. Enhance the quality, utility, and clarity of the information to be collected.

    4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection.

    II. What information collection activity or ICR does this action apply to?

    Title: Pesticide Program Public Sector Collections (FIFRA Sections 18 & 24(c)).

    ICR number: EPA ICR No. 2311.03.

    OMB control number: OMB Control No. 2070-0182.

    ICR status: This ICR is currently scheduled to expire on 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. The OMB control numbers for EPA's regulations in title 40 of the Code of Federal Regulations (CFR), after appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

    Abstract: This ICR covers the paperwork burden associated with two types of pesticide registration requests made by states, U.S. Territories, or Federal agencies under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136a et seq.: (1) Emergency exemption requests, which allow for an unregistered use of a pesticide; and (2) Requests by states to register a pesticide use to meet a special local need (SLN).

    FIFRA section 18 allows EPA to grant emergency exemptions to states, U.S. Territories, and Federal agencies to allow an unregistered of a pesticide for a limited time if EPA determines that emergency conditions exists. Section 18 requests include unregistered pesticide use exemptions for specific agricultural, public health and quarantine purposes. FIFRA section 24(c) allows EPA to grant permission to a particular state to register additional uses of a federally registered pesticide for distribution and use within that state to meet a SLN.

    Burden statement: The annual public reporting and recordkeeping burden for this combined collection of information is estimated to average 25,753 hours per response. Burden is defined in 5 CFR 1320.3(b).

    The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized here:

    Respondents/affected entities: Entities potentially affected by this ICR are pesticides registrants, which may be identified by North American Classification System (NAICS) codes 325320 (pesticide and other agricultural chemical manufacturing), and 9241 (governments that administer environmental quality programs).

    Estimated total number of potential respondents: 669.

    Frequency of response: On occasion.

    Estimated total average number of responses for each respondent: 1.

    Estimated total annual burden hours: 25,753 hours.

    Estimated total annual costs: $1,829,103. There are no capital operation & maintenance costs associated with this information collection.

    III. Are there changes in the estimates from the last approval?

    For Section 18, there is a decrease of 4,158 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease corresponds with a decrease in the average number of Section 18s requested per year, from 185 to143. This change is an adjustment.

    For Section 24(c), there is a decrease of 4,264 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This decrease reflects EPA's significant decrease in the average number of petitions received annually, from about 305 to 223. This change is an adjustment.

    IV. What is the next step in the process for this ICR?

    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 pursuant to 5 CFR 1320.12. EPA will issue another Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    Authority:

    44 U.S.C. 3501 et seq.

    Dated: April 24, 2018. Charlotte Bertrand, Acting Principal Deputy Assistant Administrator, Office of Chemical Safety and Pollution Prevention.
    [FR Doc. 2018-09774 Filed 5-7-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9977-17-OLEM] Thirty-Third Update of the Federal Agency Hazardous Waste Compliance Docket AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    Since 1988, the Environmental Protection Agency (EPA) has maintained a Federal Agency Hazardous Waste Compliance Docket (“Docket”) under Section 120(c) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Section 120(c) requires EPA to establish a Docket that contains certain information reported to EPA by Federal facilities that manage hazardous waste or from which a reportable quantity of hazardous substances has been released. As explained further below, the Docket is used to identify Federal facilities that should be evaluated to determine if they pose a threat to public health or welfare and the environment and to provide a mechanism to make this information available to the public.

    This notice identifies the Federal facilities not previously listed on the Docket and also identifies Federal facilities reported to EPA since the last update on December 8, 2017. In addition to the list of additions to the Docket, this notice includes a section with revisions of the previous Docket list and a section of Federal facilities that are to be deleted from the Docket. Thus, the revisions in this update include 5 additions, 2 deletions, and 1 correction to the Docket since the previous update. At the time of publication of this notice, the new total number of Federal facilities listed on the Docket is 2,352.

    DATES:

    This list is current as of April 10, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Electronic versions of the Docket and more information on its implementation can be obtained at http://www.epa.gov/fedfac/previous-federal-agency-hazardous-waste-compliance-docket-updates by clicking on the link for Cleanups at Federal Facilities or by contacting Benjamin Simes ([email protected]), Federal Agency Hazardous Waste Compliance Docket Coordinator, Federal Facilities Restoration and Reuse Office (Mail Code 5106R), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460. Additional information on the Docket and a complete list of Docket sites can be obtained at: https://www.epa.gov/fedfac/fedfacts.

    SUPPLEMENTARY INFORMATION: Table of Contents 1.0 Introduction 2.0 Regional Docket Coordinators 3.0 Revisions of the Previous Docket 4.0 Process for Compiling the Updated Docket 5.0 Facilities Not Included 6.0 Facility NPL Status Reporting, Including NFRAP Status 7.0 Information Contained on Docket Listing 1.0 Introduction

    Section 120(c) of CERCLA, 42 United States Code (U.S.C.) 9620(c), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), requires EPA to establish the Federal Agency Hazardous Waste Compliance Docket. The Docket contains information on Federal facilities that manage hazardous waste and such information is submitted by Federal agencies to EPA under Sections 3005, 3010, and 3016 of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6925, 6930, and 6937. Additionally, the Docket contains information on Federal facilities with a reportable quantity of hazardous substances that has been released and such information is submitted by Federal agencies to EPA under Section 103 of CERCLA, 42 U.S.C. 9603. Specifically, RCRA Section 3005 establishes a permitting system for certain hazardous waste treatment, storage, and disposal (TSD) facilities; RCRA Section 3010 requires waste generators, transporters and TSD facilities to notify EPA of their hazardous waste activities; and RCRA Section 3016 requires Federal agencies to submit biennially to EPA an inventory of their Federal hazardous waste facilities. CERCLA Section 103(a) requires the owner or operator of a vessel or onshore or offshore facility to notify the National Response Center (NRC) of any spill or other release of a hazardous substance that equals or exceeds a reportable quantity (RQ), as defined by CERCLA Section 101. Additionally, CERCLA Section 103(c) requires facilities that have “stored, treated, or disposed of” hazardous wastes and where there is “known, suspected, or likely releases” of hazardous substances to report their activities to EPA.

    CERCLA Section 120(d) requires EPA to take steps to assure that a Preliminary Assessment (PA) be completed for those sites identified in the Docket and that the evaluation and listing of sites with a PA be completed within a reasonable time frame. The PA is designed to provide information for EPA to consider when evaluating the site for potential response action or inclusion on the National Priorities List (NPL).

    The Docket serves three major purposes: (1) To identify all Federal facilities that must be evaluated to determine whether they pose a threat to human health and the environment sufficient to warrant inclusion on the National Priorities List (NPL); (2) to compile and maintain the information submitted to EPA on such facilities under the provisions listed in Section 120(c) of CERCLA; and (3) to provide a mechanism to make the information available to the public.

    The initial list of Federal facilities to be included on the Docket was published in the Federal Register on February 12, 1988 (53 FR 4280). Since then, updates to the Docket have been published on November 16, 1988 (53 FR 46364); December 15, 1989 (54 FR 51472); August 22, 1990 (55 FR 34492); September 27, 1991 (56 FR 49328); December 12, 1991 (56 FR 64898); July 17, 1992 (57 FR 31758); February 5, 1993 (58 FR 7298); November 10, 1993 (58 FR 59790); April 11, 1995 (60 FR 18474); June 27, 1997 (62 FR 34779); November 23, 1998 (63 FR 64806); June 12, 2000 (65 FR 36994); December 29, 2000 (65 FR 83222); October 2, 2001 (66 FR 50185); July 1, 2002 (67 FR 44200); January 2, 2003 (68 FR 107); July 11, 2003 (68 FR 41353); December 15, 2003 (68 FR 69685); July 19, 2004 (69 FR 42989); December 20, 2004 (69 FR 75951); October 25, 2005 (70 FR 61616); August 17, 2007 (72 FR 46218); November 25, 2008 (73 FR 71644); October 13, 2010 (75 FR 62810); November 6, 2012 (77 FR 66609); March 18, 2013 (78 FR 16668); January 6, 2014 (79 FR 654), December 31, 2014 (79 FR 78850); August 17, 2015 (80 FR 49223), March 3, 2016 (81 FR 11212), October 24, 2016 (81 FR 73096), June 6, 2017 (82 FR 26092), and December 8, 2017 (82 FR 57976). This notice constitutes the thirty-third update of the Docket.

    This notice provides some background information on the Docket. Additional information on the Docket requirements and implementation are found in the Docket Reference Manual, Federal Agency Hazardous Waste Compliance Docket found at http://www.epa.gov/fedfac/docket-reference-manual-federal-agency-hazardous-waste-compliance-docket-interim-final or obtained by calling the Regional Docket Coordinators listed below. This notice also provides changes to the list of sites included on the Docket in three areas: (1) Additions, (2) Deletions, and (3) Corrections. Specifically, additions are newly identified Federal facilities that have been reported to EPA since the last update and now are included on the Docket; the deletions section lists Federal facilities that EPA is deleting from the Docket.1 The information submitted to EPA on each Federal facility is maintained in the Docket repository located in the EPA Regional office of the Region in which the Federal facility is located; for a description of the information required under those provisions, see 53 FR 4280 (February 12, 1988). Each repository contains the documents submitted to EPA under the reporting provisions and correspondence relevant to the reporting provisions for each Federal facility.

    1 See Section 3.2 for the criteria for being deleted from the Docket.

    In prior updates, information was also provided regarding No Further Remedial Action Planned (NFRAP) status changes. However, information on NFRAP and NPL status is no longer being provided separately in the Docket update as it is now available at: http://www.epa.gov/fedfac/fedfacts or by contacting the EPA HQ Docket Coordinator at the address provided in the FOR FURTHER INFORMATION CONTACT section of this notice.

    2.0 Regional Docket Coordinators

    Contact the following Docket Coordinators for information on Regional Docket repositories:

    Martha Bosworth (HBS), US EPA Region 1, 5 Post Office Square, Suite 100, Mail Code: OSRR07-2, Boston, MA 02109-3912, (617) 918-1407.

    Cathy Moyik (ERRD), US EPA Region 2, 290 Broadway, New York, NY 10007-1866, (212) 637-4339.

    Joseph Vitello (3HS12), US EPA Region 3, 1650 Arch Street, Philadelphia, PA 19107, (215) 814-3354.

    Leigh Lattimore (4SF-SRSEB), US EPA Region 4, 61 Forsyth St. SW, Atlanta, GA 30303, 404-562-8768.

    David Brauner (SR-6J), US EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 60604, (312) 886-1526.

    Philip Ofosu (6SF-RA), US EPA Region 6, 1445 Ross Avenue, Dallas, TX 75202-2733, (214) 665-3178.

    Todd H. Davis (SUPRERSP), US EPA Region 7, 11201 Renner Blvd., Lenexa, KS 66219, (913) 551-7749.

    Ryan Dunham (EPR-F), US EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202, (303) 312-6627.

    Leslie Ramirez (SFD-6-1), US EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105, (415) 972-3978.

    Ken Marcy (ECL, ABU), US EPA Region 10, 1200 Sixth Avenue, Suite 900, ECL-112, Seattle, WA 98101, (206) 890-0591.

    3.0 Revisions of the Previous Docket

    This section includes a discussion of the additions, deletions, and corrections, to the list of Docket facilities since the previous Docket update.

    3.1 Additions

    In this notice, 5 Federal facilities are being added to the Docket. Seven of the twenty-one Federal facilities are being added primarily because of new information obtained by EPA (for example, recent reporting of a facility pursuant to RCRA Sections 3005, 3010, or 3016 or CERCLA Section 103). CERCLA Section 120, as amended by the Defense Authorization Act of 1997, specifies that EPA take steps to assure that a Preliminary Assessment (PA) be completed within a reasonable time frame for those Federal facilities that are included on the Docket. Among other things, the PA is designed to provide information for EPA to consider when evaluating the site for potential response action or listing on the NPL.

    3.2 Deletions

    In this notice, 2 Federal facilities are being deleted from the Docket. There are no statutory or regulatory provisions that address deletion of a facility from the Docket. However, if a facility is incorrectly included on the Docket, it may be deleted from the Docket. The criteria EPA uses in deleting sites from the Docket include: A facility for which there was an incorrect report submitted for hazardous waste activity under RCRA (e.g., 40 CFR 262.44); a facility that was not Federally-owned or operated at the time of the listing; a facility included more than once (i.e., redundant listings); or when multiple facilities are combined under one listing. (See Docket Codes (Categories for Deletion of Facilities) for a more refined list of the criteria EPA uses for deleting sites from the Docket. Facilities being deleted no longer will be subject to the requirements of CERCLA Section 120(d).

    3.3 Corrections

    Changes necessary to correct the previous Docket are identified by both EPA and Federal agencies. The corrections section may include changes in addresses or spelling, and corrections of the recorded name and ownership of a Federal facility. In addition, changes in the names of Federal facilities may be made to establish consistency in the Docket or between the Superfund Enterprise Management System (SEMS) and the Docket. For the Federal facility for which a correction is entered, the original entry is as it appeared in previous Docket updates. The corrected update is shown directly below, for easy comparison. This notice includes one correction.

    4.0 Process for Compiling the Updated Docket

    In compiling the newly reported Federal facilities for the update being published in this notice, EPA extracted the names, addresses, and identification numbers of facilities from four EPA databases—the WebEOC, the Biennial Inventory of Federal Agency Hazardous Waste Activities, the Resource Conservation and Recovery Act Information System (RCRAInfo), and SEMS—that contain information about Federal facilities submitted under the four provisions listed in CERCLA Section 120(c).

    EPA assures the quality of the information on the Docket by conducting extensive evaluation of the current Docket list and contacts the other Federal Agency (OFA) with the information obtained from the databases identified above to determine which Federal facilities were, in fact, newly reported and qualified for inclusion on the update. EPA is also striving to correct errors for Federal facilities that were previously reported. For example, state-owned or privately-owned facilities that are not operated by the Federal government may have been included. Such problems are sometimes caused by procedures historically used to report and track Federal facilities data. Representatives of Federal agencies are asked to contact the EPA HQ Docket Coordinator at the address provided in the FOR FURTHER INFORMATION CONTACT section of this notice if revisions of this update information are necessary.

    5.0 Facilities Not Included

    Certain categories of facilities may not be included on the Docket, such as: (1) Federal facilities formerly owned by a Federal agency that at the time of consideration was not Federally-owned or operated; (2) Federal facilities that are small quantity generators (SQGs) that have not, more than once per calendar year, generated more than 1,000 kg of hazardous waste in any single month; (3) Federal facilities that are very small quantity generators (VSQGs) that have never generated more than 100 kg of hazardous waste in any month; (4) Federal facilities that are solely hazardous waste transportation facilities, as reported under RCRA Section 3010; and (5) Federal facilities that have mixed mine or mill site ownership.

    An EPA policy issued in June 2003 provided guidance for a site-by-site evaluation as to whether “mixed ownership” mine or mill sites, typically created as a result of activities conducted pursuant to the General Mining Law of 1872 and never reported under Section 103(a), should be included on the Docket. For purposes of that policy, mixed ownership mine or mill sites are those located partially on private land and partially on public land. This policy is found at http://www.epa.gov/fedfac/policy-listing-mixed-ownership-mine-or-mill-sites-created-result-general-mining-law-1872. The policy of not including these facilities may change; facilities now omitted may be added at some point if EPA determines that they should be included.

    6.0 Facility NPL Status Reporting, Including NFRAP Status

    EPA tracks the NPL status of Federal facilities listed on the Docket. An updated list of the NPL status of all Docket facilities, as well as their NFRAP status, is available at http://www.epa.gov/fedfac/fedfacts or by contacting the EPA HQ Docket Coordinator at the address provided in the FOR FURTHER INFORMATION CONTACT section of this notice. In prior updates, information regarding NFRAP status changes was provided separately.

    7.0 Information Contained on Docket Listing

    The information is provided in three tables. The first table is a list of additional Federal facilities that are being added to the Docket. The second table is a list of Federal facilities that are being deleted from the Docket. The third table is for corrections.

    The Federal facilities listed in each table are organized by the date reported. Under each heading is listed the name and address of the facility, the Federal agency responsible for the facility, the statutory provision(s) under which the facility was reported to EPA, and a code.2

    2 Each Federal facility listed in the update has been assigned a code that indicates a specific reason for the addition or deletion. The code precedes this list.

    The statutory provisions under which a Federal facility is reported are listed in a column titled “Reporting Mechanism.” Applicable mechanisms are listed for each Federal facility: For example, Sections 3005, 3010, 3016, 103(c), or Other. “Other” has been added as a reporting mechanism to indicate those Federal facilities that otherwise have been identified to have releases or threat of releases of hazardous substances. The National Contingency Plan 40 CFR 300.405 addresses discovery or notification, outlines what constitutes discovery of a hazardous substance release, and states that a release may be discovered in several ways, including: (1) A report submitted in accordance with Section 103(a) of CERCLA, i.e., reportable quantities codified at 40 CFR part 302; (2) a report submitted to EPA in accordance with Section 103(c) of CERCLA; (3) investigation by government authorities conducted in accordance with Section 104(e) of CERCLA or other statutory authority; (4) notification of a release by a Federal or state permit holder when required by its permit; (5) inventory or survey efforts or random or incidental observation reported by government agencies or the public; (6) submission of a citizen petition to EPA or the appropriate Federal facility requesting a preliminary assessment, in accordance with Section 105(d) of CERCLA; (7) a report submitted in accordance with Section 311(b)(5) of the Clean Water Act; and (8) other sources. As a policy matter, EPA generally believes it is appropriate for Federal facilities identified through the CERCLA discovery and notification process to be included on the Docket.

    The complete list of Federal facilities that now make up the Docket and the NPL and NFRAP status are available to interested parties and can be obtained at http://www.epa.gov/fedfac/fedfacts or by contacting the EPA HQ Docket Coordinator at the address provided in the FOR FURTHER INFORMATION CONTACT section of this notice. As of the date of this notice, the total number of Federal facilities that appear on the Docket is 2,352.

    Dated: April 17, 2018. Paul Leonard, Acting Director, Federal Facilities Restoration and Reuse Office, Office of Land and Emergency Management. Categories for Deletion of Facilities

    (1) Small-Quantity Generator and Very Small Quantity Generator. Show citation box.

    (2) Never Federally Owned and/or Operated.

    (3) Formerly Federally Owned and/or Operated but not at time of listing.

    (4) No Hazardous Waste Generated.

    (5) (This code is no longer used.)

    (6) Redundant Listing/Site on Facility.

    (7) Combining Sites Into One Facility/Entries Combined.

    (8) Does Not Fit Facility Definition.

    Categories for Addition of Facilities

    (15) Small-Quantity Generator with either a RCRA 3016 or CERCLA 103 Reporting Mechanism.

    (16) One Entry Being Split Into Two (or more)/Federal Agency Responsibility Being Split. (16A) NPL site that is part of a Facility already listed on the Docket.

    (17) New Information Obtained Showing That Facility Should Be Included.

    (18) Facility Was a Site on a Facility That Was Disbanded; Now a Separate Facility.

    (19) Sites Were Combined Into One Facility.

    (19A) New Currently Federally Owned and/or Operated Facility Site.

    Categories for Corrections of Information About Facilities

    (20) Reporting Provisions Change.

    (20A) Typo Correction/Name Change/Address Change.

    (21) Changing Responsible Federal Agency. (If applicable, new responsible Federal agency submits proof of previously performed PA, which is subject to approval by EPA.)

    (22) Changing Responsible Federal Agency and Facility Name. (If applicable, new responsible Federal Agency submits proof of previously performed PA, which is subject to approval by EPA.)

    (24) Reporting Mechanism Determined To Be Not Applicable After Review of Regional Files.

    Federal Agency Hazardous Waste Compliance Docket Update #33—Additions Facility name Address City State Zip code Agency Reporting
  • mechanism
  • Code Date
    SEQUOYAH NUCLEAR PLANT SEQUOYAH ACCESS ROAD SODDY DAISY TN 37379 TVA RCRA 3010 17 Update #33. HIWASSEE HYDRO PLANT 600 POWERHOUSE ROAD MURPHY NC 28906 TVA RCRA 3010 17 Update #33. BLM—ELDER CREEK MINE 50 BASTIAN RD BATTLE MOUNTAIN NV 89820 INTERIOR RCRA 3010 17 Update #33. SPRING CREEK PARK SITE ATLANTIC OCEAN—SHORE OF JAMAICA BAY—PART OF THE NPS GATEWAY NATIONAL RECREATION AREA QUEENS NY 11414 INTERIOR CERCLA 103 17 Update #33. SAN FRANCISCO VA MEDICAL CENTER CLEMENT STREET SAN FRANCISCO CA 94121 VETERANS AFFAIRS RCRA 3010 17 Update #33.
    Federal Agency Hazardous Waste Compliance Docket Update #33—Deletions Facility name Address City State Zip code Agency Reporting
  • mechanism
  • Code Date
    24 RESEARCH PARKWAY 24 RESEARCH PARKWAY WALLINGFORD CT 6492 USPS CERCLA 103 2 12/8/2017 #1 RAVINE UNDER LAKE MONROE BLOOMINGTON IN 47401 CORPS OF ENGINEERS, CIVIL CERCLA 103 8 12/8/2017
    Federal Agency Hazardous Waste Compliance Docket Update #33—Corrections Facility name Address City State Zip code Agency Reporting
  • mechanism
  • Code Date
    PRESCOTT NF: UPPER LYNX CREEK MINES 344 SOUTH CORTEZ PRESCOTT AZ 86303 AGRICULTURE CERCLA 103 20a 9/27/2991 FS—BLUE JOHN MINE 344 SOUTH CORTEZ PRESCOTT AZ 86303 AGRICULTURE CERCLA 103 20a 9/27/2991
    [FR Doc. 2018-08971 Filed 5-7-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OLEM-2018-0012; FRL-9977-71-OLEM] Agency Information Collection Activities; Proposed Collection; Comment Request; State Program Adequacy Determination (Renewal) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency is planning to submit an information collection request (ICR), “State Program Adequacy Determination: Municipal Solid Waste Landfills (MSWLFs) and Non-Municipal, Non-Hazardous Waste Disposal Units that Receive Conditionally Exempt Small Quantity Generator (CESQG) Hazardous Waste.” (EPA ICR No. 1608.08, OMB Control No. 2050-0152) 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 July 9, 2018.

    ADDRESSES:

    Submit your comments, referencing Docket ID No. EPA-HQ-OLEM-2018-0012, 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:

    Craig Dufficy, Materials Recovery and Waste Management Division, Office of Resource Conservation and Recovery, mail code 5304P, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone number: 703-308-9037; fax number: 703-308-0514; 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 4010(c) of the Resource Conservation and Recovery Act (RCRA) of 1976 requires that EPA revise the landfill criteria promulgated under paragraph (1) of Section 4004(a) and Section 1008(a)(3). Section 4005(c) of RCRA, as amended by the Hazardous Solid Waste Amendments (HSWA) of 1984, requires states to develop and implement permit programs to ensure that MSWLFs and non-municipal, non-hazardous waste disposal units that receive household hazardous waste or CESQG hazardous waste are in compliance with the revised criteria for the design and operation of non-municipal, non-hazardous waste disposal units under 40 CFR part 257, subpart B and MSWLFs under 40 CFR part 258. (40 CFR part 257, subpart B and 40 CFR part 258 are henceforth referred to as the “revised federal criteria”.) Section 4005(c) of RCRA further mandates the EPA Administrator to determine the adequacy of state permit programs to ensure owner and/or operator compliance with the revised federal criteria. A state program that is deemed adequate to ensure compliance may afford flexibility to owners or operators in the approaches they use to meet federal requirements, significantly reducing the burden associated with compliance.

    In response to the statutory requirement in § 4005(c), EPA developed 40 CFR part 239, commonly referred to as the State Implementation Rule (SIR). The SIR describes the state application and EPA review procedures and defines the elements of an adequate state permit program.

    The collection of information from the state during the permit program adequacy determination process allows EPA to evaluate whether a program for which approval is requested is appropriate in structure and authority to ensure owner or operator compliance with the revised federal criteria. The SIR does not require the use of a particular application form. Section 239.3 of the SIR, however, requires that all state applications contain the following five components:

    (1) A transmittal letter requesting permit program approval.

    (2) A narrative description of the state permit program, including a demonstration that the state's standards for non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste are technically comparable to the Part 257, Subpart B criteria and/or that its MSWLF standards are technically comparable to the Part 258 criteria.

    (3) A legal certification demonstrating that the state has the authority to carry out the program.

    (4) Copies of state laws, regulations, and guidance that the state believes demonstrate program adequacy.

    (5) Copies of relevant state-tribal agreements if the state has negotiated with a tribe for the implementation of a permit program for non-municipal, non-hazardous waste disposal units that receive CESQG hazardous waste and/or MSWLFs on tribal lands.

    The EPA Administrator has delegated the authority to make determinations of adequacy, as contained in the statute, to the EPA Regional Administrator. The appropriate EPA Regional Office, therefore, will use the information provided by each state to determine whether the state's permit program satisfies the statutory test reflected in the requirements of 40 CFR part 239. In all cases, the information will be analyzed to determine the adequacy of the state's permit program for ensuring compliance with the federal revised criteria.

    Form numbers: None.

    Respondents/affected entities: Entities potentially affected by this section are States.

    Respondent's obligation to respond: Mandatory under Section 4005(c) of the Resource Conservation and Recovery Act (RCRA) of 1976.

    Estimated number of respondents: 12.

    Frequency of response: On occasion.

    Total estimated burden: 2,405 hours (per year). Burden is defined at 5 CFR 1320.03(b).

    Total estimated cost: $135,315 (per year) All costs are labor costs, there are no capital/start-up or O&M costs associated with this ICR.

    Changes in estimates: There is no change of 2,405 hours in the total estimated respondent burden compared with the ICR currently approved by OMB. This is a continuation of states revising or updating their state programs.

    Dated: April 24, 2018. Barnes Johnson, Director, Office of Resource Conservation and Recovery.
    [FR Doc. 2018-09771 Filed 5-7-18; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2017-0756; FRL-9977-20] Pesticide Experimental Use Permit; Receipt of Application; Reopening of Comment Period AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice; reopening of comment period.

    SUMMARY:

    EPA issued a notice in the Federal Register of March 9, 2018, concerning receipt of an application, 93167-EUP-R, from Oxitec Ltd. requesting an experimental use permit for the OX513A Aedes aegypti mosquitoes expressing tetracycline Trans-Activator Variant protein. This document reopens the comment period for 30 days. The comment period is being reopened because a large interest from the public, including several requests to extend the comment period to provide enough time for stakeholders to provide additional comments.

    DATES:

    Comments, identified by docket identification (ID) number EPA-HQ-OPP-2017-0756, must be received on or before June 7, 2018.

    ADDRESSES:

    Follow the detailed instructions provided under ADDRESSES in the Federal Register document of March 9, 2018 (83 FR 10475) (FRL-9972-86).

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    This document reopens the public comment period established in the Federal Register document of March 9, 2018 (83 FR 10475) (FRL-9972-86). EPA is hereby reopening the comment period for 30 days.

    To submit comments, or access the docket, please follow the detailed instructions provided under ADDRESSES in the Federal Register document of March 9, 2018 (83 FR 10475) (FRL-9972-86). If you have questions, consult the person listed under FOR FURTHER INFORMATION CONTACT.

    Authority:

    7 U.S.C. 136 et seq.

    Dated: April 30, 2018. Robert McNally, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.
    [FR Doc. 2018-09777 Filed 5-7-18; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of Receivership

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for the following insured depository institution, was charged with the duty of winding up the affairs of the former institution and liquidating all related assets. The Receiver has fulfilled its obligations and made all dividend distributions required by law.

    Notice of Termination of Receivership Fund Receivership name City State Termination date 10073 The Elizabeth State Bank Elizabeth IL 5/1/2018

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary, including but not limited to releases, discharges, satisfactions, endorsements, assignments, and deeds. Effective on the termination date listed above, the Receivership has been terminated, the Receiver has been discharged, and the Receivership has ceased to exist as a legal entity.

    Dated at Washington, DC, on May 3, 2018. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2018-09722 Filed 5-7-18; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than May 22, 2018.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. Westbury Bank ESOP, West Bend, Wisconsin; to retain voting shares of Westbury Bancorp, Inc., and thereby indirectly retain shares of Westbury Bank, both of West Bend, Wisconsin.

    Board of Governors of the Federal Reserve System, May 3, 2018. Yao-Chin Chao, Assistant Secretary of the Board.
    [FR Doc. 2018-09757 Filed 5-7-18; 8:45 am] BILLING CODE P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than June 6, 2018.

    A. Federal Reserve Bank of San Francisco (Gerald C. Tsai, Director, Applications and Enforcement) 101 Market Street, San Francisco, California 94105-1579:

    1. Pacific Premier Bancorp, Inc., Irvine, California; to acquire 100 percent of the voting shares of Grandpoint Capital, Inc., and thereby indirectly acquire Grandpoint Bank, both of Los Angeles, California.

    Board of Governors of the Federal Reserve System, May 3, 2018. Yao-Chin Chao, Assistant Secretary of the Board.
    [FR Doc. 2018-09756 Filed 5-7-18; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Healthcare Research and Quality Notice of Meetings AGENCY:

    Agency for Healthcare Research and Quality (AHRQ), HHS.

    ACTION:

    Notice of five AHRQ subcommittee meetings.

    SUMMARY:

    The subcommittees listed below are part of AHRQ's Health Services Research Initial Review Group Committee. Grant applications are to be reviewed and discussed at these meetings. Each subcommittee meeting will commence in open session before closing to the public for the duration of the meeting.

    DATES:

    See SUPPLEMENTARY INFORMATION for specific meeting dates and times.

    ADDRESSES:

    Hilton Rockville & Executive Meeting Center, 1750 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    (To obtain a roster of members, agenda or minutes of the non-confidential portions of the meetings.) Mrs. Bonnie Campbell, Committee Management Officer, Office of Extramural Research Education and Priority Populations, Agency for Healthcare Research and Quality (AHRQ), 5600 Fishers Lane, Rockville, Maryland 20857, Telephone (301) 427-1554.

    SUPPLEMENTARY INFORMATION:

    These meetings will be closed to the public in accordance with 5 U.S.C. App. 2 section 10(d), 5 U.S.C. 552b(c)(4), and 5 U.S.C. 552b(c)(6). In accordance with section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C. App. 2), AHRQ announces meetings of the above-listed scientific peer review groups, which are subcommittees of AHRQ's Health Services Research Initial Review Group Committees. Each subcommittee meeting will commence in open session before closing to the public for the duration of the meeting. The subcommittee meetings will be closed to the public in accordance with the provisions set forth in 5 U.S.C. App. 2 section 10(d), 5 U.S.C. 552b(c)(4), and 5 U.S.C. 552b(c)(6). 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.

    Agenda items for these meetings are subject to change as priorities dictate.

    The meeting dates and times are: 1. Health Care Research and Training (HCRT) Date: May 24-25, 2018 (Open from 8:00 a.m. to 8:30 a.m. on May 24th and closed for remainder of the meeting) 2. Health System and Value Research (HSVR) Date: June 6, 2018 (Open from 8:00 a.m. to 8:30 a.m. on June 6th and closed for remainder of the meeting) 3. Healthcare Effectiveness and Outcomes Research (HEOR) Date: June 6, 2018 (Open from 8:30 a.m. to 9:00 a.m. on June 6th and closed for remainder of the meeting) 4. Healthcare Safety and Quality Improvement Research (HSQR) Date: June 6-7, 2018 (Open from 7:30 a.m. to 8:00 a.m. on June 6th and closed for remainder of the meeting) 5. Healthcare Information Technology Research (HITR) Date: June 7-8, 2018 (Open from 8:00 a.m. to 8:30 a.m. on June 7th and closed for remainder of the meeting) Francis D. Chesley, Jr., Acting Deputy Director.
    [FR Doc. 2018-09744 Filed 5-7-18; 8:45 am] BILLING CODE 4160-90-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP)—RFA-CE-18-003; Correction

    Notice is hereby given of a change in the meeting of the Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP)—RFA-CE-18-003; May 16-17, 2018, 9:00 a.m.—5:00 p.m., EDT which was published in the Federal Register on April 6, 2018 Volume 83, Number 67, page 14854.

    The meeting place should read as follows: InterContinental Buckhead Atlanta, 3315 Peachtree Road NE, Atlanta, GA 30326.

    FOR FURTHER INFORMATION CONTACT:

    Dahna Batts, M.D., FACEP, Scientific Review Official, NCIPC, CDC, 4770 Buford Highway NE, Mailstop F-63, Atlanta, GA 30341, Telephone (404) 639-2485; Email: [email protected]

    The Director, Management Analysis and Services Office, has been delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Claudette Grant, Acting Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2018-09710 Filed 5-7-18; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1821] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice lists communities where the addition or modification of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or the regulatory floodway (hereinafter referred to as flood hazard determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports, prepared by the Federal Emergency Management Agency (FEMA) for each community, is appropriate because of new scientific or technical data. The FIRM, and where applicable, portions of the FIS report, have been revised to reflect these flood hazard determinations through issuance of a Letter of Map Revision (LOMR), in accordance with the Code of Federal Regulations. The LOMR will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings. For rating purposes, the currently effective community number is shown in the table below and must be used for all new policies and renewals.

    DATES:

    These flood hazard determinations will be finalized on the dates listed in the table below and revise the FIRM panels and FIS report in effect prior to this determination for the listed communities.

    From the date of the second publication of notification of these changes in a newspaper of local circulation, any person has 90 days in which to request through the community that the Deputy Associate Administrator for Insurance and Mitigation reconsider the changes. The flood hazard determination information may be changed during the 90-day period.

    ADDRESSES:

    The affected communities are listed in the table below. Revised flood hazard information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    Submit comments and/or appeals to the Chief Executive Officer of the community as listed in the table below.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The specific flood hazard determinations are not described for each community in this notice. However, the online location and local community map repository address where the flood hazard determination information is available for inspection is provided.

    Any request for reconsideration of flood hazard determinations must be submitted to the Chief Executive Officer of the community as listed in the table below.

    The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

    These flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. The flood hazard determinations are in accordance with 44 CFR 65.4.

    The affected communities are listed in the following table. Flood hazard determination information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: May 1, 2018. David I. Maurstad, Deputy Associate Administrator for Insurance and Mitigation (Acting), Department of Homeland Security, Federal Emergency Management Agency. State and county Location and case No. Chief executive
  • officer of community
  • Community map repository Online location of
  • letter of map revision
  • Date of modification Community
  • No.
  • Alabama: Lee City of Auburn (17-04-7132P) The Honorable Bill Ham, Jr., Mayor, City of Auburn, 144 Tichenor Avenue, Suite 1, Auburn, AL 36830 City Hall, 144 Tichenor Avenue, Suite 1, Auburn, AL 36830 https://msc.fema.gov/portal/advanceSearch Jul. 2, 2018 010144 Colorado: Boulder City of Louisville (18-08-0269X) The Honorable Bob Muckle, Mayor, City of Louisville, 749 Main Street, Louisville, CO 80027 City Hall, 749 Main Street, Louisville, CO 80027 https://msc.fema.gov/portal/advanceSearch Jul. 5, 2018 085076 Connecticut: New Haven City of New Haven (18-01-0359P) The Honorable Toni N. Harp, Mayor, City of New Haven, 165 Church Street, New Haven, CT 06510 Planning Department, 165 Church Street, New Haven, CT 06510 https://msc.fema.gov/portal/advanceSearch Jun. 22, 2018 090084 Florida: Broward City of Hollywood (17-04-3432P) The Honorable Josh Levy, Mayor, City of Hollywood, P.O. Box 229405, Hollywood, FL 33022 City Hall, 2600 Hollywood Boulevard, Hollywood, FL 33020 https://msc.fema.gov/portal/advanceSearch Jun. 20, 2018 125113 Charlotte City of Punta Gorda (18-04-1510P) The Honorable Rachel Keesling, Mayor, City of Punta Gorda, 326 West Marion Avenue, Punta Gorda, FL 33950 City Hall, 326 West Marion Avenue, Punta Gorda, FL 33950 https://msc.fema.gov/portal/advanceSearch Jun. 29, 2018 120062 Collier Unincorporated areas of Collier County (18-04-1140P) The Honorable Andy Solis, Chairman, Collier County Board of Commissioners, 3299 Tamiami Trail East, Suite 303, Naples, FL 34112 Collier County Growth Management Department, 2800 North Horseshoe Drive, Naples, FL 34104 https://msc.fema.gov/portal/advanceSearch Jul. 5, 2018 120067 Collier Unincorporated areas of Collier County (18-04-1791P) The Honorable Andy Solis, Chairman, Collier County Board of Commissioners, 3299 Tamiami Trail East, Suite 303, Naples, FL 34112 Collier County Growth Management Department, 2800 North Horseshoe Drive, Naples, FL 34104 https://msc.fema.gov/portal/advanceSearch Jul. 9, 2018 120067 Lee City of Sanibel (17-04-7625P) The Honorable Kevin Ruane, Mayor, City of Sanibel, 800 Dunlop Road, Sanibel, FL 33957 Planning Department, 800 Dunlop Road, Sanibel, FL 33957 https://msc.fema.gov/portal/advanceSearch Jun. 25, 2018 120402 Miami-Dade City of Miami (17-04-7381P) The Honorable Francis Suarez, Mayor, City of Miami, 3500 Pan American Drive, Miami, FL 33133 Building Department, 444 Southwest 2nd Avenue, Miami, FL 33133 https://msc.fema.gov/portal/advanceSearch Jun. 20, 2018 120650 Monroe City of Key West (18-04-1325P) The Honorable Craig Cates, Mayor, City of Key West, P.O. Box 1409, Key West, FL 33041 Building Department, 1300 White Street, Key West, FL 33040 https://msc.fema.gov/portal/advanceSearch Jul. 5, 2018 120168 Monroe Unincorporated areas of Monroe County (18-04-0838P) The Honorable David Rice, Mayor, Monroe County Board of Commissioners, 9400 Overseas Highway, Suite 210, Marathon, FL 33050 Monroe County Building Department, 9805 Overseas Highway, Suite 300, Marathon, FL 33050 https://msc.fema.gov/portal/advanceSearch Jun. 15, 2018 125129 Monroe Village of Islamorada (18-04-1512P) The Honorable Chris Sante, Mayor, Village of Islamorada, 86800 Overseas Highway, Islamorada, FL 33036 Planning and Development Department, 86800 Overseas Highway, Islamorada, FL 33036 https://msc.fema.gov/portal/advanceSearch Jul. 5, 2018 120424 Palm Beach Village of Tequesta (18-04-1101P) The Honorable Abby Brennan, Mayor, Village of Tequesta, 345 Tequesta Drive, Tequesta, FL 33469 Building Department, 345 Tequesta Drive, Tequesta, FL 33469 https://msc.fema.gov/portal/advanceSearch Jul. 2, 2018 120228 Pinellas City of Clearwater (18-04-0067P) The Honorable George N. Cretekos, Mayor, City of Clearwater, P.O. Box 4748, Clearwater, FL 33758 Engineering Department, 100 South Myrtle Avenue, Suite 220, Clearwater, FL 33758 https://msc.fema.gov/portal/advanceSearch Jul. 2, 2018 125096 Pinellas City of Clearwater (18-04-0912P) The Honorable George N. Cretekos, Mayor, City of Clearwater, P.O. Box 4748, Clearwater, FL 33758 Engineering Department, 100 South Myrtle Avenue, Suite 220, Clearwater, FL 33758 https://msc.fema.gov/portal/advanceSearch Jun. 25, 2018 125096 Sarasota Unincorporated areas of Sarasota County (18-04-1102P) The Honorable Nancy Detert, Chair, Sarasota County Board of Commissioners, 1660 Ringling Boulevard, Sarasota, FL 34236 Sarasota County Planning and Development Services Department, 1001 Sarasota Center Boulevard, Sarasota, FL 34240 https://msc.fema.gov/portal/advanceSearch Jun. 15, 2018 125144 Seminole City of Oviedo (17-04-2581P) The Honorable Dominic Persampiere, Mayor, City of Oviedo, 400 Alexandria Boulevard, Oviedo, FL 32765 Public Works Department, 1655 Evans Street, Oviedo, FL 32765 https://msc.fema.gov/portal/advanceSearch Jun. 15, 2018 120293 Seminole Unincorporated areas of Seminole County (17-04-2581P) The Honorable John Horan, Chairman, Seminole County Board of Commissioners, 1101 East 1st Street, Sanford, FL 32771 Seminole County Development Review Division, 1101 East 1st Street, Sanford, FL 32771 https://msc.fema.gov/portal/advanceSearch Jun. 15, 2018 120289 Maryland: Prince George's Unincorporated areas of Prince George's County (17-03-2338P) The Honorable Rushern L. Baker, III, Prince George's County Executive, 14741 Governor Oden Bowie Drive, Upper Marlboro, MD 20772 Prince George's County Department of Stormwater Management, 1801 McCormick Drive, Largo, MD 20774 https://msc.fema.gov/portal/advanceSearch Jun. 20, 2018 245208 Nevada: Clark Unincorporated areas of Clark County (17-09-2685P) The Honorable Steve Sisolak, Chairman, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89155 Clark County Department of Public Works, 500 South Grand Central Parkway, Las Vegas, NV 89155 https://msc.fema.gov/portal/advanceSearch Jun. 29, 2018 320003 New Hampshire: Hillsborough City of Manchester (17-01-0477P) The Honorable Theodore L. Gatsas, Mayor, City of Manchester, 1 City Hall Plaza, Manchester, NH 03101 Planning and Community Development Department, 1 City Hall Plaza, Manchester, NH 03101 https://msc.fema.gov/portal/advanceSearch Jun. 28, 2018 330169 North Carolina: Mitchell Unincorporated areas of Mitchell County (17-04-0891P) The Honorable Vern Grindstaff, Chairman, Mitchell County Board of Commissioners 26 Crimson Laurel Circle, Suite 2, Bakersville, NC 28705 Mitchell County Building Inspections Department, 130 Forest Service Drive, Suite B Bakersville, NC 28705 http://www.msc.fema.gov/lomc May 3, 2018 370161 Wake City of Raleigh (16-04-2597P) The Honorable Nancy McFarlane, Mayor, City of Raleigh, P.O. Box 590, Raleigh, NC 27602 Stormwater Management Division, 1 Exchange Plaza, Suite 304, Raleigh, NC 27601 http://www.msc.fema.gov/lomc Jun. 27, 2018 370243 Wake City of Raleigh (16-04-2710P) The Honorable Nancy McFarlane, Mayor, City of Raleigh, P.O. Box 590, Raleigh, NC 27602 Stormwater Management Division, 1 Exchange Plaza, Suite 304, Raleigh, NC 27601 http://www.msc.fema.gov/lomc Jun. 27, 2018 370243 Wake Town of Knightdale (16-04-2597P) The Honorable James Roberson, Mayor, Town of Knightdale, 950 Steeple Square Court, Knightdale, NC 27545 Town Hall, 950 Steeple Square Court, Knightdale, NC 27545 http://www.msc.fema.gov/lomc Jun. 27, 2018 370241 Pennsylvania: Bedford Borough of Hyndman (17-03-2585P) The Honorable Newton Huffman, Mayor, Borough of Hyndman, P.O. Box 74, Hyndman, PA 15545 Borough Hall, 3945 Center Street, Hyndman, PA 15545 https://msc.fema.gov/portal/advanceSearch Jun. 25, 2018 420121 Bedford Township of Londonderry (17-03-2585P) The Honorable Stephen Stouffer, Chairman, Township of Londonderry Board of Supervisors, P.O. Box 215, Hyndman, PA 15545 Township Hall, 4303 Hyndman Road, Hyndman, PA 15545 https://msc.fema.gov/portal/advanceSearch Jun. 25, 2018 421345 Dauphin Township of Derry (17-03-2539P) The Honorable Marc A. Moyer, Chairman, Township of Derry Board of Supervisors, 600 Clearwater Road, Hershey, PA 17033 Community Development Department, 600 Clearwater Road, Hershey, PA 17033 https://msc.fema.gov/portal/advanceSearch Jul. 6, 2018 420376 Lancaster Township of Manheim (17-03-1486P) Mr. Sean P. Molchany, Manager-Secretary, Township of Manheim, 1840 Municipal Drive, Lancaster, PA 17601 Township Hall, 1840 Municipal Drive, Lancaster, PA 17601 https://msc.fema.gov/portal/advanceSearch Jun. 15, 2018 420556 Lycoming Township of Loyalsock (18-03-0265P) Mr. William Burdett, Manager, Township of Loyalsock, 2501 East 3rd Street, Williamsport, PA 17701 Township Hall, 2501 East 3rd Street, Williamsport, PA 17701 https://msc.fema.gov/portal/advanceSearch Jun. 19, 2018 421040 Somerset Borough of Rockwood (18-03-0266P) The Honorable Melissa Cramer, Mayor, Borough of Rockwood, 669 Somerset Avenue, Rockwood, PA 15557 Borough Hall, 669 Somerset Avenue, Rockwood, PA 15557 https://msc.fema.gov/portal/advanceSearch Jun. 20, 2018 422045 South Carolina: Berkley Unincorporated areas of Berkley County (18-04-1462P) The Honorable William W. Peagler, III, Berkley County Supervisor, P.O. Box 6122, Moncks Corner, SC 29461 Berkeley County Planning and Zoning Department, 1003 Highway 52, Moncks Corner, SC 29461 https://msc.fema.gov/portal/advanceSearch Jul. 5, 2018 450029 Charleston City of Folly Beach (17-04-4686P) The Honorable Timothy M. Goodwin, Mayor, City of Folly Beach, P.O. Box 48, Folly Beach, SC 29439 Building Department, 21 Center Street, Folly Beach, SC 29439 https://msc.fema.gov/portal/advanceSearch Jun. 20, 2018 455415 York Town of Fort Mill (18-04-0146P) The Honorable Guynn Savage, Mayor, Town of Fort Mill, P.O. Box 159, Fort Mill, SC 29716 Town Hall, 200 Tom Hall Street, Fort Mill, SC 29715 https://msc.fema.gov/portal/advanceSearch Jun. 27, 2018 450195 York Unincorporated areas of York County (18-04-0146P) The Honorable Britt Blackwell, Chairman, York County Council, P.O. Box 66, Rock Hill, SC 29745 York County Planning and Development Department, 1070 Heckle Boulevard, Suite 107, Rock Hill, SC 29732 https://msc.fema.gov/portal/advanceSearch Jun. 27, 2018 450193 South Dakota: Pennington City of Rapid City (17-08-1343P) The Honorable Steve Allender, Mayor, City of Rapid City, 300 6th Street, Rapid City, SD 57701 Public Works Department, Engineering Services Division, 300 6th Street, Rapid City, SD 57701 https://msc.fema.gov/portal/advanceSearch Jun. 29, 2018 465420 Texas: Bexar City of Balcones Heights (17-06-0549P) The Honorable Suzanne de Leon, Mayor, City of Balcones Heights, 3300 Hillcrest Drive, Balcones Heights, TX 78201 Community Development Department, 3300 Hillcrest Drive, Balcones Heights, TX 78201 https://msc.fema.gov/portal/advanceSearch Jul. 2, 2018 481094 Bexar City of Kirby (17-06-3964P) The Honorable Lisa B. Pierce Mayor, City of Kirby, 112 Bauman Street, Kirby, TX 78219 City Hall, 112 Bauman Street, Kirby, TX 78219 https://msc.fema.gov/portal/advanceSearch Jun. 28, 2018 480041 Bexar City of Leon Valley (17-06-2511P) The Honorable Chris Riley, Mayor, City of Leon Valley, 6400 El Verde Road, Leon Valley, TX 78238 Community Development Department, 6400 El Verde Road, Leon Valley, TX 78238 https://msc.fema.gov/portal/advanceSearch Jul. 2, 2018 480042 Bexar City of Leon Valley (17-06-2527P) The Honorable Chris Riley, Mayor, City of Leon Valley, 6400 El Verde Road, Leon Valley, TX 78238 Community Development Department, 6400 El Verde Road, Leon Valley, TX 78238 https://msc.fema.gov/portal/advanceSearch Jul. 2, 2018 480042 Bexar City of San Antonio (17-06-0549P) The Honorable Ron Nirenberg, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283 Transportation and Capital Improvements Department, Storm Water Division, 1901 South Alamo Street, 2nd Floor, San Antonio, TX 78204 https://msc.fema.gov/portal/advanceSearch Jul. 2, 2018 480045 Bexar City of San Antonio (17-06-0568P) The Honorable Ron Nirenberg, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283 Transportation and Capital Improvements Department, Storm Water Division, 1901 South Alamo Street, 2nd Floor, San Antonio, TX 78204 https://msc.fema.gov/portal/advanceSearch Jun. 25, 2018 480045 Bexar City of San Antonio (17-06-2972P) The Honorable Ron Nirenberg, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283 Transportation and Capital Improvements Department, Storm Water Division, 1901 South Alamo Street, 2nd Floor, San Antonio, TX 78204 https://msc.fema.gov/portal/advanceSearch Jul. 2, 2018 480045 Brazoria City of Manvel (17-06-3110P) The Honorable Debra Davison, Mayor, City of Manvel, 20025 Highway 6, Manvel, TX 77578 City Hall, 20025 Highway 6, Manvel, TX 77578 https://msc.fema.gov/portal/advanceSearch Jun. 29, 2018 480076 Brazoria City of Pearland (17-06-3110P) Mr. Clay Pearson, Manager, City of Pearland, 3519 Liberty Drive, Pearland, TX 77581 City Hall, 3519 Liberty Drive, Pearland, TX 77581 https://msc.fema.gov/portal/advanceSearch Jun. 29, 2018 480077 Brazoria Unincorporated areas of Brazoria County (17-06-3110P) The Honorable L.M. “Matt” Sebesta, Jr., Brazoria County Judge, 111 East Locust Street, Suite 102A, Angleton, TX 77515 Brazoria County West Annex, 451 North Velasco, Suite 210, Angleton, TX 77515 https://msc.fema.gov/portal/advanceSearch Jun. 29, 2018 485458 Collin Town of Plano (17-06-3654P) The Honorable Harry LaRosiliere, Mayor, City of Plano, 1520 K Avenue, Plano, TX 75074 Engineering Department, 1520 K Avenue, Plano, TX 75074 https://msc.fema.gov/portal/advanceSearch Jun. 15, 2018 480140 El Paso City of El Paso (18-06-0747P) Mr. Tommy Gonzales, Manager, City of El Paso, 300 North Campbell Street, El Paso, TX 79901 City Hall, 801 Texas Avenue, El Paso, TX 79901 https://msc.fema.gov/portal/advanceSearch Jun. 18, 2018 480214 Harris Unincorporated areas of Harris County (17-06-1728P) The Honorable Edward M. Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002 Harris County Permit Office, 10555 Northwest Freeway, Suite 120, Houston, TX 77002 https://msc.fema.gov/portal/advanceSearch Jun. 11, 2018 480287 Harris Unincorporated areas of Harris County (17-06-3887P) The Honorable Edward M. Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002 Harris County Permit Office, 10555 Northwest Freeway, Suite 120, Houston, TX 77002 https://msc.fema.gov/portal/advanceSearch Jun. 11, 2018 480287 Harris Unincorporated areas of Harris County (18-06-0276P) The Honorable Edward M. Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002 Harris County Permit Office, 10555 Northwest Freeway, Suite 120, Houston, TX 77002 https://msc.fema.gov/portal/advanceSearch Jun. 18, 2018 480287 Lamar City of Paris (17-06-3047P) The Honorable Steve Clifford, Mayor, City of Paris, P.O. Box 9037, Paris, TX 75460 Engineering, Planning and Development Department, 150 Southeast 1st Street, Paris, TX 75460 https://msc.fema.gov/portal/advanceSearch Jul 3, 2018 480427 Tarrant City of Arlington (17-06-3146P) The Honorable W. Jeff Williams, Mayor, City of Arlington, P.O. Box 90231, Arlington, TX 76010 City Hall, 101 West Abram Street, Arlington, TX 76010 https://msc.fema.gov/portal/advanceSearch Jun. 29, 2018 485454 Tarrant City of Fort Worth (17-06-4262P) The Honorable Betsy Price, Mayor, City of Fort Worth, 200 Texas Street, Fort Worth, TX 76102 Transportation and Public Works Department, 200 Texas Street, Fort Worth, TX 76102 https://msc.fema.gov/portal/advanceSearch Jun. 25, 2018 480596 Tarrant City of Grand Prairie (17-06-3146P) The Honorable Ron Jensen, Mayor, City of Grand Prairie, P.O. Box 534045, Grand Prairie, TX 75053 City Hall, 206 West Church Street, Grand Prairie, TX 75050 https://msc.fema.gov/portal/advanceSearch Jun. 29, 2018 485472 Williamson City of Taylor (17-06-2515P) The Honorable Brandt Rydell, Mayor, City of Taylor, 400 Porter Street, Taylor, TX 76574 Department of Public Works, 400 Porter Street, Taylor, TX 76574 https://msc.fema.gov/portal/advanceSearch Jun. 29, 2018 480670 Utah: Washington City of Washington (17-08-1258P) The Honorable Ken Neilson, Mayor, City of Washington, 111 North 100 East, Washington, UT 84780 Public Works Department, 1305 East Washington Dam Road, Washington, UT 84780 https://msc.fema.gov/portal/advanceSearch Jul. 9, 2018 490182 Virginia: Fairfax Unincorporated areas of Fairfax County (17-03-2338P) Mr. Bryan Hill, Fairfax County Executive, 12000 Government Center Parkway, Fairfax, VA 22035 Fairfax County Government Center, 12000 Government Center Parkway, Suite 449, Fairfax, VA 22035 https://msc.fema.gov/portal/advanceSearch Jun. 20, 2018 515525 Loudoun Town of Leesburg (18-03-0635P) The Honorable Kelly Burk, Mayor, Town of Leesburg, 25 West Market Street, Leesburg, VA 20176 Department of Plan Review, 25 West Market Street, Leesburg, VA 20176 https://msc.fema.gov/portal/advanceSearch Jul. 6, 2018 510091 Prince William Unincorporated areas of Prince William County (17-03-1826P) Mr. Christopher E. Martino, Executive, Prince William County, 1 County Complex Court, Prince William, VA 22192 Prince William County Department of Public Works, 5 County Complex Court, Prince William, VA 22192 https://msc.fema.gov/portal/advanceSearch Jun. 28, 2018 510119
    [FR Doc. 2018-09699 Filed 5-7-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002] Final Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final notice.

    SUMMARY:

    Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below.

    The FIRM and FIS report are the basis of the floodplain management measures that a community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report are used by insurance agents and others to calculate appropriate flood insurance premium rates for buildings and the contents of those buildings.

    DATES:

    The date of June 20, 2018 has been established for the FIRM and, where applicable, the supporting FIS report showing the new or modified flood hazard information for each community.

    ADDRESSES:

    The FIRM, and if applicable, the FIS report containing the final flood hazard information for each community is available for inspection at the respective Community Map Repository address listed in the tables below and will be available online through the FEMA Map Service Center at https://msc.fema.gov by the date indicated above.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the new or modified flood hazard information for each community listed. Notification of these changes has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification.

    This final notice is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

    Interested lessees and owners of real property are encouraged to review the new or revised FIRM and FIS report available at the address cited below for each community or online through the FEMA Map Service Center at https://msc.fema.gov. The flood hazard determinations are made final in the watersheds and/or communities listed in the table below.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Date: May 1, 2018. David I. Maurstad, Deputy Associate Administrator for Insurance and Mitigation (Acting), Department of Homeland Security, Federal Emergency Management Agency. Community Community map repository address Kent County, Delaware and Incorporated Areas Docket No.: FEMA-B-1701 Unincorporated Areas of Kent County Kent County Administrative Complex, Department of Planning Services, 555 Bay Road, Dover, DE 19901. Sussex County, Delaware and Incorporated Areas Docket No.: FEMA-B-1701 City of Seaford City Hall, 414 High Street, Seaford, DE 19973. Town of Bridgeville Town Hall, 101 North Main Street, Bridgeville, DE 19933. Town of Georgetown Town Hall, 39 The Circle, Georgetown, DE 19947. Town of Laurel Code Enforcement Office, 201 Mechanic Street, Laurel, DE 19956. Town of Millsboro Town Center, 322 Wilson Highway, Millsboro, DE 19966. Unincorporated Areas of Sussex County Sussex County Planning and Zoning Department, 2 The Circle, Georgetown, DE 19947. Orange County, Florida and Incorporated Areas Docket No.: FEMA-B-1701 City of Orlando City Hall, Permitting Services, 400 South Orange Avenue, 1st Floor, Orlando, FL 32801. Unincorporated Areas of Orange County Orange County Stormwater Management Division, 4200 South John Young Parkway, Orlando, FL 32839. Bladen County, North Carolina and Incorporated Areas Docket No.: FEMA-B-1523 Unincorporated Areas of Bladen County Bladen County Planning Department, 450 Smith Circle #N8, Elizabethtown, NC 28337. Cumberland County, North Carolina and Incorporated Areas Docket No.: FEMA-B-1445 Unincorporated Areas of Cumberland County Cumberland County Engineering and Infrastructure Department, 130 Gillespie Street, Fayetteville, NC 28301. Duplin County, North Carolina and Incorporated Areas Docket No.: FEMA-B-1523 Town of Beulaville Town Hall, 508 East Main Street, Beulaville, NC 28518. Town of Wallace Town Hall, 316 East Murray Street, Wallace, NC 28466. Town of Warsaw Town Hall, 121 South Front Street, Warsaw, NC 28398. Unincorporated Areas of Duplin County Duplin County Planning Department, 117 Beasley Street, Kenansville, NC 28349. Johnston County, North Carolina and Incorporated Areas Docket No.: FEMA-B-1445 Town of Clayton Town Hall, 111 East 2nd Street, Clayton, NC 27520. Town of Four Oaks Town Hall, 304 North Main Street, Four Oaks, NC 27524. Town of Pine Level Town Hall, 306 East Brown Street, Pine Level, NC 27568. Town of Princeton Town Hall, 503 Doctor Donnie H. Jones, Jr. Boulevard W, Princeton, NC 27569. Town of Selma Planning Department, 114 North Raiford Street, Selma, NC 27576. Town of Smithfield Town Hall, 350 East Market Street, Smithfield, NC 27577. Town of Wilson's Mills Town Hall, 100 Railroad Street, Wilson's Mills, NC 27593. Unincorporated Areas of Johnston County Johnston County Planning Department, 309 East Market Street, Smithfield, NC 27577. Sampson County, North Carolina and Incorporated Areas Docket No.: FEMA-B-1523 City of Clinton Clinton-Sampson Planning and Zoning, 227 Lisbon Street, Clinton, NC 28328. Town of Autryville Town Hall, 215 North Gray Street, Autryville, NC 28318. Town of Garland Town Hall, 190 South Church Street, Garland, NC 28441. Town of Newton Grove Town Hall, 304 West Weeksdale Street, Newton Grove, NC 28366. Unincorporated Areas of Sampson County Sampson County Planning and Zoning Department, 227 Lisbon Street, Clinton, NC 28328. Wayne County, North Carolina and Incorporated Areas Docket No.: FEMA-B-1445 City of Goldsboro City Hall, 222 North Center Street, Goldsboro, NC 27530. Town of Fremont Town Hall, 120 East Main Street, Fremont, NC 27830. Town of Mount Olive Town Hall, 114 East James Street, Mount Olive, NC 28365. Town of Pikeville Town Hall, 100 West School Street, Pikeville, NC 27863. Unincorporated Areas of Wayne County Wayne County Manager's Office, 224 East Walnut Street, Goldsboro, NC 27533. Village of Walnut Creek Walnut Creek Village Hall, 100 Village Drive, Goldsboro, NC 27532.
    [FR Doc. 2018-09773 Filed 5-7-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final Notice.

    SUMMARY:

    New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities. The flood hazard determinations modified by each LOMR will be used to calculate flood insurance premium rates for new buildings and their contents.

    DATES:

    Each LOMR was finalized as in the table below.

    ADDRESSES:

    Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at https://msc.fema.gov.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final flood hazard determinations as shown in the LOMRs for each community listed in the table below. Notice of these modified flood hazard determinations has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification.

    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

    The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).

    This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.

    This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings, and for the contents in those buildings. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.

    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at https://msc.fema.gov.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: May 1, 2018. David I. Maurstad, Deputy Associate Administrator for Insurance and Mitigation (Acting), Department of Homeland Security, Federal Emergency Management Agency. State and county Location and
  • case No.
  • Chief executive officer of
  • community
  • Community map
  • repository
  • Date of
  • modification
  • Community
  • No.
  • Arkansas: Benton, (FEMA Docket No.: B-1803) City of Lowell, (17-06-1806P) The Honorable Eldon Long, Mayor, City of Lowell, 216 North Lincoln Street, Lowell, AR 72745 City Hall, 216 North Lincoln Street, Lowell, AR 72745 Mar. 26, 2018 050342 Colorado: Jefferson, (FEMA Docket No.: B-1803) City of Westminster, (17-08-0650P) The Honorable Herb Atchison, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80031 City Hall, 4800 West 92nd Avenue, Westminster, CO 80031 Apr. 6, 2018 080008 Florida: Brevard, (FEMA Docket No.: B-1803) City of Cocoa Beach, (17-04-7481P) The Honorable Ben Malik, Mayor, City of Cocoa Beach, P.O. Box 322430, Cocoa Beach, FL 32932 Development Services Department, 2 South Orlando Avenue, Cocoa Beach, FL 32931 Apr. 5, 2018 125097 DeSoto, (FEMA Docket No.: B-1803) Unincorporated areas of DeSoto County, (17-04-5738P) The Honorable Elton Langford, Chairman, DeSoto County Board of Commissioners, 201 East Oak Street, Suite 201, Arcadia, FL 34266 DeSoto County Planning and Zoning Department, 201 East Oak Street, Suite 204, Arcadia, FL 34266 Mar. 23, 2018 120072 Hillsborough, (FEMA Docket No.: B-1803) Unincorporated areas of Hillsborough County, (17-04-1127P) The Honorable Stacy White, Chairman, Hillsborough County Board of Commissioners, 601 East Kennedy Boulevard, Tampa, FL 33602 Hillsborough County Development Services Department, 601 East Kennedy Boulevard, Tampa, FL 33602 Apr. 4, 2018 120112 Lake, (FEMA Docket No.: B-1803) Unincorporated areas of Lake County, (17-04-3997P) The Honorable Timothy I. Sullivan, Chairman, Lake County Board of Commissioners, P.O. Box 7800, Tavares, FL 32778 Lake County Public Works Department, 437 Ardice Avenue, Eustis, FL 32726 Mar. 29, 2018 120421 Lee, (FEMA Docket No.: B-1803) Unincorporated areas of Lee County, (17-04-7100P) The Honorable Mr. John Manning, Chairman, Lee County Board of Commissioners, P.O. Box 398, Fort Myers, FL 33902 Lee County Building Department, 1500 Monroe Street, Fort Myers, FL 33901 Apr. 3, 2018 125124 Georgia: Cobb, (FEMA Docket No.: B-1803) City of Powder Springs, (17-04-7207P) The Honorable Al Thurman, Mayor, City of Powder Springs, P.O. Box 46, Powder Springs, GA 30127 Community Development Department, 4488 Pineview Drive, Powder Springs, GA 30127 Apr. 9, 2018 130056 Cobb, (FEMA Docket No.: B-1803) Unincorporated areas of Cobb County, (17-04-7207P) The Honorable Mike Boyce, Chairman, Cobb County Board of Commissioners, 100 Cherokee Street, Marietta, GA 30090 Cobb County Stormwater Management Division, 680 South Cobb Drive, Marietta, GA 30060 Apr. 9, 2018 130052 New Mexico: Bernalillo, (FEMA Docket No.: B-1807) Unincorporated areas of Bernalillo County, (17-06-3952P) Ms. Julie Morgas Baca, Manager, Bernalillo County, 1 Civic Plaza Northwest, Albuquerque, NM 87102 Bernalillo County Public Works Division, 2400 Broadway Southeast, Albuquerque, NM 87102 Apr. 6, 2018 350001 North Carolina: Durham, (FEMA Docket No.: B-1816) Unincorporated areas of Durham County, (17-04-2721P) The Honorable Wendy Jacobs, Chair, Durham County Board of Commissioners, 200 East Main Street, 2nd Floor, Durham, NC 27701 Durham County Stormwater Services Department, 101 City Hall Plaza, Durham, NC 27701 Feb. 21, 2018 370085 Orange, (FEMA Docket No.: B-1803) Town of Chapel Hill, (17-04-3137P) The Honorable Pam Hemminger, Mayor, Town of Chapel Hill, 405 Martin Luther King Jr. Boulevard, Chapel Hill, NC 27514 Stormwater Management Program Department, 208 North Columbia Street, Chapel Hill, NC 27514 Mar. 13, 2018 370180 Wayne, (FEMA Docket No.: B-1816) City of Goldsboro, (16-04-6905P) The Honorable Chuck Allen, Mayor, City of Goldsboro, P.O. Drawer A, Goldsboro, NC 27533 City Hall, 200 North Center Street, Goldsboro, NC 27530 Apr. 6, 2018 370255 Wayne, (FEMA Docket No.: B-1816 ) Unincorporated areas of Wayne County, (16-04-6905P) The Honorable Bill Pate, Chairman, Wayne County Board of Commissioners, 224 East Walnut Street, Goldsboro, NC 27530 Wayne County Planning Department, 134 North John Street, Goldsboro, NC 27530 Apr. 6, 2018 370254 Oklahoma: Tulsa, (FEMA Docket No.: B-1807) City of Bixby, (17-06-2611P) The Honorable John Easton, Mayor, City of Bixby, P.O. Box 70, Bixby, OK 74008 Planning Department, 116 West Needles, Bixby, OK 74008 Apr. 9, 2018 400207 Tulsa, (FEMA Docket No.: B-1807) City of Tulsa, (17-06-2611P) The Honorable G. T. Bynum, Mayor, City of Tulsa, 175 East 2nd Street, 15th Floor, Tulsa, OK 74103 Planning and Development Department, 175 East 2nd Street, Tulsa, OK 74103 Apr. 9, 2018 405381 Texas: Bexar, (FEMA Docket No.: B-1803) City of San Antonio, (17-06-2000P) The Honorable Ron Nirenberg, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283 Transportation and Capital Improvements Department, Storm Water Division, 1901 South Alamo Street, 2nd Floor, San Antonio, TX 78284 Mar. 30, 2018 480045 Collin, (FEMA Docket No.: B-1803) City of Frisco, (17-06-3743P) The Honorable Jeff Cheney, Mayor, City of Frisco, 6101 Frisco Square Boulevard, Frisco, TX 75034 Engineering Services Department, 11300 Research Road, Frisco, TX 75033 Apr. 9, 2018 480134 Collin, (FEMA Docket No.: B-1803) City of McKinney, (17-06-2726P) The Honorable George Fuller, Mayor, City of McKinney, P.O. Box 517, McKinney, TX 75070 Engineering Department, 221 North Tennessee Street, McKinney, TX 75069 Apr. 2, 2018 480135 Collin, (FEMA Docket No.: B-1803) City of McKinney, (17-06-3589P) The Honorable George Fuller, Mayor, City of McKinney, P.O. Box 517, McKinney, TX 75070 Engineering Department, 221 North Tennessee Street, McKinney, TX 75069 Mar. 26, 2018 480135 Collin, (FEMA Docket No.: B-1810) City of Murphy, (17-06-1778P) Mr. Mike Castro, Ph.D., Manager, City of Murphy, 206 North Murphy Road, Murphy, TX 75094 City Hall, 206 North Murphy Road, Murphy, TX 75094 Apr. 6, 2018 480137 Dallas, (FEMA Docket No.: B-1810) City of Dallas, (17-06-2978P) The Honorable Michael S. Rawlings, Mayor, City of Dallas, 1500 Marilla Street, Suite 5EN, Dallas, TX 75201 Engineering Department, 320 East Jefferson Boulevard, Room 200, Dallas, TX 75203 Mar. 26, 2018 480171 Denton, (FEMA Docket No.: B-1803) Town of Prosper, (17-06-2975P) The Honorable Ray Smith, Mayor, Town of Prosper, P.O. Box 307, Prosper, TX 75078 Engineering Department, 407 East 1st Street, Prosper, TX 75078 Mar. 29, 2018 480141 Harris, (FEMA Docket No.: B-1803) Unincorporated areas of Harris County, (17-06-3082P) The Honorable Edward M. Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002 Harris County Permit Office, 10555 Northwest Freeway, Suite 120, Houston, TX 77092 Apr. 2, 2018 480287 Harris and Montgomery, (FEMA Docket No.: B-1810) City of Houston, (17-06-2680P) The Honorable Sylvester Turner, Mayor, City of Houston, P.O. Box 1562, Houston, TX 77251 Department of Public Works and Engineering, 1002 Washington Avenue, 3rd Floor, Houston, TX 77002 Apr. 9, 2018 480296 Johnson, (FEMA Docket No.: B-1803) City of Burleson, (17-06-2604P) The Honorable Ken Shatter, Mayor, City of Burleson, 141 West Renfro Street, Burleson, TX 76028 Public Works Department, 725 Southeast John Jones Drive, Burleson, TX 76028 Apr. 6, 2018 485459 Montgomery, (FEMA Docket No.: B-1810) City of Conroe, (17-06-2100P) The Honorable Toby Powell, Mayor, City of Conroe, 300 West Davis Street, Conroe, TX 77301 Engineering Department, 300 West Davis Street, Conroe, TX 77301 Apr. 9, 2018 480484 Montgomery, (FEMA Docket No.: B-1810) City of Panorama Village, (17-06-2100P) The Honorable Lynn Scott, Mayor, City of Panorama Village, 99 Hiwon Drive, Panorama Village, TX 77304 City Hall, 99 Hiwon Drive, Panorama Village, TX 77304 Apr. 9, 2018 481263 Montgomery, (FEMA Docket No.: B-1810) Unincorporated areas of Montgomery County, (17-06-2680P) The Honorable Craig B. Doyal, Montgomery County Judge, 501 North Thompson Street, Suite 401, Conroe, TX 77301 Montgomery County, Permit Department, 501 North Thompson Street, Suite 100, Conroe, TX 77301 Apr. 9, 2018 480483 Tarrant (FEMA Docket No.: B-1807) City of Fort Worth, (17-06-2262P) The Honorable Betsy Price, Mayor, City of Fort Worth, 200 Texas Street, Fort Worth, TX 76102 Transportation and Public Works Department, 200 Texas Street, Fort Worth, TX 76102 Apr. 9, 2018 480596 Tarrant, (FEMA Docket No.: B-1807) City of Westworth Village, (17-06-2290P) The Honorable Michael R. Coleman, Mayor, City of Westworth Village, 311 Burton Hill Road, Westworth Village, TX 76114 City Hall, 311 Burton Hill Road, Westworth Village, TX 76114 Apr. 5, 2018 480616 Travis, (FEMA Docket No.: B-1807) City of Pflugerville, (17-06-3700P) The Honorable Victor Gonzales, Mayor, City of Pflugerville, P.O. Box 589, Pflugerville, TX 78691 Development Services Department, 201-B East Pecan Street, Pflugerville, TX 78691 Apr. 9, 2018 481028 Virginia: Fauquier, (FEMA Docket No.: B-1803) Unincorporated areas of Fauquier County, (17-03-1541P) The Honorable Richard R. Gerhardt, Chairman, Fauquier County Board of Supervisors, 10 Hotel Street, Suite 208, Warrenton, VA 20186 Fauquier County Circuit Court, 29 Ashby Street, 3rd Floor, Warrenton, VA 20186 Apr. 5, 2018 510055
    [FR Doc. 2018-09775 Filed 5-7-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4360-DR; Docket ID FEMA-2018-0001] Ohio; Major Disaster and Related Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This is a notice of the Presidential declaration of a major disaster for the State of Ohio (FEMA-4360-DR), dated April 17, 2018, and related determinations.

    DATE:

    The declaration was issued April 17, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that, in a letter dated April 17, 2018, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), as follows:

    I have determined that the damage in certain areas of the State of Ohio resulting from severe storms, flooding, and landslides during the period of February 14-25, 2018, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of Ohio.

    In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.

    You are authorized to provide Public Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation will be limited to 75 percent of the total eligible costs. Federal funds provided under the Stafford Act for Public Assistance also will be limited to 75 percent of the total eligible costs, with the exception of projects that meet the eligibility criteria for a higher Federal cost-sharing percentage under the Public Assistance Alternative Procedures Pilot Program for Debris Removal implemented pursuant to section 428 of the Stafford Act.

    Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Steven Johnson, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.

    The following areas of the State of Ohio have been designated as adversely affected by this major disaster:

    Adams, Athens, Belmont, Brown, Columbiana, Gallia, Hamilton, Jackson, Lawrence, Meigs, Monroe, Muskingum, Noble, Perry, Pike, Scioto, Vinton, and Washington Counties for Public Assistance.

    All areas within the State of Ohio are eligible for assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    Brock Long, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2018-09791 Filed 5-7-18; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1827] Proposed Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    Comments are requested on proposed flood hazard determinations, which may include additions or modifications of any Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area (SFHA) boundary or zone designation, or regulatory floodway on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the preliminary FIRM, and where applicable, the FIS report that the Federal Emergency Management Agency (FEMA) has provided to the affected communities. The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report, once effective, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings.

    DATES:

    Comments are to be submitted on or before August 6, 2018.

    ADDRESSES:

    The Preliminary FIRM, and where applicable, the FIS report for each community are available for inspection at both the online location https://www.fema.gov/preliminaryfloodhazarddata and the respective Community Map Repository address listed in the tables below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    You may submit comments, identified by Docket No. FEMA-B-1827, to Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    FEMA proposes to make flood hazard determinations for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).

    These proposed flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. These flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings built after the FIRM and FIS report become effective.

    The communities affected by the flood hazard determinations are provided in the tables below. Any request for reconsideration of the revised flood hazard information shown on the Preliminary FIRM and FIS report that satisfies the data requirements outlined in 44 CFR 67.6(b) is considered an appeal. Comments unrelated to the flood hazard determinations also will be considered before the FIRM and FIS report become effective.

    Use of a Scientific Resolution Panel (SRP) is available to communities in support of the appeal resolution process. SRPs are independent panels of experts in hydrology, hydraulics, and other pertinent sciences established to review conflicting scientific and technical data and provide recommendations for resolution. Use of the SRP only may be exercised after FEMA and local communities have been engaged in a collaborative consultation process for at least 60 days without a mutually acceptable resolution of an appeal. Additional information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.

    The watersheds and/or communities affected are listed in the tables below. The Preliminary FIRM, and where applicable, FIS report for each community are available for inspection at both the online location https://www.fema.gov/preliminaryfloodhazarddata and the respective Community Map Repository address listed in the tables. For communities with multiple ongoing Preliminary studies, the studies can be identified by the unique project number and Preliminary FIRM date listed in the tables. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: May 1, 2018. David I. Maurstad, Deputy Associate Administrator for Insurance and Mitigation (Acting), Department of Homeland Security, Federal Emergency Management Agency. Community Community map repository address Galveston County, Texas and Incorporated Areas Project: 06-06-A614S Preliminary Date: September 27, 2012 and February 28, 2018 City of Hitchcock City Hall, 7423 Highway 6, Hitchcock, TX 77563. Unincorporated Areas of Galveston County Galveston County Courthouse, 722 Moody Avenue, Galveston, TX 77550. Village of Tiki Island City Hall, 802 Tiki Drive, Tiki Island, TX 77554.
    [FR Doc. 2018-09782 Filed 5-7-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4302-DR; Docket ID FEMA-2018-0001] Hoopa Valley Tribe; Amendment No. 1 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster for the Hoopa Valley Tribe (FEMA-4302-DR), dated February 14, 2017, and related determinations.

    DATES:

    This amendment was issued April 17, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that, in a letter dated April 17, 2018, the President amended the cost-sharing arrangements regarding Federal funds provided under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), in a letter to Brock Long, Administrator, Federal Emergency Management Agency, Department of Homeland Security, under Executive Order 12148, as follows:

    I have determined that the damage to the lands associated with the Hoopa Valley Tribe resulting from a severe winter storm during the period of January 3-5, 2017, is of sufficient severity and magnitude that special cost-sharing arrangements are warranted regarding Federal funds provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”).

    Therefore, I amend my declaration of February 14, 2017, to authorize Federal funds for all categories of Public Assistance at 90 percent of total eligible costs.

    This adjustment to the cost sharing applies only to Public Assistance costs and direct Federal assistance eligible for such adjustments under the law. The Robert T. Stafford Disaster Relief and Emergency Assistance Act specifically prohibits a similar adjustment for funds provided for the Hazard Mitigation Grant Program (Section 404). These funds will continue to be reimbursed at 75 percent of total eligible costs.

    (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.
    Brock Long, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2018-09793 Filed 5-7-18; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1822] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice lists communities where the addition or modification of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or the regulatory floodway (hereinafter referred to as flood hazard determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports, prepared by the Federal Emergency Management Agency (FEMA) for each community, is appropriate because of new scientific or technical data. The FIRM, and where applicable, portions of the FIS report, have been revised to reflect these flood hazard determinations through issuance of a Letter of Map Revision (LOMR), in accordance with the Code of Federal Regulations. The LOMR will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings. For rating purposes, the currently effective community number is shown in the table below and must be used for all new policies and renewals.

    DATES:

    These flood hazard determinations will be finalized on the dates listed in the table below and revise the FIRM panels and FIS report in effect prior to this determination for the listed communities.

    From the date of the second publication of notification of these changes in a newspaper of local circulation, any person has 90 days in which to request through the community that the Deputy Associate Administrator for Insurance and Mitigation reconsider the changes. The flood hazard determination information may be changed during the 90-day period.

    ADDRESSES:

    The affected communities are listed in the table below. Revised flood hazard information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    Submit comments and/or appeals to the Chief Executive Officer of the community as listed in the table below.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The specific flood hazard determinations are not described for each community in this notice. However, the online location and local community map repository address where the flood hazard determination information is available for inspection is provided.

    Any request for reconsideration of flood hazard determinations must be submitted to the Chief Executive Officer of the community as listed in the table below.

    The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

    These flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. The flood hazard determinations are in accordance with 44 CFR 65.4.

    The affected communities are listed in the following table. Flood hazard determination information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: May 1, 2018. David I. Maurstad, Deputy Associate Administrator for Insurance and Mitigation (Acting), Department of Homeland Security, Federal Emergency Management Agency. State and county Location and case No. Chief executive officer of community Community map
  • repository
  • Online location of letter of map revision Date of modification Community
  • No.
  • Arizona: Maricopa City of Glendale (17-09-2397P) The Honorable Jerry Weiers, Mayor, City of Glendale, 5850 West Glendale Avenue, Glendale, AZ 85301 City Hall, 5850 West Glendale Avenue, Glendale, AZ 85301 https://msc.fema.gov/portal/advanceSearch Jul. 20, 2018 040045 Maricopa City of Phoenix (17-09-2397P) The Honorable Greg Stanton, Mayor, City of Phoenix, City Hall, 200 West Washington Street, Phoenix, AZ 85003 Street Transportation Department, 200 West Washington Street, 5th Floor, Phoenix, AZ 85003 https://msc.fema.gov/portal/advanceSearch Jul. 20, 2018 040051 Maricopa Unincorporated Areas of Maricopa County (17-09-2397P) The Honorable Steve Chucri, Chairman, Board of Supervisors, Maricopa County, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003 Flood Control District of Maricopa County, 2801 West Durango Street, Phoenix, AZ 85009 https://msc.fema.gov/portal/advanceSearch Jul. 20, 2018 040037 Pinal City of Casa Grande (17-09-0587P) The Honorable Craig McFarland, Mayor, City of Casa Grande, 510 East Florence Boulevard, Casa Grande, AZ 85122 Department of Planning and Development, 510 East Florence Boulevard, Casa Grande, AZ 85122 https://msc.fema.gov/portal/advanceSearch Jul. 13, 2018 040080 Pinal City of Eloy (17-09-0587P) The Honorable Joel G. Belloc, Mayor, City of Eloy, City Hall, 628 North Main Street, Eloy, AZ 85131 Department of Public Works, 1137 West Houser Road, Eloy, AZ 85131 https://msc.fema.gov/portal/advanceSearch Jul. 13, 2018 040083 Pinal Unincorporated Areas of Pinal County (17-09-0587P) The Honorable Todd House, Chairman, Board of Supervisors, Pinal County, P.O. Box 827, Florence, AZ 85132 Pinal County Public Works Department, 31 North Pinal Street, Building F, Florence, AZ 85132 https://msc.fema.gov/portal/advanceSearch Jul. 13, 2018 040077 California: Monterey City of Salinas (18-09-0131P) The Honorable Joe Gunter, Mayor, City of Salinas, 200 Lincoln Avenue, Salinas, CA 93901 Department of Public Works, 200 Lincoln Avenue, Salinas, CA 93901 https://msc.fema.gov/portal/advanceSearch Jul. 23, 2018 060202 Orange City of Lake Forest (17-09-1011P) The Honorable Scott Voigts, Mayor, City of Lake Forest, 25550 Commercentre Drive, Suite 100, Lake Forest, CA 92630 City Hall, 25550 Commercentre Drive, Suite 100, Lake Forest, CA 92630 https://msc.fema.gov/portal/advanceSearch Jul. 16, 2018 060759 San Joaquin City of Lathrop (18-09-0365P) The Honorable Sonny Dhaliwal, Mayor, City of Lathrop, 390 Town Center Drive, Lathrop, CA 95330 City Hall, 390 Town Center Drive, Lathrop, CA 95330 https://msc.fema.gov/portal/advanceSearch Jul. 9, 2018 060738 San Joaquin City of Stockton (17-09-0527P) The Honorable Michael D. Tubbs, Mayor, City of Stockton, 425 North El Dorado Street, Stockton, CA 95202 Community Development Department, 345 North El Dorado Street, Stockton, CA 95202 https://msc.fema.gov/portal/advanceSearch Jul. 18, 2018 060302 San Joaquin Unincorporated Areas of San Joaquin County (17-09-0527P) The Honorable Chuck Winn, Chairman, Board of Supervisors, San Joaquin County, 44 North San Joaquin Street, Suite 627, Stockton, CA 95202 San Joaquin County, Stockton Courthouse, 180 East Weber Avenue, Stockton, CA 95202 https://msc.fema.gov/portal/advanceSearch Jul. 18, 2018 060299 Sonoma City of Rohnert Park (17-09-1348P) The Honorable Pam Stafford, Mayor, City of Rohnert Park, 130 Avram Avenue, Rohnert Park, CA 94928 City Hall, 130 Avram Avenue, Rohnert Park, CA 94928 https://msc.fema.gov/portal/advanceSearch Jul. 16, 2018 060380 Florida: Nassau Unincorporated Areas of Nassau County (18-04-1755P) The Honorable Pat Edwards, Chairman, Board of Commissioners, Nassau County, 96135 Nassau Place, Suite One, Yulee, FL 32097 Nassau County Building Department, 96161 Nassau Place, Yulee, FL 32097 https://msc.fema.gov/portal/advanceSearch Jul. 13, 2018 120170 Minnesota: Hennepin City of Minnetrista (16-05-6914P) The Honorable Lisa Whalen, Mayor, City of Minnetrista, 7701 County Road, 110 West, Minnetrista, MN 55364 City Hall, 7701 County Road, 110 West, Minnetrista, MN 55364 https://msc.fema.gov/portal/advanceSearch Jul. 9, 2018 270175 Hennepin City of Orono (16-05-6913P) The Honorable Dennis Walsh, Mayor, City of Orono, P.O. Box 53, Crystal Bay, MN 55323 City Hall, 2750 Kelley Parkway, Orono, MN 55356 https://msc.fema.gov/portal/advanceSearch Jul. 9, 2018 270178 Hennepin City of St. Bonifacius (16-05-6914P) The Honorable Shawn Ruotsinoja, Mayor, City of St. Bonifacius, 8535 Kennedy Memorial Drive, St. Bonifacius, MN 55375 City Hall, 8535 Kennedy Memorial Drive, St. Bonifacius, MN 55375 https://msc.fema.gov/portal/advanceSearch Jul. 9, 2018 270183 Scott City of Prior Lake (17-05-5335P) The Honorable Kirt Briggs, Mayor, City of Prior Lake, 4646 Dakota Street Southeast, Prior Lake, MN 55372 City Hall, 4646 Dakota Street Southeast, Prior Lake, MN 55372 https://msc.fema.gov/portal/advanceSearch Jul. 9, 2018 270432 Nebraska: Washington City of Blair (17-07-2615P) The Honorable James Realph, Mayor, City of Blair, 2532 College Drive, Blair, NE 68008 City Hall, 218 South 16th Street, Blair, NE 68008 https://msc.fema.gov/portal/advanceSearch Jul. 20, 2018 310228 Nevada: Clark Unincorporated Areas of Clark County (18-09-0452P) The Honorable Steve Sisolak, Chairman, Board of Supervisors, Clark County, 500 South Grand Central Parkway, 6th Floor, Las Vegas, NV 89106 Clark County Office of the Director of Public Works, 500 South Grand Central Parkway, Las Vegas, NV 89155 https://msc.fema.gov/portal/advanceSearch Jul. 10, 2018 320003 Washoe Unincorporated Areas of Washoe County (17-09-1979P) The Honorable Marsha Berkbigler, Chair, Board of Commissioners, Washoe County, 1001 East 9th Street, Reno, NV 89512 Washoe County Administration Building, Department of Public Works, 1001 East 9th Street, Reno, NV 89512 https://msc.fema.gov/portal/advanceSearch Jul. 6, 2018 320019 Ohio: Hamilton City of Harrison (17-05-5193P) The Honorable William Neyer, Mayor, City of Harrison, P.O. Box 286, Harrison, OH 45030 Community Center, 300 George Street, Harrison, OH 45030 https://msc.fema.gov/portal/advanceSearch Jul. 10, 2018 390220 Wisconsin: Waukesha Unincorporated Areas of Waukesha County (18-05-2348X) The Honorable Paul L. Decker, Waukesha County Board Chair, County Courthouse, 515 West Moreland Boulevard, Room C170, Waukesha, WI 53188 Waukesha County Administrator Center, 515 West Moreland Boulevard, Waukesha, WI 53188 https://msc.fema.gov/portal/advanceSearch Jul. 16, 2018 550476
    [FR Doc. 2018-09698 Filed 5-7-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4359-DR; Docket ID FEMA-2018-0001] West Virginia; Major Disaster and Related Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This is a notice of the Presidential declaration of a major disaster for the State of West Virginia (FEMA-4359-DR), dated April 17, 2018, and related determinations.

    DATES:

    The declaration was issued April 17, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that, in a letter dated April 17, 2018, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), as follows:

    I have determined that the damage in certain areas of the State of West Virginia resulting from severe storms, flooding, landslides, and mudslides during the period of February 14-20, 2018, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of West Virginia.

    In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.

    You are authorized to provide Public Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation will be limited to 75 percent of the total eligible costs. Federal funds provided under the Stafford Act for Public Assistance also will be limited to 75 percent of the total eligible costs, with the exception of projects that meet the eligibility criteria for a higher Federal cost-sharing percentage under the Public Assistance Alternative Procedures Pilot Program for Debris Removal implemented pursuant to section 428 of the Stafford Act.

    Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Steven S. Ward, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.

    The following areas of the State of West Virginia have been designated as adversely affected by this major disaster:

    Brooke, Cabell, Calhoun, Doddridge, Hancock, Harrison, Lincoln, Logan, Marshall, Mason, Monongalia, Ohio, Pleasants, Preston, Ritchie, Taylor, Tyler, Wayne, Wetzel, Wirt, and Wood Counties(21).

    All areas within the State of West Virginia are eligible for assistance under the Hazard Mitigation Grant Program.

    The following Catalog of Federal Domestic Assistance Numbers CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.
    Brock Long, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2018-09700 Filed 5-7-18; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1823] Proposed Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    Comments are requested on proposed flood hazard determinations, which may include additions or modifications of any Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area (SFHA) boundary or zone designation, or regulatory floodway on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the preliminary FIRM, and where applicable, the FIS report that the Federal Emergency Management Agency (FEMA) has provided to the affected communities. The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report, once effective, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings.

    DATES:

    Comments are to be submitted on or before August 6, 2018.

    ADDRESSES:

    The Preliminary FIRM, and where applicable, the FIS report for each community are available for inspection at both the online location https://www.fema.gov/preliminaryfloodhazarddata and the respective Community Map Repository address listed in the tables below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    You may submit comments, identified by Docket No. FEMA-B-1823, to Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    FEMA proposes to make flood hazard determinations for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).

    These proposed flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. These flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings built after the FIRM and FIS report become effective.

    The communities affected by the flood hazard determinations are provided in the tables below. Any request for reconsideration of the revised flood hazard information shown on the Preliminary FIRM and FIS report that satisfies the data requirements outlined in 44 CFR 67.6(b) is considered an appeal. Comments unrelated to the flood hazard determinations also will be considered before the FIRM and FIS report become effective.

    Use of a Scientific Resolution Panel (SRP) is available to communities in support of the appeal resolution process. SRPs are independent panels of experts in hydrology, hydraulics, and other pertinent sciences established to review conflicting scientific and technical data and provide recommendations for resolution. Use of the SRP only may be exercised after FEMA and local communities have been engaged in a collaborative consultation process for at least 60 days without a mutually acceptable resolution of an appeal. Additional information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.

    The watersheds and/or communities affected are listed in the tables below. The Preliminary FIRM, and where applicable, FIS report for each community are available for inspection at both the online location https://www.fema.gov/preliminaryfloodhazarddata and the respective Community Map Repository address listed in the tables. For communities with multiple ongoing Preliminary studies, the studies can be identified by the unique project number and Preliminary FIRM date listed in the tables. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Date: May 1, 2018. David I. Maurstad, Deputy Associate Administrator for Insurance and Mitigation (Acting), Department of Homeland Security, Federal Emergency Management Agency. Community Community map repository address Mobile County, Alabama and Incorporated Areas Project: 09-04-8023S Preliminary Date: November 15, 2017 City of Bayou La Batre City Hall, 13785 South Wintzell Avenue, Bayou La Batre, AL 36509. City of Chickasaw City Hall, 224 North Craft Highway, Chickasaw, AL 36611. City of Citronelle City Hall, 19135 South Main Street, Citronelle, AL 36522. City of Creola City Hall, 9615 Old Highway 43, Creola, AL 36525. City of Mobile City Hall, Engineering Department, 205 Government Street, Mobile, AL 36644. City of Prichard City Hall, 216 East Prichard Avenue, Prichard, AL 36610. City of Saraland Building Department, 933 Saraland Boulevard South, Saraland, AL 36571. City of Satsuma City Hall, 5464 Old Highway 43, Satsuma, AL 36572. City of Semmes City Hall, 7875 Moffett Road, Suite F, Semmes, AL 36575. Town of Dauphin Island Town Hall, 1011 Bienville Boulevard, Dauphin Island, AL 36528. Town of Mount Vernon Town Hall, 1565 Boyles Avenue, Mount Vernon, AL 36560. Unincorporated Areas of Mobile County Department of Public Works, Engineering Department, Government Plaza, 205 Government Street, Mobile, AL 36644. Alachua County, Florida and Incorporated Areas Project: 13-04-3149S Preliminary Date: July 17, 2017 City of Gainesville Public Works Department, 405 North West 39th Avenue, Gainesville, FL 32609. Unincorporated Areas of Alachua County Alachua County Public Works Department, 5620 North West 120th Lane, Gainesville, FL 32653. Hendry County, Florida and Incorporated Areas Project: 17-04-4566S Preliminary Date: October 16, 2017 City of Clewiston Community Development Department, 121 Central Avenue, Clewiston, FL 33440. Unincorporated Areas of Hendry County Hendry County Administrative Office, 640 South Main Street, LaBelle, FL 33935. Sumter County, Florida and Incorporated Areas Project: 16-04-6907S Preliminary Date: June 9, 2017 City of Center Hill Sumter County Department of Emergency Management, 7375 Powell Road, Wildwood, FL 34785. City of Webster Sumter County Department of Emergency Management, 7375 Powell Road, Wildwood, FL 34785. City of Wildwood City Hall, 100 North Main Street, Wildwood, FL 34785. Unincorporated Areas of Sumter County Sumter County Department of Emergency Management, 7375 Powell Road, Wildwood, FL 34785. Burke County, Georgia and Incorporated Areas Project: 16-04-5708S Preliminary Date: June 15, 2017 Unincorporated Areas of Burke County Burke County Courthouse, 602 North Liberty Street, Waynesboro, GA 30830. DeKalb County, Georgia and Incorporated Areas Project: 17-04-4538S Preliminary Date: August 14, 2017 and December 20, 2017 City of Atlanta Department of Planning and Community Development, 55 Trinity Avenue Southwest, Suite 4700, Atlantic, GA 30303. City of Brookhaven City Hall, 4362 Peachtree Road, Brookhaven, GA 30319. City of Chamblee City Hall, 5468 Peachtree Road, Chamblee, GA 30341. City of Clarkston City Hall—Annex, 1055 Rowland Street, Clarkston, GA 30021. City of Decatur Leveritt Public Works Building, 2635 Talley Street, Decatur, GA 30030. City of Doraville City Hall, 3725 Park Avenue, Doraville, GA 30340. City of Dunwoody City Hall, 4800 Ashford Dunwoody Road, Dunwoody, GA 30338. City of Tucker City Hall, 4119 Adrian Street, Tucker, GA 30084. Unincorporated Areas of DeKalb County DeKalb County Roads and Drainage Department, 727 Camp Road, Decatur, GA 30032.
    [FR Doc. 2018-09786 Filed 5-7-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1825] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice lists communities where the addition or modification of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or the regulatory floodway (hereinafter referred to as flood hazard determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports, prepared by the Federal Emergency Management Agency (FEMA) for each community, is appropriate because of new scientific or technical data. The FIRM, and where applicable, portions of the FIS report, have been revised to reflect these flood hazard determinations through issuance of a Letter of Map Revision (LOMR), in accordance with the Code of Federal Regulations. The LOMR will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings. For rating purposes, the currently effective community number is shown in the table below and must be used for all new policies and renewals.

    DATES:

    These flood hazard determinations will be finalized on the dates listed in the table below and revise the FIRM panels and FIS report in effect prior to this determination for the listed communities.

    From the date of the second publication of notification of these changes in a newspaper of local circulation, any person has 90 days in which to request through the community that the Deputy Associate Administrator for Insurance and Mitigation reconsider the changes. The flood hazard determination information may be changed during the 90-day period.

    ADDRESSES:

    The affected communities are listed in the table below. Revised flood hazard information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    Submit comments and/or appeals to the Chief Executive Officer of the community as listed in the table below.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The specific flood hazard determinations are not described for each community in this notice. However, the online location and local community map repository address where the flood hazard determination information is available for inspection is provided.

    Any request for reconsideration of flood hazard determinations must be submitted to the Chief Executive Officer of the community as listed in the table below.

    The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

    These flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. The flood hazard determinations are in accordance with 44 CFR 65.4.

    The affected communities are listed in the following table. Flood hazard determination information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: May 1, 2018. David I. Maurstad, Deputy Associate Administrator for Insurance and Mitigation (Acting), Department of Homeland Security, Federal Emergency Management Agency. State and county Location and
  • case No.
  • Chief executive
  • officer of community
  • Community map
  • repository
  • Online location of
  • letter of map revision
  • Date of
  • modification
  • Community
  • No.
  • Arkansas: Benton City of Centerton (17-06-3374P) The Honorable Bill Edwards, Mayor, City of Centerton, P.O. Box 208, Centerton, AR 72719 City Hall, 290 Main Street, Centerton, AR 72719 https://msc.fema.gov/portal/advanceSearch Jul. 16, 2018 050399 Washington City of Fayetteville (17-06-3037P) The Honorable Lioneld Jordan, Mayor, City of Fayetteville, 113 West Mountain Street, Fayetteville, AR 72701 City Hall, 113 West Mountain Street, Fayetteville, AR 72701 https://msc.fema.gov/portal/advanceSearch Jul. 10, 2018 050216 Colorado: Jefferson City of Arvada (17-08-0958P) The Honorable Marc Williams, Mayor, City of Arvada, P.O. Box 8101, Arvada, CO 80001 Engineering Department, 8101 Ralston Road, Arvada, CO 80001 https://msc.fema.gov/portal/advanceSearch Jul. 13, 2018 085072 Jefferson City of Arvada (17-08-1484P) The Honorable Marc Williams, Mayor, City of Arvada, P.O. Box 8101, Arvada, CO 80001 Engineering Department, 8101 Ralston Road, Arvada, CO 80001 https://msc.fema.gov/portal/advanceSearch Jul. 27, 2018 085072 Jefferson Unincorporated areas of Jefferson County (17-08-0958P) The Honorable Libby Szabo, Chair, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, CO 80419 Jefferson County Department of Planning and Zoning, 100 Jefferson County Parkway, Golden, CO 80419 https://msc.fema.gov/portal/advanceSearch Jul. 13, 2018 080087 Connecticut: Fairfield Town of Darien (18-01-0005P) The Honorable Jayme Stevenson, First Selectwoman, Town of Darien, Board of Selectwomen, 2 Renshaw Road, Darien, CT 06820 Planning and Zoning Department, 2 Renshaw Road, Darien, CT 06820 https://msc.fema.gov/portal/advanceSearch Jul. 9, 2018 090005 Florida: Alachua Unincorporated areas of Alachua County (17-04-7240P) The Honorable Lee Pinkoson, Chairman, Alachua County Board of Commissioners, 12 Southeast 1st Street, Gainesville, FL 32601 Alachua County Public Works Department, 5620 Northwest 120th Lane, Gainesville, FL 32653 https://msc.fema.gov/portal/advanceSearch Jul. 23, 2018 120001 Charlotte Unincorporated areas of Charlotte County (18-04-0611P) The Honorable Ken Doherty, Chairman, Charlotte County Board of Commissioners, 18500 Murdock Circle, Suite 536, Port Charlotte, FL 33948 Charlotte County Community Development Department, 18400 Murdock Circle, Port Charlotte, FL 33948 https://msc.fema.gov/portal/advanceSearch Jul. 12, 2018 120061 Monroe Unincorporated areas of Monroe County (18-04-1687P) The Honorable David Rice, Mayor, Monroe County Board of Commissioners, 1100 Simonton Street, Key West, FL 33040 Monroe County Building Department, 2798 Overseas Highway, Marathon, FL 33050 https://msc.fema.gov/portal/advanceSearch Jul. 9, 2018 125129 Monroe Village of Islamorada (18-04-1511P) The Honorable Chris Sante, Mayor, Village of Islamorada, 86800 Overseas Highway, Islamorada, FL 33036 Planning and Development Department, 86800 Overseas Highway, Islamorada, FL 33036 https://msc.fema.gov/portal/advanceSearch Jul. 11, 2018 120424 Pinellas City of Indian Rocks Beach (18-04-1507P) Mr. Brently Gregg Mims, Manager, City of Indian Rocks Beach, 1507 Bay Palm Boulevard, Indian Rocks Beach, FL 33785 Building Department, 1507 Bay Palm Boulevard, Indian Rocks Beach, FL 33785 https://msc.fema.gov/portal/advanceSearch Jul. 23, 2018 125117 Volusia City of Daytona Beach (17-04-3592P) The Honorable Derrick Henry, Mayor, City of Daytona Beach, 301 South Ridgewood Avenue, Daytona Beach, FL 32114 Utilities Department, 125 Basin Street, Daytona Beach, FL 32114 https://msc.fema.gov/portal/advanceSearch Jul. 27, 2018 25099 Volusia Unincorporated areas of Volusia County (17-04-3592P) The Honorable Ed Kelley, Chairman, Volusia County Council, 123 West Indiana Avenue, Deland, FL 32720 Volusia County Building and Zoning Division, 123 West Indiana Avenue, Deland, FL 32720 https://msc.fema.gov/portal/advanceSearch Jul. 27, 2018 125155 Hawaii: Hawaii Unincorporated areas of Hawaii County (17-09-1285P) The Honorable Harry Kim, Mayor, Hawaii County, 25 Aupuni Street, Suite 2603, Hilo, HI 96720 Hawaii County Department of Public Works, Engineer Division, 101 Pauahi Street, Suite 7, Hilo, HI 96720 https://msc.fema.gov/portal/advanceSearch Jul. 12, 2018 155166 Mississippi: DeSoto City of Olive Branch (17-04-5691P) The Honorable Scott Phillips, Mayor, City of Olive Branch, 9200 Pigeon Roost Road, Olive Branch, MS 38654 Development & Planning Department, 9200 Pigeon Roost Road, Olive Branch, MS 38654 https://msc.fema.gov/portal/advanceSearch Jul. 13, 2018 280286 Montana: Mineral Unincorporated areas of Mineral County (17-08-1399P) The Honorable Roman Zylawy, Chairman, Mineral County Board of Commissioners, P.O. Box 550, Superior, MT 59872 Mineral County Building, 300 River Street, Superior, MT 59872 https://msc.fema.gov/portal/advanceSearch Jul. 12, 2018 300159 North Carolina: Stokes Unincorporated areas of Stokes County (17-04-7748P) The Honorable Ronnie Mendenhall, Chairman, Stokes County Board of Commissioners, P.O. Box 20, Danbury, NC 27016 Stokes County Planning and Inspection Department, 1014 Main Street, Danbury, NC 27016 https://msc.fema.gov/portal/advanceSearch Jul. 20, 2018 370362 Oklahoma: Washington City of Bartlesville (17-06-4218P) The Honorable Dale Copeland, Mayor, City of Bartlesville, 401 South Johnstone Avenue, Bartlesville, OK 74003 City Hall, 401 South Johnstone Avenue, Bartlesville, OK 74003 https://msc.fema.gov/portal/advanceSearch Jul. 12, 2018 400220 Pennsylvania: Lancaster City of Lancaster (17-03-2630P) The Honorable Danene Sorace, Mayor, City of Lancaster, P.O. Box 1599, Lancaster, PA 17608 City Hall, 120 North Duke Street, Lancaster, PA 17608 https://msc.fema.gov/portal/advanceSearch Aug. 3, 2018 420552 Lancaster Township of East Lampeter (17-03-2630P) The Honorable David Buckwalter, Chairman, Township of East Lampeter, Board of Supervisors, 2250 Old Philadelphia Pike, Lancaster, PA 17602 Township Hall, 2250 Old Philadelphia Pike, Lancaster, PA 17602 https://msc.fema.gov/portal/advanceSearch Aug. 3, 2018 421771 Lancaster Township of Lancaster (17-03-2630P) Mr. William M. Laudien, Manager, Township of Lancaster, 1240 Maple Avenue, Lancaster, PA 17603 Municipal Office, 1240 Maple Avenue, Lancaster, PA 17603 https://msc.fema.gov/portal/advanceSearch Aug. 3, 2018 420553 Lancaster Township of Manheim (17-03-2630P) Mr. Sean P. Molchany, Manager-Secretary, Township of Manheim, 1840 Municipal Drive, Lancaster, PA 17601 Planning and Zoning Department, 1840 Municipal Drive, Lancaster, PA 17601 https://msc.fema.gov/portal/advanceSearch Aug. 3, 2018 420556 Tennessee: Wilson Unincorporated areas of Wilson County (18-04-1157P) The Honorable Randall Hutto, Mayor, Wilson County, 228 East Main Street, Room 104, Lebanon, TN 37087 Wilson County Courthouse, 228 East Main Street, Room 5, Lebanon, TN 37087 https://msc.fema.gov/portal/advanceSearch Jul. 11, 2018 470207 Texas: Dallas City of Rowlett (17-06-2228P) The Honorable Tammy Dana-Bashian, Mayor, City of Rowlett, 4000 Main Street, Rowlett, TX 75088 Community Development Building, 3901 Main Street, Rowlett, TX 75088 https://msc.fema.gov/portal/advanceSearch Jul. 20, 2018 480185 Hays City of Kyle (17-06-4216P) The Honorable Travis Mitchell, Mayor, City of Kyle, P.O. Box 40, Kyle, TX 78640 Stormwater Program and Storm Drainage and Flood Risk Mitigation Utility, 100 West Center Street, Kyle, TX 78640 https://msc.fema.gov/portal/advanceSearch Jul. 12, 2018 481108 Kaufman City of Terrell (17-06-3844P) The Honorable D.J. Ory, Mayor, City of Terrell, P.O. Box 310, Terrell, TX 75160 Engineering Department, 201 East Nash Street, Terrell, TX 75160 https://msc.fema.gov/portal/advanceSearch Jul. 13, 2018 480416 Kaufman Unincorporated areas of Kaufman County (17-06-3844P) The Honorable Bruce Wood, Kaufman County Judge, 100 West Mulberry Street, Kaufman, TX 75142 Kaufman County Public Works Department, 3003 South Washington Street, Kaufman, TX 75142 https://msc.fema.gov/portal/advanceSearch Jul. 13, 2018 480411 Tarrant City of Fort Worth (17-06-4075P) The Honorable Betsy Price, Mayor, City of Fort Worth, 200 Texas Street, Fort Worth, TX 76102 Transportation and Public Works Department, 200 Texas Street, Fort Worth, TX 76102 https://msc.fema.gov/portal/advanceSearch Jul. 16, 2018 480596 Tarrant City of Fort Worth (17-06-4082P) The Honorable Betsy Price, Mayor, City of Fort Worth, 200 Texas Street, Fort Worth, TX 76102 Transportation and Public Works Department, 200 Texas Street, Fort Worth, TX 76102 https://msc.fema.gov/portal/advanceSearch Jul. 16, 2018 480596 Williamson Unincorporated areas of Williamson County (17-06-2076P) The Honorable Dan A. Gattis, Williamson County Judge, 710 South Main Street, Suite 101, Georgetown, TX 78626 Williamson County Engineering Department, 3151 South East Inner Loop, Suite B, Georgetown, TX 78626 https://msc.fema.gov/portal/advanceSearch Jul. 12, 2018 481079 Utah: Grand Unincorporated areas of Grand County (17-08-1595P) The Honorable Mary McGann, Chair, Grand County Council, 125 East Center Street, Moab, UT 84532 Grand County Courthouse, 125 East Center Street, Moab, UT 84532 https://msc.fema.gov/portal/advancSearch Jul. 20, 2018 490232 Virginia: Prince William Unincorporated areas of Prince William County (17-03-1866P) Mr. Christopher E. Martino, Prince William County Executive, 1 County Complex Court, Prince William, VA 22192 Prince William County, Department of Public Works, 5 County Complex Court, Prince William, VA 22192 https://msc.fema.gov/portal/advanceSearch Jul. 12, 2018 510119
    [FR Doc. 2018-09697 Filed 5-7-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1824] Proposed Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    Comments are requested on proposed flood hazard determinations, which may include additions or modifications of any Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area (SFHA) boundary or zone designation, or regulatory floodway on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports for the communities listed in the table below. The purpose of this notice is to seek general information and comment regarding the preliminary FIRM, and where applicable, the FIS report that the Federal Emergency Management Agency (FEMA) has provided to the affected communities. The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report, once effective, will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings.

    DATES:

    Comments are to be submitted on or before August 6, 2018.

    ADDRESSES:

    The Preliminary FIRM, and where applicable, the FIS report for each community are available for inspection at both the online location https://www.fema.gov/preliminaryfloodhazarddata and the respective Community Map Repository address listed in the tables below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    You may submit comments, identified by Docket No. FEMA-B-1824, to Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    FEMA proposes to make flood hazard determinations for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).

    These proposed flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. These flood hazard determinations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings built after the FIRM and FIS report become effective.

    The communities affected by the flood hazard determinations are provided in the tables below. Any request for reconsideration of the revised flood hazard information shown on the Preliminary FIRM and FIS report that satisfies the data requirements outlined in 44 CFR 67.6(b) is considered an appeal. Comments unrelated to the flood hazard determinations also will be considered before the FIRM and FIS report become effective.

    Use of a Scientific Resolution Panel (SRP) is available to communities in support of the appeal resolution process. SRPs are independent panels of experts in hydrology, hydraulics, and other pertinent sciences established to review conflicting scientific and technical data and provide recommendations for resolution. Use of the SRP only may be exercised after FEMA and local communities have been engaged in a collaborative consultation process for at least 60 days without a mutually acceptable resolution of an appeal. Additional information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.

    The watersheds and/or communities affected are listed in the tables below. The Preliminary FIRM, and where applicable, FIS report for each community are available for inspection at both the online location https://www.fema.gov/preliminaryfloodhazarddata and the respective Community Map Repository address listed in the tables. For communities with multiple ongoing Preliminary studies, the studies can be identified by the unique project number and Preliminary FIRM date listed in the tables. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: May 1, 2018. David I. Maurstad, Deputy Associate Administrator for Insurance and Mitigation (Acting), Department of Homeland Security, Federal Emergency Management Agency. Community Community map repository address Alameda County, California and Incorporated Areas Project: 17-09-0342S Preliminary Date: September 1, 2017 City of Fremont Engineering Department, 39550 Liberty Street, Fremont, CA 94538. City of Hayward Public Works Administration, 777 B Street, Hayward, CA 94541. City of Newark City Administration Building, 37101 Newark Boulevard, Newark, CA 94560. City of Union City City Hall, 34009 Alvarado-Niles Road, Union City, CA 94587.
    [FR Doc. 2018-09784 Filed 5-7-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1826] Changes in Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice lists communities where the addition or modification of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or the regulatory floodway (hereinafter referred to as flood hazard determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and where applicable, in the supporting Flood Insurance Study (FIS) reports, prepared by the Federal Emergency Management Agency (FEMA) for each community, is appropriate because of new scientific or technical data. The FIRM, and where applicable, portions of the FIS report, have been revised to reflect these flood hazard determinations through issuance of a Letter of Map Revision (LOMR), in accordance with applicable Federal Regulations. The LOMR will be used by insurance agents and others to calculate appropriate flood insurance premium rates for new buildings and the contents of those buildings. For rating purposes, the currently effective community number is shown in the table below and must be used for all new policies and renewals.

    DATES:

    These flood hazard determinations will be finalized on the dates listed in the table below and revise the FIRM panels and FIS report in effect prior to this determination for the listed communities.

    From the date of the second publication of notification of these changes in a newspaper of local circulation, any person has 90 days in which to request through the community that the Deputy Associate Administrator for Insurance and Mitigation reconsider the changes. The flood hazard determination information may be changed during the 90-day period.

    ADDRESSES:

    The affected communities are listed in the table below. Revised flood hazard information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    Submit comments and/or appeals to the Chief Executive Officer of the community as listed in the table below.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The specific flood hazard determinations are not described for each community in this notice. However, the online location and local community map repository address where the flood hazard determination information is available for inspection is provided.

    Any request for reconsideration of flood hazard determinations must be submitted to the Chief Executive Officer of the community as listed in the table below.

    The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

    The FIRM and FIS report are the basis of the floodplain management measures that the community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

    These flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. The flood hazard determinations are in accordance with 44 CFR 65.4.

    The affected communities are listed in the following table. Flood hazard determination information for each community is available for inspection at both the online location and the respective community map repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: May 1, 2018. David I. Maurstad, Deputy Associate Administrator for Insurance and Mitigation (Acting), Department of Homeland Security, Federal Emergency Management Agency. State and county Location and case No. Chief executive
  • officer of community
  • Community map
  • repository
  • Online location of letter of map revision Date of modification Community
  • No.
  • Arizona: Maricopa City of Avondale (17-09-2069P) The Honorable Kenneth N. Weise, Mayor, City of Avondale, 11465 West Civic Center Drive, Avondale, AZ 85323 Development & Engineering Services Department, 11465 West Civic Center Drive, Avondale, AZ 85323 https://msc.fema.gov/portal/advanceSearch Jul. 27, 2018 040038 Maricopa City of Glendale (17-09-2330P) The Honorable Jerry Weiers, Mayor, City of Glendale, 5850 West Glendale Avenue, Glendale, AZ 85301 City Hall, 5850 West Glendale Avenue, Glendale, AZ 85301 https://msc.fema.gov/portal/advanceSearch Aug. 3, 2018 040045 Maricopa Unincorporated Areas of Maricopa County (17-09-2069P) The Honorable Steve Chucri, Chairman, Board of Supervisors, Maricopa County, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003 Flood Control District of Maricopa County, 2801 West Durango Street, Phoenix, AZ 85009 https://msc.fema.gov/portal/advanceSearch Jul. 27, 2018 040037 Maricopa Unincorporated Areas of Maricopa County (17-09-2330P) The Honorable Steve Chucri, Chairman, Board of Supervisors, Maricopa County, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003 Flood Control District of Maricopa County, 2801 West Durango Street, Phoenix, AZ 85009 https://msc.fema.gov/portal/advanceSearch Aug. 3, 2018 040037 California: Kern City of Delano (18-09-0302P) The Honorable Grace Vallejo, Mayor, City of Delano, P.O. Box 3010, Delano, CA 93216 Community Development, 1015 11th Avenue, Delano, CA 93215 https://msc.fema.gov/portal/advanceSearch Aug. 3, 2018 060078 Santa Barbara City of Carpinteria (17-09-1980P) The Honorable Fred Shaw, Mayor, City of Carpinteria, 5775 Carpinteria Avenue, Carpinteria, CA 93013 Public Works Department, 5775 Carpinteria Avenue, Carpinteria, CA 93013 https://msc.fema.gov/portal/advanceSearch Jul. 20, 2018 060332 Santa Barbara Unincorporated Areas of Santa Barbara County (17-09-1980P) The Honorable Das Williams, Chairman, Board of Supervisors, Santa Barbara County, 105 East Anapamu Street, 4th Floor, Santa Barbara, CA 93101 Santa Barbara County Public Works Department, Water Resources Division, 130 East Victoria Street, Santa Barbara, CA 93101 https://msc.fema.gov/portal/advanceSearch Jul. 20, 2018 060331 Stanislaus City of Patterson (17-09-2636P) The Honorable Deborah M. Novelli, Mayor, City of Patterson, 1 Plaza, 1st Floor, Patterson, CA 95363 Department of Public Works, 33 South Del Puerto Avenue, Patterson, CA 95363 https://msc.fema.gov/portal/advanceSearch Aug. 3, 2018 060390 Illinois: Adams City of Quincy (17-05-6103P) The Honorable Kyle A. Moore, Mayor, City of Quincy, 730 Maine Street, Quincy, IL 62301 City Hall, 730 Maine Street, Quincy, IL 62301 https://msc.fema.gov/portal/advanceSearch Jul. 24, 2018 170003 Adams Unincorporated Areas of Adams County (17-05-6103P) The Honorable Les Post, Chairman, Adams County Board, Adams County Courthouse, 101 North 54th Street, Quincy, IL 62305 Adams County Courthouse, 101 North 54th Street, Quincy, IL 62305 https://msc.fema.gov/portal/advanceSearch Jul. 24, 2018 170001 Cook Unincorporated Areas of Cook County (17-05-3265P) The Honorable Toni Preckwinkle, President, Cook County Board, 118 North Clark Street, Room 537, Chicago, IL 60602 Cook County Building and Zoning Department, 69 West Washington Street, 21st Floor, Chicago, IL 60602 https://msc.fema.gov/portal/advanceSearch Jul. 20, 2018 170054 Cook Village of Northbrook (17-05-3265P) The Honorable Sandra E. Frum, Village President, Village of Northbrook, 1225 Cedar Lane, Northbrook, IL 60062 Public Works Department, Engineering Division, 655 Huehl Road, Northbrook, IL 60062 https://msc.fema.gov/portal/advanceSearch Jul. 20, 2018 170132 Indiana: Allen Unincorporated Areas of Allen County (17-05-6157P) The Honorable Therese M. Brown, President, Allen County Board of Commissioners, Citizens Square, 200 East Berry Street Suite 410, Fort Wayne, IN 46802 Allen County Department of Planning Services, 200 East Berry Street, Suite 150, Fort Wayne, IN 46802 https://msc.fema.gov/portal/advanceSearch Jul. 27, 2018 180302 DeKalb Unincorporated Areas of DeKalb County (17-05-6157P) The Honorable Donald D. Grogg, President, DeKalb County Board of County Commissioners, 100 South Main Street Courthouse, Auburn, IN 46706 DeKalb County Planning Commission, 301 South Union Street, Auburn, IN 46706 https://msc.fema.gov/portal/advanceSearch Jul. 27, 2018 180044 Nevada: Washoe City of Reno (17-09-2191P) The Honorable Hillary Schieve, Mayor, City of Reno, P.O. Box 1900, Reno, NV 89501 City Hall Annex, 450 Sinclair Street, Reno, NV 89501 https://msc.fema.gov/portal/advanceSearch Jul. 31, 2018 320020 Washoe Unincorporated Areas of Washoe County (17-09-1858P) The Honorable Marsha Berkbigler, Chair, Board of Commissioners, Washoe County, 1001 East 9th Street, Reno, NV 89512 Washoe County Administration Building, Department of Public Works, 1001 East 9th Street, Reno, NV 89512 https://msc.fema.gov/portal/advanceSearch Aug. 1, 2018 320019 Washoe Unincorporated Areas of Washoe County (17-09-2191P) The Honorable Marsha Berkbigler, Chair, Board of Commissioners, Washoe County, 1001 East 9th Street, Reno, NV 89512 Washoe County Administration Building, Department of Public Works, 1001 East 9th Street, Reno, NV 89512 https://msc.fema.gov/portal/advanceSearch Jul. 31, 2018 320019 New Jersey: Ocean Borough of Point Pleasant Beach (18-02-0563P) The Honorable Stephen D. Reid, Mayor, Borough of Point Pleasant Beach, 416 New Jersey Avenue, Point Pleasant Beach, NJ 08742 Municipal Building, 416 New Jersey Avenue, Point Pleasant Beach, NJ 08742 https://msc.fema.gov/portal/advanceSearch Jul. 27, 2018 340388 Wisconsin: Monroe Unincorporated Areas of Juneau County (17-05-4106P) The Honorable Alan K. Peterson, Chairman, Juneau County Board of Supervisors, 220 East State Street, Mauston, WI 53948 Juneau County Courthouse, 220 East State Street, Mauston, WI 53948 https://msc.fema.gov/portal/advanceSearch Jul. 20, 2018 550580 Monroe Unincorporated Areas of Monroe County (17-05-4106P) The Honorable Cedric Schnitzler, Chair, Monroe County Board Committee, 202 South K Street, Room 1, Sparta, WI 54656 Monroe County Sanitation and Zoning Office, 14307 County Highway B, Sparta, WI 54656 https://msc.fema.gov/portal/advanceSearch Jul. 20, 2018 550571 Monroe Village of Kendall (17-05-4106P) The Honorable Richard Martin, President, Village of Kendall, P.O. Box 216, Kendall, WI 54638 Village Hall, 219 West South Railroad Street, Kendall, WI 54638 https://msc.fema.gov/portal/advanceSearch Jul. 20, 2018 550287
    [FR Doc. 2018-09689 Filed 5-7-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-B-1813] Proposed Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency; DHS.

    ACTION:

    Notice; correction.

    SUMMARY:

    On April 5, 2018, FEMA published in the Federal Register a proposed flood hazard determination notice that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 83 FR 14651-14652. The table provided here represents the proposed flood hazard determinations and communities affected for York County, Nebraska and Incorporated Areas.

    DATES:

    Comments are to be submitted on or before August 6, 2018.

    ADDRESSES:

    The Preliminary Flood Insurance Rate Map (FIRM), and where applicable, the Flood Insurance Study (FIS) report for each community are available for inspection at both the online location and the respective Community Map Repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at https://msc.fema.gov for comparison.

    You may submit comments, identified by Docket No. FEMA-B-1813, to Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    FEMA proposes to make flood hazard determinations for each community listed in the table below, in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).

    These proposed flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These flood hazard determinations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after the FIRM and FIS report become effective.

    Use of a Scientific Resolution Panel (SRP) is available to communities in support of the appeal resolution process. SRPs are independent panels of experts in hydrology, hydraulics, and other pertinent sciences established to review conflicting scientific and technical data and provide recommendations for resolution. Use of the SRP may only be exercised after FEMA and local communities have been engaged in a collaborative consultation process for at least 60 days without a mutually acceptable resolution of an appeal. Additional information regarding the SRP process can be found online at https://floodsrp.org/pdfs/srp_fact_sheet.pdf.

    The communities affected by the flood hazard determinations are provided in the table below. Any request for reconsideration of the revised flood hazard determinations shown on the Preliminary FIRM and FIS report that satisfies the data requirements outlined in 44 CFR 67.6(b) is considered an appeal. Comments unrelated to the flood hazard determinations will also be considered before the FIRM and FIS report are made final.

    Correction

    In the proposed flood hazard determination notice published at 83 FR 14651—14652 in the April 5, 2018, issue of the Federal Register, FEMA published a table titled “York County, Nebraska and Incorporated Areas”. This table contained inaccurate information as to the communities affected by the proposed flood hazard determinations featured in the table.

    In this document, FEMA is publishing a table containing the accurate information. The information provided below should be used in lieu of that previously published.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Date: May 1, 2018. David I. Maurstad, Deputy Associate Administrator for Insurance and Mitigation (Acting), Department of Homeland Security, Federal Emergency Management Agency. Community Community map repository address York County, Nebraska and Incorporated Areas Project: 16-07-0767S Preliminary Dates: July 12, 2017 and December 11, 2017 City of Henderson City Hall, 1044 North Main Street, Henderson, NE 68371. City of York Municipal Building, 100 East 4th Street, York, NE 68467. Unincorporated Areas of York County York County Courthouse, 510 North Lincoln Avenue, York, NE 68467. Village of Benedict Village Office, 206 Sherman Street, Benedict, NE 68316. Village of Bradshaw Village Office, 455 Lincoln Street, Bradshaw, NE 68319. Village of Gresham Village Office, 310 Elm Street, Gresham, NE 68367. Village of McCool Junction Village Office, 323 East M Street, McCool Junction, NE 68401. Village of Thayer Village of Thayer Clerk's Office, 401 4th Street, Waco, NE 68460. Village of Waco Village Office, 403 Midland Street, Waco, NE 68460.
    [FR Doc. 2018-09787 Filed 5-7-18; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA-4312-DR; Docket ID FEMA-2018-0001] Resighini Rancheria; Amendment No. 2 to Notice of a Major Disaster Declaration AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Notice.

    SUMMARY:

    This notice amends the notice of a major disaster for the Resighini Rancheria (FEMA-4312-DR), dated May 2, 2017, and related determinations.

    DATES:

    This amendment was issued April 19, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that, in a letter dated April 19, 2018, the President amended the cost-sharing arrangements regarding Federal funds provided under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”), in a letter to Brock Long, Administrator, Federal Emergency Management Agency, Department of Homeland Security, under Executive Order 12148, as follows:

    I have determined that the damage to the Resighini Rancheria resulting from flooding during the period of February 8-11, 2017, is of sufficient severity and magnitude that special cost-sharing arrangements are warranted regarding Federal funds provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the “Stafford Act”).

    Therefore, I amend my declaration of May 2, 2017, to authorize Federal funds for all categories of Public Assistance at 90 percent of total eligible costs.

    This adjustment to the cost sharing applies only to Public Assistance costs and direct Federal assistance eligible for such adjustments under the law. The Robert T. Stafford Disaster Relief and Emergency Assistance Act specifically prohibits a similar adjustment for funds provided for the Hazard Mitigation Grant Program (Section 404). These funds will continue to be reimbursed at 75 percent of total eligible costs.

    (The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

    Brock Long, Administrator, Federal Emergency Management Agency.
    [FR Doc. 2018-09781 Filed 5-7-18; 8:45 am] BILLING CODE 9111-23-P
    DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS-2018-0013] Privacy Act of 1974; System of Records AGENCY:

    Department of Homeland Security.

    ACTION:

    Notice of Modified System of Records.

    SUMMARY:

    In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to modify, rename, and reissue a current DHS U.S. Immigration and Customs Enforcement (ICE) system of records titled, “Department of Homeland Security (DHS)/U.S. Immigration and Customs Enforcement (ICE)-007 Alien Criminal Response Information Management (ACRIMe).” This system of records allows the Department to receive and respond to criminal history and immigration status inquiries made by federal, state, and local law enforcement agencies, and other federal agencies, including the Office of Personnel Management (OPM) and the Department of Health and Human Services (HHS). This system of records notice (SORN) covers records the Department collects and maintains on individuals who are: Arrested; screened as part of a background check to determine suitability for employment, access, or other purposes; screened to verify or ascertain citizenship or immigration status, immigration history, and criminal history to inform an HHS determination regarding sponsorship of an unaccompanied alien child; or otherwise encountered by federal, state, and local law enforcement agencies. DHS may also use information maintained in this system of records for other purposes consistent with its statutory authorities.

    As a result of a biennial review of this system, the Department is updating this SORN to: Change the system of records name to Criminal History and Immigration Verification (CHIVe); add one new category of individuals to include individuals seeking approval from HHS to sponsor an unaccompanied alien child and/or other adult members of the potential sponsor's household; add one new category of records to include biometrics for potential sponsors of an unaccompanied alien child and/or other adult members of the potential sponsor's household; expand a category of records to include screening to verify or ascertain citizenship or immigration status, immigration history, and criminal history for sponsorship of unaccompanied alien children; add a new purpose of the system: To screen individuals to verify or ascertain citizenship or immigration status, immigration history, and criminal history to inform determinations regarding sponsorship of unaccompanied alien children who are in the care and custody of HHS; add a new routine use to describe how the DHS may share information from this system of records with HHS; modify routine use (E) and add routine use (F) to conform to Office of Management and Budget (OMB) Memorandum M-17-12 “Preparing for and Responding to a Breach of Personally Identifiable Information” (Jan. 3, 2017); revise the records retention periods so that they align with the records schedule approved by the National Archives and Records Administration (NARA); and clarify that DHS may use information maintained in this system of records for other purposes consistent with its statutory authorities.

    Because this system will no longer cover information related to public tips, ICE is also updating the SORN to: Remove two categories of individuals; remove two categories of records; remove one routine use that allows DHS to disclose reports of suspicious activity, tips, potential violations of law, and other relevant information to external law enforcement agencies; and remove four purposes for the collection of information. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. This modified system of records will be included in DHS's inventory of record systems. ICE will issue a new Privacy Act rulemaking, elsewhere in the Federal Register.

    DATES:

    Submit comments on or before June 7, 2018. This modified system of records notice will be effective upon publication. New or modified routine uses will be effective June 7, 2018.

    ADDRESSES:

    You may submit comments, identified by docket number DHS-2018-0013 by one of the following methods:

    Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

    Fax: 202-343-4010.

    Mail: Philip S. Kaplan, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528-0655.

    Instructions: All submissions received must include the agency name and docket number for this notice DHS-2018-0013. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    For general questions, please contact: Amber Smith, Privacy Officer, U.S. Immigration and Customs Enforcement, Washington, DC 20536-5600, (202) 732-3300, [email protected] For privacy questions, please contact: Philip S. Kaplan, [email protected], (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528-0655.

    SUPPLEMENTARY INFORMATION:

    I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, DHS, U.S. Immigration and Customs Enforcement (ICE) proposes to modify, rename, and reissue a current DHS system of records notice (SORN) titled, “DHS/ICE-007 Alien Criminal Response Information Management (ACRIMe),” 78 FR 10623 (Feb. 14, 2013).

    The DHS/ICE update to ACRIMe includes several changes. First, the system of records is being renamed “Criminal History and Immigration Verification (CHIVe)” to better align with the purpose of the system. This system of records covers records documenting inquiries received from federal, state, and local law enforcement agencies so ICE can check the immigration status and criminal history of individuals who are arrested or otherwise encountered by those agencies; and other federal agencies for screening (including as part of background checks being conducted by those agencies) to inform those agencies' determinations regarding suitability for employment, access, sponsorship of an unaccompanied alien child, or other purposes or otherwise encountered by those agencies.

    Second, DHS is adding a purpose of the system, as ICE will now screen individuals seeking approval from HHS to sponsor an unaccompanied alien child, as well as other adult members of the potential sponsor's household, to verify or ascertain citizenship or immigration status, immigration history, and criminal history.

    Third, DHS is clarifying that DHS may use information maintained in this system of records for other purposes consistent with its statutory authorities.

    Fourth, this update adds a new category of individuals: Those seeking approval from HHS to sponsor an unaccompanied alien child and/or other adult members of the potential sponsor's household.

    Fifth, DHS is adding one category of records to include biometrics for potential sponsors and/or other adult members of the potential sponsor's household. DHS has also modified a category of records to include citizenship or immigration status and criminal and immigration history information for sponsorship of unaccompanied alien children.

    Sixth, DHS is adding one new routine use that would allow ICE to share from this system of records the results of screening of potential sponsors and adult members of their households with HHS to inform HHS's determination whether to grant sponsor applications. Below is a summary of the new routine use and its corresponding letter:

    (HH) To HHS, the citizenship or immigration status, immigration history, criminal history information, and other biographic information of potential sponsors for unaccompanied alien children and other adult members of the potential sponsors' households to inform an HHS determination regarding sponsorship of an unaccompanied alien child.

    DHS is also modifying routine use (E) and adding routine use (F) to conform to Office of Management and Budget (OMB) Memorandum M-17-12 “Preparing for and Responding to a Breach of Personally Identifiable Information” (Jan. 3, 2017). All following routine uses are being renumbered to account for the additional routine use.

    Seventh, DHS is revising the records retention periods so that they align with the records retention schedule approved by the National Archives and Records Administration (NARA).

    Finally, DHS is modifying this SORN since this system will no longer store information pertaining to the collection, processing, and response to public tip information concerning customs and immigration violations, suspicious activity, or other law enforcement matters. ICE will continue to collect information about individuals reporting tips, the subjects of such tips, and any information ICE collects in following up on a tip in the DHS/ICE-016 FALCON Search and Analysis System of Records, 82 FR 20905 (May 4, 2017).

    As a result, the following changes are being made: (1) Two categories of individuals are being removed from the system—individuals who report tips and individuals about whom those reports are made; (2) two categories of records are being removed from the system—those public tip records, which consist of information contained in tips received from the public or other sources regarding customs and immigration violations, other actual or potential violations of law, and suspicious activities; and also records created pertaining to ICE's follow-up activities regarding a tip; (3) one routine use is being removed from the system that allows DHS to disclose reports of suspicious activity, tips, potential violations of law, and other relevant information to external law enforcement agencies; and (4) four purposes for the collection of information are being removed from the system. Purpose (4) in the prior iteration of this SORN has been removed as it pertains to public tip records. Purposes (5), (6), and (7) have been removed since these purposes are more focused on ICE's Law Enforcement Support Center (LESC) rather than the system as a whole.

    Information stored in the DHS/ICE-007 Criminal History and Immigration Verification (CHIVe) System of Records may be shared with other DHS components that have a need to know the information to carry out their national security, law enforcement, immigration, intelligence, or other homeland security functions. In addition, ICE may share information with appropriate federal, state, local, tribal, territorial, foreign, or international government agencies consistent with the routine uses set forth in this SORN. This modified system of records will be included in DHS's inventory of record systems. Further, ICE will issue a new rule covering exemptions for this modified SORN elsewhere in the Federal Register.

    II. Privacy Act

    The Privacy Act embodies fair information practice principles in a statutory framework governing the means by which Federal Government agencies collect, maintain, use, and disseminate individuals' records. The Privacy Act applies to information that is maintained in a “system of records.” A “system of records” is a group of any records under the control of an agency from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined to encompass U.S. citizens and lawful permanent residents. Additionally, the Judicial Redress Act (JRA) provides covered persons with a statutory right to make requests for access and amendment to covered records, as defined by the JRA, along with judicial review for denials of such requests. In addition, the JRA prohibits disclosures of covered records, except as otherwise permitted by the Privacy Act.

    Below is the description of the DHS/ICE-007 Criminal History and Immigration Verification (CHIVe) System of Records.

    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of this system of records to the Office of Management and Budget and to Congress.

    SYSTEM NAME AND NUMBER:

    Department of Homeland Security (DHS)/U.S. Immigration and Customs Enforcement (ICE)-007 Criminal History and Immigration Verification (CHIVe) System of Records.

    SECURITY CLASSIFICATION:

    Unclassified.

    SYSTEM LOCATION:

    Records are maintained at the ICE Headquarters in Washington, DC and ICE field offices. Records are also maintained in the ACRIMe information technology system, and the DHS Data Centers in Washington, DC.

    SYSTEM MANAGER(S):

    Unit Chief, Law Enforcement Support Center, U.S. Immigration and Customs Enforcement, 188 Harvest Lane, Williston, VT 05495; Unit Chief, Juvenile and Family Residential Management Unit, U.S. Immigration and Customs Enforcement, 500 12th Street SW, Washington, DC 20536.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    8 U.S.C. secs. 1103, 1226, 1227, 1228, 1231, 1232, 1357, 1360; 19 U.S.C. 1589a; and the Brady Handgun Violence Protection Act of 1993 (Pub. L. 103-159).

    PURPOSE(S) OF THE SYSTEM:

    The purposes of this system are: (1) To assist in identifying and arresting individuals in the United States who may be subject to removal under the Immigration and Nationality Act, as amended; (2) To respond to inquiries from criminal justice agencies that seek to determine the immigration status of an individual in the context of a criminal justice matter for the purpose of identifying and arresting those who may be subject to removal; (3) To screen individuals to verify or ascertain citizenship or immigration status, immigration history, and criminal history to inform determinations regarding sponsorship of unaccompanied alien children who are in the care and custody of HHS and to identify and arrest those who may be subject to removal; and (4) To inform criminal justice agencies and agencies conducting background checks whether an individual is under investigation and/or wanted by ICE or other criminal justice agencies.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Categories of individuals covered in this system include:

    (1) Individuals who are the subjects of immigration status inquiries submitted to ICE or immigration checks conducted by ICE, including:

    A. Individuals who are encountered by, arrested by, under the investigation of, or in the custody of a criminal justice agency.

    B. Individuals convicted of sexual offenses required to register as a sexual offender.

    C. Individuals subject to background checks or investigations by or under the authority of a federal, state, local, tribal, or territorial agency to determine eligibility or suitability for employment, access, or other purposes.

    D. Individuals applying to obtain/purchase a firearm in the United States and whose information has been submitted to ICE for the purpose of conducting an immigration status check in support of background checks required by the Brady Handgun Violence Protection Act (Brady Act) or other applicable laws.

    (2) Individuals who are the subjects of criminal arrest warrants and immigration lookouts that ICE has entered into the Federal Bureau of Investigation's (FBI) National Crime Information Center (NCIC) System.

    (3) Individuals seeking approval from HHS to sponsor an unaccompanied alien child, and/or other adult members of the potential sponsor's household.

    (4) Law enforcement officers or other personnel working for criminal justice agencies who contact ICE for reasons relating to the purposes of this system of records, or for other law enforcement assistance.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    Categories of records in this system include:

    • Biographic identifiers, other identifiers, and contact information (e.g., name, aliases, date and place of birth, address, telephone number, Social Security number (SSN), Alien Registration Number (A-Number), driver's license number, other personal identification numbers, fingerprint identification number, passport number);

    • Visa, border, immigration and citizenship information (e.g., citizenship and/or immigration status, application for benefit information, visa and travel history);

    • Criminal history information (e.g., FBI number, booking number, current charge[s], custodial status, past offenses and convictions);

    • NCIC hit confirmation records, which consist of information supporting the entry of criminal warrants or immigration lookouts into the NCIC system, such as criminal arrest warrant information, fingerprints and photographs, other information identifying the individual, and records reflecting the purpose/basis for the warrant or lookout. Records of inquiries received from criminal justice agencies regarding potential matches against ICE-created NCIC records, and records pertaining to ICE's research, resolution, and response to those inquiries;

    • Background investigation records, which consist of identifying and other information received from agencies requesting an immigration status check and/or criminal history check on individuals as part of a background check for employment, gun ownership, or other reasons; research conducted by ICE during the conduct of the immigration status check; and ICE's research, resolution, and response to those inquiries;

    • Sponsor screening records, which consist of identifying and other information received from HHS regarding potential sponsors of unaccompanied alien children and other adult members of the potential sponsor's household; research conducted by ICE during such screening; and ICE's response to those inquiries.

    • Biometric identifiers (potential sponsors for unaccompanied alien children and other adult members of the potential sponsors' household only);

    • Criminal justice immigration status check records, which consist of identifying and other information received from criminal justice agencies requesting an immigration status check on individuals in the context of a criminal justice matter; prioritization of requests; research conducted by ICE during the conduct of the immigration status check; and ICE's research, resolution, and response to those inquiries;

    • Information received pursuant to the activities supported by this system of records, including leads for ICE investigations and referrals to other agencies; and

    • Identification and authentication information for law enforcement officers or other criminal justice personnel who contact ICE.

    RECORD SOURCE CATEGORIES:

    Records are obtained from ICE, other federal, state, local, tribal, foreign, and international criminal justice entities (e.g., law enforcement agencies, investigators, prosecutors, correctional institutions, police departments, and parole boards), and other Federal Government agencies.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

    In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, all or a portion of the records or information contained in this system may be disclosed outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

    A. To the Department of Justice (DOJ), including the U.S. Attorneys Offices, or other federal agency conducting litigation or proceedings before any court, adjudicative, or administrative body, when it is relevant or necessary to the litigation and one of the following is a party to the litigation or has an interest in such litigation:

    1. DHS or any component thereof;

    2. Any employee or former employee of DHS in his/her official capacity;

    3. Any employee or former employee of DHS in his/her individual capacity, only when DOJ or DHS has agreed to represent the employee; or

    4. The United States or any agency thereof.

    B. To a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of the individual to whom the record pertains.

    C. To the National Archives and Records Administration (NARA) or General Services Administration pursuant to records management inspections being conducted under the authority of 44 U.S.C. 2904 and 2906.

    D. To an agency or organization for the purpose of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function.

    E. To appropriate agencies, entities, and persons when (1) DHS suspects or has confirmed that there has been a breach of the system of records; (2) DHS has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, DHS (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 DHS's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

    F. To another Federal agency or Federal entity, when DHS determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.

    G. To contractors and their agents, grantees, experts, consultants, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for DHS, when necessary to accomplish an agency function related to this system of records. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to DHS officers and employees.

    H. To an appropriate federal, state, tribal, local, international, or foreign law enforcement agency or other appropriate authority charged with investigating or prosecuting a violation or enforcing or implementing a law, rule, regulation, or order, when a record, either on its face or in conjunction with other information, indicates a violation or potential violation of law, which includes criminal, civil, or regulatory violations and such disclosure is proper and consistent with the official duties of the person making the disclosure.

    I. To federal, state, local, tribal, territorial, foreign, or international agencies, if the information is relevant and necessary to a requesting agency's decision concerning individuals who are being screened with respect to their participation in, attendance at, or other relation to a national or special security event.

    J. To domestic governmental agencies seeking to determine the immigration status of persons who have applied to purchase/obtain a firearm in the United States, pursuant to checks conducted on such persons under the Brady Handgun Violence Prevention Act or other applicable laws.

    K. To federal, state, local, tribal, territorial, or international agencies seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law.

    L. To courts, magistrates, administrative tribunals, opposing counsel, parties, and witnesses, in the course of immigration, civil, or criminal proceedings (including discovery, presentation of evidence, and settlement negotiations) and when DHS determines that use of such records is relevant and necessary to the litigation before a court or adjudicative body when any of the following is a party to or have an interest in the litigation:

    1. DHS or any component thereof;

    2. Any employee of DHS in his/her official capacity;

    3. Any employee of DHS in his/her individual capacity when the Government has agreed to represent the employee; or

    4. The United States, when DHS determines that litigation is likely to affect DHS or any of its components.

    M. To the DOJ, Federal Bureau of Prisons (BOP), and other federal, state, local, territorial, tribal, and foreign law enforcement or custodial agencies for the purpose of placing an immigration detainer on an individual in that agency's custody, or to facilitate the transfer of custody of an individual to DHS from the other agency.

    N. To a former employee of DHS for purposes of responding to an official inquiry by federal, state, local, tribal, territorial government agencies, or professional licensing authorities; or facilitating communications with a former employee that may be relevant and necessary for personnel-related or other official purposes when DHS requires information or consultation assistance from the former employee regarding a matter within that person's former area of responsibility.

    O. To federal, state, local, tribal, territorial, or foreign government agencies, as well as to other individuals and organizations during the course of an investigation by DHS or the processing of a matter under DHS's jurisdiction, or during a proceeding within the purview of the immigration and nationality laws, when DHS deems that such disclosure is necessary to carry out its functions and statutory mandates or to elicit information required by DHS to carry out its functions and statutory mandates.

    P. To international, foreign, intergovernmental, and multinational government agencies, authorities, and organizations in accordance with law and formal or informal international arrangements.

    Q. To OMB in connection with the review of private relief legislation as set forth in OMB Circular No. A-19 at any stage of the legislative coordination and clearance process as set forth in the Circular.

    R. To the U.S. Senate Committee on the Judiciary or the U.S. House of Representatives Committee on the Judiciary when necessary to inform members of Congress about an alien who is being considered for private immigration relief.

    S. To the Department of State when it requires information to consider and/or provide an informed response to a request for information from a foreign, international, or intergovernmental agency, authority, or organization about an alien or an enforcement operation with transnational implications.

    T. To federal, state, local, territorial, tribal, international, or foreign criminal, civil, or regulatory law enforcement authorities when the information is necessary for collaboration, coordination, and de-confliction of investigative matters, prosecutions, and/or other law enforcement actions to avoid duplicative or disruptive efforts and to ensure the safety of law enforcement officers who may be working on related law enforcement matters.

    U. To federal, state, local, tribal, territorial, or foreign government agencies or entities or multinational government agencies, with the approval of the Chief Privacy Officer, when DHS desires to exchange relevant data for the purpose of developing, testing, or implementing new software or technology whose purpose is related to this system of records.

    V. To prospective claimants and their attorneys for the purpose of negotiating the settlement of an actual or prospective claim against DHS or its current or former employees, in advance of the initiation of formal litigation or proceedings.

    W. To federal and foreign government intelligence or counterterrorism agencies or components when DHS becomes aware of an indication of a threat or potential threat to national or international security, or when such disclosure is to support the conduct of national intelligence and security investigations or to assist in anti-terrorism efforts.

    X. To the DOJ, Federal Bureau of Investigation (FBI) in order to facilitate responses to fingerprint-based immigration status queries that are sent to ICE, including queries that the FBI sends on behalf of another agency.

    Y. To federal, state, local, tribal, territorial, international, or foreign government agencies or entities for the purpose of consulting with that agency or entity:

    1. To assist in making a determination regarding redress for an individual in connection with the operations of a DHS component or program;

    2. To verify the identity of an individual seeking redress in connection with the operations of a DHS component or program; or

    3. To verify the accuracy of information submitted by an individual who has requested such redress on behalf of another individual.

    Z. To federal, state, local, tribal, territorial, foreign, or international agencies, if the information is relevant and necessary to a requesting agency's decision concerning the hiring or retention of an individual, or the issuance, grant, renewal, suspension, or revocation of a security clearance, license, contract, grant, or other benefit; or to the extent necessary to obtain information relevant and necessary to a DHS decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant or other benefit.

    AA. To federal, state, local, tribal, territorial, foreign, or international agencies, if DHS determines (1) the information is relevant and necessary to the agency's decision concerning the hiring or retention of an individual, or the issuance of a security clearance, license, contract, grant, or other benefit, and (2) failure to disclose the information is likely to create a risk to government facilities, equipment, or personnel; sensitive information; critical infrastructure; or the public safety.

    BB. To federal, state, local, tribal, territorial, foreign, or international agencies seeking information on the subjects of wants, warrants, or lookouts, or any other subject of interest, for purposes related to administering or enforcing the law, national security, immigration, or intelligence, when consistent with a DHS mission-related function.

    CC. To federal, state, local, tribal, territorial, or foreign government agencies or organizations, or international organizations, lawfully engaged in collecting law enforcement intelligence, whether civil or criminal, to enable these entities to carry out their law enforcement responsibilities, including the collection of law enforcement intelligence.

    DD. To foreign governments in order to notify them concerning an alien who is incapacitated, an unaccompanied minor, or deceased.

    EE. To federal, state, local, tribal, and territorial courts or government agencies involved in criminal investigation or prosecution, pretrial services, sentencing, parole, probation, bail bonds, child welfare services, or any other aspect of the criminal justice process, and to counsel representing an individual in a criminal, civil, or child welfare proceeding, in order to ensure the integrity of the justice system by informing these recipients of the existence of an immigration detainer on that individual or that individual's status in removal proceedings, including removal, voluntary departure, or custodial status/location. Disclosure of that individual's Alien Registration Number (A-Number) and country of birth is also authorized to facilitate use of the ICE Online Detainee Locator System by the aforementioned individuals and agencies. This routine use does not authorize disclosure to bail bond companies or agents.

    FF. To appropriate federal, state, local, tribal, foreign or international criminal justice agencies, or other authorized users of NCIC, to respond to inquiries regarding a person who is or may be the subject of an ICE-generated NCIC criminal arrest warrant or immigration lookout record.

    GG. To the U.S. Department of Health and Human Services (HHS), the citizenship or immigration status, immigration history, criminal history information, and other biographic information of potential sponsors for unaccompanied alien children and other adult members of the potential sponsors' households to inform an HHS determination regarding sponsorship of an unaccompanied alien child.

    HH. To the news media and the public, with the approval of the Chief Privacy Officer in consultation with counsel, when there exists a legitimate public interest in the disclosure of the information, when disclosure is necessary to preserve confidence in the integrity of DHS, or when disclosure is necessary to demonstrate the accountability of DHS's officers, employees, or individuals covered by the system, except to the extent the Chief Privacy Officer determines that release of the specific information in the context of a particular case would constitute a clearly unwarranted invasion of personal privacy.

    POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

    DHS/ICE stores records in this system electronically or on paper in secure facilities in a locked drawer behind a locked door. The records may be stored on magnetic disc, tape, and digital media.

    POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:

    DHS/ICE retrieves records by personal, biographic, or biometric identifiers such as name, date of birth, place of birth, address, A-Number(s), FBI criminal history number(s), Social Security number, Fingerprint Identification Number, and passport number.

    POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

    In accordance with Records Control Schedule DAA-0567-2017-0002, ICE retains the Immigration Alien Query (IAQ) and Immigration Alien Response (IAR) records pertaining to traditional law enforcement checks, non-criminal biographical and biometric investigations; and ICE-generated FBI NCIC records for seventy-five (75) years. Records collected pursuant to the Brady Act, special security events, and OPM checks will be kept for five (5) years from the date an immigration status determination is made and an IAR returned, after which the records will be deleted from the ACRIMe information technology system. Furthermore, ICE is proposing to NARA to maintain records pertaining to the sponsorship of unaccompanied alien children for five (5) years. Until these records are officially scheduled, they will be treated as permanent and cannot be deleted.

    ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

    DHS/ICE safeguards records in this system according to applicable rules and policies, including all applicable DHS automated systems security and access policies. ICE has imposed strict controls to minimize the risk of compromising the information that is being stored. Access to the computer system containing the records in this system is limited to those individuals who have a need to know the information for the performance of their official duties and who have appropriate clearances or permissions.

    RECORD ACCESS PROCEDURES:

    The Secretary of Homeland Security has exempted this system from the notification, access, and amendment procedures of the Privacy Act, and the JRA if applicable, because it is a law enforcement system. However, DHS/ICE will consider individual requests to determine whether or not information may be released. Thus, individuals seeking access to and notification of any record contained in this system of records, or seeking to contest its content, may submit a request in writing to the ICE Freedom of Information Act (FOIA) Officer, whose contact information can be found at http://www.dhs.gov/foia under “Contact Information.” If an individual believes more than one component maintains Privacy Act records concerning him or her, the individual may submit the request to the Chief Privacy Officer and Chief Freedom of Information Act Officer, Department of Homeland Security, Washington, DC 20528-0655. Even if neither the Privacy Act nor the JRA provides a right of access, certain records about the individual may be available under FOIA.

    When an individual is seeking records about himself or herself from this system of records or any other Departmental system of records, the individual's request must conform with the Privacy Act regulations set forth in 6 CFR part 5. The individual must first verify his or her identity, meaning that the individual must provide his or her full name, current address, and date and place of birth. The individual must sign the request, and the individual's signature must either be notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made under penalty of perjury as a substitute for notarization. While no specific form is required, an individual may obtain forms for this purpose from the Chief Privacy Officer and Chief FOIA Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, the individual should:

    • Explain why he or she believe the Department would have information being requested;

    • Identify which component(s) of the Department the individual believes may have the information about him or her;

    • Specify when the individual believes the records would have been created; and

    • Provide any other information that will help the FOIA staff determine which DHS component agency may have responsive records;

    If an individual's request is seeking records pertaining to another living individual, the first individual must include a statement from the second individual certifying his/her agreement for the first individual to access his or her records.

    Without the above information, the component(s) may not be able to conduct an effective search, and the individual's request may be denied due to lack of specificity or lack of compliance with applicable regulations.

    CONTESTING RECORD PROCEDURES:

    Individuals who wish to contest the accuracy of records in this system of records should submit these requests to the ICE Office of Information Governance and Privacy—Privacy Division. Requests must comply with verification of identity requirements set forth in DHS Privacy Act regulations at 6 CFR 5.21(d). Please specify the nature of the complaint and provide any supporting documentation. By mail (please note substantial delivery delays exist): ICE Office of Information Governance and Privacy—Privacy Division, 500 12th Street SW, Mail Stop 5004, Washington, DC 20536. By email: [email protected] Please contact the Privacy Division with any questions about submitting a request or complaint at 202-732-3300 or [email protected]

    NOTIFICATION PROCEDURES:

    See “Record Access Procedures.”

    EXEMPTIONS PROMULGATED FOR THE SYSTEM:

    The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), has exempted this system from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), and (e)(8); (f); and (g). Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(2), has exempted this system from the following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (d), and (e)(1), (e)(4)(G), (e)(4)(H), and (f). Rules have been promulgated in accordance with the requirements of 5 U.S.C. 553(b), (c), and (e) and have been published in the Federal Register as additions to Title 28, Code of Federal Regulations (28 CFR 16.99). In addition, to the extent a record contains information from other exempt systems of records, ICE will rely on the exemptions claimed for those systems.

    HISTORY:

    78 FR 10623 (Feb. 14, 2013); 75 FR 8377 (Feb. 24, 2010); 74 FR 45079 (Aug. 31, 2009); 73 FR 74739 (Dec. 9, 2008).

    Philip S. Kaplan, Chief Privacy Officer, Department of Homeland Security.
    [FR Doc. 2018-09902 Filed 5-7-18; 8:45 am] BILLING CODE 9111-28-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-7000-N-01] 60 Day Notice of Proposed Information Collection; Production of Material or Provision of Testimony by HUD in Response to Demands in Legal Proceedings Among Private Litigants AGENCY:

    Office of the General Counsel, 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: July 9, 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:

    Allen Villafuerte, Managing Attorney, Office of Litigation, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW, Room 10258, Washington, DC 20410-0500, telephone (202 708-0300) (this is not a toll-free number).

    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: Production of Material or Provision of Testimony in Response to Demands in Legal Proceedings Among Private Litigants.

    OMB Approval Number: 2510-0014.

    Type of Request: Reinstatement of collection.

    Form Number: None. Please see 24 CFR 15.203.

    Description of the need for the information and proposed use:

    Section 15.203 of HUD's regulations in 24 CFR specify the manner in which demands for documents and testimony from the Department should be made. Providing the information specified in 24 CFR 15.203 allows the Department to more promptly identify documents and testimony which a requestor may be seeking and determine whether the Department should produce such documents and testimony.

    Members of affected public: All types of entities, private and non-profit organizations, individuals and households.

    Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:

    Number of respondents Frequency of response Hours per
  • response
  • Total burden hours
    106 1 1.5 159
    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: May 1, 2018. Ariel Pereira, Associate General Counsel for Legislation and Regulations.
    [FR Doc. 2018-09778 Filed 5-7-18; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-7001-N-20] 30-Day Notice of Proposed Information Collection: Self-Help Homeownership Opportunity Program (SHOP) AGENCY:

    Office of the Chief Information Officer, HUD.

    ACTION:

    Notice.

    SUMMARY:

    HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 30 days of public comment.

    DATES:

    Comments Due Date: June 7, 2018.

    ADDRESSES:

    Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806, Email: OIRA [email protected].

    FOR FURTHER INFORMATION CONTACT:

    Anna P. Guido, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; email Anna P. Guido at [email protected] or telephone 202-402-5535. This is not a toll-free number. Person with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339. Copies of available documents submitted to OMB may be obtained from Ms. Guido.

    SUPPLEMENTARY INFORMATION:

    This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A. The Federal Register notice that solicited public comment on the information collection for a period of 60 days was corrected and re-published a on March 6, 2018 at 83 FR 9532.

    A. Overview of Information Collection

    Title of Information Collection: Self-Help Homeownership Opportunity Program (SHOP).

    OMB Approval Number: 2506-0157.

    Type of Request: Extension of currently approved collection.

    Form Number: HUD-424CB, HUD-2880, HUD-2993, HUD-2995, HUD-96011.

    Description of the need for the information and proposed use: This is a proposed information collection for submission requirements under the SHOP Notice of Funding Availability (NOFA). HUD requires information in order to ensure the eligibility of SHOP applicants and the compliance of SHOP proposals, to rate and rank SHOP applications, and to select applicants for grant awards. Information is collected on an annual basis from each applicant that responds to the SHOP NOFA. The SHOP NOFA requires applicants to submit specific forms and narrative responses.

    Estimated Number of Respondents/Estimated Number of Responses:

    Information collection Number of
  • respondents
  • Frequency of
  • response
  • Responses
  • per annual
  • Burden hour
  • per response
  • Annual burden
  • hours
  • Hourly cost
  • per response
  • Annual cost
    SF-424 10.00 0.00 0.00 0.00 00.00 0.00 $0.00 HUD-424CB 10.00 1.00 10.00 10.00 100.00 60.00 6,000.00 HUD-424CBW 10.00 1.00 10.00 30.00 300.00 60.00 18,000.00 SF-LLL 10.00 0.00 0.00 0.00 0.00 0.00 0.00 HUD-2880 10.00 1.00 10.00 .50 5.00 60.00 300.00 HUD-2993 10.00 1.00 10.00 .50 5.00 60.00 300.00 HUD-2995 10.00 1.00 10.00 .50 5.00 60.00 300.00 HUD-96011 10.00 1.00 10.00 .50 5.00 60.00 300.00 Applicant Eligibility 10.00 1.00 10.00 10.00 100.00 60.00 6,000.00 SHOP Program Design and Scope of Work 10.00 1.00 10.00 30.00 300.00 60.00 18,000.00 Rating Factor 1 10.00 1.00 10.00 25.00 250.00 60.00 15,000.00 Rating Factor 2 10.00 1.00 10.00 25.00 250.00 60.00 15,000.00 Rating Factor 3 10.00 1.00 10.00 55.00 550.00 60.00 33,000.00 Rating Factor 4 10.00 1.00 10.00 30.00 300.00 60.00 18,000.00 Rating Factor 5 10.00 1.00 10.00 25.00 250.00 60.00 15,000.00 Total Annual Hour Burden 2,420.00 145,200.00
    B. Solicitation of Public Comment

    This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:

    (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    (2) The accuracy of the agency's estimate of the burden of the proposed collection of information;

    (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    HUD encourages interested parties to submit comment in response to these questions.

    Authority:

    Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.

    Dated: April 24, 2018. Anna P. Guido, Department Reports Management Officer, Office of the Chief Information Officer.
    [FR Doc. 2018-09776 Filed 5-7-18; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [189A2100DD/AAKC001030/A0A501010.999900253G] Indian Gaming; Tribal-State Class III Gaming Compact Taking Effect in the State of Arizona AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The notice announces that the Tribal-State Class III Gaming Compact entered into between the Hopi Tribe of Arizona and State of Arizona is taking effect.

    DATES:

    This compact take effect on May 8, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Paula L. Hart, Director, Office of Indian Gaming, Office of the Deputy Assistant Secretary—Policy and Economic Development, Washington, DC 20240, (202) 219-4066.

    S