<?xml version="1.0" encoding="UTF-8"?>
<FEDREG xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:noNamespaceSchemaLocation="FRMergedXML.xsd">
    <VOL>90</VOL>
    <NO>52</NO>
    <DATE>Wednesday, March 19, 2025</DATE>
    <UNITNAME>Contents</UNITNAME>
    <CNTNTS>
        <AGCY>
            <EAR>
                Agriculture
                <PRTPAGE P="iii"/>
            </EAR>
            <HD>Agriculture Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Farm Service Agency</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>12696</PGS>
                    <FRDOCBP>2025-04451</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Coast Guard</EAR>
            <HD>Coast Guard</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Imposition of Conditions of Entry for Vessels Arriving to the United States:</SJ>
                <SJDENT>
                    <SJDOC>Republic of Cuba, </SJDOC>
                    <PGS>12752</PGS>
                    <FRDOCBP>2025-04597</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Commerce</EAR>
            <HD>Commerce Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Foreign-Trade Zones Board</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Industry and Security Bureau</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>National Oceanic and Atmospheric Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Corporation</EAR>
            <HD>Corporation for National and Community Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Schools of National Service Commitment Form, </SJDOC>
                    <PGS>12711-12712</PGS>
                    <FRDOCBP>2025-04620</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Council Environmental</EAR>
            <HD>Council on Environmental Quality</HD>
            <CAT>
                <HD>RULES</HD>
                <DOCENT>
                    <DOC>Removal of National Environmental Policy Act Implementing Regulations; Correction, </DOC>
                    <PGS>12690</PGS>
                    <FRDOCBP>2025-04640</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Defense Acquisition</EAR>
            <HD>Defense Acquisition Regulations System</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Conclusion of the Renewal of a Reciprocal Defense Procurement Agreement:</SJ>
                <SJDENT>
                    <SJDOC>Government of the Italian Republic, </SJDOC>
                    <PGS>12712-12713</PGS>
                    <FRDOCBP>2025-04494</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Defense Department</EAR>
            <HD>Defense Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Defense Acquisition Regulations System</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Engineers Corps</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Energy Department</EAR>
            <HD>Energy Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Energy Regulatory Commission</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Engineers</EAR>
            <HD>Engineers Corps</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>San Clemente Shoreline Protection Project; Withdrawal, </SJDOC>
                    <PGS>12713</PGS>
                    <FRDOCBP>2025-04493</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Environmental Protection</EAR>
            <HD>Environmental Protection Agency</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Air Quality State Implementation Plans; Approvals and Promulgations:</SJ>
                <SJDENT>
                    <SJDOC>California; Feather River Air Quality Management District, </SJDOC>
                    <PGS>12688-12690</PGS>
                    <FRDOCBP>2025-04041</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Farm Service</EAR>
            <HD>Farm Service Agency</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Funds Availability:</SJ>
                <SJDENT>
                    <SJDOC>Emergency Commodity Assistance Program, </SJDOC>
                    <PGS>12696-12705</PGS>
                    <FRDOCBP>2025-04604</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Aviation</EAR>
            <HD>Federal Aviation Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Airworthiness Directives:</SJ>
                <SJDENT>
                    <SJDOC>De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, </SJDOC>
                    <PGS>12682</PGS>
                    <FRDOCBP>C1-2025-03880</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Pratt and Whitney Canada Corp. Engines, </SJDOC>
                    <PGS>12679-12682</PGS>
                    <FRDOCBP>2025-04441</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Rolls-Royce Deutschland Ltd and Co KG Engines, </SJDOC>
                    <PGS>12685-12688</PGS>
                    <FRDOCBP>2025-04445</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>The Boeing Company Airplanes, </SJDOC>
                    <PGS>12682-12685</PGS>
                    <FRDOCBP>2025-04440</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Airworthiness Directives:</SJ>
                <SJDENT>
                    <SJDOC>Airbus Helicopters, </SJDOC>
                    <PGS>12691-12693</PGS>
                    <FRDOCBP>2025-04446</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Environmental Assessments; Availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>SpaceX Falcon 9 Operations at Space Launch Complex 40, Cape Canaveral Space Force Station, FL, </SJDOC>
                    <PGS>12933-12934</PGS>
                    <FRDOCBP>2025-04488</FRDOCBP>
                </SJDENT>
                <SJ>Petition for Exemption; Summary:</SJ>
                <SJDENT>
                    <SJDOC>ATL Europe, </SJDOC>
                    <PGS>12930-12931</PGS>
                    <FRDOCBP>2025-04547</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Drone Power1 LLC, </SJDOC>
                    <PGS>12931</PGS>
                    <FRDOCBP>2025-04549</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Dynamic Ventures Inc., </SJDOC>
                    <PGS>12928-12929</PGS>
                    <FRDOCBP>2025-04546</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Embry-Riddle Aeronautical University, </SJDOC>
                    <PGS>12928</PGS>
                    <FRDOCBP>2025-04544</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Helicopter Consultants of Maui dba Blue Hawaiian Helicopters, </SJDOC>
                    <PGS>12930</PGS>
                    <FRDOCBP>2025-04550</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Troy Capasso, </SJDOC>
                    <PGS>12929</PGS>
                    <FRDOCBP>2025-04552</FRDOCBP>
                </SJDENT>
                <SJ>Submission Deadline for Schedule Information for the Winter 2025/2026 Scheduling Season:</SJ>
                <SJDENT>
                    <SJDOC>Chicago O'Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, and San Francisco International Airport, </SJDOC>
                    <PGS>12931-12933</PGS>
                    <FRDOCBP>2025-04476</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Communications</EAR>
            <HD>Federal Communications Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>12731-12733</PGS>
                    <FRDOCBP>2025-04645</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Energy</EAR>
            <HD>Federal Energy Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Application:</SJ>
                <SJDENT>
                    <SJDOC>East Cheyenne Gas Storage, LLC, </SJDOC>
                    <PGS>12727-12729</PGS>
                    <FRDOCBP>2025-04477</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>New York Power Authority, </SJDOC>
                    <PGS>12719-12720</PGS>
                    <FRDOCBP>2025-04484</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>PE Hydro Generation, LLC, </SJDOC>
                    <PGS>12724, 12731</PGS>
                    <FRDOCBP>2025-04485</FRDOCBP>
                      
                    <FRDOCBP>2025-04486</FRDOCBP>
                      
                    <FRDOCBP>2025-04487</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Rockies Express Pipeline LLC, </SJDOC>
                    <PGS>12729-12731</PGS>
                    <FRDOCBP>2025-04478</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Town of Stowe Electric Department, </SJDOC>
                    <PGS>12723-12724</PGS>
                    <FRDOCBP>2025-04560</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Combined Filings, </DOC>
                    <PGS>12713-12716, 12724-12726</PGS>
                    <FRDOCBP>2025-04447</FRDOCBP>
                      
                    <FRDOCBP>2025-04449</FRDOCBP>
                      
                    <FRDOCBP>2025-04558</FRDOCBP>
                      
                    <FRDOCBP>2025-04559</FRDOCBP>
                </DOCENT>
                <SJ>Environmental Assessments; Availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Eastern Gas Transmission and Storage, Inc., Capital Area Project, </SJDOC>
                    <PGS>12721</PGS>
                    <FRDOCBP>2025-04480</FRDOCBP>
                </SJDENT>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Ashuelot River Hydro, Inc., </SJDOC>
                    <PGS>12731</PGS>
                    <FRDOCBP>2025-04482</FRDOCBP>
                </SJDENT>
                <SJ>Licenses; Exemptions, Applications, Amendments, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Ampersand Kayuta Lake Hydro LLC, </SJDOC>
                    <PGS>12718-12719</PGS>
                    <FRDOCBP>2025-04483</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Green Mountain Power Corp., </SJDOC>
                    <PGS>12722</PGS>
                    <FRDOCBP>2025-04481</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>12726-12727</PGS>
                    <FRDOCBP>2025-04703</FRDOCBP>
                </DOCENT>
                <SJ>Scoping Period:</SJ>
                <SJDENT>
                    <SJDOC>Gulf South Pipeline Co., LLC, Parks Line Upgrade and Sorrento Station Project, </SJDOC>
                    <PGS>12716-12718</PGS>
                    <FRDOCBP>2025-04479</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>
                Federal Maritime
                <PRTPAGE P="iv"/>
            </EAR>
            <HD>Federal Maritime Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agreements Filed, </DOC>
                    <PGS>12733</PGS>
                    <FRDOCBP>2025-04561</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Reserve</EAR>
            <HD>Federal Reserve System</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Change in Bank Control:</SJ>
                <SJDENT>
                    <SJDOC>Acquisitions of Shares of a Bank or Bank Holding Company, </SJDOC>
                    <PGS>12733-12734</PGS>
                    <FRDOCBP>2025-04587</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Trade</EAR>
            <HD>Federal Trade Commission</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Petition for Rulemaking:</SJ>
                <SJDENT>
                    <SJDOC>American Apparel and Footwear Association, </SJDOC>
                    <PGS>12693-12694</PGS>
                    <FRDOCBP>2025-04295</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Fish</EAR>
            <HD>Fish and Wildlife Service</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <DOCENT>
                    <DOC>Endangered and Threatened Wildlife and Plants, </DOC>
                    <PGS>12694-12695</PGS>
                    <FRDOCBP>2025-04443</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Foreign Assets</EAR>
            <HD>Foreign Assets Control Office</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Sanctions Action, </DOC>
                    <PGS>12936-12940</PGS>
                    <FRDOCBP>2025-04526</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Foreign Trade</EAR>
            <HD>Foreign-Trade Zones Board</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Approval of Subzone Status:</SJ>
                <SJDENT>
                    <SJDOC>Cummins Inc.; Irvine, Pennsylvania, </SJDOC>
                    <PGS>12705</PGS>
                    <FRDOCBP>2025-04527</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Health and Human</EAR>
            <HD>Health and Human Services Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>National Institutes of Health</P>
            </SEE>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <DOCENT>
                    <DOC>Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability, </DOC>
                    <PGS>12942-13032</PGS>
                    <FRDOCBP>2025-04083</FRDOCBP>
                </DOCENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Findings of Research Misconduct, </DOC>
                    <PGS>12734-12735</PGS>
                    <FRDOCBP>2025-04489</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Homeland</EAR>
            <HD>Homeland Security Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Coast Guard</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Transportation Security Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>U.S. Customs and Border Protection</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Industry</EAR>
            <HD>Industry and Security Bureau</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Materials and Equipment Technical Advisory Committee, </SJDOC>
                    <PGS>12705-12706</PGS>
                    <FRDOCBP>2025-04490</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Interior</EAR>
            <HD>Interior Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Fish and Wildlife Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>National Park Service</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>International Trade Com</EAR>
            <HD>International Trade Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Complaint, </DOC>
                    <PGS>12791-12792</PGS>
                    <FRDOCBP>2025-04524</FRDOCBP>
                </DOCENT>
                <SJ>Investigations; Determinations, Modifications, and Rulings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Certain Glow Fish Tape Systems, Safety Helmet Systems, and Components Thereof, </SJDOC>
                    <PGS>12790-12791</PGS>
                    <FRDOCBP>2025-04532</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Paper Plates from China, Thailand, and Vietnam, </SJDOC>
                    <PGS>12789-12790</PGS>
                    <FRDOCBP>2025-04554</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Maritime</EAR>
            <HD>Maritime Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals</SJ>
                <SJDENT>
                    <SJDOC>United States Marine Highway Program, </SJDOC>
                    <PGS>12934</PGS>
                    <FRDOCBP>2025-04563</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Institute</EAR>
            <HD>National Institutes of Health</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Center for Scientific Review, </SJDOC>
                    <PGS>12735-12739, 12742, 12751</PGS>
                    <FRDOCBP>2025-04470</FRDOCBP>
                      
                    <FRDOCBP>2025-04496</FRDOCBP>
                      
                    <FRDOCBP>2025-04582</FRDOCBP>
                      
                    <FRDOCBP>2025-04598</FRDOCBP>
                      
                    <FRDOCBP>2025-04622</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Eunice Kennedy Shriver National Institute of Child Health and Human Development, </SJDOC>
                    <PGS>12746, 12750-12751</PGS>
                    <FRDOCBP>2025-04469</FRDOCBP>
                      
                    <FRDOCBP>2025-04589</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Cancer Institute, </SJDOC>
                    <PGS>12738, 12742-12743</PGS>
                    <FRDOCBP>2025-04499</FRDOCBP>
                      
                    <FRDOCBP>2025-04501</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Center for Advancing Translational Sciences, </SJDOC>
                    <PGS>12741, 12744, 12748-12749, 12751-12752</PGS>
                    <FRDOCBP>2025-04471</FRDOCBP>
                      
                    <FRDOCBP>2025-04498</FRDOCBP>
                      
                    <FRDOCBP>2025-04595</FRDOCBP>
                      
                    <FRDOCBP>2025-04623</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Center for Complementary and Integrative Health, </SJDOC>
                    <PGS>12736-12737, 12739, 12743-12744</PGS>
                    <FRDOCBP>2025-04495</FRDOCBP>
                      
                    <FRDOCBP>2025-04556</FRDOCBP>
                      
                    <FRDOCBP>2025-04593</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Eye Institute, </SJDOC>
                    <PGS>12748</PGS>
                    <FRDOCBP>2025-04521</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Institute of Allergy and Infectious Diseases, </SJDOC>
                    <PGS>12739-12742, 12747-12751</PGS>
                    <FRDOCBP>2025-04467</FRDOCBP>
                      
                    <FRDOCBP>2025-04564</FRDOCBP>
                      
                    <FRDOCBP>2025-04565</FRDOCBP>
                      
                    <FRDOCBP>2025-04566</FRDOCBP>
                      
                    <FRDOCBP>2025-04570</FRDOCBP>
                      
                    <FRDOCBP>2025-04571</FRDOCBP>
                      
                    <FRDOCBP>2025-04572</FRDOCBP>
                      
                    <FRDOCBP>2025-04578</FRDOCBP>
                      
                    <FRDOCBP>2025-04579</FRDOCBP>
                      
                    <FRDOCBP>2025-04602</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Institute of Arthritis and Musculoskeletal and Skin Diseases, </SJDOC>
                    <PGS>12739-12740, 12742, 12746-12747</PGS>
                    <FRDOCBP>2025-04583</FRDOCBP>
                      
                    <FRDOCBP>2025-04584</FRDOCBP>
                      
                    <FRDOCBP>2025-04600</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Institute of Biomedical Imaging and Bioengineering, </SJDOC>
                    <PGS>12740-12741</PGS>
                    <FRDOCBP>2025-04577</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Institute of Environmental Health Sciences, </SJDOC>
                    <PGS>12745-12746</PGS>
                    <FRDOCBP>2025-04594</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Institute of General Medical Sciences, </SJDOC>
                    <PGS>12741</PGS>
                    <FRDOCBP>2025-04576</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Institute of Mental Health, </SJDOC>
                    <PGS>12738, 12744-12745</PGS>
                    <FRDOCBP>2025-04468</FRDOCBP>
                      
                    <FRDOCBP>2025-04590</FRDOCBP>
                      
                    <FRDOCBP>2025-04591</FRDOCBP>
                      
                    <FRDOCBP>2025-04603</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Institute of Neurological Disorders and Stroke, </SJDOC>
                    <PGS>12740, 12750</PGS>
                    <FRDOCBP>2025-04585</FRDOCBP>
                      
                    <FRDOCBP>2025-04601</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Institute of Nursing Research, </SJDOC>
                    <PGS>12749-12750</PGS>
                    <FRDOCBP>2025-04599</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Institute on Aging, </SJDOC>
                    <PGS>12745, 12747-12748</PGS>
                    <FRDOCBP>2025-04522</FRDOCBP>
                      
                    <FRDOCBP>2025-04523</FRDOCBP>
                      
                    <FRDOCBP>2025-04557</FRDOCBP>
                      
                    <FRDOCBP>2025-04586</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Institute on Drug Abuse, </SJDOC>
                    <PGS>12744, 12749</PGS>
                    <FRDOCBP>2025-04588</FRDOCBP>
                      
                    <FRDOCBP>2025-04592</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Oceanic</EAR>
            <HD>National Oceanic and Atmospheric Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Annual Economic Survey of Federal Gulf and South Atlantic Shrimp Permit Holders, </SJDOC>
                    <PGS>12707-12708</PGS>
                    <FRDOCBP>2025-04596</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Environmental Compliance Questionnaire for Federal Funding Opportunity Applicants, </SJDOC>
                    <PGS>12709-12710</PGS>
                    <FRDOCBP>2025-04454</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Greater Atlantic Region Logbook Family of Forms, </SJDOC>
                    <PGS>12708-12709</PGS>
                    <FRDOCBP>2025-04448</FRDOCBP>
                </SJDENT>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Pacific Fishery Management Council, </SJDOC>
                    <PGS>12706-12708, 12710</PGS>
                    <FRDOCBP>2025-04453</FRDOCBP>
                      
                    <FRDOCBP>2025-04492</FRDOCBP>
                      
                    <FRDOCBP>2025-04641</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Receipt of the Makah Tribe's Permit Request for a Ceremonial and Subsistence Hunt of Eastern North Pacific Gray Whales, </DOC>
                    <PGS>12711</PGS>
                    <FRDOCBP>2025-04634</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Park</EAR>
            <HD>National Park Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Intended Disposition:</SJ>
                <SJDENT>
                    <SJDOC>Department of Agriculture, Forest Service, Coronado National Forest, Tucson, AZ, </SJDOC>
                    <PGS>12758-12759</PGS>
                    <FRDOCBP>2025-04611</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Marine Corps Base Hawaii Kaneohe Bay, Kaneohe Bay, HI, </SJDOC>
                    <PGS>12764-12765</PGS>
                    <FRDOCBP>2025-04462</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>U.S. Department of Agriculture, Forest Service, Hoosier National Forest, Bedford, IN, </SJDOC>
                    <PGS>12781</PGS>
                    <FRDOCBP>2025-04455</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>U.S. Department of the Interior, National Park Service, Kobuk Valley National Park, Kotzebue, AK, </SJDOC>
                    <PGS>12779</PGS>
                    <FRDOCBP>2025-04614</FRDOCBP>
                </SJDENT>
                <SJ>Inventory Completion:</SJ>
                <SJDENT>
                    <SJDOC>Booth Family Center for Special Collections, Georgetown University, Washington, DC, </SJDOC>
                    <PGS>12775</PGS>
                    <FRDOCBP>2025-04625</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Department of the Interior, Bureau of Land Management, Arizona State Office, Phoenix, AZ, </SJDOC>
                    <PGS>12783-12784</PGS>
                    <FRDOCBP>2025-04607</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Grand Rapids Public Museum, Grand Rapids, MI, </SJDOC>
                    <PGS>12767-12768, 12785-12786</PGS>
                    <FRDOCBP>2025-04616</FRDOCBP>
                      
                    <FRDOCBP>2025-04617</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Hood Museum of Art, Dartmouth College, Hanover, NH, </SJDOC>
                    <PGS>12788-12789</PGS>
                    <FRDOCBP>2025-04618</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Museum of Osteopathic Medicine, Kirksville, MO, </SJDOC>
                    <PGS>12765</PGS>
                    <FRDOCBP>2025-04458</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <PRTPAGE P="v"/>
                    <SJDOC>Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA, </SJDOC>
                    <PGS>12760, 12773-12774, 12776-12777, 12779-12782, 12787</PGS>
                    <FRDOCBP>2025-04608</FRDOCBP>
                      
                    <FRDOCBP>2025-04609</FRDOCBP>
                      
                    <FRDOCBP>2025-04631</FRDOCBP>
                      
                    <FRDOCBP>2025-04632</FRDOCBP>
                      
                    <FRDOCBP>2025-04633</FRDOCBP>
                      
                    <FRDOCBP>2025-04638</FRDOCBP>
                      
                    <FRDOCBP>2025-04639</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>School District of Philadelphia, Philadelphia, PA, </SJDOC>
                    <PGS>12778-12779</PGS>
                    <FRDOCBP>2025-04610</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Tennessee Department of Environment and Conservation Division of Archaeology, Nashville, TN, </SJDOC>
                    <PGS>12770-12771</PGS>
                    <FRDOCBP>2025-04635</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>U.S. Department of Agriculture, Forest Service, Deschutes National Forest, Bend, OR, </SJDOC>
                    <PGS>12771-12772</PGS>
                    <FRDOCBP>2025-04466</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>U.S. Department of the Interior, Bureau of Reclamation, California—Great Basin Region, Sacramento, CA, </SJDOC>
                    <PGS>12766-12767</PGS>
                    <FRDOCBP>2025-04630</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>U.S. Department of the Interior, Bureau of Reclamation, Oklahoma-Texas Area Office, Oklahoma City, OK, </SJDOC>
                    <PGS>12776-12777, 12782-12785</PGS>
                    <FRDOCBP>2025-04627</FRDOCBP>
                      
                    <FRDOCBP>2025-04628</FRDOCBP>
                      
                    <FRDOCBP>2025-04629</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>U.S. Department of the Interior, Fish and Wildlife Service, Alaska Region, Anchorage, AK, </SJDOC>
                    <PGS>12762-12764, 12768-12769</PGS>
                    <FRDOCBP>2025-04464</FRDOCBP>
                      
                    <FRDOCBP>2025-04615</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>University of California, Davis, Davis, CA, </SJDOC>
                    <PGS>12783</PGS>
                    <FRDOCBP>2025-04457</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>University of Pennsylvania Museum of Archaeology and Anthropology, Philadelphia, PA, </SJDOC>
                    <PGS>12765-12766</PGS>
                    <FRDOCBP>2025-04637</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>University of Tennessee, Department of Anthropology, Knoxville, TN, </SJDOC>
                    <PGS>12780-12781</PGS>
                    <FRDOCBP>2025-04460</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>University of Tennessee, McClung Museum of Natural History and Culture, Knoxville, TN, </SJDOC>
                    <PGS>12772-12773</PGS>
                    <FRDOCBP>2025-04636</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Yale Peabody Museum, Yale University, New Haven, CT, </SJDOC>
                    <PGS>12774-12775</PGS>
                    <FRDOCBP>2025-04619</FRDOCBP>
                </SJDENT>
                <SJ>Repatriation of Cultural Items:</SJ>
                <SJDENT>
                    <SJDOC>California State University, Sacramento, Sacramento, CA, </SJDOC>
                    <PGS>12770</PGS>
                    <FRDOCBP>2025-04461</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Culver-Stockton College, Canton, MO, </SJDOC>
                    <PGS>12789</PGS>
                    <FRDOCBP>2025-04459</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Denver Art Museum, Denver, CO, </SJDOC>
                    <PGS>12757-12758</PGS>
                    <FRDOCBP>2025-04606</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>John James Audubon State Park of Kentucky State Parks, Henderson, KY, </SJDOC>
                    <PGS>12787-12788</PGS>
                    <FRDOCBP>2025-04613</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Philadelphia Museum of Art, Philadelphia, PA, </SJDOC>
                    <PGS>12768</PGS>
                    <FRDOCBP>2025-04612</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>San Bernardino County Museum, Redlands, CA, </SJDOC>
                    <PGS>12786-12787</PGS>
                    <FRDOCBP>2025-04463</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Thomas Burke Memorial Washington State Museum, University of Washington, Seattle, WA, </SJDOC>
                    <PGS>12756-12757</PGS>
                    <FRDOCBP>2025-04626</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>University of California, Berkeley, Berkeley, CA, </SJDOC>
                    <PGS>12760-12761</PGS>
                    <FRDOCBP>2025-04465</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>University of California, Davis, Davis, CA, </SJDOC>
                    <PGS>12774</PGS>
                    <FRDOCBP>2025-04456</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Science</EAR>
            <HD>National Science Foundation</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Proposal Review Panel for Materials Research, </SJDOC>
                    <PGS>12792-12795</PGS>
                    <FRDOCBP>2025-04534</FRDOCBP>
                      
                    <FRDOCBP>2025-04535</FRDOCBP>
                      
                    <FRDOCBP>2025-04536</FRDOCBP>
                      
                    <FRDOCBP>2025-04537</FRDOCBP>
                      
                    <FRDOCBP>2025-04538</FRDOCBP>
                      
                    <FRDOCBP>2025-04539</FRDOCBP>
                      
                    <FRDOCBP>2025-04540</FRDOCBP>
                      
                    <FRDOCBP>2025-04541</FRDOCBP>
                      
                    <FRDOCBP>2025-04542</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Nuclear Regulatory</EAR>
            <HD>Nuclear Regulatory Commission</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>List of Approved Spent Fuel Storage Casks:</SJ>
                <SJDENT>
                    <SJDOC>Holtec International HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 1040, Revision 1 to Amendment Nos. 0 through 2, </SJDOC>
                    <PGS>12679</PGS>
                    <FRDOCBP>2025-04624</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Exemption:</SJ>
                <SJDENT>
                    <SJDOC>Constellation Energy Generation, LLC; Nine Mile Point Nuclear Station; Independent Spent Fuel Storage Installation, </SJDOC>
                    <PGS>12800-12803</PGS>
                    <FRDOCBP>2025-04528</FRDOCBP>
                </SJDENT>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Advisory Committee on the Medical Uses of Isotopes, </SJDOC>
                    <PGS>12795</PGS>
                    <FRDOCBP>2025-04533</FRDOCBP>
                </SJDENT>
                <SJ>Licenses; Exemptions, Applications, Amendments, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Constellation Energy Generation, LLC; Nine Mile Point Nuclear Station, Units 1 and 2; Independent Spent Fuel Storage Installation, </SJDOC>
                    <PGS>12803-12805</PGS>
                    <FRDOCBP>2025-04555</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Privacy Act; Systems of Records, </DOC>
                    <PGS>12805-12823</PGS>
                    <FRDOCBP>2025-04580</FRDOCBP>
                </DOCENT>
                <SJ>Staff Assessment of a Proposed Agreement:</SJ>
                <SJDENT>
                    <SJDOC>Connecticut, </SJDOC>
                    <PGS>12795-12800</PGS>
                    <FRDOCBP>2025-04648</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Pipeline</EAR>
            <HD>Pipeline and Hazardous Materials Safety Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hazardous Materials:</SJ>
                <SJDENT>
                    <SJDOC>Request for Feedback on Determining the Effectiveness of Pressure Relief Devices on Composite Overwrapped Pressure Vessels, </SJDOC>
                    <PGS>12934-12936</PGS>
                    <FRDOCBP>2025-04605</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Postal Regulatory</EAR>
            <HD>Postal Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>New Postal Products, </DOC>
                    <PGS>12823-12824</PGS>
                    <FRDOCBP>2025-04621</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Securities</EAR>
            <HD>Securities and Exchange Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>12838</PGS>
                    <FRDOCBP>2025-04569</FRDOCBP>
                </DOCENT>
                <SJ>Application:</SJ>
                <SJDENT>
                    <SJDOC>Antares Strategic Credit Fund, et al., </SJDOC>
                    <PGS>12857-12858</PGS>
                    <FRDOCBP>2025-04646</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Columbia Credit Income Opportunities Fund and Columbia Management Investment Advisers, LLC, </SJDOC>
                    <PGS>12843-12844</PGS>
                    <FRDOCBP>2025-04644</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Jefferies Credit Management LLC and Jefferies Credit Partners BDC Inc., </SJDOC>
                    <PGS>12875-12876</PGS>
                    <FRDOCBP>2025-04647</FRDOCBP>
                </SJDENT>
                <SJ>Joint Industry Plan:</SJ>
                <SJDENT>
                    <SJDOC>National Market System Plan Governing the Consolidated Audit Trail Regarding the Proposed Customer and Account Information System Amendment, </SJDOC>
                    <PGS>12845-12856</PGS>
                    <FRDOCBP>2025-04516</FRDOCBP>
                </SJDENT>
                <SJ>Self-Regulatory Organizations; Proposed Rule Changes:</SJ>
                <SJDENT>
                    <SJDOC>Cboe BZX Exchange, Inc., </SJDOC>
                    <PGS>12824-12835, 12881-12890, 12914-12919</PGS>
                    <FRDOCBP>2025-04503</FRDOCBP>
                      
                    <FRDOCBP>2025-04505</FRDOCBP>
                      
                    <FRDOCBP>2025-04509</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Cboe EDGX Exchange, Inc., </SJDOC>
                    <PGS>12838-12843</PGS>
                    <FRDOCBP>2025-04504</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Cboe Exchange, Inc., </SJDOC>
                    <PGS>12865-12869</PGS>
                    <FRDOCBP>2025-04502</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Fixed Income Clearing Corp., </SJDOC>
                    <PGS>12870</PGS>
                    <FRDOCBP>2025-04507</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Investors Exchange LLC, </SJDOC>
                    <PGS>12890-12914</PGS>
                    <FRDOCBP>2025-04515</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Miami International Securities Exchange, LLC, </SJDOC>
                    <PGS>12844, 12870-12875</PGS>
                    <FRDOCBP>2025-04511</FRDOCBP>
                      
                    <FRDOCBP>2025-04518</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>MIAX Emerald, LLC, </SJDOC>
                    <PGS>12857</PGS>
                    <FRDOCBP>2025-04517</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>MIAX PEARL, LLC, </SJDOC>
                    <PGS>12876-12881</PGS>
                    <FRDOCBP>2025-04512</FRDOCBP>
                      
                    <FRDOCBP>2025-04519</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>MIAX Sapphire, LLC, </SJDOC>
                    <PGS>12859-12865</PGS>
                    <FRDOCBP>2025-04513</FRDOCBP>
                      
                    <FRDOCBP>2025-04520</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Securities Clearing Corp., </SJDOC>
                    <PGS>12844-12845</PGS>
                    <FRDOCBP>2025-04508</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>NYSE Arca, Inc., </SJDOC>
                    <PGS>12835-12838</PGS>
                    <FRDOCBP>2025-04510</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>The Depository Trust Co., </SJDOC>
                    <PGS>12858</PGS>
                    <FRDOCBP>2025-04506</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>The Nasdaq Stock Market LLC, </SJDOC>
                    <PGS>12858-12859</PGS>
                    <FRDOCBP>2025-04514</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Small Business</EAR>
            <HD>Small Business Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Disaster Declaration:</SJ>
                <SJDENT>
                    <SJDOC>Alaska, </SJDOC>
                    <PGS>12920</PGS>
                    <FRDOCBP>2025-04568</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Illinois, </SJDOC>
                    <PGS>12919-12920</PGS>
                    <FRDOCBP>2025-04573</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>New York, </SJDOC>
                    <PGS>12920</PGS>
                    <FRDOCBP>2025-04581</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Oregon, </SJDOC>
                    <PGS>12920-12921</PGS>
                    <FRDOCBP>2025-04575</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>West Virginia, </SJDOC>
                    <PGS>12919</PGS>
                    <FRDOCBP>2025-04562</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>State Department</EAR>
            <HD>State Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Global Magnitsky Human Rights Accountability Act Annual Report, </DOC>
                    <PGS>12921-12926</PGS>
                    <FRDOCBP>2025-04530</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>State Justice</EAR>
            <HD>State Justice Institute</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Hearings, Meetings, Proceedings, etc., </DOC>
                    <PGS>12926</PGS>
                    <FRDOCBP>2025-04491</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>
                Surface Transportation
                <PRTPAGE P="vi"/>
            </EAR>
            <HD>Surface Transportation Board</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Control:</SJ>
                <SJDENT>
                    <SJDOC>Canadian National Railway Co. and Grand Trunk Corp., Iowa Northern Railway Co. (General Oversight), </SJDOC>
                    <PGS>12926-12928</PGS>
                    <FRDOCBP>2025-04525</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Release of Waybill Data, </DOC>
                    <PGS>12928</PGS>
                    <FRDOCBP>2025-04531</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Transportation Department</EAR>
            <HD>Transportation Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Aviation Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Maritime Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Pipeline and Hazardous Materials Safety Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Security</EAR>
            <HD>Transportation Security Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Airport Security, </SJDOC>
                    <PGS>12756</PGS>
                    <FRDOCBP>2025-04551</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Treasury</EAR>
            <HD>Treasury Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Foreign Assets Control Office</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Customs</EAR>
            <HD>U.S. Customs and Border Protection</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Voluntary Self-Reported Exit Pilot, </SJDOC>
                    <PGS>12752-12756</PGS>
                    <FRDOCBP>2025-04731</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <PTS>
            <HD SOURCE="HED">Separate Parts In This Issue</HD>
            <HD>Part II</HD>
            <DOCENT>
                <DOC>Health and Human Services Department, </DOC>
                <PGS>12942-13032</PGS>
                <FRDOCBP>2025-04083</FRDOCBP>
            </DOCENT>
        </PTS>
        <AIDS>
            <HD SOURCE="HED">Reader Aids</HD>
            <P>Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.</P>
            <P>To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription.</P>
        </AIDS>
    </CNTNTS>
    <VOL>90</VOL>
    <NO>52</NO>
    <DATE>Wednesday, March 19, 2025</DATE>
    <UNITNAME>Rules and Regulations</UNITNAME>
    <RULES>
        <RULE>
            <PREAMB>
                <PRTPAGE P="12679"/>
                <AGENCY TYPE="F">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <CFR>10 CFR Part 72</CFR>
                <DEPDOC>[NRC-2024-0182]</DEPDOC>
                <RIN>RIN 3150-AL22</RIN>
                <SUBJECT>List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM UMAX Canister Storage System, Certificate of Compliance No. 1040, Revision 1 to Amendment Nos. 0 Through 2</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Direct final rule; confirmation of effective date.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of April 21, 2025, for the direct final rule that was published in the 
                        <E T="04">Federal Register</E>
                         on February 4, 2025. This direct final rule amended the NRC's spent fuel storage regulations by revising the Holtec International HI-STORM UMAX Canister Storage System listing within the “List of approved spent fuel storage casks” to include Revision 1 to Amendment Nos. 0 through 2 to Certificate of Compliance (CoC) No. 1040. Revision 1 to Amendment Nos. 0 through 2 updates the CoC appendix A technical specifications for radiation protection and the associated bases information to clearly articulate the basis for the dose rate limits for the closure lids, modify the dose rate limit values and the description of the location of the dose rate measurements, and make other editorial changes.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective date: The effective date of April 21, 2025, for the direct final rule published February 4, 2025 (90 FR 8861), is confirmed.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Please refer to Docket ID NRC-2024-0182 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal Rulemaking Website:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov</E>
                         and search for Docket ID NRC-2024-0182. Address questions about NRC dockets to Helen Chang; telephone: 301-415-3228; email: 
                        <E T="03">Helen.Chang@nrc.gov</E>
                        . For technical questions, contact the individual listed in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section of this document.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E>
                         You may obtain publicly available documents online in the ADAMS Public Documents collection at 
                        <E T="03">https://www.nrc.gov/reading-rm/adams.html.</E>
                         To begin the search, select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to 
                        <E T="03">PDR.Resource@nrc.gov.</E>
                         The revision of Certificate of Compliance No. 1040, the associated change(s) to the technical specification(s), and the final safety evaluation report(s) are available in ADAMS under Accession No. ML25065A166.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's PDR:</E>
                         The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to 
                        <E T="03">PDR.Resource@nrc.gov</E>
                         or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time, Monday through Friday, except Federal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        George Tartal, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0016, email: 
                        <E T="03">George.Tartal@nrc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    On February 4, 2025 (90 FR 8861), the NRC published a direct final rule amending its regulations in part 72 of title 10 of the 
                    <E T="03">Code of Federal Regulations</E>
                     to revise Amendment Nos. 0 through 2 to CoC No. 1040 for the Holtec International, HI-STORM UMAX Cannister Storage System. Revision 1 to Amendment Nos. 0 through 2 update the CoC appendix A technical specifications for radiation protection and the associated bases information to clearly articulate the basis for the dose rate limits for the closure lids, modify the dose rate limit values and the description of the location of the dose rate measurements, and make other editorial changes. In the direct final rule, the NRC stated that if no significant adverse comments were received, the direct final rule would become effective on April 21, 2025. The NRC received one comment on the direct final rule that was out of scope and not significantly adverse. Therefore, this direct final rule will become effective as scheduled.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <NAME>Araceli Billoch Colon,</NAME>
                    <TITLE>Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04624 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7590-01-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2024-2539; Project Identifier MCAI-2023-00971-E; Amendment 39-22985; AD 2025-05-13]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; Pratt &amp; Whitney Canada Corp. Engines</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is adopting a new airworthiness directive (AD) for certain Pratt &amp; Whitney Canada Corp. (P&amp;WC) Model PW535E and PW535E1 engines. This AD was prompted by a manufacturer design review that indicated certain flange bolts securing the gas generator case and turbine support case are susceptible to cracking at their current low-cycle fatigue (LCF) life. This AD requires repetitive borescope inspections (BSI) of the gas generator case to turbine support case retaining bolts for evidence of bolt cracks, bolt fracture, missing bolts, or loose bolts and replacement, if necessary, as specified in a Transport Canada AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <PRTPAGE P="12680"/>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective April 23, 2025.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 23, 2025.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No.FAA-2024-2539; 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 mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For Transport Canada material identified in this AD, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario, K1A 0N5, Canada; phone: (888) 663-3639; email: 
                        <E T="03">TC.AirworthinessDirectives-Consignesdenavigabilite.TC@tc.gc.ca;</E>
                         website: 
                        <E T="03">tc.canada.ca/en/aviation.</E>
                    </P>
                    <P>
                        • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222-5110. It is also available at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2024-2539.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Barbara Caufield, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-7146; email: 
                        <E T="03">barbara.caufield@faa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain P&amp;WC Model PW535E and PW535E1 engines. The NPRM published in the 
                    <E T="04">Federal Register</E>
                     on November 26, 2024 (89 FR 93225). The NPRM was prompted by Transport Canada AD CF-2023-60, dated August 14, 2023 (Transport Canada AD CF-2023-60) (also referred to as the MCAI), issued by Transport Canada, which is the aviation authority for Canada. The MCAI states that data from a design review by the manufacturer identified insufficient LCF life for flange bolts, having part number (P/N) MS9696-08 and P/N MS9489-06, that secure the engine gas generator and turbine support cases. At certain high-stress circumferential locations, LCF cracks could develop on the flange bolt and lead to fracture of the bolt. Multiple fractured bolts could lead to flange separation or case rupture, which may damage the engine and the airplane. To address this unsafe condition, the manufacturer published material that provides instructions for repetitive BSIs and replacement of the affected parts.
                </P>
                <P>In the NPRM, the FAA proposed to require repetitive BSI of the gas generator case to turbine support case retaining bolts for evidence of bolt cracks, bolt fracture, missing bolts, or loose bolts, and replacement, if necessary. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                <P>
                    You may examine the MCAI in the AD docket at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2024-2539.
                </P>
                <HD SOURCE="HD1">Discussion of Final Airworthiness Directive</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>The FAA received no comments on the NPRM or on the determination of the costs.</P>
                <HD SOURCE="HD1">Conclusion</HD>
                <P>These products have been approved by the aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, this AD is adopted as proposed in the NPRM.</P>
                <HD SOURCE="HD1">Material Incorporated by Reference Under 1 CFR Part 51</HD>
                <P>The FAA reviewed Transport Canada AD CF-2023-60, which identifies the affected gas generator case to turbine support case retaining bolts and specifies procedures for repetitive BSIs and replacement.</P>
                <P>
                    This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">Differences Between This AD and the MCAI</HD>
                <P>Where the service information referenced in Transport Canada AD CF-2023-60 requires reporting certain information to the manufacturer, this AD does not require such a submission.</P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD affects 521 engines installed on airplanes of U.S. registry.</P>
                <P>The FAA estimates the following costs to comply with this AD:</P>
                <GPOTABLE COLS="5" OPTS="L2,nj,i1" CDEF="s50,r50,12,12,12">
                    <TTITLE>Estimated Costs</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">
                            Cost per 
                            <LI>product</LI>
                        </CHED>
                        <CHED H="1">Cost on U.S. operators</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">BSI of gas generator case to turbine support case retaining bolts</ENT>
                        <ENT>2 work-hours × $85 per hour = $170</ENT>
                        <ENT>$0</ENT>
                        <ENT>$170</ENT>
                        <ENT>$88,570</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    The FAA estimates the following costs to do any necessary replacements that are required based on the results of the inspection. The agency has no way of determining the number of engines that might need these replacements:
                    <PRTPAGE P="12681"/>
                </P>
                <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s50,r50,12,12">
                    <TTITLE>On-Condition Costs</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">
                            Cost per
                            <LI>product</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Replacement of the gas generator case to turbine support case retaining bolts</ENT>
                        <ENT>4 work-hours × $85 per hour = $340</ENT>
                        <ENT>$337,701</ENT>
                        <ENT>$338,041</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>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.</P>
                <P>The FAA is 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.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>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.</P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Will not affect intrastate aviation in Alaska, and</P>
                <P>(3) 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.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority: </HD>
                        <P>49 U.S.C. 106(f), 40113, 44701.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 39.13 </SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>2. The FAA amends § 39.13 by adding the following new airworthiness directive:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2025-05-13 Pratt &amp; Whitney Canada Corp.:</E>
                             Amendment 39-22985; Docket No. FAA-2024-2539; Project Identifier MCAI-2023-00971-E.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective April 23, 2025.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>None.</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to Pratt &amp; Whitney Canada Corp. (P&amp;WC) Model PW535E and PW535E1 engines, as identified in Transport Canada Civil Aviation AD CF-2023-60, dated August 14, 2023 (Transport Canada AD CF-2023-60).</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Joint Aircraft System Component (JASC) Code 7250, Turbine Section.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by a manufacturer design review that indicated certain flange bolts securing the gas generator case and turbine support case have an inadequate low-cycle fatigue life. The FAA is issuing this AD to prevent crack, fracture, missing, or loosening of the gas generator case to turbine support case retaining bolts. The unsafe condition, if not addressed, could result in uncontained engine debris, damage to the engine, and damage to the airplane.</P>
                        <HD SOURCE="HD1">(f) Compliance</HD>
                        <P>Comply with this AD within the compliance times specified, unless already done.</P>
                        <HD SOURCE="HD1">(g) Required Actions</HD>
                        <P>Except as specified in paragraphs (h) and (i) of this AD: Perform all required actions within the compliance times specified in, and in accordance with, Transport Canada AD CF-2023-60.</P>
                        <HD SOURCE="HD1">(h) Exceptions to Transport Canada AD CF-2023-60</HD>
                        <P>(1) Where Transport Canada AD CF-2023-60 requires compliance from its effective date, this AD requires using the effective date of this AD.</P>
                        <P>(2) Where paragraph A.1. of Transport Canada AD CF-2023-60 refers to “discrepancy,” this AD defines that as “evidence of bolt cracks, bolt fracture, missing bolts, or loose bolts.”</P>
                        <P>(3) Where paragraph A.2. in Transport Canada AD CF-2023-60 specifies to “Repeat the above paragraph A.1. inspection and rectification requirements of this AD at intervals not to exceed 400 engine cycles,” this AD requires replacing that text with “Repeat the above paragraph A.1. inspection and rectification requirements of this AD thereafter at intervals not to exceed 400 engine cycles.”</P>
                        <P>(4) Where paragraph A.1. in Transport Canada AD CF-2023-60 specifies to “Inspect the bolts P/N MS9696-08 and P/N MS9489-06 within 400 cycles from the effective date of this AD,” this AD requires replacing that text with “Inspect affected bolts having P/N MS9696-08 and P/N MS9489-06 within 400 engine cycles from the effective date of this AD.”</P>
                        <P>(5) Where paragraph A.1. in Transport Canada AD CF-2023-60 specifies to “rectify any discrepancy in accordance with the Accomplishment Instructions of the applicable SB,” this AD requires replacing that text with “Following inspection, if any bolts are determined to be in an unserviceable condition, before further flight, replace the affected bolts in accordance with the applicable SB.”</P>
                        <HD SOURCE="HD1">(i) No Reporting Requirement</HD>
                        <P>Although the service information referenced in Transport Canada AD CF-2023-60 specifies to submit certain information to the manufacturer, this AD does not include that requirement.</P>
                        <HD SOURCE="HD1">(j) Alternative Methods of Compliance (AMOCs)</HD>
                        <P>
                            The Manager, AIR-520 Continued Operational Safety 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 AIR-520 Continued Operational Safety Branch, send it to the attention of the person identified in paragraph (k) of this AD and email to: 
                            <E T="03">AMOC@faa.gov.</E>
                        </P>
                        <P>(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.</P>
                        <HD SOURCE="HD1">(k) Additional Information</HD>
                        <P>
                            For more information about this AD, contact Barbara Caufield, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des 
                            <PRTPAGE P="12682"/>
                            Moines, WA 98198; phone: (781) 238-7146; email: 
                            <E T="03">barbara.caufield@faa.gov.</E>
                        </P>
                        <HD SOURCE="HD1">(l) Material Incorporated by Reference</HD>
                        <P>(1) The Director of the Federal Register approved the incorporation by reference of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
                        <P>(2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
                        <P>(i) Transport Canada AD CF-2023-60, dated August 14, 2023.</P>
                        <P>(ii) [Reserved]</P>
                        <P>
                            (3) For Transport Canada material identified in this AD, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; phone: (888) 663-3639; email: 
                            <E T="03">TC.AirworthinessDirectives-Consignesdenavigabilite.TC@tc.gc.ca;</E>
                             website: 
                            <E T="03">tc.canada.ca/en/aviation.</E>
                        </P>
                        <P>(4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222-5110.</P>
                        <P>
                            (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov</E>
                            .
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued on March 6, 2025.</DATED>
                    <NAME>Peter A. White,</NAME>
                    <TITLE>Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04441 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2024-2420; Project Identifier MCAI-2024-00143-T; Amendment 39-22978; AD 2025-05-06]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; De Havilland Aircraft of Canada Limited (Type Certificate Previously Held by Bombardier, Inc.) Airplanes</SUBJECT>
                <HD SOURCE="HD2">Correction</HD>
                <P>In rule document, 2025-03880, appearing on pages 11800 through 11802, in the issue of Wednesday, March 12, 2025, make the following correction:</P>
                <P>
                     On page 11800, in the second column, under the heading 
                    <E T="02">DATES</E>
                    , in the first and second lines, “April 18, 3036” should read“April 16, 2025”.
                </P>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>On page 11801, in the third column, on the twentieth line from the bottom of the page, Section 39.13 is corrected as set forth below.</AMDPAR>
                    <STARS/>
                    <SECTION>
                        <SECTNO>§ 39.13 </SECTNO>
                        <SUBJECT>[Corrected]</SUBJECT>
                        <STARS/>
                          
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective April 16, 2025.</P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
            </PREAMB>
            <FRDOC>[FR Doc. C1-2025-03880 Filed 3-13-25; 5:15 pm]</FRDOC>
            <BILCOD>BILLING CODE 0099-10-D</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2023-2151; Project Identifier AD-2023-00984-T; Amendment 39-22990; AD 2025-06-02]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; The Boeing Company Airplanes</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 777-200, -200LR, -300, -300ER, and 777F series airplanes. This AD was prompted by a report of a 5-inch crack on the upper wing skin at a certain wing station of the right wing. This AD requires repetitive inspections for cracking of the upper wing skin common to certain fasteners and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective April 23, 2025.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 23, 2025.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2023-2151; 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, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For Boeing material identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual &amp; Data Services (C&amp;DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; website 
                        <E T="03">myboeingfleet.com.</E>
                    </P>
                    <P>
                        • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2023-2151.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Luis Cortez-Muniz, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3958; email: 
                        <E T="03">Luis.A.Cortez-Muniz@faa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 777-200, -200LR, -300, -300ER, and 777F series airplanes. The NPRM published in the 
                    <E T="04">Federal Register</E>
                     on November 17, 2023 (88 FR 80216). The NPRM was prompted by a report of a 5-inch crack on the upper wing skin at wing station (WSTA) 460 of the right wing. In the NPRM, the FAA proposed to require repetitive inspections for cracking of the upper wing skin common to certain fasteners and applicable on-condition actions, including repair.
                </P>
                <P>
                    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 777-200, -200LR, -300, -300ER, and 777F series airplanes. The SNPRM published in the 
                    <E T="04">Federal Register</E>
                     on September 20, 2024 (89 FR 77049). The SNPRM was prompted by reports from Boeing of two events of cracking at the fastener 6 and 7 locations where the cracks initiated in the spanwise (inboard/outboard) direction. These cracks were detected only because of a repair accomplished on an adjacent fastener. The areas around the repaired fasteners were subsequently inspected with an open hole high frequency eddy current (HFEC) inspection, rather than with the ultrasonic (UT) inspection that was proposed in the NPRM. The SNPRM therefore proposed to require open hole HFEC inspections instead of UT inspections. The FAA is issuing this AD to address the possibility of an undetected upper wing skin crack.
                    <PRTPAGE P="12683"/>
                </P>
                <HD SOURCE="HD1">Discussion of Final Airworthiness Directive</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>The FAA received comments from five commenters, including Boeing and three individuals who supported the SNPRM without change, and American Airlines who supported the inspections specified in the SNPRM and also provided additional comments.</P>
                <P>The FAA received additional comments from five commenters, including All Nippon Airways, Air France, FedEx, American Airlines, and United Airlines (United). The following presents the comments received on the SNPRM and the FAA's response to each comment.</P>
                <HD SOURCE="HD1">Request for Compliance Time Extension</HD>
                <P>American Airlines and United requested a compliance time extension for previously inspected airplanes. American Airlines requested that airplanes on which Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, is accomplished by completing the UT inspections without the fastener 6 and 7 open hole HFEC inspections and had no crack findings be allowed to fly up to 4,700 flight cycles or 10,300 flight hours from the time of the inspection before they have to be brought back to accomplish the inspections with the newly proposed open hole HFEC inspections. The commenters did not provide justification for the request.</P>
                <P>United requested an additional grace period to conduct the fastener 6 and 7 open hole HFEC inspection on airplanes where the UT inspection was already conducted prior to the issuance of the final rule. United stated that this additional time is requested to allow for proper planning and execution of the open hole HFEC inspection; these inspections require a significant amount of time and effort to accomplish and will impact United's maintenance check scheduling. Additionally, United noted the materials required for the on-condition corrective action are currently out of stock and are subject to extended lead times from Boeing.</P>
                <P>The FAA disagrees with the request for an extended compliance time for airplanes on which UT inspections have been done as specified in the NPRM prior to the publication of the final rule. As the UT inspection would not adequately detect cracks common to the 6 and 7 fasteners, a grace period extension or allowing credit for accomplish the UT inspection may not adequately maintain an acceptable level of safety due to factors such as airplane age, utilization, inspection history, etc. In addition, the FAA notes that the on-condition corrective action is to contact Boeing for repair instructions and do the repair. The parts needed to do the repair will vary depending on the inspection findings. If parts for a specific repair are not available, operators may request a compliance time extension through alternative methods of compliance (AMOC) in accordance with paragraph (i) of this AD provided sufficient supporting data is submitted to show an acceptable level of safety is maintained.</P>
                <HD SOURCE="HD1">Request for Clarification of Inspection Compliance Time</HD>
                <P>Air France requested that the FAA clarify the fastener inspection compliance time for airplanes that have already accomplished inspection instructions in accordance with Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, prior to the emergence of the issue regarding open hole HFEC inspection of fasteners 6 and 7. Air France requested compliance time clarification since Air France had already inspected some group 4 airplanes with no finding after the UT inspection to comply with Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023. Air France stated that no open hole HFEC inspection was performed on fasteners 6 and 7 on these airplanes and they are scheduled to be reinspected within 4,700 flight cycles or 10,300 flight hours, whichever occurs first, after the first inspection. For these affected airplanes, Air France would like the FAA to specify if the open hole HFEC inspection on fasteners 6 and 7 is to be performed within 12 months or 4,300 flight hours, whichever occurs first, from the effective date of the proposed AD or at the next repeat inspection per Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, instructions.</P>
                <P>The FAA agrees to clarify the inspection compliance time. For airplanes on which the inspections specified in Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, were accomplished, without the open hole HFEC inspection for fasteners 6 and 7, accomplishing the open hole HFEC inspection for the subject fasteners is required within the inspection compliance times required by this AD, as required by paragraphs (g) and (h) of this AD, which includes a grace period of within 12 months or 4,300 flight hours, whichever occurs first, after the effective date of this AD. For any airplanes inspected in accordance with Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, without the open hole HFEC inspection of the subject fasteners prior to the issuance of this AD, the FAA may consider compliance time extensions through AMOCs in accordance with paragraph (i) of this AD, provided sufficient supporting data is submitted to show an acceptable level of safety is maintained.</P>
                <HD SOURCE="HD1">Request Credit for Previous Actions</HD>
                <P>American Airlines and United requested credit for previous actions for fasteners 6 and 7. American Airlines requested that previous accomplishment of open hole HFEC inspections at fastener 6 and 7 during repairs of cracks in the subject inspection area are considered compliant with the initial inspections on the subject wing side. United requested credit for conducting open hole HFEC inspections on fasteners 6 and 7 on group 4 airplanes before the AD issue date. The commenters did not provide justification for this request.</P>
                <P>The FAA agrees that previous accomplishment of open hole HFEC inspections at the subject fasteners are considered compliant if done as specified in paragraphs (g) and (h) of this AD. Paragraph (f) of this AD states to accomplish the required actions within the compliance times specified, “unless already done.” Therefore, if operators have accomplished the initial inspections required for compliance with this AD before the effective date of this AD, they are in compliance with those requirements. The FAA has not revised this AD in this regard.</P>
                <HD SOURCE="HD1">Request for FAA To Allow Open Hole HFEC Inspections in Lieu of UT Inspections</HD>
                <P>All Nippon Airways requested that the FAA accept the procedure to perform open hole HFEC inspections in lieu of UT inspections for affected fasteners or release an AD that requires revised service information reflecting this content. The commenter states that Boeing Information Notice 777-57A0125 IN 01, dated July 19, 2024, instructs operators to perform open hole HFEC in lieu of UT inspection. The commenter also stated formal Boeing approval via FAA Form 8100-9 will be needed because the open hole HFEC inspection in lieu of UT inspection has not been considered acceptable by the FAA.</P>
                <P>
                    The FAA disagrees with the request to release an AD that requires revised service information to accept the procedure to perform open hole HFEC inspections in lieu of UT inspections for affected fasteners because the FAA has already identified the open hole HFEC procedure as indicated in paragraphs 
                    <PRTPAGE P="12684"/>
                    (h)(4) through (7) of this AD. Additional approval would not be required as the open hole HFEC procedure is already required by the FAA in this AD. The FAA has not changed this AD in this regard.
                </P>
                <HD SOURCE="HD1">Request To Limit Inspection to Certain Airplanes</HD>
                <P>FedEx requested that paragraph (h)(7) of the proposed AD be revised to limit it to Model 777F (Group 6) airplanes with more than 40,000 total flight hours or 6,500 total flight cycles. FedEx stated that based on its inspection results, the inspection intervals in Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, and the added requirements in paragraph (h)(7) of the proposed AD are not in the public interest.</P>
                <P>FedEx noted that no cracks were found on airplanes with less than 48,000 total flight hours and for airplanes with more than 40,000 total flight hours, there is a low rate of crack findings with small cracks being found. FedEx concluded that the mandate to perform open hole HFEC inspections would result in a requirement to perform at least three sets of invasive, open hole inspections before an airplane reached 48,000 total flight hours when micro-cracking was first observed. FedEx also stated that the removal of interference fit fasteners will typically require subsequent installation of an oversize fasteners and multiple fastener replacements is expected to adversely affect the joint stiffness and fatigue life of the subject wing spar region.</P>
                <P>The FAA acknowledges that removal of interference fit fasteners may require oversizing the fastener hole but does not agree with delaying the inspections because the FAA considered crack reports across the entire 777 fleet of airplanes in determining the compliance times. The FAA received reports of crack findings earlier than 40,000 total flight hours or 6,500 total flight cycles. Therefore, the FAA has not changed this AD in this regard. The FAA will, however, consider AMOCs in accordance with the paragraph (i) of this AD for compliance time extensions provided substantiation data is submitted to show an acceptable level of safety is maintained with the alternate inspection intervals.</P>
                <HD SOURCE="HD1">Conclusion</HD>
                <P>The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, this AD is adopted as proposed in the SNPRM. None of the changes will increase the economic burden on any operator.</P>
                <HD SOURCE="HD1">Material Incorporated by Reference Under 1 CFR Part 51</HD>
                <P>The FAA reviewed Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023. This material specifies procedures for repetitive inspections for cracking of the upper wing skin common to certain fasteners and applicable on-condition actions. On-condition actions include repair.</P>
                <P>
                    This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD affects 323 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:</P>
                <GPOTABLE COLS="5" OPTS="L2,i1" CDEF="s50,r75,12,r50,r50">
                    <TTITLE>Estimated Costs</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">Cost per product</CHED>
                        <CHED H="1">Cost on U.S. operators</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Inspections</ENT>
                        <ENT>40 work-hours × $85 per hour = $3,400 per inspection cycle</ENT>
                        <ENT>* $1,480</ENT>
                        <ENT>$4,880 per inspection cycle</ENT>
                        <ENT>$1,576,240 per inspection cycle.</ENT>
                    </ROW>
                    <TNOTE>* An inspection kit is required.</TNOTE>
                </GPOTABLE>
                <P>The FAA has received no definitive data on which to base the cost estimates for the on-condition repairs specified in this AD.</P>
                <P>The FAA has included all known costs in its cost estimate. According to the manufacturer, however, some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected operators.</P>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>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.</P>
                <P>The FAA is 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.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>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.</P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Will not affect intrastate aviation in Alaska, and</P>
                <P>(3) 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.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>49 U.S.C. 106(f), 40113, 44701.</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT>
                    <SECTION>
                        <SECTNO>§ 39.13 </SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                </REGTEXT>
                <REGTEXT>
                    <AMDPAR>2. The FAA amends § 39.13 by adding the following new airworthiness directive:</AMDPAR>
                    <EXTRACT>
                        <PRTPAGE P="12685"/>
                        <FP SOURCE="FP-2">
                            <E T="04">2025-06-02 The Boeing Company:</E>
                             Amendment 39-22990; Docket No. FAA-2023-2151; Project Identifier AD-2023-00984-T.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective April 23, 2025.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>None.</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to all The Boeing Company Model 777-200, -200LR, -300, -300ER, and 777F series airplanes, certificated in any category.</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Air Transport Association (ATA) of America Code 57, Wings.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by a report of a 5-inch crack on the upper wing skin at wing station (WSTA) 460 of the right wing. The FAA is issuing this AD to address the possibility of an undetected upper wing skin crack. The unsafe condition, if not addressed, could result in the inability of the primary structural element to sustain limit load and could adversely affect the structural integrity of the airplane, resulting in loss of control of the airplane.</P>
                        <HD SOURCE="HD1">(f) Compliance</HD>
                        <P>Comply with this AD within the compliance times specified, unless already done.</P>
                        <HD SOURCE="HD1">(g) Required Actions</HD>
                        <P>Except as specified by paragraph (h) of this AD: At the applicable times specified in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023.</P>
                        <P>
                            <E T="04">Note 1 to paragraph (g):</E>
                             Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 777-57A0125, dated July 25, 2023, which is referred to in Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023.
                        </P>
                        <HD SOURCE="HD1">(h) Exceptions to Service Information Specifications</HD>
                        <P>(1) Where Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, uses the phrase “the original issue date of Requirements Bulletin 777-57A0125 RB,” this AD requires using the effective date of this AD.</P>
                        <P>(2) Where Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, specifies contacting Boeing for repair instructions: This AD requires doing the repair before further flight using a method approved in accordance with the procedures specified in paragraph (i) of this AD.</P>
                        <P>(3) Where note (a) of the tables in the “Compliance” paragraph and Accomplishment Instructions of Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, specifies that a “repair for any crack found on the left wing is terminating action to the repeat inspection on the left wing only,” or that a “repair for any crack found on the right wing is terminating action to the repeat inspection on the right wing only,” for this AD, performing a repair for any crack in accordance with the procedures specified in paragraph (i) of this AD terminates the repetitive inspections required by (g) of this AD at the repaired area only.</P>
                        <P>(4) For Model 777-300 (Group 3) airplanes, where Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, specifies an ultrasonic (UT) inspection of the upper wing skin common to fasteners 11 and 12, this AD requires an open hole high frequency eddy current (HFEC) inspection of fasteners 11 and 12 in accordance with Figures 5 and 6 (for the left wing) or Figures 18 and 19 (for the right wing), as applicable.</P>
                        <P>(5) For Model 777-300ER (Group 4) airplanes, where Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, requires a UT inspection of the upper wing skin common to fasteners 6 and 7, this AD requires this AD requires an open hole HFEC inspection of fasteners 6 and 7 in accordance with Figures 30 and 34 (for the left wing) or Figures 39 and 43 (for the right wing), as applicable.</P>
                        <P>(6) For Model 777-200LR (Group 5) airplanes, where Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, requires a UT inspection of the upper wing skin common to fasteners 6 and 7, this AD requires an open hole HFEC inspection of fasteners 6 and 7 in accordance with Figures 30 and 34 (for the left wing) or Figures 39 and 43 (for the right wing), as applicable.</P>
                        <P>(7) For Model 777F (Group 6) airplanes, where Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023, requires a UT inspection of the upper wing skin common to fasteners 6 and 7, this AD requires an open hole HFEC inspection of fasteners 6 and 7 in accordance with Figures 30 and 34 (for the left wing) or Figures 39 and 43 (for the right wing), as applicable.</P>
                        <HD SOURCE="HD1">(i) Alternative Methods of Compliance (AMOCs)</HD>
                        <P>
                            (1) The Manager, AIR-520, Continued Operational Safety 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 responsible Flight Standards 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 (j)(1) of this AD. Information may be emailed to: 
                            <E T="03">AMOC@faa.gov.</E>
                        </P>
                        <P>(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.</P>
                        <P>(3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, AIR-520, Continued Operational Safety Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD.</P>
                        <HD SOURCE="HD1">(j) Related Information</HD>
                        <P>
                            (1) For more information about this AD, contact Luis Cortez-Muniz, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; phone: 206-231-3958; email: 
                            <E T="03">Luis.A.Cortez-Muniz@faa.gov.</E>
                        </P>
                        <P>(2) Material identified in this AD that is not incorporated by reference is available at the address specified in paragraph (k)(3) this AD.</P>
                        <HD SOURCE="HD1">(k) Material Incorporated by Reference</HD>
                        <P>(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.</P>
                        <P>(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
                        <P>(i) Boeing Alert Requirements Bulletin 777-57A0125 RB, dated July 25, 2023.</P>
                        <P>(ii) [Reserved]</P>
                        <P>
                            (3) For Boeing material, contact Boeing Commercial Airplanes, Attention: Contractual &amp; Data Services (C&amp;DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; website 
                            <E T="03">myboeingfleet.com.</E>
                        </P>
                        <P>(4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.</P>
                        <P>
                            (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov.</E>
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued on March 13, 2025.</DATED>
                    <NAME>Peter A. White,</NAME>
                    <TITLE>Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04440 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2024-2538; Project Identifier MCAI-2023-01211-E; Amendment 39-22991; AD 2025-06-03]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; Rolls-Royce Deutschland Ltd &amp; Co KG Engines</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <PRTPAGE P="12686"/>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is superseding Airworthiness Directive (AD) 2022-24-06 for certain Rolls-Royce Deutschland Ltd &amp; Co KG (RRD) Model BR700-710A1-10, BR700-710A2-20, and BR700-710C4-11 engines. AD 2022-24-06 required initial and repetitive visual inspections of certain low-pressure compressor (LPC) rotor (fan) disks and replacement of any LPC rotor (fan) disk with cracks detected. AD 2022-24-06 also allows for modification of the engine in accordance with RRD service information as a terminating action to these inspections. Since the FAA issued AD 2022-24-06, the manufacturer published updated service information and revised the engine maintenance manual (EMM) to provide instructions for an improved ultrasonic inspection method, which prompted this AD. This AD requires initial and repetitive visual inspections of certain LPC rotor (fan) disks and replacement of any LPC rotor (fan) disk with cracks detected and would allow modification of the engine as a terminating action to the inspections, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective April 23, 2025.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 23, 2025.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2024-2538; 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 mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For EASA material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: 
                        <E T="03">ADs@easa.europa.eu.</E>
                         You may find this material on the EASA website at 
                        <E T="03">ad.easa.europa.eu.</E>
                    </P>
                    <P>
                        • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222-5110. It is also available at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2024-2538.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Barbara Caufield, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-7146; email: 
                        <E T="03">barbara.caufield@faa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2022-24-06, Amendment 39-22246 (87 FR 73919, December 2, 2022), (AD 2022-24-06). AD 2022-24-06 applied to RRD Model BR700-710A1-10, BR700-710A2-20, and BR700-710C4-11 engines. AD 2022-24-06 required initial and repetitive visual inspections of certain LPC rotor (fan) disks and replacement of any LPC rotor (fan) disk with cracks detected. AD 2022-24-06 also allows for modification of the engine in accordance with RRD service information as a terminating action to these inspections. The FAA issued AD 2022-24-06 to prevent failure of the LPC rotor fan or blade.</P>
                <P>
                    The NPRM published in the 
                    <E T="04">Federal Register</E>
                     on November 26, 2024 (89 FR 93230). The NPRM was prompted by EASA AD 2022-0110R1, dated November 22, 2023 (EASA AD 2022-0110R1) (also referred to as the MCAI), issued by EASA, which is the Technical Agent for the Member States of the European Union. The MCAI states that the manufacturer published updated service information and revised the EMM to provide instructions for an improved ultrasonic inspection method for certain LPC rotor (fan) disks.
                </P>
                <P>In the NPRM, the FAA proposed to retain all of the requirements of AD 2022-24-06. The NPRM proposed to require initial and repetitive visual inspections of certain LPC rotor (fan) disks and replacement of any LPC rotor (fan) disk with cracks detected and would allow modification of the engine as a terminating action to the inspections, as specified in EASA AD 2022-0110R1.</P>
                <HD SOURCE="HD1">Discussion of Final Airworthiness Directive</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>The FAA received one comment from an anonymous commenter that supported the NPRM without change.</P>
                <HD SOURCE="HD1">Conclusion</HD>
                <P>These products have been approved by the aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered the comment received, and determined that air safety requires adopting the AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, this AD is adopted as proposed in the NPRM.</P>
                <HD SOURCE="HD1">Material Incorporated by Reference Under 1 CFR Part 51</HD>
                <P>The FAA reviewed EASA AD 2022-0110R1, which specifies procedures for initial and repetitive visual inspections of certain LPC rotor (fan) disks, and replacement of any LPC rotor (fan) disk with cracks detected.</P>
                <P>
                    This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD affects 586 engines installed on airplanes of U.S. registry.</P>
                <P>The FAA estimates the following costs to comply with this AD:</P>
                <GPOTABLE COLS="5" OPTS="L2,nj,i1" CDEF="s50,r50,12,12,12">
                    <TTITLE>Estimated Costs</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">
                            Cost per 
                            <LI>product</LI>
                        </CHED>
                        <CHED H="1">Cost on U.S. operators</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Inspect LPC compressor rotor (fan) disk</ENT>
                        <ENT>4 work-hours × $85 per hour = $340</ENT>
                        <ENT>$0</ENT>
                        <ENT>$340</ENT>
                        <ENT>$199,240</ENT>
                    </ROW>
                </GPOTABLE>
                <PRTPAGE P="12687"/>
                <P>The FAA estimates the following costs to do any necessary replacements that would be required based on the results of the required inspection. The agency has no way of determining the number of engines that might need these replacements:</P>
                <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s50,r50,12,12">
                    <TTITLE>On-Condition Costs</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">
                            Cost per 
                            <LI>product</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Replace LPC compressor rotor (fan) disk</ENT>
                        <ENT>10 work-hours × $85 per hour = $850</ENT>
                        <ENT>$470,000</ENT>
                        <ENT>$470,850</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>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.</P>
                <P>The FAA is 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.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>The FAA has determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Will not affect intrastate aviation in Alaska, and</P>
                <P>(3) 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.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 49 U.S.C. 106(g), 40113, 44701.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 39.13 </SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>2. The FAA amends § 39.13 by:</AMDPAR>
                    <AMDPAR>a. Removing Airworthiness Directive AD 2022-24-06, Amendment 39-22246 (87 FR 73919, December 2, 2022); and</AMDPAR>
                    <AMDPAR>b. Adding the following new airworthiness directive:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2025-06-03 Rolls-Royce Deutschland Ltd &amp; Co KG:</E>
                             Amendment 39-22991; Docket No. FAA-2024-2538; Project Identifier MCAI-2023-01211-E.
                        </FP>
                    </EXTRACT>
                    <EXTRACT>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective April 23, 2025.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>This AD replaces AD 2022-24-06, Amendment 39-22246 (87 FR 73919, December 2, 2022) (AD 2022-24-06).</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to Rolls-Royce Deutschland Ltd &amp; Co KG (RRD) Model BR700-710A1-10, BR700-710A2-20, and BR700-710C4-11 engines as identified in European Union Aviation Safety Agency AD 2022-0110R1, dated November 22, 2023 (EASA AD 2022-0110R1).</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Joint Aircraft Service Component (JASC) Code 7230, Turbine Engine Compressor Section.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by reports of cracks on certain low-pressure compressor (LPC) rotor (fan) disks. The FAA is issuing this AD to prevent failure of the LPC rotor fan or blade. The unsafe condition, if not addressed, could result in high energy debris release, damage to the airplane, and reduced control of the airplane.</P>
                        <HD SOURCE="HD1">(f) Compliance</HD>
                        <P>Comply with this AD within the compliance times specified, unless already done.</P>
                        <HD SOURCE="HD1">(g) Required Actions</HD>
                        <P>Except as specified in paragraphs (h) and (i) of this AD: Perform all required actions within the compliance times specified in, and in accordance with, EASA AD 2022-0110R1.</P>
                        <HD SOURCE="HD1">(h) Exceptions to EASA AD 2022-0110R1</HD>
                        <P>(1) Where EASA AD 2022-0110R1 requires compliance from its effective date, this AD requires using the effective date of this AD.</P>
                        <P>(2) Where EASA AD 2022-0110R1 requires compliance from “29 June 2022 [the effective date of the original issue of this AD],” this AD requires replacing that text with “January 6, 2023 (the effective date of AD 2022-24-06).”</P>
                        <P>(3) This AD does not require compliance with paragraph (7) of EASA AD 2022-0110R1. The actions required by paragraph 7 of EASA AD 2022-0110R1 were included in AD 2022-26-02, Amendment 39-22280 (87 FR 78846, December 23, 2022), and for this AD may be used for informational purposes.</P>
                        <P>(4) This AD does not adopt the “Remarks” paragraph of EASA AD 2022-0110R1.</P>
                        <HD SOURCE="HD1">(i) No Reporting Requirement</HD>
                        <P>Although the service information referenced in EASA AD 2022-0110R1 specifies to submit certain information to the manufacturer, this AD does not include that requirement.</P>
                        <HD SOURCE="HD1">(j) Alternative Methods of Compliance (AMOCs)</HD>
                        <P>
                            (1) The Manager, AIR-520 Continued Operational Safety 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 AIR-520 Continued Operational Safety Branch, send it to the attention of the person identified in paragraph (k) of this AD and email to: 
                            <E T="03">AMOC@faa.gov</E>
                            .
                        </P>
                        <P>(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.</P>
                        <HD SOURCE="HD1">(k) Additional Information</HD>
                        <P>
                            For more information about this AD, contact Barbara Caufield, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: (781) 238-7146; email: 
                            <E T="03">barbara.caufield@faa.gov.</E>
                        </P>
                        <HD SOURCE="HD1">(l) Material Incorporated by Reference</HD>
                        <P>
                            (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
                            <PRTPAGE P="12688"/>
                        </P>
                        <P>(2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
                        <P>(i) European Union Aviation Safety Agency (EASA) AD 2022-0110R1, dated November 22, 2023.</P>
                        <P>(ii) [Reserved]</P>
                        <P>
                            (3) For EASA material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: 
                            <E T="03">ADs@easa.europa.eu;</E>
                             website: 
                            <E T="03">easa.europa.eu.</E>
                             You may find this EASA AD on the EASA website at 
                            <E T="03">ad.easa.europa.eu.</E>
                        </P>
                        <P>(4) You may view this material at FAA, Airworthiness Products Section, Operational Safety Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (817) 222-5110.</P>
                        <P>
                            (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov</E>
                            .
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued on March 11, 2025.</DATED>
                    <NAME>Peter A. White,</NAME>
                    <TITLE>Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04445 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 52</CFR>
                <DEPDOC>[EPA-R09-OAR-2024-0315; FRL-12098-02-R9]</DEPDOC>
                <SUBJECT>Air Plan Revisions; California; Feather River Air Quality Management District</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Feather River Air Quality Management District (FRAQMD or “District”) portion of the California State Implementation Plan (SIP). This revision concerns recodification of certain rules to replace historical Sutter County Air Pollution Control District and Yuba County Air Pollution Control District rules with the corresponding FRAQMD rules. These rules regulate pollutants under the Clean Air Act (CAA or “Act”).</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective April 18, 2025.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The EPA has established a docket for this action under Docket ID No. EPA-R09-OAR-2024-0315. All documents in the docket are listed on the 
                        <E T="03">https://www.regulations.gov</E>
                         website. Although listed in the index, some information is not publicly available, 
                        <E T="03">e.g.,</E>
                         Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available through 
                        <E T="03">https://www.regulations.gov,</E>
                         or please contact the person identified in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section for additional availability information. If you need assistance in a language other than English or if you are a person with a disability who needs a reasonable accommodation at no cost to you, please contact the person identified in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mae Wang, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105; phone: (415) 947-4137; email: 
                        <E T="03">wang.mae@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Throughout this document, “we,” “us” and “our” refer to the EPA.</P>
                <HD SOURCE="HD1">Table of Contents </HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. Proposed Action</FP>
                    <FP SOURCE="FP-2">II. Public Comments and EPA Responses</FP>
                    <FP SOURCE="FP-2">III. EPA Action</FP>
                    <FP SOURCE="FP-2">IV. Incorporation by Reference</FP>
                    <FP SOURCE="FP-2">V. Statutory and Executive Order Reviews</FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. Proposed Action</HD>
                <P>On September 5, 2024 (89 FR 72353), the EPA proposed to approve the submitted FRAQMD rules listed below into the California SIP because they represent recodifications of existing SIP rules. These rules will supersede the Sutter County Air Pollution Control District (SCAPCD) and Yuba County Air Pollution Control District (YCAPCD) rules of the same corresponding number. The EPA therefore also proposed to approve the rescissions of the corresponding SCAPCD and YCAPCD rules because they mirror recodified rules proposed for approval.</P>
                <P>The rules were locally adopted by the FRAQMD on August 12, 1991. They were initially scheduled for adoption at a June 1991 Board Meeting, but the adoption was postponed to August 1991. The FRAQMD ultimately adopted the rules in this section on August 12, 1991, but “6/91” remained as the adoption date printed on the rules. Additionally, a typographic error in Rule 3.3 was corrected and adopted by the FRAQMD on October 3, 2022, without changing the official adoption date of the rule. The rules submitted by CARB on May 11, 2023, for inclusion in the California SIP are:</P>
                <EXTRACT>
                    <FP SOURCE="FP-1">Rule 3.0, Visible Emissions</FP>
                    <FP SOURCE="FP-1">Rule 3.1, Exceptions to Rule 3.0 (excluding paragraph D)</FP>
                    <FP SOURCE="FP-1">Rule 3.2, Particulate Matter Concentration</FP>
                    <FP SOURCE="FP-1">Rule 3.3, Dust and Fumes</FP>
                    <FP SOURCE="FP-1">Rule 3.4, Separation of Emissions</FP>
                    <FP SOURCE="FP-1">Rule 3.5, Combination of Emissions</FP>
                    <FP SOURCE="FP-1">Rule 3.6, Abrasive Blasting</FP>
                    <FP SOURCE="FP-1">Rule 3.7, Reduction of Animal Matter</FP>
                    <FP SOURCE="FP-1">Rule 3.10, Sulfur Oxides</FP>
                    <FP SOURCE="FP-1">Rule 3.13, Circumvention</FP>
                    <FP SOURCE="FP-1">Rule 9.6, Equipment Breakdown</FP>
                </EXTRACT>
                <P>We proposed to approve these rules because they represent recodifications of existing SIP rules. Our proposed action contains more information on the rules and our evaluation.</P>
                <HD SOURCE="HD1">II. Public Comments and EPA Responses</HD>
                <P>The EPA's proposed action provided a 30-day public comment period. During this period, we received four comments, one of which is a duplicate of a previous submission. The three distinct comments were from members of the public. All the comment submissions can be found in the docket for this rulemaking.</P>
                <P>
                    <E T="03">Comment 1:</E>
                     One commenter acknowledged that the “idea of combining the regulations across both counties will make for a more cohesive plan and environment.” However, while there was no clear objection to the recodification of the existing SIP rules, the commenter asserted that much has changed since the original rules were adopted with respect to environmental justice (EJ) and economic and environmental conditions. The commenter also suggested that the SIP revision at issue could represent an opportunity to evaluate the existing rules in light of current topics and conditions and provide for community growth and input and to restructure the laws and regulations to get the best outcome for everyone, rather than simply reestablishing existing rules.
                </P>
                <P>
                    <E T="03">Response 1:</E>
                     The commenter correctly states that “the original rules have been in place for several decades at this point.” We acknowledge the commenter's interest in more current and potentially better regulations or regulatory strategies from the FRAQMD. We encourage public participation in the FRAQMD's current and future rule development efforts. The purpose of this EPA rulemaking is to replace the SCAPCD and YCAPCD rules now existing in the federally enforceable SIP in favor of rules that reflect the FRAQMD's current locally enforceable rulebook. This aligns the federally enforceable SIP versions of the rules with those that are in effect in the FRAQMD until the FRAQMD develops more current regulations.
                    <PRTPAGE P="12689"/>
                </P>
                <P>As explained in our September 5, 2024 proposal, we consider the recodification of existing SIP rules to be administrative in nature and not warranting a new review of the substance of the rules. The rules being approved have all been previously approved into the SIP, and this rulemaking merely reflects that the rules were recodified by the FRAQMD when it was created. Without this rulemaking, the FRAQMD portion of the California SIP would continue to contain certain rules from the SCAPCD and the YCAPCD, which are FRAQMD predecessor agencies that no longer exist. This rulemaking does not imply any position with respect to the approvability of the substance of the rules. The substance of these rules is already in the SIP because the submitted FRAQMD rules are essentially identical to the corresponding SCAPCD and YCAPCD rules. Therefore, we are not reviewing the substance of the rules at this time.</P>
                <P>
                    <E T="03">Comment 2:</E>
                     Another commenter expressed support for the proposed action and a desire for stricter open burning regulations in the FRAQMD.
                </P>
                <P>
                    <E T="03">Response 2:</E>
                     We acknowledge the interest in stricter open burning regulations. FRAQMD's requirements related to open burning are found in Regulation II, but the FRAQMD rules that are the subject of this action are found in Regulation III and Regulation IX. As such, the comment for stricter open burning regulations lies outside the scope of this rulemaking.
                </P>
                <P>
                    <E T="03">Comment 3:</E>
                     The third commenter expressed support for the proposed action, saying that updating the SIP to replace outdated rules with the FRAQMD rules “ensures that there is a clear and consistent regulatory framework” and “provides clarity and transparency in regulatory enforcement.” Additionally, the commenter stated that “Having less confusing regulatory requirements fosters better compliance and enforcement, ultimately leading to cleaner air for everyone,” and expressed that the proposed action is a proactive approach to improving air quality and embodies a commitment to public health.
                </P>
                <P>
                    <E T="03">Response 3:</E>
                     The EPA acknowledges the support for our action. In this document, we are taking final action to replace certain historical SCAPCD and YCAPCD rules in the SIP with the corresponding FRAQMD rules.
                </P>
                <HD SOURCE="HD1">III. EPA Action</HD>
                <P>No comments were submitted that change our assessment of the submitted request as described in our proposed action. Therefore, as authorized in section 110(k)(3) of the Act, the EPA is approving the following rules into the California SIP: FRAQMD Rules 3.0, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.10, 3.13, and 9.6. These rules will replace the corresponding historical SCAPCD and YCAPCD rules in the SIP.</P>
                <HD SOURCE="HD1">IV. Incorporation by Reference</HD>
                <P>
                    In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of FRAQMD Rule 3.0, “Visible Emissions”; FRAQMD Rule 3.1, “Exceptions to Rule 3.0” (excluding paragraph D); FRAQMD Rule 3.2, “Particulate Matter Concentration”; FRAQMD Rule 3.3, “Dust and Fumes”; FRAQMD Rule 3.4, “Separation of Emissions”; FRAQMD Rule 3.5, “Combination of Emissions”; FRAQMD Rule 3.6, “Abrasive Blasting”; FRAQMD Rule 3.7, “Reduction of Animal Matter”; FRAQMD Rule 3.10,” Sulfur Oxides”; FRAQMD Rule 3.13, “Circumvention”; and FRAQMD Rule 9.6, “Equipment Breakdown,” all adopted on August 12, 1991, which regulate emissions of air pollutants. The EPA has made, and will continue to make, these documents available through 
                    <E T="03">https://www.regulations.gov</E>
                     and at the EPA Region IX Office (please contact the person identified in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section of this preamble for more information).
                </P>
                <HD SOURCE="HD1">V. Statutory and Executive Order Reviews</HD>
                <P>Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:</P>
                <P>• Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);</P>
                <P>
                    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    );
                </P>
                <P>
                    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 
                    <E T="03">et seq.</E>
                    );
                </P>
                <P>• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);</P>
                <P>• Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);</P>
                <P>• Is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it approves a state program;</P>
                <P>• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and</P>
                <P>• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act.</P>
                <P>In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).</P>
                <P>This action is subject to the Congressional Review Act (CRA), and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).</P>
                <P>Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 19, 2025. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 40 CFR Part 52</HD>
                    <P>Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.</P>
                </LSTSUB>
                <SIG>
                    <PRTPAGE P="12690"/>
                    <DATED>Dated: March 4, 2025.</DATED>
                    <NAME>Cheree D. Peterson,</NAME>
                    <TITLE>Acting Regional Administrator, Region IX.</TITLE>
                </SIG>
                <P>For the reasons stated in the preamble, the EPA amends part 52, chapter I, title 40 of the Code of Federal Regulations as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS</HD>
                </PART>
                <REGTEXT TITLE="40" PART="52">
                    <AMDPAR>1. The authority citation for part 52 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority: </HD>
                        <P>
                             42 U.S.C. 7401 
                            <E T="03">et seq.</E>
                        </P>
                    </AUTH>
                </REGTEXT>
                <SUBPART>
                    <HD SOURCE="HED">Subpart F—California</HD>
                </SUBPART>
                <REGTEXT TITLE="40" PART="52">
                    <AMDPAR>2. Section 52.220 is amended by adding paragraphs (c)(89)(iii)(G), (c)(98)(i)(H), (c)(125)(vii)(B), and (c)(610)(i)(E).</AMDPAR>
                    <P>The additions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 52.220 </SECTNO>
                        <SUBJECT>Identification of plan—in part.</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(89) * * *</P>
                        <P>(iii) * * *</P>
                        <P>
                            (G) Previously approved on April 12, 1982, in paragraph (c)(89)(iii)(B) of this section and now deleted with replacement in (c)(610)(i)(E)(
                            <E T="03">1</E>
                            )-(
                            <E T="03">10</E>
                            ) of this section: Rules 3.0-3.7, 3.10, and 3.13.
                        </P>
                        <STARS/>
                        <P>(98) * * *</P>
                        <P>(i) * * *</P>
                        <P>
                            (H) Previously approved on April 12, 1982, in paragraph (c)(98)(i)(B) of this section and now deleted with replacement in (c)(610)(i)(E)(
                            <E T="03">1</E>
                            )-(
                            <E T="03">11</E>
                            ) of this section: Rules 3.0-3.7, 3.10, 3.13, and 9.6.
                        </P>
                        <STARS/>
                        <P>(125) * * *</P>
                        <P>(vii) * * *</P>
                        <P>
                            (B) Previously approved on November 10, 1982, in paragraph (c)(125)(vii)(A) of this section and now deleted with replacement in (c)(610)(i)(E)(
                            <E T="03">11</E>
                            ) of this section: Rule 9.6.
                        </P>
                        <STARS/>
                        <P>(610) * * *</P>
                        <P>(i) * * *</P>
                        <P>(E) Feather River Air Quality Management District.</P>
                        <P>
                            (
                            <E T="03">1</E>
                            ) Rule 3.0, “Visible Emissions,” adopted on August 12, 1991.
                        </P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) Rule 3.1, “Exceptions to Rule 3.0,” (excluding paragraph D), adopted on August 12, 1991.
                        </P>
                        <P>
                            (
                            <E T="03">3</E>
                            ) Rule 3.2, “Particulate Matter Concentration,” adopted on August 12, 1991.
                        </P>
                        <P>
                            (
                            <E T="03">4</E>
                            ) Rule 3.3, “Dust and Fumes,” adopted on August 12, 1991.
                        </P>
                        <P>
                            (
                            <E T="03">5</E>
                            ) Rule 3.4, “Separation of Emissions,” adopted on August 12, 1991.
                        </P>
                        <P>
                            (
                            <E T="03">6</E>
                            ) Rule 3.5, “Combination of Emissions,” adopted on August 12, 1991.
                        </P>
                        <P>
                            (
                            <E T="03">7</E>
                            ) Rule 3.6, “Abrasive Blasting,” adopted on August 12, 1991.
                        </P>
                        <P>
                            (
                            <E T="03">8</E>
                            ) Rule 3.7, “Reduction of Animal Matter,” adopted on August 12, 1991.
                        </P>
                        <P>
                            (
                            <E T="03">9</E>
                            ) Rule 3.10, “Sulfur Oxides,” adopted on August 12, 1991.
                        </P>
                        <P>
                            (
                            <E T="03">10</E>
                            ) Rule 3.13, “Circumvention,” adopted on August 12, 1991.
                        </P>
                        <P>
                            (
                            <E T="03">11</E>
                            ) Rule 9.6, “Equipment Breakdown.” adopted on August 12, 1991.
                        </P>
                        <NOTE>
                            <HD SOURCE="HED">Note 1 to paragraph (c)(610)(i)(E):</HD>
                            <P>The FRAQMD rules referenced in this paragraph (c)(610)(i)(E) were initially scheduled for adoption at a June 1991 Board Meeting, but the adoption was postponed to August 1991. The FRAQMD ultimately adopted the rules in this section on August 12, 1991, but “6/91” remained as the adoption date printed on the rules. Additionally, a typographic error in Rule 3.3 was corrected and adopted by the FRAQMD on October 3, 2022, without changing the official adoption date of the rule.</P>
                        </NOTE>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04041 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">COUNCIL ON ENVIRONMENTAL QUALITY</AGENCY>
                <CFR>40 CFR Parts 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1507, and 1508</CFR>
                <DEPDOC>[CEQ-2025-0002]</DEPDOC>
                <RIN>RIN 0331-AA10</RIN>
                <SUBJECT>Removal of National Environmental Policy Act Implementing Regulations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Council on Environmental Quality.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Interim final rule; correction.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This document corrects the words of issuance in the interim final rule published by the Council on Environmental Quality (CEQ) in the 
                        <E T="04">Federal Register</E>
                         of February 25, 2025, regarding the removal of CEQ's regulations implementing the National Environmental Policy Act from the Code of Federal Regulations.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective April 11, 2025.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Megan Healy, Principal Deputy Director for NEPA, 202-395-5750, 
                        <E T="03">Megan.E.Healy@ceq.eop.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Correction</HD>
                <P>
                    In rule document 2025-03014, appearing on page 10610 through 10616 in the 
                    <E T="04">Federal Register</E>
                     of Tuesday, February 25, 2025, the following correction is made:
                </P>
                <P>On page 10616, in the third column, in the last paragraph, the words of issuance “For the reasons stated in the preamble, the Council on Environmental Quality amends subchapter A of chapter V in title 40 of the Code of Federal Regulations by removing and reserving parts 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1507, and 1508” are corrected to read “For the reasons stated in the preamble, and under the authority of 42 U.S.C. 4321-4347; E.O. 14154, 90 FR 8353 (Jan. 29, 2025), the Council on Environmental Quality amends subchapter A of chapter V in title 40 of the Code of Federal Regulations by removing and reserving parts 1500, 1501, 1502, 1503, 1504, 1505, 1506, 1507, and 1508.”</P>
                <SIG>
                    <NAME>Jomar Maldonado Vazquez,</NAME>
                    <TITLE>Director for NEPA.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04640 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3325-FC-P</BILCOD>
        </RULE>
    </RULES>
    <VOL>90</VOL>
    <NO>52</NO>
    <DATE>Wednesday, March 19, 2025</DATE>
    <UNITNAME>Proposed Rules</UNITNAME>
    <PRORULES>
        <PRORULE>
            <PREAMB>
                <PRTPAGE P="12691"/>
                <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2025-0350; Project Identifier MCAI-2023-00877-R]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; Airbus Helicopters</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of proposed rulemaking (NPRM).</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA proposes to adopt a new airworthiness directive (AD) for all Airbus Helicopters Model AS332L1 helicopters. This proposed AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. This proposed AD would require revising the airworthiness limitations section (ALS) of the existing maintenance manual (MM) or instructions for continued airworthiness (ICAs) and the existing approved maintenance or inspection program, as applicable, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference. The FAA is proposing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The FAA must receive comments on this proposed AD by May 5, 2025.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">regulations.gov.</E>
                         Follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         (202) 493-2251.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery:</E>
                         Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2025-0350; 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 mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For EASA material identified in this proposed AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: 
                        <E T="03">ADs@easa.europa.eu;</E>
                         website: 
                        <E T="03">easa.europa.eu.</E>
                         You may find the EASA material on the EASA website at 
                        <E T="03">ad.easa.europa.eu.</E>
                    </P>
                    <P>
                        • You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room 6N 321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110. It is also available at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2025-0350.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Adam Hein, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (316) 946-4116; email: 
                        <E T="03">Adam.Hein@faa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Comments Invited</HD>
                <P>
                    The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the 
                    <E T="02">ADDRESSES</E>
                     section. Include “Docket No. FAA-2025-0350; Project Identifier MCAI-2023-00877-R” at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this proposal because of those comments.
                </P>
                <P>
                    Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to 
                    <E T="03">regulations.gov,</E>
                     including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM.
                </P>
                <HD SOURCE="HD1">Confidential Business Information</HD>
                <P>
                    CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Adam Hein, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (316) 946-4116; email: 
                    <E T="03">Adam.Hein@faa.gov.</E>
                     Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.
                </P>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2023-0142, dated July 14, 2023 (EASA AD 2023-0142) (also referred to as the MCAI), to correct an unsafe condition on Airbus Helicopters Model AS 332 L1 helicopters. The MCAI states that new or more restrictive airworthiness limitations have been developed. EASA advises that airworthiness limitations and certification maintenance instructions are identified as mandatory for continued airworthiness and that Revision 9 of AH [Airbus Helicopters] AS 332 L1 ALS, dated July 27, 2022, has been issued to specify all service life limits and maintenance tasks for AS 332 L1 helicopters and separate the airworthiness limitations from the Master Servicing Manual (M.S.M.). The FAA is proposing this AD to prevent failure of critical parts and primary structural components, which if not addressed could result in loss of control of the helicopter.
                    <PRTPAGE P="12692"/>
                </P>
                <P>
                    The FAA is proposing this AD to address the unsafe condition. You may examine the MCAI in the AD docket at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2025-0350.
                </P>
                <HD SOURCE="HD1">Material Incorporated by Reference Under 1 CFR Part 51</HD>
                <P>The FAA reviewed EASA AD 2023-0142, which requires replacing components before exceeding their life limits and accomplishing all applicable maintenance tasks within thresholds and intervals specified in the ALS as defined in EASA AD 2023-0142. Depending on the results of the maintenance tasks, EASA AD 2023-0142 requires accomplishing corrective action(s) or contacting Airbus Helicopters for approved instructions and accomplishing those instructions.</P>
                <P>Additionally, EASA AD 2023-0142 requires revising the Aircraft Maintenance Programme (AMP) by incorporating the limitations, tasks, and associated thresholds and intervals described in the specified ALS, as applicable. Revising the AMP constitutes terminating action for the requirement to record accomplishment of the actions of replacing components before exceeding their life limits and accomplishing maintenance tasks within thresholds and intervals specified in the applicable ALS as required by EASA AD 2023-0142 for demonstration of AD compliance on a continued basis.</P>
                <P>
                    This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">FAA's Determination</HD>
                <P>These products have been approved by the aviation authority of another country and are approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA is issuing this NPRM after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design.</P>
                <HD SOURCE="HD1">Proposed AD Requirements in This NPRM</HD>
                <P>This proposed AD would require the actions specified in EASA AD 2023-0142, described previously, as incorporated by reference, except for any differences identified as exceptions in the regulatory text of this proposed AD.</P>
                <HD SOURCE="HD1">Explanation of Required Compliance Information</HD>
                <P>
                    In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, the FAA proposes to incorporate EASA AD 2023-0142 by reference in the FAA final rule. This proposed AD would, therefore, require compliance with EASA AD 2023-0142 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this proposed AD. Using common terms that are the same as the heading of a particular section in EASA AD 2023-0142 does not mean that operators need comply only with that section. For example, where the AD requirement refers to “all required actions and compliance times,” compliance with this AD requirement is not limited to the section titled “Required Action(s) and Compliance Time(s)” in EASA AD 2023-0142. Material referenced in EASA AD 2023-0142 for compliance will be available at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2025-0350 after the FAA final rule is published.
                </P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD, if adopted as proposed, would affect 7 helicopters of U.S. registry. Labor rates are estimated at $85 per work-hour. Based on these numbers, the FAA estimates the following costs to comply with this proposed AD.</P>
                <P>Revising the ALS of the existing MM or ICAs and the existing approved maintenance or inspection program, as applicable, would take 1 work-hour, for an estimated cost of $85 per helicopter and $595 for the U.S. fleet.</P>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>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.</P>
                <P>The FAA is 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.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>The FAA 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.</P>
                <P>For the reasons discussed above, I certify this proposed regulation:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Would not affect intrastate aviation in Alaska, and</P>
                <P>(3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Proposed Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P> 49 U.S.C. 106(f), 40113, 44701.</P>
                </AUTH>
                <SECTION>
                    <SECTNO>§ 39.13 </SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <AMDPAR>2. The FAA amends § 39.13 by adding the following new airworthiness directive:</AMDPAR>
                <EXTRACT>
                    <FP SOURCE="FP-2">
                        <E T="04">Airbus Helicopters:</E>
                         Docket No. FAA-2025-0350; Project Identifier MCAI-2023-00877-R.
                    </FP>
                    <HD SOURCE="HD1">(a) Comments Due Date</HD>
                    <P>The FAA must receive comments on this airworthiness directive (AD) by May 5, 2025.</P>
                    <HD SOURCE="HD1">(b) Affected ADs</HD>
                    <P>None.</P>
                    <HD SOURCE="HD1">(c) Applicability</HD>
                    <P>
                        This AD applies to Airbus Helicopters Model AS332L1 helicopters, certificated in any category.
                        <PRTPAGE P="12693"/>
                    </P>
                    <HD SOURCE="HD1">(d) Subject</HD>
                    <P>Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks.</P>
                    <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                    <P>This AD was prompted by new or more restrictive airworthiness limitations. The FAA is issuing this AD to prevent failure of critical parts and primary structural components, which if not addressed, could result in loss of control of the helicopter.</P>
                    <HD SOURCE="HD1">(f) Compliance</HD>
                    <P>Comply with this AD within the compliance times specified, unless already done.</P>
                    <HD SOURCE="HD1">(g) Required Action</HD>
                    <P>Except as specified in paragraphs (h) and (i) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency AD 2023-0142, dated July 14, 2023 (EASA AD 2023-0142).</P>
                    <HD SOURCE="HD1">(h) Exceptions to EASA AD 2023-0142</HD>
                    <P>(1) Where EASA AD 2023-0142 refers to its effective date, this AD requires using the effective date of this AD.</P>
                    <P>(2) This AD does not adopt paragraphs (1), (2), (4), and (5) of EASA AD 2023-0142.</P>
                    <P>(3) Where paragraph (3) of EASA AD 2023-0142 specifies “Within 12 months after the effective date of this AD, revise the approved AMP,” this AD requires replacing that text with “Within 30 days after the effective date of this AD, revise the airworthiness limitations section of the existing maintenance manual or instructions for continued airworthiness and the existing approved maintenance or inspection program, as applicable.”</P>
                    <P>(4) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2023-0142 is on or before the applicable “limitations” and “associated thresholds” as incorporated by the requirements of paragraph (3) of EASA AD 2023-0142 or within 30 days after the effective date of this AD, whichever occurs later.</P>
                    <P>(5) This AD does not adopt the “Remarks” section of EASA AD 2023-0142.</P>
                    <HD SOURCE="HD1">(i) Provisions for Alternative Actions and Intervals</HD>
                    <P>After the action required by paragraph (g) of this AD has been done, no alternative actions and associated thresholds and intervals, including any life limits, are allowed unless they are approved as specified in the provisions of the “Ref. Publications” section of EASA AD 2023-0142.</P>
                    <HD SOURCE="HD1">(j) Alternative Methods of Compliance (AMOCs)</HD>
                    <P>
                        (1) The Manager, International Validation 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 International Validation Branch, send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: 
                        <E T="03">AMOC@faa.gov.</E>
                    </P>
                    <P>(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.</P>
                    <HD SOURCE="HD1">(k) Additional Information</HD>
                    <P>
                        For more information about this AD, contact Adam Hein, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone: (316) 946-4116; email: 
                        <E T="03">Adam.Hein@faa.gov.</E>
                    </P>
                    <HD SOURCE="HD1">(l) Material Incorporated by Reference</HD>
                    <P>(1) The Director of the Federal Register approved the incorporation by reference of the material listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
                    <P>(2) You must use this material as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
                    <P>(i) European Union Aviation Safety Agency (EASA) AD 2023-0142, dated July 14, 2023.</P>
                    <P>(ii) [Reserved]</P>
                    <P>
                        (3) For EASA material identified in this AD, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; phone: +49 221 8999 000; email: 
                        <E T="03">ADs@easa.europa.eu;</E>
                         website: 
                        <E T="03">easa.europa.eu.</E>
                         You may find the EASA material on the EASA website at 
                        <E T="03">ad.easa.europa.eu.</E>
                    </P>
                    <P>(4) You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room 6N-321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222-5110.</P>
                    <P>
                        (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                        <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                         or email 
                        <E T="03">fr.inspection@nara.gov.</E>
                    </P>
                </EXTRACT>
                <SIG>
                    <DATED>Issued on March 13, 2025.</DATED>
                    <NAME>Steven W. Thompson,</NAME>
                    <TITLE>Acting Deputy Director, Compliance &amp; Airworthiness Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04446 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL TRADE COMMISSION</AGENCY>
                <CFR>16 CFR Part 423</CFR>
                <DEPDOC>[File No. R507003]</DEPDOC>
                <SUBJECT>Petition for Rulemaking of American Apparel &amp; Footwear Association</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Trade Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Receipt of petition; request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        Please take notice that the Federal Trade Commission (“Commission”) received a petition for rulemaking from the American Apparel &amp; Footwear Association and has published that petition online at 
                        <E T="03">https://www.regulations.gov.</E>
                         The Commission invites written comments concerning the petition. Publication of this petition is pursuant to the Commission's Rules of Practice and Procedure and does not affect the legal status of the petition or its final disposition.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must identify the petition docket number and be filed by April 18, 2025.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You may view the petition, identified by docket number  FTC-2025-0024, and submit written comments concerning its merits by using the Federal eRulemaking Portal at 
                        <E T="03">https://www.regulations.gov.</E>
                         Follow the online instructions for submitting comments. Do not submit sensitive or confidential information. You may read background documents or comments received at 
                        <E T="03">https://www.regulations.gov</E>
                         at any time.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Office of the Secretary (phone: 202-326-2514, email: 
                        <E T="03">ElectronicFilings@ftc.gov</E>
                        ), Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Pursuant to section 18(a)(1)(B) of the Federal Trade Commission Act, 15 U.S.C. 57a(1)(B), and FTC Rule 1.31(f), 16 CFR 1.31(f), notice is hereby given that the above-captioned petition has been filed with the Secretary of the Commission and has been placed on the public record for a period of 30 days. Any person may submit comments in support of or in opposition to the petition. All timely and responsive comments submitted in connection with this petition will become part of the public record.</P>
                <P>This petition requests to amend 16 CFR part 423 to allow digital labeling of apparel consistent with the Commission's authority under the Wool Act and Fiber Act, 15 U.S.C. 68 and 70. The Commission will not consider the petition's merits until after the comment period closes. It may grant or deny the petition in whole or in part, and it may deem the petition insufficient to warrant commencement of a rulemaking proceeding. The purpose of this document is to facilitate public comment on the petition to aid the Commission in determining what, if any, action to take regarding the request contained in the petition. This document is not intended to start, stop, cancel, or otherwise affect rulemaking proceedings in any way.</P>
                <P>
                    Because your comment will be placed on the publicly accessible website at 
                    <E T="03">https://www.regulations.gov,</E>
                     you are solely responsible for making sure your comment does not include any sensitive or confidential information. In 
                    <PRTPAGE P="12694"/>
                    particular, your comment should not include any sensitive personal information, such as your or anyone else's Social Security number; date of birth; driver's license number or other state identification number, or foreign country equivalent; passport number; financial account number; or credit or debit card number. You are also solely responsible for making sure your comment does not include any sensitive health information, such as medical records or other individually identifiable health information. In addition, your comment should not include any “trade secret or any commercial or financial information which . . . is privileged or confidential”—as provided by section 6(f) of the FTC Act, 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2).
                </P>
                <AUTH>
                    <HD SOURCE="HED">Authority: </HD>
                    <P>15 U.S.C. 46; 15 U.S.C. 57a; 5 U.S.C. 601 note.</P>
                </AUTH>
                <SIG>
                    <NAME>April J. Tabor,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04295 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6750-01-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Fish and Wildlife Service</SUBAGY>
                <CFR>50 CFR Part 17</CFR>
                <DEPDOC>[Docket Nos. FWS-R3-ES-2024-0137, FWS-R8-ES-2024-0041, and FWS-R7-ES-2024-0117; FXES1111090FEDR-256-FF09E21000]</DEPDOC>
                <RIN>RINs 1018-BE30; 1018-BH49; 1018-BI15</RIN>
                <SUBJECT>Endangered and Threatened Wildlife and Plants; Reopening Comment Periods for Three Proposed Rules; Announcement of a Public Hearing for One Proposed Rule</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Fish and Wildlife Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Proposed rules; reopening of the comment periods, announcement of public hearing.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        We, the U.S. Fish and Wildlife Service, announce that we are reopening the comment periods for proposed rules pertaining to three insect species: monarch butterfly (
                        <E T="03">Danaus plexippus</E>
                        ), bleached sandhill skipper (
                        <E T="03">Polites sabuleti sinemaculata</E>
                        ), and Suckley's cuckoo bumble bee (
                        <E T="03">Bombus suckleyi</E>
                        ). We also announce a public hearing for the bleached sandhill skipper. Comments previously submitted on these proposed rules need not be resubmitted as they are already incorporated into the public records for these rulemaking actions and will be fully considered in our development of the final rules.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Comment periods:</E>
                         The comment periods on the proposed rules that published on December 12, 2024, at 89 FR 100662, on December 17, 2024, at 89 FR 102074, and on January 8, 2025, at 90 FR 1421 are reopened until May 19, 2025. Comments submitted electronically using the Federal eRulemaking Portal (see 
                        <E T="02">ADDRESSES</E>
                        , below) must be received by 11:59 p.m. eastern time on the closing date.
                    </P>
                    <P>
                        <E T="03">Public hearing:</E>
                         On April 16, 2025, we will hold a public hearing on the proposed rule for the bleached sandhill skipper from 5 to 7 p.m., Pacific time, using the Zoom online platform (for more information, see Public Hearing, below).
                    </P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        <E T="03">Availability of documents:</E>
                         You may obtain copies of the proposed rules and associated documents on the internet at 
                        <E T="03">https://www.regulations.gov</E>
                         under the appropriate docket number (see table 1, below).
                    </P>
                    <P>
                        <E T="03">Comment submission:</E>
                         You may submit written comments by one of the following methods:
                    </P>
                    <P>
                        (1) 
                        <E T="03">Electronically:</E>
                         Go to the Federal eRulemaking Portal: 
                        <E T="03">https://www.regulations.gov.</E>
                         In the Search box, enter the appropriate docket number (see table 1, below). Then, click on the Search button. On the resulting page, in the panel on the left side of the screen, under the Document Type heading, check the Proposed Rule box to locate the correct document. You may submit a comment by clicking on “Comment.”
                    </P>
                    <P>
                        (2) 
                        <E T="03">By hard copy:</E>
                         Submit by U.S. mail to: Public Comments Processing, Attn: [Insert appropriate docket number; see table 1, below], U.S. Fish and Wildlife Service, MS: PRB/3W, 5275 Leesburg Pike, Falls Church, VA 22041-3803.
                    </P>
                    <P>
                        <E T="03">Public hearing:</E>
                         Interested parties may present verbal testimony (formal, oral comments) at a public hearing, which will be held virtually using the Zoom platform. See Public Hearing, below, for more information.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>For information related to the monarch butterfly, bleached sandhill skipper, or Suckley's cuckoo bumble bee, contact John Tirpak, Manager of the Division of Conservation and Classification, U.S. Fish and Wildlife Service, Headquarters Office; telephone 703-358-2163. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    Under the authority of the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 
                    <E T="03">et seq.</E>
                    ), we, the U.S. Fish and Wildlife Service, published the following proposed rules:
                </P>
                <P>• On December 12, 2024, we published a proposed rule to list the monarch butterfly as a threatened species with protective regulations under section 4(d) of the Act and to designate critical habitat for the species (89 FR 100662). The proposed rule opened a 90-day comment period, which ended March 12, 2025.</P>
                <P>• On December 17, 2024, we published a proposed rule to list the Suckley's cuckoo bumble bee as an endangered species (89 FR 102074). The proposed rule opened a 60-day comment period, which ended February 18, 2025.</P>
                <P>• On January 8, 2025, we published a proposed rule to list the bleached sandhill skipper as an endangered species (90 FR 1421). The proposed rule opened a 60-day comment period, which ended March 10, 2025.</P>
                <P>
                    To give all interested parties an additional opportunity to comment on all of these proposed rules, we are reopening the comment periods for each of the proposed rules described above for a period of 60 days. In response to a formal request from the Humboldt County Manager's Office received on January 24, 2025, we also announce a public hearing for the proposed rule pertaining to the bleached sandhill skipper as described above in 
                    <E T="02">DATES</E>
                     and 
                    <E T="02">ADDRESSES</E>
                    .
                </P>
                <P>
                    Please refer to the proposed rules for more information on our proposed actions and the specific information we seek. Additional information about the proposed rules, including supplementary materials and the comments received, is available in their respective dockets on 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <P>
                    We request that you send written comments only by the methods described above. We will post all comments on 
                    <E T="03">https://www.regulations.gov.</E>
                     This generally means that we will post any personal information you provide us (see Public Comments, below, for more information).
                    <PRTPAGE P="12695"/>
                </P>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s100,r50,r50">
                    <TTITLE>Table 1—Proposed Rules With Reopened Public Comment Periods</TTITLE>
                    <BOXHD>
                        <CHED H="1">Proposed rule title</CHED>
                        <CHED H="1">
                            <E T="02">Federal Register</E>
                            <LI>citation</LI>
                        </CHED>
                        <CHED H="1">Docket No.</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Threatened Species Status With Section 4(d) Rule for Monarch Butterfly and Designation of Critical Habitat</ENT>
                        <ENT>89 FR 100662; December 12, 2024</ENT>
                        <ENT>FWS-R3-ES-2024-0137.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Endangered Species Status for Suckley's Cuckoo Bumble Bee</ENT>
                        <ENT>89 FR 102074; December 17, 2024</ENT>
                        <ENT>FWS-R7-ES-2024-0117.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Endangered Species Status for the Bleached Sandhill Skipper</ENT>
                        <ENT>90 FR 1421; January 8, 2025</ENT>
                        <ENT>FWS-R8-ES-2024-0041.</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Public Hearing</HD>
                <P>
                    We are holding a public hearing to accept comments on the proposed rule to list the bleached sandhill skipper on the date and at the time listed in 
                    <E T="02">DATES</E>
                    . We are holding the public hearing via the Zoom online video platform and via teleconference so that participants can attend remotely. For security purposes, registration is required. All participants must register in order to listen and view the hearing via Zoom, listen to the hearing by telephone, or provide oral public comments at the public hearing by Zoom or telephone.
                </P>
                <P>
                    For information on how to register, or if you encounter problems joining Zoom the day of the meeting, visit 
                    <E T="03">https://www.fws.gov/office/reno-fish-and-wildlife.</E>
                     Registrants will receive the Zoom link and the telephone number for the public hearing. If applicable, interested members of the public not familiar with the Zoom platform should view the Zoom video tutorials (
                    <E T="03">https://support.zoom.us/hc/en-us/categories/200101697-Getting-Started-with-Zoom</E>
                    ) prior to the public hearing.
                </P>
                <P>
                    The public hearing will provide interested parties an opportunity to present verbal testimony (formal, oral comments) regarding the January 8, 2025, proposed rule to list the bleached sandhill skipper as an endangered species (90 FR 1421). The purpose of the public hearing is to provide a forum for accepting formal verbal testimony, which will then become part of the record for the proposed rule. In the event there is a large attendance, the time allotted for verbal testimony may be limited. Therefore, anyone wishing to provide verbal testimony at the public hearing is encouraged to provide a prepared written copy of their statement to us through the Federal eRulemaking Portal or U.S. mail (see 
                    <E T="02">ADDRESSES</E>
                    , above). There are no limits on the length of written comments submitted to us. Anyone wishing to provide verbal testimony at the public hearing must register before the hearing. For information on how to register, visit 
                    <E T="03">https://www.fws.gov/office/reno-fish-and-wildlife.</E>
                     The use of a virtual public hearing is consistent with our regulations at 50 CFR 424.16(c)(3).
                </P>
                <HD SOURCE="HD2">Reasonable Accommodations</HD>
                <P>
                    The U.S. Fish and Wildlife Service is committed to providing access to the public hearing for all participants. Closed captioning will be available during the public hearing. Further, a full audio and video recording and transcript of the public hearing will be posted online at 
                    <E T="03">https://www.fws.gov/office/reno-fish-and-wildlife</E>
                     after the hearing. Participants will also have access to live audio during the public hearing via their telephone or computer speakers. Persons with disabilities requiring reasonable accommodations to participate in the hearing should contact the person listed under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     at least 5-business days prior to the date of the hearing to help ensure availability. An accessible version of the U.S. Fish and Wildlife Service's public hearing presentation will also be posted online at 
                    <E T="03">https://www.fws.gov/office/reno-fish-and-wildlife</E>
                     prior to the hearing (see 
                    <E T="02">DATES</E>
                    , above). See 
                    <E T="03">https://www.fws.gov/office/reno-fish-and-wildlife</E>
                     for more information about reasonable accommodations.
                </P>
                <HD SOURCE="HD1">Public Comments</HD>
                <P>If you already submitted comments or information on the December 12, 2024 (89 FR 100662), December 17, 2024 (89 FR 102074), or January 8, 2025 (90 FR 1421) proposed rules, please do not resubmit them. Any such comments are incorporated as part of the public record of the rulemaking proceeding, and we will fully consider them in the preparation of our final determination.</P>
                <P>Comments should be as specific as possible. Please include sufficient information with your submission (such as scientific journal articles or other publications) to allow us to verify any scientific or commercial information you include. Please note that submissions merely stating support for, or opposition to, the action under consideration without providing supporting information, although noted, will not be considered in making a determination, as section 4(b)(1)(A) of the Act directs that determinations as to whether any species is an endangered species or a threatened species must be made solely on the basis of the best scientific and commercial data available, and section 4(b)(2) of the Act directs that the Secretary shall designate critical habitat on the basis of the best scientific data available.</P>
                <P>
                    You may submit your comments and materials by one of the methods listed in 
                    <E T="02">ADDRESSES</E>
                    . We request that you send comments only by the methods described in 
                    <E T="02">ADDRESSES</E>
                    . If you submit information via 
                    <E T="03">https://www.regulations.gov,</E>
                     your entire submission—including your personal identifying information—will be posted on the website. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions on 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <SIG>
                    <NAME>Paul Souza,</NAME>
                    <TITLE>Regional Director, Region 8, Exercising the Delegated Authority of the Director, U.S. Fish and Wildlife Service. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04443 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4333-15-P</BILCOD>
        </PRORULE>
    </PRORULES>
    <VOL>90</VOL>
    <NO>52</NO>
    <DATE>Wednesday, March 19, 2025</DATE>
    <UNITNAME>Notices</UNITNAME>
    <NOTICES>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12696"/>
                <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
                <P>The Department of Agriculture will submit the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13 on or after the date of publication of this notice. Comments are requested regarding: (1) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.</P>
                <P>
                    Comments regarding these information collections are best assured of having their full effect if received by April 18, 2025. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website 
                    <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                     Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
                </P>
                <P>An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.</P>
                <HD SOURCE="HD1">National Agricultural Statistics Service (NASS)</HD>
                <P>
                    <E T="03">Title:</E>
                     Fruit, Nuts, and Specialty Crops—Substantive Change.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0535-0039.
                </P>
                <P>
                    <E T="03">Summary of Collection:</E>
                     The primary function of the National Agricultural Statistics Service (NASS) is to prepare and issue current official state and national estimates of crop and livestock production. Estimates of fruit, tree nuts, and specialty crops are an integral part of this program. These estimates support the NASS strategic plan to cover all agricultural cash receipts. The authority to collect these data activities is granted under U.S. Code title 7, Section 2204(a). Information is collected on a voluntary basis from growers, processors, and handlers through surveys. Individually identifiable data collected under this authority are governed by Section 1770 of the Food Security Act of 1985, as amended, 7 U.S.C, 2276, and Title III of Public Law 115-435 (CIPSEA) which requires USDA to afford strict confidentially to non-aggregated data provided by respondents.
                </P>
                <P>The National Agricultural Statistics Service (NASS) is requesting a substantive change to the Maple Syrup Inquiry. The change is to add a yes/no screening question to the May Maple Inquiry about the intention to have taps in the future. No change in burden results from this change. The revised Maple Syrup Inquiry questionnaire containing has been loaded.</P>
                <P>
                    <E T="03">Need and Use of the Information:</E>
                     Data reported on fruit, nut, and specialty crops are used by NASS to estimate crop acreage, yield, production, utilization, price, and value in States with significant commercial production. These estimates are essential to farmers, processors, importers and exporters, shipping companies, cold storage facilities and handlers in making production and marketing decisions. Estimates from these inquiries are used by market order administrators in their determination of expected crop supplies under federal and State market orders.
                </P>
                <P>
                    <E T="03">Description of Respondents:</E>
                     Farms; Business or other for-profit.
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     55,435.
                </P>
                <P>
                    <E T="03">Frequency of Responses:</E>
                     On occasion; Annually; Semi-annually; Quarterly; Monthly; Weekly.
                </P>
                <P>
                    <E T="03">Total Burden Hours:</E>
                     28,114.
                </P>
                <SIG>
                    <NAME>Levi S. Harrell,</NAME>
                    <TITLE>Departmental Information Collection Clearance Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04451 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-20-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Farm Service Agency</SUBAGY>
                <DEPDOC>[Docket ID FSA-2025-0002]</DEPDOC>
                <SUBJECT>Notice of Funds Availability (NOFA); Emergency Commodity Assistance Program (ECAP)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Farm Service Agency, U.S. Department of Agriculture (USDA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notification of funds availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Farm Service Agency (FSA) is issuing this notice announcing the funding for ECAP, which will provide economic assistance payments to eligible producers of eligible commodities for the 2024 crop year. ECAP is a new FSA program authorized by the American Relief Act, 2025. This notice also announces the eligibility (commodities, acres, producers, and losses), payment calculations, payment limitations, and how to apply (pre-filled application and any required adjustments) for ECAP.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Applications Due Date:</E>
                         We will accept applications from March 19, 2025, through August 15, 2025.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Kathy Sayers; telephone: (202) 720-6870; email: 
                        <E T="03">Kathy.Sayers@usda.gov.</E>
                         Individuals with disabilities who require alternative means for communication should contact the USDA Target Center at (202) 720-2600 (voice and text telephone (TTY mode)) or dial 711 for Telecommunications Relay Service (both voice and text telephone users can initiate this call from any telephone).
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    This document announces the funding for ECAP, which is a new program authorized by section 2102 of Title I of Division B of the American Relief Act, 2025 (Pub. L. 118-158) and administered by FSA. ECAP will use up to $10 billion to issue 1-time economic assistance payments to eligible 
                    <PRTPAGE P="12697"/>
                    producers of eligible commodities for the 2024 crop year. These payments are intended to help farmers cope with losses from natural disasters and a difficult farm economy, and will help preserve family farms and ranches across the country while also continuing to ensure food and agricultural security for our nation.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Tom Cole Floor Remarks on H.R. 10545, the American Relief Act, 2025; available at 
                        <E T="03">https://appropriations.house.gov/news/remarks/cole-floor-remarks-hr-10545-american-relief-act-2025.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Definitions</HD>
                <P>The following definitions apply to this notice:</P>
                <P>
                    <E T="03">Application</E>
                     means the ECAP application form.
                </P>
                <P>
                    <E T="03">ARC</E>
                     means Agriculture Risk Coverage codified at 7 U.S.C. 9017.
                </P>
                <P>
                    <E T="03">Average gross farm income</E>
                     means the average of the person or legal entity's gross income derived from farming, ranching, and silviculture 
                    <SU>2</SU>
                    <FTREF/>
                     operations, for the base period consisting of the 2020, 2021, and 2022 tax years.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Both “silviculture” and “forestry” have been used in statutes, regulations, and NOFAs related to payment limitation for FSA and Commodity Credit Corporation (CCC) programs. FSA considers the terms to have the same meaning for the purpose of administering payment limitations.
                    </P>
                </FTNT>
                <P>If the resulting average gross farm income derived from items 1 through 13 of the definition of income derived from farming, ranching, and silviculture operations is at least 66.66 percent of the average gross income of the person or legal entity, then the average gross farm income may also take into consideration income or benefits derived from the following:</P>
                <P>(1) The sale, trade, or other disposition of equipment to conduct farm, ranch, or forestry operations; and</P>
                <P>(2) The provision of production inputs and production services to farmers, ranchers, foresters, and farm operations.</P>
                <P>For legal entities not required to file a Federal income tax return, or a person or legal entity that did not have taxable income in 1 or more of the tax years during the base period (2020, 2021, or 2022), the average gross farm income will be the gross farm income, averaged for the 2020, 2021, and 2022 tax years, as determined by FSA. For a legal entity created during the base period, the gross farm income average will include only those years of the base period for which it was in business; however, a new legal entity will not be considered “new” to the extent it takes over an existing operation and has any elements of common ownership interest and land with the preceding person or legal entity from which it took over. When there is such commonality, income of the previous person or legal entity will be averaged with that of the new legal entity for the base period. For a person filing a joint tax return, the certification of average gross farm income may be reported as if the person had filed a separate Federal tax return, and the calculation is consistent with the information supporting the filed joint return.</P>
                <P>
                    <E T="03">Average gross income</E>
                     means the average of the gross income as defined under 26 U.S.C. 61 of the person or legal entity, for the 2020, 2021 and 2022 tax years.
                </P>
                <P>
                    <E T="03">Base period</E>
                     means the 2020, 2021, and 2022 tax years.
                </P>
                <P>
                    <E T="03">Cotton</E>
                     means extra-long staple cotton and upland cotton.
                </P>
                <P>
                    <E T="03">Corn</E>
                     means only white, yellow, amylose, popcorn (excluding strawberry popcorn), waxy, and high amylase corn.
                </P>
                <P>
                    <E T="03">Crop year</E>
                     means the calendar year in which a commodity was intended for harvest.
                </P>
                <P>
                    <E T="03">CCC</E>
                     means the Commodity Credit Corporation.
                </P>
                <P>
                    <E T="03">Deputy Administrator</E>
                     means the FSA Deputy Administrator for Farm Programs.
                </P>
                <P>
                    <E T="03">Determined acreage</E>
                     means that acreage established by an FSA representative by use of official acreage, digitizing areas on a photograph or other imagery, or computations from scaled dimensions or ground measurements.
                </P>
                <P>
                    <E T="03">Double cropping</E>
                     means, as determined by the Deputy Administrator on a regional basis, consecutive planting of two specific crops that have the capability to be planted and carried to maturity for the intended uses, as reported by the producer, on the same acreage within a 12-month period. To be considered double cropping, the planting of two specific crops must be in an area where the FSA State Committee has determined that producers are typically able to repeat the same cycle successfully in a subsequent 12-month period under normal growing conditions.
                </P>
                <P>
                    <E T="03">Dry peas</E>
                     means Austrian, green, wrinkled seed, and yellow peas, excluding peas grown for the fresh, canning, or frozen market.
                </P>
                <P>
                    <E T="03">Economic loss</E>
                     means, as specified in section 2102(a)(4)(B) of the American Relief Act, 2025, the difference between the expected cost of production per acre for an eligible commodity and the expected gross return per acre for that eligible commodity.
                </P>
                <P>
                    <E T="03">Eligible commodities</E>
                     means barley, canola, crambe, corn, dry peas, extra-long staple cotton, flax, large chickpeas, mustard, lentils, oats, peanuts, rapeseed, rice, safflower, sesame, small chickpeas, sorghum, soybeans, sunflower, upland cotton, and wheat.
                </P>
                <P>
                    <E T="03">Expected cost of production per acre</E>
                     means, as specified in section 2102(a)(3) of the American Relief Act, 2025:
                </P>
                <P>(1) For wheat, corn, grain sorghum, barley, oats, cotton, rice, and soybeans, the total costs listed for the 2024 crop year with respect to the applicable eligible commodity contained in the most recent data product titled “national average cost-of-production forecasts for major U.S. field crops” published by the Economic Research Service; and</P>
                <P>(2) For an eligible commodity not specified in paragraph (1) of this definition, a comparable total estimated cost-of-production, as determined by the Secretary.</P>
                <P>
                    <E T="03">Expected gross return per acre</E>
                     means, as specified in section 2102(a)(2) of the American Relief Act, 2025:
                </P>
                <P>(1) For wheat, corn, grain sorghum, barley, oats, cotton, rice, and soybeans, the product obtained by multiplying:</P>
                <P>(i) The projected average farm price for the applicable eligible commodity for the 2024-2025 marketing year contained in the most recent World Agricultural Supply and Demand Estimates published before December 21, 2024, by the World Agricultural Outlook Board; and</P>
                <P>(ii) The national average harvested yield per acre for the applicable eligible commodity for the most recent crop years, as determined by the Secretary; and</P>
                <P>(2) For an eligible commodity not specified in paragraph (1) of this definition, a comparable estimate of gross returns, as determined by the Secretary.</P>
                <P>
                    <E T="03">Extra-long staple cotton</E>
                     means cotton that follows the standard planting and harvesting practices of the area in which the cotton is grown, and meets all of the following conditions:
                </P>
                <P>(1) American-Pima, Sea Island, Sealand, all other varieties of the Barbandense species of cotton and any hybrid thereof, and any other variety of cotton in which 1 or more of these varieties is predominant;</P>
                <P>(2) The acreage is grown in a county designated as an extra-long staple cotton county by the Secretary; and</P>
                <P>(3) The production from the acreage is ginned on a roller-type gin.</P>
                <P>
                    <E T="03">Farming operation</E>
                     means a business enterprise engaged in the production of agricultural products, commodities, or livestock, operated by a person, legal entity, or joint operation. A person or legal entity may have more than one farming operation if the person or legal entity is a member of one or more legal entity or joint operation.
                    <PRTPAGE P="12698"/>
                </P>
                <P>
                    <E T="03">Grain sorghum</E>
                     means grain sorghum of a feed grain or dual-purpose variety (including any cross that, at all stages of growth, having characteristics of a feed grain or dual-purpose variety) that follows the standard planting and harvesting practice for grain sorghum for the area in which the grain sorghum was planted. Sweet sorghum is not considered a grain sorghum.
                </P>
                <P>
                    <E T="03">Income derived from farming, ranching, and silviculture operations</E>
                     means income of a person or legal entity derived from:
                </P>
                <P>(1) Production of crops and unfinished raw forestry products;</P>
                <P>(2) Production of livestock, aquaculture products used for food, honeybees, and products derived from livestock;</P>
                <P>(3) Production of farm-based renewable energy;</P>
                <P>(4) Selling (including the sale of easements and development rights) of farm, ranch, and forestry land, water or hunting rights, or environmental benefits;</P>
                <P>(5) Rental or lease of land or equipment used for farming, ranching, or forestry operations, including water or hunting rights;</P>
                <P>(6) Processing, packing, storing, and transportation of farm, ranch, or forestry commodities including for renewable energy;</P>
                <P>(7) Feeding, rearing, or finishing of livestock;</P>
                <P>(8) Payments of benefits, including benefits from risk management practices, Federal crop insurance indemnities, and catastrophic risk protection plans;</P>
                <P>(9) Sale of land that has been used for agricultural purposes;</P>
                <P>(10) Benefits (including, but not limited to, cost-share assistance and other payments) from any Federal program made available and applicable to payment eligibility and payment limitation rules, as provided in 7 CFR part 1400;</P>
                <P>(11) Income reported on IRS Schedule F or other schedule, approved by the Deputy Administrator for Farm Programs, used by the person or legal entity to report income from such operations to the IRS;</P>
                <P>(12) Wages or dividends received from a closely held corporation, an Interest Charge Domestic International Sales Corporation (also known as IC-DISC), or legal entity comprised entirely of family members when more than 50 percent of the legal entity's gross receipts for each tax year are derived from farming, ranching, and forestry activities as defined in this document; and</P>
                <P>(13) Any other activity related to farming, ranching, or forestry, as determined by the Deputy Administrator.</P>
                <P>
                    <E T="03">IRS</E>
                     means the Department of the Treasury, Internal Revenue Service.
                </P>
                <P>
                    <E T="03">Legal entity</E>
                     means an entity that is created under Federal or State law and that:
                </P>
                <P>(1) Owns land or an agricultural commodity; or</P>
                <P>(2) Produces an agricultural commodity.</P>
                <P>Legal entities include corporations, joint stock companies, associations, limited partnerships, limited liability companies, irrevocable trusts, estates, charitable organizations, general partnerships, joint ventures, and other similar organizations created under Federal or State law including any such organization participating in a business structure as a partner in a general partnership, a participant in a joint venture, a grantor of a revocable trust, or as a participant in a similar organization. A business operating as a sole proprietorship is considered a legal entity.</P>
                <P>
                    <E T="03">Minor child</E>
                     means a person who is under 18 years of age as of June 1, 2024.
                </P>
                <P>
                    <E T="03">Ownership interest</E>
                     means to have either a legal ownership interest or a beneficial ownership interest in a legal entity. For the purposes of administering ECAP, a person or legal entity that owns a share or stock in a legal entity that is a corporation, limited liability company, limited partnership, or similar type entity where members hold a legal ownership interest and shares in the profits or losses of such entity is considered to have an ownership interest in such legal entity. A person or legal entity that is a beneficiary of a trust or heir of an estate who benefits from the profits or losses of such entity is also considered to have a beneficial ownership interest in such legal entity.
                </P>
                <P>
                    <E T="03">Person</E>
                     means an individual who is a natural person and does not include a legal entity.
                </P>
                <P>
                    <E T="03">Peanuts</E>
                     means all peanuts excluding perennial peanuts.
                </P>
                <P>
                    <E T="03">PLC</E>
                     means Price Loss Coverage codified at 7 U.S.C. 9016.
                </P>
                <P>
                    <E T="03">Producer</E>
                     means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced.
                </P>
                <P>
                    <E T="03">Production inputs</E>
                     mean material to conduct farming operations, such as seeds, chemicals, and fencing supplies.
                </P>
                <P>
                    <E T="03">Production services</E>
                     mean services provided to support a farming operation, such as custom farming, custom feeding, and custom fencing.
                </P>
                <P>
                    <E T="03">Rice</E>
                     means long grain rice and medium grain rice, including temperate japonica rice, short grain, and sweet rice.
                </P>
                <P>
                    <E T="03">Secretary</E>
                     means the Secretary of Agriculture.
                </P>
                <P>
                    <E T="03">Skip-row</E>
                     means a cultural practice in which rows of a crop are alternated with strips of idle land or another crop, as determined by the Secretary.
                </P>
                <P>
                    <E T="03">United States</E>
                     means all 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.
                </P>
                <P>
                    <E T="03">Upland cotton</E>
                     means cotton that is produced in the United States from other than pure strain varieties of the Barbadense species, any hybrid thereof, or any other variety of cotton in which one or more of these varieties predominate. In other words, it means any cotton that is not extra-long staple cotton.
                </P>
                <P>
                    <E T="03">USDA</E>
                     means the U.S. Department of Agriculture.
                </P>
                <HD SOURCE="HD1">Eligible Commodities</HD>
                <P>As provided in the American Relief Act, 2025, eligible commodities for ECAP include loan commodities as defined in section 1201(a) of the Agricultural Act of 2014 (7 U.S.C. 9031(a)), excluding graded wool, nongraded wool, mohair, or honey. Therefore, eligible commodities include wheat, corn, sorghum, barley, oats, upland cotton, extra-long staple cotton, long grain rice, medium grain rice, peanuts, soybeans, other oilseeds, dry peas, lentils, small chickpeas, and large chickpeas. Eligible “other oilseeds” are canola, crambe, flax, mustard, rapeseed, safflower, sesame, and sunflower.</P>
                <HD SOURCE="HD1">Eligible Acres</HD>
                <P>As provided in the American Relief Act, 2025, the eligible acres of an eligible commodity on a farm are equal to the sum of:</P>
                <P>• the acreage planted on the farm to that eligible commodity for harvest, grazing, haying, silage, or other similar purposes for the 2024 crop year; and</P>
                <P>• 50 percent of the acreage on the farm that was prevented from being planted during the 2024 crop year to that eligible commodity because of drought, flood, or other natural disaster, or other condition beyond the control of the producers on the farm, as determined by the Secretary.</P>
                <P>
                    Acreage must be located in the United States to be eligible. FSA will calculate payments based on determined acreage, or on reported acres if determined acres are not present. Planted acreage 
                    <PRTPAGE P="12699"/>
                    includes any land devoted to planted acres for accepted skip-row planting patterns, as determined by the Secretary.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         FSA will calculate ECAP payments for skip-row acreage based on the total acres devoted to the commodity without making reductions that are applicable to other FSA programs, as specified in 7 CFR 718.108.
                    </P>
                </FTNT>
                <P>In situations where a producer planted, or was prevented from planting, both an initial crop and a subsequent crop on the same acreage for the 2024 crop year, the initial crop will be eligible for ECAP if it was an eligible commodity. If the subsequent crop that was planted or prevented from being planted was also an eligible commodity, it will also be eligible for ECAP if it was in an approved double cropping combination.</P>
                <P>A subsequent eligible commodity will also be eligible for ECAP when it is planted or prevented from being planted after an initial crop that is not an eligible commodity or a fruit, vegetable, or wild rice, and the combination does not meet the existing definition of an approved double cropping situation (for example, an initial crop of mixed forage followed by a subsequent crop of corn). The acreage of the subsequent eligible commodity is eligible in these situations because the initial crop may be a reflection of early acreage reporting deadlines and reporting requirements of other FSA programs rather than the producer's planting intention for the 2024 crop year. FSA acreage reporting provisions require producers to report certain crops by certain deadlines, in each calendar year, and some FSA programs require a complete acreage report for program eligibility. For example, grasses and other perennial forages would have been reported to FSA in the fall of the 2023 calendar year and captured as an initial crop for the 2024 crop year; however, frequently perennial grass cover is planted to an annual crop (such as an eligible commodity) in the following spring. As a result of acreage reporting rules, the annual crop is reported as a subsequent crop even though this may have been the producer's initial intent for the 2024 crop year. Producers of eligible commodities reported in this manner had a reasonable expectation of planting and harvesting the crop in a single crop year, and they experienced increased input costs and falling commodity prices that are intended to be addressed by ECAP.</P>
                <P>In cases where a producer reports both an initial eligible commodity and a subsequent eligible commodity on the same acreage and the combination does not meet the definition of an approved double cropping situation, only the initial commodity will be eligible for an ECAP payment. This rule applies even in cases where the initial eligible commodity failed or was prevented from being planted. Limiting eligibility to the initial planting of an eligible commodity in cases where the producer could not have reasonably expected to make use of both ECAP eligible commodities in a single crop year is consistent with other programs administered by FSA (for example, under the Individual Coverage option for ARC (see definition of “double cropping” in 7 CFR 1412.3)).</P>
                <P>For ECAP, an exception to that rule applies when the Federal Crop Insurance Corporation (FCIC) Small Grain Crop Provisions allow for a reduced premium for small grain acreage that is intentionally destroyed prior to harvest, which is referred to as “short-rate.” In short-rate scenarios, producers graze the small grain acreage and then still have the opportunity to timely plant a spring commodity with a reasonable expectation to produce a normal yield, therefore making use of both commodities. Acreage that has been reported with both an insured initial small grain crop that was intentionally destroyed before harvest by grazing or other means and is timely reported to the producer's crop insurance agent in accordance with section 6 of the FCIC's Small Grains Crop Provisions, and is then followed with a subsequent eligible commodity that is not an approved double crop scenario, will be eligible for payment on both plantings of eligible commodities. In this scenario, both eligible commodities are planted within the recommended planting period and are expected to result in normal crop production. While this may not be considered an approved double cropping scenario in some counties under FSA's acreage reporting provisions, as both crop plantings could not be carried to final use in one crop year, the practice is standard for the distinct geographic production region and the producers suffered an economic loss on both crops.</P>
                <P>Volunteer acreage, experimental acreage, and acreage with an intended use of green manure or left standing are not eligible for payment under ECAP because the producer did not plant the acreage, or intend to plant the acreage in cases of prevented planting, for the purposes specified in section 2102 of Title I of Division B of the American Relief Act, 2025.</P>
                <P>In cases where the same acreage of a commodity was reported with two different intended uses, FSA will not issue duplicate payments for that acreage based on each intended use. If both intended uses were reported by the same producer, the producer will receive one payment based on the eligible acres of the commodity. If the two different intended uses were reported by two different producers, the producer with responsibility for input expenses for the acres will be eligible, and the producer who was not responsible for the input expenses must adjust the eligible acreage for that commodity on their application to remove those acres. If the producers shared responsibility for input expenses for the acreage, each producer must adjust their eligible acres on their applications to represent a share of those acres that is proportional to their share of the inputs. For example, if 100 acres of wheat were reported by one producer with an intended use of grain, and also by a second producer who leases that land for grazing and has a lease that requires the second producer to pay for one-third of the input costs, the producer reporting the intended use of grain must adjust their acres to 66.67 acres (two-thirds of 100 acres) and the producer reporting the intended use of grazing must adjust their acres to 33.33 acres (one-third of 100 acres).</P>
                <P>The American Relief Act, 2025, provides that eligible acreage that was prevented from being planted must have been due to drought, flood, or other natural disaster, or other condition beyond the control of the producers on the farm, as determined by the Secretary, as provided in 7 CFR 718.103. For prevented planted acres to be eligible for ECAP, producers must have filed a notice of loss on CCC-576, Part B.</P>
                <P>
                    Producers must have reported planted and prevented planted acres to FSA on FSA-578, Report of Acreage, to be eligible for payment. Producers who have not previously reported their 2024 crop year acreage of eligible commodities, and filed a notice of loss for prevented planted crops, may report their acreage of eligible commodities on FSA-578 and submit CCC-576 for prevented planting even if the deadlines applicable to other FSA programs have passed. Because ECAP is based on a producer's 2024 crop year acreage and those eligible commodities have already been harvested or grazed, producers who submit late-filed acreage reports for ECAP eligibility will not be required to pay the cost of a farm inspection and measurement applicable to other FSA programs. If requested by FSA, a producer must also submit additional documentation supporting the late-filed acreage report such as seed receipts, 
                    <PRTPAGE P="12700"/>
                    chemical and fertilizer receipts, precision planting records, harvesting records, geospatial data or maps, and published weather data. Producers must submit any required additional documentation within 30 days of the request. Acreage and prevented planting reports that are late-filed for ECAP eligibility will not be used to determine eligibility for other FSA programs for which these reports are required and the deadline applicable to the other programs has passed.
                </P>
                <HD SOURCE="HD1">Eligible Producers</HD>
                <P>The American Relief Act, 2025, requires a producer to be actively engaged in farming, as specified in 7 U.S.C. 1308-1, to be eligible for ECAP. FSA will administer this requirement according to the regulations in 7 CFR part 1400, subparts C and G, which apply to FSA administered CCC programs that require a producer to be actively engaged in farming.</P>
                <P>In addition, a producer must be one of the following to be eligible:</P>
                <P>• Citizen of the United States;</P>
                <P>• Resident alien, which for purposes of ECAP means “lawful alien” as defined in 7 CFR 1400.3;</P>
                <P>• Partnership organized under State law;</P>
                <P>• Corporation, limited liability company, or other organizational structure organized under State law;</P>
                <P>• Indian Tribe or Tribal organization, as defined in section 4(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304); or</P>
                <P>• Foreign person or foreign entity who meets all requirements as described in 7 CFR part 1400.</P>
                <P>As required by the American Relief Act, 2025, the provisions of 7 U.S.C. 1308-3 regarding eligibility of foreign persons apply to ECAP, and FSA will administer those requirements as provided in 7 CFR 1400.401. The regulations in 7 CFR part 1400, subpart E, are applicable to foreign persons and legal entities (foreign and domestic) containing members, stockholders, or partners who are not U.S. citizens or resident aliens that own more than 10 percent of the legal entity.</P>
                <P>The American Relief Act, 2025, specifies that the provisions of 7 U.S.C. 1308 regarding eligibility of Federal agencies, and State and local governments apply to ECAP. Federal agencies are not eligible for ECAP. A State, political subdivision, or agency thereof, is not eligible for an ECAP payment unless both of the following apply:</P>
                <P>• The land for which payments are received is owned by the State, political subdivision, or agency thereof; and</P>
                <P>• The payments are used solely for the support of public schools.</P>
                <P>The total of payments to the State, political subdivision, or agency thereof cannot exceed $500,000 annually, except for States with a population less than 1,500,000, as established by the most recent U.S. Census Bureau annual estimate of the State's resident population. This limitation is in addition to the limitation per person or legal entity described in the Payment Limitation section of this document. For States with a population less than 1,500,000, they are subject to the regular per person or entity limit discussed in the payment limitation section below.</P>
                <HD SOURCE="HD1">Payment Rates and Calculation</HD>
                <P>As specified in section 2102 of Title I of Division B of the American Relief Act, 2025, an ECAP payment will be equal to the greater of:</P>
                <P>(1) 26 percent of the product obtained by multiplying the economic loss for an eligible commodity, which is the difference between the expected cost of production per acre and the expected gross return per acre for that eligible commodity, by the eligible acres of that eligible commodity on the farm; or</P>
                <P>(2) The product obtained by multiplying the following 3 numbers:</P>
                <P>(a) 8 percent of the eligible commodity's PLC reference price (7 U.S.C. 9011(19)), by</P>
                <P>(b) the PLC national average payment yield for the eligible commodity (7 U.S.C. 9011(15)), and</P>
                <P>(c) the number of eligible acres of that eligible commodity on the farm.</P>
                <P>For the purpose of ECAP payment calculation, FSA has calculated a payment rate for each eligible commodity that is equal to the greater of:</P>
                <P>(1) 26 percent of the economic loss (that is, the difference between the expected cost of production per acre and the expected gross return per acre) for an eligible commodity (referred to as the “economic loss payment rate” in this document); or</P>
                <P>(2) 8 percent of the eligible commodity's PLC reference price, multiplied by the eligible commodity's PLC national average payment yield (referred to as the “minimum payment rate” in this document).</P>
                <P>The payment rates for each commodity are shown in Table 1. An explanation of how these rates were developed is included in the next section of this document.</P>
                <GPOTABLE COLS="2" OPTS="L2,i1" CDEF="s100,12">
                    <TTITLE>Table 1—Payment Rate (Per Acre), by Commodity</TTITLE>
                    <BOXHD>
                        <CHED H="1">Commodity</CHED>
                        <CHED H="1">Payment rate</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Barley</ENT>
                        <ENT>$21.67</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Canola</ENT>
                        <ENT>31.83</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Large Chickpeas</ENT>
                        <ENT>24.02</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Small Chickpeas</ENT>
                        <ENT>31.45</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Corn</ENT>
                        <ENT>42.91</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Cotton</ENT>
                        <ENT>84.74</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Crambe</ENT>
                        <ENT>19.08</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Flax</ENT>
                        <ENT>20.97</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Lentils</ENT>
                        <ENT>19.30</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Mustard</ENT>
                        <ENT>11.36</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Oats</ENT>
                        <ENT>77.66</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Peanuts</ENT>
                        <ENT>75.51</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Peas</ENT>
                        <ENT>16.02</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rapeseed</ENT>
                        <ENT>23.63</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rice</ENT>
                        <ENT>76.94</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Safflower</ENT>
                        <ENT>26.32</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Sesame</ENT>
                        <ENT>16.83</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Sorghum</ENT>
                        <ENT>42.52</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Soybeans</ENT>
                        <ENT>29.76</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Sunflowers</ENT>
                        <ENT>27.23</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wheat</ENT>
                        <ENT>30.69</ENT>
                    </ROW>
                </GPOTABLE>
                <P>To calculate a producer's ECAP payment, FSA will multiply the payment rate for an eligible commodity by the producer's eligible acres of that eligible commodity. FSA will issue eligible ECAP payments as applications are approved. ECAP payments will be prorated by 85 percent to ensure that payments do not exceed the available funding. FSA may issue an additional payment if additional funding remains available after initial prorated ECAP payments are issued to eligible producers based upon the terms of this NOFA and applications received by the closing date.</P>
                <HD SOURCE="HD1">Payment Rate Development</HD>
                <P>
                    The American Relief Act, 2025, specifies how to calculate the expected gross return per acre and expected cost of production per acre that were used to determine the payment rates for wheat, corn, sorghum, barley, oats, cotton, rice, and soybeans. For these commodities, the expected cost of production per acre is equal to the total costs listed for the 2024 crop year with respect to the applicable eligible commodity contained in the most recent data product titled “national average cost-of-production forecasts for major U.S. field crops” published by USDA's Economic Research Service (ERS).
                    <SU>4</SU>
                    <FTREF/>
                     The expected gross return per acre for those commodities is equal to the projected average farm price for the applicable eligible commodity for the 2024 through 2025 marketing year from the World 
                    <PRTPAGE P="12701"/>
                    Agricultural Supply and Demand Estimates (WASDE) published on December 10, 2024,
                    <SU>5</SU>
                    <FTREF/>
                     multiplied by the national average harvested yield per acre for the applicable eligible commodity for the most recent 10 crop years.
                    <SU>6</SU>
                    <FTREF/>
                     The net gross return is the gross return minus the expected cost-of-production.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The ERS document is “Cost-of-production forecasts for major U.S. field crops, 2024F-2025F” updated on November 14, 2024, available at 
                        <E T="03">https://www.ers.usda.gov/data-products/commodity-costs-and-returns.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Projected average farm prices for eligible and available commodities for the 2024 through 2025 marketing year were taken from the 
                        <E T="03">World Agriculture Supply and Demand Estimates</E>
                         published on December 10, 2024, available at 
                        <E T="03">https://downloads.usda.library.cornell.edu/usda-esmis/files/3t945q76s/rb690665c/bn99c223f/wasde1224v2.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         Ten-year average harvested yields were calculated using 2015 through 2024 yield estimates from USDA's National Agricultural Statistics Service.
                    </P>
                </FTNT>
                <P>An example of the resulting payment calculation used to determine the payment rate is shown below, in detail, using corn. The detailed values (a through e) used in the calculation are shown in Table 2.</P>
                <GPOTABLE COLS="11" OPTS="L2(,0,),p7,7/8,i1" CDEF="s50,9C,5C,5C,10C,11C,16C,9C,10C,13C,11C">
                    <TTITLE>Table 2—Corn Example Payment Rate Calculations; Variables for Economic Assistance Payment Calculations and Final Payment Rate (Per Acre)</TTITLE>
                    <BOXHD>
                        <CHED H="1">Crop</CHED>
                        <CHED H="1">
                            10 Year 
                            <LI>average </LI>
                            <LI>harvested </LI>
                            <LI>yield</LI>
                        </CHED>
                        <CHED H="1">Unit</CHED>
                        <CHED H="1">
                            Price 
                            <LI>forecast</LI>
                        </CHED>
                        <CHED H="1">
                            Forecasted 
                            <LI>cost of </LI>
                            <LI>production</LI>
                        </CHED>
                        <CHED H="1">
                            Net gross 
                            <LI>return</LI>
                        </CHED>
                        <CHED H="1">
                            26 Percent of 
                            <LI>gross loss</LI>
                        </CHED>
                        <CHED H="1">
                            Reference 
                            <LI>price</LI>
                        </CHED>
                        <CHED H="1">
                            National 
                            <LI>average </LI>
                            <LI>PLC yield</LI>
                        </CHED>
                        <CHED H="1">
                            Minimum 
                            <LI>payment</LI>
                        </CHED>
                        <CHED H="1">
                            Payment rate 
                            <LI>(greater of </LI>
                            <LI>gross return </LI>
                            <LI>vs minimum </LI>
                            <LI>payment)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25"> </ENT>
                        <ENT>(a)</ENT>
                        <ENT> </ENT>
                        <ENT>(b)</ENT>
                        <ENT>(c)</ENT>
                        <ENT>(a * b)−c</ENT>
                        <ENT>((a * b)−c) * 0.26</ENT>
                        <ENT>(d)</ENT>
                        <ENT>(e)</ENT>
                        <ENT>(d * e) * 0.08</ENT>
                        <ENT> </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Corn</ENT>
                        <ENT>174.16</ENT>
                        <ENT>BU</ENT>
                        <ENT>4.10</ENT>
                        <ENT>879.10</ENT>
                        <ENT>−165.04</ENT>
                        <ENT>42.91</ENT>
                        <ENT>3.70</ENT>
                        <ENT>140.76</ENT>
                        <ENT>41.66</ENT>
                        <ENT>42.91</ENT>
                    </ROW>
                    <TNOTE>See Table 3 for sources.</TNOTE>
                </GPOTABLE>
                <P>To start, we estimated the net gross return for corn:</P>
                <FP SOURCE="FP-2">Net Gross Return for Corn = (a * b) = (174.16 * $4.10) = $714.06</FP>
                <FP SOURCE="FP-2">(a * b)−c = $714.06−$879.10 = −$165.04/acre</FP>
                <P>The next step is to calculate the economic loss payment rate for corn:</P>
                <FP SOURCE="FP-2">Economic Loss Payment Rate for Corn (greater than 0 given economic loss) = |(a * b)−c| * 26% = $165.04 * 0.26 = $42.91/acre</FP>
                <P>Next, as required for the comparison, we calculated the minimum payment rate:</P>
                <FP SOURCE="FP-2">Minimum Payment Rate = (d * 8%) * e = ($3.70 * 8%) * 140.76 = $41.66 per acre</FP>
                <P>Given that the economic loss payment rate is greater than the minimum payment rate, the payment rate for corn is equal to $42.91 per acre. The payment per acre is applied to all eligible acres.</P>
                <P>For commodities for which the Secretary determines there is insufficient data from the USDA sources noted above, the American Relief Act, 2025, provides that the Secretary will determine a comparable estimate of gross returns and a comparable total estimated cost of production. Eligible commodities that do not have a price projection available in WASDE, nor a cost-of-production forecast in the “national average cost-of-production forecasts for major U.S. field crops,” include pulse crops (large chickpeas, small chickpeas, dry peas, lentils) and certain oilseeds (canola, crambe, flax, mustard, rapeseed, safflower, sesame, sunflower). Peanuts do not have a price forecast published in the WASDE. For commodities not available in the WASDE, price projections for the 2024-2025 marketing year were taken from the ARC/PLC 2024 Market Year Average Prices web posting as of January 2025. This is the only data set published by USDA that provides crop year price forecasts for those crops that are not included in the WASDE, and these prices are determined using similar methods as WASDE forecasts.</P>
                <P>
                    Regarding cost of production data for pulses and certain oilseeds, USDA researched and evaluated agricultural extension budgets and other sources. These budgets were not used as they are based on differing computational methodologies, can be outdated, and can vary considerably across states even with seemingly similar production environments. Instead, national average costs of production for pulses and certain oilseeds were estimated based on a statistical equation involving crops with complete data. After the equation was estimated, analysts applied the resulting coefficients to the 10-year NASS average harvested yield and the ARC/PLC 2024 market year average price of each commodity with incomplete data. These sources provide the best data available reflecting market conditions for crops with incomplete data and were used in the estimated equation to provide production cost estimates for these crops. These resulting production costs are reflected in Table 3, column c, and the calculation of the payment rate follows the same methodology as shown above for corn. For a detailed explanation of the payment rates for these crops, see the Economic document that is posted as a supporting document in Docket ID FSA-2025-0002 on 
                    <E T="03">http://www.regulations.gov.</E>
                </P>
                <P>The values used for each commodity's payment rate calculation are shown in Table 3. This table includes the data for all eligible commodities.</P>
                <GPOTABLE COLS="11" OPTS="L2(,0,),nj,p7,7/8,i1" CDEF="s50,10,xls24,8,10,9,16,9,10,11,11">
                    <TTITLE>Table 3—Variables for Economic Assistance Payment Calculations and Final Payment Rate (Per Acre), by Commodity</TTITLE>
                    <BOXHD>
                        <CHED H="1">Crop</CHED>
                        <CHED H="1">
                            10 Year 
                            <LI>average </LI>
                            <LI>harvested </LI>
                            <LI>yield</LI>
                        </CHED>
                        <CHED H="1">Unit</CHED>
                        <CHED H="1">
                            Price 
                            <LI>forecast</LI>
                        </CHED>
                        <CHED H="1">
                            Forecasted 
                            <LI>cost of </LI>
                            <LI>production</LI>
                        </CHED>
                        <CHED H="1">
                            Net gross 
                            <LI>return</LI>
                        </CHED>
                        <CHED H="1">
                            26 Percent of 
                            <LI>gross loss</LI>
                        </CHED>
                        <CHED H="1">
                            Reference 
                            <LI>price</LI>
                        </CHED>
                        <CHED H="1">
                            National 
                            <LI>average </LI>
                            <LI>PLC yield</LI>
                        </CHED>
                        <CHED H="1">
                            Minimum 
                            <LI>payment</LI>
                        </CHED>
                        <CHED H="1">
                            Payment rate 
                            <LI>(greater of </LI>
                            <LI>gross return </LI>
                            <LI>vs minimum </LI>
                            <LI>payment)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25"> </ENT>
                        <ENT>(a)</ENT>
                        <ENT> </ENT>
                        <ENT>(b)</ENT>
                        <ENT>(c)</ENT>
                        <ENT>(a * b)−c</ENT>
                        <ENT>((a * b)−c) * 0.26</ENT>
                        <ENT>(d)</ENT>
                        <ENT>(e)</ENT>
                        <ENT>(d * e) * 0.08</ENT>
                        <ENT> </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Barley</ENT>
                        <ENT>73.35</ENT>
                        <ENT>BU</ENT>
                        <ENT>$6.60</ENT>
                        <ENT>$472.01</ENT>
                        <ENT>$12.10</ENT>
                        <ENT>N/A</ENT>
                        <ENT>$4.95</ENT>
                        <ENT>54.73</ENT>
                        <ENT>$21.67</ENT>
                        <ENT>$21.67</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Canola</ENT>
                        <ENT>17.26</ENT>
                        <ENT>CWT</ENT>
                        <ENT>20.30</ENT>
                        <ENT>472.80</ENT>
                        <ENT>−122.42</ENT>
                        <ENT>31.83</ENT>
                        <ENT>20.15</ENT>
                        <ENT>16.56</ENT>
                        <ENT>26.69</ENT>
                        <ENT>31.83</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Large Chickpeas</ENT>
                        <ENT>12.95</ENT>
                        <ENT>CWT</ENT>
                        <ENT>33.00</ENT>
                        <ENT>482.64</ENT>
                        <ENT>−55.29</ENT>
                        <ENT>14.38</ENT>
                        <ENT>21.54</ENT>
                        <ENT>13.94</ENT>
                        <ENT>24.02</ENT>
                        <ENT>24.02</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Small Chickpeas</ENT>
                        <ENT>13.64</ENT>
                        <ENT>CWT</ENT>
                        <ENT>26.00</ENT>
                        <ENT>475.61</ENT>
                        <ENT>−120.97</ENT>
                        <ENT>31.45</ENT>
                        <ENT>19.04</ENT>
                        <ENT>14.24</ENT>
                        <ENT>21.69</ENT>
                        <ENT>31.45</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Corn</ENT>
                        <ENT>174.16</ENT>
                        <ENT>BU</ENT>
                        <ENT>4.10</ENT>
                        <ENT>879.10</ENT>
                        <ENT>−165.04</ENT>
                        <ENT>42.91</ENT>
                        <ENT>3.70</ENT>
                        <ENT>140.76</ENT>
                        <ENT>41.66</ENT>
                        <ENT>42.91</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="12702"/>
                        <ENT I="01">Cotton</ENT>
                        <ENT>861.60</ENT>
                        <ENT>LB</ENT>
                        <ENT>0.66</ENT>
                        <ENT>894.56</ENT>
                        <ENT>−325.90</ENT>
                        <ENT>84.74</ENT>
                        <ENT>0.37</ENT>
                        <ENT>1755.59</ENT>
                        <ENT>51.97</ENT>
                        <ENT>84.74</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Crambe *</ENT>
                        <ENT>13.90</ENT>
                        <ENT>CWT</ENT>
                        <ENT>19.10</ENT>
                        <ENT>310.78</ENT>
                        <ENT>−45.29</ENT>
                        <ENT>11.78</ENT>
                        <ENT>20.15</ENT>
                        <ENT>11.84</ENT>
                        <ENT>19.08</ENT>
                        <ENT>19.08</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Flax</ENT>
                        <ENT>18.50</ENT>
                        <ENT>BU</ENT>
                        <ENT>12.50</ENT>
                        <ENT>311.90</ENT>
                        <ENT>−80.65</ENT>
                        <ENT>20.97</ENT>
                        <ENT>11.28</ENT>
                        <ENT>19.29</ENT>
                        <ENT>17.41</ENT>
                        <ENT>20.97</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Lentils</ENT>
                        <ENT>10.73</ENT>
                        <ENT>CWT</ENT>
                        <ENT>34.50</ENT>
                        <ENT>396.01</ENT>
                        <ENT>−25.83</ENT>
                        <ENT>6.71</ENT>
                        <ENT>19.97</ENT>
                        <ENT>12.08</ENT>
                        <ENT>19.30</ENT>
                        <ENT>19.30</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Mustard</ENT>
                        <ENT>6.84</ENT>
                        <ENT>CWT</ENT>
                        <ENT>47.90</ENT>
                        <ENT>346.73</ENT>
                        <ENT>−19.09</ENT>
                        <ENT>4.96</ENT>
                        <ENT>20.15</ENT>
                        <ENT>7.05</ENT>
                        <ENT>11.36</ENT>
                        <ENT>11.36</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Oats</ENT>
                        <ENT>66.41</ENT>
                        <ENT>BU</ENT>
                        <ENT>3.40</ENT>
                        <ENT>524.48</ENT>
                        <ENT>−298.69</ENT>
                        <ENT>77.66</ENT>
                        <ENT>2.40</ENT>
                        <ENT>51.94</ENT>
                        <ENT>9.97</ENT>
                        <ENT>77.66</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Peanuts</ENT>
                        <ENT>38.86</ENT>
                        <ENT>CWT</ENT>
                        <ENT>26.50</ENT>
                        <ENT>1184.95</ENT>
                        <ENT>−155.16</ENT>
                        <ENT>40.34</ENT>
                        <ENT>26.75</ENT>
                        <ENT>35.28</ENT>
                        <ENT>75.51</ENT>
                        <ENT>75.51</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Peas</ENT>
                        <ENT>17.94</ENT>
                        <ENT>CWT</ENT>
                        <ENT>13.80</ENT>
                        <ENT>292.10</ENT>
                        <ENT>−44.53</ENT>
                        <ENT>11.58</ENT>
                        <ENT>11.00</ENT>
                        <ENT>18.21</ENT>
                        <ENT>16.02</ENT>
                        <ENT>16.02</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rapeseed</ENT>
                        <ENT>18.47</ENT>
                        <ENT>CWT</ENT>
                        <ENT>15.90</ENT>
                        <ENT>381.98</ENT>
                        <ENT>−88.31</ENT>
                        <ENT>22.96</ENT>
                        <ENT>20.15</ENT>
                        <ENT>14.66</ENT>
                        <ENT>23.63</ENT>
                        <ENT>23.63</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Rice</ENT>
                        <ENT>75.49</ENT>
                        <ENT>CWT</ENT>
                        <ENT>15.60</ENT>
                        <ENT>1314.84</ENT>
                        <ENT>−137.20</ENT>
                        <ENT>35.67</ENT>
                        <ENT>15.28</ENT>
                        <ENT>62.92</ENT>
                        <ENT>76.94</ENT>
                        <ENT>76.94</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Safflower</ENT>
                        <ENT>12.39</ENT>
                        <ENT>CWT</ENT>
                        <ENT>29.90</ENT>
                        <ENT>471.71</ENT>
                        <ENT>−101.25</ENT>
                        <ENT>26.32</ENT>
                        <ENT>20.15</ENT>
                        <ENT>10.85</ENT>
                        <ENT>17.49</ENT>
                        <ENT>26.32</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Sesame *</ENT>
                        <ENT>4.89</ENT>
                        <ENT>CWT</ENT>
                        <ENT>39.00</ENT>
                        <ENT>255.45</ENT>
                        <ENT>−64.74</ENT>
                        <ENT>16.83</ENT>
                        <ENT>20.15</ENT>
                        <ENT>3.17</ENT>
                        <ENT>5.12</ENT>
                        <ENT>16.83</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Sorghum</ENT>
                        <ENT>66.73</ENT>
                        <ENT>BU</ENT>
                        <ENT>4.10</ENT>
                        <ENT>437.14</ENT>
                        <ENT>−163.55</ENT>
                        <ENT>42.52</ENT>
                        <ENT>3.95</ENT>
                        <ENT>61.90</ENT>
                        <ENT>19.56</ENT>
                        <ENT>42.52</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Soybeans</ENT>
                        <ENT>50.08</ENT>
                        <ENT>BU</ENT>
                        <ENT>10.20</ENT>
                        <ENT>625.29</ENT>
                        <ENT>−114.47</ENT>
                        <ENT>29.76</ENT>
                        <ENT>8.40</ENT>
                        <ENT>40.44</ENT>
                        <ENT>27.18</ENT>
                        <ENT>29.76</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Sunflowers</ENT>
                        <ENT>16.79</ENT>
                        <ENT>CWT</ENT>
                        <ENT>19.85</ENT>
                        <ENT>438.00</ENT>
                        <ENT>−104.72</ENT>
                        <ENT>27.23</ENT>
                        <ENT>20.15</ENT>
                        <ENT>14.40</ENT>
                        <ENT>23.21</ENT>
                        <ENT>27.23</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wheat</ENT>
                        <ENT>48.24</ENT>
                        <ENT>BU</ENT>
                        <ENT>5.60</ENT>
                        <ENT>388.19</ENT>
                        <ENT>−118.05</ENT>
                        <ENT>30.69</ENT>
                        <ENT>5.50</ENT>
                        <ENT>41.48</ENT>
                        <ENT>18.25</ENT>
                        <ENT>30.69</ENT>
                    </ROW>
                    <TNOTE>Table 1 &amp; 3 Sources:</TNOTE>
                    <TNOTE>(a) 2015/2016 to 2024/2025 harvested acres from USDA's National Agricultural Statistics Service (NASS) (pulled from QuickStats in January 2025) were used to calculate the 10-year average harvested yield. Sesame (*) harvested yield estimates are not available in the NASS database. Sesame's 10-year average harvested yield was calculated using: (1) harvested acres and production from the 2012, 2017, and 2022 Census of Agriculture; and (2) and the application of the year-to-year change from NASS canola yield estimates to estimate 2023 and 2024 changes to sesame. Crambe's (*) 10-year average harvested yield came from internal USDA estimates of historical crambe yields used for budgetary purposes.</TNOTE>
                    <TNOTE>(b) 2024-2025 marketing year price forecasts are from the WASDE published December 10, 2024, for barley, corn, cotton, oats, peanuts, rice, soybeans, and wheat. The remaining commodities' price forecasts are from the 2024-2025 ARC/PLC Marketing Year Average Prices.</TNOTE>
                    <TNOTE>(c) 2024 costs-of-production forecasts are from USDA's Economic Research Service's “Cost-of-production forecasts for major U.S. fields crops, 2024F-2025F” updated on November 14, 2024 (including wheat, corn, sorghum, barley, oats, cotton, peanuts, rice, and soybeans). For commodities that are not available in this publication, a statistical approach was implemented as described above.</TNOTE>
                    <TNOTE>(d) ARC/PLC Effective Reference Price for Program Year 2024. Note the reference price for rice is weighted to reflect the price of all three classes (japonica, long grain, and medium and short grain).</TNOTE>
                    <TNOTE>(e) National weighted averaged PLC yields were calculating using PLC yields by county.</TNOTE>
                </GPOTABLE>
                <HD SOURCE="HD1">Payment Limitation</HD>
                <P>As provided by the American Relief Act, 2025, the total amount of ECAP payments received, directly or indirectly, by a person or legal entity (except a joint venture or general partnership) may not exceed:</P>
                <P>• $125,000, if less than 75 percent of the average gross income of the person or legal entity for the 2020, 2021, and 2022 tax years is derived from farming, ranching, or silviculture activities; and</P>
                <P>• $250,000, if not less than 75 percent of the average gross income of the person or legal entity for the 2020, 2021, and 2022 tax years is derived from farming, ranching, or silviculture activities.</P>
                <P>As specified in the American Relief Act, 2025, these payment limitations are separate from the payment limitations that apply to other programs.</P>
                <P>The American Relief Act, 2025, uses the term “average gross income” for payment limitations. This term has a different meaning than “average adjusted gross income,” which is what FSA and CCC programs typically use for purposes of administering payment limits. In order to implement the use of “average gross income” as required by the American Relief Act, 2025, ECAP will use the definition of “gross income” provided in the Internal Revenue Code in 26 U.S.C. 61. FSA is using this definition because FSA has not defined the term for any previous programs. In addition, using the Internal Revenue Code's definition is consistent with Congress's prior use of this term, and it will reduce confusion for producers and their licensed enrolled agents, certified public accountants, and attorneys when completing certifications of adjusted gross farm income. The term “gross income” is not used by IRS on tax forms; therefore, to ensure consistency and provide a logical approach for producers, average gross income will be calculated based on the applicable 3-year average (2020, 2021, and 2022) of the reported “total income” on IRS forms 1040, 1041, 1065, and 1120, or similar reported income.</P>
                <P>The portion of a person or legal entity's average gross income derived from farming, ranching, or silviculture activities will be referred to as their “average gross farm income,” as defined in this document. As with the use of “average gross income” described above, “average gross farm income” has a different meaning than “average adjusted gross farm income” used in other FSA and CCC programs. Average gross farm income includes income derived from farming, ranching, and silviculture operations, which has the same meaning for ECAP as in other recent FSA and CCC programs that use the term “income derived from farming, ranching, and forestry operations.”</P>
                <P>
                    Similar to the calculation of “average adjusted gross income” in other FSA and CCC programs, if the average gross farm income derived from the items listed in the definition of “income derived from farming, ranching, and silviculture operations” is at least 66.66 percent of the average gross income of the person or legal entity, then the average gross farm income may also take into consideration income or benefits derived from the sale, trade, or other disposition of equipment to conduct farm, ranch, or forestry operations; and the provision of production inputs and production services to farmers, ranchers, foresters, and farm operations. Inclusion of those income and benefits in this manner was first introduced for the purpose of determining a producer's “average adjusted gross farm income” by section 1604 of the Food Conservation and Energy Act of 2008 (Pub. L. 110-234), amending section 1001D of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107-171). This rule has continued to be used in other recent FSA and CCC programs that use determinations of a producer's average adjusted gross farm income for 
                    <PRTPAGE P="12703"/>
                    payment eligibility or payment limitation purposes.
                </P>
                <P>As provided by the American Relief Act, 2025, the payment attribution provisions of 7 U.S.C. 1308(e) apply to ECAP. A payment made to a legal entity will be attributed to those members who have a direct or indirect ownership interest in the legal entity, unless the payment of the legal entity has been reduced by the proportionate ownership interest of the member due to that member's ineligibility.</P>
                <P>
                    Attribution of payments made to legal entities will be tracked through four levels of ownership in legal entities 
                    <SU>7</SU>
                    <FTREF/>
                     as follows:
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         Attribution of payments through four levels of ownership in legal entities is consistent with the approach used in other FSA programs specified in 7 CFR 1400.1.
                    </P>
                </FTNT>
                <P>
                    • First level of ownership—any payment made to a legal entity that is owned in whole or in part by a person will be attributed to the person in an amount that represents the direct ownership interest in the first level or payment legal entity 
                    <SU>8</SU>
                    <FTREF/>
                    ;
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         There will be a reduction applied for the “first level or payment legal entity,” and if the payment entity happens to be a joint venture, that reduction is applied to the first level, or highest level, for payments. The “first level or payment legal entity” is the highest level of ownership of the applicant to whom payments can be attributed or limited. If the applicant is a business type that does not have a limitation or attribution, the reduction is applied to the first level, but if the business type can have the reduction applied directly to it, then the limitation applies.
                    </P>
                </FTNT>
                <P>• Second level of ownership—any payment made to a first-level legal entity that is owned in whole or in part by another legal entity (referred to as a second-level legal entity) will be attributed to the second-level legal entity in proportion to the ownership of the second-level legal entity in the first-level legal entity; if the second-level legal entity is owned in whole or in part by a person, the amount of the payment made to the first-level legal entity will be attributed to the person in the amount that represents the indirect ownership in the first-level legal entity by the person;</P>
                <P>• Third and fourth levels of ownership—except as provided in the second level of ownership bullet above and in the fourth level of ownership bullet below, any payments made to a legal entity at the third and fourth levels of ownership will be attributed in the same manner as specified in the second level of ownership bullet above; and</P>
                <P>• Fourth level of ownership—if the fourth level of ownership is that of a legal entity and not that of a person, a reduction in payment will be applied to the first-level or payment legal entity in the amount that represents the indirect ownership in the first level or payment legal entity by the fourth-level legal entity.</P>
                <P>Payments made directly or indirectly to a person who is a minor child will be combined with the earnings of the minor's parent or legal guardian.</P>
                <P>A person or legal entity must provide the name, address, valid taxpayer identification number, and ownership share of each person, or the name, address, valid taxpayer identification number, and ownership share of each legal entity, that holds or acquires an ownership interest in the legal entity. ECAP payments to a legal entity will be reduced in proportion to a member's ownership share when a valid taxpayer identification number for a person or legal entity that holds a direct or indirect ownership interest of less than 10 percent at or above the fourth level of ownership in the business structure is not provided to USDA. A legal entity will not be eligible to receive payment when a valid taxpayer identification number for a person or legal entity that holds a direct or indirect ownership interest of 10 percent or greater at or above the fourth level of ownership in the business structure is not provided to USDA.</P>
                <P>If a person or legal entity is not eligible to receive ECAP payments due to the person or legal entity failing to satisfy payment eligibility provisions, the payment made either directly or indirectly to the person or legal entity will be reduced to zero. The amount of the reduction for the direct payment to the producer will be commensurate with the direct or indirect ownership interest of the ineligible person or ineligible legal entity.</P>
                <P>Indian Tribes and Tribal organizations, as defined in section 4(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304), are not included in the definition of “legal entity” specified in 7 U.S.C. 1308; therefore, they will not be subject to payment limitation.</P>
                <HD SOURCE="HD1">How To Apply</HD>
                <P>
                    FSA will generate pre-filled ECAP applications for producers based on their acreage of eligible commodities on FSA-578. Beginning in late-March 2025, FSA will mail those pre-filled applications to producers who had reported their 2024 crop year acreage of eligible commodities by March 10, 2025. Producers with a level 2 eAuthentication account or a login.gov account may complete their application electronically by visiting 
                    <E T="03">https://www.fsa.usda.gov/ecap.</E>
                </P>
                <P>
                    Applicants must submit the FSA-63 ECAP, Emergency Commodity Assistance Program (ECAP) Application, electronically or to their local FSA county office 
                    <SU>9</SU>
                    <FTREF/>
                     by August 15, 2025. Applicants will submit one application that includes all eligible acreage in all counties nationwide.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         To locate the nearest FSA county office, visit the USDA Service Center locator at 
                        <E T="03">https://www.farmers.gov/working-with-us/service-center-locator.</E>
                    </P>
                </FTNT>
                <P>To apply for ECAP, an applicant must have also reported their planted and prevented planted acreage of eligible commodities to FSA on FSA-578 and filed a notice of loss for acres that were prevented from being planted on CCC-576, if applicable. FSA will not accept applications on which producers have manually entered acreage data except in situations where adjustment of eligible acres is required as explained in the Eligible Acreage section of this document.</P>
                <P>Producers who had not reported planted and prevented planted acreage on FSA-578 and filed a notice of loss for prevented planted acreage using CCC-576 by March 10, 2025, must submit those forms as described in the Eligible Acreage section of this document by August 15, 2025. Once submitted, FSA will generate a pre-filled ECAP application for the producer to complete and sign.</P>
                <P>Applicants must also submit the following eligibility forms to FSA by August 17, 2026, if not already on file with FSA for the 2024 program year:</P>
                <P>• AD-2047, Customer Data Worksheet, for new applicants and applicants who need to update their information;</P>
                <P>• CCC-901, Member Information for Legal Entities, if applicable;</P>
                <P>• CCC-902E, Farm Operating Plan for an Entity; if applicable;</P>
                <P>• CCC-902I, Farm Operating Plan for an Individual, if applicable;</P>
                <P>• CCC-943, 75% of Average Gross Income from Farming, Ranching, or Forestry Certification, for producers and members of legal entities who are requesting an increase to the payment limitation;</P>
                <P>• AD-1026 Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification, for the producer and affiliated persons, as specified in 7 CFR 12.8; and</P>
                <P>
                    • SF-3881, ACH Vendor/Miscellaneous Payment Enrollment Form.
                    <SU>10</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         Applicants who are unable to receive payment through direct deposit are still eligible to participate in ECAP. Those applicants should contact their local FSA county office for further information.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Other Provisions</HD>
                <P>
                    General requirements that apply to other FSA-administered commodity 
                    <PRTPAGE P="12704"/>
                    programs also apply to ECAP. Producers that receive ECAP payments must be in compliance with the provisions of 7 CFR part 12, “Highly Erodible Land and Wetland Conservation,” for the 2024 crop year, and the provisions of 7 CFR 718.6, which address ineligibility for benefits for offenses involving controlled substances, for the 2024 program year.
                </P>
                <P>All information provided to FSA for program eligibility and payment calculation purposes is subject to spot check. Participants are required to retain documentation in support of their application for 3 years after the date of approval. Participants receiving ECAP payments or any other person who furnishes such information to USDA must permit authorized representatives of USDA or the Government Accountability Office, during regular business hours, to enter the operation and to inspect, examine, and allow representatives to make copies of books, records, or other items for the purpose of confirming the accuracy of the information provided by the participant.</P>
                <P>If an ECAP payment resulted from erroneous information provided by a participant, or any person acting on their behalf, the payment will be recalculated and the participant must refund any excess payment to FSA with interest calculated from the date of the disbursement of the payment. If FSA determines that the applicant intentionally misrepresented information provided on their application, the application will be disapproved and the applicant must refund the full payment to FSA with interest from the date of disbursement.</P>
                <P>Applicants have a right to a decision in response to their application. If an applicant submits an application or required documentation to an FSA county office after the deadline, the submission will be considered a request to waive the deadline. Requests to waive or modify program provisions, including requests to waive the deadline, are at the discretion of the Deputy Administrator. The Deputy Administrator has the authority to waive or modify application deadlines and other requirements or program provisions not specified in law, in cases where the Deputy Administrator determines: (1) it is equitable to do so; and (2) the lateness or failure to meet such other requirements or program provisions do not adversely affect the operation of ECAP. Applicants who request to waive or modify ECAP provisions do not have a right to a decision on those requests. The Deputy Administrator's refusal to exercise discretion on requests to waive or modify ECAP provisions will not be considered an adverse decision and is, by itself, not appealable.</P>
                <P>Equitable relief and finality provisions specified in 7 CFR part 718, subpart D, apply to determinations under ECAP. Persons and legal entities who file an application with FSA have the right to an administrative review of any FSA adverse decision with respect to the application under the appeals procedures at 7 CFR parts 780 and 11. The determination of matters of general applicability that are not in response to, or do not result from, an individual set of facts in an individual participant's application are not matters that can be appealed. Such matters of general applicability include, but are not limited to, eligible crops, eligible acreage, payment factors, payment limitations, and the payment calculation.</P>
                <P>Any payment under ECAP will be made without regard to questions of title under State law and without regard to any claim or lien. The regulations governing offsets in 7 CFR part 3 apply to ECAP payments.</P>
                <P>As required by the American Relief Act, 2025, the provisions regarding denial or program benefits in 7 U.S.C. 1308-2 apply to ECAP. FSA will administer these requirements according to the regulations at 7 CFR 1400.5.</P>
                <P>In either applying for or participating in ECAP, or both, the applicant is subject to laws against perjury (including, but not limited to. 18 U.S.C. 1621). If the applicant willfully makes and represents as true any verbal or written declaration, certification, statement, or verification that the applicant knows or believes not to be true, in the course of either applying for or participating in ECAP, or both, then the applicant may be found to be guilty of perjury. Except as otherwise provided by law, if guilty of perjury the applicant may be fined, imprisoned for not more than 5 years, or both, regardless of whether the applicant makes such verbal or written declaration, certification, statement, or verification within or outside the United States.</P>
                <P>For the purposes of the effect of a lien on eligibility for Federal programs (28 U.S.C. 3201(e)), USDA waives the restriction on receipt of funds under ECAP but only as to beneficiaries who, as a condition of the waiver, agree to apply the ECAP payments to reduce the amount of the judgment lien.</P>
                <P>In addition to any other Federal laws that apply to ECAP, the following laws apply: 18 U.S.C. 286, 287, 371, and 1001.</P>
                <HD SOURCE="HD1">Paperwork Reduction Act Requirements</HD>
                <P>In compliance with the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35), the information collection request has been approved by OMB under the control number of 0503-0028. FSA is providing ECAP payments to eligible producers of eligible commodities for the 2024 crop year. The ECAP payments will help producers of eligible commodities cope with losses from natural disasters and a difficult farm economy, and will help preserve family farms and ranches across the country while also continuing to ensure food and agricultural security for our nation.</P>
                <HD SOURCE="HD1">Environmental Review</HD>
                <P>The environmental impacts of this notice have been considered in a manner consistent with the provisions of the National Environmental Policy Act (NEPA, 42 U.S.C. 4321-4347), and the FSA regulations for compliance with NEPA (7 CFR part 799).</P>
                <P>The purpose of ECAP is to provide assistance to eligible producers who suffered economic losses related to production of eligible commodities for the 2024 crop year. The Categorical Exclusions in 7 CFR 799.31 apply, specifically 7 CFR 799.31(b)(6)(vi) (that is, safety net programs administered by FSA). No Extraordinary Circumstances (7 CFR 799.33) exist. FSA has determined that this notice does not constitute a major Federal action that would significantly affect the quality of the human environment, individually or cumulatively. Therefore, FSA will not prepare an environmental assessment or environmental impact statement for this regulatory action.</P>
                <HD SOURCE="HD1">Federal Assistance Programs</HD>
                <P>
                    The title and number of the Federal assistance programs, as found in the Assistance Listing,
                    <SU>11</SU>
                    <FTREF/>
                     to which this document applies is 10.121, Emergency Commodity Assistance Program (ECAP).
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         See 
                        <E T="03">https://sam.gov/content/assistance-listings.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">USDA Non-Discrimination Policy</HD>
                <P>
                    In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, disability, age, marital status, family or parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior 
                    <PRTPAGE P="12705"/>
                    civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
                </P>
                <P>Individuals who require alternative means of communication for program information (for example, braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA TARGET Center at (202) 720-2600 (voice and text telephone (TTY mode)) or dial 711 for Telecommunications Relay Service (both voice and text telephone users can initiate this call from any telephone). Additionally, program information may be made available in languages other than English.</P>
                <P>
                    To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at 
                    <E T="03">https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint</E>
                     and at any USDA office or write a letter addressed to USDA and provide in the letter all the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail to: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250-9410; (2) fax: (202) 690-7442; or (3) email: 
                    <E T="03">program.intake@usda.gov.</E>
                </P>
                <P>USDA is an equal opportunity provider, employer, and lender.</P>
                <SIG>
                    <NAME>Kimberly Graham,</NAME>
                    <TITLE>Acting Administrator, Farm Service Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04604 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-E2-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>Foreign-Trade Zones Board</SUBAGY>
                <DEPDOC>[S-224-2024]</DEPDOC>
                <SUBJECT>Approval of Subzone Status; Cummins Inc.; Irvine, Pennsylvania</SUBJECT>
                <P>On December 20, 2024, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the Erie-Western Pennsylvania Port Authority, grantee of FTZ 247, requesting subzone status subject to the existing activation limit of FTZ 247, on behalf of Cummins Inc., in Irvine, Pennsylvania.</P>
                <P>
                    The application was processed in accordance with the FTZ Act and Regulations, including notice in the 
                    <E T="04">Federal Register</E>
                     inviting public comment (89 FR 106423, December 30, 2024). 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 400.36(f)), the application to establish Subzone 247D was approved on March 13, 2025, subject to the FTZ Act and the Board's regulations, including section 400.13, and further subject to FTZ's 530-acre activation limit.
                </P>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Elizabeth Whiteman,</NAME>
                    <TITLE>Executive Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04527 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>Bureau of Industry and Security</SUBAGY>
                <SUBJECT>Materials and Equipment Technical Advisory Committee; Notice of Partially Closed Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Industry and Security, U.S. Department of Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of partially closed meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Materials and Equipment Technical Advisory Committee (METAC) advises and assists the Secretary of Commerce and other Federal officials on matters related to export control policies; the METAC will meet to review and discuss these matters. The meeting will be partially closed to the public pursuant to the exemptions under the Federal Advisory Committee Act (FACA) and the Government in the Sunshine Act.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The meeting will be held on April 3, 2025, from 10 a.m. to 3 p.m., Eastern Time. The open session will start at 10 a.m. and end at approximately 12 p.m. The closed session will start at approximately 1 p.m. and end no later than 3 p.m. Individuals requiring special accommodations to access the public meeting should contact 
                        <E T="03">TAC@bis.doc.gov</E>
                         no later than Thursday, March 27, 2025, so that appropriate arrangements can be made. Individuals interested in participating virtually should contact 
                        <E T="03">TAC@bis.doc.gov</E>
                         no later than 11:59 p.m. Eastern Time on April 1, 2025.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>The meeting will be held in Room 3884 of the Herbert C. Hoover Building, 1401 Constitution Avenue NW, Washington, DC (enter through the Main Entrance on 14th Street between Constitution and Pennsylvania Avenues). The public session will be accessible via teleconference.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Tara Gonzalez, Committee Liaison Officer, Bureau of Industry and Security, U.S. Department of Commerce. For additional information, contact (202) 482-4933 or 
                        <E T="03">TAC@bis.doc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>The Materials and Equipment Technical Advisory Committee (METAC) advises and assists the Secretary of Commerce (Secretary) and other Federal officials and agencies with respect to actions designed to carry out the policy set forth in Section 1752 of the Export Control Reform Act. The purpose of the meeting is to have the METAC members and U.S. Government representatives mutually review the updated technical data and policy-driving information that has been gathered.</P>
                <HD SOURCE="HD1">Agenda</HD>
                <P>The public session will include working group reports, open business discussions, and industry presentations. The closed session will include discussion of matters determined to be exempt from the open meeting and public participation requirements found in sections 1009(a)(1) and 1009(a)(3) of the Federal Advisory Committee Act (FACA) (5 U.S.C. 1001-1014).</P>
                <HD SOURCE="HD2">Open Session Attendance</HD>
                <P>
                    The open session will be accessible via teleconference. To participate virtually, submit inquiries to 
                    <E T="03">TAC@bis.doc.gov.</E>
                     Registration in advance is required to receive the meeting invite for virtual attendance. Individuals interested in participating virtually should contact 
                    <E T="03">TAC@bis.doc.gov</E>
                     no later than 11:59 p.m. Eastern Time on April 1, 2025. A limited number of seats will be available for members of the public to attend the open session in person on a first-come basis. Reservations to attend in person are not accepted. Registration in advance is not required for in-person attendance, but you will be asked to sign an attendance log when you arrive.
                </P>
                <HD SOURCE="HD2">Special Accommodations</HD>
                <P>
                    Individuals requiring special accommodations to access the public meeting should contact 
                    <E T="03">TAC@bis.doc.gov</E>
                     no later than 11:59 p.m. Eastern Time on Thursday, March 27, 2025, so that appropriate arrangements can be made.
                </P>
                <HD SOURCE="HD2">Public Participation</HD>
                <P>
                    To the extent that time permits during the open session, members of the public may present oral statements to the METAC. The public may submit written statements at any time before or after the 
                    <PRTPAGE P="12706"/>
                    meeting. However, to facilitate distribution of materials to the METAC members, the METAC suggests that members of the public forward their materials prior to the meeting via email to 
                    <E T="03">TAC@bis.doc.gov.</E>
                     Material submitted by the public will be made public; therefore, submissions should not contain confidential information. Meeting materials from the public session will be accessible via the Technical Advisory Committee (TAC) site at: 
                    <E T="03">https://tac.bis.doc.gov,</E>
                     within 30 days after the meeting.
                </P>
                <HD SOURCE="HD2">Closure Determination</HD>
                <P>A Senior Advisor, performing the Non-Exclusive Functions and Duties of the Chief Financial Officer and Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined, pursuant to 5 U.S.C. 1009(d), that the portion of the meeting dealing with pre-decisional changes to the Commerce Control List and the U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. 1009(a)(1) and 1009(a)(3). The remaining portions of the meeting will be open to the public. The exemption is authorized by section 1009(d) of the FACA, which permits the closure of advisory committee meetings, or portions thereof, if the head of the agency to which the advisory committee reports determines such meetings may be closed to the public in accordance with subsection (c) of the Government in the Sunshine Act (5 U.S.C. 552b(c)). In this case, the applicable provisions of 5 U.S.C. 552b(c) are subsection 552b(c)(4), which permits closure to protect trade secrets and commercial or financial information that is privileged or confidential, and subsection 552b(c)(9)(B), which permits closure to protect information that would be likely to disclose information the premature disclosure of which would be likely to significantly frustrate implementation of a proposed agency action. The closed session of the meeting will involve committee discussions and guidance regarding U.S. Government strategies and policies.</P>
                <HD SOURCE="HD2">Meeting Cancellation</HD>
                <P>
                    If the meeting is cancelled, a cancellation notice will be posted on the TAC website at: 
                    <E T="03">https://tac.bis.doc.gov.</E>
                </P>
                <SIG>
                    <NAME>Tara Gonzalez,</NAME>
                    <TITLE>Committee Liaison Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04490 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-JT-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <DEPDOC>[RTID 0648-XE782]</DEPDOC>
                <SUBJECT>Pacific Fishery Management Council; Public Meetings</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of public meetings.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Pacific Fishery Management Council (Pacific Council) and its advisory bodies will meet April 9-15, 2025 in San Jose, CA and via webinar. The Pacific Council meeting will be live streamed with the opportunity to provide public comment remotely. The following groups will meet in person in San Jose: Budget Committee, Habitat Committee, Salmon Technical Team, Salmon Advisory Subpanel, Enforcement Consultants, Coastal Pelagic Species Advisory Subpanel, and Coastal Pelagic Species Management Team. The Scientific and Statistical Committee will meet online Wednesday, April 9 and 10, 2025.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The Pacific Council meeting will begin on Friday, April 11, 2025, at 9 a.m. Pacific Time (PT), reconvening at 8 a.m. on Saturday, April 12 through Tuesday, April 15, 2025. All meetings are open to the public, except for a Closed Session held from 8 a.m. to 9 a.m., Friday, April 11, 2025 to address litigation and personnel matters. The Pacific Council will meet as late as necessary each day to complete its scheduled business.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Meetings of the Pacific Council and its advisory entities will be held at the DoubleTree by Hilton Hotel San Jose, 2050 Gateway Place, San Jose, CA; telephone: (408) 453-4000. Specific meeting information, including directions on joining the meeting, connecting to the live stream broadcast, and system requirements will be provided in the meeting announcement on the Pacific Council's website (see 
                        <E T="03">www.pcouncil.org</E>
                        ). You may send an email to Mr. Kris Kleinschmidt (
                        <E T="03">kris.kleinschmidt@pcouncil.org</E>
                        ) or contact him at (503) 820-2412 for technical assistance.
                    </P>
                    <P>
                        <E T="03">Council address:</E>
                         Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mr. Merrick Burden, Executive Director, Pacific Council; telephone: (503) 820-2418 or (866) 806-7204 toll-free, or access the Pacific Council website, 
                        <E T="03">www.pcouncil.org,</E>
                         for the proposed agenda and meeting briefing materials.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The April 11-15, 2025 meeting of the Pacific Council will be streamed live on the internet. The broadcasts begin initially at 9 a.m. PT Friday, April 11, and 8 a.m. Saturday, April 12 through Tuesday, April 15, 2025. Broadcasts end when business for the day is complete. Only the audio portion and presentations displayed on the screen at the Pacific Council meeting will be broadcast. The audio portion for the public is listen-only except that an opportunity for oral public comment will be provided prior to Council Action on each agenda item. Additional information and instructions on joining or listening to the meeting can be found on the Pacific Council's website (see 
                    <E T="03">www.pcouncil.org</E>
                    ).
                </P>
                <P>
                    The following items are on the Pacific Council agenda, but not necessarily in this order. Agenda items noted as “Final Action” refer to actions requiring the Pacific Council to transmit a proposed fishery management plan, proposed plan amendment, or proposed regulations to the U.S. Secretary of Commerce, under Sections 304 or 305 of the Magnuson-Stevens Fishery Conservation and Management Act. Additional detail on agenda items, Council action, and advisory entity meeting times, are described in Agenda Item A.3, Proposed Council Meeting Agenda, and will be in the advance April 2025 briefing materials and posted on the Pacific Council website at 
                    <E T="03">www.pcouncil.org</E>
                     no later than Friday, March 28, 2025.
                </P>
                <EXTRACT>
                    <FP SOURCE="FP-2">
                        <E T="03">A. Call to Order</E>
                    </FP>
                    <FP SOURCE="FP1-2">1. Opening Remarks</FP>
                    <FP SOURCE="FP1-2">2. Roll Call</FP>
                    <FP SOURCE="FP1-2">3. Agenda</FP>
                    <FP SOURCE="FP1-2">4. Executive Director's Report</FP>
                    <FP SOURCE="FP-2">
                        <E T="03">B. Open Comment Period</E>
                    </FP>
                    <FP SOURCE="FP1-2">1. Comments on Non-Agenda Items</FP>
                    <FP SOURCE="FP-2">
                        <E T="03">C. Cross Fishery Management Plan</E>
                    </FP>
                    <FP SOURCE="FP1-2">1. Office of National Marine Sanctuaries (ONMS) Report</FP>
                    <FP SOURCE="FP1-2">2. Research and Data Needs</FP>
                    <FP SOURCE="FP1-2">3. Socioeconomic Framework Workplan and Update</FP>
                    <FP SOURCE="FP1-2">4. Adaptive Management Workplan and Update</FP>
                    <FP SOURCE="FP1-2">5. Council Operations and Priorities</FP>
                    <FP SOURCE="FP-2">
                        <E T="03">D. Salmon Management</E>
                    </FP>
                    <FP SOURCE="FP1-2">1. National Marine Fisheries Service Report</FP>
                    <FP SOURCE="FP1-2">2. Tentative Adoption of the 2025 Management Measures for Analysis</FP>
                    <FP SOURCE="FP1-2">3. Clarify Council Direction on 2025 Management Measures</FP>
                    <FP SOURCE="FP1-2">4. Methodology Review Preliminary Topic Selection</FP>
                    <FP SOURCE="FP1-2">5. Review of Essential Fish Habitat—Scoping</FP>
                    <FP SOURCE="FP1-2">6. Further Direction on 2025 Management</FP>
                    <FP SOURCE="FP1-2">
                        7. Further Direction on 2025 Management
                        <PRTPAGE P="12707"/>
                    </FP>
                    <FP SOURCE="FP1-2">8. Final Action on 2025 Management Measures</FP>
                    <FP SOURCE="FP-2">
                        <E T="03">E. Habitat Issues</E>
                    </FP>
                    <FP SOURCE="FP1-2">1. Current Habitat Issues</FP>
                    <FP SOURCE="FP-2">
                        <E T="03">F. Pacific Halibut Management</E>
                    </FP>
                    <FP SOURCE="FP1-2">1. Incidental Catch Limits for the 2025 Salmon Troll Fishery—Final Action</FP>
                    <FP SOURCE="FP-2">
                        <E T="03">G. Coastal Pelagic Species Management</E>
                    </FP>
                    <FP SOURCE="FP1-2">1. National Marine Fisheries Service Report</FP>
                    <FP SOURCE="FP1-2">2. Exempted Fishing Permits (EFP) for 2025-26—Final Action</FP>
                    <FP SOURCE="FP1-2">3. Pacific Sardine Assessment, Harvest Specifications, and Management Measures for 2025-26—Final Action</FP>
                    <FP SOURCE="FP1-2">4. Pacific Mackerel Specifications and Management Measures for 2025-27—Final Action</FP>
                    <FP SOURCE="FP1-2">5. Science and Management Priorities</FP>
                    <FP SOURCE="FP-2">
                        <E T="03">H. Administrative Matters</E>
                    </FP>
                    <FP SOURCE="FP1-2">1. Membership Appointments and Council Operating Procedures</FP>
                    <FP SOURCE="FP1-2">2. Fiscal Matters</FP>
                    <FP SOURCE="FP1-2">3. Future Council Meeting Agenda and Workload Planning</FP>
                </EXTRACT>
                <HD SOURCE="HD1">Advisory Body Agendas</HD>
                <P>
                    Advisory body agendas will include discussions of relevant issues that are on the Pacific Council agenda for this meeting and may also include issues that may be relevant to future Pacific Council meetings. Proposed advisory body agendas for this meeting will be available on the Pacific Council website, 
                    <E T="03">www.pcouncil.org,</E>
                     no later than the end of the day Friday, March 28, 2025.
                </P>
                <HD SOURCE="HD1">Schedule of Ancillary Meetings</HD>
                <EXTRACT>
                    <HD SOURCE="HD2">Day 1—Wednesday, April 9, 2025</HD>
                    <FP SOURCE="FP-1">Scientific and Statistical Committee: Online</FP>
                    <HD SOURCE="HD2">Day 2—Thursday, April 10, 2025</HD>
                    <FP SOURCE="FP-1">Scientific and Statistical Committee: Online</FP>
                    <FP SOURCE="FP-1">Habitat Committee: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Salmon Advisory Subpanel: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Salmon Technical Team: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Budget Committee: 2 p.m.</FP>
                    <FP SOURCE="FP-1">Enforcement Consultants: 2 p.m.</FP>
                    <HD SOURCE="HD2">Day 3—Friday, April 11, 2025</HD>
                    <FP SOURCE="FP-1">Habitat Committee: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Salmon Advisory Subpanel: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Salmon Technical Team: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Coastal Pelagic Species Advisory Subpanel: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Coastal Pelagic Species Management Team: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Enforcement Consultants: As Necessary</FP>
                    <HD SOURCE="HD2">Day 4—Saturday, April 12, 2025</HD>
                    <FP SOURCE="FP-1">Salmon Advisory Subpanel: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Salmon Technical Team: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Coastal Pelagic Species Advisory Subpanel: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Coastal Pelagic Species Management Team: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Enforcement Consultants: As Necessary</FP>
                    <HD SOURCE="HD2">Day 5—Sunday, April 13, 2025</HD>
                    <FP SOURCE="FP-1">Salmon Advisory Subpanel: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Salmon Technical Team: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Coastal Pelagic Species Advisory Subpanel: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Coastal Pelagic Species Management Team: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Enforcement Consultants: Online</FP>
                    <HD SOURCE="HD2">Day 6—Monday, April 14, 2025</HD>
                    <FP SOURCE="FP-1">Salmon Advisory Subpanel: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Salmon Technical Team: 8 a.m.</FP>
                    <FP SOURCE="FP-1">Enforcement Consultants: Online</FP>
                    <HD SOURCE="HD2">Day 7—Tuesday, April 15, 2025</HD>
                    <FP SOURCE="FP-1">Salmon Technical Team: 8 a.m.</FP>
                </EXTRACT>
                <P>Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during these meetings. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document 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.</P>
                <HD SOURCE="HD1">Special Accommodations</HD>
                <P>
                    Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt (
                    <E T="03">kris.kleinschmidt@pcouncil.org;</E>
                     (503) 820-2412) at least 10 business days prior to the meeting date.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     16 U.S.C. 1801 
                    <E T="03">et seq.</E>
                </P>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Rey Israel Marquez,</NAME>
                    <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04492 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <SUBJECT>Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Annual Economic Survey of Federal Gulf and South Atlantic Shrimp Permit Holders</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Oceanic &amp; Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of information collection, request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>To ensure consideration, comments regarding this proposed information collection must be received on or before May 19, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Interested persons are invited to submit written comments to Adrienne Thomas, NOAA PRA Officer, at 
                        <E T="03">NOAA.PRA@noaa.gov.</E>
                         Please reference OMB Control Number 0648-0591 in the subject line of your comments. All comments received are part of the public record and will generally be posted on 
                        <E T="03">https://www.regulations.gov</E>
                         without change. Do not submit Confidential Business Information or otherwise sensitive or protected information.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Requests for additional information or specific questions related to collection activities should be directed to Felix Martin, Fishery Management Specialist, SEFSC, NMFS, 75 Virginia Beach Drive, Miami FL 33149, (305) 361-4263, 
                        <E T="03">felix.martin@noaa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Abstract</HD>
                <P>This is a request for renewal of an approved information collection. NOAA Fisheries, Southeast Fisheries Science Center, annually collects economic data from commercial fishermen in the Gulf and South Atlantic shrimp fisheries who hold one or more permits for harvesting shrimp from federal waters (U.S. Exclusive Economic Zone). A collection of economic information from fishers affected by the management of federal commercial fisheries is needed to ensure that national goals, objectives, and requirements of the Magnuson-Stevens Fishery Conservation and Management Act (MFCMA) and other laws are met. These data are needed to conduct economic analyses in support of management of the shrimp fishery and to satisfy legal requirements. Information about revenues, variable and fixed costs, capital investment and other economic information is collected from a random sample of permit holders. The data will be used to assess how fishermen will be impacted by and respond to federal regulation likely to be considered by fishery managers. No changes are requested with this renewal request.</P>
                <HD SOURCE="HD1">II. Method of Collection</HD>
                <P>
                    The information will be collected on paper using a mail survey.
                    <PRTPAGE P="12708"/>
                </P>
                <HD SOURCE="HD1">III. Data</HD>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0648-0591.
                </P>
                <P>
                    <E T="03">Form Number(s):</E>
                     None.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Regular submission (extension of a current information collection).
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Individuals or households; business or other for-profit organizations.
                </P>
                <P>
                    <E T="03">Estimated Number of Respondents:</E>
                     650 permit holders.
                </P>
                <P>
                    <E T="03">Estimated Time Per Response:</E>
                     45 minutes.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Burden Hours:</E>
                     488 hours.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Cost to Public:</E>
                     $0 in record keeping/reporting costs.
                </P>
                <P>
                    <E T="03">Respondent's Obligation:</E>
                     Required to Obtain or Retain Benefits (permit renewal).
                </P>
                <P>
                    <E T="03">Legal Authority:</E>
                     Magnuson-Stevens Fishery Conservation and Management Act.
                </P>
                <HD SOURCE="HD1">IV. Request for Comments</HD>
                <P>We are soliciting public comments to permit the Department/Bureau to: (a) Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.</P>
                <P>Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this information collection request. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
                <SIG>
                    <NAME>Sheleen Dumas,</NAME>
                    <TITLE>Departmental PRA Compliance Officer,  Office of the Under Secretary for Economic Affairs, Commerce Department.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04596 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <DEPDOC>[RTID 0648-XE779]</DEPDOC>
                <SUBJECT>Pacific Fishery Management Council; Public Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of public online meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Pacific Fishery Management Council (Pacific Council) will hold an online meeting of its Ad Hoc Highly Migratory Species (HMS) Fisheries Innovation Workgroup (FIW) to discuss procedures to facilitate the development of new HMS gears and achieve the goals of the HMS Roadmap. This meeting is open to the public.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The online meeting will be held Wednesday, April 23, 2025, from 8:30 a.m. to 5 p.m., Pacific Daylight Time, or until business for the day has been completed.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The meeting will be held online. Specific meeting information, including directions on how to join the meeting and system requirements will be provided in the meeting announcement on the Pacific Council's website (see 
                        <E T="03">www.pcouncil.org</E>
                        ). You may send an email to Mr. Kris Kleinschmidt (
                        <E T="03">kris.kleinschmidt@pcouncil.org</E>
                        ) or contact him at (503) 820-2412 for technical assistance.
                    </P>
                    <P>
                        <E T="03">Council address:</E>
                         Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Kerry Griffin, Pacific Council; telephone: (503) 820-2409.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The purpose of this meeting is to provide recommendations to the Pacific Council for identifying new and/or innovative HMS fishing gears and methods. Topics will include improvements to the HMS exempted fishing permit (EFP) process, including potential modifications to Pacific Council Operating Procedure 20 and acceptable levels of bycatch in HMS; potential revisions to the draft HMS Roadmap, and consideration of a FIW Terms of Reference. The FIW intends to develop a report for the June Advanced Briefing Book, for Pacific Council consideration.</P>
                <P>Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document 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.</P>
                <HD SOURCE="HD1">Special Accommodations</HD>
                <P>
                    Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt 
                    <E T="03">(kris.kleinschmidt@pcouncil.org;</E>
                     (503) 820-2412) at least 10 days prior to the meeting date.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     16 U.S.C. 1801 
                    <E T="03">et seq.</E>
                </P>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Rey Israel Marquez,</NAME>
                    <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04453 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <SUBJECT>Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Greater Atlantic Region Logbook Family of Forms</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Oceanic &amp; Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of information collection, request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>To ensure consideration, comments regarding this proposed information collection must be received on or before May 19, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Interested persons are invited to submit written comments to Adrienne Thomas, NOAA PRA Officer, at 
                        <E T="03">NOAA.PRA@noaa.gov.</E>
                         Please reference OMB Control Number 0648-0212 in the subject line of your comments. All comments received are part of the public record and will 
                        <PRTPAGE P="12709"/>
                        generally be posted on 
                        <E T="03">https://www.regulations.gov</E>
                         without change. Do not submit Confidential Business Information or otherwise sensitive or protected information.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Requests for additional information or specific questions related to collection activities should be directed to Barry Clifford, Branch Chief—Data Processing and Quality, NOAA Fisheries—Greater Atlantic Regional Fisheries Office, (978)-281-9148, 
                        <E T="03">barry.clifford@noaa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Abstract</HD>
                <P>This is a request for the renewal of an approved information collection. The Greater Atlantic Regional Fisheries Office (GARFO), under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act) the New England Fishery Management Council (the Council) and the Atlantic States Marine Fisheries Commission (the Commission) are responsible for conservation and management of marine fishery resources off the east coast. NOAA's National Marine Fisheries Services (NMFS) enacts complementary regulations to Council and Commission actions.</P>
                <P>The Magnuson-Stevens Act requires that conservation and management measures must prevent overfishing while achieving, on a continuing basis, the optimum yield from each fishery. These measures must be based on the best scientific information available. The Atlantic Coastal Act oversees coastal fishery resources that migrate, or are widely distributed, across the jurisdictional boundaries of two or more of the Atlantic States and Federal Government.</P>
                <P>The use of vessel logbooks are essential tools in the management of fishery resources. Section 303(a)(5) of the Magnuson-Stevens Act specifically identifies the kinds of data to be collected for fishery management plans (FMPs), and the GARFO obtains much of this data through the logbooks, a web application, and vessel monitoring system (VMS) (which is approved under the 0648-0212 information collection) data. Logbooks are also known as Vessel Trip Reports (VTRs).</P>
                <P>International, federal, state, and local fishery management authorities recognize the value of logbook data and use the data as a part of their management systems. Resulting data are used by economists, biologists, and managers to develop, monitor, and enforce controls on fishery harvests. Mandatory logbook reporting requirements are applied to all vessels permitted under the Atlantic mackerel, squid, butterfish, Atlantic sea scallop, Atlantic surf clam, ocean quahog, Northeast (NE) multispecies, monkfish, summer flounder, scup, black sea bass, Atlantic bluefish, spiny dogfish, Atlantic herring, tilefish, red crab, skate, and American lobster FMPs. If a vessel is permitted in more than one of these fisheries, only one report needs to be submitted to fulfill reporting requirements for all species.</P>
                <P>The information collected using logbooks will be used by several offices of NMFS, the U.S. Coast Guard, the Councils and Commission, and state fishery agencies. The information is used to develop, implement, and monitor fishery management strategies. Logbook data serve as inputs for a variety of uses, including biological analyses and stock assessments, regulatory impact analyses, quota allocation selections and monitoring, economic profitability profiles, trade and import tariff decisions, allocation of grant funds among states, and analysis of ecological interactions among species. Additionally, the data serve and important means to facilitate enforcement and mitigate the impacts of interactions between fixed fishing gear and endangered whales. NMFS would be unable to fulfill the majority of its scientific research and fishery management missions without these data.</P>
                <HD SOURCE="HD1">II. Method of Collection</HD>
                <P>Data is collected electronically using software applications submitted over the internet.</P>
                <HD SOURCE="HD1">III. Data</HD>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0648-0212.
                </P>
                <P>
                    <E T="03">Form Number(s):</E>
                     88-30, 88-140.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Regular Submission [extension of a current information collection].
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Individuals or households; business or other for-profit organizations.
                </P>
                <P>
                    <E T="03">Estimated Number of Respondents:</E>
                     2,927.
                </P>
                <P>
                    <E T="03">Estimated Time per Response:</E>
                     Vessel Trip Reports: VTRs are estimated at 4 minutes per response. Lobster VTRs estimated at 5 minutes per response. Shellfish VTR estimated at 4 minutes per response. Fish Online web application estimated at 4 minutes per response.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Burden Hours:</E>
                     17,154 hours.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Cost to Public:</E>
                     0.
                </P>
                <P>
                    <E T="03">Respondent's Obligation:</E>
                     Mandatory.
                </P>
                <P>
                    <E T="03">Legal Authority:</E>
                     Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Coastal Fisheries Cooperative Management Act.
                </P>
                <HD SOURCE="HD1">IV. Request for Comments</HD>
                <P>We are soliciting public comments to permit the Department/Bureau to: (a) Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.</P>
                <P>Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this information collection request. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
                <SIG>
                    <NAME>Sheleen Dumas,</NAME>
                    <TITLE>Departmental PRA Compliance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04448 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <SUBJECT>Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Environmental Compliance Questionnaire for NOAA Federal Funding Opportunity Applicants</SUBJECT>
                <P>
                    The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance 
                    <PRTPAGE P="12710"/>
                    with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. Public comments were previously requested via the 
                    <E T="04">Federal Register</E>
                     on August 16, 2024, during a 60-day comment period. This notice allows for an additional 30 days for public comments.
                </P>
                <P>
                    <E T="03">Agency:</E>
                     National Oceanic and Atmospheric Administration, Commerce.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Environmental Compliance Questionnaire for NOAA Federal Funding Opportunity Applicants.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0648-0538.
                </P>
                <P>
                    <E T="03">Form Number(s):</E>
                     None.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Regular submission [extension of a current information collection].
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     736.
                </P>
                <P>
                    <E T="03">Average Hours per Response:</E>
                     10 hours.
                </P>
                <P>
                    <E T="03">Total Annual Burden Hours:</E>
                     7,360.
                </P>
                <P>
                    <E T="03">Needs and Uses:</E>
                     This request is for a renewal of a currently approved information collection through the 
                    <E T="03">Environmental Compliance Questionnaire for National Oceanic and Atmospheric Administration Federal Funding Opportunity Applicants</E>
                     (Questionnaire). This Questionnaire is used by the National Oceanic and Atmospheric Administration (NOAA) to collect information about proposed activities for the purpose of complying with the National Environmental Policy Act (“NEPA,” 42 U.S.C. 4321 
                    <E T="03">et seq.</E>
                    ) and other environmental compliance requirements associated with proposed activities. NEPA requires federal agencies to complete an environmental analysis for all major federal actions, including funding non-federal activities through federal financial assistance awards where federal participation in the funded activity is expected to be significant. The Questionnaire is used in conjunction with NOAA Notices of Funding Opportunity (NOFO).
                </P>
                <P>
                    The NOFO will indicate the specific questions to which an applicant must respond in one of three ways: (1) the applicable questions are inserted directly into the NOFO with reference to the OMB Approval Number (0648-0538) for this form; (2) the NOFO will specify which questions (
                    <E T="03">e.g.,</E>
                     1, 2) an applicant must answer, with the entire OMB-approved Questionnaire attached to the NOFO; or (3) applicants to be recommended for funding will be required to answer relevant questions from the Questionnaire. The federal program officer will determine which questions are relevant to each specific applicant. Answers must be provided before the application can be submitted for final funding approval. This Questionnaire has been not revised since 2021.
                </P>
                <P>NOAA increased the anticipated burden response time to complete the questionnaire based on feedback from recent respondents. Respondents indicated that a burden of 10 hours more accurately reflected the true response time compared to the previously cited 3 hours per response.</P>
                <P>
                    <E T="03">Affected Public:</E>
                     Individuals or households; Business or other for-profit organizations; Not-for-profit institutions; State, Local, or Tribal government.
                </P>
                <P>
                    <E T="03">Frequency:</E>
                     Once.
                </P>
                <P>
                    <E T="03">Respondent's Obligation:</E>
                     Required to Obtain or Retain Benefits.
                </P>
                <P>
                    <E T="03">Legal Authority:</E>
                     National Environmental Policy Act (42 U.S.C. 4321 
                    <E T="03">et seq.</E>
                    ).
                </P>
                <P>
                    This information collection request may be viewed at 
                    <E T="03">www.reginfo.gov.</E>
                     Follow the instructions to view the Department of Commerce collections currently under review by OMB.
                </P>
                <P>
                    Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website 
                    <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                     Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function and entering either the title of the collection or the OMB Control Number 0648-0538.
                </P>
                <SIG>
                    <NAME>Sheleen Dumas,</NAME>
                    <TITLE>Departmental PRA Compliance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04454 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <DEPDOC>[RTID 0648-XE781]</DEPDOC>
                <SUBJECT>Pacific Fishery Management Council; Public Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of public meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Pacific Fishery Management Council's (Pacific Council) Highly Migratory Species Advisory Subpanel (HMSAS) will hold a webinar, which is open to the public.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The online meeting will be held Tuesday, April 8, 2025, from 8:30 a.m. to 12 p.m., Pacific Daylight Time or until business for the day is completed.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        This meeting will be held online. Specific meeting information, including directions on how to join the meeting and system requirements, will be provided in the meeting announcement on the Pacific Council's website (see 
                        <E T="03">www.pcouncil.org</E>
                        ). You may send an email to Mr. Kris Kleinschmidt (
                        <E T="03">kris.kleinschmidt@pcouncil.org</E>
                        ) or contact him at (503) 820-2412 for technical assistance.
                    </P>
                    <P>
                        <E T="03">Council address:</E>
                         Pacific Fishery Management Council, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220-1384.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Kerry Griffin, Staff Officer, Pacific Council; telephone: (503) 820-2409.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The purpose of this HMSAS webinar is to discuss relevant topics on the Pacific Council's April 2025 meeting agenda and potentially prepare supplemental reports for these items.</P>
                <P>Although non-emergency issues not contained in the meeting agenda may be discussed, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this document and any issues arising after publication of this document 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.</P>
                <HD SOURCE="HD1">Special Accommodations</HD>
                <P>
                    Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt (
                    <E T="03">kris.kleinschmidt@pcouncil.org;</E>
                     (503) 820-2412) at least 10 days prior to the meeting date.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     16 U.S.C. 1801 
                    <E T="03">et seq.</E>
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Rey Israel Marquez,</NAME>
                    <TITLE>Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04641 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12711"/>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <DEPDOC>[RTID 0648-XE742]</DEPDOC>
                <SUBJECT>Notice of Receipt of the Makah Tribe's Permit Request for a Ceremonial and Subsistence Hunt of Eastern North Pacific Gray Whales</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; receipt of application.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        Notice is hereby given that the Makah Indian Tribe has applied in due form for a permit for a ceremonial and subsistence hunt of eastern North Pacific (ENP) gray whales (
                        <E T="03">Eschrichtius robustus</E>
                        ).
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written comments on the permit application must be received on or before May 5, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Electronic copies of the application and supporting documents may be obtained online at: 
                        <E T="03">https://www.fisheries.noaa.gov/resource/document/makah-tribe-permit-application-hunt-gray-whales.</E>
                         Comments on the permit application, including written data and views, may be submitted electronically, identified by NOAA-NMFS-2025-0025, by any of the following methods:
                    </P>
                    <P>
                        • 
                        <E T="03">Electronic Submission:</E>
                         Submit electronic public comments via the Federal e-Rulemaking Portal 
                        <E T="03">https://www.regulations.gov.</E>
                         To submit comments via the e-Rulemaking Portal, enter NOAA-NMFS-2025-0025 in the keyword search. Locate the document you wish to comment on from the resulting list and click on the “Comment Now” icon on the right of that line.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Comments on the application should be addressed to: NMFS West Coast Region, Protected Resources Division, 7600 Sand Point Way NE, Building 1, Seattle, WA 98117.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on 
                        <E T="03">www.regulations.gov</E>
                         without change. All personal identifying information (
                        <E T="03">e.g.,</E>
                         name, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.
                    </P>
                    <P>
                        Those individuals requesting a public hearing should submit a written request electronically via the method above or by email (see 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                        ). The request must be received on or before April 18, 2025 and should set forth the specific reasons why a hearing on this application would be advisable.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Grace Ferrara, NMFS West Coast Region Protected Resources Division, by email at 
                        <E T="03">MakahPermit.WCR@noaa.gov</E>
                         or by phone at 206-526-6172.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The subject permit is requested under the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 
                    <E T="03">et seq.</E>
                    ) and the regulations governing the taking of ENP gray whales by the Makah Indian Tribe off the coast of Washington State (50 CFR part 216, subpart J). The applicant, the Makah Indian Tribe, proposes to conduct a ceremonial and subsistence hunt consistent with the purposes of the MMPA and the regulations at 50 CFR part 216, subpart J. The Tribe proposes using both traditional methods (
                    <E T="03">e.g.,</E>
                     a wooden canoe and harpoon) and modern methods (motorized vessels and rifles) to conduct the hunt, in order to balance the preservation of traditional cultural methods with maximizing the safety, efficiency, and humaneness of the hunt. The duration of the requested permit is 28 months, lasting from July 1, 2025 through October 31, 2027. The Tribe proposes to conduct training and hunting activities between July 1st and October 31st in 2025 and 2027. In each of those two years, the Tribe requests a maximum of 142 ENP gray whales to be approached, a maximum of 12 to be subjected to unsuccessful strike attempts or training harpoon throws, a maximum of 2 to be struck, and a maximum of 1 to be landed. All proposed hunting and training activities would take place in the Makah Tribe's usual and accustomed fishing grounds west of the Bonilla-Tatoosh Line as defined by 50 CFR 216.112.
                </P>
                <P>
                    For more information on the proposed method of taking, including the training and certification procedures for the members of the whaling crew, refer to the permit application and supporting materials available at 
                    <E T="03">https://www.fisheries.noaa.gov/resource/document/makah-tribe-permit-application-hunt-gray-whales.</E>
                     Section 104 of the MMPA governs the issuance of permits for the taking of marine mammals, and outlines specific procedures and timelines under which the permitting process must be conducted (16 U.S.C. 1374). NMFS is required to invite interested parties to submit written comments, data, or views within thirty days of the publication of a notice of receipt of a permit application in the 
                    <E T="04">Federal Register</E>
                     (50 CFR 216.33(d)(4)). Here, we have afforded interested parties forty-five days to submit comments, data, or views by mail, email, or through the 
                    <E T="03">regulations.gov</E>
                     portal. Due to the timeline set forth under Section 104, we anticipate we will be unable to extend this comment period beyond forty-five days.
                </P>
                <P>
                    In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
                    <E T="03">et seq.</E>
                    ), an initial determination has been made that the proposed issuance of the requested permit and resulting effects have been thoroughly evaluated in the Final Environmental Impact Statement (FEIS) on the Makah Tribe Request to Hunt Gray Whales (NMFS 2023). The FEIS is available electronically at 
                    <E T="03">https://s3.amazonaws.com/media.fisheries.noaa.gov/2023-11/makah-waiver-feis-110923.pdf.</E>
                </P>
                <P>
                    Concurrent with the publication of this notice in the 
                    <E T="04">Federal Register</E>
                    , NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Catherine Marzin,</NAME>
                    <TITLE>Acting Director, Office of Protected Resources, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04634 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">CORPORATION FOR NATIONAL AND COMMUNITY SERVICE</AGENCY>
                <SUBJECT>Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Schools of National Service Commitment Form</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Corporation for National and Community Service.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Information Collection; request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Corporation for National and Community Service, operating as AmeriCorps, has submitted a public information collection request (ICR) entitled Schools of National Service Commitment Form for review and 
                        <PRTPAGE P="12712"/>
                        approval in accordance with the Paperwork Reduction Act.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        Written comments must be submitted to the individual and office listed in the 
                        <E T="02">ADDRESSES</E>
                         section by April 18, 2025.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to 
                        <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                         Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Copies of this ICR, with applicable supporting documentation, may be obtained by calling Emily Smith at 202-606-3464 or writing to 
                        <E T="03">EmSmith@americorps.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The OMB is particularly interested in comments which:</P>
                <P>• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of CNCS, including whether the information will have practical utility;</P>
                <P>• 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;</P>
                <P>• Propose ways to enhance the quality, utility, and clarity of the information to be collected; and</P>
                <P>• Propose ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.</P>
                <HD SOURCE="HD1">Comments</HD>
                <P>
                    A 60-day Notice requesting public comment was published in the 
                    <E T="04">Federal Register</E>
                     on December 13, 2024 at Vol. 89 100471. This comment period ended February 10, 2025. No public comments were received from this Notice.
                </P>
                <P>
                    <E T="03">Title of Collection:</E>
                     Schools of National Service Commitment Form.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     3045-0143.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Revision.
                </P>
                <P>
                    <E T="03">Respondents/Affected Public:</E>
                     Businesses and Organizations.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Responses:</E>
                     200.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Burden Hours:</E>
                     100.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     The Schools of National Service initiative, formerly the Segal Education Award Matching Program, helps higher education and post-secondary institutions connect with AmeriCorps alumni. To qualify as a School of National Service, the institution must complete a commitment form, committing to provide one or more incentives to AmeriCorps members and alumni seeking to attend their institution. This collection allows AmeriCorps and the institution to enhance the educational opportunities available to AmeriCorps alumni because of their service. AmeriCorps is seeking to revise the commitment form to add checkbox options for career and technical education (CTE) and other program types the institution may offer; add checkbox options for whether programs are offered online, in person, or both; and add a field for the institution to indicate whether it offers benefits to senior citizens and at what age eligibility begins. The revision would also delete the entry for the percentage of education award that the institution will match for AmeriCorps alumni it accepts for admission to the institution. AmeriCorps also seeks to continue using the currently approved information collection until the revised information collection is approved by OMB. The currently approved information collection is due to expire on March 31, 2025.
                </P>
                <SIG>
                    <NAME>Rhonda Taylor,</NAME>
                    <TITLE>Acting Senior Advisor for Strategic Partnerships.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04620 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6050-28-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF DEFENSE</AGENCY>
                <SUBAGY>Defense Acquisition Regulations System</SUBAGY>
                <SUBJECT>Conclusion of the Renewal of a Reciprocal Defense Procurement Agreement With the Government of the Italian Republic</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Defense Acquisition Regulations System, Department of Defense (DoD).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for public comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>On behalf of the U.S. Government, DoD is contemplating concluding the renewal of a Reciprocal Defense Procurement Agreement with the Government of the Italian Republic. DoD had a similar agreement with Italy, signed on October 20, 2008. DoD is requesting industry feedback regarding its experience in public defense procurements conducted by or on behalf of the Ministry of Defense of the Italian Republic or Armed Forces.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Submit comments by email to 
                        <E T="03">jeffrey.c.grover.civ@mail.mil.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Mr. Jeff Grover, telephone 703-380-9783.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>DoD has concluded Reciprocal Defense Procurement (RDP) Agreements with 28 qualifying countries, as defined in the Defense Federal Acquisition Regulation Supplement (DFARS) 225.003, at the level of the Secretary of Defense and his counterpart. The purpose of an RDP Agreement is to promote rationalization, standardization, interchangeability, and interoperability of conventional defense equipment with allies and other friendly governments. These Agreements provide a framework for ongoing communication regarding market access and procurement matters that enhance effective defense cooperation.</P>
                <P>RDP Agreements generally include language by which the Parties agree that their defense procurements will be conducted in accordance with certain implementing procedures. These procedures relate to—</P>
                <P>• Publication of notices of proposed purchases;</P>
                <P>• The content and availability of solicitations for proposed purchases;</P>
                <P>• Notification to each unsuccessful offeror;</P>
                <P>• Feedback, upon request, to unsuccessful offerors concerning the reasons they were not allowed to participate in a procurement or were not awarded a contract; and</P>
                <P>• Provision for the hearing and review of complaints arising in connection with any phase of the procurement process to ensure that, to the extent possible, complaints are equitably and expeditiously resolved.</P>
                <P>Based on the Agreement, each country affords the other country certain benefits on a reciprocal basis consistent with national laws and regulations. The benefits that the United States accords to the products of qualifying countries include—</P>
                <P>• Offers of qualifying country end products are evaluated without applying the price differentials otherwise required by the Buy American statute and the Balance of Payments Program;</P>
                <P>• The chemical warfare protection clothing restrictions in 10 U.S.C. 4862 and the specialty metals restriction in 10 U.S.C. 4863 do not apply to products manufactured in a qualifying country; and</P>
                <P>
                    • Customs, taxes, and duties are waived for qualifying country end 
                    <PRTPAGE P="12713"/>
                    products and components of defense procurements.
                </P>
                <P>If DoD (for the U.S. Government) concludes the renewal of an RDP Agreement with the Government of the Italian Republic and DoD executes a blanket public interest determination, as being considered, the Italian Republic will continue to be listed as one of the qualifying countries at DFARS 225.872-1(a).</P>
                <P>While DoD has discussed and evaluated with the Government of the Italian Republic its laws and regulations in this area during an extended negotiation period since October 2018, DoD would benefit from U.S. industry's experience in participating in Italian public defense procurements. DoD is, therefore, asking U.S. firms that have participated or attempted to participate in procurements by or on behalf of the Italian Republic Ministry of Defense and Armed Forces to let DoD know if the procurements were conducted with transparency, integrity, fairness, and due process in accordance with published procedures, and if not, the nature of the problems encountered.</P>
                <P>DoD is also interested in comments relating to the degree of reciprocity that exists between the United States and the Italian Republic when it comes to the openness of defense procurements to offers of products from the other country. Further, DoD would like to understand the degree to which U.S. industry feels that it would have equal and proportional access to the Italian Republic defense markets as Italian Republic industry would have in the United States under an RDP Agreement.</P>
                <P>In addition, DoD will benefit from information provided by the public on anticipated impacts to defense programs and its supply chain if Italy no longer qualifies for a waiver to the Buy American statute and Balance of Payments Program. Not concluding this agreement would necessitate the removal of Italy from the list of qualifying countries in the DFARS.</P>
                <SIG>
                    <NAME>Jennifer D. Johnson,</NAME>
                    <TITLE>Editor/Publisher, Defense Acquisition Regulations System.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04494 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6001-FR-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
                <SUBAGY>Department of the Army, Corps of Engineers</SUBAGY>
                <SUBJECT>Withdrawal of Notice of Intent To Prepare a Supplemental Environmental Impact Statement for the San Clemente Shoreline Protection Project</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Corps of Engineers, Department of the Army, DoD.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of intent; withdrawal.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The U.S. Army Corps of Engineers (USACE) is issuing this notice to advise federal, state, and local government agencies and the public that USACE is withdrawing the notice of intent (NOI) for the preparation of a Supplemental Environmental Impact Statement (SEIS) for the San Clemente Shoreline Protection Project (Project) which was published in the 
                        <E T="04">Federal Register</E>
                         on July 2, 2024. Since publication of the NOI, there has been a reduction in scope which involves less impacts than was anticipated at the time of the NOI, resulting in preparing a supplemental environmental assessment (SEA).
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The NOI to prepare a SEIS published in the 
                        <E T="04">Federal Register</E>
                         on July 2, 2024 (89 FR 54802), is withdrawn as of March 19, 2025.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>U.S. Army Corps of Engineers, Los Angeles District, Environmental Resources Branch, (CESPL-PDR), 915 Wilshire Blvd., Suite 1109, Los Angeles, CA 90017-3409.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Questions about the withdrawal of the NOI can be directed to Kenneth Wong, Planning Division, USACE Los Angeles District at (213) 361-2269 or 
                        <E T="03">kenneth.wong@usace.army.mil.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The San Clemente Shoreline Protection Project was authorized by the Water Resources Reform and Development Act of 2014, Public Law 113-121, section 7002 for the purpose of reducing coastal storm damages by constructing a beach fill/berm along the San Clemente shoreline. The authorized project includes construction of an approximate 50-footwide beach nourishment project along a 3,412-foot-long stretch of shoreline using beach compatible sediment, with renourishment on the average of every 6 years over a 50-year period of federal participation. The project is further described in the Final Feasibility Report dated February 2012 and Joint Final Environmental Impact Statement/Environmental Impact Report dated July 2011, SEA dated May 2023, and SEA dated March 2024. In October 2024, the USACE finalized a SEA evaluating the continuation and completion of the initial construction of the Project. The USACE determined the reduced proposed action is not likely to result in significant impacts requiring preparation of a SEIS.</P>
                <P>Construction of the project was initiated in December 2023. However, due in part to equipment damage and sediment compatibility issues encountered at the Oceanside borrow area, construction was temporarily paused. To allow for operational flexibility, the March 2024 SEA evaluated inclusion of the Surfside-Sunset borrow area, a 106-acre borrow site offshore Surfside-Sunset beaches located 29 miles to the north of San Clemente, in Orange County, as an alternate borrow site for initial construction of the project. In April 2024, during the construction window evaluated in the March 2024 SEA, the USACE contractor placed 115,000 cubic yards of compatible sediment on San Clemente Beach as part of the initial construction of the Project.</P>
                <P>The proposed action, as described in the NOI, involved identifying suitable location(s) containing enough beach compatible sediment required to nourish San Clemente Beach and complete the project, including future nourishment. Following monitoring of the beach nourishment site, USACE will determine the appropriate frequency and borrow material quantity for beach nourishment and whether a different borrow site would be needed for those future renourishments. USACE will evaluate the proposed impacts of future renourishment placements following monitoring.</P>
                <SIG>
                    <NAME>Joseph M. Savage,</NAME>
                    <TITLE>Programs Director.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04493 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3720-58-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <SUBJECT>Combined Notice of Filings</SUBJECT>
                <P>Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:</P>
                <HD SOURCE="HD1">Filings Instituting Proceedings</HD>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP25-701-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Iroquois Gas Transmission System, L.P.
                </P>
                <P>
                    <E T="03">Description:</E>
                     4(d) Rate Filing: 3.12.25 Negotiated Rates—Macquarie Energy LLC R-4090-32 to be effective 4/1/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5040.
                    <PRTPAGE P="12714"/>
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/24/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP25-702-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Iroquois Gas Transmission System, L.P.
                </P>
                <P>
                    <E T="03">Description:</E>
                     4(d) Rate Filing: 3.12.25 Negotiated Rates—Tenaska Marketing Ventures R-2835-21 to be effective 4/1/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5043.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m.  ET 3/24/25.
                </P>
                <P>Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211, 385.214, or 385.206) 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.</P>
                <P>
                    The filings are accessible in the Commission's eLibrary system (
                    <E T="03">https://elibrary.ferc.gov/idmws/search/fercgensearch.asp</E>
                    ) by querying the docket number.
                </P>
                <P>
                    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: 
                    <E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>
                     For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.
                </P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: March 12, 2025.</DATED>
                    <NAME>Carlos D. Clay,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04449 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <SUBJECT>Combined Notice of Filings #1</SUBJECT>
                <P>Take notice that the Commission received the following exempt wholesale generator filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG25-223-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Black Springs BESS LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Black Springs BESS LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5229.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m.  ET 4/2/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG25-224-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Lucky Bluff BESS LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Lucky Bluff BESS LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5230.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/2/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG25-225-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     GAIA Solar, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     GAIA Solar, LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5048.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG25-226-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Dodson Creek Solar, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Dodson Creek Solar, LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5050.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG25-227-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     NRG Energy, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     NRG Cedar Bayou 5 LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5065.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>Take notice that the Commission received the following Complaints and Compliance filings in EL Dockets:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EL25-67-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                      
                    <E T="03">Kentucky Public Service Commission, Attorney General of the Commonwealth of Kentucky</E>
                     v. 
                    <E T="03">American Electric Power Service Corporation, et al.</E>
                </P>
                <P>
                    <E T="03">Description:</E>
                     Complaint of 
                    <E T="03">Kentucky Public Service Commission, Attorney General of the Commonwealth of Kentucky</E>
                     v. 
                    <E T="03">American Electric Power Service Corporation, et al.</E>
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5238.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/1/25.
                </P>
                <P>Take notice that the Commission received the following electric rate filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER23-1784-003.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Compliance filing: Filing to Set Effective Date of Tariff, Section 4.2—Order No. 676-J Compliance to be effective 3/10/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5062.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1472-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Black Hills Colorado Electric, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Petition for Limited Waiver and Extension of Time of Black Hills Colorado Electric, LLC.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/28/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250228-5479.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/28/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1480-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     San Diego Gas &amp; Electric Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Petition for Limited Waiver of San Diego Gas &amp; Electric Company.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/28/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250228-5485.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/28/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1573-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Original GIA, SA No. 7583; AE2-190/AG1-031 &amp; Cancellation of ISA, SA No. 6781 to be effective 2/10/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5195.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/2/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1574-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Original GIA, SA No. 7586; Project Identifier No. AF1-114/AF2-091 to be effective 2/10/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5209.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/2/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1575-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Original GIA, Service Agreement No. 7574; AF2-375 to be effective 2/5/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5220.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/2/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1576-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Original CSA, Original Service Agreement No. 7575 to be effective 2/5/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5223.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/2/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1583-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Portland General Electric Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: PGE Concurrence Filing Colstrip Jane Wind I LGIA to be effective 2/26/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5059.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <PRTPAGE P="12715"/>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1584-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Portland General Electric Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: PGE Concurrence Filing Colstrip Jane Wind II LGIA to be effective 2/26/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5060.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1585-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Midcontinent Independent System Operator, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: 2025-03-13_SA 4335 NSP—Harmony Solar ND 1st Rev GIA (J1588) to be effective 3/7/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5068.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1586-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Northern States Power Company, a Minnesota corporation.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: 2025-03-13 GRE 2025 JPZ-304-0.4.0 to be effective 1/1/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5107.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1587-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Southwest Power Pool, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Submission of Tariff Revisions to Attachment AA to Adjust RAR Timelines (RR 632) to be effective 10/1/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5108.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1588-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Tri-State Generation and Transmission Association, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Amendment to Rate Schedule FERC No. 12 to be effective 5/13/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5114.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1591-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Midcontinent Independent System Operator, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: 2025-03-13_SA 4032 Termination of MidAmerican-Lost Island Wind E&amp;P (J1270) to be effective 3/14/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5120.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1593-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     New York Independent System Operator, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: NYISO 205: NYISO—Ravenswood Fuel Oil Implementation Agreement, SA 2887 to be effective 4/1/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5159.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1595-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Dodson Creek Solar, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Initial Rate Filing: Application for Market Based Rate Authority to be effective 3/14/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5168.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1596-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Merrill Lynch Commodities, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Normal filing 2025 to be effective 12/31/2024.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5172.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1597-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Bartonsville Energy Facility, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Initial rate filing: Filing of Transfer of Operational Control Rate Schedule to be effective 5/13/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5173.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1598-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Lucky Corridor, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Compliance filing: Lucky Corridor Order No. 904 Compliance Filing to be effective 6/11/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5174.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1599-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Mountain Peak Power, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Initial Rate Filing: MPP Market-Based Rate Application to be effective 5/12/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5179.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/3/25.
                </P>
                <P>Take notice that the Commission received the following qualifying facility filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     QF25-349-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PG Solar LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Form 556 of PG Solar LLC.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/10/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250310-5053.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/31/25.
                </P>
                <P>Take notice that the Commission received the following electric reliability filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RD25-6-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     North American Electric Reliability Corporation, Western Electricity Coordinating Council.
                </P>
                <P>
                    <E T="03">Description:</E>
                     North American Electric Reliability Corporation et. al. submit Joint Petition for Approval of Proposed Regional Reliability Standard BAL-004-WECC-4.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5239.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/11/25.
                </P>
                <P>
                    The filings are accessible in the Commission's eLibrary system (
                    <E T="03">https://elibrary.ferc.gov/idmws/search/fercgensearch.asp</E>
                    ) by querying the docket number.
                </P>
                <P>Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211, 385.214, or 385.206) 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.</P>
                <P>
                    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: 
                    <E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>
                     For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.
                </P>
                <P>The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members and others, access publicly available information and navigate Commission processes.</P>
                <P>
                    For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Carlos D. Clay,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04558 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <SUBJECT>Combined Notice of Filings</SUBJECT>
                <P>Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:</P>
                <HD SOURCE="HD1">Filings Instituting Proceedings</HD>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP25-703-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Natural Gas Pipeline Company of America LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     4(d) Rate Filing: Negotiated Rate Agreements—Various Shippers March 12 2025 to be effective 4/1/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5168.
                    <PRTPAGE P="12716"/>
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/24/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP25-704-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Iroquois Gas Transmission System, L.P.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Compliance filing: 3.13.25 Annual Fuel and Losses Retention Calculations to be effective N/A.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5086.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/25/25.
                </P>
                <P>Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211, 385.214, or 385.206) 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.</P>
                <HD SOURCE="HD1">Filings in Existing Proceedings</HD>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP25-471-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     East Tennessee Natural Gas, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Compliance filing: EPC Tracker Mechanism Compliance Filing to be effective 3/1/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250313-5076.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/25/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP25-675-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     El Paso Natural Gas Company, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Tariff Amendment: Amendment to Non-Conforming and Negotiated Rate Agreements Filing to be effective 4/1/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5212.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/24/25.
                </P>
                <P>Any person desiring to protest in any the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.</P>
                <P>
                    The filings are accessible in the Commission's eLibrary system (
                    <E T="03">https://elibrary.ferc.gov/idmws/search/fercgensearch.asp</E>
                    ) by querying the docket number.
                </P>
                <P>
                    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: 
                    <E T="03">https://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>
                     For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.
                </P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Carlos D. Clay,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04559 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Docket No. CP25-54-000]</DEPDOC>
                <SUBJECT>Gulf South Pipeline Company, LLC; Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed Parks Line Upgrade and Sorrento Station Project</SUBJECT>
                <P>The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental document that will discuss the environmental impacts of the Parks Line Upgrade and Sorrento Station (PLUSS) Project (Project) involving construction and operation of facilities by Gulf South Pipeline Company, LLC (Gulf South) in St. Martin and Ascension Parishes, Louisiana. The Commission will use this environmental document in its decision-making process to determine whether the project is in the public convenience and necessity.</P>
                <P>This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies regarding the project. As part of the National Environmental Policy Act (NEPA) review process, the Commission takes into account concerns the public may have about proposals and the environmental impacts that could result from its action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. This gathering of public input is referred to as “scoping.” The main goal of the scoping process is to focus the analysis in the environmental document on the important environmental issues. Additional information about the Commission's NEPA process is described below in the NEPA Process and Environmental Document section of this notice.</P>
                <P>By this notice, the Commission requests public comments on the scope of issues to address in the environmental document. To ensure that your comments are timely and properly recorded, please submit your comments so that the Commission receives them in Washington, DC on or before 5:00 p.m. Eastern Time on April 11, 2025. Comments may be submitted in written form. Further details on how to submit comments are provided in the Public Participation section of this notice.</P>
                <P>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 environmental document. Commission staff will consider all written comments during the preparation of the environmental document.</P>
                <P>If you submitted comments on this project to the Commission before the opening of this docket on January 28, 2025, you will need to file those comments in Docket No. CP25-54-000 to ensure they are considered as part of this proceeding.</P>
                <P>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.</P>
                <P>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 easement agreement. You are not required to enter into an agreement. However, if the Commission approves the project, the Natural Gas Act conveys the right of eminent domain to the company. Therefore, if you and the company do not reach an easement agreement, the pipeline company could initiate condemnation proceedings in court. In such instances, compensation would be determined by a judge in accordance with state law. The Commission does not subsequently grant, exercise, or oversee the exercise of that eminent domain authority. The courts have exclusive authority to handle eminent domain cases; the Commission has no jurisdiction over these matters.</P>
                <P>
                    Gulf South provided landowners a fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility On My Land? What Do I Need To Know?” which addresses typically asked questions, including the use of eminent 
                    <PRTPAGE P="12717"/>
                    domain and how to participate in the Commission's proceedings. This fact sheet along with other landowner topics of interest are available for viewing on the FERC website (
                    <E T="03">www.ferc.gov</E>
                    ) under the Natural Gas, Landowner Topics link.
                </P>
                <HD SOURCE="HD1">Public Participation</HD>
                <P>
                    There are three methods you can use to submit your comments to the Commission. Please carefully follow these instructions so that your comments are properly recorded. The Commission encourages electronic filing of comments and has staff available to assist you at (866) 208-3676 or 
                    <E T="03">FercOnlineSupport@ferc.gov.</E>
                </P>
                <P>
                    (1) You can file your comments electronically using 
                    <E T="03">the eComment feature,</E>
                     which is located on the Commission's website (
                    <E T="03">www.ferc.gov</E>
                    ) under the link to FERC Online. Using eComment is an easy method for submitting brief, text-only comments on a project;
                </P>
                <P>
                    (2) You can file your comments electronically by using the eFiling feature, which is located on the Commission's website (
                    <E T="03">www.ferc.gov</E>
                    ) under the link to FERC Online. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making; a comment on a particular project is considered a “Comment on a Filing”; or
                </P>
                <P>(3) You can file a paper copy of your comments by mailing them to the Commission. Be sure to reference the project docket number (CP25-54-000) on your letter. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852.</P>
                <P>
                    Additionally, the Commission offers a free service called eSubscription which makes it easy to stay informed of all issuances and submittals regarding the dockets/projects to which you subscribe. These instant email notifications are the fastest way to receive notification and provide a link to the document files which can reduce the amount of time you spend researching proceedings. Go to 
                    <E T="03">https://www.ferc.gov/ferc-online/overview</E>
                     to register for eSubscription.
                </P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202)502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <HD SOURCE="HD1">Summary of the Proposed Project</HD>
                <P>For the PLUSS Project, Gulf South is proposing to add 236,000 dekatherms per day (Dth/d) of capacity through:</P>
                <P>• restoration of the maximum allowable operating pressure (MAOP) of the Arnaudville to Parks Line (Parks Line or Index 330); and</P>
                <P>• construction of the Sorrento Compressor Station on its existing Index 270 system.</P>
                <P>
                    In addition, in St. Martin Parish, Louisiana, Gulf South proposes to replace approximately 4.5 miles of non-contiguous segments of its existing 30-inch-diameter Index 330 pipeline between the existing Arnaudville Compressor Station and Parks Junction. In Ascension Parish, Louisiana, Gulf South proposes to construct a new compressor station on its existing 24-inch-diameter Index 270 pipeline equipped with a 12,510 horsepower Solar Mars 100 unit along with appurtenant, auxiliary facilities and a meter and regulator (M&amp;R) station. The project includes the construction of a mainline valve and installing suction and discharge piping to and from the Index 270 pipeline to establish a connection with the new compressor station. A delivery lateral is also proposed to link the new M&amp;R station located within the proposed Sorrento Compressor Station to the Project customers' facilities, along with an inline inspection tool receiver site to be built at the interconnect. The general location of the project facilities is shown in appendix 1.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The appendices referenced in this notice will not appear in the 
                        <E T="04">Federal Register</E>
                        . Copies of the appendices were sent to all those receiving this notice in the mail and are available at 
                        <E T="03">www.ferc.gov</E>
                         using the link called “eLibrary.” For instructions on connecting to eLibrary, refer to the last page of this notice. For assistance, contact FERC at 
                        <E T="03">FERCOnlineSupport@ferc.gov</E>
                         or call toll free, (886) 208-3676 or TTY (202) 502-8659.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Land Requirements for Construction</HD>
                <P>Construction of the proposed facilities would disturb about 167.9 acres of land for the aboveground facilities and the pipeline. Following construction, Gulf South would maintain about 23.6 acres for permanent operation of the project's facilities; the remaining acreage would be restored and revert to former uses. About 90 percent of the proposed pipeline route parallels existing pipeline, utility, or road rights-of-way.</P>
                <HD SOURCE="HD1">NEPA Process and the Environmental Document</HD>
                <P>Any environmental document issued by the Commission will discuss impacts that could occur as a result of the construction and operation of the proposed project under the relevant general resource areas:</P>
                <P>• geology and soils;</P>
                <P>• water resources and wetlands;</P>
                <P>• vegetation and wildlife;</P>
                <P>• threatened and endangered species;</P>
                <P>• cultural resources;</P>
                <P>• land use and visual impacts;</P>
                <P>• socioeconomic impacts;</P>
                <P>• air quality and noise; and</P>
                <P>• reliability and safety.</P>
                <P>Commission staff 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. Your comments will help Commission staff identify and focus on the issues that might have an effect on the human environment and potentially eliminate others from further study and discussion in the environmental document.</P>
                <P>
                    Following this scoping period, Commission staff will determine whether to prepare an Environmental Assessment (EA) or an Environmental Impact Statement (EIS). The EA or the EIS will present Commission staff's independent analysis of the issues. If Commission staff prepares an EA, a 
                    <E T="03">Notice of Schedule for the Preparation of an Environmental Assessment</E>
                     will be issued. The EA may be issued for an allotted public comment period. The Commission would consider timely comments on the EA before making its decision regarding the proposed project. If Commission staff prepares an EIS, a 
                    <E T="03">Notice of Intent to Prepare an EIS/Notice of Schedule</E>
                     will be issued, which will open up an additional comment period. Staff will then prepare a draft EIS which will be issued for public comment. Commission staff will consider all timely comments received during the comment period on the draft EIS and revise the document, as necessary, before issuing a final EIS. Any EA or draft and final EIS will be available in electronic format in the public record through eLibrary 
                    <SU>2</SU>
                    <FTREF/>
                     and the Commission's natural gas environmental documents web page 
                    <PRTPAGE P="12718"/>
                    (
                    <E T="03">https://www.ferc.gov/industries-data/natural-gas/environment/environmental-documents</E>
                    ). If eSubscribed, you will receive instant email notification when the environmental document is issued.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         For instructions on connecting to eLibrary, refer to the last page of this notice.
                    </P>
                </FTNT>
                <P>
                    With this notice, the Commission is asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues of this project to formally cooperate in the preparation of the environmental document.
                    <SU>3</SU>
                    <FTREF/>
                     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.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Cooperating agency responsibilities are addressed in Section 107(a)(3) of NEPA (42 U.S.C. 4336(a)(3)).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Consultation Under Section 106 of the National Historic Preservation Act</HD>
                <P>
                    In accordance with the Advisory Council on Historic Preservation's implementing regulations for section 106 of the National Historic Preservation Act, the Commission is using this notice to initiate consultation with the applicable State Historic Preservation Office(s), and to solicit their views and those of other government agencies, interested Indian tribes, and the public on the project's potential effects on historic properties.
                    <SU>4</SU>
                    <FTREF/>
                     The environmental document for this project will document findings on the impacts on historic properties and summarize the status of consultations under section 106.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         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.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Environmental Mailing List</HD>
                <P>The environmental mailing list includes Federal, State, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American Tribes; other interested parties; and local libraries and newspapers. This list also includes all affected landowners (as defined in the Commission's regulations) who are potential right-of-way grantors, whose property may be used temporarily for project purposes, or who own homes within certain distances of aboveground facilities, and anyone who submits comments on the project and includes a mailing address with their comments. Commission staff will update the environmental mailing list as the analysis proceeds to ensure that Commission notices related to this environmental review are sent to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed project.</P>
                <P>If you need to make changes to your name/address, or if you would like to remove your name from the mailing list, please complete one of the following steps:</P>
                <P>
                    (1) Send an email to 
                    <E T="03">GasProjectAddressChange@ferc.gov</E>
                     stating your request. You must include the docket number CP25-54-000 in your request. If you are requesting a change to your address, please be sure to include your name and the correct address. If you are requesting to delete your address from the mailing list, please include your name and address as it appeared on this notice. This email address is unable to accept comments.
                </P>
                <P>OR</P>
                <P>(2) Return the attached “Mailing List Update Form” (appendix 2).</P>
                <HD SOURCE="HD1">Additional Information</HD>
                <P>
                    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 
                    <E T="03">www.ferc.gov</E>
                     using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number in the “Docket Number” field. Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at 
                    <E T="03">FercOnlineSupport@ferc.gov</E>
                     or (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of all formal documents issued by the Commission, such as orders, notices, and rulemakings.
                </P>
                <P>
                    Public sessions or site visits will be posted on the Commission's calendar located at 
                    <E T="03">https://www.ferc.gov/news-events/events</E>
                     along with other related information.
                </P>
                <SIG>
                    <DATED>Dated: March 12, 2025.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04479 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Project No. 5000-078]</DEPDOC>
                <SUBJECT>Ampersand Kayuta Lake Hydro LLC; Notice of Application for Surrender of License Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests</SUBJECT>
                <P>Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection:</P>
                <P>
                    a. 
                    <E T="03">Application Type:</E>
                     Surrender of license.
                </P>
                <P>
                    b. 
                    <E T="03">Project No:</E>
                     P-5000-078.
                </P>
                <P>
                    c. 
                    <E T="03">Date Filed:</E>
                     December 17, 2024.
                </P>
                <P>
                    d. 
                    <E T="03">Applicant:</E>
                     Ampersand Kayuta Lake Hydro LLC.
                </P>
                <P>
                    e. 
                    <E T="03">Name of Project:</E>
                     Kayuta Lake Hydroelectric Project.
                </P>
                <P>
                    f. 
                    <E T="03">Location:</E>
                     The project is located on the Black River, Oneida County, New York. The project does not occupy federal lands.
                </P>
                <P>
                    g. 
                    <E T="03">Filed Pursuant to:</E>
                     Federal Power Act, 16 U.S.C. 791a-825r.
                </P>
                <P>
                    h. 
                    <E T="03">Applicant Contact:</E>
                     Sayad Moudachirou, Regulatory Affairs, Ampersand Kayuta Lake Hydro LLC, 717 Atlantic Avenue, Suite 1A, Boston, MA 02111, 617-933-7206, 
                    <E T="03">sayad@ampersandenergy.com.</E>
                </P>
                <P>
                    i. 
                    <E T="03">FERC Contact:</E>
                     Diana Shannon, (202) 502-6136, 
                    <E T="03">diana.shannon@ferc.gov.</E>
                </P>
                <P>
                    j. 
                    <E T="03">Cooperating agencies:</E>
                     With this notice, the Commission is inviting federal, state, local, and Tribal agencies with jurisdiction and/or special expertise with respect to environmental issues affected by the proposal, that wish to cooperate in the preparation of any environmental document, if applicable, to follow the instructions for filing such requests described in item k below. Cooperating agencies should note the Commission's policy that agencies that cooperate in the preparation of any environmental document cannot also intervene. 
                    <E T="03">See</E>
                     94 FERC ¶ 61,076 (2001).
                </P>
                <P>
                    k. 
                    <E T="03">Deadline for filing comments, motions to intervene, and protests:</E>
                     April 11, 2025.
                </P>
                <P>
                    The Commission strongly encourages electronic filing. Please file comments, motions to intervene, and protests using the Commission's eFiling system at 
                    <E T="03">http://www.ferc.gov/docs-filing/efiling.asp.</E>
                     Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at 
                    <E T="03">http://www.ferc.gov/docs-filing/ecomment.asp.</E>
                     For assistance, please 
                    <PRTPAGE P="12719"/>
                    contact FERC Online Support at 
                    <E T="03">FERCOnlineSupport@ferc.gov,</E>
                     (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852. The first page of any filing should include the docket number P-5000-078. Comments emailed to Commission staff are not considered part of the Commission record.
                </P>
                <P>The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person whose name appears on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.</P>
                <P>
                    l. 
                    <E T="03">Description of Request:</E>
                     Following the 2022 filing of a Notice of Intent and Pre-Application Document for relicensing the project, and continued consultation with parties regarding potential licensing recommendations, the applicant ultimately determined that expected licensing conditions would make the project uneconomic. Alternatively, the applicant proposes to surrender the project license. The project dam is owned by the New York State Canal Corporation (NYSCC). The dam would return to the NYSCC's jurisdiction. The applicant proposes to remove all hydropower generating equipment and leave in place the recreation facilities at the project. With the application, the applicant addressed effects on environmental resources, and included documentation of consultation with federal and state resource agencies as well as non-governmental agencies, municipalities, and Tribes.
                </P>
                <P>
                    m. 
                    <E T="03">Locations of the Application:</E>
                     This filing may be viewed on the Commission's website at 
                    <E T="03">http://www.ferc.gov</E>
                     using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at 
                    <E T="03">http://www.ferc.gov/docs-filing/esubscription.asp</E>
                     to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208-3676 or email 
                    <E T="03">FERCOnlineSupport@ferc.gov,</E>
                     for TTY, call (202) 502-8659. Agencies may obtain copies of the application directly from the applicant.
                </P>
                <P>n. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.</P>
                <P>
                    o. 
                    <E T="03">Comments, Protests, or Motions to Intervene:</E>
                     Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214, respectively. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.
                </P>
                <P>
                    p. 
                    <E T="03">Filing and Service of Documents:</E>
                     Any filing must (1) bear in all capital letters the title “COMMENTS”, “PROTEST”, or “MOTION TO INTERVENE” as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person commenting, protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis. Any filing made by an intervenor must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 385.2010.
                </P>
                <P>
                    q. The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, Tribal members, and others access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: March 12, 2025.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04483 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Project No. 4679-050]</DEPDOC>
                <SUBJECT>New York Power Authority; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions</SUBJECT>
                <P>Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.</P>
                <P>
                    a. 
                    <E T="03">Type of Application:</E>
                     New Major License.
                </P>
                <P>
                    b. 
                    <E T="03">Project No.:</E>
                     4679-050.
                </P>
                <P>
                    c. 
                    <E T="03">Date Filed:</E>
                     May 25, 2022.
                </P>
                <P>
                    d. 
                    <E T="03">Applicant:</E>
                     New York Power Authority (NYPA).
                </P>
                <P>
                    e. 
                    <E T="03">Name of Project:</E>
                     Vischer Ferry Hydroelectric Project (Vischer Ferry Project or project).
                </P>
                <P>
                    f. 
                    <E T="03">Location:</E>
                     On the Mohawk River in Saratoga and Schenectady Counties, New York.
                </P>
                <P>
                    g. 
                    <E T="03">Filed Pursuant to:</E>
                     Federal Power Act 16 U.S.C. 791(a)-825(r).
                </P>
                <P>
                    h. 
                    <E T="03">Applicant Contact:</E>
                     Rob Daly, Director of Licensing, NYPA, 123 Main Street, White Plains, NY 10601; Telephone: (914) 681-6564 or 
                    <E T="03">Rob.Daly@nypa.gov.</E>
                </P>
                <P>
                    i. 
                    <E T="03">FERC Contact:</E>
                     Jody Callihan at (202) 502-8278, or 
                    <E T="03">jody.callihan@ferc.gov.</E>
                </P>
                <P>
                    j. 
                    <E T="03">Deadline for filing motions to intervene and protests, comments, recommendations, preliminary terms and conditions, and preliminary prescriptions:</E>
                     60 days from the issuance date of this notice; reply comments are due 105 days from the issuance date of this notice.
                </P>
                <P>
                    The Commission strongly encourages electronic filing. Please file motions to intervene, protests, comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions using the Commission's eFiling system at 
                    <E T="03">https://www.ferc.gov/docs-filing/efiling.asp.</E>
                     Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at 
                    <E T="03">https://www.ferc.gov/docs-filing/ecomment.asp.</E>
                     For assistance, please contact FERC Online Support at 
                    <E T="03">FERCOnlineSupport@ferc.gov,</E>
                     (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, 
                    <PRTPAGE P="12720"/>
                    Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. All filings must clearly identify the project name and docket number on the first page: Vischer Ferry Hydroelectric Project (P-4679-050).
                </P>
                <P>The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.</P>
                <P>k. This application has been accepted for filing and is now ready for environmental analysis.</P>
                <P>
                    l. 
                    <E T="03">The Vischer Ferry Project consists of:</E>
                     (1) the Vischer Ferry dam, a concrete gravity structure composed of three connected spillway sections with a total length of 1,919 feet, the outer ogee-shaped weir sections having an average height of 30 feet and the middle broad-crested weir sections with a height varying from 1 foot to 3 feet; (2) an impoundment with an area of 1,137 acres and a gross storage capacity of 25,000 acre-feet at an elevation of 211 feet Barge Canal Datum (BCD) (27-inch-high flashboards seasonally installed during the navigation season add 2,400 acre-feet of storage); (3) a low-level regulating structure at the northern end of the spillway with sluice gates; (4) a headrace with a longitudinal retaining wall containing the sluice gates; (5) a brick and concrete powerhouse that is 73 feet wide, 186 feet long, and contains two Francis turbine-generator units rated at 2.8 megawatts (MW) each and two vertical Kaplan turbine-generator units rated at 3.0 MW each; (6) an unlined 65-foot-long, 150-foot-wide tailrace; (7) navigation lock E-7 of the Erie Canal; (8) an earthen embankment located to the west of Lock E-7; (9) a switchyard; (10) generator leads and transformer banks; and (11) appurtenant facilities.
                </P>
                <P>The Vischer Ferry Project is operated in a run-of-river mode such that outflow from the project approximates inflow, and the impoundment is maintained within 6 inches of the dam crest (or top of the flashboards, when installed). A year-round, continuous minimum flow of 200 cubic feet per second (cfs) is provided at the project. During the navigation season (typically mid-May through mid-October), the 200-cfs minimum flow is provided as part of a fish passage flow (250 cfs) that is released through notches (absence of flashboards) on the eastern spillway; during the remainder of the year (non-navigation season), the minimum flow is typically provided as part of generation flows. An acoustic deterrent system is seasonally deployed upstream of the project, from May through October, to guide blueback herring that are migrating downstream towards non-turbine routes of passage (notches in the flashboards). Average annual generation at the Vischer Ferry Project is 56,323 MW-hours. NYPA is not proposing any new project facilities or changes to existing facilities and the operation of the project at this time.</P>
                <P>
                    m. A copy of the application can be viewed on the Commission's website at 
                    <E T="03">https://www.ferc.gov</E>
                     using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document (
                    <E T="03">i.e.,</E>
                     P-4679). For assistance, contact FERC Online Support (see item j above).
                </P>
                <P>n. Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, and .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.</P>
                <P>All filings must (1) bear in all capital letters the title “PROTEST,” “MOTION TO INTERVENE,” “COMMENTS,” “REPLY COMMENTS,” “RECOMMENDATIONS,” “PRELIMINARY TERMS AND CONDITIONS,” or “PRELIMINARY FISHWAY PRESCRIPTIONS;” (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.</P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members, and others access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <P>
                    You may also register online at 
                    <E T="03">https://ferconline.ferc.gov/FERCOnline.aspx</E>
                     to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support (see item j above).
                </P>
                <P>
                    o. 
                    <E T="03">The applicant must file no later than 60 days following the date of issuance of this notice:</E>
                     (1) a copy of the water quality certification; (2) a copy of the request for certification, including proof of the date on which the certifying agency received the request; or (3) evidence of waiver of water quality certification.
                </P>
                <P>
                    p. 
                    <E T="03">Procedural Schedule:</E>
                     The application will be processed according to the following schedule. Revisions to the schedule may be made as appropriate.
                </P>
                <FP SOURCE="FP-1">
                    Deadline for filing comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions—May 12, 2025 
                    <SU>1</SU>
                    <FTREF/>
                </FP>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The Commission's Rules of Practice and Procedure provide that if a deadline falls on a Saturday, Sunday, holiday, or other day when the Commission is closed for business, the deadline does not end until the close of business on the next business day. 18 CFR 385.2007(a)(2). Because the filing deadline would fall on a Sunday (
                        <E T="03">i.e.,</E>
                         May 11, 2025), the deadline is extended until the close of business on Monday, May 12, 2025.
                    </P>
                </FTNT>
                <FP SOURCE="FP-1">Deadline for filing reply comments—June 25, 2025</FP>
                <P>q. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of this notice.</P>
                <SIG>
                    <DATED>Dated: March 12, 2025.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04484 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12721"/>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Docket No. CP25-29-000]</DEPDOC>
                <SUBJECT>Eastern Gas Transmission and Storage, Inc.; Notice of Schedule for the Preparation of an Environmental Assessment for the Capital Area Project</SUBJECT>
                <P>On December 11, 2024, Eastern Gas Transmission and Storage, Inc. (EGTS), filed an application in Docket No. CP25-29-000 requesting an authorization pursuant to section 7(c) of the Natural Gas Act and the regulations under part 157 of the Federal Energy Regulatory Commission (Commission) to construct, operate and maintain certain interstate natural gas pipeline facilities located in Clinton, Centre and Franklin Counties, Pennsylvania; and Loudoun County, Virginia. The proposed project is known as the Capital Area Project (Project) and would enable EGTS to deliver an additional 67,500 dekatherms per day of natural gas from an existing upstream pipeline interconnect in Clinton County, Pennsylvania, for delivery to local natural gas utilities in Frederick County, Maryland, and Loudoun County, Virginia.</P>
                <P>On December 23, 2024, the Commission 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 document for the Project.</P>
                <P>
                    This notice identifies Commission staff's intention to prepare an environmental assessment (EA) for the Project and the planned schedule for the completion of the environmental review.
                    <SU>1</SU>
                    <FTREF/>
                     The EA will be issued for a 30-day comment period.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         For tracking purposes under the National Environmental Policy Act, the unique identification number for documents relating to this environmental review is EAXX-019-20-000-1741616931.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Schedule for Environmental Review</HD>
                <FP SOURCE="FP-1">Issuance of EA—August 8, 2025</FP>
                <FP SOURCE="FP-1">
                    90-day Federal Authorization Decision Deadline 
                    <SU>2</SU>
                    <FTREF/>
                    —November 6, 2025
                </FP>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         The Commission's deadline applies to the decisions of other Federal agencies, and State agencies acting under federally delegated authority, that are responsible for Federal authorizations, permits, and other approvals necessary for proposed projects under the Natural Gas Act. Per 18 CFR 157.22(a), the Commission's deadline for other agency's decisions applies unless a schedule is otherwise established by Federal law.
                    </P>
                </FTNT>
                <P>If a schedule change becomes necessary, additional notice will be provided so that the relevant agencies are kept informed of the Project's progress.</P>
                <HD SOURCE="HD1">Project Description</HD>
                <P>The Project would increase natural gas capacity on EGTS' existing PL-1 pipeline system through the addition of compression and facility modifications at its existing Finnefrock, Centre, and Chambersburg Compressor Stations in Pennsylvania and Leesburg Compressor Station in Virginia. Specifically, the Project would add one 6,130 horsepower (hp) gas-fired turbine compressor unit and ancillary facilities at Centre Compressor Station in Centre County, Pennsylvania; add one 11,110 hp gas-fired turbine compressor unit and ancillary facilities at Chambersburg Compressor Station in Franklin County, Pennsylvania; add one 5,000 hp electric-driven compressor unit and ancillary facilities at Leesburg Compressor Station in Loudoun County, Virginia; and replace gas coolers and headers and cold recycle piping, and install new check valves, at Finnefrock Compressor Station in Clinton County, Pennsylvania.</P>
                <HD SOURCE="HD1">Background</HD>
                <P>On February 4, 2025, the Commission issued a “Notice of Scoping Period Requesting Comments on Environmental Issues for the Proposed Capital Area Project” (Notice of Scoping). The Notice of Scoping 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.</P>
                <P>In response to the Notice of Scoping, the Commission received 27 comments. Twenty of these comments were in favor of the Project emphasizing its critical importance in meeting the growing energy needs of residents and business in Pennsylvania, Maryland and Virginia. The Virginia Department of Environmental Quality suggested that that consideration should be given for the possibility of preparing an Environmental Impact Statement (EIS) for this Project, since it requires more stringent public participation requirements than an EA. Piedmont Environmental Council and the Chesapeake Bay Foundation also requested that a full EIS be completed. The Virginia Department of Wildlife Resources searched its Biotics Data System and confirmed that no natural heritage resources have been documented within the Project boundary including a 100-foot buffer. One landowner near the Leesburg Compressor Station noted air quality concerns with the station and the proposed expansion. The Loudoun County Office of Emergency Management suggested that EGTS conduct a community meeting for nearby residents.</P>
                <P>All substantive comments will be addressed in the EA.</P>
                <HD SOURCE="HD1">Additional Information</HD>
                <P>
                    In order to receive notification of the issuance of the EA and to keep track of formal issuances and submittals in specific dockets, the Commission offers a free service called eSubscription. This service provides automatic notification of filings made to subscribed dockets, document summaries, and direct links to the documents. Go to 
                    <E T="03">https://www.ferc.gov/ferc-online/overview</E>
                     to register for eSubscription.
                </P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <P>
                    Additional information about the Project is available from the Commission's Office of External Affairs at (866) 208-FERC or on the FERC website (
                    <E T="03">www.ferc.gov</E>
                    ). Using the “eLibrary” link, select “General Search” from the eLibrary menu, enter the selected date range and “Docket Number” excluding the last three digits (
                    <E T="03">i.e.,</E>
                     CP25-29-000), 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 
                    <E T="03">FERCOnlineSupport@ferc.gov.</E>
                     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.
                </P>
                <SIG>
                    <DATED>Dated: March 12, 2025.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04480 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12722"/>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Project No. 8405-024]</DEPDOC>
                <SUBJECT>Green Mountain Power Corporation; Notice of Application Tendered for Filing With the Commission and Establishing Procedural Schedule for Licensing and Deadline for Submissions of Final Amendments</SUBJECT>
                <P>Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.</P>
                <P>
                    a. 
                    <E T="03">Type of Application:</E>
                     Subsequent License for Minor Project.
                </P>
                <P>
                    b. 
                    <E T="03">Project No.:</E>
                     8405-024.
                </P>
                <P>
                    c. 
                    <E T="03">Date Filed:</E>
                     February 27, 2025.
                </P>
                <P>
                    d. 
                    <E T="03">Applicant:</E>
                     Green Mountain Power Corporation (GMP).
                </P>
                <P>
                    e. 
                    <E T="03">Name of Project:</E>
                     Glen Hydroelectric Project (project).
                </P>
                <P>
                    f. 
                    <E T="03">Location:</E>
                     The existing project is located on the Mascoma River in Grafton County, New Hampshire.
                </P>
                <P>
                    g. 
                    <E T="03">Filed Pursuant to:</E>
                     Federal Power Act 16 U.S.C. 791(a)-825(r).
                </P>
                <P>
                    h. 
                    <E T="03">Applicant Contact:</E>
                     Mr. John Tedesco, Generation Project Coordinator, Green Mountain Power Corporation, 163 Acorn Lane Colchester, VT 05446; Phone at (802) 655-8753, or email at 
                    <E T="03">John.Tedesco@greenmountainpower.com.</E>
                </P>
                <P>
                    i. 
                    <E T="03">FERC Contact:</E>
                     Steve Kartalia at (202) 502-6131, or 
                    <E T="03">stephen.kartalia@ferc.gov.</E>
                </P>
                <P>j. The application is not ready for environmental analysis at this time.</P>
                <P>
                    k. 
                    <E T="03">The existing Glen Project consists of a 173-foot-long, 14-foot-high concrete gravity dam that includes the following sections:</E>
                     (1) a 5-foot-long south abutment section; (2) a 123-foot-long, 12-foot-high spillway section equipped with: (a) 3-foot-high flashboards with a crest elevation of 413.2 feet National Geodetic Vertical Datum of 1929 (NGVD 29) at the top of the flashboards; (b) a 1-foot-wide concrete pier; (c) a trash sluice; and (d) a 4-foot-diameter, 14-foot-long steel pipe that extends downstream from the trash sluice; and (3) a 45-foot-long north abutment section. The dam creates an impoundment with a surface area of approximately 7 acres at an elevation of 413.2 feet NGVD 29. The project also comprises a (1) a 53.5-foot-long, 58.5-foot-wide intake structure that includes: (a) two 8-foot-wide, 8-foot-high steel headgates equipped with a 20-foot-wide, 15-foot-high trashrack with 2-inch clear bar spacing; and (b) a 10-foot-long steel inlet transition pipe from an 11-foot-wide, 6-foot-high rectangular cross-section to an 8.5-foot-diameter cross-section that connects the intake to a penstock; (2) a 4,100-foot-long, 8- to 8.5-foot-diameter penstock that trifurcates into three 4-foot-diameter sections that connect to the powerhouse; (3) a 20-inch minimum flow pipe protruding from the penstock immediately downstream of the intake structure; (4) a 26-foot-long, 30-foot-wide powerhouse containing a 685-kilowatt (kW) regulated propeller bulb turbine-generator unit and two 400-kW fixed propeller bulb turbine-generator units for a total installed capacity of 1,485 kW; (5) an approximately 34-foot-long, 30-foot-wide, 8-foot-deep tailrace that discharges into the Mascoma River; (6) a 50-foot-long underground transmission line that leads to a 2.4/13.2-kilovolt step-up transformer where the project is connected to the local electric grid; and (7) appurtenant facilities. The project creates an approximately 4,300-foot-long bypassed reach of the Mascoma River.
                </P>
                <P>The current license requires GMP to operate the project in “instantaneous” run‐of‐river mode, so that project outflow approximates inflow to the impoundment. The current license also requires that GMP release a continuous minimum flow of 40 cubic feet per second (cfs) or inflow to the impoundment, whichever is less, from the project to the bypassed reach, as measured immediately downstream from the project dam, to protect aquatic resources in the Mascoma River. GMP releases the minimum flow to the bypassed reach through the minimum flow pipe. The average annual generation of the project between 2012 through 2024 was approximately 2,782 megawatt-hours.</P>
                <P>GMP propose to: (1) continue operating the project in a run-of-river mode; (2) continue releasing a continuous minimum flow of 40 cfs or inflow to the impoundment, whichever is less, from the project to the bypassed reach; (3) develop an operations compliance monitoring plan; (4) avoid tree removal of all trees greater than 3 inches in diameter at breast height on project lands from April 15 through October 31, to minimize potential impacts to northern long-eared and tricolored bats; and (5) develop an historic properties management plan.</P>
                <P>
                    l. In addition to publishing this notice in the 
                    <E T="04">Federal Register</E>
                    , the Commission provides all interested persons an opportunity to view and/or print the contents of this notice, as well as other documents in the proceeding (
                    <E T="03">e.g.,</E>
                     license application) via the internet through the Commission's Home Page (
                    <E T="03">http://www.ferc.gov</E>
                    ), using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document (P-8405). For assistance, contact FERC at 
                    <E T="03">FERCOnlineSupport@ferc.gov,</E>
                     (866) 208-3676 (toll free), or (202) 502-8659 (TTY).
                </P>
                <P>
                    You may also register online at 
                    <E T="03">https://ferconline.ferc.gov/FERCOnline.aspx</E>
                     to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.
                </P>
                <P>
                    m. The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <P>
                    n. 
                    <E T="03">Procedural Schedule:</E>
                     The application will be processed according to the following preliminary schedule. Revisions to the schedule will be made as appropriate.
                </P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,p7,7/8,i1" CDEF="s25,xs50">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Milestone</CHED>
                        <CHED H="1">Target date</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Deficiency Letter (if necessary)</ENT>
                        <ENT>March 2025.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Additional Information Request (if necessary)</ENT>
                        <ENT>April 2025.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Notice of Acceptance</ENT>
                        <ENT>January 2026.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Notice of Ready for Environmental Analysis</ENT>
                        <ENT>January 2026.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>o. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of the notice of ready for environmental analysis.</P>
                <SIG>
                    <DATED>Dated: March 12, 2025.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04481 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12723"/>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Project No. 15366-000]</DEPDOC>
                <SUBJECT>Town of Stowe Electric Department; Notice of Application Accepted for Filing, Intent To Waive Scoping, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, and Terms and Conditions</SUBJECT>
                <P>Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.</P>
                <P>
                    a. 
                    <E T="03">Type of Application:</E>
                     Exemption from Licensing.
                </P>
                <P>
                    b. 
                    <E T="03">Project No.:</E>
                     15366-000.
                </P>
                <P>
                    c. 
                    <E T="03">Date Filed:</E>
                     July 2, 2024.
                </P>
                <P>
                    d. 
                    <E T="03">Applicant:</E>
                     Town of Stowe Electric Department.
                </P>
                <P>
                    e. 
                    <E T="03">Name of Project</E>
                    : Smith's Falls Hydroelectric Project.
                </P>
                <P>
                    f. 
                    <E T="03">Location:</E>
                     On the Little River in the Town of Stowe, Lamoille County, Vermont.
                </P>
                <P>
                    g. 
                    <E T="03">Filed Pursuant to:</E>
                     Public Utility Regulatory Policies Act of 1978, 16 U.S.C. 2705, 2708, 
                    <E T="03">amended by</E>
                     the Hydropower Regulatory Efficiency Act of 2013, Public Law 113-23, 127 Stat. 493 (2013).
                </P>
                <P>
                    h. 
                    <E T="03">Applicant Contact:</E>
                     Mr. Michael Lazorchak, Manager, Regulatory Affairs, Town of Stowe Electric Department, P.O. Box 190, Stowe, VT 05672; telephone at (802) 253-7217; email at 
                    <E T="03">mlazorchak@stoweelectric.com</E>
                    .
                </P>
                <P>
                    i. 
                    <E T="03">FERC Contact:</E>
                     Joshua Dub, Project Coordinator, Great Lakes Branch, Division of Hydropower Licensing; telephone at (202) 502-8138; email at 
                    <E T="03">Joshua.Dub@FERC.gov</E>
                    .
                </P>
                <P>j. Deadline for filing motions to intervene and protests, comments, recommendations, and terms and conditions: 60 days from the issuance date of this notice; reply comments are due 105 days from the issuance date of this notice.</P>
                <P>
                    The Commission strongly encourages electronic filing. Please file motions to intervene and protests, comments, recommendations, and terms and conditions using the Commission's eFiling system at 
                    <E T="03">https://ferconline.ferc.gov/FERCOnline.aspx.</E>
                     Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at 
                    <E T="03">https://ferconline.ferc.gov/QuickComment.aspx</E>
                    . For assistance, please contact FERC Online Support at 
                    <E T="03">FERCOnlineSupport@ferc.gov,</E>
                     (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, MD 20852. All filings must clearly identify the project name and docket number on the first page: Smith's Falls Hydroelectric Project (P-15366-000).
                </P>
                <P>The Commission's Rules of Practice and Procedure require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.</P>
                <P>k. This application has been accepted for filing and is now ready for environmental analysis.</P>
                <P>
                    l. 
                    <E T="03">Project Description:</E>
                     The proposed project would consist of an existing concrete dam that includes: (1) a new 10-foot-long south abutment; (2) an existing spillway that would be modified to include: (a) a 15-foot-long section with a new 2-foot-high concrete cap with a crest elevation of 635.8 feet North American Vertical Datum of 1988 (NAVD 88); and (b) a 145-foot-long section with a new 2-foot-high concrete cap and a new 3-foot-high inflatable rubber crest gate with a maximum crest elevation of 635.8 feet NAVD 88; (3) a new 10-foot-long non-overflow section with a 3-foot-long low-level outlet gate; (4) an existing 27-foot-long non-overflow section formed by a mill building; and (5) a new 24.9-foot-long intake structure with a 7-foot-long slide gate and a 22.4-foot-long trashrack with 1-inch clear bar spacing, that would replace an existing non-operational intake structure.
                </P>
                <P>The existing spillway has a crest elevation of 634.5 to 635.9 feet NAVD 88, except for an approximately 23.5-foot-long breached section that has a crest elevation of 633.5 feet NAVD 88. The normal maximum surface elevation of the existing impoundment is 634.4 feet NAVD 88 and the surface area is 1.02 acres. The modified dam would create a 1.75-acre impoundment at a proposed normal maximum surface elevation of 636.0 feet NAVD 88.</P>
                <P>From the impoundment, water would flow through the new intake structure into an approximately 105-foot-long concrete sluiceway that includes an existing 56-foot-long section and two new sections totaling approximately 49 feet in length. The sluiceway would convey water to a new 150-kilowatt vertical Kaplan turbine-generator in a new 22-foot-long, 15-foot-wide wood and steel powerhouse. Water would be discharged from the powerhouse to a new 40-foot-long, 12-foot-wide tailrace, where it would return to the Little River. The project would create an approximately 170-foot-long bypassed reach of the Little River.</P>
                <P>Electricity generated at the project would be transmitted to the electric grid via a new underground 0.48-kilovolt (kV) generator lead line and a new 0.48/12.47-kV step-up transformer.</P>
                <P>The Town proposes to provide the following recreation facilities: (1) a hand-carry boat access site on the shoreline of the impoundment; (2) a hand-carry boat portage route around the dam; and (3) a hand-carry boat and fishing access site on the riverbank downstream of the tailrace.</P>
                <P>The minimum and maximum hydraulic capacities of the powerhouse would be 75 and 150 cubic feet per second (cfs), respectively. The average annual energy production of the project would be approximately 410 megawatt-hours.</P>
                <P>The proposed project boundary encompasses approximately 3.3 acres, including: (1) a 1.75-acre impoundment; (2) 0.5 acre of land associated with the project facilities described above; (3) 0.7 acre of land adjacent to the shoreline of the impoundment; (4) 0.25 acre of land adjacent to the northern bank of the Little River downstream of the proposed tailrace; and (5) 0.1 acre of land associated with an existing parking area located approximately 30 feet north of the project dam.</P>
                <P>The Town proposes to: (1) operate the project in a run-of-river mode and maintain the normal maximum surface elevation of the impoundment at 636.0 feet NAVD 88; and (2) release a continuous minimum flow of 15 cfs or inflow, whichever is less, over the rubber dam. The Town also proposes measures to protect, mitigate, and/or enhance geology and soils, aquatic resources, terrestrial resources, threatened and endangered species, recreation and aesthetic resources, and cultural resources.</P>
                <P>
                    m. Due to the existing dam and limited scope of the proposed rehabilitation of the project site; the applicant's close coordination with federal and state agencies during the preparation of the application; and completed studies during pre-filing 
                    <PRTPAGE P="12724"/>
                    consultation, we intend to waive scoping and expedite the exemption process. Commission staff determined that the issues that need to be addressed in the environmental document have been adequately identified during the pre-filing period, which included a public meeting and site visit, and no new issues are likely to be identified through additional scoping. Staff's environmental document will evaluate the potential effects of project construction and operation on geology and soils, aquatic, terrestrial, threatened and endangered species, recreation, land use, aesthetic, cultural, and developmental resources.
                </P>
                <P>
                    n. A copy of the application can be viewed on the Commission's website at 
                    <E T="03">https://www.ferc.gov</E>
                     using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at 
                    <E T="03">https://ferconline.ferc.gov/FERCOnline.aspx</E>
                     to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.
                </P>
                <P>o. Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.</P>
                <P>p. Any qualified applicant desiring to file a competing application must submit to the Commission, on or before the specified intervention deadline date, a competing development application, or a notice of intent to file such an application. Submission of a timely notice of intent allows an interested person to file the competing development application no later than 120 days after the specified intervention deadline date. Applications for preliminary permits will not be accepted in response to this notice.</P>
                <P>A notice of intent must specify the exact name, business address, and telephone number of the prospective applicant, and must include an unequivocal statement of intent to submit a development application. A notice of intent must be served on the applicant(s) named in this public notice.</P>
                <P>q. All filings must (1) bear in all capital letters the title “PROTEST”, “MOTION TO INTERVENE”, “NOTICE OF INTENT TO FILE COMPETING APPLICATION,” “COMPETING APPLICATION,” “COMMENTS,” “REPLY COMMENTS,” “RECOMMENDATIONS,” or “TERMS AND CONDITIONS;” (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name of the person submitting the filing; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, or terms and conditions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed on the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.</P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <P>r. The applicant must file no later than 60 days following the date of issuance of this notice: (1) a copy of the water quality certification; (2) a copy of the request for certification, including proof of the date on which the certifying agency received the request; or (3) evidence of waiver of water quality certification.</P>
                <P>s. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of this notice.</P>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Carlos D. Clay,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04560 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Project No. P-2391-053]</DEPDOC>
                <SUBJECT>PE Hydro Generation, LLC; Notice of Reasonable Period of Time for Water Quality Certification Application</SUBJECT>
                <P>
                    On February 28, 2025, PE Hydro Generation, LLC (PE Hydro) submitted to the Federal Energy Regulatory Commission (Commission) documentation from Virginia Department of Environmental Quality (Virginia DEQ) that it received PE Hydro's request for a Clean Water Act section 401(a)(1) water quality certification as required by 40 CFR 121.5, for the above captioned project on December 17, 2024. Pursuant to section [4.34(b)(5), 5.23(b), 153.4, or 157.22] of the Commission's regulations,
                    <SU>1</SU>
                    <FTREF/>
                     we hereby notify Virginia DEQ of the following:
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         18 CFR [4.34(b)(5)/5.23(b)/153.4/157.22].
                    </P>
                </FTNT>
                <P>Date of Receipt of the Certification Request: December 17, 2024.</P>
                <P>Reasonable Period of Time to Act on the Certification Request: One year, December 17, 2025.</P>
                <P>If Virginia DEQ fails or refuses to act on the water quality certification request on or before the above date, then the certifying authority is deemed waived pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).</P>
                <SIG>
                    <DATED>Dated: March 12, 2025.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04487 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <SUBJECT>Combined Notice of Filings #1</SUBJECT>
                <P>Take notice that the Commission received the following exempt wholesale generator filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG25-221-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Big Sampson Wind Project, LLC, Bracewell LLP.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Big Sampson Wind Project, LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/11/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250311-5301.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m.  ET 4/1/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG25-222-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     I-eye Storage LLC.
                    <PRTPAGE P="12725"/>
                </P>
                <P>
                    <E T="03">Description:</E>
                     I-eye Storage LLC submits Notice of Self-Certification of Exempt Wholesale Generator Status.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5117.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/2/25.
                </P>
                <P>Take notice that the Commission received the following electric rate filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER20-721-002; ER21-2140-002; ER20-720-002; ER20-886-002; ER23-1812-002; ER24-966-003.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Eleven Mile Solar Center, LLC, Sunflower Energy Center, LLC, Orsted US Trading LLC, Plum Creek Wind, LLC, Haystack Wind Project, LLC, Willow Creek Wind Power LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Supplement to 01/10/2025, Triennial Market Power Analysis for Southwest Power Pool Inc. Region of Plum Creek Wind, LLC, et al.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/11/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250311-5307.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/1/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER20-2101-004; ER23-2407-004.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Strauss Wind, LLC, Fern Solar LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Notice of Non-Material Change in Status of Fern Solar LLC, et al.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/11/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250311-5303.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/1/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-343-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Nestlewood Solar I LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Supplement to 07/30/2024, Notice of Non-Material Change in Status of Nestlewood Solar I LLC.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/11/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250311-5302.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/1/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER24-1284-001; ER24-1285-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     SR Toombs Lessee, LLC, SR Toombs, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Notice of Non-Material Change in Status of SR Toombs, LLC et al.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/11/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250311-5308.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/1/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-823-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Painter Energy Storage, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Tariff Amendment: Amendment to 1 to be effective 1/15/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/11/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250311-5283.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/21/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1313-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Tibbits Energy Storage LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Tariff Amendment: Amendment to 1 to be effective 4/30/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/11/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250311-5291.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/1/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1498-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Arkansas River Power Authority.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Petition for Limited Waiver of Arkansas River Power Authority.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     2/28/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250228-5487.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 3/21/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1554-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Alabama Power Company, Georgia Power Company, Mississippi Power Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Alabama Power Company submits tariff filing per 35.13(a)(2)(iii: PowerSouth NITSA Amendment (Add Sweetnin &amp; Cropwell DPs; removed New London DP) to be effective 2/11/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/11/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250311-5266.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/1/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1555-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Tariff Amendment: Notice of Cancellation GIA &amp; CSA, SA Nos. 7400 &amp; 7401; Project ID AF1-164 to be effective 3/29/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/11/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250311-5280.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/1/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1560-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Southwestern Public Service Company, Southwest Power Pool, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Southwestern Public Service Company submits tariff filing per 35.13(a)(2)(iii: SPS Formula Rate Revisions to Incorporate Changes Accepted in ER25-346 to be effective 1/1/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5044.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/2/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1562-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Amendment to WMPA, SA No. 6580; Queue No. AE2-212 (amend) to be effective 5/12/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5047.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/2/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1563-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Amendment to WMPA, SA No. 5669; Queue No. AF1-291 (amend) to be effective 5/12/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5049.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/2/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1564-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Amendment to GIA, Service Agreement No. 7247; Queue No. AF1-228 to be effective 5/12/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5058.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/2/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1565-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Midcontinent Independent System Operator, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: 2025-03-12_SA 4137 Duke-Ratts 2-Ratts 1 MPFCA 2nd Rev (J1027 J1028 J1189) to be effective 5/12/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5068.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/2/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1566-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Original GIA, SA No. 7588; Project Identifier No. AE2-220 to be effective 2/13/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5072.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/2/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1571-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Nicholas County Solar Project, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Nicholas County Solar Project, LLC—Co-Tenancy and Shared Facilities Agreement to be effective 3/13/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5113.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/2/25.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER25-1572-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Deep Lake Energy Center, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     205(d) Rate Filing: Certificate of Concurrence and Request for Waiver and Blanket Approval to be effective 3/13/2025.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250312-5115.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/2/25.
                </P>
                <P>Take notice that the Commission received the following electric securities filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ES25-35-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Startrans IO, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Application Under Section 204 of the Federal Power Act for Authorization to Issue Securities of Startrans IO, L.L.C.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/11/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250311-5309.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/1/25.
                </P>
                <P>Take notice that the Commission received the following PURPA 210(m)(3) filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     QM25-2-000.
                    <PRTPAGE P="12726"/>
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Johnson County Rural Electric Membership Corporation.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Application of Johnson County Rural Electric Membership Corporation to Terminate Its Mandatory Purchase Obligation under the Public Utility Regulatory Policies Act of 1978.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/11/25.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20250311-5298.
                </P>
                <P>
                    <E T="03">Comment Date:</E>
                     5 p.m. ET 4/8/25.
                </P>
                <P>
                    The filings are accessible in the Commission's eLibrary system (
                    <E T="03">https://elibrary.ferc.gov/idmws/search/fercgensearch.asp</E>
                    ) by querying the docket number.
                </P>
                <P>Any person desiring to intervene, to protest, or to answer a complaint in any of the above proceedings must file in accordance with Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211, 385.214, or 385.206) 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.</P>
                <P>
                    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: 
                    <E T="03">http://www.ferc.gov/docs-filing/efiling/filing-req.pdf.</E>
                     For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.
                </P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: March 12, 2025.</DATED>
                    <NAME>Carlos D. Clay,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04447 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <SUBJECT>Sunshine Act Meetings</SUBJECT>
                <P>The following notice of meeting is published pursuant to section 3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C.552b: </P>
                <PREAMHD>
                    <HD SOURCE="HED">AGENCY HOLDING MEETING:</HD>
                    <P>Federal Energy Regulatory Commission. </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">TIME AND DATE:</HD>
                    <P>March 20, 2025, 10:00 a.m. </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PLACE:</HD>
                    <P>Room 2C,  888 First Street NE,  Washington, DC 20426. </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">STATUS:</HD>
                    <P>Open to the public. </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">MATTERS TO BE CONSIDERED:</HD>
                    <P>Agenda.</P>
                    <P>* Note—Items listed on the agenda may be deleted without further notice.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION:</HD>
                    <P>Debbie-Anne A. Reese, Secretary, Telephone (202) 502-8400.</P>
                    <P>
                        For a recorded message listing items Stricken from or added to the meeting, call (202) 502-8627. This is a list of matters to be considered by the Commission. It does not include a listing of all documents relevant to the items on the agenda. All public documents, however, may be viewed online at the Commission's website at 
                        <E T="03">https://elibrary.ferc.gov/eLibrary/search</E>
                         using the eLibrary link.
                    </P>
                </PREAMHD>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="xs35,r100,r200">
                    <TTITLE>1123rd—Meeting</TTITLE>
                    <TDESC>[Open; March 20, 2025 10:00 a.m.]</TDESC>
                    <BOXHD>
                        <CHED H="1">Item No.</CHED>
                        <CHED H="1">Docket No.</CHED>
                        <CHED H="1">Company</CHED>
                    </BOXHD>
                    <ROW EXPSTB="02" RUL="s">
                        <ENT I="21">
                            <E T="02">Administrative</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">A-1</ENT>
                        <ENT>AD25-1-000</ENT>
                        <ENT>Agency Administrative Matters.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">A-2</ENT>
                        <ENT>AD25-2-000</ENT>
                        <ENT>Customer Matters, Reliability, Security, and Market Operations.</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">A-3</ENT>
                        <ENT>AD06-3-000</ENT>
                        <ENT>Market Update.</ENT>
                    </ROW>
                    <ROW EXPSTB="02" RUL="s">
                        <ENT I="21">
                            <E T="02">Electric</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">E-1</ENT>
                        <ENT>ER24-2184-000; ER24-2184-001; ER24-2185-000; ER24-2185-001</ENT>
                        <ENT>Southwest Power Pool, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-2</ENT>
                        <ENT>ER24-756-000; ER24-756-001</ENT>
                        <ENT>Avista Corporation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-3</ENT>
                        <ENT>ER24-1554-000; ER24-1554-001</ENT>
                        <ENT>Duke Energy Carolinas, LLC and Duke Energy Progress, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-4</ENT>
                        <ENT>ER24-2043-000</ENT>
                        <ENT>Basin Electric Power Cooperative.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-5</ENT>
                        <ENT>ER24-2036-000</ENT>
                        <ENT>Lucky Corridor, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-6</ENT>
                        <ENT>EL24-147-000</ENT>
                        <ENT>
                            <E T="03">Ponderosa Power, LLC</E>
                             v. 
                            <E T="03">NorthWestern Corporation.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-7</ENT>
                        <ENT>ER24-2906-000</ENT>
                        <ENT>Southwest Power Pool, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-8</ENT>
                        <ENT>EL22-80-001</ENT>
                        <ENT>
                            <E T="03">American Municipal Power, Inc., Office of the People's Counsel for the District of Columbia, and the PJM Industrial Customer Coalition</E>
                             v. 
                            <E T="03">PJM Interconnection, L.L.C.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>EL22-85-001</ENT>
                        <ENT>PJM Interconnection, L.L.C.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-9</ENT>
                        <ENT>ER24-2397-001</ENT>
                        <ENT>Southwest Power Pool, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-10</ENT>
                        <ENT>EL24-74-001</ENT>
                        <ENT>
                            <E T="03">Municipal Energy Agency of Nebraska and the Colorado Cities of Aspen and Glenwood Springs and the Town of Center, Colorado</E>
                             v. 
                            <E T="03">Public Service Company of Colorado.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-11</ENT>
                        <ENT>ER24-3107-002; ER24-3108-001</ENT>
                        <ENT>Evergy Kansas Central, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>ER24-3114-001</ENT>
                        <ENT>Evergy Kansas Central, Inc.; Evergy Kansas South, Inc.; Southwest Power Pool, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>ER24-3115-001</ENT>
                        <ENT>Evergy Metro Inc.; Southwest Power Pool, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-12</ENT>
                        <ENT>ER24-3107-001</ENT>
                        <ENT>Evergy Kansas Central, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-13</ENT>
                        <ENT>
                            <E T="03">Welcome Solar, LLC, Welcome Solar II, LLC, and Welcome Solar III, LLC</E>
                             v. 
                            <E T="03">PJM Interconnection, L.L.C.</E>
                        </ENT>
                        <ENT>EL25-5-000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>ER25-453-000; ER25-454-000; ER25-455-000</ENT>
                        <ENT>PJM Interconnection, L.L.C.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-14</ENT>
                        <ENT>EL24-61-001</ENT>
                        <ENT>
                            <E T="03">Montana-Dakota Utilities Co.</E>
                             v. 
                            <E T="03">Midcontinent Independent System Operator, Inc. and Southwest Power Pool, Inc.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>EL24-85-001</ENT>
                        <ENT>
                            <E T="03">Midcontinent Independent System Operator, Inc.</E>
                             v. 
                            <E T="03">Southwest Power Pool, Inc.</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="12727"/>
                        <ENT I="01">E-15</ENT>
                        <ENT>ER24-1586-001</ENT>
                        <ENT>Midcontinent Independent System Operator, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">E-16</ENT>
                        <ENT>ER25-526-000</ENT>
                        <ENT>California Independent System Operator Corporation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>ER21-2579-000</ENT>
                        <ENT>EDF Trading North America LLC.</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">E-17</ENT>
                        <ENT>ER25-824-000</ENT>
                        <ENT>FirstEnergy Service Company and Potomac Edison Company.</ENT>
                    </ROW>
                    <ROW EXPSTB="02" RUL="s">
                        <ENT I="21">
                            <E T="02">Hydro</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00" RUL="s">
                        <ENT I="01">H-1</ENT>
                        <ENT>P-606-042</ENT>
                        <ENT>Pacific Gas and Electric Company.</ENT>
                    </ROW>
                    <ROW EXPSTB="02" RUL="s">
                        <ENT I="21">
                            <E T="02">Certificates</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">C-1</ENT>
                        <ENT>CP24-124-000</ENT>
                        <ENT>Colorado Interstate Gas Company, L.L.C.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">C-2</ENT>
                        <ENT>OMITTED</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">C-3</ENT>
                        <ENT>CP24-510-000</ENT>
                        <ENT>Florida Gas Transmission Company, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">C-4</ENT>
                        <ENT>CP24-80-000</ENT>
                        <ENT>Mississippi Hub, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">C-5 </ENT>
                        <ENT>CP15-550-002; CP15-550-000</ENT>
                        <ENT>Venture Global Calcasieu Pass, LLC</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    A free webcast of this event is available through the Commission's website. Anyone with Internet access who desires to view this event can do so by navigating to www.ferc.gov's Calendar of Events and locating this event in the Calendar. The Federal Energy Regulatory Commission provides technical support for the free webcasts. Please call (202) 502-8680 or email 
                    <E T="03">customer@ferc.gov</E>
                     if you have any questions. 
                </P>
                <P>Immediately following the conclusion of the Commission Meeting, a press briefing will be held in the Commission Meeting Room. Members of the public may view this briefing in the designated overflow room. This statement is intended to notify the public that the press briefings that follow Commission meetings may now be viewed remotely at Commission headquarters but will not be telecast.</P>
                <SIG>
                    <DATED>Issued: March 13, 2025.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04703 Filed 3-17-25; 11:15 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Docket No. CP25-95-000]</DEPDOC>
                <SUBJECT>East Cheyenne Gas Storage, LLC; Notice of Application and Establishing Intervention Deadline</SUBJECT>
                <P>
                    Take notice that on February 28, 2025, East Cheyenne Gas Storage, LLC (East Cheyenne), 370 Van Gordon Street, Lakewood, Colorado 80228, filed an application under sections 7(b) and 7(c) of the Natural Gas Act (NGA) and part 157 of the Commission's regulations requesting authorization to abandon the certificated natural gas storage capacity of the West Peetz and Lewis Creek oil and gas fields located in Logan County, Colorado and to amend the certificate of public convenience and necessity issued by the Commission in Docket No. CP10-34-000 
                    <SU>1</SU>
                    <FTREF/>
                     (Project). The Project will involve: (1) reducing the certificated working gas capacity of the fields from 22.5 Bcf to 12.5 Bcf, (2) increasing the base gas capacity from 15.7 Bcf to 22.1 Bcf, and (3) reducing the maximum injection/withdrawal rate of the fields from 350 million cubic feet per day (MMcf/d) to 210 MMcf/d. The Project will allow East Cheyenne to reduce its certificated storage capacity to conform to the current physical conditions of its facilities installed by previous owners, all as more fully set forth in the application which is on file with the Commission and open for public inspection.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         East Cheyenne Gas Storage, LLC, 132 FERC ¶ 61,097 (2010).
                    </P>
                </FTNT>
                <P>
                    In addition to publishing the full text of this document in the 
                    <E T="04">Federal Register</E>
                    , the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the internet through the Commission's Home Page (
                    <E T="03">https://www.ferc.gov</E>
                    ). From the Commission's Home Page on the internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field.
                </P>
                <P>
                    User assistance is available for eLibrary and the Commission's website during normal business hours from FERC Online Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at 
                    <E T="03">ferconlinesupport@ferc.gov,</E>
                     or the Public Reference Room at (202) 502-8371, TTY (202) 502-8659. Email the Public Reference Room at 
                    <E T="03">public.referenceroom@ferc.gov.</E>
                </P>
                <P>
                    Any questions regarding the proposed project should be directed to Drew Cutright, Vice President, Regulatory Affairs, Tallgrass Energy, LP, 370 Van Gordon Street, Lakewood, CO 80228, by phone at (303) 763-3438, or by email at 
                    <E T="03">Drew.Cutright@tallgrass.com.</E>
                </P>
                <P>
                    Pursuant to section 157.9 of the Commission's Rules of Practice and Procedure,
                    <SU>2</SU>
                    <FTREF/>
                     within 90 days of this Notice the Commission staff will either: complete its environmental review 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 environmental assessment (EA) for this proposal. The filing of an 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.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         18 CFR 157.9.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Public Participation</HD>
                <P>
                    There are three ways to become involved in the Commission's review of 
                    <PRTPAGE P="12728"/>
                    this project: you can file comments on the project, you can protest the filing, and you can file a motion to intervene in the proceeding. There is no fee or cost for filing comments or intervening. The deadline for filing a motion to intervene is 5:00 p.m. Eastern Time on April 2, 2025. How to file protests, motions to intervene, and comments is explained below.
                </P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <HD SOURCE="HD2">Comments</HD>
                <P>Any person wishing to comment on the project may do so. Comments may include statements of support or objections, to the project as a whole or specific aspects of the project. The more specific your comments, the more useful they will be.</P>
                <HD SOURCE="HD2">Protests</HD>
                <P>
                    Pursuant to sections 157.10(a)(4) 
                    <SU>3</SU>
                    <FTREF/>
                     and 385.211 
                    <SU>4</SU>
                    <FTREF/>
                     of the Commission's regulations under the NGA, any person 
                    <SU>5</SU>
                    <FTREF/>
                     may file a protest to the application. Protests must comply with the requirements specified in section 385.2001 
                    <SU>6</SU>
                    <FTREF/>
                     of the Commission's regulations. A protest may also serve as a motion to intervene so long as the protestor states it also seeks to be an intervenor.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         18 CFR 157.10(a)(4).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         18 CFR 385.211.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Persons include individuals, organizations, businesses, municipalities, and other entities. 18 CFR 385.102(d).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         18 CFR 385.2001.
                    </P>
                </FTNT>
                <P>To ensure that your comments or protests are timely and properly recorded, please submit your comments on or before April 2, 2025.</P>
                <P>There are three methods you can use to submit your comments or protests to the Commission. In all instances, please reference the Project docket number CP25-95-000 in your submission.</P>
                <P>
                    (1) You may file your comments electronically by using the eComment feature, which is located on the Commission's website at 
                    <E T="03">www.ferc.gov</E>
                     under the link to Documents and Filings. Using eComment is an easy method for interested persons to submit brief, text-only comments on a project;
                </P>
                <P>
                    (2) You may file your comments or protests electronically by using the eFiling feature, which is located on the Commission's website (
                    <E T="03">www.ferc.gov</E>
                    ) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making; first select “General” and then select “Comment on a Filing”; or
                </P>
                <P>(3) You can file a paper copy of your comments or protests by mailing them to the following address below. Your written comments must reference the Project docket number (CP25-95-000).</P>
                <P>
                    <E T="03">To file via USPS:</E>
                     Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.
                </P>
                <P>
                    <E T="03">To file via any other courier:</E>
                     Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
                </P>
                <P>
                    The Commission encourages electronic filing of comments (options 1 and 2 above) and has eFiling staff available to assist you at (202) 502-8258 or 
                    <E T="03">FercOnlineSupport@ferc.gov.</E>
                </P>
                <P>Persons who comment on the environmental review of this project will be placed on the Commission's environmental mailing list, and will receive notification when the environmental documents (EA or EIS) are issued for this project and will be notified of meetings associated with the Commission's environmental review process.</P>
                <P>The Commission considers all comments received about the project in determining the appropriate action to be taken. However, the filing of a comment alone will not serve to make the filer a party to the proceeding. To become a party, you must intervene in the proceeding. For instructions on how to intervene, see below.</P>
                <HD SOURCE="HD2">Interventions</HD>
                <P>
                    Any person, which includes individuals, organizations, businesses, municipalities, and other entities,
                    <SU>7</SU>
                    <FTREF/>
                     has the option to file a motion to intervene in this proceeding. Only intervenors have the right to request rehearing of Commission orders issued in this proceeding and to subsequently challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         18 CFR 385.102(d).
                    </P>
                </FTNT>
                <P>
                    To intervene, you must submit a motion to intervene to the Commission in accordance with Rule 214 of the Commission's Rules of Practice and Procedure 
                    <SU>8</SU>
                    <FTREF/>
                     and the regulations under the NGA 
                    <SU>9</SU>
                    <FTREF/>
                     by the intervention deadline for the project, which is April 2, 2025. As described further in Rule 214, your motion to intervene must state, to the extent known, your position regarding the proceeding, as well as your interest in the proceeding. For an individual, this could include your status as a landowner, ratepayer, resident of an impacted community, or recreationist. You do not need to have property directly impacted by the project in order to intervene. For more information about motions to intervene, refer to the FERC website at 
                    <E T="03">https://www.ferc.gov/resources/guides/how-to/intervene.asp.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         18 CFR 385.214.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         18 CFR 157.10.
                    </P>
                </FTNT>
                <P>There are two ways to submit your motion to intervene. In both instances, please reference the Project docket number CP25-95-000 in your submission.</P>
                <P>
                    (1) You may file your motion to intervene by using the Commission's eFiling feature, which is located on the Commission's website (
                    <E T="03">www.ferc.gov</E>
                    ) under the link to Documents and Filings. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making; first select “General” and then select “Intervention.” The eFiling feature includes a document-less intervention option; for more information, visit 
                    <E T="03">https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf.;</E>
                     or
                </P>
                <P>(2) You can file a paper copy of your motion to intervene, along with three copies, by mailing the documents to the address below. Your motion to intervene must reference the Project docket number CP25-95-000.</P>
                <P>
                    <E T="03">To file via USPS:</E>
                     Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.
                </P>
                <P>
                    <E T="03">To file via any other courier:</E>
                     Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
                </P>
                <P>
                    The Commission encourages electronic filing of motions to intervene (option 1 above) and has eFiling staff available to assist you at (202) 502-8258 or 
                    <E T="03">FercOnlineSupport@ferc.gov.</E>
                </P>
                <P>
                    Protests and motions to intervene must be served on the applicant either by mail at: Drew Cutright, Vice President, Regulatory Affairs, Tallgrass Energy, LP, 370 Van Gordon Street, Lakewood, CO 80228, or by email at 
                    <E T="03">Drew.Cutright@tallgrass.com.</E>
                     Any subsequent submissions by an 
                    <PRTPAGE P="12729"/>
                    intervenor must be served on the applicant and all other parties to the proceeding. Contact information for parties can be downloaded from the service list at the eService link on FERC Online. Service can be via email with a link to the document.
                </P>
                <P>
                    All timely, unopposed 
                    <SU>10</SU>
                    <FTREF/>
                     motions to intervene are automatically granted by operation of Rule 214(c)(1).
                    <SU>11</SU>
                    <FTREF/>
                     Motions to intervene that are filed after the intervention deadline are untimely, and may be denied. Any late-filed motion to intervene must show good cause for being late and must explain why the time limitation should be waived and provide justification by reference to factors set forth in Rule 214(d) of the Commission's Rules and Regulations.
                    <SU>12</SU>
                    <FTREF/>
                     A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies (paper or electronic) of all documents filed by the applicant and by all other parties.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         The applicant has 15 days from the submittal of a motion to intervene to file a written objection to the intervention.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         18 CFR 385.214(c)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         18 CFR 385.214(b)(3) and (d).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Tracking the Proceeding</HD>
                <P>
                    Throughout the proceeding, additional information about the project will be available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC website at 
                    <E T="03">www.ferc.gov</E>
                     using the “eLibrary” link as described above. The eLibrary link also provides access to the texts of all formal documents issued by the Commission, such as orders, notices, and rulemakings.
                </P>
                <P>
                    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. For more information and to register, go to 
                    <E T="03">www.ferc.gov/docs-filing/esubscription.asp.</E>
                </P>
                <P>
                    <E T="03">Intervention Deadline:</E>
                     5:00 p.m. Eastern Time on April 2, 2025.
                </P>
                <SIG>
                    <DATED>Dated: March 12, 2025.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04477 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Docket No. CP25-94-000]</DEPDOC>
                <SUBJECT>Rockies Express Pipeline LLC; Notice of Application and Establishing Intervention Deadline</SUBJECT>
                <P>Take notice that on February 28, 2025, Rockies Express Pipeline LLC (REX), 11550 Ash Street, Suite 220, Leawood, Kansas 66211, filed an application under section 7(c) of the Natural Gas Act (NGA), and parts 157 and 284 of the Commission's regulations requesting authorization for its Decatur Lateral Project (Project). The Project consists of the construction of approximately 15.9 mile 20-inch-diameter natural gas pipeline lateral, an approximately 0.8 mile 20-inch-diameter natural gas pipeline (ADM Spur), and associated metering and appurtenant facilities. The Project will allow REX to provide up to 181,400 dekatherms per day of firm natural gas transportation service to two new delivery points in Macon County, Illinois. REX proposes to use its existing Rate Schedule FTS and ITS Zone 3 rates for service on the Project and estimates the total cost of the Project to be $86,870,265, all as more fully set forth in the application which is on file with the Commission and open for public inspection.</P>
                <P>
                    In addition to publishing the full text of this document in the 
                    <E T="04">Federal Register</E>
                    , the Commission provides all interested persons an opportunity to view and/or print the contents of this document via the internet through the Commission's Home Page (
                    <E T="03">https://www.ferc.gov</E>
                    ). From the Commission's Home Page on the internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and/or downloading. To access this document in eLibrary, type the docket number excluding the last three digits of this document in the docket number field.
                </P>
                <P>
                    User assistance is available for eLibrary and the Commission's website during normal business hours from FERC Online Support at (202) 502-6652 (toll free at 1-866-208-3676) or email at 
                    <E T="03">ferconlinesupport@ferc.gov,</E>
                     or the Public Reference Room at (202) 502-8371, TTY (202) 502-8659. Email the Public Reference Room at 
                    <E T="03">public.referenceroom@ferc.gov.</E>
                </P>
                <P>
                    Any questions regarding the proposed project should be directed to Eryn Pullin, Manager, Regulatory Affairs, Tallgrass Energy, LP, 9 Greenway Plaza, Suite 1100, Houston, TX 77046, by phone at (713) 997-3932 or by email at 
                    <E T="03">eryn.pullin@tallgrass.com.</E>
                </P>
                <P>
                    Pursuant to section 157.9 of the Commission's Rules of Practice and Procedure,
                    <SU>1</SU>
                    <FTREF/>
                     within 90 days of this Notice the Commission staff will either: complete its environmental review 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 environmental assessment (EA) for this proposal. The filing of an 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.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         18 CFR 157.9.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Public Participation</HD>
                <P>There are three ways to become involved in the Commission's review of this project: you can file comments on the project, you can protest the filing, and you can file a motion to intervene in the proceeding. There is no fee or cost for filing comments or intervening. The deadline for filing a motion to intervene is 5:00 p.m. Eastern Time April 2, 2025. How to file protests, motions to intervene, and comments is explained below.</P>
                <P>
                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, community organizations, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or 
                    <E T="03">OPP@ferc.gov.</E>
                </P>
                <HD SOURCE="HD2">Comments</HD>
                <P>
                    Any person wishing to comment on the project may do so. Comments may include statements of support or objections, to the project as a whole or specific aspects of the project. The more specific your comments, the more useful they will be.
                    <PRTPAGE P="12730"/>
                </P>
                <HD SOURCE="HD2">Protests</HD>
                <P>
                    Pursuant to sections 157.10(a)(4) 
                    <SU>2</SU>
                    <FTREF/>
                     and 385.211 
                    <SU>3</SU>
                    <FTREF/>
                     of the Commission's regulations under the NGA, any person 
                    <SU>4</SU>
                    <FTREF/>
                     may file a protest to the application. Protests must comply with the requirements specified in section 385.2001 
                    <SU>5</SU>
                    <FTREF/>
                     of the Commission's regulations. A protest may also serve as a motion to intervene so long as the protestor states it also seeks to be an intervenor.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         18 CFR 157.10(a)(4).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         18 CFR 385.211.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         Persons include individuals, organizations, businesses, municipalities, and other entities. 18 CFR 385.102(d).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         18 CFR 385.2001.
                    </P>
                </FTNT>
                <P>To ensure that your comments or protests are timely and properly recorded, please submit your comments on or before April 2, 2025.</P>
                <P>There are three methods you can use to submit your comments or protests to the Commission. In all instances, please reference the Project docket number CP25-94-000 in your submission.</P>
                <P>
                    (1) You may file your comments electronically by using the eComment feature, which is located on the Commission's website at 
                    <E T="03">www.ferc.gov</E>
                     under the link to Documents and Filings. Using eComment is an easy method for interested persons to submit brief, text-only comments on a project;
                </P>
                <P>
                    (2) You may file your comments or protests electronically by using the eFiling feature, which is located on the Commission's website (
                    <E T="03">www.ferc.gov</E>
                    ) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making; first select “General” and then select “Comment on a Filing”; or
                </P>
                <P>(3) You can file a paper copy of your comments or protests by mailing them to the following address below. Your written comments must reference the Project docket number (CP25-94-000).</P>
                <P>
                    <E T="03">To file via USPS:</E>
                     Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.
                </P>
                <P>
                    <E T="03">To file via any other courier:</E>
                     Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
                </P>
                <P>
                    The Commission encourages electronic filing of comments (options 1 and 2 above) and has eFiling staff available to assist you at (202) 502-8258 or 
                    <E T="03">FercOnlineSupport@ferc.gov.</E>
                </P>
                <P>Persons who comment on the environmental review of this project will be placed on the Commission's environmental mailing list, and will receive notification when the environmental documents (EA or EIS) are issued for this project and will be notified of meetings associated with the Commission's environmental review process.</P>
                <P>The Commission considers all comments received about the project in determining the appropriate action to be taken. However, the filing of a comment alone will not serve to make the filer a party to the proceeding. To become a party, you must intervene in the proceeding. For instructions on how to intervene, see below.</P>
                <HD SOURCE="HD2">Interventions</HD>
                <P>
                    Any person, which includes individuals, organizations, businesses, municipalities, and other entities,
                    <SU>6</SU>
                    <FTREF/>
                     has the option to file a motion to intervene in this proceeding. Only intervenors have the right to request rehearing of Commission orders issued in this proceeding and to subsequently challenge the Commission's orders in the U.S. Circuit Courts of Appeal.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         18 CFR 385.102(d).
                    </P>
                </FTNT>
                <P>
                    To intervene, you must submit a motion to intervene to the Commission in accordance with Rule 214 of the Commission's Rules of Practice and Procedure 
                    <SU>7</SU>
                    <FTREF/>
                     and the regulations under the NGA 
                    <SU>8</SU>
                    <FTREF/>
                     by the intervention deadline for the project, which is April 2, 2025. As described further in Rule 214, your motion to intervene must state, to the extent known, your position regarding the proceeding, as well as your interest in the proceeding. For an individual, this could include your status as a landowner, ratepayer, resident of an impacted community, or recreationist. You do not need to have property directly impacted by the project in order to intervene. For more information about motions to intervene, refer to the FERC website at 
                    <E T="03">https://www.ferc.gov/resources/guides/how-to/intervene.asp.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         18 CFR 385.214.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         18 CFR 157.10.
                    </P>
                </FTNT>
                <P>There are two ways to submit your motion to intervene. In both instances, please reference the Project docket number CP25-94-000 in your submission.</P>
                <P>
                    (1) You may file your motion to intervene by using the Commission's eFiling feature, which is located on the Commission's website (
                    <E T="03">www.ferc.gov</E>
                    ) under the link to Documents and Filings. New eFiling users must first create an account by clicking on “eRegister.” You will be asked to select the type of filing you are making; first select “General” and then select “Intervention.” The eFiling feature includes a document-less intervention option; for more information, visit 
                    <E T="03">https://www.ferc.gov/docs-filing/efiling/document-less-intervention.pdf.;</E>
                     or
                </P>
                <P>(2) You can file a paper copy of your motion to intervene, along with three copies, by mailing the documents to the address below. Your motion to intervene must reference the Project docket number CP25-94-000.</P>
                <P>
                    <E T="03">To file via USPS:</E>
                     Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.
                </P>
                <P>
                    <E T="03">To file via any other courier:</E>
                     Debbie-Anne A. Reese, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852.
                </P>
                <P>
                    The Commission encourages electronic filing of motions to intervene (option 1 above) and has eFiling staff available to assist you at (202) 502-8258 or 
                    <E T="03">FercOnlineSupport@ferc.gov.</E>
                </P>
                <P>
                    Protests and motions to intervene must be served on the applicant either by mail at: Eryn Pullin, Manager, Regulatory Affairs, Tallgrass Energy, LP, 9 Greenway Plaza, Suite 1100, Houston, TX 77046, or by email at 
                    <E T="03">eryn.pullin@tallgrass.com.</E>
                     Any subsequent submissions by an intervenor must be served on the applicant and all other parties to the proceeding. Contact information for parties can be downloaded from the service list at the eService link on FERC Online. Service can be via email with a link to the document.
                </P>
                <P>
                    All timely, unopposed 
                    <SU>9</SU>
                    <FTREF/>
                     motions to intervene are automatically granted by operation of Rule 214(c)(1).
                    <SU>10</SU>
                    <FTREF/>
                     Motions to intervene that are filed after the intervention deadline are untimely, and may be denied. Any late-filed motion to intervene must show good cause for being late and must explain why the time limitation should be waived and provide justification by reference to factors set forth in Rule 214(d) of the Commission's Rules and Regulations.
                    <SU>11</SU>
                    <FTREF/>
                     A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies (paper or electronic) of all documents filed by the applicant and by all other parties.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         The applicant has 15 days from the submittal of a motion to intervene to file a written objection to the intervention.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         18 CFR 385.214(c)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         18 CFR 385.214(b)(3) and (d).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Tracking the Proceeding</HD>
                <P>
                    Throughout the proceeding, additional information about the project 
                    <PRTPAGE P="12731"/>
                    will be available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC website at 
                    <E T="03">www.ferc.gov</E>
                     using the “eLibrary” link as described above. The eLibrary link also provides access to the texts of all formal documents issued by the Commission, such as orders, notices, and rulemakings.
                </P>
                <P>
                    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. For more information and to register, go to 
                    <E T="03">www.ferc.gov/docs-filing/esubscription.asp.</E>
                </P>
                <P>
                    <E T="03">Intervention Deadline:</E>
                     5:00 p.m. Eastern Time on April 2, 2025.
                </P>
                <SIG>
                    <DATED>Dated: March 12, 2025.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04478 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Project No. P-2509-051]</DEPDOC>
                <SUBJECT>PE Hydro Generation, LLC; Notice of Reasonable Period of Time for Water Quality Certification Application</SUBJECT>
                <P>
                    On February 28, 2025, PE Hydro Generation, LLC (PE Hydro) submitted to the Federal Energy Regulatory Commission (Commission) documentation from Virginia Department of Environmental Quality (Virginia DEQ) that it received PE Hydro's request for a Clean Water Act section 401(a)(1) water quality certification as required by 40 CFR 121.5, for the above captioned project on December 17, 2024. Pursuant to section 4.34(b)(5), 5.23(b), 153.4, or 157.22 of the Commission's regulations,
                    <SU>1</SU>
                    <FTREF/>
                     we hereby notify Virginia DEQ of the following:
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         18 CFR 4.34(b)(5), 5.23(b), 153.4, and 157.22.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Date of Receipt of the Certification Request:</E>
                     December 17, 2024.
                </P>
                <P>
                    <E T="03">Reasonable Period of Time to Act on the Certification Request:</E>
                     One year, December 17, 2025.
                </P>
                <P>If Virginia DEQ fails or refuses to act on the water quality certification request on or before the above date, then the certifying authority is deemed waived pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).</P>
                <SIG>
                    <DATED>Dated: March 12, 2025.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04485 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Project No. P-2425-057]</DEPDOC>
                <SUBJECT>PE Hydro Generation, LLC; Notice of Reasonable Period of Time for Water Quality Certification Application</SUBJECT>
                <P>
                    On February 28, 2025, PE Hydro Generation, LLC (PE Hydro) submitted to the Federal Energy Regulatory Commission (Commission) documentation from Virginia Department of Environmental Quality (Virginia DEQ) that it received PE Hydro's request for a Clean Water Act section 401(a)(1) water quality certification as required by 40 CFR 121.5, for the above captioned project on December 17, 2024. Pursuant to section [4.34(b)(5), 5.23(b), 153.4, or 157.22] of the Commission's regulations,
                    <SU>1</SU>
                    <FTREF/>
                     we hereby notify Virginia DEQ of the following:
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         18 CFR [4.34(b)(5)/5.23(b)/153.4/157.22].
                    </P>
                </FTNT>
                <P>
                    <E T="03">Date of Receipt of the Certification Request:</E>
                     December 17, 2024.
                </P>
                <P>
                    <E T="03">Reasonable Period of Time to Act on the Certification Request:</E>
                     One year, December 17, 2025.
                </P>
                <P>If Virginia DEQ fails or refuses to act on the water quality certification request on or before the above date, then the certifying authority is deemed waived pursuant to section 401(A)(1) of the Clean Water Act, 33 U.S.C. 1341(A)(1).</P>
                <SIG>
                    <DATED>Dated: March 12, 2025.</DATED>
                    <NAME>Debbie-Anne A. Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04486 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Project No. 7887-019]</DEPDOC>
                <SUBJECT>Ashuelot River Hydro, Inc.; Notice of Technical Conference</SUBJECT>
                <P>On Thursday, March 27, 2025, Commission staff will hold a technical conference to provide clarification to Ashuelot River Hydro, Inc. (Ashuelot) regarding Commission staff's additional information request (AIR) issued on November 6, 2024, for the Minnewawa Hydroelectric Project No. 7887.</P>
                <P>The conference will be held via teleconference beginning at 10:30 a.m. Eastern Daylight Time. Discussion topics for the technical conference include: (1) the information provided in Ashuelot's June 28, 2024 license application and January 16, 2025 partial response to Commission staff's November 6, 2024 AIR; and (2) additional data and analysis necessary to address dam safety and stability AIRs (AIR 1 through 6).</P>
                <P>
                    All local, state, and federal agencies, Indian Tribes, and other interested parties are invited to participate. There will be no transcript of the conference, but a summary of the meeting will be prepared for the project record. If you are interested in participating in the meeting you must contact Justin R. Robbins at (202) 502-8308 or 
                    <E T="03">justin.robbins@ferc.gov</E>
                     by March 24, 2025 to receive specific instructions on how to participate.
                </P>
                <SIG>
                    <DATED>Dated: March 12, 2025.</DATED>
                    <NAME>Debbie-Anne Reese,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04482 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
                <DEPDOC>[OMB 3060-0999; FR ID 285459]</DEPDOC>
                <SUBJECT>Information Collection Being Submitted for Review and Approval to Office of Management and Budget</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Communications Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>As part of its continuing effort to reduce paperwork burdens, as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal Agencies to take this opportunity to comment on the following information collection. Pursuant to the Small Business Paperwork Relief Act of 2002, the FCC seeks specific comment on how it might “further reduce the information collection burden for small business concerns with fewer than 25 employees.”</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written comments and recommendations for the proposed information collection should be submitted on or before April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Comments should be sent to 
                        <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                          
                        <PRTPAGE P="12732"/>
                        Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function. Your comment must be submitted into 
                        <E T="03">www.reginfo.gov</E>
                         per the above instructions for it to be considered. In addition to submitting in 
                        <E T="03">www.reginfo.gov</E>
                         also send a copy of your comment on the proposed information collection to Cathy Williams, FCC, via email to 
                        <E T="03">PRA@fcc.gov</E>
                         and to 
                        <E T="03">Cathy.Williams@fcc.gov.</E>
                         Include in the comments the OMB control number as shown in the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         below.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For additional information or copies of the information collection, contact Cathy Williams at (202) 418-2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) go to the web page 
                        <E T="03">http://www.reginfo.gov/public/do/PRAMain,</E>
                         (2) look for the section of the web page called “Currently Under Review,” (3) click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading, (4) select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box, (5) click the “Submit” button to the right of the “Select Agency” box, (6) when the list of FCC ICRs currently under review appears, look for the Title of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Commission may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.</P>
                <P>As part of its continuing effort to reduce paperwork burdens, as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the FCC invited the general public and other Federal Agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's burden estimates; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology. Pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the FCC seeks specific comment on how it might “further reduce the information collection burden for small business concerns with fewer than 25 employees.”</P>
                <P>
                    <E T="03">OMB Control No.:</E>
                     3060-0999.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Hearing Loss Compatible Wireless Handsets Section 20.19 and Hearing Aid Compatibility Act.
                </P>
                <P>
                    <E T="03">Form Numbers:</E>
                     FCC Form 655 and FCC Form 855.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Revision to the currently approved collection.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     Business or other for-profit entities.
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     934 respondents; 934 responses.
                </P>
                <P>
                    <E T="03">Estimated Time per Response:</E>
                     13.92 hours per response (average).
                </P>
                <P>
                    <E T="03">Frequency of Response:</E>
                     On occasion and annual reporting requirements, recordkeeping requirements, and third-party disclosure requirements.
                </P>
                <P>
                    <E T="03">Obligation to Respond:</E>
                     Required to obtain or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 151, 154(i), 157, 160, 201, 202, 214, 301, 303, 308, 309(j), 310 and 610 of the Communications Act of 1934, as amended.
                </P>
                <P>
                    <E T="03">Total Annual Burden:</E>
                     12,998 hours.
                </P>
                <P>
                    <E T="03">Total Annual Cost:</E>
                     No cost.
                </P>
                <P>
                    <E T="03">Needs and Uses:</E>
                     The Commission is requesting that the Office of Management and Budget (OMB) approve a revision to the Commission's currently approved information collection for OMB Control No. 3060-0999. This information collection relates to the Commission's Hearing Loss Compatible Wireless Handsets rules at section 20.19 of the Commission's rules. This revision is necessary to implement the final rules that the Commission adopted on October 17, 2024, in a Report and Order, WT Docket No. 23-388, FCC 24-112, that the Commission released on October 18, 2024. This Report and Order revised the heading of section 20.19 of the Commission's rules from “Hearing aid-compatible mobile handsets” to “Hearing loss compatible wireless handsets.” In addition, the revisions that the Commission adopted to section 20.19(b)(3)(iii), (f), (h), and (i)(4)-(5) constitute new or modified information collections subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. These rules will become effective following OMB's completion of its review of these revised rules. Once OMB completes its review of these revisions, the Commission will publish a document in the 
                    <E T="04">Federal Register</E>
                     announcing the effective date of section 20.19(b)(3)(iii), (f), (h), and (i)(4)-(5).
                </P>
                <P>The final rules that the Commission adopted require all wireless handset models to be hearing aid compatible. These revised rules ensure that consumers with hearing loss will have equal access to the same handset models as consumers without hearing loss. In order to ensure compliance with this 100% hearing aid compatibility requirement, the Commission adopted revised labeling, website posting, and certification requirements along with removing outdated and unnecessary information collection requirements. The removal of these outdated information collection requirements significantly reduces regulatory burden and cost for handset manufacturers and service providers.</P>
                <P>The revised hearing aid compatibility rules include a requirement that a certain number of handset models that handset manufacturers and service providers offer for sale or use in the United States meet Bluetooth coupling requirements. This Bluetooth coupling requirement will benefit consumers by ensuring more universal connectivity between handset models and hearing aids, including over-the-counter hearing aids, and reduces the issue of certain handset models only being able to pair with certain hearing aids. In order to ensure compliance with this new Bluetooth coupling requirement, the Commission adopted a requirement that handset manufacturers submit a sworn declaration attesting to the handset model's compliance with these new Bluetooth coupling requirements. This certification requirement is contained in section 20.19(b)(3)(iii) and requires handset manufacturers to provide: (1) the specific Bluetooth coupling standard included in each handset model; (2) that the relevant handset model has been tested to ensure compliance with the designated Bluetooth coupling standard; and (3) after the transition to a non-proprietary Bluetooth requirement, that the included Bluetooth coupling technology is consistent with the Bluetooth functionality requirements. The Commission adopted this attestation requirement based on the recommendation of handset manufacturers who stated that adopting an attestation requirement is consistent with the Commission's equipment certification process.</P>
                <P>
                    In the Report and Order, the Commission revised its external printed package labeling requirements for handset models as well as requirements 
                    <PRTPAGE P="12733"/>
                    related to what information must be included within a handset model's packaging either in the form of a printed insert or a printed handset manual. The Commission is requiring that a handset model's external printed package label indicate whether the handset model includes Bluetooth coupling capabilities or telecoil coupling capabilities or both, and in the case of Bluetooth coupling which Bluetooth technology the handset model incorporates. The Commission is also requiring handset manufacturers and service providers to include information on the hearing aid compatibility settings of handset models and how consumers can turn these settings on and off. As part of these revisions, the Commission eliminated outdated labeling requirements which were no longer necessary and that might cause consumer confusion if retained. By eliminating these outdated requirements, the Commission reduced regulatory burden and cost to handset manufacturers and service providers. The revised labeling requirements are in section 20.19(f)(1) and (2) of the Commission's rules and these revised requirements ensure that consumers have the information that they need to make informed handset model purchasing decisions.
                </P>
                <P>In addition to these revised labeling rules, the Commission determined to allow handset manufacturers and service providers to use digital labeling technology as an alternative to including a printed insert or printed handset manual in a handset model's packaging. Handset manufacturers and service providers choosing this option must maintain publicly accessible websites where consumers can find the required hearing aid compatibility information, and they must provide consumers with a Quick-Response (QR) code and the related website address where the required hearing aid compatibility information can be found. The Commission decided to allow the use of digital labeling technology at the request of handset manufacturers and service providers who argued that the use of digital labeling would reduce regulatory burden and cost for them. The use of digital labeling will also ensure that consumers have access to the most up-to-date handset model information. The Commission's new digital labeling rules are at section 20.19(f)(3) of the Commission's rules.</P>
                <P>Along these same lines, the Commission revised its website posting requirements that apply to handset manufacturers and service providers who maintain publicly accessible websites. These companies must indicate on their publicly accessible websites which handset models that they offer for sale or use in the United States meet telecoil certification requirements and which meet Bluetooth coupling requirements. In addition, these companies must list a handset model's conversational gain if the handset model was certified as hearing aid-compatible using a standard that includes volume control requirements. The Commission also adopted point-of-contact requirements that require handset manufacturers and service providers to list contact information that consumers can use to ask knowledgeable company employees compatibility questions that they might have concerning the handset models that these companies offer for sale or use in the United States. Part of these revisions also included eliminating out-of-date website posting and record retention requirements that no longer served a useful purpose. The elimination of these outdated information collection requirements reduce regulatory burden and cost for handset manufacturers and service providers. The revised website posting requirements are at section 20.19(h) of the Commission's rules.</P>
                <P>Finally, the Commission revised its annual certification requirements for handset manufacturers and service providers. After the 100% hearing aid compatibility transition period ends for handset manufacturers, these companies will no longer file FCC Form 655. Instead, handset manufacturers will start filing FCC Form 855 and service providers will continue to file this form. FCC Form 855 is a streamlined certification form that does not require the detail handset model information that FCC Form 655 collects. This change will significantly reduce regulatory burden and cost for handset manufacturers. In addition, the Commission is updating FCC Form 855 to ensure it collects only relevant information consistent with the Commission's 100% hearing aid compatibility requirement. These updates include removing outdated questions and streamlining the information that the form collects. The revised annual certification requirements are at section 20.19 (i)(4) and (5) of the Commission's rules.</P>
                <SIG>
                    <FP>Federal Communications Commission.</FP>
                    <NAME>Marlene Dortch,</NAME>
                    <TITLE>Secretary, Office of the Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04645 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6712-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N"> FEDERAL MARITIME COMMISSION</AGENCY>
                <SUBJECT>Notice of Agreements Filed</SUBJECT>
                <P>
                    The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments, relevant information, or documents regarding the agreement to the Secretary by email at 
                    <E T="03">Secretary@fmc.gov,</E>
                     or by mail, Federal Maritime Commission, 800 North Capitol Street Washington, DC 20573. Comments will be most helpful to the Commission if received within 12 days of the date this notice appears in the 
                    <E T="04">Federal Register</E>
                    , and the Commission requests that comments be submitted within 7 days on agreements that request expedited review. Copies of the agreement are available through the Commission's website (
                    <E T="03">www.fmc.gov</E>
                    ) or by contacting the Office of Agreements at (202)-523-5793 or 
                    <E T="03">tradeanalysis@fmc.gov.</E>
                </P>
                <P>
                    <E T="03">Agreement No.:</E>
                     011931-012.
                </P>
                <P>
                    <E T="03">Agreement Name:</E>
                     CMA CGM/Marfret Vessel Sharing Agreement for PAD Service.
                </P>
                <P>
                    <E T="03">Parties:</E>
                     CMA CGM S.A.; Maritime Marfret S.A.S.
                </P>
                <P>
                    <E T="03">Filing Party:</E>
                     Draughn Arbona; CMA CGM (America) LLC.
                </P>
                <P>
                    <E T="03">Synopsis:</E>
                     The Amendment expands the agreement's geographic scope to include Colombia and revises the agreed reefer slot allocation.
                </P>
                <P>
                    <E T="03">Proposed Effective Date:</E>
                     4/21/2025.
                </P>
                <P>
                    <E T="03">Location: https://www2.fmc.gov/FMC.Agreements.Web/Public/AgreementHistory/512.</E>
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Alanna Beck,</NAME>
                    <TITLE>Federal Register Alternate Liaison Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04561 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6730-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL RESERVE SYSTEM</AGENCY>
                <SUBJECT>Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company</SUBJECT>
                <P>The notificants listed below have applied under the Change in Bank Control Act (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 applications are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).</P>
                <P>
                    The public portions of the applications listed below, as well as other related filings required by the Board, if any, are available for immediate inspection at the Federal Reserve Bank(s) indicated below and at 
                    <PRTPAGE P="12734"/>
                    the offices of the Board of Governors. This information may also be obtained on an expedited basis, upon request, by contacting the appropriate Federal Reserve Bank and from the Board's Freedom of Information Office at 
                    <E T="03">https://www.federalreserve.gov/foia/request.htm.</E>
                     Interested persons may express their views in writing on the standards enumerated in paragraph 7 of the Act.
                </P>
                <P>Comments received are subject to public disclosure. In general, comments received will be made available without change and will not be modified to remove personal or business information including confidential, contact, or other identifying information. Comments should not include any information such as confidential information that would not be appropriate for public disclosure.</P>
                <P>Comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors, Ann E. Misback, Secretary of the Board, 20th Street and Constitution Avenue NW, Washington, DC 20551-0001, not later than April 3, 2025.</P>
                <P>
                    <E T="03">A. Federal Reserve Bank of New York</E>
                     (Bank Applications Officer) 33 Liberty Street, New York, New York 10045-0001. Comments can also be sent electronically to 
                    <E T="03">Comments.applications@ny.frb.org:</E>
                </P>
                <P>
                    1. 
                    <E T="03">Dahlia D'Angelo, Sarasota, Florida; George Fred D'Angelo, Jr., Jake D'Angelo, Derek D'Angelo and Kerry Elizabeth D'Angelo, all of Old Greenwich, Connecticut;</E>
                     to become members of the D'Angelo Family Group, a group acting in concert, to retain voting shares of First Greenwich Financial, Inc. (FGFI), and thereby indirectly retain voting shares of First Bank of Greenwich, both of Cos Cob, Connecticut.
                </P>
                <P>
                    In addition, 
                    <E T="03">The D'Angelo Family Trust, Naples, Florida, Dahlia D'Angelo and George Fred D'Angelo, Jr., as co-trustees;</E>
                     to join the D'Angelo Family Group, to acquire voting shares of FGFI, and thereby indirectly acquire voting shares of First Bank of Greenwich.
                </P>
                <P>
                    <E T="03">B. Federal Reserve Bank of Kansas City</E>
                     (Jeffrey Imgarten, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001. Comments can also be sent electronically to 
                    <E T="03">KCApplicationComments@kc.frb.org:</E>
                </P>
                <P>
                    1. 
                    <E T="03">The Kincaid Trust dated January 16, 2024, Jeff Kincaid and Pamela Kincaid, as co-trustees, all of Lenexa, Kansas;</E>
                     to join the Kincaid Family Group, a group acting in concert, to acquire voting shares of Northeast Kansas Bancshares, Inc., and thereby indirectly acquire voting shares of Kendall Bank, both of Overland Park, Kansas; as well as, Orrick Financial Corporation and TBO Bank, both of Orrick, Missouri.
                </P>
                <SIG>
                    <P>Board of Governors of the Federal Reserve System.</P>
                    <NAME>Erin Cayce,</NAME>
                    <TITLE>Assistant Secretary of the Board.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04587 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Office of the Secretary</SUBAGY>
                <SUBJECT>Findings of Research Misconduct</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Secretary, Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Findings of research misconduct have been made against Liping Zhang, Ph.D. (Respondent), former Assistant Professor in the Department of Medicine, Section of Nephrology, Baylor College of Medicine. Respondent engaged in research misconduct in research supported by U.S. Public Health Service (PHS) funds, specifically National Institute of Diabetes and Digestive and Kidney Diseases (NIDDK), National Institutes of Health (NIH), grants R37 DK037175 and P30 DK079638 and National Cancer Institute (NCI), NIH, grant P30 CA016672. Administrative actions, including debarment for a period of two (2) years, were implemented and are detailed below.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sheila R. Garrity, JD, MPH, MBA, Director, Office of Research Integrity, 1101 Wootton Parkway, Suite 240, Rockville, MD 20852, (240) 453-8200.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Notice is hereby given that the Office of Research Integrity (ORI) and the Suspension and Debarment Official (SDO) have taken final action in the following case:</P>
                <P>
                    <E T="03">Liping Zhang, Ph.D., Baylor College of Medicine (BCM):</E>
                     Based on evidence from an investigation conducted by BCM, ORI's oversight review of BCM's investigation, and additional evidence obtained and analysis conducted by ORI during its oversight review, ORI found that Dr. Liping Zhang, former Assistant Professor in the Department of Medicine, Section of Nephrology, BCM, engaged in research misconduct under 42 CFR part 93 in research supported by PHS funds, specifically NIDDK, NIH, grants R37 DK037175 and P30 DK079638 and NCI, NIH, grant P30 CA016672.
                </P>
                <P>ORI found by a preponderance of the evidence that Respondent intentionally and knowingly falsified and/or fabricated western blot images and microscopy images by manipulating the images, using unrelated images, or reusing and relabeling the same images to represent falsely different experimental results in three (3) PHS-supported unpublished manuscripts submitted for publication and four (4) grant applications submitted for PHS funds. ORI found that these acts constitute a significant departure from accepted practices of the relevant research community.</P>
                <P> The affected manuscripts and grant applications are:</P>
                <P>
                    • Nucleolar protein 66 functions as a novel negative regulator of satellite cells. Original manuscript submitted to 
                    <E T="03">EMBO Reports</E>
                     in October 2017 (hereafter referred to as “
                    <E T="03">EMBO Rep.</E>
                     First Submission”).
                </P>
                <P>
                    • Nucleolar protein 66 functions as a novel negative regulator of satellite cells. Second submission to 
                    <E T="03">EMBO Reports</E>
                     in April 2018 (hereafter referred to as “
                    <E T="03">EMBO Rep.</E>
                     Second Submission”).
                </P>
                <P>
                    • NO66, an endogenous mediator of muscle growth, suppresses myogenic genes by forming repressive complex with RBBP4 and HDAC2. Original manuscript submitted to 
                    <E T="03">Cell Reports</E>
                     in July 2015 (hereafter referred to as “
                    <E T="03">Cell Rep.</E>
                     Submission”).
                </P>
                <P>• R01 DK037175-32, “Protein nutrition in experimental uremia,” submitted to NIDDK, NIH, on March 3, 2017, awarded from May 2, 2018-March 31, 2022.</P>
                <P>• R01 AR070845-01A1, “A new pathway to muscle atrophy in chronic kidney disease,” submitted to National Institute of Arthritis and Musculoskeletal and Skin Diseases (NIAMS), NIH, on November 3, 2016, administratively withdrawn by NIAMS on March 1, 2019.</P>
                <P>• R01 AR069533-01A1, “Epigenetic control of skeletal muscle development and aging-related muscle regeneration,” submitted to NIAMS, NIH, on March 1, 2016, administratively withdrawn by NIAMS on November 1, 2018.</P>
                <P>• R01 DK116886-01, “A demethylase-dependent mechanism regulates whitening of brown adipocytes and obesity,” submitted to NIDDK, NIH, on June 2, 2017, administratively withdrawn by NIAMS on November 2, 2019.</P>
                <P>
                    Specifically, ORI found by a preponderance of the evidence that Respondent engaged in research misconduct by intentionally and knowingly falsifying and/or fabricating:
                    <PRTPAGE P="12735"/>
                </P>
                <P>
                    • a western blot image in Figure 1G of 
                    <E T="03">EMBO Rep.</E>
                     Second Submission by manipulating a part of the source image to falsely represent an increase in myosin heavy chain expression in differentiation medium.
                </P>
                <P>
                    • immunofluorescent microscopy images in Figure 2A of 
                    <E T="03">EMBO Rep.</E>
                     First Submission and Figure 4A of NIH grant application R01 AR070845-01A1 by manipulating parts of the source images to falsely represent the absence of NO66 and Pax7 co-expression in Pax7+ cells.
                </P>
                <P>
                    • western blot images in Figure 5A of 
                    <E T="03">EMBO Rep.</E>
                     First Submission, Figure Expanded View (EV) 5C of 
                    <E T="03">EMBO Rep.</E>
                     Second Submission, Figure 8A of NIH grant application R01 DK037175-32, Figure 7A of NIH grant application R01 DK116886-01, and Figure 11A of NIH grant application R01 AR070845-01A1 by manipulating parts of the source images to falsely represent: (1) a lack of expression of retinoblastoma binding protein 4 in the IgG sample, and (2) a positive expression of histone deacetylase 2 in the sample treated with anti-HA antibody.
                </P>
                <P>
                    • Figure 2G of 
                    <E T="03">EMBO Rep.</E>
                     First Submission, Figures 2H, 6E, and 7C of 
                    <E T="03">EMBO Rep.</E>
                     Second Submission, Figure 3G of 
                    <E T="03">Cell Rep.</E>
                     Submission, Figure 3D of NIH grant application R01 AR069533-01A1, and Figure 8C of NIH grant application R01 AR070845-01A1 by reusing and relabeling western blot images to falsely represent both myogenin and GAPDH expression as follows:
                </P>
                <FP SOURCE="FP-1">
                    —An image of bands representing GAPDH expression was reused and relabeled in: Figure 2G (second row) of 
                    <E T="03">EMBO Rep.</E>
                     First Submission, Figure 2H (second row) of 
                    <E T="03">EMBO Rep.</E>
                     Second Submission, Figure 3G (third row) of 
                    <E T="03">Cell Rep.</E>
                     Submission, Figure 3D (second row) of R01 AR069533-01A1, and Figure 8C (second row) of R01 AR070845-01A1 to represent myogenin expression
                </FP>
                <FP SOURCE="FP-1">
                    —An image of bands representing IGF1R expression was reused and relabeled in: Figure 6E (second row) and Figure 7C (second row) of 
                    <E T="03">EMBO Rep.</E>
                     Second Submission to represent GAPDH expression
                </FP>
                <P>
                    • Figure 4A of 
                    <E T="03">EMBO Rep.</E>
                     First Submission, Figure 6A of 
                    <E T="03">EMBO Rep.</E>
                     Second Submission, Figure 5A of 
                    <E T="03">Cell Rep.</E>
                     Submission, Figure 7A of NIH grant application R01 AR069533-01A1, Figure 10A of NIH grant application R01 AR070845-01A1, and Figure 7A of NIH grant application R01 DK037175-32 by reusing and relabeling one western blot image to falsely represent the results of two replicated experiments.
                </P>
                <P>
                    • Figures 4B and 5B of 
                    <E T="03">EMBO Rep.</E>
                     First Submission, Figure 6B of 
                    <E T="03">EMBO Rep.</E>
                     Second Submission, Figure 5C of 
                    <E T="03">Cell Rep.</E>
                     Submission, Figure 7B of NIH grant application R01 DK116886-01, Figures 7B and 8B of NIH grant application R01 DK037175-32, Figures 10B and 11B of NIH grant application R01 AR070845-01A1, and Figure 7B of NIH grant application R01 AR069533-01A1 by reusing and relabeling three sets of bands from the same source western blot images to falsely represent the expression of different proteins as follows:
                </P>
                <FP SOURCE="FP-1">—An image of a band was reused and relabeled in:</FP>
                <P>
                     Figure 5B (second band in first row) of 
                    <E T="03">EMBO Rep.</E>
                     First Submission, Figure 7B (second band in first row) of R01 DK116886-01, Figure 8B (second band in first row) of R01 DK037175-32, and Figure 11B (second band in first row) of R01 AR070845-01A1 to represent GAL4.
                </P>
                <P>
                     Figure 4B (third band in first row) of 
                    <E T="03">EMBO Rep.</E>
                     First Submission, Figure 5C (third band in first row) of 
                    <E T="03">Cell Rep.</E>
                     Submission, Figure 6B (third band in first row) of 
                    <E T="03">EMBO Rep.</E>
                     Second Submission, Figure 7B (third band in first row) of R01 DK037175-32, Figure 10B (third band in first row) of R01 AR070845-01A1, and Figure 7B (third band in first row) of R01 AR069533-01A1 to represent MHC.
                </P>
                <FP SOURCE="FP-1">—An image of another band was reused and relabeled in:</FP>
                <P>
                     Figure 5B (second band in second row) of 
                    <E T="03">EMBO Rep.</E>
                     First Submission, Figure 7B (second band in second row) of R01 DK116886-01, Figure 8B (second band in second row) of R01 DK037175-32, and Figure 11B (second band in second row) of R01 AR070845-01A1 to represent NO66.
                </P>
                <P>
                     Figure 4B (third band in third row) of 
                    <E T="03">EMBO Rep.</E>
                     First Submission, Figure 5C (third band in third row) of 
                    <E T="03">Cell Rep.</E>
                     Submission, Figure 6B (third band in third row) of 
                    <E T="03">EMBO Rep.</E>
                     Second Submission, Figure 7B (third band in third row) of R01 DK037175-32, Figure 10B (third band in third row) of R01 AR070845-01A1, and Figure 7B (third band in second row) of R01 AR069533-01A1 to represent myogenin.
                </P>
                <FP SOURCE="FP-1">—An image of two other bands was reused and relabeled in:</FP>
                <P>
                     Figure 5B (first and second bands in bottom row) of 
                    <E T="03">EMBO Rep.</E>
                     First Submission, Figure 7B (first and second bands in bottom row) of R01 DK116886-01, Figure 8B (first and second bands in bottom row) of R01 DK037175-32, and Figure 11B (first and second bands in bottom row) of R01 AR070845-01A1 to represent H3.
                </P>
                <P>
                     Figure 4B (first and second bands in bottom row) of 
                    <E T="03">EMBO Rep.</E>
                     First Submission, Figure 5C (first and second bands in bottom row) of 
                    <E T="03">Cell Rep.</E>
                     Submission, Figure 6B (first and second bands in bottom row) of 
                    <E T="03">EMBO Rep.</E>
                     Second Submission, Figure 7B (first and second bands in bottom row) of R01 DK037175-32, Figure 10B (first and second bands in bottom row) of R01 AR070845-01A1 to represent GAPDH, and Figure 7B (first and second bands in bottom row) of R01 AR069533-01A1 to represent GAPDH.
                </P>
                <P>On December 6, 2024, based on the information in the administrative record, the HHS SDO proposed a two-year period of debarment under 2 CFR 180.800(d)—“Any other cause that is so serious or compelling in nature that it affects your present responsibility” to protect the Federal Government's interest. HHS provided Respondent the opportunity to contest the proposed debarment under 42 CFR part 93 by requesting a hearing before an administrative law judge with the HHS Departmental Appeals Board or alternatively, in lieu of requesting a hearing, to contest under 2 CFR part 180. Respondent did not contest within the prescribed 30-day notice period. Accordingly, the following administrative actions have been implemented:</P>
                <P>(1) For a period of two (2) years, beginning on January 16, 2025, Respondent is debarred from participating in “covered transactions” as defined in 42 CFR 180.200 and procurement transactions covered under the Federal Acquisition Regulation (48 CFR chapter 1).</P>
                <P>(2) For a period of two (2) years, beginning on January 7, 2025, Respondent is prohibited from serving in any advisory capacity to PHS including, but not limited to, service on any PHS advisory committee, board, and/or peer review committee, or as a consultant.</P>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Sheila R. Garrity,</NAME>
                    <TITLE>Director, Office of Research Integrity, Office of the Assistant Secretary for Health.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04489 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4150-31-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>Center for Scientific Review; Notice of Closed Meetings</SUBJECT>
                <P>
                    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
                    <PRTPAGE P="12736"/>
                    amended, notice is hereby given of the following meetings.
                </P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Special Topics in Biodata Management and Analysis.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 15, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 6:30 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Christopher Ryan Mahone, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Dr., Room 710F, Bethesda, MD 20892, (443) 224-3992, 
                        <E T="03">mahonecr@csr.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Myalgic Encephalomyelitis-Chronic Fatigue Syndrome.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 21, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 3:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Simon Peter Peron, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Dr., Room 1009K, Bethesda, MD 20892, (301) 594-6236, 
                        <E T="03">peronsp@csr.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Fellowships: Infectious Diseases and Immunology C.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 28-29, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 7:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Melinda H Krick, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Dr., Room 808G, Bethesda, MD 20892, (301) 435-1199, 
                        <E T="03">krickmh@csr.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Fellowships: Aging and Neurodegeneration.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 29-30, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:30 a.m. to 7:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Kathryn Partlow, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 1016D, Bethesda, MD 20892, (301) 594-2138, 
                        <E T="03">partlowkc@csr.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Fellowships: Topics in biochemistry and chemical biology.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 1-2, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:30 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Prema Chandrasekhar Iyer, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 480-1821, 
                        <E T="03">prema.iyer@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; PAR Panel: Centers for Precision Disease Modeling (U54).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 6, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 7:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Marie-Jose Belanger, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Rm. 6188, MSC 7804, Bethesda, MD 20892, 301-435-1267, 
                        <E T="03">belangerm@csr.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; RFA-AR-24-007: Heal Initiative—HEAL KIDS.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 7, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:30 a.m. to 1:30 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Stephanie Christine Nagle Emmens, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 594-6604, 
                        <E T="03">nagleemmenssc@csr.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Biology of Aging.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 23, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Beverly Ann Doran, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 480-0597, 
                        <E T="03">beverly.baptiste@nih.gov.</E>
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04496 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Center for Complementary &amp; Integrative Health; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Center for Complementary and Integrative Health Special Emphasis Panel; NCCIH SBIR/STTR Special Emphasis Panel.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 1-2, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Center for Complementary and Integrative Health, Democracy II, 6707 Democracy Blvd., Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Jessica M McKlveen, Ph.D., Scientific Review Officer, Office of Scientific Review, Division of Extramural Activities, NCCIH, NIH, 6707 Democracy Boulevard, Suite 401, Bethesda, MD 20892, 
                        <E T="03">jessica.mcklveen@nih.gov.</E>
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.213, Research and Training in Complementary and Alternative Medicine, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <PRTPAGE P="12737"/>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04495 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>Center for Scientific Review; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Biobehavioral Mechanisms of Health.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 10, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 11:00 a.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Brittany L Mason-Mah, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 1000A, Bethesda, MD 20892, (301) 594-3163 
                        <E T="03">masonmahbl@mail.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; RFA-NS-24-021: HEAL Initiative—Understanding Individual Differences in Human Pain Conditions.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 16, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 3:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Lindsey Lee Page, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, 301-480-5712, 
                        <E T="03">lindsey.page@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Collaborative Applications: Clinical Studies of Mental Illness.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 18, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         6:00 p.m. to 7:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Benjamin G Shapero, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3182, MSC 7848, Bethesda, MD 20892, (301) 402-4786, 
                        <E T="03">shaperobg@mail.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Biobehavioral and Behavioral Processes Integrated Review Group; Language and Communication Study Section.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 22-24, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Natalie S Dailey, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 827-4451 
                        <E T="03">daileyns@csr.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Clinical Care and Health Interventions.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 24, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:30 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Cristina Lyn Reitz-Krueger, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 480-2060, 
                        <E T="03">cristina.reitz-krueger@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Member Conflict: Bioengineering, Surgery, Anesthesiology, and Trauma.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 30, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 3:30 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Willard Wilson, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20817, 301-867-5309, 
                        <E T="03">willard.wilson@nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; PAR Panel: Topics in Neurodegeneration and Brain Injury.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 1-2, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Simonetta Camandola Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, 301-480-3810, 
                        <E T="03">sc288m@nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Special Topics: Pathophysiology of Eye Disease.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 1, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 3:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Barbara S. Mallon, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 480-8992, 
                        <E T="03">mallonb@mail.nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Special Topics in Brain and Neural Injury.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 6, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 7:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Sulagna Banerjee, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (612) 309-2479, 
                        <E T="03">sulagna.banerjee@nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Member Conflict: Eye Diseases.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 12, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 4:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address</E>
                        : National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Lai Yee Leung, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 1011D, Bethesda, MD 20892, (301) 827-8106, 
                        <E T="03">leungl2@csr.nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>David W. Freeman,</NAME>
                    <TITLE>Supervisory Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04622 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12738"/>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Mental Health; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Mental Health Special Emphasis Panel; Non-Pharmacological Clinical Trials.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 21, 2025 &amp; April 30, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         April 21, 2025, 12:00 p.m. to 4:00 p.m.; April 30, 2025, 1:00 p.m. to 2:30 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Serena Chu, Ph.D., Scientific Review Officer, Division of Extramural Activities, National Institute of Mental Health, National Institutes of Health, Neuroscience Center, 6001 Executive Blvd, Bethesda, MD 20852, 301-500-5829, email: 
                        <E T="03">serena.chu@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program No. 93.242, Mental Health Research Grants, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Bruce A. George,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04603 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Mental Health; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Mental Health Special Emphasis Panel; BRAIN Initiative: Research on the Ethical Implications of Advancements in Neurotechnology and Brain Science (R01 &amp; R21).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 2, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 4:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Evon Abisaid, Ph.D., Scientific Review Officer, Division of Extramural Activities, National Institute of Mental Health, National Institutes of Health, 6001 Executive Blvd, Rockville, MD 20852, (301) 827-0399, 
                        <E T="03">ereifejes@mail.nih.gov.</E>
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program No. 93.242, Mental Health Research Grants, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Bruce A. George, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04590 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Cancer Institute; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Cancer Institute Special Emphasis Panel; Innovative Technologies for Cancer Research.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 10-11, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 3:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Cancer Institute at Shady Grove, 9609 Medical Center Drive, Room 7W114, Rockville, Maryland 20850.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Jeffrey E. DeClue, Ph.D., Scientific Review Officer, Research Technology and Contract Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W114, Rockville, Maryland 20850, 240-276-6371, 
                        <E T="03">decluej@mail.nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04499 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>Center for Scientific Review; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Biobehavioral and Behavioral Processes Integrated Review Group; Addiction Risks and Mechanisms Study Section.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 7-8, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Kristen Prentice, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3112, 
                        <PRTPAGE P="12739"/>
                        MSC 7808, Bethesda, MD 20892, (301) 496-0726, 
                        <E T="03">prenticekj@mail.nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Topics in Neurobehavior, Neuropsychology and Neurodevelopment.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 29-30, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:30 a.m. to 7:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Sulagna Banerjee, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (612) 309-2479, 
                        <E T="03">sulagna.banerjee@nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Fellowships: Epidemiology and Population Sciences.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 30-May 1, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Rebecca I. Tinker, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20817, (301) 435-0637, 
                        <E T="03">tinkerri@csr.nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>David W. Freeman,</NAME>
                    <TITLE>Supervisory Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04598 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Center for Complementary &amp; Integrative Health; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Center for Complementary and Integrative Health Special Emphasis Panel; Investigator Initiated Clinical Trials of Complementary and Integrative Interventions Delivered Remotely or via mHealth (R01 Clinical Trial Required).
                    </P>
                    <P>
                        <E T="03">Dates:</E>
                          
                        <E T="03">April 11th, 2025—Time:</E>
                         10:00 a.m. to 5:00 p.m.; 
                        <E T="03">April 14th, 2025—Time:</E>
                         11 a.m. to 4:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Video Assisted Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Center for Complementary and Integrative, 6707 Democracy Blvd., Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Video Assisted Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Marta V. Hamity, Ph.D., Scientific Review Officer, Office of Scientific Review, Division of Extramural Activities, NCCIH/NIH, 6707 Democracy Boulevard, Suite 401, Bethesda, MD 20892, 
                        <E T="03">marta.hamity@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.213, Research and Training in Complementary and Alternative Medicine, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Bruce A. George,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04556 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Clinical Products Center (CPC) (N01).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 30, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         1:00 p.m. to 4:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate contract proposals.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G56, Rockville, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Video Assisted Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Poonam Tewary, Ph.D., Scientific Review Officer, Scientific Review Program, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G20, Rockville, MD 20892, (301) 761-7219, 
                        <E T="03">tewaryp@mail.nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04578 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Arthritis and Musculoskeletal and Skin Diseases; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Arthritis and Musculoskeletal and Skin Diseases Special Emphasis Panel; NIAMS Ancillary 2025/05 Review Meeting.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 17, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 3:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Chiguang Feng, Ph.D., Scientific Review Officer, Scientific Review Branch, Extramural Program, National Institute of Arthritis and Musculoskeletal and Skin Diseases, 6701 Democracy Boulevard, Bethesda, MD 30892, (301) 451-7766, 
                        <E T="03">chiguang.feng@nih.gov</E>
                        .
                    </P>
                    <FP>
                        (Catalogue of Federal Domestic Assistance Program Nos. 93.846, Arthritis, 
                        <PRTPAGE P="12740"/>
                        Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS)
                    </FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04584 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Clinical Trial Planning Grants (R34 Clinical Trial Not Allowed; (U01 Clinical Trial Required); NIAID SBIR Phase II.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 18, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 4:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G13B, Rockville, MD 20892 (Video Assisted Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Yong Gao, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G13B, Rockville, MD 20892, (240) 669-5048, 
                        <E T="03">gaoL2@niaid.nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04565 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Neurological Disorders and Stroke; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Neurological Disorders and Stroke Special Emphasis Panel; NINDS SBIR Clinical Trials.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 7-8, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 8:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Ana Olariu, Ph.D., Scientific Review Officer, Scientific Review Branch, Division of Extramural Activities, NINDS/NIH NSC, 6001 Executive Blvd., MSC 9529, Bethesda, MD 20892, 301-496-9223, 
                        <E T="03">Ana.Olariu@nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Neurological Disorders and Stroke Initial Review Group; Neurological Sciences and Disorders B Study Section Neurological Sciences and Disorders B (NSD-B).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 9, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Joel A. Saydoff, Ph.D., Scientific Review Officer, Scientific Review Branch, Division of Extramural Activities, NINDS/NIH NSC, 6001 Executive Blvd., MSC 9529, Bethesda, MD 20892, 301-496-9223, 
                        <E T="03">joel.saydoff@nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Neurological Disorders and Stroke Special Emphasis Panel; SBIR/STTR.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 11, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Joel A. Saydoff, Ph.D., Scientific Review Officer, Scientific Review Branch, Division of Extramural Activities, NINDS/NIH NSC, 6001 Executive Blvd., MSC 9529, Bethesda, MD 20892, 301-496-9223, 
                        <E T="03">joel.saydoff@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>David W. Freeman,</NAME>
                    <TITLE>Supervisory Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04601 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Biomedical Imaging and Bioengineering; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Biomedical Imaging and Bioengineering Special Emphasis Panel; SBIR/STTR Review SEP 1.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 28-29, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         8:00 a.m. to 10:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institutes of Health, Dem II, Suite 920, 6707 Democracy Boulevard, Bethesda, MD 20817.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Tianhong Wang, MD, Ph.D., Scientific Review Officer, National Institute of Biomedical Imaging and Bioengineering, National Institutes of Health, 6707 Democracy Blvd., Bethesda, MD 20892, (301) 435-1189, 
                        <E T="03">wangt3@mail.nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.866, National Institute of Biomedical Imaging and Bioengineering, National Institutes of Health.)</FP>
                </EXTRACT>
                <SIG>
                    <PRTPAGE P="12741"/>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04577 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; Novel Approaches for Radiation Biodosimetry and Medical Countermeasures Development (R21 Clinical Trial Not Allowed).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 21-22, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G54, Rockville, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Hitendra S. Chand, Ph.D., Scientific Review Officer, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G54, Rockville, MD 20892, (240) 627-3245, 
                        <E T="03">hiten.chand@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04572 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Center for Advancing Translational Sciences; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Center for Advancing Translational Sciences Special Emphasis Panel; Topic 025: Benchtop Device to Perform Batch Evaporation.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 24, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate contract proposals.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Center for Advancing Translational Sciences, National Institutes of Health, 9609 Medical Center Drive, Rockville, MD 20892 (Video Assisted Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Rahat (Rani) Khan, Ph.D., Scientific Review Officer, Office of Scientific Review, National Center for Advancing Translational Sciences, National Institutes of Health, 9609 Medical Center Drive, Suite 1E504, Rockville, MD 20892, (301) 594-7319, 
                        <E T="03">rahat.khan@nih.gov.</E>
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.350, B—Cooperative Agreements; 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025. </DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04498 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of General Medical Sciences; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of General Medical Sciences Special Emphasis Panel; NIGMS Small Business Applications: BBCB.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 10-11, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, National Institute of General Medical Sciences, Natcher Building, 45 Center Drive, Bethesda, Maryland 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Marcienne Michele Wright, Scientific Review Officer, Office of Scientific Review, National Institutes of General Medical Sciences, National Institutes of Health, 45 Center Drive, Bethesda, Maryland 20892, 301-827-7635, 
                        <E T="03">marci.wright@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program No. 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04576 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>
                    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which 
                    <PRTPAGE P="12742"/>
                    would constitute a clearly unwarranted invasion of personal privacy.
                </P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; A Solicitation of the National Institutes of Health (NIH) and the Centers for Disease Control and Prevention (CDC) for Small Business Innovation Research (SBIR) Contract Proposals (PHS 2025-1), NIH/NIAID 142—Adjuvant Development for Vaccines.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 3-4, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G22, Rockville, MD 20892 (Video Assisted).
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate contract proposals.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Michael M. Opata, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G22, Rockville, MD 20892, 240-627-3319, 
                        <E T="03">michael.opata@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04467 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Arthritis and Musculoskeletal and Skin Diseases; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the Board of Scientific Counselors, NIAMS.</P>
                <P>The meeting will be closed to the public as indicated below in accordance with the provisions set forth in section 552b(c)(6), title 5 U.S.C., as amended for the review, discussion, and evaluation of individual intramural programs and projects conducted by the National Institute of Arthritis and Musculoskeletal and Skin Diseases, including consideration of personnel qualifications and performance, and the competence of individual investigators, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Board of Scientific Counselors, NIAMS.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 23, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         8:15 a.m. to 3:45 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate personnel qualifications and performance, and competence of individual investigators.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Arthritis and Musculoskeletal and Skin Diseases, 10 Center Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Tamara N. Alliston, Ph.D., Scientific Director, Intramural Research Program (IRP), National Institute of Arthritis and Musculoskeletal and Skin Diseases, 9000 Rockville Pike, Bethesda, MD 20892, (301) 451-4847, 
                        <E T="03">tamara.alliston@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.846, Arthritis, Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Melanie J. Pantoja, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04600 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>Center for Scientific Review; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Cancer Biology AREA/REAP Review.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 8, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         11:00 a.m. to 3:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Manzoor A. Zarger, MS, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6208, MSC 7804, Bethesda, MD 20892, (301) 435-2477, email: 
                        <E T="03">zargerma@csr.nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Special Topics in Bioengineering and Instrumentation.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 9-10, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 7:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Joseph Thomas Peterson, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4118, MSC 7814, Bethesda, MD 20892, 301-408-9694, email: 
                        <E T="03">petersonjt@csr.nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Member Conflict: Bioengineering, Biodata, and Biomodelling Technologies.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 21, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 4:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         David R. Filpula, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6181, MSC 7892, Bethesda, MD 20892, 301-435-2902, email: 
                        <E T="03">filpuladr@mail.nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; PAR-23-145: Maximizing Investigators Research Award (MIRA) for Early-Stage Investigators.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 30-May 1, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Ezgi Kunttas-Tatli, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 594-7047, 
                        <E T="03">ezgi.kunttas-tatli@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Bruce A. George,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04582 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Cancer Institute; Notice of Closed Meetings</SUBJECT>
                <P>
                    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
                    <PRTPAGE P="12743"/>
                    amended, notice is hereby given of the following meetings.
                </P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Cancer Institute Special Emphasis Panel; Cancer Immunoprevention Network Resource Coordinating Center.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 11, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 1:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Cancer Institute at Shady Grove, 9609 Medical Center Drive, Room 7W602, Rockville, Maryland 20850.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Delia Tang, M.D., Scientific Review Officer, Resources and Training Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W602, Rockville, Maryland 20850, 240-276-6456, 
                        <E T="03">tangd@mail.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Cancer Institute Special Emphasis Panel; AIDS Malignancy Consortium-UM1.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 16, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 12:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Cancer Institute at Shady Grove, 9609 Medical Center Drive, Room 7W126, Rockville, Maryland 20850.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Mukesh Kumar, Ph.D., Scientific Review Officer, Research Program Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W126, Rockville, Maryland 20850, 240-276-6611, 
                        <E T="03">mukesh.kumar3@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Cancer Institute Special Emphasis Panel; R13 Conference Grant Review.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 21, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Cancer Institute at Shady Grove, 9609 Medical Center Drive, Room 7W266, Rockville, Maryland 20850.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Howard E. Boudreau, Ph.D., Scientific Review Officer, Program Coordination and Referral Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W266, Rockville, Maryland 20850, 240-507-9192, 
                        <E T="03">boudreauh@mail.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Cancer Institute Special Emphasis Panel; NCI Pathway to Independence Award for Outstanding Early-Stage Postdoctoral Researchers (K99/R00) and Mentored Research Scientist Development Award (K01).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 1-2, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Cancer Institute at Shady Grove, 9609 Medical Center Drive, Room 7W238, Rockville, Maryland 20850.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Byeong-Chel Lee, Ph.D., Scientific Review Officer, Resources and Training Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W238, Rockville, Maryland 20850, 240-276-7755, 
                        <E T="03">byeong-chel.lee@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Cancer Institute Special Emphasis Panel; Cancer Center Support Grant (P30).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 1, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:30 p.m. to 2:30 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Cancer Institute at Shady Grove, 9609 Medical Center Drive, Room 7W124, Rockville, Maryland 20850.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Eun Ah Cho, Ph.D., Scientific Review Officer, Resources and Training Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W124, Rockville, Maryland 20850, 240-276-6342, 
                        <E T="03">choe@mail.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Cancer Institute Initial Review Group; Cancer Centers Study Section (A).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 9, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 7W110, Rockville, Maryland 20850.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Caterina Bianco, M.D., Ph.D., Chief, Scientific Review Officer, Resources and Training Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W110, Rockville, Maryland 20850, 240-276-6459, 
                        <E T="03">biancoc@mail.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Cancer Institute Special Emphasis Panel; Healthcare Transitions for Survivors of Childhood and Adolescent Cancers.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 22, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         3:00 p.m. to 5:30 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Cancer Institute at Shady Grove, 9609 Medical Center Drive, Room 7W124, Rockville, Maryland 20850.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Eun Ah Cho, Ph.D., Scientific Review Officer, Resources and Training Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W124, Rockville, Maryland 20850, 240-276-6342, 
                        <E T="03">choe@mail.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Cancer Institute Special Emphasis Panel; NCI SPORE (P50) Review SEP-I.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         June 17-18, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:30 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 7W244, Rockville, Maryland 20850.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         John Paul Cairns, Ph.D., Scientific Review Officer, Research Programs Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W244, Rockville, Maryland 20850, 240-276-5415, 
                        <E T="03">paul.cairns@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Cancer Institute Special Emphasis Panel; NCI Program Project (P01) Review SEP-A.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         June 26-27, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Cancer Institute at Shady Grove, 9609 Medical Center Drive, Room 7W120, Rockville, Maryland 20850.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Majed M. Hamawy, Ph.D., Scientific Review Officer, Research Programs Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W120, Rockville, Maryland 20850, 240-276-6457, 
                        <E T="03">mh101v@nih.gov.</E>
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04501 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Center for Complementary and Integrative Health; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>
                    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose 
                    <PRTPAGE P="12744"/>
                    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.
                </P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Center for Complementary and Integrative Health Special Emphasis Panel; NIH HEAL Initiative: Coordinated Approaches to Pain Care in Health Care Systems (UG3/UH3—Clinical Trial Optional).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 14-15, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         11:00 a.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate cooperative agreement applications.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Center for Complementary and Integrative Health, Democracy II, 6707 Democracy Blvd., Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Shiyong Huang, Ph.D., Scientific Review Officer, Office of Scientific Review, Division of Extramural Activities, NCCIH/NIH, 6707 Democracy Boulevard, Suite 401, Bethesda, MD 20817, email: 
                        <E T="03">shiyong.huang@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.213, Research and Training in Complementary and Alternative Medicine, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Bruce A. George,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04593 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Center for Advancing Translational Sciences; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The cooperative agreement applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the cooperative agreement applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Center for Advancing Translational Sciences Special Emphasis Panel; NCATS CTSA UM1 Review Special Emphasis Panel.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 21, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate cooperative agreement applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Center for Advancing Translational Sciences, National Institutes of Health, 9609 Medical Center Drive, Rockville, MD 20892 (Virtual).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Marilyn Moore-Hoon, Ph.D., Scientific Review Officer, Scientific Review Branch, National Center for Advancing Translational Sciences, National Institutes of Health, 9609 Medical Center Drive, Suite 1E504, Bethesda, MD 20892, (301) 827-9087, 
                        <E T="03">mooremar@mail.nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.350, B—Cooperative Agreements; 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>David W. Freeman,</NAME>
                    <TITLE>Supervisory Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04595 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute on Drug Abuse; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute on Drug Abuse Special Emphasis Panel; Omnibus Solicitation of the NIH, CDC and FDA for Small Business Innovation Research Grant Applications.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 5-6, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, National Institute on Drug Abuse, 301 North Stonestreet Avenue, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Sindhu Kizhakke Madathil, Ph.D., Scientific Review Officer, Division of Extramural Research, Scientific Review Branch, National Institute on Drug Abuse, NIH, 301 North Stonestreet Avenue, MSC 6021, Bethesda, MD 20892, (301) 827-5702, 
                        <E T="03">sindhu.kizhakkemadathil@nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute on Drug Abuse Special Emphasis Panel; Mechanism for Time-Sensitive Drug Abuse Research.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 5, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         1:00 p.m. to 1:30 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, National Institute on Drug Abuse, 301 North Stonestreet Avenue, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Sudhirkumar U. Yanpallewar, M.D., Scientific Review Officer, Scientific Review Branch, National Institute on Drug Abuse, NIH, 301 North Stonestreet Avenue, MSC 6021, Bethesda, MD 20892, (301) 443-4577, 
                        <E T="03">sudhirkumar.yanpallewar@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.277, Drug Abuse Scientist Development Award for Clinicians, Scientist Development Awards, and Research Scientist Awards; 93.278, Drug Abuse National Research Service Awards for Research Training; 93.279, Drug Abuse and Addiction Research Programs, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>David W. Freeman, </NAME>
                    <TITLE>Supervisory Program Analyst,  Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04588 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Mental Health; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Mental Health Special Emphasis Panel; Genetic Architecture of Mental Disorders Review Meeting.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 28, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 4:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                        <PRTPAGE P="12745"/>
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                        Evon Abisaid, Ph.D., Scientific Review Officer, Division of Extramural Activities, National Institute of Mental Health, National Institutes of Health, 6001 Executive Blvd. Rockville, MD 20852, (301) 827-0399, email: 
                        <E T="03">ereifejes@mail.nih.gov.</E>
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program No. 93.242, Mental Health Research Grants, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Bruce A. George, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04591 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Mental Health; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Mental Health Special Emphasis Panel; Grant Review.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 18, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 3:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Liza Litvina, Ph.D., Scientific Review Officer, Division of Extramural Activities, National Institute of Mental Health, National Institutes of Health Bethesda, MD 20852, 301-827-5829, email: 
                        <E T="03">liza.litvina@nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Mental Health Special Emphasis Panel; SBIR/STTR Review Meeting A.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 1, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Serena Chu, Ph.D., Scientific Review Officer, Division of Extramural Activities, National Institute of Mental Health, National Institutes of Health, Neuroscience Center, 6001 Executive Blvd., Bethesda, MD 20852, 301-500-5829, email: 
                        <E T="03">serena.chu@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program No. 93.242, Mental Health Research Grants, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Bruce A. George,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04468 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute on Aging; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <P>
                    <E T="03">Name of Committee:</E>
                     National Institute on Aging Special Emphasis Panel; NIA SBIR/STTR.
                </P>
                <P>
                    <E T="03">Date:</E>
                     April 8-9, 2025.
                </P>
                <P>
                    <E T="03">Time:</E>
                     9:30 a.m. to 6:00 p.m.
                </P>
                <P>
                    <E T="03">Agenda:</E>
                     To review and evaluate grant applications.
                </P>
                <P>
                    <E T="03">Address:</E>
                     National Institute on Aging, 5601 Fishers Lane Suite 8B, Rockville, MD 20892.
                </P>
                <P>
                    <E T="03">Meeting Format:</E>
                     Virtual Meeting.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Anita T. Tandle, Ph.D., Scientific Review Officer, National Institute on Aging, National Institutes Health, 5601 Fishers Lane, Suite 8B, Rockville, MD 20892, (240) 204-0329, 
                    <E T="03">tandlea@mail.nih.gov</E>
                    .
                </P>
                <EXTRACT>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja, </NAME>
                    <TITLE>Program Analyst,Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04523 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute on Aging; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute on Aging Special Emphasis Panel; SBIR Biobehavioral and Social Processes.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 15-16, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute on Aging, 5601 Fishers Lane, Suite 8B, Rockville, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Janetta Lun, Ph.D., Scientific Review Officer, National Institute on Aging, National Institutes of Health, 5601 Fishers Lane, Suite 8B, Bethesda, MD 20892, (301) 827-4588, 
                        <E T="03">janetta.lun@nih.gov.</E>
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04557 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Environmental Health Sciences; Notice of Closed Meetings</SUBJECT>
                <P>
                    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
                    <PRTPAGE P="12746"/>
                    amended, notice is hereby given of the following meetings.
                </P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Environmental Health Sciences Special Emphasis Panel: Pathology Support Service for the DTT and DIR.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 15, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         11:00 a.m. to 2:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate contract proposals.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Environmental Health Sciences, Keystone Building, 530 Davis Drive, Durham, NC 27709.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Murali Ganesan, Ph.D., Scientific Review Officer, Scientific Review Branch, Division of Extramural Research and Training (DERT), National Institute of Environmental Health Sciences, National Institutes of Health, Keystone Building, Room 3097, Research Triangle Park, NC 27713, Phone: (984) 287-4674, Email: 
                        <E T="03">murali.ganesan@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Environmental Health Sciences Special Emphasis Panel: NIEHS Support for Scientific Research Conferences.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 17, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 1:30 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Environmental Health Sciences, Keystone Building, 530 Davis Drive, Durham, NC 27709.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Leroy Worth, Ph.D. Scientific Review Chief Scientific Review Branch Division of Extramural Research and Training National Institute of Environmental Health Sciences P. O. Box 12233, MD EC-30/Room 3171 Research Triangle Park, NC 27709 (984) 287-3340 email: 
                        <E T="03">worth@niehs.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Environmental Health Sciences, Special Emphasis Panel: Quality Assessment Service for the Division of Translational Toxicology and DIR.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 29, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 1:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate contract proposals.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Environmental Health Sciences, Keystone Building, 530 Davis Drive Durham, NC 27709.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Varsha Shukla, Ph.D. Scientific Review Officer Scientific Review Branch Division of Extramural Research and Training National Institute of Environmental Health Sciences Research Triangle Park, NC 27709 (984) 287-3288 email: 
                        <E T="03">Varsha.shukla@nih.gov.</E>
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.115, Biometry and Risk Estimation—Health Risks from Environmental Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety Training; 93.143, NIEHS Superfund Hazardous Substances—Basic Research and Education; 93.894, Resources and Manpower Development in the Environmental Health Sciences; 93.113, Biological Response to Environmental Health Hazards; 93.114, Applied Toxicological Research and Testing, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Bruce A. George, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04594 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>Eunice Kennedy Shriver National Institute of Child Health &amp; Human Development; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Eunice Kennedy Shriver National Institute of Child Health and Human Development; Reproduction, Andrology, and Gynecology Study Section Meeting.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 21, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         1:00 p.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate contract proposals.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         Eunice Kennedy Shriver National Institute of Child Health and Human Development, 6710 B Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Vera A. Cherkasova, Ph.D., Scientific Review Branch, Eunice Kennedy Shriver National Institute of Child Health and Human Development, National Institutes of Health, 6710B Rockledge Drive, Room 2137B, Bethesda, MD 20892, (240) 731-6040, email: 
                        <E T="03">vera.cherkasova@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Bruce A. George, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04589 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Arthritis and Musculoskeletal and Skin Diseases; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Arthritis and Musculoskeletal and Skin Diseases Special Emphasis Panel; NIAMS SBIR/STTR 2025/05 Review Meeting.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 28-29, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Arthritis and Musculoskeletal and Skin Diseases, One Democracy Plaza, 6701 Democracy Boulevard, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Archana Jha, Ph.D., Scientific Review Officer, Scientific Review Branch (SRB), National Institute of Arthritis and Musculoskeletal and Skin Diseases, One Democracy Plaza, 6701 Democracy Boulevard, Suite 800, Bethesda, MD 20892, (240) 921-1233,
                        <E T="03">archana.jha@nih.gov.</E>
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.846, Arthritis, Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <PRTPAGE P="12747"/>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04583 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Clinical Trial Planning Grants (R34 Clinical Trial Not Allowed); NIAID Clinical Trial Implementation Cooperative Agreement (U01 Clinical Trial Required); NIAID SBIR Phase II Clinical Trial Implementation Cooperative Agreement (U44 Clinical Trial Required).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 9, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G13B, Rockville, MD 20892 (Video Assisted Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Yong Gao, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G13B, Rockville, MD 20892, (240) 669-5048, 
                        <E T="03">gaoL2@niaid.nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04602 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute on Aging; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute on Aging Special Emphasis Panel; Developing Study on AD/ADRD.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 15-16, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute on Aging, 5601 Fishers Lane, Suite 8B, Rockville, MD 20852.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Bita Nakhai, Ph.D., Scientific Review Officer, National Institute on Aging, National Institutes of Health, 5601 Fishers Lane, Suite 8B, Rockville, MD 208192, (301) 402-7701, 
                        <E T="03">nakhaib@nia.nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04586 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Allergy and Infectious Diseases; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Research Education Program (R25 Clinical Trial Not Allowed).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 22, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         1:00 p.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3D54, Rockville, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Video Assist Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Shiv A. Prasad, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3D54, Rockville, MD 20892, 240-627-3219, 
                        <E T="03">shiv.prasad@nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; Limited Competition: Revision Applications of Existing NIH Centers for AIDS Research (CFAR) and Developmental Centers for AIDS Research (D-CFAR) Grants (P30 Clinical Trial Not Allowed).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 28, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 4:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3D54, Rockville, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Shiv A. Prasad, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3D54, Rockville, MD 20892, 240-627-3219, 
                        <E T="03">shiv.prasad@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04579 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12748"/>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Eye Institute; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the Board of Scientific Counselors, National Eye Institute.</P>
                <P>The meeting will be closed to the public as indicated below in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended for the review, discussion, and evaluation of individual intramural programs and projects conducted by the National Eye Institute, including consideration of personnel qualifications and performance, and the competence of individual investigators, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Board of Scientific Counselors, National Eye Institute.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         June 16-18, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         June 16, 2025, 8:45 a.m. to 5:45 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate personnel qualifications and performance, and competence of individual investigators.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Eye Institute, 31 Center Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         In Person and Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         June 17, 2025, 8:30 a.m. to 5:55 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate personnel qualifications and performance, and competence of individual investigators.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Eye Institute, 31 Center Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         In Person and Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         June 18, 2025, 8:30 a.m. to 2:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate personnel qualifications and performance, and competence of individual investigators.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Eye Institute, 31 Center Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         In Person and Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         David M. Schneeweis, Ph.D., Acting Scientific Director, National Eye Institute, National Institutes of Health, Building 31, Room 6A22, Bethesda, MD 20892, 301-451-6763, 
                        <E T="03">David.schneeweis@nih.gov.</E>
                    </P>
                    <P>
                        Information is also available on the Institute's/Center's home page: 
                        <E T="03">https://www.nei.nih.gov/about/advisory-committees,</E>
                         where an agenda and any additional information for the meeting will be posted when available.
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program No. 93.867, Vision Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04521 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute on Aging; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute on Aging Special Emphasis Panel SBIR.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 7-8, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute on Aging, 5601 Fishers Lane Suite 8B, Rockville, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Gianina Ramona Dumitrescu, Ph.D., MPH, Scientific Review Officer, National Institute on Aging, National Institutes of Health, 5601 Fishers Lane, Suite 8B, Rockville, MD 20892, (301) 827-0696, 
                        <E T="03">ramona.dumitrescu@nih.gov</E>
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04522 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Clinical Trial Implementation Cooperative Agreement (U01 Clinical Trial Required).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 7, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 3:30 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G13B, Rockville, MD 20892 (Video Assisted Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Yong Gao, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G13B, Rockville, MD 20892, (240) 669-5048, 
                        <E T="03">gaoL2@niaid.nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04566 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Center for Advancing Translational Sciences; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>
                    The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning 
                    <PRTPAGE P="12749"/>
                    individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
                </P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Center for Advancing Translational Sciences Special Emphasis Panel; CTSA High Impact Specialized Innovation Program (RC2) Review.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 24, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 1:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         (Video Assisted Meeting).
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Center for Advancing Translational Sciences, National Institutes of Health, 9609 Medical Center Drive, Rockville, MD 20892.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Jing Chen, Ph.D., Scientific Review Officer, Office of Scientific Review, National Center for Advancing Translational Sciences, National Institutes of Health, 9609 Medical Center Drive, Suite 1E504, Bethesda, MD 20892, (301) 827-3268, email: 
                        <E T="03">chenjing@mail.nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.350, B—Cooperative Agreements; 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Bruce A. George,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04471 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute on Drug Abuse; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute on Drug Abuse Special Emphasis Panel; Solutions to Enable Diagnosis and Treatment of Adverse Health Consequences of Non-Disordered Drug Use.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         May 2, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, National Institute on Drug Abuse, 301 North Stonestreet Avenue, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Sudhirkumar U. Yanpallewar, M.D., Scientific Review Officer, Scientific Review Branch, National Institute on Drug Abuse, NIH, 301 North Stonestreet Avenue, MSC 6021, Bethesda, MD 20892, (301) 443-4577, 
                        <E T="03">sudhirkumar.yanpallewar@nih.gov.</E>
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.277, Drug Abuse Scientist Development Award for Clinicians, Scientist Development Awards, and Research Scientist Awards; 93.278, Drug Abuse National Research Service Awards for Research Training; 93.279, Drug Abuse and Addiction Research Programs, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Bruce A. George, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04592 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; Strategies for Eliminating HIV Proteins (R01, R21 Clinical Trial Not Allowed).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 30-May 1, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G31A, Rockville, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Video Assisted Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Stephen A. Gallo, Ph.D., Scientific Review Officer, Scientific Review Program, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G31A, Rockville, MD 20892, (240) 669-2858, 
                        <E T="03">steve.gallo@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04571 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Nursing Research; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Nursing Research Initial Review Group.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 16-17, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         8:00 a.m. to 12:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Nursing Research, 6700B Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Joshua R. Wolff, Ph.D., Scientific Review Officer, National Institute of Nursing Research, 6701 Democracy Boulevard, Bethesda, MD 20817, (301) 793-5758, email: 
                        <E T="03">josh.wolff@nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Nursing Research Special Emphasis Panel; Interventions to Prevent and Address Housing Instability.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 21-23, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         8:00 a.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Nursing Research, 6700B Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Weiqun Li, MD, Chief, Office of Scientific Review, National Institute 
                        <PRTPAGE P="12750"/>
                        of Nursing Research, National Institutes of Health, 6701 Democracy Boulevard, Room 729, Bethesda, MD 20892, (301) 594-5966, email: 
                        <E T="03">wli@mail.nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.361, Nursing Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Bruce A. George,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04599 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Neurological Disorders and Stroke; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications/cooperative agreement 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.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Neurological Disorders and Stroke Special Emphasis Panel; HEAL Initiative: Analgesic discovery.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 7, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:30 a.m. to 4:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Abhignya Subedi, Ph.D., Scientific Review Officer, Scientific Review Branch, Division of Extramural Activities, NINDS/NIH/DHHS, NSC, 6001 Executive Boulevard, Rockville, MD 20852, 301-496-9223, 
                        <E T="03">abhi.subedi@nih.gov.</E>
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04585 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Clinical Trial Planning Grants (R34 Clinical Trial Not Allowed); Investigator Initiated Extended Clinical Trial (R01 Clinical Trial Required); NIAID Clinical Trial Implementation Cooperative Agreement (U01 Clinical Trial Required).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 28, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G54, Rockville, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Video Assisted Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Vishakha Sharma, Ph.D., Scientific Review Officer, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G54, Rockville, MD 20892, 301-761-7036, 
                        <E T="03">vishakha.sharma@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04564 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>Eunice Kennedy Shriver National Institute of Child Health &amp; Human Development; Notice of Meeting</SUBJECT>
                <P>
                    Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the Board of Scientific Counselors 
                    <E T="03">Eunice Kennedy Shriver</E>
                     National Institute of Child Health and Human Development.
                </P>
                <P>
                    The meeting will be closed to the public as indicated below in accordance with the provisions set forth in sections 552b(c)(6), Title 5 U.S.C., as amended for the review, discussion, and evaluation of individual programs and projects conducted by the 
                    <E T="03">Eunice Kennedy Shriver</E>
                     National Institute of Child Health and Human Development, including consideration of personnel qualifications and performance, and the competence of individual investigators, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
                </P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Board of Scientific Counselors 
                        <E T="03">Eunice Kennedy Shriver</E>
                         National Institute of Child Health and Human Development.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         June 6, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 1:30 p.m.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         (Virtual Meeting).
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         Scientific Director's Report on the status of the NICHD Division of Intramural Research and current organizational structure.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                          
                        <E T="03">Eunice Kennedy Shriver</E>
                         National Institute of Child Health and Human Development, National Institutes of Health, 31 Center Drive, Room 2A03, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         June 6, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         1:30 p.m. to 3:45 p.m.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate personnel qualifications and performance, and competence of individual investigators.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                          
                        <E T="03">Eunice Kennedy Shriver</E>
                         National Institute of Child Health and Human Development, National Institutes of Health, 31 Center Drive, Room 2A03, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Chris J. McBain, Ph.D., Scientific Director 
                        <E T="03">Eunice Kennedy Shriver</E>
                         National Institute of Child Health and Human Development, National Institutes of Health, 31 Center Drive, Room 2A03, Bethesda, MD 20892, (301) 594-5984, email: 
                        <E T="03">mcbainc@mail.nih.gov</E>
                        .
                    </P>
                    <P>
                        Information is also available on the Institute's/Center's home page: 
                        <E T="03">https://www.nichd.nih.gov/about/advisory/bsc,</E>
                         where an agenda and any additional information for the meeting will be posted when available.
                    </P>
                    <FP>
                        (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 
                        <PRTPAGE P="12751"/>
                        93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)
                    </FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Bruce A. George,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04469 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute of Allergy and Infectious Diseases; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID SBIR Phase II Clinical Trial Implementation (U44 Clinical Trial Required).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 2, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 10:00 a.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3D54, Rockville, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Video Assisted Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Tara Capece, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3D54, Rockville, MD 20892, 240-191-4281, 
                        <E T="03">capecet2@niaid.nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Clinical Trial Planning Grants (R34 Clinical Trial Not Allowed) and Investigator Initiated Extended Clinical Trial (R01 Clinical Trial Required).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 2, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 11:30 a.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3D54, Rockville, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Video Assisted Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Tara Capece, Ph.D., Scientific Review Officer, Scientific Review Program, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3D54, Rockville, MD 20892, 240-191-4281, 
                        <E T="03">capecet2@niaid.nih.gov</E>
                        .
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Clinical Trial Planning Grants (R34 Clinical Trial Not Allowed).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 10, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         2:00 p.m. to 3:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3D54 Rockville, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Tara Capece, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institutes of Health, NIAID, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3D54, Rockville, MD 20892, 240-191-4281, 
                        <E T="03">capecet2@niaid.nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04570 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>Center for Scientific Review; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; PAR: Enhancing Mechanistic Research on Precision Probiotic Therapies.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 22, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Virtual Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Peterson, Jonathan Michael, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 867-5309, email: 
                        <E T="03">jonathan.peterson@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <NAME>Bruce A. George,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04470 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Center for Advancing Translational Sciences; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The cooperative agreement applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the cooperative agreement applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         National Center for Advancing Translational Sciences Special Emphasis Panel; NCATS RDCRC Grant Application Review.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         April 22-24, 2025.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate cooperative agreement applications.
                    </P>
                    <P>
                        <E T="03">Address:</E>
                         National Center for Advancing Translational Sciences, National Institutes of Health, 9609 Medical Center Drive, Rockville, MD 20892.
                    </P>
                    <P>
                        <E T="03">Meeting Format:</E>
                         Video Assisted Meeting.
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         M. Lourdes Ponce, Ph.D., Scientific Review Officer, Office of Scientific 
                        <PRTPAGE P="12752"/>
                        Review, National Center for Advancing Translational Sciences, National Institutes of Health, 9609 Medical Center Drive, Suite 1E504, Bethesda, MD 20892, (301) 435-0810, 
                        <E T="03">lourdes.ponce@nih.gov</E>
                        .
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.350, B—Cooperative Agreements; 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Melanie J. Pantoja,</NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04623 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Coast Guard</SUBAGY>
                <DEPDOC>[Docket Number USCG-2025-0094]</DEPDOC>
                <SUBJECT>Imposition of Conditions of Entry for Vessels Arriving to the United States From the Republic of Cuba</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Coast Guard, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Coast Guard announces that it will impose conditions of entry on vessels arriving from the Republic of Cuba. Conditions of entry are intended to protect the United States from vessels arriving from foreign ports or places that have been found to have deficient anti-terrorism measures.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The policy announced in this notice is effective on April 2, 2025.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For information about this document call or email Mr. Edward X. Munoz, Division Chief, International Port Security Assessments, United States Coast Guard, telephone 202-372-2122, 
                        <E T="03">Edward.X.Munoz@uscg.mil.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background and Purpose</HD>
                <P>The authority for this notice is 5 U.S.C. 552(a), 46 U.S.C. 70110 (“Maritime Transportation Security Act”), and Department of Homeland Security Delegation No. 00170.1(II) (97.f), Revision No. 01.4. As delegated, 46 U.S.C. 70110(a) authorizes the Coast Guard to impose conditions of entry on vessels arriving in U.S. waters from foreign ports that the Coast Guard has not found to maintain effective anti-terrorism measures. Section 70108, as amended by section 5603 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31, Dec. 22, 2023), states that DHS shall deem any port under the jurisdiction of a foreign government that is a state sponsor of terrorism as not having effective anti-terrorism measures, and immediately apply the sanctions described in 46 U.S.C. 70110(a) to such a port.</P>
                <P>In accordance with 46 U.S.C. 70108, as amended, and the Department of State's designation of the Republic of Cuba as a State Sponsor of Terrorism, the Coast Guard finds that Cuba does not have effective anti-terrorism measures.</P>
                <P>
                    With this notice, the current list of countries assessed and not maintaining effective anti-terrorism measures is as follows: Cambodia, Cameroon, Comoros, Cuba, Djibouti, Equatorial Guinea, The Gambia, Guinea-Bissau, Iran, Iraq, Libya, Madagascar, Federated States of Micronesia, Nauru, Nigeria, Sao Tome and Principe, Seychelles, Sudan, Syria, Timor-Leste, Venezuela, and Yemen. The current Port Security Advisory is available at: 
                    <E T="03">http://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/International-Domestic-Port-Assessment/.</E>
                </P>
                <SIG>
                    <DATED>Dated: February 19, 2025.</DATED>
                    <NAME>Thomas G. Allan,</NAME>
                    <TITLE>Vice Admiral, Deputy Commandant for Operations, Acting, U.S. Coast Guard.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04597 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9110-04-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>U.S. Customs and Border Protection</SUBAGY>
                <SUBJECT>Voluntary Self-Reported Exit (VSRE) Pilot</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Customs and Border Protection, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>General notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice announces that U.S. Customs and Border Protection (CBP) will conduct a Voluntary Self-Reported Exit (VSRE) Pilot to collect facial images from certain aliens, specifically aliens subject to Form I-94 (Arrival/Departure Record) requirements, exiting the United States from any location. CBP will conduct the VSRE Pilot to determine the effectiveness of this technology as part of CBP's initiatives to create a comprehensive biometrics entry-exit system, as well as to further automate the I-94 process for these aliens. This notice describes the purpose of the pilot, pilot procedures, how CBP will use the collected data, eligible participants, duration of the pilot, how CBP will analyze the results, and privacy considerations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        This voluntary pilot will begin on March 19, 2025 and will run for two years. Any extensions of this pilot program will be announced by a notice published in the 
                        <E T="04">Federal Register</E>
                        .
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments concerning the VSRE Pilot program and technical issues may be submitted at any time during the pilot period via email to 
                        <E T="03">cbpone@cbp.dhs.gov.</E>
                         Please use “Comment on VSRE Pilot” in the subject line of the email.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Tricia Kennedy, Program Manager, Innovation Center, Innovation and Strategy Directorate, Office of Field Operations, U.S. Customs and Border Protection, (202) 999-7564, or 
                        <E T="03">Tricia.Kennedy@cbp.dhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <HD SOURCE="HD2">Legal Authority</HD>
                <P>
                    The Department of Homeland Security (DHS) has broad authority to control alien travel and to inspect aliens under various provisions of the Immigration and Nationality Act (INA).
                    <SU>1</SU>
                    <FTREF/>
                     Numerous federal statutes require DHS to create an integrated, automated biometric entry-exit system that records the arrival and departure of aliens, compares the biometric data of aliens to verify their identity, and authenticates travel documents presented by such aliens through the comparison of biometrics.
                    <SU>2</SU>
                    <FTREF/>
                     Biometrics denotes any 
                    <PRTPAGE P="12753"/>
                    physical characteristic or other physical attribute unique to a person that can be used to verify the identity of an individual.
                    <SU>3</SU>
                    <FTREF/>
                     This notice applies specifically to biometric facial images.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         DHS may generally require aliens to provide biometrics and other relevant identifying information upon entry to, or departure from, the United States. Specifically, DHS may control alien entry and departure and inspect aliens under sections 215(a) and 235 of the INA (8 U.S.C. 1185, 1225). As part of its entry and departure controls, DHS may require aliens to provide fingerprints, photographs, or other biometrics upon arrival in, or departure from, the United States, and select classes of aliens may be required to provide information at any time. 
                        <E T="03">See, e.g.,</E>
                         INA 214, 215(a), 235, 262(a), 263(a), 264(c) (8 U.S.C. 1184, 1185(a), 1225, 1302(a), 1303(a), 1304(c)); 8 U.S.C. 1365b. Pursuant to Executive Order 13323, the Secretary of DHS was assigned the functions of the President under section 215(a) of the INA.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         The federal statutes and orders requiring DHS to create a biometric entry-exit system to record the arrival and departure of aliens include, but are not limited to: Section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Public Law 104-828, 110 Stat. 3009-546, 3009-558; section 2(a) of the Immigration and Naturalization Service Data Management Improvement Act of 2000 (DMIA), Public Law 106-215, 114 Stat. 337, 338; section 205 of the Visa Waiver Permanent Program Act of 2000, Public Law 106-396, 114 Stat. 1637, 1641; section 414 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), Public Law 107-56, 115 Stat. 272, 353; section 302 of the Enhanced Border Security and Visa Entry 
                        <PRTPAGE/>
                        Reform Act of 2002 (Border Security Act), Public Law 107-173, 116 Stat. 543, 552; section 7208 of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), Public Law 108-458, 118 Stat. 3638, 3817; section 711 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (Implementing Recommendations of the 9/11 Commission Act), Public Law 110-53, 121 Stat. 266, 338; and section 802 of the Trade Facilitation and Trade Enforcement Act of 2015, Public Law 114-125, 130 Stat. 122, 199 (6 U.S.C. 211(c)(10)).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         The National Biometrics Challenge, National Science and Technology Council Subcommittee on Biometrics and Identity Management, September 2011, available 
                        <E T="03">https://obamawhitehouse.archives.gov/sites/default/files/microsites/ostp/biometricschallenge2011.pdf</E>
                    </P>
                </FTNT>
                <P>
                    Various authorities authorize CBP to collect biographic data regarding all travelers entering and departing the United States. 
                    <E T="03">See, e.g.,</E>
                     INA 211, 215, 231 (8 U.S.C. 1181, 1185, 1221), and Tariff Act of 1930, as amended, 71 Public Law 361, sec 433, 46 Stat. 590, 711 (19 U.S.C. 1433). One way that CBP collects this information is through the Form I-94 process (also described as simply “I-94”) discussed below, which CBP requires for certain aliens unless otherwise exempted.
                    <SU>4</SU>
                    <FTREF/>
                     Biographic information collected as part of the I-94 process includes, for example, name, date of birth, passport number, passport country of issuance and other personal identifying information.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         For purposes of the INA, a “nonimmigrant” generally describes any non-U.S. citizen who falls within one of the classes of aliens listed in section 101(a)(15) or section 214(e)(1) of the INA, which includes, among others, aliens who are visiting the United States for business or pleasure, ambassadors to the United States, aliens transiting through the United States, and other classes of aliens who do not intend to immigrate to the United States. INA 101(a)(15) (8 U.S.C. 1101(a)(15)). Certain nonimmigrants are exempt from the I-94 process. 
                        <E T="03">See</E>
                         8 CFR 235.1(h)(1).
                    </P>
                </FTNT>
                <P>
                    Further, DHS regulations authorize CBP to collect biometric data from certain aliens seeking admission to the United States. 
                    <E T="03">See</E>
                     8 CFR 215.8. DHS regulations also authorize CBP to collect biometrics from certain aliens upon departure from the United States under pilot programs at land ports and up to 15 air and seaports. 
                    <E T="03">See</E>
                     8 CFR 215.8.
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         While CBP may collect biometrics from most aliens pursuant to the regulations, certain categories of aliens are exempt from the collection of biometrics upon entering or departing the United States. 
                        <E T="03">See</E>
                         8 CFR 215.8(a)(1)-(2) and 8 CFR 235.1(f)(1)(ii), (iv).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">Current Processes</HD>
                <P>
                    Since 2004, CBP has been collecting biometric data from certain aliens arriving in the United States, including taking fingerprints and facial images from certain aliens as part of the I-94 entry process. Currently, CBP issues electronic I-94 forms to all arriving aliens who are legally required to submit that form (unless otherwise exempted) who are admitted or paroled into the United States as evidence of the terms of that person's admission or parole. 
                    <E T="03">See</E>
                     8 CFR 1.4, 235.1(h). Form I-94 is issued at the time the alien is admitted or paroled at a United States port of entry. 
                    <E T="03">See</E>
                     8 CFR 235.1(h). CBP encourages aliens to report their departure to CBP when they exit, so that CBP can record their exit from the United States.
                </P>
                <P>
                    Although CBP routinely collects biometric data from aliens entering the United States, there currently is no comprehensive system in place to collect biometrics from aliens departing the country. Collecting biometrics of certain aliens at both arrival and departure would enable CBP and DHS to have more accurate information regarding whether aliens have departed the country when they are required to depart as well as provide more accurate entry/exit data for such aliens. Further, collecting biometric data will help to reduce visa and travel document fraud and improve CBP's ability to identify criminals and known or suspected terrorists. CBP has been testing various options to collect biometrics at departure in the land and air environments since 2004.
                    <SU>6</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         CBP has conducted numerous tests of facial recognition technology at various ports of entry across the United States. The results of those tests have shown a biometric matching accuracy rate of 98 percent. 
                        <E T="03">See</E>
                         DHS Fiscal Year 2022 Entry/Exit Overstay Report, 
                        <E T="03">https://www.dhs.gov/sites/default/files/2023-07/23_0707_FY22_FY23_CBP_Integrated_Entry_Exit_Overstay_Report.pdf</E>
                         (last visited Mar. 27, 2024).
                    </P>
                </FTNT>
                <P>
                    At the same time, CBP is also now working to fully automate all I-94 processes. CBP has already automated the I-94 process for air and sea travel with a commercial carrier, such as an airline or cruise ship. CBP obtains the I-94 entry and exit information from the carrier and automatically records that entry and exit information in CBP systems.
                    <SU>7</SU>
                    <FTREF/>
                     CBP has also automated the I-94 process for arrival at land border ports of entry.
                    <SU>8</SU>
                    <FTREF/>
                     CBP is still in the process of automating the I-94 process on exit at land border ports of entry. CBP issues electronic I-94 forms to certain aliens entering the United States at air, sea, and land border ports of entry. CBP also collects fingerprints or facial image biometrics from travelers subject to I-94 requirements when the traveler arrives in the United States.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         8 CFR 1.4 defines I-94 to include collection of arrival/departure and admissions or parole information by DHS. This includes electronic information provided by the carrier and recorded in CBP systems. 
                        <E T="03">See</E>
                         8 CFR 1.4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Streamlining I-94 Issuance at the Land Border, 87 FR 15446 (March 18, 2022).
                    </P>
                </FTNT>
                <P>
                    As noted above, CBP creates exit records for persons traveling on commercial air or sea carriers using the biographic information provided by the carrier's manifest information as well as carrier-collected biometric information, when available. When exiting the United States at a land border, aliens subject to I-94 requirements are encouraged to report their departure to CBP, so that the agency can record their exit from the United States. If such travelers do not report their departure to CBP, their departure may not be properly recorded, and accordingly, it may appear that such travelers have overstayed their authorized stay. 
                    <E T="03">See</E>
                     8 CFR 235.1(h).
                </P>
                <P>
                    At land ports of entry, CBP does not routinely staff exit lanes nor does CBP have a single process for aliens subject to I-94 requirements to voluntarily report their departure from the United States. Such travelers can currently report their departure by any one of the following means: (1) stopping at a land border port of entry and presenting a printed copy of their electronic I-94 form to a CBP officer; (2) stopping at a land border port of entry and placing a printed copy of their electronic I-94 form in a drop box provided by the port, where available; or (3), if exiting by land on the northern U.S. border, by turning in a printed copy of their electronic I-94 form to the Canadian Border Services Agency (CBSA) when entering Canada (CBSA will then return the form to CBP).
                    <SU>9</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         For additional information, please see CBP's I-94 website, 
                        <E T="03">https://i94.cbp.dhs.gov/I94/#/home</E>
                         (last visited March 3, 2025).
                    </P>
                </FTNT>
                <P>
                    The current options in the land environment can be burdensome and, in many cases, impractical or inconvenient due to the location and design of the ports. They also lead to haphazard record keeping and incomplete data collection with respect to travelers leaving the country. Most land border ports of entry provide limited access to the port for vehicles exiting the United States and have minimal parking available to the public. For this reason, most aliens do not report their departure when exiting at land border ports of entry. In those cases, CBP does not collect a record at the time the alien departs the United States.
                    <SU>10</SU>
                    <FTREF/>
                     CBP often discovers that an alien has previously 
                    <PRTPAGE P="12754"/>
                    left the United States when that same alien attempts to re-enter the United States at a later date. Additionally, CBP generally does not collect biometrics from aliens exiting at land borders, even when an alien properly returns a paper I-94 form.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         CBP may receive proof of departure information at a later date in some cases such as through records provided by CBSA or through mailed forms sent in by the traveler. However, even in these cases, the information can be delayed or inaccurate and CBP has no way to verify the information.
                    </P>
                </FTNT>
                <P>Captains of pleasure boats are not required to report information regarding persons on the boat to CBP upon departure from the United States. Pilots of private aircraft are required to submit a manifest, but there is limited opportunity to capture travelers' biometrics. Both pleasure boats and private aircraft are permitted to depart the United States from any location, including private property, therefore most of these exits are not reported to CBP.</P>
                <P>
                    If successful and implemented on a broader scale, the VSRE Pilot procedures would allow CBP to automate the I-94 process for aliens exiting at land borders and via private conveyances in the air and sea environments and create a biometrically confirmed exit record for those aliens exiting the United States.
                    <SU>11</SU>
                    <FTREF/>
                     In addition, there are some occasions where travelers exiting the United States via commercial air or sea may prefer to have proof of their exit on their hand-held device as it would provide an added sense of confidence for some travelers to personally maintain their own records regarding proof of their exit even though CBP obtains proof of exit in these cases from the carriers through required manifest information as well as, in some cases, biometric identity confirmation.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         While CBP's primary motivation for the VSRE process is the gap in exit information for certain modes of travel, this process can be used for this purpose by aliens subject to I-94 requirements regardless of mode of travel. If CBP decides to implement the VSRE process on a broader scale permanently, CBP will publish a notice in the 
                        <E T="04">Federal Register</E>
                         announcing such implementation.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Voluntary Self-Reported Exit Pilot</HD>
                <HD SOURCE="HD2">Overview and Purpose</HD>
                <P>
                    The VSRE Pilot is a voluntary pilot to collect facial images through a mobile application on personal electronic devices from aliens who are subject to I-94 requirements and who are departing the United States.
                    <SU>12</SU>
                    <FTREF/>
                     This pilot will help CBP evaluate both: (1) the technology's user-friendliness; and (2) the technology's vulnerabilities with regard to “liveness detection” (whether the technology can correctly determine if the photo taken by the user is a live photo as opposed to a previously uploaded photo) and geolocation (whether the technology can correctly determine whether a person is at least three miles outside of the United States at the time the photo is taken and the exit information is submitted to CBP).
                    <SU>13</SU>
                    <FTREF/>
                     The ability to detect liveness and geolocation are crucial to the success of this technology because both factors are needed to confirm that the person claiming to have exited the United States is physically outside of the United States.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         While CBP's primary motivation for this pilot is the lack of records at land exit, CBP makes this app available for use with any exit from the U.S. from any location.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         Geolocation is only captured while the CBP Home app is in use for reporting exit.
                    </P>
                </FTNT>
                <P>This pilot will be one of CBP's critical efforts toward fulfilling DHS's mandate to collect biometric information from departing aliens and CBP's plans to fully automate I-94 information collection. The technology tested during this VSRE Pilot, if successful, will allow CBP to close the information gap on alien entries and exits by making it easier for aliens, specifically aliens subject to I-94 requirements, to report their exit to CBP after their departure from the United States. It will also create a biometrically confirmed, and therefore more accurate, exit record for such aliens leaving the United States.</P>
                <HD SOURCE="HD2">Pilot Procedures</HD>
                <P>
                    In this pilot, eligible participants are certain aliens subject to I-94 requirements as described below who may voluntarily submit their facial images using the CBP Home Mobile Application, or any successor mobile application, (CBP Home app) to report their exit from the United States. The CBP Home app is a platform application that can be downloaded and used to access numerous CBP virtual services, which include performing I-94 mobile functions.
                    <SU>14</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         The CBP Home app is a mobile application that can be used for many different CBP functions, including but not limited to applying for a provisional I-94 prior to arrival at a land border port of entry, and, in the case of this pilot, self-reporting an exit for I-94 purposes. For more general information on the CBP Home app, 
                        <E T="03">see</E>
                         CBP, CBP Home Mobile Application, 
                        <E T="03">https://www.cbp.gov/about/mobile-apps-directory/cbpone</E>
                         (last visited October 22, 2024). For more information on use of the CBP Home app specifically for this pilot, CBP is issuing a Privacy Impact Assessment for the I-94 Mobile Application (the PIA) concurrently with this notice, available at 
                        <E T="03">https://www.dhs.gov/privacy-documents-us-customs-and-border-protection.</E>
                    </P>
                </FTNT>
                <P>Participants will use the CBP Home app to provide biographic information from their passport or other travel document (or provide their alien registration number) after exiting the United States. Participants will then use the CBP Home app to take a “selfie” picture after exiting the United States. The CBP Home app will use geolocation services to confirm that the participant is outside the United States, as well as “liveness detection” software to determine that the selfie photo is a live photo, as opposed to a previously uploaded photo. The CBP Home app will then compare the facial image submitted to facial images for that person already retained by CBP in order to confirm the exit biometrically.</P>
                <P>CBP will provide information to qualified aliens that explains how to participate in this pilot upon their entry to the United States. Only aliens who are subject to I-94 requirements set forth in 8 CFR 235.1(h) and who exit the United States within the pilot period are eligible to participate in the pilot.</P>
                <P>
                    As this pilot is voluntary, CBP will continue to employ the current entry-exit processes described above that do not include the use of the CBP Home app for all travelers, including travelers who choose to participate in the pilot program.
                    <SU>15</SU>
                    <FTREF/>
                     Facial images collected during this pilot will be used to confirm biometrically the exits of participating travelers from the United States. A notation that the traveler was biometrically confirmed will become part of the pilot participant's official border-crossing record. However, facial images collected during this pilot will only be kept for one year after completion of the pilot and for analytical purposes only.
                    <SU>16</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         CBP obtains departure information for certain travelers depending on mode of transportation. For example, for commercial air travelers, CBP would receive traveler information from the airline. However, in the case of land, as noted previously, CBP does not typically obtain any departure information. Therefore, for pilot participants exiting at land ports of entry, it is possible that CBP would only receive exit information from the traveler's voluntary submission using the CBP Home app.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         If any voluntary participants in this pilot discover any problems or issues with their official border- crossing record, they may seek redress through Department of Homeland Security's Travel Redress Inquiry Program (DHS TRIP). 
                        <E T="03">See</E>
                         DHS, Traveler Redress Inquiry Program (DHS TRIP), 
                        <E T="03">http://www.dhs.gov/trip</E>
                         (last accessed Feb. 27, 2024).
                    </P>
                </FTNT>
                <P>
                    During this pilot, as well as with the normal process, if a traveler's stay exceeds the period of admission or parole as determined through the regular entry and exit process, the traveler may be subject to grounds of inadmissibility outlined in section 212 of the INA (8 U.S.C. 1182). CBP will use the VSRE reporting to help reconcile an exit event with the original arrival event. The VSRE exit event, recorded in the Arrival and Departure Information System (ADIS) 
                    <SU>17</SU>
                    <FTREF/>
                     maintained by CBP, 
                    <PRTPAGE P="12755"/>
                    will be recorded as a departure. In a case where the CBP Home app malfunctions or fails to complete the process and the VSRE exit event is not recorded properly, the departure record will not be sent or recorded by CBP. Additionally, the CBP Home app will display an error message requesting that the user try to report the exit using the CBP Home app again at a later time and directing the user to 
                    <E T="03">www.i94.gov</E>
                     for more information.
                    <SU>18</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See</E>
                         DHS, DHS/CBP/PIA-024, Privacy Impact Assessment for the Arrival and Departure Information System (2020), available at 
                        <E T="03">https://www.dhs.gov/publication/arrival-and-departure-information-system</E>
                         (last visited Feb. 27, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         CBP will retain error data for one year after collection for analytical purposes.
                    </P>
                </FTNT>
                <P>
                    The app will alert the user that reporting an exit after the traveler's authorized length of stay could result in an incorrectly reported overstay on the user's record; therefore, in those cases, CBP recommends the user not report their exit using the CBP Home app. The user would then either report or not report their exit pursuant to the normal processes. In the event of a CBP Home app error resulting in no reported exit, CBP will not record the departure until CBP receives records from CBSA or until the traveler attempts to reenter the United States at a later date.
                    <SU>19</SU>
                    <FTREF/>
                     As noted above, CBP does not currently have an effective method to record traveler exits at land border ports of entry. Therefore, if a voluntary participant is unable to report the participant's exit through the CBP Home app as part of this pilot, the person is in the same position as the person would be if the person chose not to participate in the pilot at all. Inability to use the app or not participating in this pilot program to self-report exit does not create any adverse consequences for alien travelers.
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         Aliens can generally provide proof of previous departure when attempting to reenter the United States through travel receipts, passport stamps, or other documentation or information accepted at the discretion of the CBP Officer.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">Use of Facial Images and Other Data Collected During the VSRE Pilot</HD>
                <P>
                    CBP will use facial verification technology to compare a live image (“selfie”) submitted by the participant via the CBP Home app with the photos and biographical information from travelers' document(s) 
                    <SU>20</SU>
                    <FTREF/>
                     that the agency already stores. The CBP Home app will attempt to match the captured images with travel document source photos of the traveler stored by the agency.
                    <SU>21</SU>
                    <FTREF/>
                     CBP will temporarily store all facial images captured during this pilot, as well as previously collected traveler and associated document data for one year from the date of collection. CBP will also store liveness information and geolocation information in a secure, standalone database for one year from the date of collection in order to analyze the liveness detection and geolocation capabilities of the technology. CBP will not distribute any biometric data from the standalone database, except for analysis and reporting purposes on the results of the pilot. Data saved for analytical purposes will not contain any personally identifiable information. The traveler's biographic and validated departure date is sent to TECS and ADIS and will be retained according to those system's retention policy.
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         Traveler documents include but are not limited to passports, visas, and trusted traveler radio-frequency identification (RFID) cards such as Border Crossing Cards, Enhanced Driver's Licenses, passport cards, and tribal cards. 
                        <E T="03">See</E>
                         8 CFR 212.1 and 235.1 for complete travel document requirements. Alternatively, an alien can provide their alien registration number.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         As noted above, if the attempt to match the facial image fails, the CBP Home app will alert the user to try again later.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">Eligible Participants</HD>
                <P>Participation in the pilot is voluntary. All aliens in possession of an I-94, exiting the United States may participate by downloading the CBP Home app and providing the required biometrics and other information to CBP. Individuals who choose not to participate should use the current I-94 exit process.</P>
                <HD SOURCE="HD2">Duration of Pilot</HD>
                <P>
                    This voluntary pilot will begin on March 19, 2025 and will run for two years. Any extensions of this pilot program will be announced by a notice published in the 
                    <E T="04">Federal Register</E>
                    .
                    <SU>22</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         TECS is the principal system used by officers at the border to assist with screening and determinations regarding admissibility of arriving persons.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">Analysis of Results</HD>
                <P>CBP will retain the liveness detection results and the selfie photograph from participants for one year after the completion of the pilot. CBP will store the liveness detection results and the selfie in a secure CBP database for analytical purposes. CBP will retain the geolocation information data provided by pilot participants through the CBP Home app in the CBP I-94/Exit database for one year after completion of the pilot and will use the data for analytical purposes only.</P>
                <P>CBP will analyze the results of this pilot to assess the operational feasibility of using facial verification and geolocation to confirm the exit of aliens subject to I-94 requirements. CBP will evaluate the pilot based on several criteria, including:</P>
                <P>• the technology's user-friendliness;</P>
                <P>• the technology's vulnerabilities with regard to “liveness detection” (whether the technology can correctly determine if the photo taken by the user is a live photo as opposed to a previously uploaded photo); and</P>
                <P>• the technology's vulnerabilities with regard to geolocation (whether the technology can correctly determine whether a person is at least three miles outside of the United States at the time the photo is taken and the exit information is submitted to CBP through the CBP Home app).</P>
                <HD SOURCE="HD1">Privacy</HD>
                <P>
                    CBP will ensure that all Privacy Act requirements and applicable DHS privacy policies are adhered to during this pilot.
                    <SU>23</SU>
                    <FTREF/>
                     CBP will issue a Privacy Impact Assessment (PIA) Appendix update to the DHS/CBP/PIA-068 CBP Home Mobile Application to provide transparency on the use of the CBP Home mobile application to self-report a departure from the United States.
                    <SU>24</SU>
                    <FTREF/>
                     CBP will ensure compliance with Privacy Act protections and DHS privacy policies, including DHS's Fair Information Practice Principles (FIPPs). The FIPPs account for the nature and purpose of the information being collected in relation to DHS's mission to preserve, protect and secure the United States. The PIA addresses issues such as the security, integrity, and sharing of data, use limitation and transparency.
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         See 8 U.S.C. 552a and 
                        <E T="03">https://www.dhs.gov/privacy-policy-guidance</E>
                         (last visited March 3, 2025).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         DHS/CBP/PIA -068 and related appendices are available at 
                        <E T="03">https://www.dhs.gov/publication/dhscbppia-068-cbp-one-mobile-application</E>
                         (last visited March 4, 2025).
                    </P>
                </FTNT>
                <P>
                    CBP has also issued System of Records Notices (SORN(s)) that fully encompass all the data that will be collected for the purposes of this pilot, including: DHS/CBP-007 Border Crossing Information (BCI) System of Records, 81 FR 89957 (Dec. 13, 2016); DHS/CBP-021 Arrival and Departure Information System (ADIS), 80 FR 72081 (Nov. 8, 2015); and DHS/CBP-016 Nonimmigrant Information System, 80 FR 13398 (Mar. 13, 2015).
                    <SU>25</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         All of these SORNs are available at 
                        <E T="03">https://www.dhs.gov/system-records-notices-sorns</E>
                         (last visited Feb. 27, 2024).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Paperwork Reduction Act</HD>
                <P>
                    The Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3507(d)) requires that CBP consider the impact of paperwork and other information collection burdens imposed on the public. An agency may not conduct, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number assigned by the Office of Management and Budget. This information collection is covered by 
                    <PRTPAGE P="12756"/>
                    OMB control numbers 1651-0111 and 1651-0138. These information collections have been updated to include information collected by CBP pursuant to this notice.
                </P>
                <HD SOURCE="HD1">Signing Authority</HD>
                <P>
                    Pete Flores, Acting Commissioner, having reviewed and approved this document, has delegated the authority to electronically sign this document to the Director of the Regulations and Disclosure Law Division for CBP, for purposes of publication in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Robert F. Altneu,</NAME>
                    <TITLE>Director, Regulations &amp; Disclosure Law Division, Regulations &amp; Rulings, Office of Trade, U.S. Customs and Border Protection.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04731 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-14-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Transportation Security Administration</SUBAGY>
                <SUBJECT>Extension of Agency Information Collection Activity Under OMB Review: Airport Security Part 1542</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Transportation Security Administration, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>30-Day notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice announces that the Transportation Security Administration (TSA) has forwarded the Information Collection Request (ICR), Office of Management and Budget (OMB) control number 1652-0002, abstracted below to OMB for review and approval of an extension of the currently approved collection under the Paperwork Reduction Act (PRA). The ICR describes the nature of the information collection and its expected burden. The collection includes requirements for airport operators to submit certain information to TSA, as well as to maintain and update records to ensure compliance with security provisions.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Send your comments by April 18, 2025. A comment to OMB is most effective if OMB receives it within 30 days of publication.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to 
                        <E T="03">https://www.reginfo.gov/public/do/PRAMain.</E>
                         Find this particular information collection, OMB control number 1652-0002, by selecting “Currently under Review—Open for Public Comments” and by using the find function.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Christina A. Walsh, TSA PRA Officer, Information Technology, TSA-11, Transportation Security Administration, 6595 Springfield Center Drive, Springfield, VA 20598-6011; telephone (571) 227-2062; email 
                        <E T="03">TSAPRA@tsa.dhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    TSA published a 
                    <E T="04">Federal Register</E>
                     notice, with a 60-day comment period soliciting comments, of the following collection of information on October 4, 2024, 89 FR 80911. TSA did not receive any comments on the notice.
                </P>
                <HD SOURCE="HD1">Comments Invited</HD>
                <P>
                    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    ), an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid OMB control number. The ICR documentation will be available at 
                    <E T="03">https://www.reginfo.gov</E>
                     upon its submission to OMB. Therefore, in preparation for OMB review and approval of the following information collection, TSA is soliciting comments to—
                </P>
                <P>(1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</P>
                <P>(2) Evaluate the accuracy of the agency's estimate of the burden;</P>
                <P>(3) Enhance the quality, utility, and clarity of the information to be collected; and</P>
                <P>(4) Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.</P>
                <HD SOURCE="HD1">Information Collection Requirement</HD>
                <P>
                    <E T="03">Title:</E>
                     Airport Security Part 1542.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Extension of a currently approved collection.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     1652-0002.
                </P>
                <P>
                    <E T="03">Forms(s):</E>
                     NA.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Airport operators.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     The information collection is used to determine compliance with 49 CFR part 1542 and to ensure passenger safety and security by ensuring compliance with airport operator required security procedures. The following information collections and other recordkeeping requirements with which respondent covered airport operators must comply fall under this OMB control number: (1) development of an Airport Security Program (ASP), submission to TSA for review and approval, and implementation; (2) as applicable, development of airport operator-requested or TSA-required ASP amendments and temporary changed conditions, submission to TSA for review and approval, and implementation; (3) collection of data necessary to complete a criminal history records check for those individuals with unescorted access authority to a Security Identification Display Area; (4) submission to TSA of identifying information about individuals to whom the airport operator has issued identification media, such as name, address, and country of birth, in order for TSA to conduct a Security Threat Assessment; and (5) information collection and recordkeeping requirements associated with airport operator compliance with regulations, employees who have access privileges to secured areas of the airport, and compliance with Security Directives issued pursuant to the regulation.
                </P>
                <P>
                    <E T="03">Estimated Number of Respondents:</E>
                     435.
                </P>
                <P>
                    <E T="03">Estimated Annual Burden Hours:</E>
                     2,142,174.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Since the publication of the 60-day notice, TSA has adjusted the annual hour burden from 2,147,899 hours to 2,142,174 hours.
                    </P>
                </FTNT>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Christina A. Walsh,</NAME>
                    <TITLE>TSA Paperwork Reduction Act Officer, Information Technology.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04551 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9110-05-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039639; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Intended Repatriation: Thomas Burke Memorial Washington State Museum, University of Washington, Seattle, WA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Thomas Burke Memorial Washington State Museum (Burke Museum) intends to repatriate a certain cultural item that meets the definition of an unassociated funerary object and that have a cultural affiliation with the Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the cultural item in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <PRTPAGE P="12757"/>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Peter Lape, Burke Museum, University of Washington, Box 353010, Seattle, WA 98195, telephone (206) 685-3849 Ext. 2, email 
                        <E T="03">plape@uw.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the Burke Museum, and additional information on the determinations in this notice, including the results of consultation, can be found in the summary or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>A total of one cultural item has been requested for repatriation. The one unassociated funerary object is a ceramic vessel (Burke Cat. 1965-4/1). The vessel was collected by W.L. Phillips in 1926 from the Gulf Coast, possibly in Mississippi. The vessel was eventually obtained by Floyd Baldwin who then donated it to the Burke Museum in 1965. Baldwin provided a note from W.L. Phillips that stated the vessel was from the “Choctaw Indians” and had been exposed due to a hurricane in 1926, which eroded burial sites along river banks. Phillips provided one photograph of the burial site where he found the vessel, which included human remains. There is no information about whether Phillips collected any other burial material or human remains from this site. There is no documentation that indicates the vessel has been treated with hazardous substances; however, it has not been tested for hazardous contamination.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The Burke Museum has determined that:</P>
                <P>• The one unassociated funerary object described in this notice is reasonably believed to have been placed intentionally with or near human remains, and is connected, either at the time of death or later as part of the death rite or ceremony of a Native American culture according to the Native American traditional knowledge of a lineal descendant, Indian Tribe, or Native Hawaiian organization. The unassociated funerary object has been identified by a preponderance of the evidence as related to human remains, specific individuals, or families, or removed from a specific burial site or burial area of an individual or individuals with cultural affiliation to an Indian Tribe or Native Hawaiian organization.</P>
                <P>• There is a reasonable connection between the cultural item described in this notice and The Choctaw Nation of Oklahoma.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Additional, written requests for repatriation of the cultural item in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.
                </P>
                <P>Repatriation of the cultural item in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the Burke Museum must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the cultural item are considered a single request and not competing requests. The Burke Museum is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice and to any other consulting parties.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3004 and the implementing regulations, 43 CFR 10.9.
                </P>
                <SIG>
                    <DATED>Dated: March 5, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04626 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039555; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Intended Repatriation: Denver Art Museum, Denver, CO</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Denver Art Museum intends to repatriate a certain cultural item that meets the definition of an object of cultural patrimony and that has a cultural affiliation with the Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the cultural item in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Dakota Hoska, Associate Curator of Native Arts, Denver Art Museum, 100 W. 14th Avenue Pkwy, Denver, CO 80201, telephone (720) 913-0161, email 
                        <E T="03">dhoska@denverartmuseum.org.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the Denver Art Museum, and additional information on the determinations in this notice, including the results of consultation, can be found in the summary or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>
                    A total of one cultural item with two distinct pieces has been requested for repatriation. The object of cultural patrimony is a screen with two sections, both sections are made of wood and the culturally significant motifs of ravens are painted on them. The raven motif signals a clan house within the Tlingit community of Sitka Alaska. Because of the motif, we will refer to these two screens, which together form one object, as the Raven Screen throughout this notice. The Raven Screen was obtained by the Denver Art Museum's curator of Native Arts, Mr. Frederick Douglas from Mr. Henry Moses in 1939 through intermediary George Emmons with the intention of exhibiting the screen at the San Francisco World's Fair. Henry Moses was a fur trader living in Hoonah, Alaska who collected other items from this community as well. To our knowledge, Moses was not Indigenous, nor was he a member of a clan or moiety affiliated with these screens and thus would have had no right to possess or sell these items, which were normally passed down generationally within the community through systems of inheritance under Tlingit customary law. It is documented, through photography, that these screens were once positioned on a clan house in Sitka, Alaska and were important to the shared cultural heritage of the Tlingit community living there. As a matrilineal society, screens such as these should pass down to a nephew of the family's matriarch. However, the heritage rights of Alaskan Native communities came into conflict with the Western legal system, which forced many families to relinquish their inherited rights of possession and lose 
                    <PRTPAGE P="12758"/>
                    ownership of their properties and any items associated with them. Henry Moses acquired these items from yet another person who is not specified in our records, but it is clear that at the time these screens were separated from the original knowledge keepers and rightful owners of this property, and at the time they fell into the hands of the unidentified person, the United States Government had so undermined the traditional inheritance systems and enacted measures of such extreme assimilation as to guarantee that these screens were relinquished or abandoned under a situation of extreme duress.
                </P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The Denver Art Museum has determined that:</P>
                <P>• The Raven Screen is an object of cultural patrimony and as described in this notice has ongoing historical, traditional, or cultural importance central to the Native American group, including any constituent sub-group (such as a band, clan, lineage, ceremonial society, or other subdivision), according to the Native American traditional knowledge of an Indian Tribe or Native Hawaiian organization.</P>
                <P>• There is a reasonable connection between the cultural item described in this notice and the Central Council of the Tlingit &amp; Haida Indian Tribe who have upon multiple consultations alerted the DAM to the screen's ongoing cultural significance and their importance in ensuring cultural knowledge persists into the future.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Additional, written requests for repatriation of the cultural item in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.
                </P>
                <P>Repatriation of the cultural item in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the Denver Art Museum must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the cultural item are considered a single request and not competing requests. The Denver Art Museum is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice and to any other consulting parties.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3004 and the implementing regulations, 43 CFR 10.9.
                </P>
                <SIG>
                    <DATED>Dated: February 19, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04606 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039574; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Intended Disposition: U.S. Department of Agriculture, Forest Service, Coronado National Forest, Tucson, AZ</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the U.S. Department of Agriculture, Forest Service, Coronado National Forest intends to carry out the disposition of human remains, associated funerary objects, unassociated funerary objects, sacred objects, or objects of cultural patrimony removed from Federal or Tribal lands to the lineal descendants, Indian Tribe, or Native Hawaiian organization with priority for disposition in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Disposition of the human remains or cultural items in this notice may occur on or after April 18, 2025. If no claim for disposition is received by March 19, 2026, the human remains or cultural items in this notice will become unclaimed human remains or cultural items.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        David Mehalic, Coronado National Forest, Supervisor's Office, 300 W Congress Street, Tucson, AZ 85701, telephone (520) 388-8395, email 
                        <E T="03">david.mehalic@usda.gov.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the Coronado National Forest, and additional information on the human remains or cultural items in this notice, including the results of consultation, can be found in the related records. The National Park Service is not responsible for the identifications in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>
                    The 47 objects of cultural patrimony are ceramic sherds. Eight of the sherds are Mimbres Classic Black-on-white, two sherds are corrugated brownwares, eight sherds are undecorated whitewares, and 29 sherds are undecorated brownwares or buffwares. These materials were gathered from Forest Service site number AR03-05-04-101. This site is informally known as 
                    <E T="03">Hawk Peak Shrine.</E>
                     AR03-05-04-101 contains an oval hole surrounded by a rock ring and cairn and is interpreted to be a shrine associated with Mogollon use of the area. This site is located on the summit of a high-altitude peak in the Pinaleño Mountains, approximately 13 miles southwest of Safford, Arizona. The site is located on lands administered by the Coronado National Forest, in the Safford Vista Ranger District within Graham County, Arizona. On May 23, 2000, four ceramics were gathered from the surface of AR03-05-04-101. In addition to material gathered in 2000, ceramics associated with the site were gathered on October 20, 1987.
                </P>
                <P>
                    Based on the information available, human remains representing, at least, two individuals have been reasonably identified. No associated funerary objects are present. The two individuals were identified in faunal collections at the Arizona State Museum (ASM) associated with Forest Service site number AR03-05-05-213. This site is informally known as the 
                    <E T="03">Romero Site</E>
                     because of the Historic occupation of the Romero Family ca. 1844. The site is also a large Hohokam site with an occupation dating from A.D. 425 to A.D. 1450. The site is located on lands administered by the Coronado National Forest, Santa Catalina Ranger District and permitted to the State of Arizona for Catalina State Park. The site location is in Pima County, AZ.
                </P>
                <P>
                    In 1987, the Institute for American Research (Desert Archaeology) conducted an archaeological collection survey in Catalina State Park, focusing on the site. All artifacts, reports, and photo material were curated at ASM. Additional test excavations were conducted in 1990 and 1993 and all archaeological material was curated at ASM. This collection went through repatriation and disposition by ASM to the Tohono O'odham Nation on behalf of Coronado National Forest in 2009 (ASM #r DP-2009-7). Subsequently, in 2016 ASM conducted a review of the faunal remains from the excavations. The human remains of two individuals were identified in these collections.
                    <PRTPAGE P="12759"/>
                </P>
                <P>
                    Based on the information available, human remains representing, at least, two individuals have been reasonably identified. No associated funerary objects are present. The 4,707 unassociated funerary objects are 4,232 ceramics, 457 pieces of flaked stone, four groundstone fragments, and 14 faunal remains. The two individuals were identified during efforts to restore and stabilize unauthorized excavations at Forest Service site number AR03-05-05-213. This site is informally known as the 
                    <E T="03">Romero Site</E>
                     because of the Historic occupation of the Romero Family ca. 1844. The site is also a large Hohokam site with an occupation dating from A.D. 425 to A.D. 1450. The site is located on lands administered by the Coronado National Forest, Santa Catalina Ranger District and permitted to the State of Arizona for Catalina State Park. The site location is in Pima County, AZ.
                </P>
                <P>The project included the restoration of up to six unauthorized excavations, here referred to as “pits.” The excavations were conducted in accordance with the requirements of an ARPA permit issued by Coronado National Forest to Archaeology Southwest pursuant to the Archaeological Resources Protection Act. On Wednesday April 13, 2022, a team of archaeologists from Archaeology Southwest and Gila River Indian Community excavated the back dirt pile from one pit. The back dirt was screened for artifacts, and large rocks were set aside for later volumetric computation, to be returned to the pit during final backfill and stabilization. Nearly all the back dirt pile had been processed when human remains of what is likely an individual of Native American heritage were found. As per the Forest Service protocol for inadvertent discoveries, all work was stopped at the location and the area was secured with a tarp and large rocks. The team moved to another pit and began the same work processing the back dirt pile. The work continued the following day April 14th and again, the back dirt pile was nearly processed when human remains of what is likely an individual of Native American heritage were found. Again, work was stopped, and the area was secured. Dr. James Watson of the Arizona State Museum confirmed the remains are consistent with human.</P>
                <P>
                    The 436 objects of cultural patrimony are 392 ceramics, one flake, one hammerstone, one deer tooth fragment, one piece of worked wood, six tobacco twigs, one twig segment, nine cane tubes, one saltpeter crystal, two stone mosaic pieces, three shell disk beads, two stone disk beads, 10 turquoise disk beads, one turquoise pendant, one piece of unworked turquoise, and four charcoal samples. Many of the ceramics are sherd disks or modified into secondary vessels. These materials were gathered from Forest Service site number AR03-05-03-78. This site is informally known as 
                    <E T="03">Red Cave.</E>
                     The site is located within a large cave in the Whetstone Mountains, approximately 13 miles southwest of Benson, Arizona. The site is located on lands administered by the Coronado National Forest, in the Sierra Vista Ranger District within Pima County, Arizona.
                </P>
                <P>AR03-05-03-78 contains a water-filled basin where much of the gathered material was deposited. The site is interpreted to be a shrine. The large number of Middle Rincon and Late Rincon red-on-brown pottery suggests the site was used by the Hohokam from A.D. 1000 to A.D. 1150. On February 26, 1993, 16 objects were gathered from AR03-05-03-78: one sherd disk, one unworked sherd, one flake, one hammerstone, three cane tubes, one twig, six tobacco stems, one piece of worked wood, and one piece of charcoal. The tobacco is associated with the cane tube. In addition to material gathered in 1993, sherd disks and other modified sherds, wood fragments, cane tubes, saltpeter, and shell and turquoise beads were collected, totaling 420 objects, between March 18, 1973 and August 8, 1990.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The Coronado National Forest has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of four individuals of Native American ancestry.</P>
                <P>• The 4,707 unassociated funerary objects described in this notice are reasonably believed to have been placed intentionally with or near human remains, and are connected, either at the time of death or later as part of the death rite or ceremony of a Native American culture according to the Native American traditional knowledge of a lineal descendant, Indian Tribe, or Native Hawaiian organization. The unassociated funerary objects have been identified by a preponderance of the evidence as related to human remains, specific individuals, or families, or removed from a specific burial site or burial area of an individual or individuals with cultural affiliation to an Indian Tribe or Native Hawaiian organization.</P>
                <P>• The 483 objects of cultural patrimony described in this notice have ongoing historical, traditional, or cultural importance central to the Native American group, including any constituent sub-group (such as a band, clan, lineage, ceremonial society, or other subdivision), according to the Native American traditional knowledge of an Indian Tribe or Native Hawaiian organization.</P>
                <P>• The Ak-Chin Indian Community; Gila River Indian Community of the Gila River Indian Reservation, Arizona; Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona and the Tohono O'odham Nation of Arizona have priority for disposition of the human remains or cultural item described in this notice.</P>
                <HD SOURCE="HD1">Claims for Disposition</HD>
                <P>
                    Written claims for disposition of the human remains or cultural items in this notice must be sent to the appropriate official identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . If no claim for disposition is received by March 19, 2026, the human remains or cultural items in this notice will become unclaimed human remains or cultural items. Claims for disposition may be submitted by:
                </P>
                <P>1. Any lineal descendant, Indian Tribe, or Native Hawaiian organization identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that they have priority for disposition.</P>
                <P>Disposition of the human remains or cultural items in this notice may occur on or after April 18, 2025. If competing claims for disposition are received, the Coronado National Forest must determine the most appropriate claimant prior to disposition. Requests for joint disposition of the human remains or cultural items are considered a single request and not competing requests. The Coronado National Forest is responsible for sending a copy of this notice to the lineal descendants, Indian Tribes, and Native Hawaiian organizations identified in this notice and to any other consulting parties.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3002, and the implementing regulations, 43 CFR 10.7.
                </P>
                <SIG>
                    <DATED>Dated: February 19, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04611 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12760"/>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039644; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Peabody Museum of Archaeology and Ethnology, Harvard University (PMAE) has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice. The human remains were collected at the Uintah and Ouray Agency, Uintah County, UT, Sherman Institute, Riverside County, CA, University of New Mexico, Alburquerque County, NM, and U.S. Indian Vocational School, Alburquerque County, NM.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Jane Pickering, Peabody Museum of Archaeology and Ethnology, Harvard University, 11 Divinity Avenue, Cambridge, MA 02138, telephone (617) 496-2374, email 
                        <E T="03">jpickering@fas.harvard.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the PMAE, and additional information on the determinations in this notice, including the results of consultation, can be found in the inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Based on the information available, human remains representing, at minimum, one individual was collected at the Uintah and Ouray Agency, Uintah County, UT. The human remains are hair clippings collected from one individual who was recorded as being 37 years old and identified as “Ute.” H.M. Tidwell took the hair clippings at the Uintah and Ouray Agency between 1930 and 1933. Tidwell sent the hair clippings to George Woodbury, who donated the hair clippings to the PMAE in 1935. No associated funerary objects are present.</P>
                <P>Based on the information available, human remains representing, at minimum, six individuals were collected at the Sherman Institute, Riverside County, CA. The human remains are hair clippings collected from three individuals who were recorded as being 21 years old, one individual who was recorded as being 18 years old, one individual recorded as being 16 years old, and one individual with an unknown age and identified as “Ute.” Samuel H. Gilliam took the hair clippings at the Sherman Institute between 1930 and 1933. Gilliam sent the hair clippings to George Woodbury, who donated the hair clippings to the PMAE in 1935. No associated funerary objects are present.</P>
                <P>Based on the information available, human remains representing, at minimum, one individual was collected at the University of New Mexico, Alburquerque County, NM. The human remains are hair clippings collected from one individual who was recorded as being 14 years old and identified as “Ute.” Dr. Clyde Kay Maben Kluckhohn took the hair clippings at the University of New Mexico between 1930 and 1933. Kluckhohn sent the hair clippings to George Woodbury, who donated the hair clippings to the PMAE in 1935. No associated funerary objects are present.</P>
                <P>Based on the information available, human remains representing, at minimum, one individual was collected at the U.S. Indian Vocational School, Alburquerque County, NM. The human remains are hair clippings collected from one individual who was recorded as being 15 years old and identified as “Ute.” Reuben Perry took the hair clippings at the U.S. Indian Vocational School between 1930 and 1933. Perry sent the hair clippings to George Woodbury, who donated the hair clippings to the PMAE in 1935. No associated funerary objects are present.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the available information and the results of consultation, cultural affiliation is clearly identified by the information available about the human remains described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The PMAE has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of nine individuals of Native American ancestry.</P>
                <P>• There is a reasonable connection between the human remains described in this notice and the Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado; Ute Indian Tribe of the Uintah &amp; Ouray Reservation, Utah; and the Ute Mountain Ute Tribe.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the Responsible Official identified in 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.</P>
                <P>Repatriation of the human remains in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the PMAE must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. The PMAE is responsible for sending a copy of this notice to the Indian Tribe identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: March 5, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04631 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039529; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Intended Repatriation: University of California, Berkeley, Berkeley, CA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the University of California, Berkeley intends to repatriate certain cultural items that meet the definition of unassociated funerary objects and that have a cultural affiliation with the Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <PRTPAGE P="12761"/>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the cultural items in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Alexandra Lucas, Repatriation Coordinator, Government and Community Relations, Office of the Chancellor. University of California, Berkeley, 200 California Hall, Berkeley, CA 94720, telephone (510) 570-0964, email 
                        <E T="03">nagpra-ucb@berkeley.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the University of California, Berkeley and additional information on the determinations in this notice, including the results of consultation, can be found in the summary or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>A total of 32 cultural items have been requested for repatriation.</P>
                <P>In 1940, Francis A. Riddell and Harry Starr Riddell Jr. collected two lots of unassociated funerary objects from CA-SAC-166 in Sacramento County, CA. These unassociated funerary objects are ground stone. Francis A. Riddell donated these unassociated funerary objects to the Lowie Museum (today the Phoebe A. Hearst Museum of Anthropology) in 1951.</P>
                <P>In 1952, Robert Fleming Heizer removed one lot of unassociated funerary objects from CA-SAC-166. The unassociated funerary object is a core. In May 1952, the Lowie Museum appropriated the unassociated funerary object from the University of California Archaeological Survey. Robert Fleming Heizer and Albert B. Elsasser removed four lots of unassociated funerary objects from CA-SAC-166 in June 1953.</P>
                <P>In July 1953, the Lowie Museum appropriated these four unassociated funerary objects from the University of California Archaeological Survey via Albert B. Elsasser. The four lots of unassociated funerary objects are stone tools and lithics.</P>
                <P>In October 1946, numerous individuals removed 16 lots of unassociated funerary objects from CA-SAC-172 in Sacramento County, CA. On September 12, 1952 the Lowie Museum appropriated the 16 lots of unassociated funerary objects from the University of California Archaeological Survey via Albert B. Elsasser. The 16 lots of unassociated funerary objects are baked clay, beads, ocher, stone tools, and shell ornaments.</P>
                <P>In 1932, Jeremiah B. Lillard (Sacramento County Board of Education), collected one lot of unassociated funerary objects from Del Paso Mound, Sacramento County, California. The one lot of unassociated funerary objects are beads. The University of California Museum of Anthropology (today the Phoebe A. Hearst Museum of Anthropology) accessioned the one lot of unassociated funerary objects in 1942.</P>
                <P>Between 1932 and 1937, four lots of unassociated funerary objects were removed from the area of Fair Oaks, Sacramento County, California. The four lots of unassociated funerary objects are ground stone, projectile points, and discoidal. In 1942, Jeremiah B. Lillard (Sacramento County Board of Education) donated the four lots of unassociated funerary objects to the University of California Museum of Anthropology (today the Phoebe A. Hearst Museum of Anthropology).</P>
                <P>In 1937, Francis A. Riddell removed one lot of unassociated funerary objects from the Folsom area of Sacramento County, California. The one lot of unassociated funerary objects are beads. Francis A. Riddell donated the 3 lots of unassociated funerary objects to the University of California Museum of Anthropology in 1949.</P>
                <P>In 1932, two lots of unassociated funerary objects were removed from Folsom, Sacramento County, California and donated to the University of California Museum of Anthropology (today the Phoebe A. Hearst Museum of Anthropology) by Jeremiah B. Lillard (Sacramento County Board of Education) in 1942. The two lots of unassociated funerary objects are ground stone.</P>
                <P>In 1922 Hermann R. Steinbach removed one lot of unassociated funerary objects from Natomas Mound, Sacramento County, California. The one lot of unassociated funerary objects are beads. Jesse Peter donated the one lot of unassociated funerary objects to the University of California, Berkeley in 1922.</P>
                <P>Collections and collection spaces at the Phoebe A Hearst Museum of Anthropology were treated with substances for preservation and pest control, some potentially hazardous. No records have been found to date at the Museum to indicate whether or not chemicals or natural substances were used prior to 1960.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The University of California, Berkeley has determined that:</P>
                <P>• The 32 unassociated funerary objects described in this notice are reasonably believed to have been placed intentionally with or near human remains, and are connected, either at the time of death or later as part of the death rite or ceremony of a Native American culture according to the Native American traditional knowledge of a lineal descendant, Indian Tribe, or Native Hawaiian organization. The unassociated funerary objects have been identified by a preponderance of the evidence as related to human remains, specific individuals, or families, or removed from a specific burial site or burial area of an individual or individuals with cultural affiliation to an Indian Tribe or Native Hawaiian organization.</P>
                <P>• There is a reasonable connection between the cultural items described in this notice and the Shingle Springs Band of Miwok Indians, Shingle Springs Rancheria (Verona Tract), California.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Additional, written requests for repatriation of the cultural items in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.
                </P>
                <P>Repatriation of the cultural items in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the University of California, Berkeley must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the cultural items are considered a single request and not competing requests. The University of California, Berkeley is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice and to any other consulting parties.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3004 and the implementing regulations, 43 CFR 10.9.
                </P>
                <SIG>
                    <DATED>Dated: February 11, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04465 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12762"/>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039554; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: U.S. Department of the Interior, Fish and Wildlife Service, Alaska Region, Anchorage, AK</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the U.S. Department of the Interior, Fish and Wildlife Service, Alaska Region (USFWS), with assistance from the University of Alaska Museum of the North and the Museum of the Aleutians has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains and associated funerary objects in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Jeremy M. Karchut, Regional Historic Preservation Officer/Archaeologist, U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Anchorage, AK 99503, telephone, (907) 786-3399, email 
                        <E T="03">jeremy_karchut@fws.gov.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the USFWS, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Human remains representing, at least, 67 individuals have been identified. The 338 associated funerary objects are from Agattu Island: a worked piece of ivory, a lot of five animal bones; from Amchitka Island: eight animal bones or fragments, two shells, four wedges, one punch, 11 pieces of worked bone, five awls, one needle fragment, one animal tooth, one pendant, two adze, one graver, 16 flakes or flake lots, one cobble, three cores, 13 hammerstones, one hand stone, one hafted hammer, three harpoon fragments, four worked stones, one net weight, two abraders, nine scrapers, one chopper, one piece of ochre, two lamps, one dish fragment, five knives, two bark samples, three soil samples, 25 lots of animal bone, one bone cup, 13 wedges, 11 pieces of worked bone, one seal figurine, six bone points, four harpoon heads, three harpoon foreshafts, two awls, one animal tooth, eight pendants, one labret, two adzes, seven blades, 14 flakes, 10 cobbles, eight hammerstones, one burin, one whetstone, one ulu, six worked stones, four abraders, one scraper, five knife handles, one piece of worked ivory, one lamp, one knife, two soil samples, five hammerstones, four wedges, one ulu blade, one worked bone, one bone scraper, one gouge, one abrader, two fire drill bit, one adze, one projectile point, one end scraper, one wedge, one ground slate fragment, one harpoon head fragment, from Sheyma Island: one bone meat hook, one lot of animal bones, from Buldir Island: 13 projectile points, four bifaces, 29 blades, two scrapers, three worked stones, three unworked stones, two knives, four flakes, one harpoon head, one bone fragment, one handle, one dart, and one worked bone. The human remains and associated funerary objects were removed from archeological sites on Agattu Island, Amchitka Island, Shemya Island, Little Kiska Island, Nizki Island, Adak Island, Buldir Island, and Attu Island.</P>
                <P>On Agattu Island in the Aleutians West Census Area, AK prior to 1968 human remains representing, at minimum, five individuals were removed. According to records at the University of Alaska Museum of the North, these remains were collected by Robert Jones from the surface of a beach and had eroded from a nearby archaeological site. Correspondence in the accession file states that the remains originate from a site that Ales Hrdlicka excavated at prior to World War II. The remains were transferred to the museum in 1968, where they are still housed today and represent two adult males, one adult female, and two juveniles. No known individuals were identified.</P>
                <P>On Amchitka Island in the Aleutians West Census Area, AK in 1968, 1969, and 1971 human remains representing, at minimum, 31 individuals (22 adults and nine juveniles) and 269 associated funerary objects were removed from 12 archaeological sites and two unknown locations by William S. Laughlin, Richard Sense, Roger Desautels, and/or John Cook during archaeological survey, testing, and excavation for the Atomic Energy Commission. The complete history of where these human remains and associated funerary objects were stored in the past is unknown, but they are currently split between the University of Alaska Museum of the North in Fairbanks, AK and the Museum of the Aleutians in Unalaska, AK. The archaeological site numbers and corresponding MNI for all 31 individuals removed during work conducted for the Atomic Energy Commission are as follows: one adult individual from RAT-00003, one adult individual from RAT-00006, two adults and one juvenile individual from RAT-00010, one adult individual from RAT-00011, one adult individual from RAT-00013, three adult individuals and one juvenile individual from RAT-00014, one adult individual from RAT-00015, one adult individual from RAT-00023, three adult and five juvenile individuals from RAT-00029, one adult individual from RAT-031, one adult individual from RAT-00032, three adult individuals and one juvenile individual from RAT-00035, one adult individual from RAT-00036, and two adults and one juvenile from unknown locations. No known individuals were identified.</P>
                <P>In 1969 human remains representing, at minimum, one juvenile individual was removed from an unknown location on Amchitka Island in the Aleutians West Census Area, AK. The exact location where these remains were collected is unknown, but they were collected by Bob West of Walsh &amp; Co. contractors during excavation of sea otter pens. These remains represent one juvenile individual and were placed at the University of Alaska Museum of the North in 1975 where they are still housed today. No associated funerary objects are present for this individual.</P>
                <P>Prior to 1958 human remains representing, at minimum, three individuals were removed from St. Makarius Point on Amchitka Island in the Aleutians West Census Area, AK. These remains were collected from an unknown archaeological site located on top of a bluff and uncovered during construction activities related to a United States Coast Guard Loran Station built on the site. According to records at the University of Alaska Museum of the North, these human remains were transferred to the museum in 1958 where they are still housed today and represent three adult males. No known individuals were identified. No associated funerary objects are present.</P>
                <P>
                    In 1957 human remains representing, at minimum, three individuals were removed from St. Makarius Point on Amchitka Island in the Aleutians West Census Area, AK. The exact location where these remains were collected is unknown, and there is little information regarding the circumstances 
                    <PRTPAGE P="12763"/>
                    surrounding their removal. According to records at the University of Alaska Museum of the North, these human remains were collected by K. W. Kenyon possibly during biological work being conducted on the island, who then transferred them to the museum where they are still housed today. These human remains represent one adult male and two juveniles. No known individuals were identified. No associated funerary objects are present.
                </P>
                <P>On Shemya Island in the Aleutians West Census Area, AK human remains representing, at minimum one adult individual were removed. The exact location where these remains were collection is unknown, and there is little information regarding the circumstances surrounding their removal. These remains are housed at the Museum of the Aleutians in Unalaska, AK. No known individuals were identified. No associated funerary objects are present.</P>
                <P>Prior to 1946 human remains representing, at minimum, four adult individuals were removed from Shemya Island in the Aleutians West Census Area, AK. The exact location where these remains were collected is unknown, and there is little information regarding the circumstances surrounding their removed. These remains were transferred to the Peabody Museum of Archaeology and Ethnology at Harvard University by Louis G. Fonda in 1946. These remains were transferred again in 2017 to the University of Alaska Museum of the North in Fairbanks, AK where they are still housed today. No known individuals were identified. A single associated funerary object was present.</P>
                <P>Prior to 1962 human remains representing, at minimum, one adult individual were removed from Shemya Island in the Aleutians West Census Area, AK. The exact location where these remains were collected is unknown, and there is little information regarding the circumstances surrounding their removal. According to records at the University of Alaska Museum of the North, these human remains were transferred to the museum by Cynthia Goodwin in 1962 where they are still housed today. No known individuals were identified. One associated funerary object was present.</P>
                <P>In 1963 human remains representing, at minimum, three individuals were removed from Shemya Island in the Aleutians West Census Area, AK. The exact location where these remains were collected is unknown, but they were removed from the east side of the island by M. M. Perry during construction activities. These remains represent one adult female and two juvenile individuals and were transferred to the University of Alaska Museum of the North in 1964 where they are still housed today. No associated funerary objects are present for this individual.</P>
                <P>In 1965 human remains representing, at minimum, eight individuals were removed from Shemya Island in the Aleutians West Census Area, AK. According to records at the University of Alaska Museum of the North, these remains were collected from at least two archaeological sites on the island by Mike Aamodt. One adult individual was removed from a location labeled as the North-Northeast site, which was actually located on the east coast of the island and has since been destroyed by construction activities. Three adult and one juvenile individual were removed from a location labeled as the Northeast site which was on the far northeast corner of the island. This site has also subsequently been destroyed by construction activities on the island. Two adult and one juvenile individual were removed from unknown locations on the island. All eight individuals were transferred to the University of Alaska Museum of the North in 1965 where they are still housed today. No known individuals were identified. No associated funerary objects are present.</P>
                <P>On Little Kiska Island in the Aleutians West Census Area, AK prior to 1951 human remains representing, at minimum, one individual were removed. The exact location where these remains were collected is unknown, and there is little information regarding the circumstances surrounding their removal. According to records at the University of Alaska Museum of the North, these human remains were transferred to the museum by Arnold Akers in 1951, where they are still housed today. These human remains represent one adult female aged 21-35 years. No known individuals were identified. No associated funerary objects are present.</P>
                <P>On Nizki Island in the Aleutians West Census Area, AK in 1976 human remains representing, at minimum, one individual were removed. According to records at the University of Alaska Museum of the North, these remains were collected from the surface of an unknown archaeological site on the west end of the island during biological survey carried out by John L. Trapp with the United State Fish and Wildlife Service. These human remains were transferred to the museum 1976 where they are still housed today and represent one female aged 15-20 years. No known individuals were identified. No associated funerary objects are present.</P>
                <P>On Adak Island in the Aleutians West Census Area, AK prior to 1946 human remains representing, at minimum, one individual were removed. The exact location where these remains were collected is unknown, and there is little information regarding the circumstances surrounding their removal. According to records at the University of Alaska Museum of the North, these human remains were found in the back of an abandoned Navy truck associated with Adak Naval Air Station. A Navy intelligence investigation was conducted but no conclusions were reached as to the person's identity, antiquity, or if foul play was involved. Without evidence otherwise, these remains were likely taken from an unknown archaeological site on the island. These remains were transferred to Ivar Skarland at the museum in 1946, where they are still housed today. These human remains represent one adult male aged 21-35 years. No known individuals were identified. No associated funerary objects are present.</P>
                <P>On Buldir Island in the Aleutians West Census Area, AK in 1974 human remains representing, at minimum, two individuals were removed. These remains were collected from the ground surface of an unknown archaeological site on the northwest beach of the island. According to records at the University of Alaska Museum of the North, these human remains were collected during the course of biological surveys being completed by G. Vernon Byrd, Matthew H. Dick, and Christian P. Dau with the United States Fish and Wildlife Service. The remains were transferred to the museum in 1975 where they are still housed today and represent one adult male aged 21-30 years and one juvenile male aged 13-17 years. No known individuals were identified. Sixty-five associated funerary objects are present.</P>
                <P>On Attu Island in the Aleutians West Census Area, AK in 2002 humans remains representing, at minimum, one individual were removed from an archaeological site (ATU-00014) by Debra Corbett, with the Alaska Region U.S. Fish and Wildlife Service at the time. These remains were transferred from Anchorage, AK to the University of Alaska Museum of the North in Fairbanks, AK in 2016 and were subsequently identified and pulled from the archaeological collection during rehousing and cataloging activities. No known individuals were identified. No associated funerary objects are present.</P>
                <P>
                    All 67 individuals and 338 associated funerary objects removed from these islands are believed to be associated with the modern-day populations of 
                    <PRTPAGE P="12764"/>
                    Atka Island and the Aleut Corporation. There are no associated radiocarbon dates for these human remains and associated funerary objects. The burial context and physical traits of the human remains are consistent with those observed for pre-contact Aleut populations. Skeletal morphology of present-day Aleut populations is similar to that of pre-contact Aleut populations and demonstrates biological affiliation between present-day Aleut groups and pre-contact populations in the Aleutian Islands. For these reasons the human remains and associated funerary objects removed Agattu Island, Amchitka Island, Shemya Island, Little Kiska Island, Nizki Island, Adak Island, Buldir Island, and Attu Island and described above are determined to be directly related to Alaska Native tribal members residing in Atka, AK today.
                </P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains and associated funerary objects described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The USFWS has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of 67 individuals of Native American ancestry.</P>
                <P>• The 338 objects described in this notice are reasonably believed to have been placed intentionally with or near individual human remains at the time of death or later as part of the death rite or ceremony.</P>
                <P>• There is a connection between the human remains and associated funerary objects described in this notice and the Native Village of Atka.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains and associated funerary objects in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains and associated funerary objects described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the USFWS must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains and associated funerary objects are considered a single request and not competing requests. The USFWS is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 19, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04464 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039527; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Intended Disposition: Marine Corps Base Hawaii Kaneohe Bay, Kaneohe Bay, HI</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Marine Corps Base Hawaii (MCBH) Kaneohe Bay intends to carry out the disposition of human remains removed from Federal or Tribal lands to the lineal descendants, Indian Tribe, or Native Hawaiian organization with priority for disposition in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Disposition of the human remains in this notice may occur on or after April 18, 2025. If no claim for disposition is received by March 19, 2026, the human remains in this notice will become unclaimed human remains.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        June Cleghorn, Senior Cultural Resources Manager, Environmental Compliance and Protection Division, Marine Corps Base Hawaii Kaneohe Bay, Box 6300, Kaneohe Bay, HI 96863-3002, telephone (808) 496-7126, email 
                        <E T="03">june.cleghorn@usmc.mil.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of MCBH, and additional information on the human remains in this notice, including the results of consultation, can be found in the related records. The National Park Service is not responsible for the identifications in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Based on the information available, human remains representing, at least, one individual has been reasonably identified. No associated funerary objects are present. MCBH recorded one discovery of likely Native Hawaiian human skeletal remains (or iwi kupuna) at MCBH Kaneohe Bay. The individual represented by this discovery was encountered during archaeological testing on January 24, 2024 on MCBH Kaneohe Bay in Honolulu County, HI. There was no evidence of associated archaeological features or material. Additional details can be found in the related record of consultation.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>MCBH has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of one individual of Native Hawaiian ancestry.</P>
                <P>• The following Native Hawaiian organizations have priority for disposition of the human   remains described above in this notice: Anuhea Diamond, Kaulamealani Diamond; Diamond `Ohana; Skye Razon-Olds, Manu Napoleon, Kaleleonalani Napoleon; Olds `Ohana; Emalia Keohokalole, Adrian Keohokalole; Keohokalole `Ohana; Na'u Kamali'i; Boyd `Ohana; Donna Ann Camvel; Paoa Kea Lono `Ohana; Cy Harris; Kekumano `Ohana; Terrilee Napua Kekoolani Raymond; Keko'olani `Ohana; Malia Newhouse, Ko'olauloa Hawaiian Civic Club; Clive Cabral; Temple of Lono; Office of Hawaiian Affairs; and Oahu Island Burial Council.</P>
                <HD SOURCE="HD1">Claims for Disposition</HD>
                <P>
                    Written claims for disposition of the human remains in this notice must be sent to the appropriate official identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . If no claim for disposition is received by March 19, 2026, the human remains in this notice will become unclaimed human remains. Claims for disposition may be submitted by:
                </P>
                <P>1. Any lineal descendant, Indian Tribe, or Native Hawaiian organization identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that they have priority for disposition.</P>
                <P>
                    Disposition of the human remains in this notice may occur on or after April 
                    <PRTPAGE P="12765"/>
                    18, 2025. If competing claims for disposition are received, the MCBH must determine the most appropriate claimant prior to disposition. Requests for joint disposition of the human remains are considered a single request and not competing requests. The MCBH is responsible for sending a copy of this notice to the lineal descendants, Indian Tribes, and Native Hawaiian organizations identified in this notice and to any other consulting parties.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3002, and the implementing regulations, 43 CFR 10.7.
                </P>
                <SIG>
                    <DATED>Dated: February 11, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04462 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039523; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: Museum of Osteopathic Medicine, Kirksville, MO</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Museum of Osteopathic Medicine (MOM) has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Museum of Osteopathic Medicine, 800 W Jefferson Street, Kirksville, MO 63504, telephone (660) 626-2359, email 
                        <E T="03">museum@atsu.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the MOM, and additional information on the determinations in this notice, including the results of consultation, can be found in the inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Based on the information available, human remains representing, at least, two individuals have been reasonably identified. No associated funerary objects are present. The individuals were owned by Andrew Taylor Still and include parts of skeletons used by Still in his development of Osteopathy, acquired by Still in the Eastern Kansas, Western Missouri area and possible cultural affiliation with the Shawnee Tribe.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The Museum of Osteopathic Medicine has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of two individuals of Native American ancestry.</P>
                <P>• There is a reasonable connection between the human remains described in this notice and the Shawnee Tribe.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.</P>
                <P>Repatriation of the human remains in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the MOM must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. The MOM is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 11, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04458 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039603; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: University of Pennsylvania Museum of Archaeology and Anthropology, Philadelphia, PA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the University of Pennsylvania Museum of Archaeology and Anthropology (Penn Museum) has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Dr. Christopher Woods, Williams Director, University of Pennsylvania Museum of Archaeology and Anthropology, 3260 South Street, Philadelphia, PA 19104-6324, telephone (215) 898-4050, email 
                        <E T="03">director@pennmuseum.org.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the Penn Museum, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>
                    Human remains representing, at least, one individual has been identified. No associated funerary objects are present. The human remains are the cranium of one individual recorded as an adolescent (age 12-15 years) of an unknown sex. Prior to 1840, the human remains were recovered by Dr. Paul Swift under unknown circumstances from an unknown location, probably Maine. Dr. Swift lived in Nantucket, where he practiced medicine, until he 
                    <PRTPAGE P="12766"/>
                    moved his practice to Philadelphia, PA, in 1841. In 1840, the human remains were transferred to Dr. Samuel G. Morton and were stored with his collection at the Academy of Natural Sciences in Philadelphia (ANSP). Dr. Morton died in 1851, and in 1853, the ANSP purchased his collection, including these human remains. In 1966, Dr. Morton's collection was loaned to the Penn Museum, and in 1997, the collection was formally gifted to the Penn Museum (PM# 97-606-105). There is no known presence of any potentially hazardous substances.
                </P>
                <P>Published sources and museum records identified the human remains as Penobscot. Consultation with the Maine Wabanaki Intertribal Repatriation Committee, an organization that represents the four federally recognized tribes in Maine (Houlton Band of Maliseet Indians, Mi'kmaq Nation, Passamaquoddy Tribe (Indian Township and Pleasant Point), and Penobscot Nation) on matters of repatriation has led to the determination that the human remains are culturally affiliated with all four tribes geographically. Based on the wishes of the Tribes, the Penn Museum supports the disposition of the human remains described in this notice to be made collectively to the Houlton Band of Maliseet Indians, Mi'kmaq Nation, Passamaquoddy Tribe (Indian Township and Pleasant Point), and Penobscot Nation, as represented by the Maine Wabanaki Intertribal Repatriation Committee.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The Penn Museum has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of one individual of Native American ancestry.</P>
                <P>
                    • There is a connection between the human remains and the Houlton Band of Maliseet Indians; Mi'kmaq Nation (
                    <E T="03">previously</E>
                     listed as Aroostook Band of Micmacs); Passamaquoddy Tribe; and the Penobscot Nation.
                </P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the Penn Museum must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. The Penn Museum is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 25, 2025</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04637 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039643; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: U.S. Department of the Interior, Bureau of Reclamation, California—Great Basin Region, Sacramento, CA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the U.S. Department of the Interior, Bureau of Reclamation (Reclamation) has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and the Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains and associated funerary objects in this notice may occur on or after April 17, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Dr. Melanie Ryan, Bureau of Reclamation, California—Great Basin Regional Office, 2800 Cottage Way, Sacramento, CA 95825, telephone (916) 978-5526, email 
                        <E T="03">emryan@usbr.gov.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of Reclamation, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Human remains representing, at least, one individual has been identified. The seven associated funerary objects are one basalt scraper plane, one piece of miscellaneous groundstone, and five pieces of mixed debitage. Site CA-SIS-259 (Sheepy East 1) is located on a low mound on the northeast shore of Lower Klamath Lake, Siskiyou County, California. The site is located on U.S. Fish and Wildlife Service (the Service) lands on which Reclamation maintains water facilities and administers a land leasing program under a cooperative agreement with the Service. On March 12, 2024, the Service formally transferred ownership of the collection from CA-SIS-259 to Reclamation.</P>
                <P>In 1984, the Far Western Anthropological Research Group, Inc., while under contract to Reclamation, conducted test excavations to evaluate the site for listing on the National Register of Historic Places. No burials were recorded during the excavation. However, six pieces of disassociated human bone were found. Seven items were found in the same unit and level as the remains and they are included as associated funerary objects because of their proximity to the remains.</P>
                <P>In 1995, UC Davis completed a NAGPRA inventory and Notice of Inventory Completion for site CA-SIS-259 that was submitted to the National NAGPRA Program as part of an agreement with Reclamation. In 2006, Reclamation withdrew the Notice of Inventory Completion to confirm land status and possession or control authority. The collection was curated at the University of California Davis, Davis, CA (UC Davis) under Accession Number 367 until it was transferred to a secure Reclamation facility nearby in 2023.</P>
                <P>
                    The earliest occupation of CA-SIS-259, a temporary camp, dates to approximately A.D. 250 (McGuire 1985:i, 33). In addition to the presence of time-sensitive Gunther Barbed projectile points and beads, dates derived from radiocarbon analysis of 
                    <PRTPAGE P="12767"/>
                    nonhuman bone collagen and obsidian hydration, places the occupation of the site between A.D. 250 and 1350, with the most intense occupation occurring around A.D. 1300 (McGuire (1985:i, 33).
                </P>
                <P>There is a reasonably clear line of relationship with the Modoc Nation at this site, based upon the subsistence practices represented (McGuire 1985:55-60). Although archaeological and linguistic evidence indicates that other groups may have traveled through the area during this time (McGuire 1985:61-62, Bettinger 1995:6), the radiocarbon date of A.D. 1340 and a subsistence pattern that includes intensive fish and antelope processing indicate that the human remains recovered from site CA-SIS-259 are most likely affiliated with the Modoc Nation.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is clearly identified by the information available about the human remains and associated funerary objects described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>Reclamation has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of one individual of Native American ancestry.</P>
                <P>• The seven objects described in this notice are reasonably believed to have been placed intentionally with or near individual human remains at the time of death or later as part of the death rite or ceremony.</P>
                <P>• There is a reasonable connection between the human remains described in this notice and the Klamath Tribes and the Modoc Nation.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains and associated funerary objects in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.</P>
                <P>Repatriation of the human remains and associated funerary objects in this notice to a requestor may occur on or after April 17, 2025. If competing requests for repatriation are received, the Bureau of Reclamation must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains and associated funerary objects are considered a single request and not competing requests. The Bureau of Reclamation is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: March 5, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04630 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039598; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: Grand Rapids Public Museum, Grand Rapids, MI</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Grand Rapids Public Museum has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains and associated funerary objects in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Alex Forist, Grand Rapids Public Museum, 272 Pearl Street NW, Grand Rapids, MI 49504 telephone (616) 929-1809, email 
                        <E T="03">aforist@grpm.org.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the Grand Rapids Public Museum and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Human remains representing, at least, one individual have been identified. The 14 associated funerary objects include one lot of bone and stone tools, one lot of shards, one lot of flint chips, and one lot of animal bones. The ancestral remains and related objects were acquired in 1878 from a burial mound in Sioux Falls, Minnehaha County, South Dakota excavated by Elliott H. Crane (b.1840-d. 1917). On July 10, 1917, the Grand Rapids Public Museum purchased a substantial number of objects from the Crane Estate. Crane was a collector and proprietor of Crane's Museum in Grand Rapids who excavated mounds in the Midwest in the late 1800s. Thomas Porter (b. 1827-d. 1911) an artist in Grand Rapids made a sketch of the mound.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains and associated funerary objects described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The Grand Rapids Public Museum has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of a minimum of one individual of Native American ancestry.</P>
                <P>• The 14 objects described in this notice are reasonably believed to have been placed intentionally with or near individual human remains at the time of death or later as part of the death rite or ceremony.</P>
                <P>
                    • There is a connection between the human remains and associated funerary objects described in this notice and the Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota; Crow Creek Sioux Tribe of the Crow Creek Reservation, South Dakota; Flandreau Santee Sioux Tribe of South Dakota; Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota; Lower Sioux Indian Community in the State of Minnesota; Oglala Sioux Tribe; Omaha Tribe of Nebraska; Prairie Island Indian Community in the State of Minnesota; Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota; Santee Sioux Nation, Nebraska; Shakopee Mdewakanton Sioux Community of Minnesota; Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, South Dakota; Standing Rock Sioux Tribe of North &amp; South Dakota; Three Affiliated Tribes of the Fort Berthold Reservation, North 
                    <PRTPAGE P="12768"/>
                    Dakota; Upper Sioux Community, Minnesota; Winnebago Tribe of Nebraska; and the Yankton Sioux Tribe of South Dakota.
                </P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains and associated funerary objects in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains and associated funerary objects described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the Grand Rapids Public Museum must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains and associated funerary objects are considered a single request and not competing requests. The Grand Rapids Public Museum is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 25, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04616 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039564; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Intended Repatriation: Philadelphia Museum of Art, Philadelphia, PA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Philadelphia Museum of Art (PMA) intends to repatriate certain cultural items that meet the definition of sacred objects and objects of cultural patrimony and that have a cultural affiliation with the Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the cultural items in this notice may occur on or after April 17, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Cathy Herbert, Philadelphia Museum of Art, 2600 Benjamin Franklin Parkway, Philadelphia, PA 19130, telephone (215) 684-7713, email 
                        <E T="03">Cathy.Herbert@philamuseum.org.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the PMA, and additional information on the determinations in this notice, including the results of consultation, can be found in the summary or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>A total of two cultural items have been requested for repatriation. The two sacred objects/objects of cultural patrimony are a girl's dress (PMA# 2019-161-1) and a tobacco bag (PMA# 2019-161-2). The two items were donated to the PMA in 2019 by Philadelphia-area collectors Donald J. and Nancy J. Resnick. The donors did not possess provenance information or other documentation concerning the objects, which they had purchased from an unidentified vendor on the art market many years prior.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The PMA has determined that:</P>
                <P>• The two sacred objects/objects of cultural patrimony described in this notice are, according to the Native American traditional knowledge of an Indian Tribe or Native Hawaiian organization, specific ceremonial objects needed by a traditional Native American religious leader for present-day adherents to practice traditional Native American religion, and have ongoing historical, traditional, or cultural importance central to the Native American group, including any constituent sub-group (such as a band, clan, lineage, ceremonial society, or other subdivision).</P>
                <P>• There is a reasonable connection between the cultural items described in this notice and the Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Montana.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Additional, written requests for repatriation of the cultural items in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.
                </P>
                <P>Repatriation of the cultural items in this notice to a requestor may occur on or after April 17, 2025. If competing requests for repatriation are received, the PMA must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the cultural items are considered a single request and not competing requests. The PMA is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice and to any other consulting parties.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3004 and the implementing regulations, 43 CFR 10.9.
                </P>
                <SIG>
                    <DATED>Dated: February 19, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04612 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039573; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: U.S. Department of the Interior, Fish and Wildlife Service, Alaska Region, Anchorage, AK</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the U.S. Department of the Interior, Fish and Wildlife Service, Alaska Region (USFWS), has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <PRTPAGE P="12769"/>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains and associated funerary objects in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Jeremy M. Karchut, United States Fish and Wildlife Service, 1011 E Tudor Road, Anchorage, AK 99503, phone (907) 786-3399, email 
                        <E T="03">Jeremy_Karchut@fws.gov.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the USFWS, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <HD SOURCE="HD2">Atka Island</HD>
                <P>Human remains representing, at least, three individuals have been identified. No associated funerary objects are present. In either 1948 or 1949, the human remains were removed from burial caves on Atka Island in the Aleutians West Census Area, AK by Theodore P. Bank II, an ethno-botanist. The human remains were stored at the University of Michigan Museum of Anthropology, were transferred in 1982 to the University of Alaska Museum in Fairbanks, AK, and were transferred again in 2002 to the Museum of the Aleutians in Unalaska, AK. The remains were transferred again prior to 2008 to the Alaska Region, USFWS in Anchorage, AK which were then finally transferred in 2017 to the University of Alaska Museum in Fairbanks, AK. These remains are currently split between the University of Alaska Museum in Fairbanks, AK and the Museum of the Aleutians in Unalaska, AK.</P>
                <HD SOURCE="HD2">Agattu Island</HD>
                <P>Human remains representing at least, 13 individuals have been identified. The 12 associated funerary objects are one basalt biface; one animal bone; and 10 unidentified objects. In 1949, the human remains and associated funerary objects were removed from Agattu Island in the Aleutians West Census Area, AK, during research permitted to Theodore P. Bank II. The human remains were stored at the University of Michigan Museum of Anthropology until being transferred in 2002 to the Museum of the Aleutians in Unalaska, AK. A portion of the remains were transferred again prior to 2008 to the Alaska Region, USFWS in Anchorage, AK which were then finally transferred in 2017 to the University of Alaska Museum in Fairbanks, AK. These remains are currently split between the University of Alaska Museum in Fairbanks, AK and the Museum of the Aleutians in Unalaska, AK.</P>
                <HD SOURCE="HD2">Tanaga Island</HD>
                <P>Human remains representing, at least, two individuals have been identified. The 146 associated funerary objects are one awl, one bark fragment, seven stone bifaces, one basalt knife, one ground slate ulu fragment, two stone flake lots, four worked animal bones, one calcined bone fragment, one unidentified animal bone, one sea mammal bulla, 15 bird bones, one seal metacarpal/metatarsal, one sea lion flipper bone, one bone peg, one ivory swivel, one labret, two harpoon sockets, 54 matting fragments, 14 matting fragment lots, two matting bundles, one basket fragment lot, one fur and feather coat, one grass bundle, one wood container fragment, one piece of carved wood, two wood shaft fragments, five worked wood objects, one worked wood lot, four wood fragment lots, two wood and moss samples, one wood sample, 12 soil samples, one soil and organics lot, and one metal flake lot. In 1950, the human remains and associated funerary objects were removed from Michigan Rock Cave on a small islet off of Tanaga Island in the Aleutians West Census Area, AK, by Theodore P. Bank II during permitted archaeological excavations. The human remains and associated funerary objects were taken by Dr. Bank to the University of Michigan. Upon his death these remains were transferred to the University of Alaska Museum in Fairbanks, AK and then subsequently transferred to the Museum of the Aleutians in Unalaska, AK following consultation between the USFWS and the Aleut Corporation. A portion of the remains were transferred again in 2017 in order to undergo re-evaluation at the University of Alaska Museum in Fairbanks, AK. These remains are currently split between the University of Alaska Museum in Fairbanks, AK and the Museum of the Aleutians in Unalaska, AK.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains and associated funerary objects described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The USFWS has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of 18 individuals of Native American ancestry.</P>
                <P>• The 158 objects described in this notice are reasonably believed to have been placed intentionally with or near individual human remains at the time of death or later as part of the death rite or ceremony.</P>
                <P>• There is a connection between the human remains and associated funerary objects described in this notice and the Native Village of Atka.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains and associated funerary objects in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains and associated funerary objects described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the USFWS must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains and associated funerary objects are considered a single request and not competing requests. The USFWS is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 19, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04615 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12770"/>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039526; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Intended Repatriation: California State University, Sacramento, Sacramento, CA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the California State University, Sacramento intends to repatriate certain cultural items that meet the definition of objects of cultural patrimony and that have a cultural affiliation with the Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the cultural items in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Dr. Mark R. Wheeler, Senior Advisor to President Luke Wood, California State University, Sacramento, 6000 J Street, Sacramento, CA 95819, telephone (916) 460-0490, email 
                        <E T="03">mark.wheeler@csus.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the California State University, Sacramento, and additional information on the determinations in this notice, including the results of consultation, can be found in the summary or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>A total of four cultural items have been requested for repatriation. The four objects of cultural patrimony are one lot each of flaked stone, ground stone, modified stone, and ochre. The cultural items were collected from site CA-YUB-25 in Yuba County, CA in the 1960s and 1970s. Items collected in the 1960s originate from archaeological work done by the Central California Archaeological Foundation under a National Park Service contract. They have since been housed at California State University, Sacramento under accession number 81-44. Items collected in the 1970s are from survey work by a former graduate student and are cataloged under accession 81-43.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The California State University, Sacramento has determined that:</P>
                <P>• The four objects of cultural patrimony described in this notice have ongoing historical, traditional, or cultural importance central to the Native American group, including any constituent sub-group (such as a band, clan, lineage, ceremonial society, or other subdivision), according to the Native American traditional knowledge of an Indian Tribe or Native Hawaiian organization.</P>
                <P>• There is a reasonable connection between the cultural items described in this notice and the United Auburn Indian Community of the Auburn Rancheria of California.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Additional, written requests for repatriation of the cultural items in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.
                </P>
                <P>Repatriation of the cultural items in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the California State University, Sacramento must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the cultural items are considered a single request and not competing requests. The California State University, Sacramento is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice and to any other consulting parties.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3004 and the implementing regulations, 43 CFR 10.9.
                </P>
                <SIG>
                    <DATED>Dated: February 11, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04461 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039601; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: Tennessee Department of Environment and Conservation Division of Archaeology, Nashville, TN</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Tennessee Department of Conservation and Environment, Division of Archaeology (TDEC-DOA) has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains and associated funerary objects in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Phillip R. Hodge, Tennessee Department of Environment and Conservation, Division of Archaeology (TDEC-DOA), 1216 Foster Avenue, Cole Building #3, Nashville, TN 37243, telephone (615) 626-2025, email 
                        <E T="03">Phil.Hodge@tn.gov.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the responsibility of TDEC-DOA, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>
                    <E T="03">Tallassee (40BT8), Blount County, Tennessee.</E>
                     Tallassee (40BT8) is a multicomponent site located on an island on the Tennessee River at River Mile 41.3, near Calderwood community in Blount County, Tennessee.
                </P>
                <P>
                    Human remains representing, at least, two individuals have been identified. The two associated funerary objects are one lot of shell tempered ceramic sherds and a single stone fragment. No information is available regarding the circumstances surrounding the collection or acquisition of these materials. These materials were discovered by TDEC-DOA staff during a 
                    <PRTPAGE P="12771"/>
                    box inventory in 2023 and had not been previously reported to National NAGPRA. There is no known exposure to hazardous treatments or substances.
                </P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains and associated funerary objects described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>TDEC-DOA have determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of two individuals of Native American ancestry.</P>
                <P>• The two objects described in this notice are reasonably believed to have been placed intentionally with or near individual human remains at the time of death or later as part of the death rite or ceremony.</P>
                <P>• There is a connection between the human remains and associated funerary objects described in this notice and the Cherokee Nation; Eastern Band of Cherokee Indians; The Muscogee (Creek) Nation; The Seminole Nation of Oklahoma, and the Thlopthlocco Tribal Town.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains and associated funerary objects in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains and associated funerary objects described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, TDEC-DOA must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains and associated funerary objects are considered a single request and not competing requests. TDEC-DOA are responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 25, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04635 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039530; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: U.S. Department of Agriculture, Forest Service, Deschutes National Forest, Bend, OR</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Deschutes National Forest has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains and associated funerary objects in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Holly Jewkes, Forest Supervisor, Deschutes National Forest, 63095 Deschutes Market Road, Bend, OR 97701, telephone (541) 383-5512, email 
                        <E T="03">holly.jewkes@usda.gov.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the Deschutes National Forest, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Accession records from the University of Oregon, Museum of Natural and Cultural History indicate in 1940 human remains were collected by a private individual from the Fort Rock Ranger District, Deschutes National Forest in Deschutes County, Oregon. Human remains representing one individual have been identified. No associated funerary objects are present. No additional acquisition history is available. Based on the geographic location, the cultural affiliation is likely the Burns Paiute Tribe, the Klamath Tribes, or the Confederated Tribes of Warm Springs. There is no record of hazardous substances being used on or associated with these remains.</P>
                <P>Accession records from the University of Oregon, Museum of Natural and Cultural History indicate in the mid-1970s human remains were collected from the Deschutes National Forest in the general vicinity of Sunriver, Oregon. The remains were collected by the museum during archaeological survey and testing on the Bend Ranger District. Human remains representing one individual have been identified. The 26 associated funerary objects include 22 pieces of flaked stone and four pieces of groundstone. Based on the geographic location, the cultural affiliation is likely the Burns Paiute Tribe, the Klamath Tribes, or the Confederated Tribes of Warm Springs. There is no record of hazardous substances being used on or associated with these remains.</P>
                <P>Accession records from the University of Oregon, Museum of Natural and Cultural History indicate human remains were collected from the Crescent Ranger District, Deschutes National Forest in 1971. Human remains representing two individuals have been identified. No associated funerary objects are present. Based on the geographic location, the cultural affiliation is likely the Burns Paiute Tribe, the Klamath Tribes, or the Confederated Tribes of Warm Springs. There is no record of hazardous substances being used on or associated with these remains.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The Deschutes National Forest has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of four individuals of Native American ancestry.</P>
                <P>• There 26 objects described in this notice are reasonably believed to have been placed intentionally with or near individual human remains at the time of death or later as part of the death rite or ceremony.</P>
                <P>
                    • There is a connection between the human remains described in this notice and the Burns Paiute Tribe; 
                    <PRTPAGE P="12772"/>
                    Confederated Tribes of the Warm Springs Reservation of Oregon; and the Klamath Tribes.
                </P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains and associated funerary objects in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains and associated funerary objects described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the Deschutes National Forest must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains and associated funerary objects are considered a single request and not competing requests. The Deschutes National Forest is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 11, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04466 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039602; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: University of Tennessee, McClung Museum of Natural History &amp; Culture, Knoxville, TN</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the University of Tennessee, McClung Museum of Natural History &amp; Culture (UTK) has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains and associated funerary objects in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Dr. Ellen Lofaro, University of Tennessee, Office of Repatriation, 5723 Middlebrook Pike, Knoxville, TN 37921-6053, telephone (865) 974-3370, email 
                        <E T="03">nagpra@utk.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of UTK, and additional information on the determinations in this notice, including the results of consultation, can be found in their inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Human remains representing, at least, five individuals have been identified from 40BT2, the Prater Site. The 64 lots of associated funerary objects are three lots of beads, one lot of botanical material, 26 lots of ceramics, 18 lots of faunal material, 13 lots of lithics, two lots of pipes, and one Dog Burial. The Prater site is located along the Tennessee River in Blount County, TN. The site was excavated between February and March 1942 by Works Progress Administration archaeologists Chandler Rowe and Andrew Whiteford, affiliated with UTK at the time. Original reports from Rowe and Whiteford and subsequent review of cultural items suggest a multicomponent Middle/Late Woodland through Mississippian occupation (c. 200-900 CE through 1600 CE). All human remains and cultural items were brought to UTK after removal and were housed at the McClung Museum of Natural History and Culture until they were transferred recently to the Office of Repatriation (OR). Some of the human remains were “repaired” with glue, but to our knowledge, no hazardous substances were used to treat any of the remains or objects.</P>
                <P>Human remains representing, at least, seven individuals have been identified from 40BT7, the Chilhowee Site. The 84 lots of associated funerary objects are seven lots of beads, seven lots of botanical material, 23 lots of ceramics, 11 lots of faunal material, two lots of historic materials, 21 lots of lithics, one lot of ochre, four lots of pipes, and eight lots of soils. Also known as the Samuel McMurray site, 40BT7 is located on the Little Tennessee River in Blount County, TN. The site was inundated following the construction of the Chilhowee Dam after 1957. All human remains described in this notice were removed between 1956 and 1957 by amateur archaeologists James H. Polhemus and R. Myers, both affiliated with the Tennessee Archaeological Society (TAS). The cultural items described here were removed by TAS members. The Chilhowee site was first disturbed in the late 19th century by E.O. Dunning (Peabody Museum) and Cyrus Thomas (Smithsonian), who noted the presence of Mounds and a Stone Box cemetery. Historical information and maps suggest the Chilhowee site is the location of a Historic Overhill Cherokee village of the same name. Original reports from Polhemus and Myers and later review of cultural items indicate Mississippian and Historic Cherokee occupations of the site. Recent work dating beads removed from the site suggest the site was occupied beginning sometime between 1630 and 1680 CE and ending in the late 18th century. Ceramic styles found at the site suggest a possible earlier Mississippian component ca. 1100 CE. All human remains and cultural items were brought to UTK after removal and were housed at the McClung Museum of Natural History and Culture until they were transferred recently to the OR. Some of the human remains were “repaired” with glue, but to our knowledge, no hazardous substances were used to treat any of the remains or objects.</P>
                <P>
                    Human remains representing, at least, 56 individuals have been identified from 40BT8, the Tallassee Site. The 244 lots of associated funerary objects are 24 lots of beads, 17 lots of botanical material, 64 lots of ceramics, 52 lots of faunal material, 17 lots of historic materials, 44 lots of lithics, four lots of metals, two lots of ochre, nine lots of pipes, six lots of soils, and five Dog Burials. Also known as Hardin Farm, site 40BT8 is located along the Little Tennessee River in Blount County, TN. The Tallassee site was also inundated by the construction of the Chilhowee Dam. All human remains and most cultural items were removed prior to the construction of the dam as part of a contract between the Aluminum Company of America (Alcoa) and UTK/TAS to conduct “salvage” excavations prior to inundating the area. UTK faculty T.M.N. Lewis and Madeline Kneberg supervised TAS excavations 
                    <PRTPAGE P="12773"/>
                    between 1955 and 1957. Additional materials were removed during post-2002 visits to the site. All human remains and cultural items were brought to UTK and were housed at the McClung Museum of Natural History until they were recently transferred to the OR. Some of the human remains were “repaired” with glue, but to our knowledge, no hazardous substances were used to treat any of the remains or objects.
                </P>
                <P>Cultural affiliation between these human remains and funerary objects and the Indian Tribes listed in this notice was established via anthropological information, archaeological information, geographical information, historical information, linguistic information, Native American traditional knowledge, and oral tradition. Blount County, TN is part of the aboriginal lands of Cherokee Nation; Eastern Band of Cherokee Indians; The Muscogee (Creek) Nation; The Seminole Nation of Oklahoma; and Thlopthlocco Tribal Town.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is clearly identified by the information available about the human remains and associated funerary objects described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>UTK has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of 68 individuals of Native American ancestry.</P>
                <P>• The 392 lots of objects described in this notice are reasonably believed to have been placed intentionally with or near individual human remains at the time of death or later as part of the death rite or ceremony.</P>
                <P>• There is a connection between the human remains and associated funerary objects described in this notice and the Cherokee Nation; Eastern Band of Cherokee Indians; The Muscogee (Creek) Nation; The Seminole Nation of Oklahoma; and the Thlopthlocco Tribal Town.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains and associated funerary objects in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains and associated funerary objects described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, UTK and TDEC-DOA must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains and associated funerary objects are considered a single request and not competing requests. UTK and TDEC-DOA are responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 25, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04636 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039558; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Peabody Museum of Archaeology and Ethnology, Harvard University (PMAE) has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice. The human remains were collected at the Sherman Institute, Riverside County, CA.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Jane Pickering, Peabody Museum of Archaeology and Ethnology, Harvard University, 11 Divinity Avenue, Cambridge, MA 02138, telephone (617) 496-2374, email 
                        <E T="03">jpickering@fas.harvard.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the PMAE, and additional information on the determinations in this notice, including the results of consultation, can be found in the inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Based on the information available, human remains representing, at minimum, three individuals were collected at the Sherman Institute, Riverside County, CA. The human remains are hair clippings collected from two individuals who were recorded as being 18 years old and one individual who was recorded as being 17 years old and identified as “Wintun.” Samuel H. Gilliam took the hair clippings at the Sherman Institute between 1930 and 1933. Gilliam sent the hair clippings to George Woodbury, who donated the hair clippings to the PMAE in 1935. No associated funerary objects are present.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the available information and the results of consultation, cultural affiliation is clearly identified by the information available about the human remains described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The PMAE has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of three individuals of Native American ancestry.</P>
                <P>
                    • There is a reasonable connection between the human remains described in this notice and the Cachil DeHe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California; Greenville Rancheria; and the Kletsel Dehe Wintun Nation of the Cortina Rancheria (
                    <E T="03">previously</E>
                     listed as Kletsel Dehe Band of Wintun Indians).
                </P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the Responsible Official identified in 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>
                    2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or 
                    <PRTPAGE P="12774"/>
                    a culturally affiliated Indian Tribe or Native Hawaiian organization.
                </P>
                <P>Repatriation of the human remains in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the PMAE must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. The PMAE is responsible for sending a copy of this notice to the Indian Tribe identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 19, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04608 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039521; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Intended Repatriation: University of California, Davis, Davis, CA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the University of California, Davis (UC Davis) intends to repatriate certain cultural items that meet the definition of objects of cultural patrimony and that have a cultural affiliation with the Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the cultural items in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Megon Noble, NAGPRA Project Manager, University of California, Davis, 412 Mrak Hall, One Shields Avenue, Davis, CA 95616, telephone (530) 752-8501, email 
                        <E T="03">mnoble@ucdavis.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of UC Davis and additional information on the determinations in this notice, including the results of consultation, can be found in the summary or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>
                    A total of two cultural items have been requested for repatriation. The two objects of cultural patrimony are a piece of travertine limestone and one lot of unidentified missing material. Mary Elizabeth “Betty” Shutler and the UC Davis Archaeology Field School of 1963 performed a cursory investigation at Tolenas Springs, near Fairfield, California. Only one piece of travertine was collected from this quarry area (UC Davis Accession 2). The cultural affiliation of the Tolenas Springs material is with the Patwin Tribes: Cachil DeHe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California; Kletsel Dehe Wintun Nation of the Cortina Rancheria (
                    <E T="03">previously</E>
                     listed as Kletsel Dehe Band of Wintun Indians); and the Yocha Dehe Wintun Nation, California. The University is unaware of any treatment of the objects of cultural patrimony with pesticides, preservatives, or other substances that represent a potential hazard to the object or to persons handling the object.
                </P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>UC Davis has determined that:</P>
                <P>• The two objects of cultural patrimony described in this notice have ongoing historical, traditional, or cultural importance central to the Native American group, including any constituent sub-group (such as a band, clan, lineage, ceremonial society, or other subdivision), according to the Native American traditional knowledge of an Indian Tribe or Native Hawaiian organization.</P>
                <P>• There is a reasonable connection between the cultural items described in this notice and the Yocha Dehe Wintun Nation, California.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Additional, written requests for repatriation of the cultural items in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.
                </P>
                <P>Repatriation of the cultural items in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, UC Davis must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the cultural items are considered a single request and not competing requests. UC Davis is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice and to any other consulting parties.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3004 and the implementing regulations, 43 CFR 10.9.
                </P>
                <SIG>
                    <DATED>Dated: February 11, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04456 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039566; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: Yale Peabody Museum, Yale University, New Haven, CT</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Yale Peabody Museum has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Professor David Skelly, Director, Yale Peabody Museum, P.O. Box 208118, New Haven, CT 06520-8118, telephone (203) 432-3752, email 
                        <E T="03">david.skelly@yale.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the Yale Peabody Museum, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>
                    Human remains representing, at least, six individuals have been identified. No associated funerary objects are present. 
                    <PRTPAGE P="12775"/>
                    This collection was received by the Yale Peabody Museum in 1871 and was collected by members of the Yale College Scientific Expedition. The human remains were collected from an unknown location in Kansas and were shipped to the Yale Peabody Museum, among other collections, from Fort Wallace, Kansas. Additional collecting notes attribute the collection to Monument, Kansas.
                </P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location and acquisition history of the human remains described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The Yale Peabody Museum has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of six individuals of Native American ancestry.</P>
                <P>• There is a connection between the human remains described in this notice and the Cheyenne and Arapaho Tribes, Oklahoma; Kaw Nation, Oklahoma; Northern Arapaho Tribe of the Wind River Reservation, Wyoming; Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the Yale Peabody Museum must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. The Yale Peabody Museum is responsible for sending a copy of this notice to the Indian Tribes identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 19, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04619 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039606; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: Booth Family Center for Special Collections, Georgetown University, Washington, DC</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Booth Family Center for Special Collections, Georgetown University (BFC) has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Keith Gorman, Booth Family Center for Special Collections, Georgetown University, Lauinger Library, 5th Floor, 37th and O Streets NW, Washington, DC 20057-1174, telephone (202) 687-7475, email 
                        <E T="03">kg78@georgetown.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the BFC, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Human remains representing, at least, one individual have been identified. No associated funerary objects are present. Human hair clippings were included in an envelope found in a box of unrelated materials in the BFC. Also in the envelope was a card from the defunct Georgetown University Coleman Museum. The card identified the clippings as “Big Foot's Hair,” Chief of the tribe massacred at Wounded Knee in South Dakota. Additionally, the card noted that the hair clippings were provided by “Mrs. Lucy Ord Mason, Daughter of General Ord.” Georgetown believes that the hair clippings belonged to Chief Spotted Elk, also known as Chief “Big Foot.”</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains and associated funerary objects described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The BFC has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of one individual of Native American ancestry.</P>
                <P>• There is a connection between the human remains described in this notice and the Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota and the Oglala Sioux Tribe.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the BFC must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. The BFC is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 25, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04625 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12776"/>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039559; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Peabody Museum of Archaeology and Ethnology, Harvard University (PMAE) has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice. The human remains were collected at the Fort Mohave Indian School, Mohave County, AZ.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Jane Pickering, Peabody Museum of Archaeology and Ethnology, Harvard University, 11 Divinity Avenue, Cambridge, MA 02138, telephone (617) 496-2374, email 
                        <E T="03">jpickering@fas.harvard.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the PMAE, and additional information on the determinations in this notice, including the results of consultation, can be found in the inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Based on the information available, human remains representing, at minimum, one individual was collected at the Fort Mohave Indian School, Mohave County, AZ. The human remains are hair clippings collected from one individual who was recorded as being 15 years old and identified as “Chemehuevi.” Timothy G. Mackey took the hair clippings at the Fort Mohave Indian School between 1930 and 1933. Mackey sent the hair clippings to George Woodbury, who donated the hair clippings to the PMAE in 1935. No associated funerary objects are present.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the available information and the results of consultation, cultural affiliation is clearly identified by the information available about the human remains described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The PMAE has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of one individual of Native American ancestry.</P>
                <P>• There is a reasonable connection between the human remains described in this notice and the Colorado River Indian Tribes of the Colorado River Indian Reservation, Arizona and California.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the Responsible Official identified in 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.</P>
                <P>Repatriation of the human remains in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the PMAE must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. The PMAE is responsible for sending a copy of this notice to the Indian Tribe identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 19, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04609 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039641; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: U.S. Department of the Interior, Bureau of Reclamation, Oklahoma-Texas Area Office, Oklahoma City, OK</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the U.S. Department of the Interior, Bureau of Reclamation, Oklahoma-Texas Area Office (OTAO) has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Kate Ellison, Bureau of Reclamation, Oklahoma-Texas Area Office, 5924 NW 2nd Street, Suite 200, Oklahoma City, OK 73127, telephone (405) 470-4816, email 
                        <E T="03">kellison@usbr.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Kate Ellison, Bureau of Reclamation, Oklahoma-Texas Area Office at telephone (405) 470-4816, or by email to 
                        <E T="03">kellison@usbr.gov.</E>
                         Individuals who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the OTAO, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>
                    Human remains representing, at least, two individuals have been identified from archeological site 41MC296 in McMullen County, Texas. No associated funerary objects are present. Archeological site 41MC296 was 
                    <PRTPAGE P="12777"/>
                    recorded in August 1979 by workers from the Center for Archaeological Research at the University of Texas in San Antonio. Carbon was recovered from virtually all units and levels during Phase II excavations at the site. The dates from these samples ranged from 100-10 BC and A.D. 1520-1610. The human remains were found in level five (40-50 cm below ground surface) and level six (50-60 cm below ground surface).
                </P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The OTAO has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of two individuals of Native American ancestry.</P>
                <P>• There is a connection between the human remains described in this notice and the Mescalero Apache Tribe of the Mescalero Reservation, New Mexico.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the OTAO must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. OTAO of Reclamation is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: March 5, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04628 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039646; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Peabody Museum of Archaeology and Ethnology, Harvard University (PMAE) has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice. The human remains were collected at the Uintah and Ouray Agency, Uintah County, UT.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 17, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Jane Pickering, Peabody Museum of Archaeology and Ethnology, Harvard University, 11 Divinity Avenue, Cambridge, MA 02138, telephone (617) 496-2374, email 
                        <E T="03">jpickering@fas.harvard.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the PMAE, and additional information on the determinations in this notice, including the results of consultation, can be found in the inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Based on the information available, human remains representing, at minimum, four individuals were collected at the Uintah and Ouray Agency, Uintah County, UT. The human remains are hair clippings collected from one individual who was recorded as being 66 years old, one individual who was recorded as being 65 years old, and two individuals recorded as being 51 years old and identified as “Uncompahgre.” H.M. Tidwell took the hair clippings at the Uintah and Ouray Agency between 1930 and 1933. Tidwell sent the hair clippings to George Woodbury, who donated the hair clippings to the PMAE in 1935. No associated funerary objects are present.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the available information and the results of consultation, cultural affiliation is clearly identified by the information available about the human remains described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The PMAE has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of four individuals of Native American ancestry.</P>
                <P>• There is a reasonable connection between the human remains described in this notice and the Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado; Ute Indian Tribe of the Uintah &amp; Ouray Reservation, Utah; and the Ute Mountain Ute Tribe.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the Responsible Official identified in 
                    <E T="02">ADDRESSES.</E>
                     Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.</P>
                <P>Repatriation of the human remains in this notice to a requestor may occur on or after April 17, 2025. If competing requests for repatriation are received, the PMAE must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. The PMAE is responsible for sending a copy of this notice to the Indian Tribe identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: March 5, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04633 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12778"/>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039560; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: School District of Philadelphia, Philadelphia, PA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the School District of Philadelphia has completed an inventory of human remains and has determined that there is no lineal descendant and no Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Upon request, repatriation of the human remains in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Hannah Girer-Rosenkrantz, Esq., Deputy General Counsel, Compliance &amp; Diverse Initiatives, The School District of Philadelphia, Office of General Counsel, 440 North Broad Street, Suite 313, Philadelphia, PA 19130, telephone (215) 400-6019, email 
                        <E T="03">hgirerrosenkrantz@philasd.org.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the School District of Philadelphia, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Human remains representing, at least, one individual have been identified. No associated funerary objects are present. In June of 2021 a staff member of the Philadelphia Central High School (School District of Philadelphia) was cleaning out a classroom and closet. In the closet there was a box which was brought down and opened. Upon opening, the staff member identified the human cranium and immediately notified the president of the high school. The president then notified the legal office for the Philadelphia School District. The legal team of the School District reached out to Temple University Department of Anthropology where they conducted initial identification on this individual, however they could not continue with the consultation. Dr. Gregory D. Lattanzi, was brought onto the project to help with the NAGPRA repatriation process. Dr. Lattanzi has been in talks with National NAGPRA in Washington DC on the consultation and repatriation process.</P>
                <HD SOURCE="HD1">Consultation</HD>
                <P>Invitations to consult were sent to the Apache Tribe of Oklahoma; Chemehuevi Indian Tribe of the Chemehuevi Reservation, California; Cheyenne and Arapaho Tribes, Oklahoma; Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota; Cocopah Tribe of Arizona; Colorado River Indian Tribes of the Colorado River Indian Reservation, Arizona and California; Comanche Nation, Oklahoma; Confederated Salish and Kootenai Tribes of the Flathead Reservation Crow Creek Sioux Tribe of the Crow Creek Reservation, South Dakota; Crow Tribe of Montana; Eastern Shoshone Tribe of the Wind River Reservation, Wyoming; Fort Mojave Indian Tribe of Arizona, California &amp; Nevada; Fort Sill Apache Tribe of Oklahoma; Hopi Tribe of Arizona; Jicarilla Apache Nation, New Mexico; Kiowa Indian Tribe of Oklahoma; Mescalero Apache Tribe of the Mescalero Reservation, New Mexico; Navajo Nation, Arizona, New Mexico, &amp; Utah; Northern Arapaho Tribe of the Wind River Reservation, Wyoming; Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana; Oglala Sioux Tribe; Ohkay Owingeh, New Mexico; Paiute Indian Tribe of Utah (Cedar Band of Paiutes, Kanosh Band of Paiutes, Koosharem Band of Paiutes, Indian Peaks Band of Paiutes, and Shivwits Band of Paiutes); Pawnee Nation of Oklahoma; Pueblo of Acoma, New Mexico; Pueblo de Cochiti, New Mexico; Pueblo of Isleta, New Mexico; Pueblo of Jemez, New Mexico; Pueblo of Laguna, New Mexico; Pueblo of Nambe, New Mexico; Pueblo of Picuris, New Mexico; Pueblo of Pojoaque, New Mexico; Pueblo of San Felipe, New Mexico; Pueblo of San Ildefonso, New Mexico; Pueblo of Sandia, New Mexico; Pueblo of Santa Ana, New Mexico; Pueblo of Santa Clara, New Mexico; Pueblo of Taos, New Mexico; Pueblo of Tesuque, New Mexico; Pueblo of Zia, New Mexico; Quechan Tribe of the Fort Yuma Indian Reservation, California &amp; Arizona; Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota; San Juan Southern Paiute Tribe of Arizona; Santo Domingo Pueblo; Shoshone-Bannock Tribes of the Fort Hall Reservation; Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado; Standing Rock Sioux Tribe of North &amp; South Dakota; The Osage Nation; Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota; Ute Indian Tribe of the Uintah &amp; Ouray Reservation, Utah; Ute Mountain Ute Tribe; Wichita and Affiliated Tribes (Wichita, Keechi, Waco, &amp; Tawakonie), Oklahoma; Ysleta del Sur Pueblo; and the Zuni Tribe of the Zuni Reservation, New Mexico.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>The following types of information about the cultural affiliation of the human remains in this notice are available: anthropological, archaeological, historical, other relevant information, including historical label affixed to human remains. The information, including the results of consultation, identified:</P>
                <P>1. The Colorado River Tribe as an earlier group connected to the human remains.</P>
                <P>2. The Colorado River Tribe as an Indian Tribe or Native Hawaiian organization connected to the human remains.</P>
                <P>3. No relationship of shared group identity between the earlier group and the Indian Tribe or Native Hawaiian organization that can be reasonably traced through time.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The School District of Philadelphia has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of one individual of Native American ancestry.</P>
                <P>• No known lineal descendant who can trace ancestry to the human remains in this notice has been identified.</P>
                <P>• No Indian Tribe or Native Hawaiian organization with cultural affiliation to the human remains in this notice has been clearly or reasonably identified.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by any lineal descendant, Indian Tribe, or Native Hawaiian organization who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.
                </P>
                <P>
                    Upon request, repatriation of the human remains described in this notice may occur on or after April 18, 2025. If competing requests for repatriation are received, the School District of Philadelphia must determine the most 
                    <PRTPAGE P="12779"/>
                    appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. The School District of Philadelphia is responsible for sending a copy of this notice to any consulting lineal descendant, Indian Tribe, or Native Hawaiian organization.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 19, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04610 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039572; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Intended Disposition: U.S. Department of the Interior, National Park Service, Kobuk Valley National Park, Kotzebue, AK</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the U.S. Department of the Interior, National Park Service, Kobuk Valley National Park (KOVA) intends to carry out the disposition of human remains removed from Federal or Tribal lands to from Federal or Tribal lands to the lineal descendants, Indian Tribe, or Native Hawaiian organization with priority for disposition in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Disposition of the human remains in this notice may occur on or after April 18, 2025. If no claim for disposition is received by March 19, 2026, the human remains in this notice will become unclaimed human remains.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Siikauraq Whiting Superintendent, Kobuk Valley National Park, P.O. Box 1029, Kotzebue, AK 99752, telephone (907) 385-7036, email 
                        <E T="03">siikauraq_whiting@nps.gov.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the Superintendent, KOVA, and additional information on the human remains in this notice, including the results of consultation, can be found in the related records.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Based on the information available, human remains representing at least two individuals have been reasonably identified. Repatriations associated with the intended exhumation of human remains at the Igliqtiqsuiġvigruaq site (XBM-00047) occurred in 2014. An additional 11 fragments of human remains were identified in 2023 at the same site located along the Kobuk River in Kobuk Valley National Park, Northwest Arctic Borough, AK. The human remains in this notice are associated with human remains that were included in a Notice of Intended Disposition published in the Anchorage Daily News on August 6th and 13th, 2013; in the Arctic Sounder on August 15th, 2013 (pg 12); and in the Arctic Sounder on August 22nd, 2013 (pg 13). All of the human remains are stored at the Alaska Regional Curatorial Center (ARCC) at the NPS Regional Office in Anchorage, AK.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>KOVA has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of two individuals of Native American ancestry.</P>
                <P>• The Native Village of Kiana has priority for disposition of the human remains described in this notice.</P>
                <HD SOURCE="HD1">Claims for Disposition</HD>
                <P>
                    Written claims for disposition of the human remains in this notice must be sent to the appropriate official identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . If no claim for disposition is received by March 19, 2026, the human remains in this notice will become unclaimed human remains. Claims for disposition may be submitted by:
                </P>
                <P>1. Any lineal descendant, Indian Tribe, or Native Hawaiian organization identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that they have priority for disposition.</P>
                <P>Disposition of the human remains in this notice may occur on or after April 18, 2025. If competing claims for disposition are received, KOVA must determine the most appropriate claimant prior to disposition. Requests for joint disposition of the human remains are considered a single request and not competing requests. KOVA is responsible for sending a copy of this notice to the lineal descendants, Indian Tribes, and Native Hawaiian organizations identified in this notice and to any other consulting parties.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3002, and the implementing regulations, 43 CFR 10.7.
                </P>
                <SIG>
                    <DATED>Dated: February 19, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04614 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039604; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Peabody Museum of Archaeology and Ethnology, Harvard University (PMAE) has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice. The human remains were collected at the Sherman Institute, Riverside County, CA.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Jane Pickering, Peabody Museum of Archaeology and Ethnology, Harvard University, 11 Divinity Avenue, Cambridge, MA 02138, telephone (617) 496-2374, email 
                        <E T="03">jpickering@fas.harvard.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the PMAE, and additional information on the determinations in this notice, including the results of consultation, can be found in the inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>
                    Based on the information available, human remains representing, at minimum, one individual was collected at the Sherman Institute, Riverside County, CA. The human remains are hair clippings collected from one individual who was recorded as being 
                    <PRTPAGE P="12780"/>
                    22 years old and identified as “Pomo.” Samuel H. Gilliam took the hair clippings at the Sherman Institute between 1930 and 1933. Gilliam sent the hair clippings to George Woodbury, who donated the hair clippings to the PMAE in 1935. No associated funerary objects are present.
                </P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the available information and the results of consultation, cultural affiliation is clearly identified by the information available about the human remains described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The PMAE has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of one individual of Native American ancestry.</P>
                <P>• There is a reasonable connection between the human remains described in this notice and the Cloverdale Rancheria of Pomo Indians of California, Coyote Valley Band of Pomo Indians of California; Dry Creek Rancheria Band of Pomo Indians, California; Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California; Habematolel Pomo of Upper Lake, California; Hopland Band of Pomo Indians, California; Kashia Band of Pomo Indians of the Stewarts Point Rancheria, California; Manchester Band of Pomo Indians of the Manchester Rancheria, California; Middletown Rancheria of Pomo Indians of California; Picayune Rancheria of Chukchansi Indians of California; Pinoleville Pomo Nation, California; Redwood Valley or Little River Band of Pomo Indians of the Redwood Valley Rancheria California; Robinson Rancheria; and the Scotts Valley Band of Pomo Indians of California.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the Responsible Official identified in 
                    <E T="02">ADDRESSES.</E>
                     Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.</P>
                <P>Repatriation of the human remains in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the PMAE must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. The PMAE is responsible for sending a copy of this notice to the Indian Tribe identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 25, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04638 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039525; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: University of Tennessee, Department of Anthropology, Knoxville, TN</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the University of Tennessee, Department of Anthropology (UTK) has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Dr. Ellen Lofaro, University of Tennessee, Office of Repatriation, 5723 Middlebrook Pike, Knoxville, TN 37921-6053, telephone (865) 974-3370, email 
                        <E T="03">nagpra@utk.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of UTK, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Human remains representing, at least, four individuals have been identified. No associated funerary objects are present. These individuals were removed from site 14CY27/40, the Luthi site, in Clay County, Kansas by Floyd Schultz in June 1925, and donated to the University of Kansas (KU) in 1948. 14CY27/40 is a mound site with burials on a knoll near the Republican River. Ceramics removed from the Luthi site were identified in previous research as Plains Woodland and Hopewell, suggesting the site dates to c. 200 BCE-400 CE. Based on a past pattern of practice, it is likely that William Bass brought the remains from KU to UTK when he began working there in 1971. To our knowledge, no potentially hazardous substances were used to treat the remains.</P>
                <P>Through Tribal consultation these remains were identified as culturally affiliated with the Northern Arapaho Tribe of the Wind River Reservation, Wyoming, the Kaw Nation, Oklahoma, and the Pawnee Nation of Oklahoma, based off the following types of information: expert opinion, geographical information, and historical information.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>UTK has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of four individuals of Native American ancestry.</P>
                <P>• There is a connection between the human remains described in this notice and the Kaw Nation, Oklahoma; Northern Arapaho Tribe of the Wind River Reservation, Wyoming; and the Pawnee Nation of Oklahoma.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>
                    Repatriation of the human remains described in this notice to a requestor may occur on or after April 18, 2025. If 
                    <PRTPAGE P="12781"/>
                    competing requests for repatriation are received, UTK must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. UTK is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 11, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04460 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039531; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Intended Disposition: U.S. Department of Agriculture, Forest Service, Hoosier National Forest, Bedford, IN</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the U.S. Department of Agriculture, Forest Service, Hoosier National Forest intends to carry out the disposition of human remains and associated funerary objects removed from Federal or Tribal lands to the lineal descendants, Indian Tribe, or Native Hawaiian organization with priority for disposition in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Disposition of the human remains and associated funerary objects in this notice may occur on or after April 18, 2025. If no claim for disposition is received by March 19, 2026, the human remains and associated funerary objects in this notice will become unclaimed human remains and associated funerary objects.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Michael Chaveas, Hoosier National Forest, 811 Constitution Avenue, Bedford, IN 47421, telephone (812) 276-4739, email 
                        <E T="03">michael.chaveas@usda.gov.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the Hoosier National Forest, and additional information on the human remains and associated funerary objects in this notice, including the results of consultation, can be found in the related records. The National Park Service is not responsible for the identifications in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Based on the information available, human remains representing, at least, one individual has been reasonably identified. The two associated funerary objects are a bear canine tooth and an Anculosa shell bead. The human remains, consisting of 16 bone fragments, and two associated funerary objects were collected in 1998 from a disturbed context within site 12Cr0059 (Indian Cave), Crawford County, Indiana.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The Hoosier National Forest has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of a minimum of one individual of Native American ancestry.</P>
                <P>• The two objects described in this notice are reasonably believed to have been placed intentionally with or near individual human remains at the time of death or later as part of the death rite or ceremony.</P>
                <P>• The Miami Tribe of Oklahoma has priority for disposition of the human remains and associated funerary objects described in this notice.</P>
                <HD SOURCE="HD1">Claims for Disposition</HD>
                <P>
                    Written claims for disposition of the human remains and associated funerary objects in this notice must be sent to the appropriate official identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . If no claim for disposition is received by March 19, 2026, the human remains and associated funerary objects in this notice will become unclaimed human remains and associated funerary objects. Claims for disposition may be submitted by:
                </P>
                <P>1. Any lineal descendant, Indian Tribe, or Native Hawaiian organization identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that they have priority for disposition.</P>
                <P>Disposition of the human remains and associated funerary objects in this notice may occur on or after April 18, 2025. If competing claims for disposition are received, the Hoosier National Forest must determine the most appropriate claimant prior to disposition. Requests for joint disposition of the human remains and associated funerary objects are considered a single request and not competing requests. The Hoosier National Forest is responsible for sending a copy of this notice to the lineal descendants, Indian Tribes, and Native Hawaiian organizations identified in this notice and to any other consulting parties.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3002, and the implementing regulations, 43 CFR 10.7.
                </P>
                <SIG>
                    <DATED>Dated: February 11, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04455 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039605; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Peabody Museum of Archaeology and Ethnology, Harvard University (PMAE) has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 17, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Deanna Byrd, PMAE, Harvard University, 11 Divinity Avenue, Cambridge, MA 02138, telephone (617) 496-3702, email 
                        <E T="03">deannabyrd@fas.harvard.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the PMAE, and additional information on the determinations in this notice, including the results of consultation, can be found in the inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>
                    Human remains representing, at least, one individual have been reasonably identified. The are no associated 
                    <PRTPAGE P="12782"/>
                    funerary objects present. In 1939, Isaac Richardson removed the remains of one individual from San Gabriel Canyon, Los Angeles County, CA, and donated their remains to the PMAE the same year.
                </P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The PMAE has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of one individual of Native American ancestry.</P>
                <P>
                    • There is a reasonable connection between the human remains described in this notice and the Yuhaaviatam of San Manuel Nation (
                    <E T="03">previously</E>
                     listed as San Manuel Band of Mission Indians, California).
                </P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.</P>
                <P>Repatriation of the human remains in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the PMAE must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. The PMAE is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 25, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04639 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039642; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: U.S. Department of the Interior, Bureau of Reclamation, Oklahoma-Texas Area Office, Oklahoma City, OK</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the U.S. Department of the Interior, Bureau of Reclamation, Oklahoma-Texas Area Office (OTAO) has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 17, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Kate Ellison, Bureau of Reclamation, Oklahoma-Texas Area Office, 5924 NW 2nd Street, Suite 200, Oklahoma City, OK 73127, telephone (405) 470-4816, email 
                        <E T="03">kellison@usbr.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Kate Ellison, Bureau of Reclamation, at telephone (405) 470-4816, or by email 
                        <E T="03">to</E>
                          
                        <E T="03">k</E>
                        <E T="03">e</E>
                        <E T="03">l</E>
                        <E T="03">lison@usbr.gov.</E>
                         Individuals who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the OTAO, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Human remains representing, at least, two individuals have been identified at archeological site 41TG91 in Tom Green County, Texas. No associated funerary objects are present. In 1978, the archeological section of the Texas State Department of Highways and Public Transportation conducted excavations at archeological site 41TG91 and removed human remains. Excavations in 1978 sampled Late Holocene deposits containing archeological materials dating from ca. 600 BC to A.D. 1650 or 17000.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The OTAO has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of two individuals of Native American ancestry.</P>
                <P>• There is a connection between the human remains described in this notice and the Mescalero Apache Tribe of the Mescalero Reservation, New Mexico and the Wichita and Affiliated Tribes (Wichita, Keechi, Waco, &amp; Tawakonie), Oklahoma.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains described in this notice to a requestor may occur on or after April 17, 2025]. If competing requests for repatriation are received, the OTAO must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. The OTAO is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <PRTPAGE P="12783"/>
                    <DATED>Dated: March 5, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04629 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039522; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: University of California, Davis, Davis, CA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the University of California, Davis (UC Davis) has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains and associated funerary objects in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Megon Noble, NAGPRA Project Manager, University of California, Davis, 412 Mrak Hall, One Shields Avenue, Davis, CA 95616, telephone (530) 752-8501, email 
                        <E T="03">mnoble@ucdavis.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of UC Davis, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>
                    Human remains representing, at least, three individuals have been identified. Based on the available information, there are a total of 82 lots of associated funerary objects (four of which are currently missing or discarded). The 78 lots of present associated funerary objects are one lot of petrified wood, one tinkler, two lots of miscellaneous organic material, three lots of miscellaneous clay, three lots of unmodified shell, five lots of shell beads, six lots of miscellaneous worked shell, six lots of projectile points, seven lots of groundstone, eight lots of minerals, 10 lots of chipped stone, 11 lots of bone awls, and 15 lots of unmodified bone and horn. The four lots of currently missing or discarded associated funerary objects are one lot of groundstone, one lot of shell, one lot of unidentified missing material, and one lot of unidentified discarded material. Mary Elizabeth “Betty” Shutler and the UC Davis Archaeology Field School of 1963 conducted surface investigations and a test pit in the Swanson Site Area, near Fairfield, California (UC Davis Accession 2). The affiliation is with the Patwin Tribes: Cachil DeHe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California; Kletsel Dehe Wintun Nation of the Cortina Rancheria (
                    <E T="03">previously</E>
                     listed as Kletsel Dehe Band of Wintun Indians); and Yocha Dehe Wintun Nation, California. The University is unaware of any treatment of the associated funerary objects with pesticides, preservatives, or other substances. However, UC Davis has not conducted any pesticide testing.
                </P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is clearly identified by the information available about the human remains and associated funerary objects described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>UC Davis has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of three individuals of Native American ancestry.</P>
                <P>• The 82 objects described in this notice are reasonably believed to have been placed intentionally with or near individual human remains at the time of death or later as part of the death rite or ceremony.</P>
                <P>
                    • There is a connection between the human remains and associated funerary objects described in this notice and the Cachil DeHe Band of Wintun Indians of the Colusa Indian Community of the Colusa Rancheria, California; Kletsel Dehe Wintun Nation of the Cortina Rancheria (
                    <E T="03">previously</E>
                     listed as Kletsel Dehe Band of Wintun Indians); and the Yocha Dehe Wintun Nation, California
                </P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains and associated funerary objects in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains and associated funerary objects described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, UC Davis must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains and associated funerary objects are considered a single request and not competing requests. UC Davis is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 11, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04457 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039557; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: U.S. Department of the Interior, Bureau of Land Management, Arizona State Office, Phoenix, AZ</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the U.S. Department of the Interior, Bureau of Land Management, Arizona State Office has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains and associated funerary objects in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Raymond Suazo, State Director, Arizona State Office, Bureau of 
                        <PRTPAGE P="12784"/>
                        Land Management, One North Central Avenue, Suite 800, Phoenix, AZ 85004-4427, telephone (602) 417-9500, email 
                        <E T="03">rmsuazo@blm.gov.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the Bureau of Land Management, Arizona State Office, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Human remains representing 11 individuals or more have been identified. The 235 associated funerary objects consist of pottery. These human remains and funerary objects were confiscated/surrendered to BLM Law Enforcement personnel in April of 2013 as part of an investigation of a report of looting of several sites in the areas of Globe and Young, Gila Country, Arizona. The individual suspected of removing the human remains was deceased at the time of the confiscation, but was known to have actively looted archaeological sites in the 1980s in the Globe area of Gila County, AZ.</P>
                <P>An examination of the human remains conducted in 2015 found they were human and most likely prehistoric. Some aspects of the remains found evidence of pre-mortem alternations of the human remains that are consistent with those seen in Salado and Mogollon cultures. The pottery present, predominately obliterated corrugated sherd, is consistent with ceramics found in the Salado and Mogollon cultural areas and, in consultation, two culturally affiliated tribes identified the ceramics as funerary objects.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, the cultural affiliation is reasonably identified by the geographical location, acquisition history, and consultations conducted with the Ak-Chin Indian Community, Hopi Tribe of Arizona, Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona, the Gila River Indian Community of the Gila River Indian Reservation, Arizona and the Tohono O'odham Nation of Arizona.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The Bureau of Land Management, Arizona State Office, has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of 11 individuals of Native American ancestry.</P>
                <P>• The 235 objects described in this notice are reasonably believed to have been placed intentionally with or near individual human remains at the time of death or later as part of the death rite or ceremony.</P>
                <P>• There is a connection between the human remains and associated funerary objects described in this notice and the Ak-Chin Indian Community; Gila River Indian Community of the Gila River Indian Reservation, Arizona; Hopi Tribe of Arizona; Salt River Pima-Maricopa Indian Community of the Salt River Reservation, Arizona; and the Tohono O'odham Nation of Arizona.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains and associated funerary objects in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains and associated funerary objects described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the Bureau of Land Management, Arizona State Office, must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains and associated funerary objects are considered a single request and not competing requests. The Bureau of Land Management, Arizona State Office, is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 19, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04607 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039640; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: U.S. Department of the Interior, Bureau of Reclamation, Oklahoma-Texas Area Office, Oklahoma City, OK</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the U.S. Department of the Interior, Bureau of Reclamation, Oklahoma-Texas Area Office (OTAO) has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains and associated funerary objects in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Kate Ellison, Bureau of Reclamation, Oklahoma-Texas Area Office, 5924 NW 2nd Street, Suite 200, Oklahoma City, OK 73127, telephone (405) 470-4816, email 
                        <E T="03">kellison@usbr.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Kate Ellison, Bureau of Reclamation, Oklahoma-Texas Area Office at telephone (405) 470-4816, or by email to 
                        <E T="03">kellison@usbr.gov.</E>
                         Individuals who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the OTAO, and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>
                    Human remains representing, at least, one individual has been identified. The three associated funerary objects are two 
                    <PRTPAGE P="12785"/>
                    oyster shells and one mussel shell. The individual and the three associated funerary objects were found in a feature at archeological site 41JK91 (Venom Hill) on September 20, 1974, during archeological investigations by the University of Texas at Austin at Palmetto Bend Reservoir, Jackson County, Texas. Lump charcoal that was tested from a nearby feature on the same archeological site was given an estimated date of 2,300 ± 90 BP.
                </P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains and associated funerary objects described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The OTAO has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of one individual of Native American ancestry.</P>
                <P>• The three objects described in this notice are reasonably believed to have been placed intentionally with or near individual human remains at the time of death or later as part of the death rite or ceremony.</P>
                <P>• There is a connection between the human remains and associated funerary objects described in this notice and the Mescalero Apache Tribe of the Mescalero Reservation, New Mexico.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains and associated funerary objects in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains and associated funerary objects described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the OTAO determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains and associated funerary objects are considered a single request and not competing requests. The OTAO is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: March 5, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04627 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039599; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: Grand Rapids Public Museum, Grand Rapids, MI</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Grand Rapids Public Museum has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Alex Forist, Grand Rapids Public Museum, 272 Pearl Street NW, Grand Rapids, MI 49504, telephone (616) 929-1809, email 
                        <E T="03">aforist@grpm.org.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the Grand Rapids Public Museum and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Human remains representing, at least, eight individuals have been identified. No associated funerary objects are present. According to the Grand Rapids Public Museum's records, these ancestral remains are the human scalp locks of at least four individuals and navel amulets of four individuals.</P>
                <P>The first scalp lock was purchased by the Grand Rapids Public Museum (previously called the Kent Scientific Institute) from G.A. VanLopik (b.1873-d.1964) of Zeeland, Michigan. He displayed his collection at the Kent Scientific Institute around 1911 and in September 1912, Grand Rapids Public Museum purchased a substantial number of Great Plains objects from VanLopik. A museum record listed these scalp locks alongside garments and weapons accumulated by VanLopik in the American West during his residence in South Dakota.</P>
                <P>The second scalp lock was described in museum records as scalp locks that were part of the Harry Moorman Memorial Collection. Harry A. Moorman (b. 1889-d. 1947) was an employee of the Grand Rapids Public Museum in the 1910s. There are no details on where the locks were obtained.</P>
                <P>The third scalp lock is held in a circular-shaped holder made of leather with multi-colored beads. The GRPM donor records state these were: “Given to Elijah Mead of New Boston, Ill., by Chief Little Crow in 1862” believed to be Mdewakanton Dakota Chief Little Crow III (b. c.1810-d. July 3, 1863). At an unknown date the scalp lock and holder were obtained by Lynn Munger (b. 1918-d. 2017) an antiquities dealer from Steuben County, Indiana who stated they were from the Howard Collection of Rock Island, Illinois. Dr. Ruth Herrick (b.1895-d.1974) of Lowell, Michigan purchased them in 1970 from Munger. In 1974, the Grand Rapids Public Museum acquired these from Ruth Herrick by bequest.</P>
                <P>The fourth scalp lock is attached to a war club and is noted in the GRPM records as being from the Northern Plains. It was donated to GRPM by R.A. O'Donald of Grand Rapids, Michigan in 1952 who donated several Native American cultural objects from the Midwestern United States.</P>
                <P>The four navel amulets are beaded pouches that each contain the preserved umbilical cord of a child. The navel amulet is sewn in the shape of a turtle for girls and a lizard for boys. These are geographically associated with Native American Plains cultures and used as a protective charm throughout a child's life and usually buried with them upon their death.</P>
                <P>
                    There are two turtle-shaped navel amulets representing two individuals acquired from G.A. VanLopik (b.1873-d.1964) of Zeeland, Michigan in 1905. One is described as Sioux and the other Cheyenne. He displayed his collection at the Kent Scientific Institute around 1911 and in September 1912, Grand Rapids Public Museum purchased a substantial number of additional Great 
                    <PRTPAGE P="12786"/>
                    Plains objects from VanLopik. He had a residence in South Dakota.
                </P>
                <P>The third turtle-shaped navel amulet represents one individual and was donated to GRPM by R.A. O'Donald of Grand Rapids, Michigan in 1952 who donated several Native American cultural objects from the Midwestern United States.</P>
                <P>The fourth is a lizard-shaped navel amulet representing one individual that was donated by Dr. Ruth Herrick (b.1895-d.1974) of Lowell, Michigan. Museum records describe it as Sioux. In 1974, the Grand Rapids Public Museum acquired these from Ruth Herrick by bequest.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The Grand Rapids Public Museum has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of a minimum of eight individuals of Native American ancestry.</P>
                <P>• There is a connection between the human remains described in this notice and the Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South Dakota; Crow Creek Sioux Tribe of the Crow Creek Reservation, South Dakota; Flandreau Santee Sioux Tribe of South Dakota; Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota; Lower Sioux Indian Community in the State of Minnesota; Oglala Sioux Tribe; Omaha Tribe of Nebraska; Prairie Island Indian Community in the State of Minnesota; Rosebud Sioux Tribe of the Rosebud Indian Reservation, South Dakota; Santee Sioux Nation, Nebraska; Shakopee Mdewakanton Sioux Community of Minnesota; Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, South Dakota; Standing Rock Sioux Tribe of North &amp; South Dakota; Three Affiliated Tribes of the Fort Berthold Reservation, North Dakota; Upper Sioux Community, Minnesota; Winnebago Tribe of Nebraska; and the Yankton Sioux Tribe of South Dakota.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the Grand Rapids Public Museum must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. The Grand Rapids Public Museum is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: February 25, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04617 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039528; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Intended Repatriation: San Bernardino County Museum, Redlands, CA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), San Bernardino County Museum intends to repatriate certain cultural items that meet the definition of objects of cultural patrimony and that have a cultural affiliation with the Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the cultural items in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Tamara Serrao-Leiva, San Bernardino County Museum, 2024 Orange Tree Lane, Redlands, CA 92374, telephone (909) 798-8623, email 
                        <E T="03">tserrao-leiva@sbcm.sbcounty.gov.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of San Bernardino County Museum, and additional information on the determinations in this notice, including the results of consultation, can be found in the summary or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>A total of four lots of cultural items have been requested for repatriation. The four lots of cultural items are one lot of necklaces, one lot of various beads, one lot of various buttons, and one lot of faunal bones. The cultural items are objects of cultural patrimony removed from Auburn, CA. The items were later presented to the Archaeological Survey Association (ASA). Once ASA disbanded, the cultural items were held at University of Redlands until they were donated to San Bernardino County Museum.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>San Bernardino County Museum has determined that:</P>
                <P>• The four lots of objects of cultural patrimony described in this notice have ongoing historical, traditional, or cultural importance central to the Native American group, including any constituent sub-group (such as a band, clan, lineage, ceremonial society, or other subdivision), according to the Native American traditional knowledge of an Indian Tribe or Native Hawaiian organization.</P>
                <P>• There is a reasonable connection between the cultural items described in this notice and the United Auburn Indian Community of the Auburn Rancheria of California.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Additional, written requests for repatriation of the cultural items in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.
                </P>
                <P>
                    Repatriation of the cultural items in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the San Bernardino County Museum 
                    <PRTPAGE P="12787"/>
                    must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the cultural items are considered a single request and not competing requests. The San Bernardino County Museum is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice and to any other consulting parties.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3004 and the implementing regulations, 43 CFR 10.9.
                </P>
                <SIG>
                    <DATED>Dated: February 11, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04463 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039645; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: Peabody Museum of Archaeology and Ethnology, Harvard University, Cambridge, MA</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Peabody Museum of Archaeology and Ethnology, Harvard University (PMAE) has completed an inventory of human remains and has determined that there is a cultural affiliation between the human remains and Indian Tribes or Native Hawaiian organizations in this notice. The human remains were collected at the Flandreau Indian School, Moody County, SD.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Jane Pickering, Peabody Museum of Archaeology and Ethnology, Harvard University, 11 Divinity Avenue, Cambridge, MA 02138, telephone (617) 496-2374, email 
                        <E T="03">jpickering@fas.harvard.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the PMAE, and additional information on the determinations in this notice, including the results of consultation, can be found in the inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Based on the information available, human remains representing, at minimum, one individual were collected at the Flandreau Indian School, Moody County, SD. The human remains are hair clippings collected from one individual who was recorded as being 19 years old and identified as “Bannock.” George E. Peters took the hair clippings at the Flandreau Indian School between 1930 and 1933. Peters sent the hair clippings to George Woodbury, who donated the hair clippings to the PMAE in 1935. No associated funerary objects are present.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the available information and the results of consultation, cultural affiliation is clearly identified by the information available about the human remains described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The PMAE has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of one individual of Native American ancestry.</P>
                <P>• There is a reasonable connection between the human remains described in this notice and the Shoshone-Bannock Tribes of the Fort Hall Reservation.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains in this notice must be sent to the Responsible Official identified in 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.</P>
                <P>Repatriation of the human remains in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the PMAE must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains are considered a single request and not competing requests. The PMAE is responsible for sending a copy of this notice to the Indian Tribe identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <DATED>Dated: March 5, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04632 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039565; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Intended Repatriation: John James Audubon State Park of Kentucky State Parks, Henderson, KY</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the John James Audubon State Park intends to repatriate a certain cultural item that meets the definition of an object of cultural patrimony and that has a cultural affiliation with the Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the cultural item in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Connor Humphrey, John James Audubon State Park, 3100 US Highway 41 North, Henderson, KY 42420, telephone (502) 782-9716, email 
                        <E T="03">connor.humphrey@ky.gov.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the John James Audubon State Park, and additional information on the determinations in this notice, including the results of consultation, can be found in the summary or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>
                    A total of one cultural item has been requested for repatriation by the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana. The one object of cultural patrimony is a Blackfeet Hairlock Shirt. It was given to the artist and naturalist John James Audubon by James Kipp of the American Fur Trade Company at Fort Union near Williston, North Dakota. The Hairlock Shirt was passed down in Audubon's family and 
                    <PRTPAGE P="12788"/>
                    came to John James Audubon State Park in 1938. The Commonwealth of Kentucky purchased the shirt from Audubon's descendants in 1994. The shirt is Blackfeet as it bears the Blackfeet symbol on both the obverse and reverse of the shirt in addition to Audubon's documentation of receiving the shirt in his journal. No hazardous materials were used to treat the shirt that are known.
                </P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The John James Audubon State Park has determined that:</P>
                <P>• The one object of cultural patrimony described in this notice has ongoing historical, traditional, or cultural importance central to the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana based on the tribe's Native American traditional knowledge. There is a strong connection between the cultural items described in this notice and the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Additional, written requests for repatriation of the cultural item in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.
                </P>
                <P>Repatriation of the cultural item in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the John James Audubon State Park must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the cultural item are considered a single request and not competing requests. The John James Audubon State Park is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice and to any other consulting parties.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3004 and the implementing regulations, 43 CFR 10.9.
                </P>
                <SIG>
                    <DATED>Dated: February 19, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04613 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039600; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Inventory Completion: Hood Museum of Art, Dartmouth College, Hanover, NH</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Hood Museum of Art, Dartmouth College has completed an inventory of human remains and associated funerary objects and has determined that there is a cultural affiliation between the human remains and associated funerary objects and Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the human remains and associated funerary objects in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Jami C. Powell, Associate Director of Curatorial Affairs &amp; Curator of Indigenous Art, Hood Museum of Art, 6 East Wheelock Street, Hanover, NH 03755, telephone (603) 646-2822, email 
                        <E T="03">hood.NAGPRA@dartmouth.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of the Hood Museum of Art, Dartmouth College and additional information on the determinations in this notice, including the results of consultation, can be found in its inventory or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>Human remains representing, at least, one individual have been identified. The one associated funerary object is one lot of semi-melted beads. This ancestor was removed by anthropologist Robert A. McKennan in 1929-30 during field research studying the Tanana and Chandalar people of the Upper Tanana River, Alaska, and was subsequently donated to the Dartmouth College Museum. The ancestor was removed “near the mouth of the Nabesna River” in Southeast Fairbanks County in Alaska. According to McKennan, the ancestor was said to be of “Upper Yukon men” and had likely died prior to 1870, when cremation ceased in the area.</P>
                <HD SOURCE="HD1">Cultural Affiliation</HD>
                <P>Based on the information available and the results of consultation, cultural affiliation is reasonably identified by the geographical location or acquisition history of the human remains and associated funerary objects described in this notice.</P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The Hood Museum of Art, Dartmouth College has determined that:</P>
                <P>• The human remains described in this notice represent the physical remains of one individual of Native American ancestry.</P>
                <P>• The one object described in this notice are reasonably believed to have been placed intentionally with or near individual human remains at the time of death or later as part of the death rite or ceremony.</P>
                <P>• There is a connection between the human remains and associated funerary objects described in this notice and Northway Village.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Written requests for repatriation of the human remains and associated funerary objects in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by:
                </P>
                <P>1. Any one or more of the Indian Tribes or Native Hawaiian organizations identified in this notice.</P>
                <P>2. Any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or an Indian Tribe or Native Hawaiian organization with cultural affiliation.</P>
                <P>Repatriation of the human remains and associated funerary objects described in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the Hood Museum of Art, Dartmouth College must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the human remains and associated funerary objects are considered a single request and not competing requests. The Hood Museum of Art, Dartmouth College is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3003, and the implementing regulations, 43 CFR 10.10.
                </P>
                <SIG>
                    <PRTPAGE P="12789"/>
                    <DATED>Dated: February 25, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04618 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NAGPRA-NPS0039524; PPWOCRADN0-PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>Notice of Intended Repatriation: Culver-Stockton College, Canton, MO</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), the Culver-Stockton College intends to repatriate certain cultural items that meet the definition of sacred objects/objects of cultural patrimony and that have a cultural affiliation with the Indian Tribes or Native Hawaiian organizations in this notice.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Repatriation of the cultural items in this notice may occur on or after April 18, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        C. Patrick Hotle, Culver-Stockton College, NO 1 College Hill, Canton, MO 63435, telephone (217) 592-2300, email 
                        <E T="03">photle@culver.edu.</E>
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA. The determinations in this notice are the sole responsibility of Culver-Stockton College and additional information on the determinations in this notice, including the results of consultation, can be found in the summary or related records. The National Park Service is not responsible for the determinations in this notice.</P>
                <HD SOURCE="HD1">Abstract of Information Available</HD>
                <P>
                    A total of six cultural items have been requested for repatriation. The six sacred objects/objects of cultural patrimony are four pipes, a ceremonial axe and a boatstone. No. 782, Box E is a steatite boatstone engraved and drilled measuring 4″ by 
                    <FR>5/8</FR>
                    ″ from Union County, GA. No. 740, Box E is a white marble ceremonial axe measuring 14
                    <FR>1/4</FR>
                    ″ by 6″ from Bartow County, GA. No. 785, Box E is a steatite bear effigy pipe measuring 1
                    <FR>1/2</FR>
                    ″ by 1
                    <FR>1/4</FR>
                    ″ from Lumpkin, County, GA. No. 1107, Box E is a steatite human effigy pipe measuring 7
                    <FR>1/4</FR>
                    ″ by 
                    <FR>1/2</FR>
                    ″1 from Bartow County, GA. No. 1113, Box G is a steatite fish effigy pipe measuring 12″ by 3
                    <FR>1/2</FR>
                    ″ from Gibson County, Tennessee. No. 755, Box H is a sandstone bird effigy pipe measuring 11
                    <FR>1/2</FR>
                    ″ by 3
                    <FR>1/4</FR>
                    ″ from an unknown location in Tennessee. All of these objects came to the college through the Paul Cory collection given in 1975. Nothing is known about these objects but what is written on the objects themselves. There has been no potentially hazardous substances used to treat these objects.
                </P>
                <HD SOURCE="HD1">Determinations</HD>
                <P>The Culver-Stockton College has determined that:</P>
                <P>• The six sacred objects/objects of cultural patrimony described in this notice are, according to the Native American traditional knowledge of an Indian Tribe or Native Hawaiian organization, specific ceremonial objects needed by a traditional Native American religious leader for present-day adherents to practice traditional Native American religion, and have ongoing historical, traditional, or cultural importance central to the Native American group, including any constituent sub-group (such as a band, clan, lineage, ceremonial society, or other subdivision).</P>
                <P>• There is a reasonable connection between the cultural items described in this notice and The Muscogee (Creek) Nation.</P>
                <HD SOURCE="HD1">Requests for Repatriation</HD>
                <P>
                    Additional, written requests for repatriation of the cultural items in this notice must be sent to the authorized representative identified in this notice under 
                    <E T="02">ADDRESSES</E>
                    . Requests for repatriation may be submitted by any lineal descendant, Indian Tribe, or Native Hawaiian organization not identified in this notice who shows, by a preponderance of the evidence, that the requestor is a lineal descendant or a culturally affiliated Indian Tribe or Native Hawaiian organization.
                </P>
                <P>Repatriation of the cultural items in this notice to a requestor may occur on or after April 18, 2025. If competing requests for repatriation are received, the Culver-Stockton College must determine the most appropriate requestor prior to repatriation. Requests for joint repatriation of the cultural items are considered a single request and not competing requests. The Culver-Stockton College is responsible for sending a copy of this notice to the Indian Tribes and Native Hawaiian organizations identified in this notice and to any other consulting parties.</P>
                <P>
                    <E T="03">Authority:</E>
                     Native American Graves Protection and Repatriation Act, 25 U.S.C. 3004 and the implementing regulations, 43 CFR 10.9.
                </P>
                <SIG>
                    <DATED>Dated: February 11, 2025.</DATED>
                    <NAME>Melanie O'Brien,</NAME>
                    <TITLE>Manager, National NAGPRA Program.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04459 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <DEPDOC>[Investigation Nos. 701-TA-704-705 and 731-TA-1664-1666 (Final)]</DEPDOC>
                <SUBJECT>Paper Plates From China, Thailand, and Vietnam</SUBJECT>
                <HD SOURCE="HD1">Determinations</HD>
                <P>
                    On the basis of the record 
                    <SU>1</SU>
                    <FTREF/>
                     developed in the subject investigations, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that an industry in the United States is materially injured by reason of imports of paper plates from China, Thailand, and Vietnam, provided for in subheading 4823.69.00 of the Harmonized Tariff Schedule of the United States, that have been found by the U.S. Department of Commerce (“Commerce”) to be sold in the United States at less than fair value (“LTFV”), and that have been found to be subsidized by the governments of China and Vietnam.
                    <E T="51">2 3</E>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The record is defined in § 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         90 FR 8271; 90 FR 8262; 90 FR 8265; 90 FR 8281; 90 FR 8258 (January 28, 2025).
                    </P>
                    <P>
                        <SU>3</SU>
                         The Commission also finds that imports subject to Commerce's affirmative critical circumstances determinations are likely to undermine seriously the remedial effect of the countervailing and antidumping duty orders on paper plates from China (Commissioner David S. Johanson dissenting), and are not likely to undermine seriously the remedial effect of the antidumping duty order on paper plates from Thailand or the countervailing and antidumping duty orders on paper plates from Vietnam (Commissioner Jason E. Kearns dissenting on Vietnam).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The Commission instituted these investigations effective January 25, 2024, following receipt of petitions filed with the Commission and Commerce by the American Paper Plate Coalition, which is comprised of AJM Packaging Corporation, Bloomfield Hills, Michigan, Aspen Products, Inc., Kansas City, Missouri, Dart Container Corporation, Mason, Michigan, Hoffmaster Group, Inc., Oshkosh, Wisconsin, Huhtamaki Americas, Inc., De Soto, Kansas, and Unique Industries, Inc., Philadelphia, Pennsylvania. The final phase of the investigations was scheduled by the Commission following notification of preliminary 
                    <PRTPAGE P="12790"/>
                    determinations by Commerce that imports of paper plates from China and Vietnam were subsidized within the meaning of section 703(b) of the Act (19 U.S.C. 1671b(b)) and imports of paper plates from China, Thailand, and Vietnam were sold at LTFV within the meaning of 733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final phase of the Commission's investigations and of a public hearing to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the 
                    <E T="04">Federal Register</E>
                     on September 18, 2024 (89 FR 76508). Since one interested party requested cancellation of the hearing after no other parties submitted a request to appear at the hearing, the public hearing in connection with the investigations, originally scheduled for January 23, 2025, was cancelled (90 FR 8142, January 24, 2025).
                </P>
                <P>
                    The Commission made these determinations pursuant to §§ 705(b) and 735(b) of the Act (19 U.S.C. 1671d(b) and 19 U.S.C. 1673d(b)). It completed and filed its determinations in these investigations on March 13, 2025. The views of the Commission are contained in USITC Publication 5595 (March 2025), entitled 
                    <E T="03">Paper Plates from China, Thailand, and Vietnam: Investigation Nos. 701-TA-704-705 and 731-TA-1664-1666 (Final).</E>
                </P>
                <SIG>
                    <P>By order of the Commission.</P>
                    <DATED>Issued: March 14, 2025.</DATED>
                    <NAME>Lisa Barton,</NAME>
                    <TITLE>Secretary to the Commission.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04554 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <DEPDOC>[Investigation No. 337-TA-1442]</DEPDOC>
                <SUBJECT>Certain Glow Fish Tape Systems, Safety Helmet Systems, and Components Thereof; Notice of Institution of Investigation</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. International Trade Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on February 11, 2025, under section 337 of the Tariff Act of 1930, as amended, on behalf of Klein Tools, Inc., of Lincolnshire, IL. The complaint was supplemented on March 3, 2025. The complaint, as supplemented, alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain glow fish tape systems, safety helmet systems, and components thereof by reason of the infringement of certain claims of U.S. Patent No. 11,452,327 (“the '327 patent”); U.S. Patent No. 11,713,209 (“the '209 patent”); and U.S. Patent No. 12,187,573 (“the '573 patent”). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute. The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.</P>
                </SUM>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The complaint, except for any confidential information contained therein, may be viewed on the Commission's electronic docket (EDIS) at 
                        <E T="03">https://edis.usitc.gov.</E>
                         For help accessing EDIS, please email 
                        <E T="03">EDIS3Help@usitc.gov.</E>
                         Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205-2000. General information concerning the Commission may also be obtained by accessing its internet server at 
                        <E T="03">https://www.usitc.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Susan Orndoff, The Office of the Secretary, Docket Services Division, U.S. International Trade Commission, telephone (202) 205-1802.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Authority:</E>
                     The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2025).
                </P>
                <P>
                    <E T="03">Scope of Investigation:</E>
                     Having considered the complaint, the U.S. International Trade Commission, on March 13, 2025, 
                    <E T="03">ordered that</E>
                    —
                </P>
                <P>(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain products identified in paragraph (2) by reason of infringement of one or more of claims 1, 3-8, 10, 11, and 13-17 of the '327 patent; 6, 8, 9, 11, and 14-17 of the '209 patent; and 1, 2, 4, 6-8, 10, and 14-17 of the '573 patent, and whether an industry in the United States exists as required by subsection (a)(2) of section 337;</P>
                <P>(2) Pursuant to section 210.10(b)(1) of the Commission's Rules of Practice and Procedure, 19 CFR 210.10(b)(1), the plain language description of the accused products or category of accused products, which defines the scope of the investigation, is “glow fish tape systems, safety helmet systems—the latter of which include safety helmets and hard hats with an outer shell including a brim and front and rear receptacles, and accessory devices that are releasably mountable onto at least a portion of each of the front and rear receptacles—and components thereof”;</P>
                <P>(3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:</P>
                <P>(a) The complainant is: Klein Tools, Inc., 450 Bond Street, Lincolnshire, IL 60069.</P>
                <P>(b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served: Milwaukee Electric Tool Corporation, 13135 West Lisbon Road, Brookfield, WI 53005.</P>
                <P>(4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge.</P>
                <P>The Office of Unfair Import Investigations will not participate as a party in this investigation. Responses to the complaint and the notice of investigation must be submitted by the named respondent in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown.</P>
                <P>
                    Failure of the respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to 
                    <PRTPAGE P="12791"/>
                    the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent.
                </P>
                <SIG>
                    <P>By order of the Commission.</P>
                    <DATED>Issued: March 13, 2025.</DATED>
                    <NAME>Lisa Barton,</NAME>
                    <TITLE>Secretary to the Commission.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04532 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <SUBJECT>Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. International Trade Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled 
                        <E T="03">Certain Active Electrical Cables and Components Thereof, DN 3814;</E>
                         the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.
                    </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at 
                        <E T="03">https://edis.usitc.gov.</E>
                         For help accessing EDIS, please email 
                        <E T="03">EDIS3Help@usitc.gov.</E>
                    </P>
                    <P>
                        General information concerning the Commission may also be obtained by accessing its internet server at United States International Trade Commission (USITC) at 
                        <E T="03">https://www.usitc.gov</E>
                         . The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at 
                        <E T="03">https://edis.usitc.gov.</E>
                         Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of Credo Semiconductor Inc. and Credo Technology Group Ltd. on March 13, 2025. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain active electrical cables and components thereof. The complaint names as respondents: Amphenol Corporation of Wallingford, CT; Molex, LLC of Lisle, IL; TE Connectivity PLC of Ireland; and Volex PLC of the United Kingdom. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders, and impose a bond upon respondents' alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j).</P>
                <P>Proposed respondents, other interested parties, members of the public, and interested government agencies are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.</P>
                <P>In particular, the Commission is interested in comments that:</P>
                <P>(i) explain how the articles potentially subject to the requested remedial orders are used in the United States;</P>
                <P>(ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;</P>
                <P>(iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;</P>
                <P>(iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and</P>
                <P>(v) explain how the requested remedial orders would impact United States consumers.</P>
                <P>
                    Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                    . There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the 
                    <E T="04">Federal Register</E>
                    . Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due, notwithstanding § 201.14(a) of the Commission's Rules of Practice and Procedure. No other submissions will be accepted, unless requested by the Commission. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments.
                </P>
                <P>
                    Persons filing written submissions must file the original document electronically on or before the deadlines stated above. Submissions should refer to the docket number (“Docket No. 3814”) in a prominent place on the cover page and/or the first page. (
                    <E T="03">See</E>
                     Handbook for Electronic Filing Procedures, Electronic Filing Procedures 
                    <SU>1</SU>
                    <FTREF/>
                    ). Please note the Secretary's Office will accept only electronic filings during this time. Filings must be made through the Commission's Electronic Document Information System (EDIS, 
                    <E T="03">https://edis.usitc.gov.</E>
                    ) No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding filing should contact the Secretary at 
                    <E T="03">EDIS3Help@usitc.gov.</E>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Handbook for Electronic Filing Procedures: 
                        <E T="03">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. 
                    <E T="03">See</E>
                     19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 
                    <PRTPAGE P="12792"/>
                    U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,
                    <SU>2</SU>
                    <FTREF/>
                     solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         All contract personnel will sign appropriate nondisclosure agreements.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Electronic Document Information System (EDIS): 
                        <E T="03">https://edis.usitc.gov</E>
                    </P>
                </FTNT>
                <P>This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)).</P>
                <SIG>
                    <P>By order of the Commission.</P>
                    <DATED>Issued: March 13, 2025.</DATED>
                    <NAME>Lisa Barton,</NAME>
                    <TITLE>Secretary to the Commission.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04524 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">NATIONAL SCIENCE FOUNDATION</AGENCY>
                <SUBJECT>Proposal Review Panel for Materials Research; Notice of Meeting</SUBJECT>
                <P>In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:</P>
                <P>
                    <E T="03">Name and Committee Code:</E>
                     Proposal Review Panel for Materials Research—Materials Research Science and Engineering Center (MRSEC) at University of Illinois Urbana-Champaign (#1203) (Virtual Site Visit).
                </P>
                <P>
                    <E T="03">Date and Time:</E>
                     May 5, 2025; 9:30 a.m.-4:15 p.m.
                </P>
                <P>
                    <E T="03">Place:</E>
                     National Science Foundation, 2415 Eisenhower Ave, Alexandria VA 22314 (virtual).
                </P>
                <P>
                    To virtually attend the open sessions of the meeting, please send your request for the virtual meeting link to the following email: 
                    <E T="03">cfinta@nsf.gov.</E>
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     Part-Open.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Dr. Serdar Ogut, Program Director, National Science Foundation, 2415 Eisenhower Ave, Alexandria, VA 22314; Telephone: 703-292-4429.
                </P>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     NSF site visit to conduct a review during year 2 of the award period as stipulated in the cooperative agreement.
                </P>
                <P>
                    <E T="03">Agenda:</E>
                     To conduct an in depth evaluation of performance, to assess progress towards goals, and to provide recommendations.
                </P>
                <HD SOURCE="HD1">Monday, May 5, 2025</HD>
                <FP SOURCE="FP-1">9:30 a.m.-10 a.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-1">10 a.m.-1:05 p.m.—MRSEC Presentations (Open)</FP>
                <FP SOURCE="FP-1">1:05 p.m.-1:50 p.m.—Working Lunch (Closed)</FP>
                <FP SOURCE="FP-1">1:50 p.m.-3:05 p.m.—Poster Session (Open)</FP>
                <FP SOURCE="FP-1">3:05 p.m.-3:50 p.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-1">3:50 p.m.-4:15 p.m.—Debriefing (Open)</FP>
                <P>
                    <E T="03">Reason for Closing:</E>
                     The program being reviewed includes information of a proprietary or confidential nature, including technical information; financial data, such as salaries, and personal information concerning individuals associated with the program. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04539 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7555-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NATIONAL SCIENCE FOUNDATION</AGENCY>
                <SUBJECT>Proposal Review Panel for Materials Research; Notice of Meeting</SUBJECT>
                <P>In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:</P>
                <P>
                    <E T="03">Name and Committee Code:</E>
                     Proposal Review Panel for Materials Research—Materials Research Science and Engineering Center (MRSEC) at University of Washington (#1203) (Virtual Site Visit).
                </P>
                <P>
                    <E T="03">Date and Time:</E>
                     April 22, 2025; 11:30 a.m.-6:15 p.m.
                </P>
                <P>
                    <E T="03">Place:</E>
                     National Science Foundation, 2415 Eisenhower Ave, Alexandria VA 22314 (virtual).
                </P>
                <P>
                    To virtually attend the open sessions of the meeting, please send your request for the virtual meeting link to the following email: 
                    <E T="03">cfinta@nsf.gov.</E>
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     Part-Open.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Dr. Serdar Ogut, Program Director, National Science Foundation, 2415 Eisenhower Ave, Alexandria, VA 22314; Telephone: 703-292-4429.
                </P>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     NSF site visit to conduct a review during year 2 of the award period as stipulated in the cooperative agreement.
                </P>
                <P>
                    <E T="03">Agenda:</E>
                     To conduct an in depth evaluation of performance, to assess progress towards goals, and to provide recommendations.
                </P>
                <HD SOURCE="HD1">Tuesday, April 22, 2025</HD>
                <FP SOURCE="FP-1">11:30 a.m.-12 p.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-1">12 p.m.-3:05 p.m.—MRSEC Presentations (Open)</FP>
                <FP SOURCE="FP-1">3:05 p.m.-3:50 p.m.—Working Lunch (Closed)</FP>
                <FP SOURCE="FP-1">3:50 p.m.-5:05 p.m.—Poster Session (Open)</FP>
                <FP SOURCE="FP-1">5:05 p.m.-5:50 p.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-1">5:50 p.m.-6:15 p.m.—Debriefing (Open)</FP>
                <P>
                    <E T="03">Reason for Closing:</E>
                     The program being reviewed includes information of a proprietary or confidential nature, including technical information; financial data, such as salaries, and personal information concerning individuals associated with the program. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04536 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7555-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NATIONAL SCIENCE FOUNDATION</AGENCY>
                <SUBJECT>Proposal Review Panel for Materials Research; Notice of Meeting</SUBJECT>
                <P>In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:</P>
                <P>
                    <E T="03">Name and Committee Code:</E>
                     Proposal Review Panel for Materials Research—Materials Research Science and Engineering Center (MRSEC) University of Pennsylvania (DMR) (#1203) (Site Visit)
                </P>
                <P>
                    <E T="03">Date and Time:</E>
                     March 31, 2025; 9:30 a.m.-4:15 p.m.
                </P>
                <P>
                    <E T="03">Place:</E>
                     National Science Foundation, 2415 Eisenhower Avenue, Alexandria VA 22314 (Virtual).
                </P>
                <P>
                    To virtually attend the open sessions of the meeting, please send your request for the virtual meeting link to the following email: 
                    <E T="03">cfinta@nsf.gov</E>
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     Part-Open.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Dr. Serdar Ogut, Program Director, National Science Foundation, 2415 Eisenhower Avenue, Alexandria VA 22314; Telephone: 703-292-4429.
                </P>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     NSF site visit to conduct a review during year 2 of the award period as stipulated in the cooperative agreement.
                </P>
                <P>
                    <E T="03">Agenda:</E>
                     To conduct an in depth evaluation of performance, to assess progress towards goals, and to provide recommendations.
                </P>
                <HD SOURCE="HD1">Monday, March 31, 2025</HD>
                <FP SOURCE="FP-1">
                    9:30 a.m.-10:00 a.m.—Executive Sessions (Closed)
                    <PRTPAGE P="12793"/>
                </FP>
                <FP SOURCE="FP-1">10:00 a.m.-1:05 p.m.—MRSEC Presentations (Open)</FP>
                <FP SOURCE="FP-1">1:05 p.m.-1:50 p.m.—Working Lunch (Closed)</FP>
                <FP SOURCE="FP-1">1:50 p.m.-3:05 p.m.—Poster Session (Open)</FP>
                <FP SOURCE="FP-1">3:05 p.m.-3:50 p.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-1">3:50 p.m.-4:15 p.m.—Debriefing (Open)</FP>
                <P>
                    <E T="03">Reason for Closing:</E>
                     The program being reviewed during the site visit includes information of a proprietary or confidential nature, including technical information; financial data, such as salaries, and personal information concerning individuals associated with the program. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04534 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7555-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NATIONAL SCIENCE FOUNDATION</AGENCY>
                <SUBJECT>Proposal Review Panel for Materials Research; Notice of Meeting</SUBJECT>
                <P>In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:</P>
                <P>
                    <E T="03">Name and Committee Code:</E>
                     Proposal Review Panel for Materials Research—Materials Research Science and Engineering Center (MRSEC) at University of Wisconsin (#1203) (Virtual Site Visit).
                </P>
                <P>
                    <E T="03">Date and Time:</E>
                     April 4, 2025; 9:30 a.m.-4:15 p.m.
                </P>
                <P>
                    <E T="03">Place:</E>
                     National Science Foundation, 2415 Eisenhower Ave, Alexandria VA, 22314 (virtual).
                </P>
                <P>
                    To virtually attend the open sessions of the meeting, please send your request for the virtual meeting link to the following email: 
                    <E T="03">cfinta@nsf.gov.</E>
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     Part-Open.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Dr. Serdar Ogut, Program Director, National Science Foundation, 2415 Eisenhower Ave, Alexandria VA 22314; Telephone: 703-292-4429.
                </P>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     NSF site visit to conduct a review during year 2 of the award period as stipulated in the cooperative agreement.
                </P>
                <P>
                    <E T="03">Agenda:</E>
                     To conduct an in depth evaluation of performance, to assess progress towards goals, and to provide recommendations.
                </P>
                <HD SOURCE="HD1">Friday, April 4, 2025</HD>
                <FP SOURCE="FP-1">9:30 a.m.-10 a.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-1">10 a.m.-1:05 p.m.—MRSEC Presentations (Open)</FP>
                <FP SOURCE="FP-1">1:05 p.m.-1:50 p.m.—Working Lunch (Closed)</FP>
                <FP SOURCE="FP-1">1:50 p.m.-3:05 p.m.—Poster Session (Open)</FP>
                <FP SOURCE="FP-1">3:05 p.m.-3:50 p.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-1">3:50 p.m.-4:15 p.m.—Debriefing (Open)</FP>
                <P>
                    <E T="03">Reason for Closing:</E>
                     The program being reviewed includes information of a proprietary or confidential nature, including technical information; financial data, such as salaries, and personal information concerning individuals associated with the program. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04535 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7555-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NATIONAL SCIENCE FOUNDATION</AGENCY>
                <SUBJECT>Proposal Review Panel for Materials Research; Notice of Meeting</SUBJECT>
                <P>In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:</P>
                <P>
                    <E T="03">Name and Committee Code:</E>
                     Proposal Review Panel for Materials Research—Materials Research Science and Engineering Center (MRSEC) at University of Texas at Austin (#1203) (Virtual Site Visit).
                </P>
                <P>
                    <E T="03">Date and Time:</E>
                     April 29, 2025; 9:30 a.m.-4:15 p.m.
                </P>
                <P>
                    <E T="03">Place:</E>
                     National Science Foundation, 2415 Eisenhower Ave, Alexandria VA, 22314 (virtual).
                </P>
                <P>
                    To virtually attend the open sessions of the meeting, please send your request for the virtual meeting link to the following email: 
                    <E T="03">cfinta@nsf.gov.</E>
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     Part-Open.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Dr. Serdar Ogut, Program Director, National Science Foundation, 2415 Eisenhower Ave, Alexandria, VA 22314; Telephone: 703-292-4429.
                </P>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     NSF site visit to conduct a review during year 2 of the award period as stipulated in the cooperative agreement.
                </P>
                <P>
                    <E T="03">Agenda:</E>
                     To conduct an in depth evaluation of performance, to assess progress towards goals, and to provide recommendations.
                </P>
                <HD SOURCE="HD1">Tuesday, April 29, 2025</HD>
                <FP SOURCE="FP-1">9:30 a.m.-10 a.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-1">10 a.m.-1:05 p.m.—MRSEC Presentations (Open)</FP>
                <FP SOURCE="FP-1">1:05 p.m.-1:50 p.m.—Working Lunch (Closed)</FP>
                <FP SOURCE="FP-1">1:50 p.m.-3:05 p.m.—Poster Session (Open)</FP>
                <FP SOURCE="FP-1">3:05 p.m.-3:50 p.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-1">3:50 p.m.-4:15 p.m.—Debriefing (Open)</FP>
                <P>
                    <E T="03">Reason for Closing:</E>
                     The program being reviewed includes information of a proprietary or confidential nature, including technical information; financial data, such as salaries, and personal information concerning individuals associated with the program. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04538 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7555-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NATIONAL SCIENCE FOUNDATION</AGENCY>
                <SUBJECT>Proposal Review Panel for Materials Research; Notice of Meeting</SUBJECT>
                <P>In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:</P>
                <P>
                    <E T="03">Name and Committee Code:</E>
                     Proposal Review Panel for Materials Research—Materials Research Science and Engineering Center (MRSEC) at University of Tennessee, Knoxville (#1203) (Virtual Site Visit).
                </P>
                <P>
                    <E T="03">Date and Time:</E>
                     May 22, 2025; 9:30 a.m.-4:15 p.m.
                </P>
                <P>
                    <E T="03">Place:</E>
                     National Science Foundation, 2415 Eisenhower Ave., Alexandria, VA 22314 (virtual).
                </P>
                <P>
                    To virtually attend the open sessions of the meeting, please send your request for the virtual meeting link to the following email: 
                    <E T="03">cfinta@nsf.gov.</E>
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     Part-Open.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Dr. Serdar Ogut, Program Director, National Science Foundation, 2415 Eisenhower Ave., Alexandria, VA 22314; Telephone: 703-292-4429.
                </P>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     NSF site visit to conduct a review during year 2 of the award period as stipulated in the cooperative agreement.
                </P>
                <P>
                    <E T="03">Agenda:</E>
                     To conduct an in depth evaluation of performance, to assess progress towards goals, and to provide recommendations.
                </P>
                <HD SOURCE="HD1">Thursday, May 22, 2025</HD>
                <FP SOURCE="FP-2">
                    9:30 a.m.-10 a.m.—Executive Sessions (Closed)
                    <PRTPAGE P="12794"/>
                </FP>
                <FP SOURCE="FP-2">10 a.m.-1:05 p.m.—MRSEC Presentations (Open)</FP>
                <FP SOURCE="FP-2">1:05 p.m.-1:50 p.m.—Working Lunch (Closed)</FP>
                <FP SOURCE="FP-2">1:50 p.m.-3:05 p.m. —Poster Session (Open)</FP>
                <FP SOURCE="FP-2">3:05 p.m.-3:50 p.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-2">3:50 p.m.-4:15 p.m.—Debriefing (Open)</FP>
                <P>
                    <E T="03">Reason for Closing:</E>
                     The program being reviewed includes information of a proprietary or confidential nature, including technical information; financial data, such as salaries, and personal information concerning individuals associated with the program. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.
                </P>
                <SIG>
                    <DATED>Dated: March 14,2025.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04542 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7555-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NATIONAL SCIENCE FOUNDATION</AGENCY>
                <SUBJECT>Proposal Review Panel for Materials Research; Notice of Meeting</SUBJECT>
                <P>In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:</P>
                <P>
                    <E T="03">Name and Committee Code:</E>
                     Proposal Review Panel for Materials Research—Materials Research Science and Engineering Center (MRSEC) at University of Michigan (#1203) (Virtual Site Visit).
                </P>
                <P>
                    <E T="03">Date and Time:</E>
                     May 19, 2025; 9:30 a.m.-4:15 p.m.
                </P>
                <P>
                    <E T="03">Place:</E>
                     National Science Foundation, 2415 Eisenhower Ave., Alexandria VA 22314 (virtual).
                </P>
                <P>
                    To virtually attend the open sessions of the meeting, please send your request for the virtual meeting link to the following email: 
                    <E T="03">cfinta@nsf.gov.</E>
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     Part-Open.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Dr. Serdar Ogut, Program Director, National Science Foundation, 2415 Eisenhower Ave., Alexandria VA 22314; Telephone: 703-292-4429.
                </P>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     NSF site visit to conduct a review during year 2 of the award period as stipulated in the cooperative agreement.
                </P>
                <P>
                    <E T="03">Agenda:</E>
                     To conduct an in depth evaluation of performance, to assess progress towards goals, and to provide recommendations.
                </P>
                <HD SOURCE="HD1">Monday, May 19, 2025</HD>
                <FP SOURCE="FP-2">9:30 a.m.-10 a.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-2">10 a.m.-1:05 p.m.—MRSEC Presentations (Open)</FP>
                <FP SOURCE="FP-2">1:05 p.m.-1:50 p.m.—Working Lunch (Closed)</FP>
                <FP SOURCE="FP-2">1:50 p.m.-3:05 p.m.—Poster Session (Open)</FP>
                <FP SOURCE="FP-2">3:05 p.m.-3:50 p.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-2">3:50 p.m.-4:15 p.m.—Debriefing (Open)</FP>
                <P>
                    <E T="03">Reason for Closing:</E>
                     The program being reviewed includes information of a proprietary or confidential nature, including technical information; financial data, such as salaries, and personal information concerning individuals associated with the program. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04541 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7555-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NATIONAL SCIENCE FOUNDATION</AGENCY>
                <SUBJECT>Proposal Review Panel for Materials Research; Notice of Meeting</SUBJECT>
                <P>In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:</P>
                <P>
                    <E T="03">Name and Committee Code:</E>
                     Proposal Review Panel for Materials Research—Materials Research Science and Engineering Center (MRSEC) at Northwestern University (#1203) (Virtual Site Visit).
                </P>
                <P>
                    <E T="03">Date and Time:</E>
                     May 8, 2025; 11:30 a.m.-6:15 p.m.
                </P>
                <P>
                    <E T="03">Place:</E>
                     National Science Foundation, 2415 Eisenhower Ave., Alexandria VA 22314 (virtual).
                </P>
                <P>
                    To virtually attend the open sessions of the meeting, please send your request for the virtual meeting link to the following email: 
                    <E T="03">cfinta@nsf.gov.</E>
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     Part-Open.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Dr. Serdar Ogut, Program Director, National Science Foundation, 2415 Eisenhower Ave., Alexandria VA 22314; Telephone: 703-292-4429.
                </P>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     NSF site visit to conduct a review during year 2 of the award period as stipulated in the cooperative agreement.
                </P>
                <P>
                    <E T="03">Agenda:</E>
                     To conduct an in depth evaluation of performance, to assess progress towards goals, and to provide recommendations.
                </P>
                <HD SOURCE="HD1">Thursday, May 8, 2025</HD>
                <FP SOURCE="FP-1">11:30 a.m.-12 p.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-1">12 p.m.-3:05 p.m.—MRSEC Presentations (Open)</FP>
                <FP SOURCE="FP-1">3:05 p.m.-3:50 p.m.—Working Lunch (Closed)</FP>
                <FP SOURCE="FP-1">3:50 p.m.-5:05 p.m.—Poster Session (Open)</FP>
                <FP SOURCE="FP-1">5:05 p.m.-5:50 p.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-1">5:50 p.m.-6:15 p.m.—Debriefing (Open)</FP>
                <P>
                    <E T="03">Reason for Closing:</E>
                     The program being reviewed includes information of a proprietary or confidential nature, including technical information; financial data, such as salaries, and personal information concerning individuals associated with the program. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04540 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7555-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NATIONAL SCIENCE FOUNDATION</AGENCY>
                <SUBJECT>Proposal Review Panel for Materials Research; Notice of Meeting</SUBJECT>
                <P>In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:</P>
                <P>
                    <E T="03">Name and Committee Code:</E>
                     Proposal Review Panel for Materials Research—Materials Research Science and Engineering Center (MRSEC) at University of California, Santa Barbara (#1203) (Virtual Site Visit).
                </P>
                <P>
                    <E T="03">Date and Time:</E>
                     April 24, 2025; 11:30 a.m.-6:15 p.m.
                </P>
                <P>
                    <E T="03">Place:</E>
                     National Science Foundation, 2415 Eisenhower Ave., Alexandria VA 22314 (virtual).
                </P>
                <P>
                    To virtually attend the open sessions of the meeting, please send your request for the virtual meeting link to the following email: 
                    <E T="03">cfinta@nsf.gov.</E>
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     Part-Open.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Dr. Serdar Ogut, Program Director, National Science Foundation, 2415 Eisenhower Ave., Alexandria VA 22314; Telephone: 703-292-4429.
                </P>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     NSF site visit to conduct a review during year 2 of the award period as stipulated in the cooperative agreement.
                </P>
                <P>
                    <E T="03">Agenda:</E>
                     To conduct an in depth evaluation of performance, to assess progress towards goals, and to provide recommendations.
                </P>
                <HD SOURCE="HD1">Thursday, April 24, 2025</HD>
                <FP SOURCE="FP-1">
                    11:30 a.m.-12 p.m.—Executive Sessions (Closed)
                    <PRTPAGE P="12795"/>
                </FP>
                <FP SOURCE="FP-1">12 p.m.-3:05 p.m.—MRSEC Presentations (Open)</FP>
                <FP SOURCE="FP-1">3:05 p.m.-3:50 p.m.—Working Lunch (Closed)</FP>
                <FP SOURCE="FP-1">3:50 p.m.-5:05 p.m.—Poster Session (Open)</FP>
                <FP SOURCE="FP-1">5:05 p.m.-5:50 p.m.—Executive Sessions (Closed)</FP>
                <FP SOURCE="FP-1">5:50 p.m.-6:15 p.m.—Debriefing (Open)</FP>
                <P>
                    <E T="03">Reason for Closing:</E>
                     The program being reviewed includes information of a proprietary or confidential nature, including technical information; financial data, such as salaries, and personal information concerning individuals associated with the program. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04537 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7555-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <SUBJECT>Advisory Committee on the Medical Uses of Isotopes: Meeting Notice</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of meeting.</P>
                </ACT>
                <P>
                    The U.S. Nuclear Regulatory Commission (NRC) will convene a meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on April 7-8, 2025. A sample of agenda items to be discussed include: a review of recent medical events, evaluation of recent Y-90 microsphere medical events to identify potential cause of sudden increase in reported events involving unexpected GI deposition, recommendations to the NRC on knowledge topics encompassing the safety related characteristics of emerging medical technologies, recommendations regarding development of process checklists to minimize medical events, and NRC's medical radiation safety team updates including work to enhance licensing and oversight efficiency in accordance with the Advanced Act. The agenda is subject to change. The current agenda and any updates will be available on the ACMUI's Meetings and Related Documents web page at 
                    <E T="03">https://www.nrc.gov/reading-rm/doc-collections/acmui/meetings/index.html</E>
                     or by emailing Ms. A. Marra at the contact information below.
                </P>
                <P>
                    <E T="03">Purpose:</E>
                     Discuss issues related to 10 CFR part 35 Medical Use of Byproduct Material.
                </P>
                <P>
                    <E T="03">Date and Time for Open Sessions:</E>
                     April 7, 2025, from 9:00 a.m. to 4:00 p.m. and April 8, 2025, from 10:00 a.m. to 12:00 p.m. Eastern Standard Time.
                </P>
                <P>
                    <E T="03">Address for Public Meeting:</E>
                     U.S. Nuclear Regulatory Commission, One White Flint North Building (Commissioner's Hearing Room, O1-F16/O1-G16), 11555 Rockville Pike, Rockville, Maryland, 20852.
                </P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s75,r250">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Date</CHED>
                        <CHED H="1">Webinar information (microsoft teams)</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">April 7, 2025</ENT>
                        <ENT>
                            Link: 
                            <E T="03">https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWM1Y2FiNWUtYWNlYS00ZWYyLWIwZmItMmQxN2FhMjI4ZTcy%40thread.v2/0?context=%7b%22Tid%22%3a%22e8d01475-c3b5-436a-a065-5def4c64f52e%22%2c%22Oid%22%3a%229bbb685c-1b6d-4b62-94b5-49950ed15dbc%22%7d</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Meeting ID: 215 307 484 116 Passcode: Df3Gn2QZ. </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Call in number (audio only): +301-576-2978, Silver Spring.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>Phone Conference ID: 312 941 521#.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    <E T="03">Public Participation:</E>
                     The meeting will be held in-person and as a webinar using Microsoft Teams. Any member of the public who wishes to participate in the meeting in person, via Microsoft Teams, or via phone should contact Ms. A. Marra using the information below. Members of the public should also monitor the NRC's Public Meeting Schedule at 
                    <E T="03">https://www.nrc.gov/pmns/mtg</E>
                     for any meeting updates.
                </P>
                <P>
                    <E T="03">Contact Information:</E>
                     Ms. A. Marra, email: 
                    <E T="03">Alessandra.Marra@nrc.gov,</E>
                     telephone: 301-415-2509.
                </P>
                <P>
                    <E T="03">Conduct Of The Meeting:</E>
                </P>
                <P>The ACMUI Chair, Hossein Jadvar, M.D., Ph.D. will preside over the meeting. Dr. Jadvar will conduct the meeting in a manner that will facilitate the orderly conduct of business. The following procedures apply to public participation in the meeting:</P>
                <P>1. Persons who wish to provide a written statement should submit an electronic copy to Ms. A. Marra using the contact information listed above. All submittals must be received by the close of business on April 1, 2025, and must only pertain to the topics on the agenda.</P>
                <P>2. Questions and comments from members of the public will be permitted during the meeting, at the discretion of the ACMUI Chair.</P>
                <P>
                    3. The draft transcript and meeting summary will be available on ACMUI's website 
                    <E T="03">https://www.nrc.gov/reading-rm/doc-collections/acmui/meetings/2024.html</E>
                     on or about May 23, 2025.
                </P>
                <P>4. Persons who require special services, such as those for the hearing impaired, should notify Ms. A. Marra of their planned participation.</P>
                <P>
                    This meeting will be held in accordance with the Atomic Energy Act of 1954, as amended (primarily Section 161a); the Federal Advisory Committee Act (5 U.S.C. 1001 
                    <E T="03">et seq.</E>
                    ); and the Commission's regulations in Title 10 of the 
                    <E T="03">Code of Federal Regulations,</E>
                     Part 7
                </P>
                <SIG>
                    <DATED>Dated at Rockville, Maryland this 14th day of March, 2025.</DATED>
                    <P>For the U.S. Nuclear Regulatory Commission.</P>
                    <NAME>Russell E. Chazell, </NAME>
                    <TITLE>Federal Advisory Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04533 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[NRC-2025-0010]</DEPDOC>
                <SUBJECT>State of Connecticut: NRC Staff Assessment of a Proposed Agreement Between the Nuclear Regulatory Commission and the State of Connecticut</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Proposed state agreement; request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        As required by Section 274e. of the Atomic Energy Act of 1954, as amended (AEA), the U.S. Nuclear Regulatory Commission (NRC or Commission) is publishing the proposed Agreement for public comment (Appendix A). The NRC is also publishing the summary of a draft assessment by the NRC staff of the State of Connecticut's regulatory program. Comments are requested on the proposed Agreement and its effect on public health and safety. Comments are also requested on the draft staff assessment, the adequacy of the State of Connecticut's program, and the 
                        <PRTPAGE P="12796"/>
                        adequacy of the staffing of the State's program, as discussed in this document.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments by April 18, 2025. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through the Federal rulemaking website:</P>
                    <P>
                        • 
                        <E T="03">Federal rulemaking website:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov</E>
                         and search for Docket ID NRC-2025-0010. Address questions about Docket IDs in 
                        <E T="03">Regulations.gov</E>
                         to Bridget Curran; telephone: 301-415-1003; email: 
                        <E T="03">Bridget.Curran@nrc.gov.</E>
                         For technical questions, contact the individuals listed in the 
                        <E T="02">For Further Information Contact</E>
                         section of this document.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail comments to:</E>
                         Office of Administration, Mail Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program Management, Announcements and Editing Staff.
                    </P>
                    <P>
                        For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section of this document.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Duncan White, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-2598; email: 
                        <E T="03">Duncan.White@nrc.gov</E>
                         or Huda Akhavannik, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-5253; email: 
                        <E T="03">Huda.Akhavannik@nrc.gov.</E>
                         Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">I. Obtaining Information and Submitting Comments</HD>
                <HD SOURCE="HD2">A. Obtaining Information</HD>
                <P>Please refer to Docket ID NRC-2025-0010 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods:</P>
                <P>
                    • 
                    <E T="03">Federal Rulemaking Website:</E>
                     Go to 
                    <E T="03">https://www.regulations.gov</E>
                     and search for Docket ID NRC-2025-0010.
                </P>
                <P>
                    • 
                    <E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E>
                     You may obtain publicly available documents online in the ADAMS Public Documents collection at 
                    <E T="03">https://www.nrc.gov/reading-rm/adams.html.</E>
                     To begin the search, select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to 
                    <E T="03">PDR.Resource@nrc.gov.</E>
                     For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the “Availability of Documents” section.
                </P>
                <P>
                    • 
                    <E T="03">NRC's PDR:</E>
                     The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to 
                    <E T="03">PDR.Resource@nrc.gov</E>
                     or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
                </P>
                <HD SOURCE="HD2">B. Submitting Comments</HD>
                <P>
                    The NRC encourages electronic comment submission through the Federal rulemaking website (
                    <E T="03">https://www.regulations.gov</E>
                    ). Please include Docket ID NRC-2025-0010 in your comment submission.
                </P>
                <P>
                    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at 
                    <E T="03">https://www.regulations.gov</E>
                     as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.
                </P>
                <P>If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.</P>
                <SUPLHD>
                    <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                    <P>By letter dated October 31, 2024, Governor Ned Lamont of the State of Connecticut requested that the U.S. Nuclear Regulatory Commission (NRC or Commission) enter into an Agreement with the State of Connecticut as authorized by Section 274b. of the Atomic Energy Act of 1954, as amended (AEA). Under the proposed Agreement, the Commission would discontinue, and the State of Connecticut would assume, regulatory authority over certain types of byproduct materials as defined in the AEA, source material, and special nuclear material in quantities not sufficient to form a critical mass.</P>
                </SUPLHD>
                <HD SOURCE="HD1">II. Additional Information on Agreements Entered Under Section 274 of the AEA</HD>
                <P>Under the proposed Agreement, the NRC would discontinue its authority over 104 licenses and would transfer its regulatory authority over those licenses to the State of Connecticut. The NRC periodically reviews the performance of the Agreement States to assure compliance with the provisions of Section 274.</P>
                <P>
                    Section 274e. of the AEA requires that the terms of the proposed Agreement be published in the 
                    <E T="04">Federal Register</E>
                     for public comment once each week for four consecutive weeks. This document is being published in fulfillment of that requirement.
                </P>
                <HD SOURCE="HD1">III. Proposed Agreement With the State of Connecticut</HD>
                <HD SOURCE="HD2">Background</HD>
                <P>(a) Section 274b. of the AEA provides the mechanism for a State to assume regulatory authority from the NRC over certain radioactive materials and activities that involve use of these materials. The radioactive materials, sometimes referred to as “Agreement materials,” are byproduct materials as defined in Sections 11e.(1), 11e.(2), 11e.(3), and 11e.(4) of the AEA; source material as defined in Section 11z. of the AEA; and special nuclear material as defined in Section 11aa. of the AEA, restricted to quantities not sufficient to form a critical mass.</P>
                <P>The radioactive materials and activities (which together are usually referred to as the “categories of materials”) that the State of Connecticut requests authority over are:</P>
                <P>1. The possession and use of byproduct material as defined in Section 11e.(1) of the Act;</P>
                <P>2. The possession and use of byproduct material as defined in Section 11e.(3) of the Act;</P>
                <P>3. The possession and use of byproduct material as defined in Section 11e.(4) of the Act;</P>
                <P>4. The possession and use of source material; and</P>
                <P>5. The possession and use of special nuclear material, in quantities not sufficient to form a critical mass.</P>
                <P>(b) The proposed Agreement contains articles that:</P>
                <P>(i) Specify the materials and activities over which authority is transferred;</P>
                <P>(ii) Specify the materials and activities over which the Commission will retain regulatory authority;</P>
                <P>
                    (iii) Continue the authority of the Commission to safeguard special nuclear material, protect restricted data, and protect common defense and security;
                    <PRTPAGE P="12797"/>
                </P>
                <P>(iv) Commit the State of Connecticut and the NRC to exchange information as necessary to maintain coordinated and compatible programs;</P>
                <P>(v) Provide for the reciprocal recognition of licenses;</P>
                <P>(vi) Provide for the suspension or termination of the Agreement; and</P>
                <P>(vii) Specify the effective date of the proposed Agreement.</P>
                <P>The Commission reserves the option to modify the terms of the proposed Agreement in response to comments, to correct errors, and to make editorial changes. The final text of the proposed Agreement, with the effective date, will be published after the Agreement is approved by the Commission and signed by the NRC Chairman and the Governor of Connecticut.</P>
                <P>(c) The regulatory program is authorized by law under the Connecticut General Statutes (Conn. Gen. Stat.) Title 22a, Chapter 446a, Section 22a-152 (§ 22a-152), which provides the Governor with the authority to enter into an Agreement with the Commission. The State of Connecticut law contains provisions for the orderly transfer of regulatory authority over affected licenses from the NRC to the State. In a letter dated October 31, 2024, Governor Lamont certified that the State of Connecticut has a program for the control of radiation hazards that is adequate to protect public health and safety within the State of Connecticut for the materials and activities specified in the proposed Agreement, and that the State desires to assume regulatory responsibility for these materials and activities. After the effective date of the Agreement, licenses issued by the NRC would continue in effect as State of Connecticut licenses until the licenses expire or are replaced by State-issued licenses.</P>
                <P>(d) The draft staff assessment finds that the Connecticut Department of Energy and Environmental Protection's Radioactive Materials Program is adequate to protect public health and safety and is compatible with the NRC's regulatory program for the regulation of Agreement materials.</P>
                <HD SOURCE="HD1">Summary of the Draft NRC Staff Assessment of the State of Connecticut's Program for the Regulation of Agreement Materials</HD>
                <P>The NRC staff has examined the State of Connecticut's request for an Agreement with respect to the ability of the State's radiation control program to regulate Agreement materials. The examination was based on the Commission's Policy Statement, “Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement,” (46 FR 7540, January 23, 1981, as amended by Policy Statements published at 46 FR 36969, July 16, 1981, and at 48 FR 33376, July 21, 1983) (Policy Statement), and the Office of Nuclear Material Safety and Safeguards Procedure SA-700, “Processing an Agreement.” The Policy Statement has 28 criteria that serve as the basis for the NRC staff's assessment of the State of Connecticut's request for an Agreement. The following section will reference the appropriate criteria numbers from the Policy Statement that apply to each section.</P>
                <P>(a) Organization and Personnel. The NRC staff reviewed these areas under Criteria 1, 2, 20, and 24 in the draft staff assessment. The State of Connecticut's proposed Agreement materials program for the regulation of radioactive materials is called the “Radioactive Materials Program,” and will be located within the Radiation Division in the Bureau of Air Management of the Connecticut Department of Energy and Environmental Protection.</P>
                <P>The educational requirements for the Radioactive Materials Program staff are specified in the State of Connecticut's personnel position descriptions and meet the NRC criteria with respect to formal education or combined education and experience requirements. All current staff members meet the requirements of a bachelor's degree in the physical, life science or engineering; or an equivalent combination of education and experience has been substituted for the degree. All have training and work experience in radiation protection. Supervisory level staff each have at least 30 years of working experience in radiation protection.</P>
                <P>The State of Connecticut performed an analysis of the expected workload under the proposed Agreement. Based on the NRC staff review of the State of Connecticut's analysis, the State has an adequate number of staff to regulate radioactive materials under the terms of the proposed Agreement. The State of Connecticut will employ the equivalent of four full-time equivalent professional and technical staff to support the Radioactive Materials Program.</P>
                <P>The State of Connecticut has indicated that the Radioactive Materials Program has an adequate number of trained and qualified staff in place. The State of Connecticut has developed qualification procedures for license reviewers and inspectors that are similar to the NRC's procedures. The Radioactive Materials Program staff has accompanied the NRC staff on inspections of NRC licensees in Connecticut and participated in licensing training at NRC's Region I with Division of Radiological Safety and Security staff. The Radioactive Materials Program staff is also actively supplementing its experience through meetings, discussions, and facility visits with the NRC licensees in the State of Connecticut and through self-study, in-house training, and formal training.</P>
                <P>Overall, the NRC staff concluded that the Radioactive Materials Program staff identified by the State of Connecticut to participate in the Agreement materials program has sufficient knowledge and experience in radiation protection, the use of radioactive materials, the standards for the evaluation of applications for licensing, and the techniques of inspecting licensed users of Agreement materials.</P>
                <P>(b) Legislation and Regulations. The NRC staff reviewed these areas under Criteria 1-15, 17, 19, and 21-28 in the draft staff assessment. Conn. Gen. Stat. §§ 22a-152 and 22a-153(a) provide the authority to enter into the Agreement and establish the Connecticut Department of Energy and Environmental Protection as the lead agency for the State's Radioactive Materials Program. The Department has the requisite authority to promulgate regulations under the Conn. Gen. Stat. § 22a-153(c) for protection against radiation Conn. Gen. Stat. §§ 22a-154, 22a-155, 22a-6(a)(3), and 22a-6(a)(5) provide the Radioactive Materials Program the authority to issue licenses and orders; conduct inspections; and enforce compliance with regulations, license conditions, and orders. Conn. Gen. Stat. § 22a-6(a)(5) requires licensees to provide access to inspectors.</P>
                <P>
                    The NRC staff verified that the State of Connecticut adopted by reference the relevant NRC regulations in parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 61, 70, 71, and 150 of title 10 of the 
                    <E T="03">Code of Federal Regulations</E>
                     (10 CFR) into the Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, Sections 22a-153-1 to 22a-153-150. Therefore, the State of Connecticut adopted an adequate and compatible set of radiation protection regulations that apply to byproduct materials, source material, and special nuclear material in quantities not sufficient to form a critical mass. The NRC staff also verified that the State of Connecticut will not attempt to enforce regulatory matters reserved to the Commission.
                </P>
                <P>
                    (c) Storage and Disposal. The NRC staff reviewed these areas under Criteria 
                    <PRTPAGE P="12798"/>
                    8, 9a, and 11 in the draft staff assessment. The State of Connecticut has adopted NRC compatible requirements for the handling and storage of radioactive material, including regulations equivalent to the applicable standards contained in 10 CFR part 20, which address the general requirements for waste disposal, and 10 CFR part 61, which addresses waste classification and form. These regulations are applicable to all licensees covered under this proposed Agreement.
                </P>
                <P>(d) Transportation of Radioactive Material. The NRC staff reviewed this area under Criteria 10 in the draft staff assessment. The State of Connecticut has adopted compatible regulations to the NRC regulations in 10 CFR part 71. Part 71 contains the requirements licensees must follow when preparing packages containing radioactive material for transport. Part 71 also contains requirements related to the licensing of packaging for use in transporting radioactive materials.</P>
                <P>(e) Recordkeeping and Incident Reporting. The NRC staff reviewed this area under Criteria 1 and 11 in the draft staff assessment. The State of Connecticut has adopted compatible regulations to the sections of the NRC regulations that specify requirements for licensees to keep records and to report incidents or accidents involving the State's regulated Agreement materials specified in the proposed Agreement.</P>
                <P>(f) Evaluation of License Applications. The NRC staff reviewed this area under Criteria 1, 7, 8, 9a, 13, 14, 15, 20, 23, and 25 in the draft staff assessment. The State of Connecticut has adopted compatible regulations to the NRC regulations that specify the requirements to obtain a license to possess or use radioactive materials. The State of Connecticut has also developed licensing procedures and adopted NRC licensing guides for specific uses of radioactive material for use by the program staff when evaluating license applications.</P>
                <P>(g) Inspections and Enforcement. The NRC staff reviewed these areas under Criteria 1, 16, 18, 19, and 23 in the draft staff assessment. The State of Connecticut has adopted a schedule providing for the inspection of licensees as frequently as, or more frequently than, the inspection schedule used by the NRC. The State of Connecticut's Radioactive Materials Program has adopted procedures for the conduct of inspections, reporting of inspection findings, and reporting inspection results to the licensees. Additionally, the State of Connecticut has also adopted procedures for the enforcement of regulatory requirements.</P>
                <P>(h) Regulatory Administration. The NRC staff reviewed this area under Criterion 23 in the draft staff assessment. The State of Connecticut is bound by requirements specified in its state law for rulemaking, issuing licenses, and taking enforcement actions. The State of Connecticut has also adopted administrative procedures to assure fair and impartial treatment of license applicants. The State of Connecticut law prescribes standards of ethical conduct for State employees.</P>
                <P>(i) Cooperation with Other Agencies. The NRC staff reviewed this area under Criteria 25, 26, and 27 in the draft staff assessment. The State of Connecticut law provides for the recognition of existing NRC and Agreement State licenses and the State has a process in place for the transition of active NRC licenses. Upon the effective date of the Agreement, all active NRC radioactive materials licenses that are for materials covered by the proposed Agreement and were issued to facilities in the State of Connecticut will be recognized as Connecticut Department of Energy and Environmental Protection licenses.</P>
                <P>The State of Connecticut also provides for “timely renewal.” This provision affords the continuance of licenses for which an application for renewal has been filed more than 30 days prior to the date of expiration of the license. NRC licenses transferred while in timely renewal are done in a manner to minimize the effects of the transition on the licensee. The NRC and the State of Connecticut will collaborate to ensure a seamless and successful transition of NRC licenses under timely renewal.</P>
                <P>The State of Connecticut regulations, in the Regulations of Connecticut State Agencies, Use and Control of Radioactive Materials; Civil Penalties, Sections 22a-153-1 to 22a-153-150, provide exemptions from the State's requirements for the NRC and the U.S. Department of Energy (DOE) contractors or subcontractors. The proposed Agreement commits the State of Connecticut to use its best efforts to cooperate with the NRC and the other Agreement States in the formulation of standards and regulatory programs for the protection against hazards of radiation, and to assure that the State's program will continue to be compatible with the Commission's program for the regulation of Agreement materials. The proposed Agreement specifies the desirability of reciprocal recognition of licenses and commits the Commission and the State of Connecticut to use their best efforts to accord such reciprocity. Consistent with NRC requirements, the State of Connecticut would be able to recognize the licenses of other jurisdictions by general license, as appropriate.</P>
                <HD SOURCE="HD1">Staff Conclusion</HD>
                <P>Section 274d. of the AEA provides that the Commission shall enter into an Agreement under Section 274b. with any State if:</P>
                <P>(a) The Governor of that State certifies that the State has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the Agreement materials within the State, and that the State desires to assume regulatory responsibility for the Agreement materials; and</P>
                <P>(b) The Commission finds that the State program is in accordance with the requirements of Subsection 274o, and in all other respects compatible with the Commission's program for regulation of such materials, and that the State program is adequate to protect the public health and safety with respect to the materials covered by the proposed Agreement.</P>
                <P>The NRC staff has reviewed the proposed Agreement, the certification of Connecticut Governor Lamont, and the supporting information provided by the Radioactive Materials Program of the Connecticut Department of Energy and Environmental Protection. Based upon this review, the NRC staff concludes that the State of Connecticut Radioactive Materials Program satisfies the Section 274d criteria as well as the criteria in the Commission's Policy Statement “Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States Through Agreement.” The NRC staff also concludes that the proposed State of Connecticut program to regulate Agreement materials, as comprised of statutes, regulations, procedures, and staffing, is compatible with the Commission's program and is adequate to protect the public health and safety with respect to the materials covered by the proposed Agreement. Therefore, the proposed Agreement meets the requirements of Section 274 of the AEA.</P>
                <HD SOURCE="HD1">IV. Availability of Documents</HD>
                <P>
                    The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated.
                    <PRTPAGE P="12799"/>
                </P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s200,r80">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Document description</CHED>
                        <CHED H="1">ADAMS Accession No.</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Letter from Governor Ned Lamont, Connecticut, to Chair Hanson requesting agreement be established between the NRC and State of Connecticut, dated October 31, 2024.</ENT>
                        <ENT>ML24306A079.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Draft Staff Assessment of the Proposed Connecticut Program</ENT>
                        <ENT>ML25070A186.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Final Connecticut Application Section 4.1 Legal Elements</ENT>
                        <ENT>ML24311A018 (Package).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Final Connecticut Application Section 4.2 Regulatory Requirements</ENT>
                        <ENT>ML24311A026 (Package).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Final Connecticut Application Section 4.3 Licensing Program Elements</ENT>
                        <ENT>ML24311A029 (Package).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Final Connecticut Application Section 4.4 Inspection Program Elements</ENT>
                        <ENT>ML24311A030 (Package).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Final Connecticut Application Section 4.5 Enforcement Program Elements</ENT>
                        <ENT>ML24311A044 (Package).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Final Connecticut Application Section 4.6 Technical Staffing and Training Program Elements</ENT>
                        <ENT>ML24319A210 (Package).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Final Connecticut Application Section 4.7 Event and Allegation Response Program Elements</ENT>
                        <ENT>ML24319A211 (Package).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Connecticut Application Request for Additional Information</ENT>
                        <ENT>ML24347A038 (Package).</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">State Agreement (SA) 700 Processing an Agreement final, dated June 15, 2022.</ENT>
                        <ENT>ML22138A414.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">SA-700 Handbook for Processing an Agreement Procedure final, dated June 17, 2022.</ENT>
                        <ENT>ML22140A396.</ENT>
                    </ROW>
                </GPOTABLE>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <NAME>Tamara Bloomer,</NAME>
                    <TITLE>Acting Director, Division of Materials Safety, Security, State, and Tribal Programs, Office of Nuclear Material Safety and Safeguards.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Appendix A</HD>
                <EXTRACT>
                    <HD SOURCE="HD1">An Agreement Between the United States Nuclear Regulatory Commission and the State of Connecticut for the Discontinuance of Certain Commission Regulatory Authority and Responsibility Within the State Pursuant to Section 274 of the Atomic Energy Act of 1954, as Amended</HD>
                    <P>
                        <E T="03">Whereas,</E>
                         The United States Nuclear Regulatory Commission (hereinafter referred to as “the Commission”) is authorized under Section 274 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 
                        <E T="03">et seq.</E>
                         (hereinafter referred to as “the Act”), to enter into an agreement with the Governor of the State of Connecticut (hereinafter referred to as “the State”) providing for discontinuance of the regulatory authority of the Commission within the State under Chapters 6, 7, and 8, and Section 161 of the Act with respect to byproduct materials as defined in Sections 11e.(1), (3), and (4) of the Act, source materials, and special nuclear materials in quantities not sufficient to form a critical mass; and,
                    </P>
                    <P>
                        <E T="03">Whereas,</E>
                         The Governor of the State of Connecticut is authorized under Conn. Gen. Stat. § 22a-152 to enter into this Agreement with the Commission; and,
                    </P>
                    <P>
                        <E T="03">Whereas,</E>
                         The Governor of the State of Connecticut certified on October 31, 2024, that the State has a program for the control of radiation hazards adequate to protect the public health and safety with respect to the materials within the State covered by this Agreement, and that the State desires to assume regulatory responsibility for such materials; and,
                    </P>
                    <P>
                        <E T="03">Whereas,</E>
                         The Commission found on [date] that the program of the State of Connecticut for the regulation of the materials covered by this Agreement is compatible with the Commission's program for the regulation of such materials and is adequate to protect the public health and safety; and,
                    </P>
                    <P>
                        <E T="03">Whereas,</E>
                         The State of Connecticut and the Commission recognize the desirability and importance of cooperation between the Commission and the State in the formulation of standards for protection against hazards of radiation and in assuring that State and Commission programs for protection against hazards of radiation will be coordinated and compatible; and,
                    </P>
                    <P>
                        <E T="03">Whereas,</E>
                         The Commission and the State of Connecticut recognize the desirability of the reciprocal recognition of licenses, and of the granting of limited exemptions from licensing of those materials subject to this Agreement; and,
                    </P>
                    <P>
                        <E T="03">Whereas,</E>
                         This Agreement is entered into pursuant to the provisions of the Act;
                    </P>
                    <P>
                        <E T="03">Now, therefore,</E>
                         it is hereby agreed between the Commission and the Governor of Connecticut acting on behalf of the State as follows:
                    </P>
                    <HD SOURCE="HD2">Article I</HD>
                    <P>Subject to the exceptions provided in Articles II, IV, and V, the Commission shall discontinue, as of the effective date of this Agreement, the regulatory authority of the Commission in the State under Chapters 6, 7 and 8, and Section 161 of the Act with respect to the following materials:</P>
                    <P>A. Byproduct material as defined in Section 11e.(1) of the Act;</P>
                    <P>B. Byproduct material as defined in Section 11e.(3) of the Act;</P>
                    <P>C. Byproduct materials as defined in Section 11e.(4) of the Act;</P>
                    <P>D. Source materials; and</P>
                    <P>E. Special nuclear materials, in quantities not sufficient to form a critical mass.</P>
                    <HD SOURCE="HD2">Article II</HD>
                    <P>This Agreement does not provide for the discontinuance of any authority, and the Commission shall retain authority and responsibility, with respect to:</P>
                    <P>A. The regulation of the construction, operation, and decommissioning of any production or utilization facility or any uranium enrichment facility;</P>
                </EXTRACT>
                <EXTRACT>
                    <P>B. The regulation of byproduct material as defined in Section 11e.(2) of the Act;</P>
                    <P>C. The regulation of the export from or import into the United States of byproduct, source, or special nuclear material, or of any production or utilization facility;</P>
                    <P>D. The regulation of the disposal into the ocean or sea of byproduct, source, or special nuclear material waste as defined in regulations or orders of the Commission;</P>
                    <P>E. The regulation of the disposal of such other byproduct, source, or special nuclear material as the Commission determines by regulation or order should, because of the hazards or potential hazards thereof, not be so disposed without a license from the Commission;</P>
                    <P>F. The evaluation of radiation safety information on sealed sources or devices containing byproduct, source, or special nuclear material and the registration of the sealed sources or devices for distribution, as provided for in regulations or orders of the Commission;</P>
                    <P>G. The regulation of activities not exempt from Commission regulation as stated in 10 CFR part 150; and</P>
                    <P>H. The regulation of the land disposal of byproduct, source, or special nuclear material received from other persons;</P>
                    <HD SOURCE="HD2">Article III</HD>
                    <P>With the exception of those activities identified in Article II, paragraphs A., C. through E. and G., this Agreement may be amended, upon application by the State and approval by the Commission to include the additional areas specified in Article II, paragraphs B., F., and H., whereby the State may then exert regulatory authority and responsibility with respect to those activities.</P>
                    <HD SOURCE="HD2">Article IV</HD>
                    <P>Notwithstanding this Agreement, the Commission may from time to time by rule, regulation, or order, require that the manufacturer, processor, or producer of any equipment, device, commodity, or other product containing source, byproduct, or special nuclear material shall not transfer possession or control of such product except pursuant to a license or an exemption for licensing issued by the Commission.</P>
                    <HD SOURCE="HD2">Article V</HD>
                    <P>This Agreement shall not affect the authority of the Commission under Subsection 161b. or 161i. of the Act to issue rules, regulations, or orders to promote the common defense and security, to protect restricted data, or to guard against the loss or diversion of special nuclear material.</P>
                    <HD SOURCE="HD2">Article VI</HD>
                    <P>
                        The Commission will cooperate with the State and other Agreement States in the formulation of standards and regulatory programs of the State and the Commission for (a) protection against hazards of radiation; and (b) to assure that Commission and State programs for protection against the hazards of radiation are coordinated and compatible. The State agrees to cooperate with the Commission and other Agreement States in 
                        <PRTPAGE P="12800"/>
                        the formulation of standards and regulatory programs of the State and the Commission for: (a) protection against the hazards of radiation; and (b) to assure that the State's program will continue to be compatible with the program of the Commission for the regulation of materials covered by this Agreement.
                    </P>
                    <P>The State and the Commission agree to keep each other informed of proposed changes in their respective rules and regulations, and to provide each other the opportunity for early and substantive contribution to the proposed changes.</P>
                    <P>The State and the Commission agree to keep each other informed of events, accidents, and licensee performance that may have generic implication or otherwise be of regulatory interest.</P>
                    <HD SOURCE="HD2">Article VII</HD>
                    <P>The Commission and the State agree that it is desirable to provide reciprocal recognition of licenses for the materials listed in Article I licensed by the other party or by any other Agreement State.</P>
                    <P>Accordingly, the Commission and the State agree to develop appropriate rules, regulations, and procedures by which reciprocity will be accorded.</P>
                    <HD SOURCE="HD2">Article VIII</HD>
                    <P>The Commission, upon its own initiative after reasonable notice and opportunity for hearing to the State, or upon request of the Governor of Connecticut, may terminate or suspend all or part of this Agreement and reassert the licensing and regulatory authority vested in it under the Act, if the Commission finds that (1) such termination or suspension is required to protect the public health and safety, or (2) the State has not complied with one or more of the requirements of Section 274 of the Act. Pursuant to Section 274j. of the Act, the Commission may, after notifying the Governor, temporarily suspend all or part of this Agreement without notice or hearing if, in the judgment of the Commission, an emergency situation exists with respect to any material covered by this Agreement creating danger which requires immediate action to protect the health or safety of persons either within or outside of the State and the State has failed to take steps necessary to contain or eliminate the cause or danger within a reasonable time after the situation arose. The Commission shall periodically review actions taken by the State under this Agreement to ensure compliance with Section 274 of the Act which requires a State program to be adequate to protect the public health and safety with respect to the materials covered by this Agreement and to be compatible with the Commission's program.</P>
                    <HD SOURCE="HD2">Article IX</HD>
                    <P>This Agreement shall become effective on September 30, 2025, and shall remain in effect unless and until such time as it is terminated pursuant to Article VIII.</P>
                </EXTRACT>
                <EXTRACT>
                    <P>Executed at Hartford, Connecticut this [date] day of [month], 2025.</P>
                    <P>For the United States Nuclear Regulatory Commission.</P>
                    <FP SOURCE="FP-DASH"/>
                    <FP>David A. Wright, </FP>
                    <FP>
                        <E T="03">Chairman for the U.S. Nuclear Regulatory Commission.</E>
                    </FP>
                    <FP>For the State of Connecticut.</FP>
                    <FP SOURCE="FP-DASH"/>
                    <FP>Edward Miner Lamont, Jr. (aka Ned Lamont),</FP>
                    <FP>
                        <E T="03">Governor of the State of Connecticut.</E>
                    </FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04648 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[Docket Nos. 72-1036, 50-220, and 50-410; NRC-2025-0030]</DEPDOC>
                <SUBJECT>Constellation Energy Generation, LLC; Nine Mile Point Nuclear Station; Independent Spent Fuel Storage Installation; Exemption</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; issuance.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Nuclear Regulatory Commission (NRC) issued an exemption to Constellation Energy Generation, LLC, permitting Nine Mile Point Nuclear Station (NMP) Units 1 and 2 to use the Holtec HI-STORM Flood/Wind (FW) Multi-Purpose Canister (MPC) Storage System, including the use of the HI-TRAC VW transfer cask during loading and transport operations, at the NMP independent spent fuel storage installation, for six MPC-89, in a near-term loading campaign beginning in May 2025, where the terms, conditions, and specifications in Certificate of Compliance No. 1032, Amendment No. 3, Revision 0, are not met.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The exemption was issued on March 12, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Please refer to Docket ID NRC-2025-0030 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal Rulemaking Website:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov</E>
                         and search for Docket ID NRC-2025-0030. Address questions about Docket IDs in 
                        <E T="03">Regulations.gov</E>
                         to Bridget Curran; telephone: 301-415-1003; email: 
                        <E T="03">Bridget.Curran@nrc.gov.</E>
                         For technical questions, contact the individual listed in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section of this document.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E>
                         You may obtain publicly available documents online in the ADAMS Public Documents collection at 
                        <E T="03">https://www.nrc.gov/reading-rm/adams.html.</E>
                         To begin the search, select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to 
                        <E T="03">PDR.Resource@nrc.gov.</E>
                         The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's PDR:</E>
                         The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to 
                        <E T="03">PDR.Resource@nrc.gov</E>
                         or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Yen-Ju Chen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; telephone: 301-415-1018; email: 
                        <E T="03">Yen-Ju.Chen@nrc.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The text of the exemption is attached.</P>
                <SIG>
                    <DATED>Dated: March 13, 2025.</DATED>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <NAME>Thomas Boyce,</NAME>
                    <TITLE>Acting Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety, and Safeguards.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Attachment—Exemption</HD>
                <HD SOURCE="HD1">Nuclear Regulatory Commission</HD>
                <EXTRACT>
                    <HD SOURCE="HD1">Docket Nos. 72-1036, 50-220, and 50-410</HD>
                    <HD SOURCE="HD1">Constellation Energy Generation, LLC, Nine Mile Point Nuclear Station Units 1 and 2; Independent Spent Fuel Storage Installation</HD>
                    <HD SOURCE="HD1">I. Background</HD>
                    <P>
                        Constellation Energy Generation, LLC (CEG) is the holder of Renewed Facility Operating License Nos. DPR-63 and NPF-69, which authorize operation of the Nine Mile Point Nuclear Station (NMP) Units 1 and 2 in Scriba, New York, pursuant to part 50 of title 10 of the 
                        <E T="03">Code of Federal Regulations</E>
                         (10 CFR), “Domestic Licensing of Production and Utilization Facilities.” The licenses provide, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC) now or hereafter in effect.
                    </P>
                    <P>
                        Consistent with 10 CFR part 72, subpart K, “General License for Storage of Spent Fuel at Power Reactor Sites,” a general license is issued for the storage of spent fuel in an independent spent fuel storage installation (ISFSI) at power reactor sites to persons authorized to possess or operate nuclear power reactors under 10 CFR part 50. CEG is authorized to operate nuclear power reactors under 10 CFR part 50 and holds a 10 CFR part 72 general license for storage of spent fuel at the NMP ISFSI. Under the terms of the general license, CEG stores spent fuel at its 
                        <PRTPAGE P="12801"/>
                        NMP ISFSI using the HI-STORM Flood/Wind (FW) Multi-Purpose Canister (MPC) Storage System in accordance with Certificate of Compliance (CoC) No. 1032, Amendment No. 3, Revision No. 0.
                    </P>
                    <HD SOURCE="HD1">II. Request/Action</HD>
                    <P>By a letter dated January 22, 2025 (Agency-wide Documents Access and Management System (ADAMS) Accession Number No. ML25022A240), and as supplemented on February 4, 2025 (ML25036A335), CEG requested an exemption from the requirements of 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 that require NMP to comply with the terms, conditions, and specifications of CoC No. 1032, Amendment No. 3, Revision No. 0 (ML17214A039). If approved, CEG's exemption request would accordingly allow NMP to load six MPC-89 at the NMP ISFSI site in a near-term loading campaign beginning in May 2025, in the HI-STORM FW MPC Storage System, including the use of the HI-TRAC VW transfer cask (HI-TRAC) during loading and transport operations, where the terms, conditions, and specifications in CoC No. 1032, Amendment No. 3, Revision No. 0, are not met.</P>
                    <P>Before using a CoC, general licensees are required to perform a site-specific evaluation to establish that, once loaded with spent fuel, the cask will conform to the terms, conditions, and specifications of the CoC, including following the NRC-approved final safety analysis report (FSAR) methodology. CEG currently uses the HI-STORM FW MPC Storage System under CoC No. 1032, Amendment No. 3, Revision No. 0, for dry storage of spent nuclear fuel in MPC-89 at the NMP ISFSI. The HI-STORM FW MPC Storage System CoC provides the requirements, conditions, and operating limits necessary for use of the system to store spent fuel. One of the operating limits established in the CoC involves potential tornado-generated missile impacts. The HI-STORM FW FSAR table 2.2.5 evaluates a generic set of tornado-generated missile impacts (ML19177A171). CEG discovered that NMP's site-specific analysis performed to demonstrate protection of the loaded MPC-89, while in the HI-TRAC, against tornado-generated missiles was not performed consistent with the NRC-approved method of evaluation in the FSAR. Contrary to CEG's site-specific analysis, the NRC-approved evaluation in the FSAR does not take credit for the missile resistance offered by the HI-TRAC water jacket shell, and assumes that the small and intermediate missiles will penetrate the water jacket shell with no energy loss.</P>
                    <P>Therefore, CEG requests this exemption to allow it to conduct the planned loading and transport operations of the six MPC-89 in the HI-STORM FW MPC Storage System at NMP ISFSI beginning in May 2025, even though, because of the different tornado-generated missile analysis of the HI-TRAC in NMP's site specific review, the terms, conditions, and specifications of the CoC will not be met.</P>
                    <HD SOURCE="HD1">III. Discussion</HD>
                    <P>Pursuant to 10 CFR 72.7, “Specific exemptions,” the Commission may, upon application by any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations of 10 CFR part 72 as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.</P>
                    <HD SOURCE="HD2">A. The Exemption Is Authorized by Law</HD>
                    <P>This exemption would allow CEG to use the HI-STORM FW MPC Storage System, including the use of the HI-TRAC during loading and transport operations, for six MPC-89 at its NMP ISFSI, beginning in May 2025, where the terms, conditions, and specifications in CoC No. 1032, Amendment No. 3, Revision No. 0, are not met. CEG is requesting an exemption from the provisions in 10 CFR part 72 that require the licensee to comply with the terms, conditions, and specifications of the CoC for the approved cask model it uses. Section 72.7 allows the NRC to grant exemptions from the requirements of 10 CFR part 72. This authority to grant exemptions is consistent with the Atomic Energy Act of 1954, as amended, and is not otherwise inconsistent with the NRC's regulations or other applicable laws. Additionally, no other law prohibits the activities that would be authorized by the exemption. Therefore, the NRC concludes that there is no statutory prohibition on the issuance of the requested exemption, and the NRC is authorized to grant the exemption by law.</P>
                    <HD SOURCE="HD2">B. The Exemption Will Not Endanger Life or Property or the Common Defense and Security</HD>
                    <P>CEG is requesting an exemption to use the HI-STORM FW MPC Storage System, including the use of the HI-TRAC during loading and transport operations for six MPC-89 at the NMP ISFSI, beginning in May 2025, where the terms, conditions, and specifications in CoC No. 1032, Amendment No. 3, Revision No. 0, are not met. In support of its exemption request, CEG asserts that issuance of the exemption would not endanger life or property because the evaluation of NMP's postulated tornado-generated missiles demonstrates that all FSAR acceptance criteria are met. According to CEG, the site-specific analysis follows the same mathematical approach as the generic approach in the FSAR but takes credit for the additional resistance provided by the HI-TRAC water jacket shell. Additionally, CEG notes that the water jacket shell is an Important-to-Safety (ITS) component and meets all the criteria as analyzed. Therefore, CEG contends the site-specific analysis, although different from the FSAR methodology, demonstrates that the loading and transport operations of the system using the HI-TRAC provides adequate protection against NMP's design basis tornado-generated missiles. As such, according to CEG, the proposed exemption does not endanger life or property or the common defense and security.</P>
                    <P>The NRC staff reviewed the requested exemption and determined that the request does not change the fundamental design, components, or safety features of the storage system. The NRC staff evaluated the applicable potential safety impacts of granting the exemption to assess the potential for any danger to life or property or the common defense and security. Specifically, the NRC staff reviewed the applicant's structural, confinement, thermal, criticality, shielding, and radiation protection evaluations for the proposed exemption.</P>
                    <P>
                        <E T="03">Structural and Confinement Review for the Requested Exemption:</E>
                         The staff noted that this exemption does not involve any change to the physical design or construction of the HI-STORM FW overpack, HI-TRAC, or MPC-89, nor to any operating procedures. Instead, the exemption is to allow the use of the CoC system despite the different methodology used by NMP regarding the tornado-generated missile impact analysis than that approved by the NRC and reflected in the CoC FSAR. Therefore, the staff's structural review focused on the analysis and methodology followed to demonstrate that the design of the MPC-89 and the HI-TRAC can withstand the governing site-specific tornado-generated missile impact without impairing their capability to perform their intended functions. The MPC and the HI-TRAC are deemed to perform their intended design functions if the following performance objectives, as described in FSAR section 3.1.2 (ML19177A171), can be satisfied:
                    </P>
                    <P>(i) The postulated tornado-generated missiles do not compromise the integrity of the MPC confinement boundary while the MPC is contained within the HI-TRAC.</P>
                    <P>(ii) No geometry changes occur under the postulated tornado-generated missiles impact during handling conditions that may preclude ready retrievability of the contained MPC.</P>
                    <P>(iii) The radiation shielding remains properly positioned under all applicable handling service conditions for the HI-TRAC.</P>
                    <P>In general, the above performance objectives are deemed to be satisfied for the MPC and the HI-TRAC if (1) the missile does not penetrate the inner shell of the HI-TRAC, MPC or MPC lid, and does not breach the confinement boundary, (2) the stresses (stress intensities or strains, as applicable) calculated by the appropriate structural analyses are less than the allowable defined in FSAR subsection 3.1.2.3, and (3) the geometry change in the HI-TRAC, if any, after any event of structural consequence to the transfer cask, does not preclude ready retrievability of the contained MPC.</P>
                    <P>
                        The HI-TRAC body consists of two main layers: a water jacket layer and a lead shield layer. Each layer is contained within different steel shells: the water jacket shell (outermost shell of HI-TRAC), the outer shell of the lead shield layer (between the water jacket layer and a lead shield layer), and the inner shell (innermost shell of the lead shield layer and the HI-TRAC). The proprietary Holtec Report HI-2135869, “Site-Specific Tornado Missile Analysis for HI-STORM FW System,” Revision No. 10, generically addresses the HI-TRAC structural responses due to bounding site-specific small and intermediate tornado-generated missile strikes, except for the governing tornado-generated missile for NMP, which is a 4-inch 
                        <PRTPAGE P="12802"/>
                        x 12-inch x 12-foot-long wooden plank with an impact velocity of 288 miles per hour (mph). In support of this exemption request, Holtec's “HI-STORM FW Calculation Package to Support Exemptions” (NMP site-specific analysis, ML25021A244) further analyzed the governing site-specific wooden plank missile using the same energy balance approach and assumptions relating to the missile behavior and kinetic energy as other evaluated tornado-generated missiles, with the exception of the credit given in the analysis for the resistance provided by the HI-TRAC water jacket shell. Based on this analysis, CEG concluded that the HI-TRAC inner shell is not penetrated and is sufficient to absorb the remaining kinetic energy of the wooden plank. Therefore, CEG concludes that the site-specific governing tornado-generated missile does not penetrate the MPC-89 confinement boundary, and no significant deformation of the HI-TRAC is expected that would prevent the MPC-89 from being retrieved or maintaining shielding effectiveness.
                    </P>
                    <P>The staff reviewed the sizes, mass, and velocities of the site-specific tornado-generated missiles analyzed in the NMP site-specific analysis and verified that the analyzed tornado-generated missiles bound the design basis tornado-generated missile spectrum specified in table 3.5-21 of the NMP updated safety analysis report (ML24291A165). The staff's independent analysis of the missile penetration by the wooden plank concluded that a greater margin of safety is available for the inner shell penetration than the one calculated in the NMP site-specific analysis. Furthermore, based on the review of the NMP site-specific analysis, the staff finds that the missile penetration depth by the wooden plank in the MPC lid remains less than the minimum thickness of the MPC closure lid. Additionally, the calculated global stress intensities for the HI-TRAC shell due to the missile strike satisfy American Society of Mechanical Engineers, Boiler and Pressure Vessel Code, Section III, Division 1, Subsection NF, Level D limits, as specified in HI-STORM FW FSAR section 3.1.2.3. Therefore, in the event of a tornado-generated missile impact from the wooden plank analyzed, damage to the cask or canister that compromise confinement boundary, global plastic deformation in the cask shell, or ovaling of the cask inner cavity, is not anticipated, and will not affect the overall shielding effectiveness of the cask and the retrievability of the MPC. The staff also noted that the analysis results are conservative since they assume that the wooden plank is rigid, and no kinetic energy dissipation is being credited due to deformation of the wooden plank when it strikes the HI-TRAC at high velocity.</P>
                    <P>Based on the staff's review of the analysis provided for the exemption request, the staff finds the proposed methodology used for the NMP site-specific missile penetration analysis acceptable and concludes that the site-specific analysis demonstrates that the MPC and HI-TRAC can withstand the governing site-specific tornado-generated missile impact without compromising their ability to perform their intended safety functions at NMP.</P>
                    <P>
                        <E T="03">Thermal Review for the Requested Exemption:</E>
                         The thermal consequences of a complete loss of water due to rupture of the HI-TRAC water jacket from a tornado-generated missile has been analyzed in FSAR sections 4.6 and 12.2.6.2 (ML19177A171). It demonstrates that the consequences are within the short-term fuel cladding and material temperature limits. The revised analysis with credit for the HI-TRAC water jacket shell demonstrates that the FSAR acceptance criteria continue to be met, and a complete loss of water continues to be bounding for the thermal evaluation. Therefore, no further thermal evaluation is required to support this exemption request.
                    </P>
                    <P>
                        <E T="03">Criticality and Shielding Review for the Requested Exemption:</E>
                         A complete loss of water due to rupture of the HI-TRAC water jacket from a tornado-generated missile has been analyzed for shielding and no effect on criticality control features as stated in FSAR section 12.2.6.2 (ML19177A171). The revised analysis with credit for the HI-TRAC water jacket shell demonstrates that the FSAR acceptance criteria continue to be met, and a complete loss of water continues to be bounding for the shielding evaluation. Therefore, no further criticality and shielding review is required to support this exemption request.
                    </P>
                    <P>
                        <E T="03">Radiation Protection Review for the Requested Exemption:</E>
                         There is no degradation in confinement capabilities of the MPC when inside of the HI-TRAC. The local dose rates of a complete loss of water due to rupture of the HI-TRAC water jacket from a tornado-generated missile has been analyzed in FSAR chapter 5 (ML19177A171). The revised analysis with credit for the HI-TRAC water jacket shell demonstrates that the FSAR acceptance criteria continue to be met, and a complete loss of water continues to be bounding for radiation protection. The necessary compensatory measures continue to be valid. Therefore, no further radiation protection review is required to support this exemption request.
                    </P>
                    <P>
                        <E T="03">Conclusion:</E>
                         Based on staff's analysis of the structural and confinement review, and the otherwise bounding nature of the FSAR's analysis in other areas, the NRC staff has concluded that under the requested exemption, the storage system will continue to meet the safety requirements of 10 CFR part 72 and the offsite dose limits of 10 CFR part 20 and, therefore, will not endanger life or property or the common defense and security.
                    </P>
                    <HD SOURCE="HD2">C. The Exemption Is Otherwise in the Public Interest</HD>
                    <P>The proposed exemption would allow CEG to use the HI-STORM FW MPC Storage System, including the use of the HI-TRAC solely during loading and transport operations for six MPC-89 at the NMP ISFSI, beginning in May 2025, even though NMP's tornado-generated missile analysis of HI-TRAC, which takes credit for the water jacket shell, is not part of the NRC-approved CoC No. 1032, Amendment No. 3, Revision No. 0 and corresponding FSAR. According to CEG, the exemption is in the public interest because being unable to load fuel into dry storage in the future loading campaign would impact CEG's ability to offload fuel from the NMP reactor, consequently impacting continued safe reactor operation.</P>
                    <P>CEG states that not being able to use the HI-STORM FW MPC Storage System, including the use of the HI-TRAC during loading and transport operations for six MPC-89 at the NMP ISFSI in the May 2025 loading campaign, would impact its ability to effectively manage the margin to full core discharge capacity (FCDC) in the NMP Units 1 and 2 spent fuel pools (SFP). The low FCDC margin makes it difficult to stage a complete reload batch of fuel in the SFPs in preparation for outages and presents a potential reactivity management risk to fuel handling operations during pre- and post-outage activities. In addition, according to CEG, a crowded spent fuel pool would challenge the decay heat removal demand of the pool and increase the likelihood of a loss of fuel pool cooling event and a fuel handling accident. Furthermore, CEG contends that NMP planned the cask loading campaign years in advance based on availability of the specialized work force and equipment that is shared throughout the CEG fleet. These specialty resources support competing activities and priorities, including fuel pool cleanouts and refueling outages. Therefore, CEG asserts that the available windows to complete the cask loading campaigns are limited, and any delays would have a cascading impact on other scheduled specialized activities.</P>
                    <P>For the reasons described by CEG in the exemption request, the NRC agrees that it is in the public interest to grant the exemption. If the exemption is not granted, in order to comply with the CoC, CEG would have to keep spent fuel in the spent fuel pool if it is not permitted to use the HI-TRAC during loading and transport operations for six MPC-89 at the NMP ISFSI for the loading campaign beginning in May 2025, thus impacting NMP's ability to effectively manage the FCDC margin. Moreover, should spent fuel pool capacity be reached, the ability to refuel the operating reactor unit is challenged, thus potentially impacting continued reactor operations.</P>
                    <P>Therefore, the staff concludes that approving the exemption is in the public interest.</P>
                    <HD SOURCE="HD3">Environmental Consideration</HD>
                    <P>
                        The NRC staff also considered whether there would be any significant environmental impacts associated with the exemption. For this proposed action, the NRC staff performed an environmental assessment pursuant to 10 CFR 51.30. The environmental assessment concluded that the proposed action would not significantly impact the quality of the human environment. The NRC staff concluded that the proposed action would not result in any changes in the types or amounts of any radiological or non-radiological effluents that may be released offsite, and there would be no significant increase in occupational or public radiation exposure because of the proposed action. The environmental assessment and the finding of no significant impact was published on March 10, 2025 (90 FR 11628).
                        <PRTPAGE P="12803"/>
                    </P>
                    <HD SOURCE="HD1">IV. Conclusion</HD>
                    <P>Based on these considerations, the NRC has determined that, pursuant to 10 CFR 72.7, the exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the NRC grants CEG an exemption from the requirements of §§ 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 solely with respect to the planned loading and transport operations for six MPC-89 at NMP ISFSI for the loading campaign beginning in May 2025.</P>
                    <P>This exemption is effective upon issuance.</P>
                    <P>Dated: March 12, 2025.</P>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <HD SOURCE="HD2">/RA/</HD>
                    <FP>Tom Boyce,</FP>
                    <FP>
                        <E T="03">Acting Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety, and Safeguards.</E>
                    </FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04528 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[Docket Nos. 72-1036, 50-220, and 50-410; NRC-2025-0037]</DEPDOC>
                <SUBJECT>Constellation Energy Generation, LLC; Nine Mile Point Nuclear Station, Units 1 and 2; Independent Spent Fuel Storage Installation; Exemption</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; issuance.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Nuclear Regulatory Commission (NRC) issued an exemption to Constellation Energy Generation, LLC, permitting Nine Mile Point Generating Station (NMP) to maintain nine loaded and to load six new 89 multi-purpose canisters (MPC) with continuous basket shims in the HI-STORM Flood/Wind MPC Storage System at its NMP Units 1 and 2 independent spent fuel storage installation in a storage condition where the terms, conditions, and specifications in the Certificate of Compliance No. 1032, Amendment No. 3, Revision No. 0 are not met.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The exemption was issued on March 12, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Please refer to Docket ID NRC-2025-0037 when contacting the NRC about the availability of information regarding this document. You may obtain publicly available information related to this document using any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal Rulemaking Website:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov</E>
                         and search for Docket ID NRC-2025-0037. Address questions about Docket IDs in 
                        <E T="03">Regulations.gov</E>
                         to Bridget Curran; telephone: 301-415-1003; email: 
                        <E T="03">Bridget.Curran@nrc.gov</E>
                        . For technical questions, contact the individual listed in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section of this document.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E>
                         You may obtain publicly available documents online in the ADAMS Public Documents collection at 
                        <E T="03">https://www.nrc.gov/reading-rm/adams.html.</E>
                         To begin the search, select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to 
                        <E T="03">PDR.Resource@nrc.gov.</E>
                         The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's PDR:</E>
                         The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to 
                        <E T="03">PDR.Resource@nrc.gov</E>
                         or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        John-Chau Nguyen, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; telephone: 301-415-0262; email: 
                        <E T="03">John-Chau.Nguyen@nrc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The text of the exemption is attached.</P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <NAME>Yoira Diaz-Sanabria,</NAME>
                    <TITLE>Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety, and Safeguards.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Attachment—Exemption</HD>
                <EXTRACT>
                    <HD SOURCE="HD1">Nuclear Regulatory Commission</HD>
                    <HD SOURCE="HD1">Docket Nos. 72-1036, 50-220, and 50-410</HD>
                    <HD SOURCE="HD1">Constellation Energy Generation, LLC; Nine Mile Point Nuclear Station, Units 1 and 2</HD>
                    <HD SOURCE="HD1">Independent Spent Fuel Storage Installation</HD>
                    <HD SOURCE="HD1">I. Background</HD>
                    <P>
                        Constellation Energy Generation, LLC (Constellation) is the holder of Renewed Facility Operating License Nos. DPR-63 and NPF-69, which authorize operation of the Nine Mile Point Nuclear Station (NMP) in the town of Scriba, New York, pursuant to Part 50 of Title 10 of the 
                        <E T="03">Code of Federal Regulations</E>
                         (10 CFR), “Domestic Licensing of Production and Utilization Facilities.” The licenses provide, among other things, that the facility is subject to all rules, regulations, and orders of the U.S. Nuclear Regulatory Commission (NRC) now or hereafter in effect.
                    </P>
                    <P>Consistent with 10 CFR part 72, subpart K, “General License for Storage of Spent Fuel at Power Reactor Sites,” a general license is issued for the storage of spent fuel in an Independent Spent Fuel Storage Installation (ISFSI) at power reactor sites to persons authorized to possess or operate nuclear power reactors under 10 CFR part 50. Constellation is authorized to operate nuclear power reactors under 10 CFR part 50 and holds a 10 CFR part 72 general license for storage of spent fuel at the NMP ISFSI. Under the terms of the general license, Constellation stores spent fuel at its NMP ISFSI using the HI-STORM Flood/Wind (FW) Multi-Purpose Canister (MPC) Storage System in accordance with Certificate of Compliance (CoC) No. 1032, Amendment No. 3, Revision No. 0.</P>
                    <HD SOURCE="HD1">II. Request/Action</HD>
                    <P>
                        By a letter dated January 30, 2025 (Agencywide Documents Access and Management System [ADAMS] Accession No. ML25031A016), as supplemented on February 6, 2025 (ML25042A159), Constellation requested an exemption from the requirements of 10 CFR 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 that require NMP to comply with the terms, conditions, and specifications of the CoC No. 1032, Amendment No. 3, Revision No. 0 (ML17214A041). If approved, Constellation's exemption request would accordingly allow NMP to maintain nine loaded and to load six MPCs with continuous basket shims (CBS) (
                        <E T="03">i.e.,</E>
                         MPC-89-CBS) in the HI-STORM FW MPC Storage System, and thus, to load the systems in a storage condition where the terms, conditions, and specifications in the CoC No. 1032, Amendment No. 3, Revision No. 0 are not met.
                    </P>
                    <P>
                        Constellation currently uses the HI-STORM FW MPC Storage System under CoC No. 1032, Amendment No. 3, Revision No. 0, for dry storage of spent nuclear fuel in the MPC-89 at the NMP ISFSI. Holtec International (Holtec), the designer and manufacturer of the HI-STORM FW MPC Storage System, developed a variant of the design with CBS for the MPC-89, known as MPC-89-CBS. Holtec performed a non-mechanistic tip-over analysis with favorable results and implemented the CBS variant design under the provisions of 10 CFR 72.48, “Changes, tests, and experiments,” which allows licensees to make changes to cask designs without a CoC amendment under certain conditions (listed in 10 CFR 72.48(c)). After evaluating the specific changes to the cask designs, the NRC determined that Holtec erred when it implemented the CBS variant design under 10 CFR 72.48, as this is not the type of change allowed without a CoC amendment. For this reason, the NRC issued three Severity Level IV violations to Holtec (ML24016A190). Holtec subsequently submitted Amendment 7 to the HI-STORM FW CoC to address the issues; however, NMP was not able to take advantage of the final NRC approved methodology in Amendment 7 for performing the non-mechanistic tip-over analysis because NMP's site specific 
                        <PRTPAGE P="12804"/>
                        parameters were not bounded by that analysis. On February 6, 2025, Constellation submitted supplemental information, which documents a non-mechanistic tip-over analysis of the HI-STORM FW containing the MPC-89-CBS incorporating the NMP site-specific ISFSI pad parameters. The staff reviewed the results of the analysis which document that the MPC confinement boundary is not breached as a result of this site-specific tip-over event. Based on this review, staff concludes that although the structural integrity of the fuel basket is inconclusive, the MPC confinement boundary is maintained and allows the fuel to remain in a dry storage condition with no moderator present. As a result, the fuel will remain subcritical and there are no significant safety consequences. This conclusion is consistent with the staff's assessment in the Safety Determination Memorandum. Therefore, employment of the Safety Determination Memorandum as a basis for this exemption request is found to be acceptable.
                    </P>
                    <P>Prior to the issuance of the violations, Constellation had loaded nine MPC-89-CBS in the HI-STORM FW MPC Storage System, which are in storage at the NMP ISFSI. Constellation's near-term loading campaign for the NMP ISFSI include plans to load six MPC-89-CBS in the HI-STORM FW MPC Storage System beginning in May 2025. Constellation submitted this exemption request in order to allow for the continued storage of the nine already loaded MPC-89-CBS, and future loading of six MPC-89-CBS beginning in May 24, 2025, at the NMP ISFSI. This exemption is limited to the use of MPC-89-CBS in the HI-STORM FW MPC Storage System only for the nine already loaded canisters and specific near-term planned loading of six new canisters using the MPC-89-CBS variant basket design.</P>
                    <HD SOURCE="HD1">III. Discussion</HD>
                    <P>Pursuant to 10 CFR 72.7, “Specific exemptions,” the Commission may, upon application by any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations of 10 CFR part 72 as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.</P>
                    <HD SOURCE="HD2">A. The Exemption Is Authorized by Law</HD>
                    <P>This exemption would allow Constellation to maintain nine loaded and to load six MPC-89-CBS in the HI-STORM FW MPC Storage System at its NMP ISFSI in a storage condition where the terms, conditions, and specifications in the CoC No. 1032, Amendment No. 3, Revision No. 0, are not met. Constellation is requesting an exemption from the provisions in 10 CFR part 72 that require the licensee to comply with the terms, conditions, and specifications of the CoC for the approved cask model it uses. Section 72.7 allows the NRC to grant exemptions from the requirements of 10 CFR part 72. This authority to grant exemptions is consistent with the Atomic Energy Act of 1954, as amended, and is not otherwise inconsistent with NRC's regulations or other applicable laws. Additionally, no other law prohibits the activities that would be authorized by the exemption. Therefore, the NRC concludes that there is no statutory prohibition on the issuance of the requested exemption, and the NRC is authorized to grant the exemption by law.</P>
                    <HD SOURCE="HD2">B. The Exemption Will Not Endanger Life or Property or the Common Defense and Security</HD>
                    <P>This exemption would allow Constellation to maintain nine loaded and to load six MPC-89-CBS in the HI-STORM FW MPC Storage System at the NMP ISFSI in a storage condition where the terms, conditions, and specifications in the CoC No. 1032, Amendment No. 3, Revision No. 0, are not met. In support of its exemption request, Constellation asserts that issuance of the exemption would not endanger life or property because the administrative controls the applicant has in place prevent a tip-over or handling event, and that the containment boundary would be maintained in such an event. Constellation relies, in part, on the approach in the NRC's Safety Determination Memorandum (ML24018A085). The NRC issued this Safety Determination Memorandum to address whether, with respect to the enforcement action against Holtec regarding this violation, there was any need to take an immediate action for the cask systems that were already loaded with non-compliant basket designs. The Safety Determination Memorandum documents a risk-informed approach concluding that, during the design basis event of a non-mechanistic tip-over, the fuel in the basket in the MPC-89-CBS remains in a subcritical condition.</P>
                    <P>Constellation also provided site-specific technical information, including information explaining why the use of the approach in the NRC's Safety Determination Memorandum is appropriate for determining the safe use of the CBS variant baskets at the NMP ISFSI. Specifically, Constellation described that the analysis of the tip-over design basis event that is relied upon in the NRC's Safety Determination Memorandum, which demonstrates that the MPC confinement barrier is maintained, is documented in the final safety analysis report (FSAR) for the HI-STORM FW MPC Storage System CoC No. 1032, Amendment 3, Revision No. 0, that is used at the NMP site. Constellation also described its administrative controls for handling of the HI-STORM FW MPC Storage System at the NMP ISFSI to prevent a tip-over or handling event. Those controls include using single-failure-proof handling systems as defined in NUREG-0612. Constellation referenced their “Rigging and Lifting Program” and “Control of Heavy Loads Program” to further demonstrate that NMP has applicable operational procedures in place to safely load, process, transfer and move the MPCs in accordance with Appendix A of the CoC and the HI-STORM FW FSAR.</P>
                    <P>Additionally, Constellation provided specific information from NMP's 72.212 Evaluation Report, Revision 1, indicating that during the design basis event of a non-mechanistic tip-over, NMP's ISFSI would meet the requirements in 10 CFR 72.104, “Criteria for radioactive materials in effluents and direct radiation from an ISFSI or MRS,” and 72.106, “Controlled area of an ISFSI or MRS.” Specifically, Constellation described that, in the highly unlikely event of a tip-over, any potential fuel damage from a non-mechanistic tip-over event would be localized, the confinement barrier would be maintained, and the shielding material would remain intact. Coupled with the distance of the NMP ISFSI to the site area boundary, Constellation concluded that compliance with 72.104 and 72.106 is not impacted by approving this exemption request.</P>
                    <P>The NRC staff reviewed the information provided by Constellation and concludes that issuance of the exemption would not endanger life or property because the administrative controls Constellation has in place at the NMP ISFSI sufficiently minimize the possibility of a tip-over or handling event, and that the containment boundary would be maintained in such an event. The staff confirmed that these administrative controls are documented in the technical specifications and FSAR for the HI-STORM FW MPC Storage System CoC No. 1032, Amendment 3, Revision No. 0, that is used at the NMP site. In addition, the staff confirmed that the information provided by Constellation regarding NMP's 72.212 Evaluation Report, Revision 1, demonstrates that the consequences of normal and accident conditions would be within the regulatory limits of the 10 CFR 72.104 and 10 CFR 72.106. The staff also determined that the requested exemption is not related to any aspect of the physical security or defense of the NMP ISFSI; therefore, granting the exemption would not result in any potential impacts to common defense and security.</P>
                    <P>For these reasons, the NRC staff has determined that under the requested exemption, the storage system will continue to meet the safety requirements of 10 CFR part 72 and the offsite dose limits of 10 CFR part 20 and, therefore, will not endanger life or property or the common defense and security.</P>
                    <HD SOURCE="HD2">C. The Exemption Is Otherwise in the Public Interest</HD>
                    <P>
                        The proposed exemption would allow the nine already loaded MPC-89-CBS in the HI-STORM FW MPC Storage System to remain in storage at the NMP ISFSI and allow Constellation to load six MPC-89-CBS in the HI-STORM FW MPC Storage System beginning in May 2025, at the NMP ISFSI, even though the CBS variant basket design is not part of the approved CoC No. 1032, Amendment No. 3, Revision No. 0. According to Constellation, the exemption is in the public interest because unloading fuel from already loaded canisters and not being able to load fuel into dry storage in future loading campaigns would impact Constellation's ability to offload fuel from the NMP reactor units, consequently impacting continued safe reactor operation. The reflooding of the MPCs, removal of fuel assemblies, and replacement into a different MPC would result in additional doses and handling operations with no added safety 
                        <PRTPAGE P="12805"/>
                        benefit. In addition, future loading campaigns would need to be delayed until older design canisters can be fabricated and delivered to the site.
                    </P>
                    <P>Constellation stated that to unload already loaded MPC-89-CBS or delay the future loading campaigns would impact the ability to effectively manage the margin to full core discharge capacity in the NMP Units 1 and 2 spent fuel pools. The low spent fuel pool capacity would make it difficult to refuel and present potential risks to fuel handling operations during pre- and post-outage. In addition, a crowded spent fuel pool would challenge the decay heat removal demand of the pool and increase the likelihood of a loss of fuel pool cooling event and a fuel handling accident. Furthermore, NMP planned the cask loading campaigns years in advance based on availability of the specialized workforce and equipment that is shared throughout the Constellation fleet. These specialty resources support competing priorities including refueling outages, loading campaigns, fuel pool cleanouts, fuel inspections, fuel handing equipment upgrade and maintenance, fuel sipping, new fuel receipt, and crane maintenance and upgrades. Any delays would have a cascading impact on other scheduled specialized activities.</P>
                    <P>For the reasons described by Constellation in the exemption request, the NRC agrees that it is in the public interest to grant the exemption. If the exemption is not granted, in order to comply with the CoC, Constellation would have to unload MPC-89-CBS from the HI-STORM FW MPC Storage System at the NMP ISFSI and reload into the older design MPC-89 to restore compliance with terms, conditions, and specifications of the CoC. This would subject onsite personnel to additional radiation exposure, increase the risk of a possible fuel handling accident, and increase the risk of a possible heavy load handling accident. Furthermore, the removed spent fuel would need to be placed in the spent fuel pool until it can be loaded into another storage cask or remain in the spent fuel pool if it is not permitted to be loaded into casks for future loading campaigns. As described by Constellation, this scenario would affect Constellation's ability to effectively manage the spent pool capacity and reactor fuel offloading at NMP. In addition, the rescheduling of the specialized resources for the future loading campaigns would impact the operations of NMP and other Constellation sites.</P>
                    <P>Therefore, the staff concludes that approving the exemption is in the public interest.</P>
                    <HD SOURCE="HD2">Environmental Consideration</HD>
                    <P>The NRC staff also considered whether there would be any significant environmental impacts associated with the exemption. For this proposed action, the NRC staff performed an environmental assessment pursuant to 10 CFR 51.30. The environmental assessment concluded that the proposed action would not significantly impact the quality of the human environment. The NRC staff concluded that the proposed action would not result in any changes in the types or amounts of any radiological or non-radiological effluents that may be released offsite, and there would be no significant increase in occupational or public radiation exposure because of the proposed action. The environmental assessment and the finding of no significant impact was published on March 11, 2025 (90 FR 11756).</P>
                    <HD SOURCE="HD1">IV. Conclusion</HD>
                    <P>Based on these considerations, the NRC has determined that, pursuant to 10 CFR 72.7, the exemption is authorized by law, will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the NRC grants Constellation an exemption from the requirements of §§ 72.212(a)(2), 72.212(b)(3), 72.212(b)(5)(i), 72.212(b)(11), and 72.214 with respect to the ongoing storage of nine MPC-89-CBS in the HI-STORM FW MPC Storage System and a future loading in the HI-STORM FW MPC Storage System of six new MPC-89-CBS beginning in May 2025.</P>
                    <P>This exemption is effective upon issuance.</P>
                    <P>Dated: March 12, 2025.</P>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <FP>/RA/</FP>
                    <FP>Tom Boyce,</FP>
                    <FP>
                        <E T="03">Acting Chief, Storage and Transportation Licensing Branch, Division of Fuel Management, Office of Nuclear Material Safety, and Safeguards.</E>
                    </FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04555 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[NRC-2025-0062]</DEPDOC>
                <SUBJECT>Privacy Act of 1974; Systems of Records</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of modified systems of records; request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-108, to ensure the system of records notices remain accurate, the U.S. Nuclear Regulatory Commission (NRC) staff reviews each notice on a periodic basis. As a result of this review, the NRC is republishing 13 of its system of records notices with minor corrective, clarifying, and administrative changes. These minor modifications include updating authorities, system managers, retention schedules, and various other minor updates, as well as edits that are intended to improve clarity of the notices but that are not intended to modify the systems themselves. None of the modifications the NRC is making meet the threshold criteria established by OMB for either a new or altered system of records.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments on revisions and changes by April 18, 2025. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments by any of the following methods; however, the NRC encourages electronic comment submission through the Federal rulemaking website:</P>
                    <P>
                        • 
                        <E T="03">Federal rulemaking website:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov</E>
                         and search for Docket ID NRC-2025-0062. Address questions about Docket IDs in 
                        <E T="03">Regulations.gov</E>
                         to Bridget Curran; telephone: 301-415-1003; email: 
                        <E T="03">Bridget.Curran@nrc.gov.</E>
                         For technical questions, contact the individual listed in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section of this document.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail comments to:</E>
                         Office of Administration, Mail Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program Management, Announcements and Editing Staff.
                    </P>
                    <P>
                        For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section of this document.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Sally Hardy, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-5607; email: 
                        <E T="03">Sally.Hardy@nrc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">I. Obtaining Information and Submitting Comments</HD>
                <HD SOURCE="HD2">A. Obtaining Information</HD>
                <P>Please refer to Docket ID NRC-2025-0062 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods:</P>
                <P>
                    • 
                    <E T="03">Federal Rulemaking Website:</E>
                     Go to 
                    <E T="03">https://www.regulations.gov</E>
                     and search for Docket ID NRC-2025-0062.
                </P>
                <P>
                    • 
                    <E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E>
                     You may obtain publicly available documents online in the ADAMS Public Documents collection at 
                    <E T="03">https://www.nrc.gov/reading-rm/adams.html.</E>
                     To begin the search, select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to 
                    <E T="03">PDR.Resource@nrc.gov.</E>
                    <PRTPAGE P="12806"/>
                </P>
                <P>
                    • 
                    <E T="03">NRC's PDR:</E>
                     The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to 
                    <E T="03">PDR.Resource@nrc.gov</E>
                     or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
                </P>
                <HD SOURCE="HD2">B. Submitting Comments</HD>
                <P>
                    The NRC encourages electronic comment submission through the Federal rulemaking website (
                    <E T="03">https://www.regulations.gov</E>
                    ). Please include Docket ID NRC-2025-0062 in your comment submission.
                </P>
                <P>
                    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at 
                    <E T="03">https://www.regulations.gov</E>
                     as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.
                </P>
                <P>If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.</P>
                <HD SOURCE="HD1">II. Background</HD>
                <P>Pursuant to the Privacy Act of 1974 and OMB Circular No. A-108, “Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act,” notice is hereby given that the NRC is republishing 13 of its system of records notices. The revisions are minor and administrative changes that do not meet the criteria for either a new or altered system of records notice. The text of the report, in its entirety, is attached.</P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <NAME>Jonathan Feibus,</NAME>
                    <TITLE>Senior Agency Official for Privacy, Office of the Chief Information Officer.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Attachment—Nuclear Regulatory Commission Privacy Act Systems of Records</HD>
                <HD SOURCE="HD2">NRC Systems of Records</HD>
                <P>1. Parking Permit Records—NRC.</P>
                <P>3. Enforcement Actions Against Individuals—NRC.</P>
                <P>5. Grants Management System—NRC.</P>
                <P>8. Employee Disciplinary Actions, Appeals, Grievances and Complaints—NRC.</P>
                <P>10. Freedom of Information Act (FOIA) and Privacy Act (PA) Request Records—NRC.</P>
                <P>11. Reasonable Accommodation Records—NRC.</P>
                <P>12. Child Care Subsidy Program Records—NRC.</P>
                <P>14. Employee Assistance Program Records—NRC.</P>
                <P>16. Facility Operator Licensees Records (10 CFR part 55)—NRC.</P>
                <P>18. Office of the Inspector General (OIG) Investigative Records—NRC.</P>
                <P>19. Official Personnel Training Records—NRC.</P>
                <P>21. Payroll Accounting Records—NRC.</P>
                <P>23. Case Management System—Indices Files and Associated Records—NRC.</P>
                <P>These systems of records are maintained by the NRC and contain personal information about individuals that is retrieved by an individual's name or identifier.</P>
                <P>The notice for each system of records states the name and location of the record system, the authority for and manner of its operation, the categories of individuals that it covers, the types of records that it contains, the sources of information in those records, and the routine uses of each system of records. Each notice also includes the business address of the NRC official who will inform interested persons of the procedures whereby they may gain access to and request amendment of records pertaining to them.</P>
                <P>The Privacy Act provides certain safeguards for an individual against an invasion of personal privacy by requiring Federal agencies to protect records contained in an agency system of records from unauthorized disclosure and to ensure that information is current and accurate for its intended use and that adequate safeguards are provided to prevent misuse of such information.</P>
                <PRIACT>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Parking Permit Records—NRC 1.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
                    <P>Unclassified.</P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>Facilities, Logistics and Support Branch, Division of Facilities and Security, Office of Administration, NRC, Two White Flint North, 11555 Rockville Pike, Rockville, Maryland, and current contractor facility.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>Chief, Facilities, Logistics and Support Branch, Division of Facilities and Security, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>
                        31 U.S.C. 3511; 41 CFR 102-74.265 
                        <E T="03">et seq.,</E>
                         Parking Facilities.
                    </P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>The information contained in this system is used for the assignment of parking permits and NRC-controlled parking spaces.</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>NRC employees and contractors who apply for parking permits for NRC-controlled parking spaces.</P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>These records consist of the applications and the revenue collected for the Headquarters' parking facilities. The applications include, but are not limited to, the applicant's name, address, telephone number, length of service, vehicle, rideshare, and handicap information.</P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>Applications submitted by NRC employees and contractors.</P>
                    <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
                    <P>In addition to the other types of disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses:</P>
                    <P>a. To record amount paid and revenue collected for parking;</P>
                    <P>b. To contact permit holder;</P>
                    <P>c. To determine priority for issuance of permits;</P>
                    <P>d. To provide statistical reports to city, county, State, and Federal Government agencies;</P>
                    <P>
                        e. A record from this system of records which indicates a violation of civil or criminal law, regulation or order may be referred as a routine use to a Federal, State, local or foreign agency that has authority to investigate, enforce, implement or prosecute such laws. Further, a record from this system of records may be disclosed for civil or criminal law or regulatory enforcement purposes to another agency in response to a written request from that agency's head or an official who has been delegated such authority;
                        <PRTPAGE P="12807"/>
                    </P>
                    <P>f. A record from this system of records may be disclosed as a routine use in the course of discovery; in presenting evidence to a court, magistrate, administrative tribunal, or grand jury or pursuant to a qualifying order from any of those; in alternative dispute resolution proceedings, such as arbitration or mediation; or in the course of settlement negotiations;</P>
                    <P>g. A record from this system of records may be disclosed as a routine use to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual;</P>
                    <P>h. A record from this system of records may be disclosed as a routine use to NRC-paid experts or consultants, and those under contract with the NRC on a “need-to-know” basis for a purpose within the scope of the pertinent NRC task. This access will be granted to an NRC contractor or employee of such contractor by a system manager only after satisfactory justification has been provided to the system manager;</P>
                    <P>i. A record from this system of records may be disclosed as a routine use to appropriate agencies, entities, and persons when (1) NRC suspects or has confirmed that there has been a breach of the system of records, (2) NRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NRC (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 NRC efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm; and</P>
                    <P>j. A record from this system of records may be disclosed as a routine use to another Federal agency or Federal entity, when the NRC 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.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>Records are maintained on electronic media.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>Accessed by name, tag number, and/or permit number.</P>
                    <HD SOURCE="HD1">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>Records are retained under the National Archives and Records Administration's General Records Schedule 5.6: Security Records, Item 130, Temporary and local facility identification and card access records. Records are destroyed upon immediate collection once the temporary credential or card is returned for potential reissuance due to nearing expiration or not to exceed 6 months from time of issuance or when individual no longer requires access, whichever is sooner, but longer retention is authorized if required for business use.</P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>Computer files are maintained on a hard drive, access to which is password protected. Access to and use of these records is limited to those persons whose official duties require access.</P>
                    <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals seeking to determine whether this system of records contains information about them should write to the Freedom of Information Act or Privacy Act Officer, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRC's Privacy Act regulations, 10 CFR part 9.</P>
                    <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THE SYSTEM:</HD>
                    <P>None.</P>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Enforcement Actions Against Individuals—NRC 3.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
                    <P>Unclassified.</P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>Primary system—NRC Data Center, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.</P>
                    <P>Duplicate system—Additional records may exist, in whole or in part, within the Office of Enforcement, NRC, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, at the NRC Regional Offices at the locations listed in Addendum I, Part 2, and in the Office of the General Counsel, NRC, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>
                        42 U.S.C. 2073(e), 2113, 2114, 2167, 2168, 2201(i), 2231, 2282; 10 CFR 30.10, 40.10, 50.5, 50.110, 50.111, 50.120, 60.11, 61.9b, 70.10, 72.12, 110.7b, 110.50, and 110.53; 10 CFR part 2, subpart B; Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 
                        <E T="03">et seq.</E>
                        ); 10 CFR 19.16(a), 30.7, 40.7, 50.7, 60.9, 70.7, and 72.10; Energy Reorganization Act of 1974, as amended, section 211 (42 U.S.C. 5851); 5 U.S.C. 2302(a)(2)(A).
                    </P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>The purpose of the system is to maintain information about individuals involved in NRC-licensed activities who have been subject to NRC enforcement actions or who have been the subject of correspondence indicating that they are being or have been considered for enforcement action.</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>Individuals involved in NRC-licensed activities who have been subject to NRC enforcement actions or who have been the subject of correspondence indicating that they are being, or have been, considered for enforcement action.</P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>The system includes, but is not limited to, individual enforcement actions, including Orders, Notices of Violations with and without Civil Penalties, Orders Imposing Civil Penalties, Letters of Reprimand, Demands for Information, and letters to individuals who are being or have been considered for enforcement action. Also included are responses to these actions and letters. In addition, the files may contain other relevant documents directly related to those actions and letters that have been issued. Files are arranged numerically by Individual Action (IA) numbers, which are assigned when individual enforcement actions are considered. In instances where only letters are issued, these letters also receive IA numbers. The system includes a computerized database from which information is retrieved by names of the individuals subject to the action and IA numbers.</P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>
                        Information in the records is primarily obtained from NRC inspectors 
                        <PRTPAGE P="12808"/>
                        and investigators and other NRC employees, individuals to whom a record pertains, authorized representatives for these individuals, and NRC licensees, vendors, other individuals regulated by the NRC, and persons making allegations to the NRC.
                    </P>
                    <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
                    <P>In addition to the other types of disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses:</P>
                    <P>
                        a. To deter future violations, certain information in this system of records may be routinely disseminated to the public by means such as publishing in the 
                        <E T="04">Federal Register</E>
                         certain enforcement actions issued to individuals and making the information available in the Public Document Room accessible through the NRC website, 
                        <E T="03">https://www.nrc.gov;</E>
                    </P>
                    <P>b. When considered appropriate for disciplinary purposes, information in this system of records, such as enforcement actions and hearing proceedings, may be disclosed to a bar association, or other professional organization performing similar functions, including certification of individuals licensed by NRC or Agreement States to perform specified licensing activities;</P>
                    <P>c. Where appropriate to ensure the public health and safety, information in this system of records, such as enforcement actions and hearing proceedings, may be disclosed to a Federal or State agency with licensing jurisdiction;</P>
                    <P>d. To respond to the National Archives and Records Administration or to the General Services Administration for records management inspections conducted under 44 U.S.C. 2904 and 2906;</P>
                    <P>e. A record from this system of records which indicates a violation of civil or criminal law, regulation or order may be referred as a routine use to a Federal, State, local or foreign agency that has authority to investigate, enforce, implement or prosecute such laws. Further, a record from this system of records may be disclosed for civil or criminal law or regulatory enforcement purposes to another agency in response to a written request from that agency's head or an official who has been delegated such authority;</P>
                    <P>f. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency to obtain information relevant to an NRC decision concerning hiring or retaining an employee, letting a contract, or issuing a security clearance, license, grant or other benefit;</P>
                    <P>g. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency requesting a record that is relevant and necessary to its decision on a matter of hiring or retaining an employee, issuing a security clearance, reporting an investigation of an employee, letting a contract, or issuing a license, grant, or other benefit;</P>
                    <P>h. A record from this system of records may be disclosed as a routine use in the course of discovery; in presenting evidence to a court, magistrate, administrative tribunal, or grand jury or pursuant to a qualifying order from any of those; in alternative dispute resolution proceedings, such as arbitration or mediation; or in the course of settlement negotiations;</P>
                    <P>i. A record from this system of records may be disclosed as a routine use to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual;</P>
                    <P>j. A record from this system of records may be disclosed as a routine use to NRC-paid experts or consultants, and those under contract with the NRC on a “need-to-know” basis for a purpose within the scope of the pertinent NRC task. This access will be granted to an NRC contractor or employee of such contractor by a system manager only after satisfactory justification has been provided to the system manager;</P>
                    <P>k. A record from this system of records may be disclosed as a routine use to appropriate agencies, entities, and persons when (1) NRC suspects or has confirmed that there has been a breach of the system of records, (2) NRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NRC (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 NRC efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm; and</P>
                    <P>l. A record from this system of records may be disclosed as a routine use to another Federal agency or Federal entity, when the NRC 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.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>Information contained in electronic records are maintained on computer media.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>Records are accessed by individual action file number or by the name of the individual.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>Cut off files when case is closed. Hold 5 years and retire to Washington National Records Center (WNRC). Transfer to National Archives and Records Administration (NARA) with related indexes when 20 years old. (NUREG-0910, Rev. 4, 2.10.2.a(1)). Cut off electronic files when case is closed. Transfer to NARA 2 years after cutoff. Destroy NRC copy 18 years after transferring record to NARA (NUREG-0910, Rev. 4, 2.10.2.a(4)).</P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>Paper records are maintained in lockable file cabinets and are under visual control during duty hours. Access to computer records requires use of proper password and user identification codes. Access to and use of these records is limited to those NRC employees whose official duties require access.</P>
                    <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals seeking to determine whether this system of records contains information about them should write to the Freedom of Information Act or Privacy Act Officer, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRC's Privacy Act regulations, 10 CFR part 9.</P>
                    <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THE SYSTEM:</HD>
                    <P>
                        None.
                        <PRTPAGE P="12809"/>
                    </P>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Grants Management System—NRC 5.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
                    <P>Unclassified.</P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>Primary system—NRC Headquarters, 11555 Rockville Pike, Rockville, Maryland.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>Senior Grants Administrative Specialist, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>42 U.S.C. 16274a, “University Nuclear Leadership Program.”</P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>To administer grant programs for scholarship, fellowships, faculty development and research and development projects at institutions of higher education, including scholarships to trade schools and community colleges. This information is used to track students that receive federal grant funds under a scholarship or fellowship from academia through employment after graduation to ensure the student's compliance with the terms of his or her service agreement under the University Nuclear Leadership Program (UNLP).</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>Student recipients who are selected by Grantee Institutions and are supported by federal grant funds for scholarships or fellowships under UNLP grant awards.</P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>Student name, grant award providing financial support, type of grant award, performance dates of the grant award, address, phone, email, students' educational major/degree, amount of funds received under the grant award, graduation date, service obligation requirement, service agreement received, place of employment, position held, service agreement received, work status (employed in nuclear, graduated, waiver approved, repayment), tracking of a waiver requested/approved, invoice information if applicable in the event of repayment of funds and amount of years that a student is required to work in a nuclear-related position under the service agreement.</P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>The information is derived from approved student service agreements that are required under the program pursuant to 42 U.S.C. 2015b. The NRC establishes the agreement per the statutory and program requirements. The grant recipient institutions require the students to complete the forms for approval by the NRC and countersignature by the institution.</P>
                    <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
                    <P>In addition to the other types of disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses:</P>
                    <P>a. A record from this system of records may be disclosed as a routine use to that individual's educational institution in order to monitor the progress of scholarship and fellowship recipients, to ensure compliance with program requirements, to use the data to demonstrate program effectiveness, and for the educational institution's record-keeping purposes.</P>
                    <P>b. A record from this system of records which indicates a violation of civil or criminal law, regulation or order may be referred as a routine use to a Federal, State, local or foreign agency that has authority to investigate, enforce, implement or prosecute such laws. Further, a record from this system of records may be disclosed for civil or criminal law or regulatory enforcement purposes to another agency in response to a written request from that agency's head or an official who has been delegated such authority;</P>
                    <P>c. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency to obtain information relevant to an NRC decision concerning hiring or retaining an employee, letting a contract, or issuing a security clearance, license, grant or other benefit;</P>
                    <P>d. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency requesting a record that is relevant and necessary to its decision on a matter of hiring or retaining an employee, issuing a security clearance, reporting an investigation of an employee, letting a contract, or issuing a license, grant, or other benefit;</P>
                    <P>e. A record from this system of records may be disclosed as a routine use in the course of discovery; in presenting evidence to a court, magistrate, administrative tribunal, or grand jury or pursuant to a qualifying order from any of those; in alternative dispute resolution proceedings, such as arbitration or mediation; or in the course of settlement negotiations;</P>
                    <P>f. A record from this system of records may be disclosed as a routine use to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual;</P>
                    <P>g. A record from this system of records may be disclosed as a routine use to NRC-paid experts or consultants, and those under contract with the NRC on a “need-to-know” basis for a purpose within the scope of the pertinent NRC task. This access will be granted to an NRC contractor or employee of such contractor by a system manager only after satisfactory justification has been provided to the system manager.</P>
                    <P>h. A record from this system of records may be disclosed as a routine use to appropriate agencies, entities, and persons when (1) NRC suspects or has confirmed that there has been a breach of the system of records, (2) NRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NRC (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 NRC efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm; and</P>
                    <P>i. A record from this system of records may be disclosed as a routine use to another Federal agency or Federal entity, when the NRC 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.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>These records are maintained electronically on a protected shared drive, restricted access to only those approved by grant staff and OCHCO.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>
                        Information retrieved by names, grant award numbers or job status.
                        <PRTPAGE P="12810"/>
                    </P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>Records are retained and disposed of in accordance with National Archives and Records Administration record retention schedules appropriate to the retention.</P>
                    <P>GRS 1.2 item 010—Grant and cooperative agreement program management records. Temporary. Destroy 3 years after final action is taken on the file, but longer retention is authorized if required for business use.</P>
                    <P>GRS 1.2 item 020—Grant and cooperative agreement case files. Successful applications. Temporary. Destroy 10 years after final action is taken on file, but longer retention is authorized if required for business use.</P>
                    <P>GRS 1.2 item 021—Grant and cooperative agreement case files. Unsuccessful application. Temporary. Destroy 3 years after final action is taken on file, but longer retention is authorized if required for business use.</P>
                    <P>GRS 1.1 item 010—Financial transaction records related to procuring goods and services, paying bills, collecting debts and accounting. Official record held in the office of record. Temporary. Destroy 6 years after final payment or cancellation, but longer retention is authorized if required for business use.</P>
                    <P>GRS 1.1 item 011—Financial transaction records related to procuring goods and services, paying bills, collecting debts and accounting. All other copies (used for administrative or reference purposes). Temporary. Destroy when business use ceases.</P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>Records are maintained electronically; access is restricted to only authorized personnel.</P>
                    <HD SOURCE="HD2">RECORDS ACCESS PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals seeking to determine whether this system of records contains information about them should write to the Freedom of Information Act or Privacy Act Officer, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRC's Privacy Act regulations, 10 CFR part 9.</P>
                    <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THE SYSTEM:</HD>
                    <P>None.</P>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Employee Disciplinary Actions, Appeals, Grievances, and Complaints Records—NRC 8.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
                    <P>Unclassified.</P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>Primary system—Office of the Chief Human Capital Officer, NRC, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland.</P>
                    <P>The Office of the Inspector General (OIG) employee files are located with the NRC's OIG, 11555 Rockville Pike, Rockville, Maryland.</P>
                    <P>Duplicate system—A duplicate system may be maintained, in whole or in part, in the Office of the General Counsel, NRC, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, and at NRC's Regional Offices at locations listed in Addendum I, Part 2.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>Chief, Policy, Labor and Employee Relations Branch, Office of the Chief Human Capital Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. For OIG employee records: Director, Resource Management and Operations Support, Office of the Inspector General, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>5 U.S.C. 3132(a); 5 U.S.C. 3502, 5 U.S.C. 3571, 5 U.S.C. 4303, as amended; 5 U.S.C. 7513; 29 U.S.C. 633a; 29 U.S.C. 791; 42 U.S.C. 2000e-16; 42 U.S.C. 2201(d), as amended.</P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>The purpose of this system is to maintain the records of current and former NRC employees, including annuitants, who have filed complaints, grievances or appeals and/or have been the subject of proposed or final disciplinary actions or have been suspected of misconduct.</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>Current and former NRC employees who are involved in any employee and/or labor relations actions or proceedings.</P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>Includes all documents related to: disciplinary actions; adverse actions; appeals; complaints, including but not limited to those raised under the agency's prevention of harassment program; grievances; arbitrations; and negative determinations regarding within-grade salary increases. It contains information relating to determinations affecting individuals made by the NRC, Office of Personnel Management, Merit Systems Protection Board, arbitrators, courts of law, or other tribunals. The records may include the initial appeal or complaint, letters or notices to the individual, records of hearings when conducted, materials placed into the record to support the decision or determination, affidavits or statements, testimony of witnesses, investigative reports, instructions to an NRC office or division concerning action to be taken to comply with decisions, and related correspondence, opinions, and recommendations.</P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>Individuals to whom the record pertains, NRC employees, managers, and contractors, Office of Personnel Management and/or Merit Systems Protection Board officials; affidavits or statements from employees, union representatives, or other persons; testimony of witnesses; reports of inquiries (findings); official documents relating to the appeal, grievance, or complaint, including but not limited to those raised under the agency's prevention of harassment program and Allegations of Retaliation for Raising Safety Concerns (ARRSC) program; Official Personnel Folder; and other Federal agencies.</P>
                    <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
                    <P>In addition to the other types of disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses:</P>
                    <P>a. To furnish information to other Federal organizations, including but not limited to, the Office of Personnel Management, Merit Systems Protection Board, Office of Special Counsel (OSC), and Equal Employment Opportunity Commission (EEOC) under applicable requirements related to complaints, investigations and appeals;</P>
                    <P>b. To provide appropriate data to union representatives and third parties (that may include the Federal Services Impasses Panel and Federal Labor Relations Authority) in connection with grievances, arbitration actions, and appeals;</P>
                    <P>
                        c. A record from this system of records which indicates a violation of civil or criminal law, regulation or order 
                        <PRTPAGE P="12811"/>
                        may be referred as a routine use to a Federal, State, local or foreign agency that has authority to investigate, enforce, implement or prosecute such laws. Further, a record from this system of records may be disclosed for civil or criminal law or regulatory enforcement purposes to another agency in response to a written request from that agency's head or an official who has been delegated such authority;
                    </P>
                    <P>d. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency to obtain information relevant to an NRC decision concerning hiring or retaining an employee, letting a contract, or issuing a security clearance, license, grant or other benefit;</P>
                    <P>e. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency requesting a record that is relevant and necessary to its decision on a matter of hiring or retaining an employee, issuing a security clearance, reporting an investigation of an employee, letting a contract, or issuing a license, grant, or other benefit;</P>
                    <P>f. A record from this system of records may be disclosed as a routine use in the course of discovery; in presenting evidence to a court, magistrate, administrative tribunal, or grand jury or pursuant to a qualifying order from any of those; in alternative dispute resolution proceedings, such as arbitration or mediation; or in the course of settlement negotiations;</P>
                    <P>g. A record from this system of records may be disclosed as a routine use to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual;</P>
                    <P>h. A record from this system of records may be disclosed as a routine use to NRC-paid experts or consultants, and those under contract with the NRC on a “need-to-know” basis for a purpose within the scope of the pertinent NRC task. This access will be granted to an NRC contractor or employee of such contractor by a system manager only after satisfactory justification has been provided to the system manager;</P>
                    <P>i. A record from this system of records may be disclosed as a routine use to appropriate agencies, entities, and persons when (1) NRC suspects or has confirmed that there has been a breach of the system of records, (2) NRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NRC (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 NRC efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm; and</P>
                    <P>j. A record from this system of records may be disclosed as a routine use to another Federal agency or Federal entity, when the NRC 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.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>Records are maintained on paper and computer media.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>Records are retrieved by individual's name.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>Records are retained under the National Archives and Records Administration's General Records Schedule 2.3: Employee Relations Records, Item 60, Administrative grievance, disciplinary, performance-based, and adverse action files. Destroy no sooner than 4 years but no less than 7 years after case is closed.</P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>Records are maintained in locked file cabinets and in a security-controlled access automated system. Access to and use of these records is limited to those persons whose official duties require such access.</P>
                    <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
                    <P>Same as “Notification procedures.” Some information was received in confidence and will not be disclosed to the extent that disclosure would reveal a confidential source.</P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals seeking to determine whether this system of records contains information about them should write to the Freedom of Information Act or Privacy Act Officer, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRC's Privacy Act regulations, 10 CFR part 9.</P>
                    <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THE SYSTEM:</HD>
                    <P>None.</P>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Freedom of Information Act (FOIA) and Privacy Act (PA) Request Records—NRC 10.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION: </HD>
                    <P>Classified and Unclassified.</P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>Primary system—FOIA, Library, and Information Collection Branch, Data, Information Management, and Enterprise Governance Division, Office of the Chief Information Officer, NRC, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland.</P>
                    <P>Duplicate system—Duplicate systems may exist, in part, at the locations listed in Addendum I, Parts 1 and 2.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>FOIA Officer, FOIA, Library, and Information Collections Branch, Data, Information Management, and Enterprise Governance Division, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>5 U.S.C. 552 and 552a; 42 U.S.C. 2201, as amended; 10 CFR part 9.</P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>The purpose of this system is to support the processing of record access requests and administrative appeals under the FOIA, as well as access, notification, and amendment requests and administrative appeals under the Privacy Act, whether NRC receives such requests directly from the requester or via referral from another agency. In addition, this system is used to support agency participation in litigation arising from such requests and appeals, and to assist NRC in carrying out any other responsibilities under the FOIA or the access or amendment provisions of the Privacy Act.</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>
                        Individuals filing requests for access to information under the Freedom of Information Act (FOIA) or Privacy Act (PA); individuals named in the FOIA request; NRC staff assigned to help process, consider, and respond to such requests, including any appeals.
                        <PRTPAGE P="12812"/>
                    </P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>This system contains copies of the written requests from individuals or organizations made under the FOIA or PA, the NRC response letters, and related records.</P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>Requests are made by individuals. The response to the request is based upon information contained in NRC records.</P>
                    <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
                    <P>In addition to the other types of disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses:</P>
                    <P>a. If an appeal or court suit is filed with respect to any records denied;</P>
                    <P>b. For preparation of reports required by 5 U.S.C. 552 and 5 U.S.C. 552a;</P>
                    <P>c. To another Federal agency when consultation or referral is required to process a request;</P>
                    <P>d. A record from this system of records which indicates a violation of civil or criminal law, regulation or order may be referred as a routine use to a Federal, State, local or foreign agency that has authority to investigate, enforce, implement or prosecute such laws. Further, a record from this system of records may be disclosed for civil or criminal law or regulatory enforcement purposes to another agency in response to a written request from that agency's head or an official who has been delegated such authority;</P>
                    <P>e. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency to obtain information relevant to an NRC decision concerning hiring or retaining an employee, letting a contract, or issuing a security clearance, license, grant or other benefit;</P>
                    <P>f. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency requesting a record that is relevant and necessary to its decision on a matter of hiring or retaining an employee, issuing a security clearance, reporting an investigation of an employee, letting a contract, or issuing a license, grant, or other benefit;</P>
                    <P>g. A record from this system of records may be disclosed as a routine use in the course of discovery; in presenting evidence to a court, magistrate, administrative tribunal, or grand jury or pursuant to a qualifying order from any of those; in alternative dispute resolution proceedings, such as arbitration or mediation; or in the course of settlement negotiations;</P>
                    <P>h. A record from this system of records may be disclosed as a routine use to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual;</P>
                    <P>i. A record from this system of records may be disclosed as a routine use to NRC-paid experts or consultants, and those under contract with the NRC on a “need-to-know” basis for a purpose within the scope of the pertinent NRC task. This access will be granted to an NRC contractor or employee of such contractor by a system manager only after satisfactory justification has been provided to the system manager;</P>
                    <P>j. A record from this system of records may be disclosed as a routine use to appropriate agencies, entities, and persons when (1) NRC suspects or has confirmed that there has been a breach of the system of records, (2) NRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NRC (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 NRC efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm;</P>
                    <P>k. A record from this system of records may be disclosed as a routine use to respond to the National Archives and Records Administration, Office of Government Information Services (OGIS), to the extent necessary to allow OGIS to fulfill its responsibilities under 5 U.S.C. § 552(h), to review administrative agency policies, procedures and compliance with the Freedom of Information Act (FOIA) and offer mediation services to resolve disputes between persons making FOIA requests and administrative agencies; and</P>
                    <P>l. A record from this system of records may be disclosed as a routine use to another Federal agency or Federal entity, when the NRC 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.</P>
                    <P>
                        m. FOIA records, which are publicly available in the Public Documents Room, are accessible through the NRC website, 
                        <E T="03">https://www.nrc.gov.</E>
                    </P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>Records are maintained on paper, audio and video tapes, and electronic media.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>Records are accessed by unique assigned number for each request and by requester's name.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>Records are retained under the National Archives and Records Administration's, General Records Schedule 4.2: Information Access and Protection Records, Item 020, Access and disclosure request files. Destroy 6 years after final agency action or 3 years after final adjudication by the courts, whichever is later, but longer retention is authorized if required for business use.</P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>Records are maintained on restricted drives, folders, SharePoint, in a safe, or in locked file cabinets, in workstations or that are kept in locked rooms. Electronic records are password protected. Access to and use of these records is limited to those persons whose official duties require such access and have a need to know.</P>
                    <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals seeking to determine whether this system of records contains information about them should write to the Freedom of Information Act or Privacy Act Officer, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRC's Privacy Act regulations, 10 CFR part 9.</P>
                    <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THE SYSTEM:</HD>
                    <P>
                        Records contained in this system that have been placed on the NRC public website are available upon request. Pursuant to 5 U.S.C. 552a(k)(2), records in this system, which reflect records that are contained in other systems of 
                        <PRTPAGE P="12813"/>
                        records that are designated as exempt, are exempt from the requirements of subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), (I), and (f) of 5 U.S.C. 552a.
                    </P>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Reasonable Accommodation Records—NRC 11.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
                    <P>Unclassified.</P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>Primary system—Records are located in a cloud-based server which is FedRAMP approved. Redundant hard copy records are maintained in a secure locked filing cabinet in the office of the Chief Human Capital Officer, NRC, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>Human Resources Specialist (RA) and Branch Chief, Benefits and Work Life Programs Branch, Associate Director for Human Resources Operations and Policy, Office of the Chief Human Capital Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>Executive Order (E.O.) 13164; E.O. 9397, as amended by E.O. 13478; Social Security Number Fraud Prevention Act of 2017, 42 U.S.C. 405 note.</P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>To allow the NRC to collect and maintain records on employees and applicants for employment who have disabilities and have requested or received reasonable accommodations as required by Sections 501, 504, and 701 of the Rehabilitation Act of 1973. This system will track and report the processing of requests for reasonable accommodations to comply with applicable law and regulations and to preserve and maintain confidentiality.</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>Federal employees and applicants for employment requesting a reasonable accommodation.</P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>Individual name, accommodation being requested, accommodation type, impairment, disability type, disability condition, 504/508 explanation, and case notes.</P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>Information in this system of records comes from the individual to whom it applies; is derived from information supplied by that individual; employee's supervisor or private and Federal physicians, and medical institutions.</P>
                    <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
                    <P>In addition to the other types of disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses:</P>
                    <P>a. A record from this system of records may be disclosed as a routine use to a prospective employer of a Government employee. Upon transfer of the employee to another Federal agency, the information may be transferred to such agency;</P>
                    <P>b. A record from this system of records may be disclosed as a routine use to provide information to the OPM and/or MSPB for review, audit, or reporting purposes;</P>
                    <P>c. A record from this system of records which indicates a violation of civil or criminal law, regulation or order may be referred as a routine use to a Federal, State, local or foreign agency that has authority to investigate, enforce, implement or prosecute such laws. Further, a record from this system of records may be disclosed for civil or criminal law or regulatory enforcement purposes to another agency in response to a written request from that agency's head or an official who has been delegated such authority;</P>
                    <P>d. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency to obtain information relevant to an NRC decision concerning hiring or retaining an employee, letting a contract, or issuing a security clearance, license, grant or other benefit;</P>
                    <P>e. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency requesting a record that is relevant and necessary to its decision on a matter of hiring or retaining an employee, issuing a security clearance, reporting an investigation of an employee, letting a contract, or issuing a license, grant, or other benefit;</P>
                    <P>f. A record from this system of records may be disclosed as a routine use in the course of discovery; in presenting evidence to a court, magistrate, administrative tribunal, or grand jury or pursuant to a qualifying order from any of those; in alternative dispute resolution proceedings, such as arbitration or mediation; or in the course of settlement negotiations;</P>
                    <P>g. A record from this system of records may be disclosed as a routine use to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual;</P>
                    <P>h. A record from this system of records may be disclosed as a routine use to NRC-paid experts or consultants, and those under contract with the NRC on a “need-to-know” basis for a purpose within the scope of the pertinent NRC task. This access will be granted to an NRC contractor or employee of such contractor by a system manager only after satisfactory justification has been provided to the system manager;</P>
                    <P>i. A record from this system of records may be disclosed as a routine use to appropriate agencies, entities, and persons when (1) NRC suspects or has confirmed that there has been a breach of the system of records, (2) NRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NRC (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 NRC efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm; and</P>
                    <P>j. A record from this system of records may be disclosed as a routine use to another Federal agency or Federal entity, when the NRC 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.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>Records are maintained on paper in file folders and on electronic media.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>Records for employees are retrieved by employee name.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>
                        Records are retained under the National Archives and Records Administration's General Records Schedule 2.3: Employee Relations Records, Item 020, Reasonable or 
                        <PRTPAGE P="12814"/>
                        religious accommodation case files. Destroy 3 years after employee separation from the agency or all appeals are concluded, whichever is later, but longer retention is authorized if required for business use.
                    </P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>Records are maintained on paper and electronically. Paper documents are maintained in lockable file cabinets. Electronic files are password protected. Electronic databases are access restricted to Reasonable Accommodation Coordinators.</P>
                    <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals seeking to determine whether this system of records contains information about them should write to the Freedom of Information Act or Privacy Act Officer, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRC's Privacy Act regulations, 10 CFR part 9.</P>
                    <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THE SYSTEM:</HD>
                    <P>None.</P>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Child Care Subsidy Program Records—NRC 12.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
                    <P>Unclassified.</P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>FEEA Childcare Services, Inc., 1641 Prince Street, Alexandria, VA 22314-2818.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>Associate Director for Human Resources Operations and Policy, Office of the Chief Human Capital Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>40 U.S.C. 590(g); 5 CFR 792.201-206; Executive Order (E.O.) 9397, as amended by E.O. 13478; Social Security Number Fraud Prevention Act of 2017, 42 U.S.C. 405 note.</P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>The purpose of this system is to administer NRC-sponsored child care program.</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>NRC employees who voluntarily apply for child care subsidy.</P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>These records include application forms for child care subsidy containing personal information about the employee (parent), their spouse (if applicable), their child/children, and their child care provider, including name, social security number, employer, grade, home and work telephone numbers, home and work addresses, total family income, name of child on whose behalf the parent is applying for subsidy, child's date of birth; information on child care providers used, including name, address, provider license number and State where issued, child care cost, and provider tax identification number; and copies of IRS Form 1040 or 1040A for verification purposes.</P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>Information is obtained from NRC employees who apply for child care subsidy and their child care provider.</P>
                    <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
                    <P>In addition to the other types of disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses:</P>
                    <P>a. A record from this system of records may be disclosed as a routine use to the Office of Personnel Management to provide statistical reports;</P>
                    <P>b. A record from this system of records which indicates a violation of civil or criminal law, regulation or order may be referred as a routine use to a Federal, State, local or foreign agency that has authority to investigate, enforce, implement or prosecute such laws. Further, a record from this system of records may be disclosed for civil or criminal law or regulatory enforcement purposes to another agency in response to a written request from that agency's head or an official who has been delegated such authority;</P>
                    <P>c. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency to obtain information relevant to an NRC decision concerning hiring or retaining an employee, letting a contract, or issuing a security clearance, license, grant or other benefit;</P>
                    <P>d. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency requesting a record that is relevant and necessary to its decision on a matter of hiring or retaining an employee, issuing a security clearance, reporting an investigation of an employee, letting a contract, or issuing a license, grant, or other benefit;</P>
                    <P>e. A record from this system of records may be disclosed as a routine use in the course of discovery; in presenting evidence to a court, magistrate, administrative tribunal, or grand jury;</P>
                    <P>f. or pursuant to a qualifying order from any of those; in alternative dispute resolution proceedings, such as arbitration or mediation; or in the course of settlement negotiations;</P>
                    <P>g. A record from this system of records may be disclosed as a routine use to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual;</P>
                    <P>h. A record from this system of records may be disclosed as a routine use to NRC-paid experts or consultants, and those under contract with the NRC on a “need-to-know” basis for a purpose within the scope of the pertinent NRC task. This access will be granted to an NRC contractor or employee of such contractor by a system manager only after satisfactory justification has been provided to the system manager;</P>
                    <P>i. A record from this system of records may be disclosed as a routine use to appropriate agencies, entities, and persons when (1) NRC suspects or has confirmed that there has been a breach of the system of records, (2) NRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NRC (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 NRC efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm; and</P>
                    <P>
                        j. A record from this system of records may be disclosed as a routine use to another Federal agency or Federal entity, when the NRC 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.
                        <PRTPAGE P="12815"/>
                    </P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>Records are maintained on paper and electronic media at the current contractor site.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>Information may be retrieved by employee name or social security number.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>Administrative records are retained under the National Archives and Records Administration's General Records Schedule 2.4: Employee Compensation and Benefits Records, Item 120, Childcare subsidy program administrative records. Destroy when 3 years old, but longer retention is authorized if required for business use. Individual case files are retained under General Records Schedule 2.4, Item 121. Destroy 2 years after employee participation concludes, but longer retention is authorized if required for business use.</P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>When not in use by an authorized person, paper records are stored in lockable file cabinets and computer records are protected by the use of passwords.</P>
                    <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals seeking to determine whether this system of records contains information about them should write to the Freedom of Information Act or Privacy Act Officer, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRC's Privacy Act regulations, 10 CFR part 9.</P>
                    <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THE SYSTEM:</HD>
                    <P>None.</P>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Employee Assistance Program Records—NRC 14.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
                    <P>Unclassified.</P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>Office of the Chief Human Capital Officer, NRC, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, and current contractor facility.</P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>Information compiled by the Employee Assistance Program contractor during the course of counseling with an NRC employee or family members of the employee.</P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>5 U.S.C. 7901; 21 U.S.C. 1101-1181; 42 U.S.C. chapter 6A, Subchapter III-A; 44 U.S.C. 3101; 44 U.S.C. 3301; 5 CFR 792.101-105.</P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>This record system will maintain information gathered by and in the possession of the NRC's EAP contractor. The EAP is an agency program designed to assist employees of the NRC and, in certain instances, their family members, in regard to a variety of personal and/or work-related issues.</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>NRC employees or family members who have been counseled by or referred to the Employee Assistance Program (EAP) for problems relating to alcoholism, drug abuse, job stress, chronic illness, family or relationship concerns, and emotional and other similar issues.</P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>This system contains records of NRC employees or their family members who have participated in the EAP and the results of any counseling or referrals which may have taken place. The records may contain information as to the nature of each participant's problem, subsequent treatment, and progress.</P>
                    <HD SOURCE="HD2"> ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
                    <P>
                        In addition to the other types of disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses: (
                        <E T="03">Note:</E>
                         Any disclosure of information pertaining to an individual will be made in compliance with the Confidentiality of Substance Use Disorder Patient Records regulations, 42 CFR part 2, as authorized by 42 U.S.C. 290dd-2, as amended).
                    </P>
                    <P>a. For statistical reporting purposes;</P>
                    <P>b. To appropriate agencies, entities, and persons when (1) NRC suspects or has confirmed that there has been a breach of the system of records, (2) NRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NRC (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 NRC efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm; and</P>
                    <P>c. To another Federal agency or Federal entity, when the NRC 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.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>Records are maintained on paper in file folders and on electronic media.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETREIVAL OF RECORDS:</HD>
                    <P>Information accessed by the EAP identification number and name of the individual.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>Records are retained under the National Archives and Records Administration's General Records Schedule 2.7: Employee Health and Safety Records, Employee Assistance Program (EAP) counseling records, Item 091, Records not related to performance or conduct. Destroy 7 years after termination of counseling for adults or 3 years after a minor reaches the age of majority, or when the state-specific statute of limitations has expired for contract providers subject to state requirements, but longer retention is authorized if needed for business use.</P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>Files are maintained in a safe under the immediate control of the Employee Assistance Program contractor. Case files are maintained in accordance with the confidentiality requirements of Public Law 93-282, any NRC-specific confidentiality regulations, and the Privacy Act of 1974.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>
                        (1) Associate Director for HR Operations and Policy and (2) the Program Specialist, Office of the Chief Human Capital Officer, U.S. Nuclear 
                        <PRTPAGE P="12816"/>
                        Regulatory Commission, Washington, DC 20555-0001.
                    </P>
                    <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals seeking to determine whether this system of records contains information about them should write to the Freedom of Information Act or Privacy Act Officer, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRC's Privacy Act regulations, 10 CFR part 9.</P>
                    <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THE SYSTEM:</HD>
                    <P>None.</P>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Facility Operator Licensees Records (10 CFR part 55)—NRC 16.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION: </HD>
                    <P>Unclassified.</P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>For power reactors, at the appropriate Regional Office at the address listed in Addendum I, Part 2; for non-power (test and research) reactor facilities, at the Operator Licensing and Human Factors Branch, Division of Reactor Oversight, Office of Nuclear Reactor Regulation, NRC, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. The Reactor Program System—Operator Licensing (RPS-OL) is located at NRC Headquarters and is accessible by the four Regional Offices.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>Chief, Operator Licensing and Human Factors Branch, Division of Reactor Oversight, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>42 U.S.C. 2131-2141; 10 CFR part 55.</P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>The purpose of the system is to record information associated with individual operator licenses; including initial applications, examination results, license issuance, license renewals, license expirations, and medical status.</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>Individuals licensed under 10 CFR part 55, applicants whose applications are being processed, and individuals whose licenses have expired.</P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>These records contain information pertaining to 10 CFR part 55 applicants for a license, licensed operators, and individuals who previously held licenses. This includes applications for a license, license and denial letters, and related correspondence; correspondence relating to actions taken against a licensee; 10 CFR 50.74 notifications; certification of medical examination and related medical information; fitness for duty information; examination results and other docket information.</P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>Information in this system comes from the individual applying for a license, the 10 CFR part 50 licensee, a licensed physician, and NRC and contractor staff.</P>
                    <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
                    <P>In addition to the other types of disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses:</P>
                    <P>a. To determine if the individual meets the requirements of 10 CFR part 55 to take an examination or to be issued an operator's license;</P>
                    <P>b. To provide researchers with information for reports and statistical evaluations related to selection, training, and examination of facility operators;</P>
                    <P>c. To provide examination, testing material, and results to facility management;</P>
                    <P>d. A record from this system of records which indicates a violation of civil or criminal law, regulation or order may be referred as a routine use to a Federal, State, local or foreign agency that has authority to investigate, enforce, implement or prosecute such laws. Further, a record from this system of records may be disclosed for civil or criminal law or regulatory enforcement purposes to another agency in response to a written request from that agency's head or an official who has been delegated such authority;</P>
                    <P>e. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency to obtain information relevant to an NRC decision concerning hiring or retaining an employee, letting a contract, or issuing a security clearance, license, grant or other benefit;</P>
                    <P>f. A record from this system of records may be disclosed as a routine use in the course of discovery; in presenting evidence to a court, magistrate, administrative tribunal, or grand jury or pursuant to a qualifying order from any of those; in alternative dispute resolution proceedings, such as arbitration or mediation; or in the course of settlement negotiations;</P>
                    <P>g. A record from this system of records may be disclosed as a routine use to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual;</P>
                    <P>h. A record from this system of records may be disclosed as a routine use to NRC-paid experts or consultants, and those under contract with the NRC on a “need-to-know” basis for a purpose within the scope of the pertinent NRC task. This access will be granted to an NRC contractor or employee of such contractor by a system manager only after satisfactory justification has been provided to the system manager;</P>
                    <P>i. A record from this system of records may be disclosed as a routine use to appropriate agencies, entities, and persons when (1) NRC suspects or has confirmed that there has been a breach of the system of records, (2) NRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NRC (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 NRC efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm; and</P>
                    <P>j. A record from this system of records may be disclosed as a routine use to another Federal agency or Federal entity, when the NRC 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.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>
                        Records are maintained on paper in file folders and logs, and on electronic media.
                        <PRTPAGE P="12817"/>
                    </P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>Records are accessed by name and docket number and ADAMS accession number.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>Records are retained under the Nuclear Regulatory Commission's (NRC) NUREG 0910 Rev 4—(2.18.6.a, 2.25.9.a), Headquarters and Regional Operator Licensing Files, 10 CFR part 55 Docket Files. Cutoff files upon latest license expiration/revocation/termination, application denial or withdrawal, or issuance of denial letter. Destroy when 10 years old. Examination Package records are retained under NUREG 0910 Rev 4—(2.18.6.b(1), 2.18.6.b(4), 2.25.9.b(1), 2.25.9.b(4)). Cutoff upon receipt of next exam. Destroy 4 years after cutoff.</P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>Maintained in locked file cabinets or an area that is locked. Computer files are password protected. Access to and use of these records is limited to those persons whose official duties require such access based on roles and responsibilities.</P>
                    <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals seeking to determine whether this system of records contains information about them should write to the Freedom of Information Act or Privacy Act Officer, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRC's Privacy Act regulations, 10 CFR part 9.</P>
                    <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THE SYSTEM:</HD>
                    <P>None.</P>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Office of the Inspector General (OIG) Investigative Records—NRC and Defense Nuclear Facilities Safety Board (DNFSB)—NRC 18.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
                    <P>Unclassified.</P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>Office of the Inspector General, NRC, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>Assistant Inspector General for Investigations, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>Inspector General Act of 1978, as amended, 5 U.S.C. 401-424; and the Consolidated Appropriations Act, 2014.</P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>NRC OIG uses records and information collected and maintained in this system to receive and adjudicate allegations/complaints of violations of criminal, civil, and administrative laws and regulations relating to NRC programs, operations, and employees, as well as contractors and other individuals and entities associated with NRC; monitor complaint and investigation assignments, status, disposition, and results; manage investigations and information provided during the course of such investigations; track and assess actions taken by NRC management regarding employee misconduct and other allegations; support and assess legal actions taken following referrals for criminal prosecution or litigation; provide information relating to any adverse action or other proceeding that may occur as a result of the findings of an investigation.</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>Individuals and entities referred to in complaints or actual investigative cases, reports, accompanying documents, and correspondence prepared by, compiled by, or referred to the OIG.</P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>The system comprises five parts: (1) An automated Investigative Database Program containing reports of investigations, inquiries, and other reports closed since 1989; (2) paper files of all OIG and predecessor Office of Inspector and Auditor (OIA) reports, correspondence, cases, matters, memoranda, materials, legal papers, evidence, exhibits, data, and work papers pertaining to all closed and pending investigations, inquiries, and other reports; (3) an automated Investigative Management System that includes allegations referred to the OIG from 1985 forward, whether or not the allegation progressed to an investigation, inquiry or other report, and dates that an investigation, inquiry or other report was opened and closed and reports, correspondence, cases, matters, memoranda, materials, legal papers, evidence, exhibits, data and work papers pertaining to these cases.</P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>The information is obtained from sources including, but not limited to, the individual record subject; NRC officials and employees; employees of Federal, State, local, and foreign agencies; and other persons.</P>
                    <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
                    <P>In addition to the other types of disclosures permitted under subsection (b) of the Privacy Act, OIG may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses:</P>
                    <P>a. To any Federal, State, local, tribal, or foreign agency, or other public authority responsible for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if that information is relevant to any enforcement, regulatory, investigative, or prosecutorial responsibility of the receiving entity when records from this system of records, either by themselves or in combination with any other information, indicate a violation or potential violation of law, whether administrative, civil, criminal, or regulatory in nature;</P>
                    <P>b. To public or private sources to the extent necessary to obtain information from those sources relevant to an OIG investigation, audit, inspection, or other inquiry;</P>
                    <P>c. To a court, adjudicative body before which NRC or DNFSB is authorized to appear, Federal agency, individual or entity designated by NRC or DNFSB or otherwise empowered to resolve disputes, counsel or other representative, or witness or potential witness when it is relevant and necessary to the litigation if any of the parties listed below is involved in the litigation or has an interest in the litigation:</P>
                    <P>1. NRC or DNFSB, or any component of NRC or DNFSB;</P>
                    <P>2. Any employee of NRC or DNFSB where the NRC or DNFSB or the Department of Justice has agreed to represent the employee; or</P>
                    <P>3. The United States, where NRC or DNFSB determines that the litigation is likely to affect the NRC or DNFSB or any of their components;</P>
                    <P>
                        d. To a private firm or other entity with which OIG or NRC or DNFSB contemplates it will contract or has contracted for the purpose of performing any functions or analyses that facilitate or are relevant to an investigation, audit, 
                        <PRTPAGE P="12818"/>
                        inspection, inquiry, or other activity related to this system of records, to include to contractors or entities who have a need for such information or records to resolve or support payment to the agency. The contractor, private firm, or entity needing access to the records to perform the activity shall maintain Privacy Act safeguards with respect to information. A contractor, private firm, or entity operating a system of records under 5 U.S.C. 552a(m) shall comply with the Privacy Act;
                    </P>
                    <P>e. To another agency to the extent necessary for obtaining its advice on any matter relevant to an OIG investigation, audit, inspection, or other inquiry related to the responsibilities of the OIG;</P>
                    <P>f. To the National Archives and Records Administration or to the General Services Administration for records management inspections conducted under 44 U.S.C. 2904 and 2906;</P>
                    <P>g. A record from this system of records which indicates a violation of civil or criminal law, regulation or order may be referred as a routine use to a Federal, State, local or foreign agency that has authority to investigate, enforce, implement or prosecute such laws. Further, a record from this system of records may be disclosed for civil or criminal law or regulatory enforcement purposes to another agency in response to a written request from that agency's head or an official who has been delegated such authority;</P>
                    <P>h. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency to obtain information relevant to an NRC decision concerning hiring or retaining an employee, letting a contract, or issuing a security clearance, license, grant or other benefit;</P>
                    <P>i. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency requesting a record that is relevant and necessary to its decision on a matter of hiring or retaining an employee, issuing a security clearance, reporting an investigation of an employee, letting a contract, or issuing a license, grant, or other benefit;</P>
                    <P>j. A record from this system of records may be disclosed as a routine use in the course of discovery; in presenting evidence to a court, magistrate, administrative tribunal, or grand jury or pursuant to a qualifying order from any of those; in alternative dispute resolution proceedings, such as arbitration or mediation; or in the course of settlement negotiations;</P>
                    <P>k. A record from this system of records may be disclosed as a routine use to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual;</P>
                    <P>l. A record from this system of records may be disclosed as a routine use to NRC-paid experts or consultants, and those under contract with the NRC on a “need-to-know” basis for a purpose within the scope of the pertinent NRC task. This access will be granted to an NRC contractor or employee of such contractor by a system manager only after satisfactory justification has been provided to the system manager;</P>
                    <P>m. A record from this system of records may be disclosed as a routine use to appropriate agencies, entities, and persons when (1) NRC suspects or has confirmed that there has been a breach of the system of records, (2) NRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NRC (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 NRC efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm; and</P>
                    <P>n. A record from this system of records may be disclosed as a routine use to another Federal agency or Federal entity, when the NRC 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.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>Information is maintained in paper files and on electronic media.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>Information is retrieved from the Investigative Database Program by the name of an individual, by case number, or by subject matter. Information in the paper files backing up the Investigative Database Program and older cases closed by 1989 is retrieved by subject matter and/or case number, not by individual identifier. Information in both the Allegations Tracking System and the Investigative Management System is retrieved by allegation number, case number, or name.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>Records are retained according to the National Archives and Records Administration's approved schedule for the Office of the Inspector General, N1-431-10-002, item 2.b, Investigation Case Files. Cut off at close of fiscal year in which the case is closed. Transfer to the Federal Records Center (FRC) 3 years after cutoff. Transfer to National Archives and Records Administration 20 years after cutoff. Retain an electronic copy until no longer needed (Allegation records will be managed in the corresponding Investigation Case File).</P>
                    <P>Referred Allegations are retained under the National Archives and Records Administration's approved schedule, N1-431-10-002, item 2.a.ii. Cut off allegation file at the end of the fiscal year when the issue described in the Referral Letter is resolved. Hold allegation file in the OIG for a minimum of 2 years after cutoff. Destroy 10 years after cutoff.</P>
                    <P>Closed Allegations are retained under the National Archives and Records Administration's approved schedule, N1-431-10-002, item 2.a.iii. Cut off allegation files at the end if the fiscal year in which the allegation is closed. Destroy the allegation file 5 years after cutoff.</P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>Access to the automated Investigative Database Program is password protected. Both the Allegations Tracking System and the Investigative Management System are accessible from terminals that are double-password-protected. Paper files backing up the automated systems and older case reports and work papers are maintained in approved security containers and locked filing cabinets in a locked room; associated indices, records, diskettes, tapes, etc., are stored in locked metal filing cabinets, safes, storage rooms, or similar secure facilities. All records in this system are available only to authorized personnel who have a need to know and whose duties require access to the information.</P>
                    <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
                    <P>
                        Same as “Notification procedures.” Information classified under Executive Order 12958 will not be disclosed. Information received in confidence will be maintained under the Inspector General Act, 5 U.S.C. 401-424, and the Commission's Policy Statement on 
                        <PRTPAGE P="12819"/>
                        Confidentiality, Management Directive 8.8, “Management of Allegations.”
                    </P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals seeking to determine whether this system of records contains information about them should write to the Freedom of Information Act or Privacy Act Officer, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRC's Privacy Act regulations, 10 CFR part 9.</P>
                    <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THE SYSTEM:</HD>
                    <P>Under 5 U.S.C. 552a(j)(2), the Commission has exempted this system of records from subsections (c)(3) and (4), (d)(1)-(4), (e)(1)-(3), (5), and (8), and (g) of the Act. This exemption applies to information in the system that relates to criminal law enforcement and meets the criteria of the (j)(2) exemption. Under 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), and (k)(6), the Commission has exempted portions of this system of records from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).</P>
                    <HD SOURCE="HD2">DISCLOSURE TO CONSUMER REPORTING AGENCIES:</HD>
                    <P>
                        <E T="03">Disclosure Pursuant to 5 U.S.C. 552a(b)(13):</E>
                    </P>
                    <P>Disclosure of information to a consumer reporting agency is not considered a routine use of records. Disclosures may be made from this system to “consumer reporting agencies” as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f) (1970)) or the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3701(a)(3) (1996)).</P>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Official Personnel Training Records—NRC 19.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
                    <P>Unclassified.</P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>Primary system located at the NRC's current contractor facility on behalf of the Office of the Chief Human Capital Officer, NRC, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland.</P>
                    <P>The Office of the Inspector General (OIG) employee files are located with the OIG at NRC, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.</P>
                    <P>Duplicate system—Duplicate systems exist, in part, at the Technical Training Center, Regional Offices, and within the organization where the NRC employee works, at the locations listed in Addendum I, Parts 1 and 2.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>Associate Director for Training and Development, Office of the Chief Human Capital Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. For OIG employee records: Director, Resource Management and Operations Support, Office of the Inspector General, Washington, DC 20555-0001.</P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>5 U.S.C. 3396; 5 U.S.C. 4103; Executive Order (E.O.) 9397, as amended by E.O.13478; E.O. 11348, as amended by E.O. 12107; 5 CFR parts 410 and 412.</P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>This record system will collect, and document training given to NRC employees, contractors, and others who are provided NRC training. This system will provide NRC with a means to track the particular training that is provided, identify training trends, monitor and track the expenditure of training, schedule training classes and programs, schedule instructors, track training items issued to students, assess the effectiveness of training, identify patterns, respond to requests for information related to the training of NRC personnel and other individuals.</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>Individuals who applied or were selected for NRC, other Government, or non-Government training courses or programs.</P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>These records contain information relating to an individual's educational background and training courses including training requests and authorizations, evaluations, supporting documentation, and other related personnel information, including but not limited to, an individual's name, address, telephone number, position title, organization, and grade.</P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>Information is provided by the subject individual, the employee's supervisor, and training groups, agencies, or educational institutions and learning activities.</P>
                    <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
                    <P>In addition to the other types of disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses:</P>
                    <P>a. Information may be extracted from the records and made available to the Office of Personnel Management; other Federal, State, and local government agencies; educational institutions and training facilities for purposes of enrollment and verification of employee attendance and performance;</P>
                    <P>b. A record from this system of records which indicates a violation of civil or criminal law, regulation or order may be referred as a routine use to a Federal, State, local or foreign agency that has authority to investigate, enforce, implement or prosecute such laws. Further, a record from this system of records may be disclosed for civil or criminal law or regulatory enforcement purposes to another agency in response to a written request from that agency's head or an official who has been delegated such authority;</P>
                    <P>c. A record from this system of records may be disclosed as a routine use to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual;</P>
                    <P>d. A record from this system of records may be disclosed as a routine use to NRC-paid experts or consultants, and those under contract with the NRC on a “need-to-know” basis for a purpose within the scope of the pertinent NRC task. This access will be granted to an NRC contractor or employee of such contractor by a system manager only after satisfactory justification has been provided to the system manager;</P>
                    <P>e. A record from this system of records may be disclosed as a routine use to appropriate agencies, entities, and persons when (1) NRC suspects or has confirmed that there has been a breach of the system of records, (2) NRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NRC (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 NRC efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm; and</P>
                    <P>
                        f. A record from this system of records may be disclosed as a routine use to another Federal agency or Federal entity, when the NRC determines that 
                        <PRTPAGE P="12820"/>
                        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.
                    </P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>Records are maintained on paper in file folders and on electronic media.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>Information is accessed by name, user identification number, course number, or course session number.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>Records are retained under the National Archives and Records Administration's General Records Schedule 2.6: Employee Training Records, Item 010, Non-mission employees training program records. Destroy when 3 years old, or 3 years after superseded or obsolete, whichever is appropriate, but longer retention is authorized if required for business use.</P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>Electronic records are maintained in a password protected computer system. Paper is maintained in lockable file cabinets and file rooms. Access to and use of these records is limited to those persons whose official duties require such access, with the level of access controlled by roles and responsibilities.</P>
                    <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals seeking to determine whether this system of records contains information about them should write to the Freedom of Information Act or Privacy Act Officer, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRC's Privacy Act regulations, 10 CFR part 9.</P>
                    <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THE SYSTEM:</HD>
                    <P>None.</P>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Payroll Accounting Records—NRC 21.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
                    <P>Unclassified.</P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>Primary system—Division of the Comptroller, Office of the Chief Financial Officer, NRC, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland. NRC has an interagency agreement with the Department of the Interior's Interior Business Center (DOI/IBC), Federal Personnel/Payroll System (FPPS), in Denver, Colorado, to maintain electronic personnel information and perform payroll processing activities for its employees as of November 2, 2003.</P>
                    <P>Duplicate system—Duplicate systems exist, in part, within the organization where the employee actually works for administrative purposes, at the locations listed in Addendum I, Parts 1 and 2.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>Chief, Financial Services and Operations Branch, Division of the Comptroller, Office of the Chief Financial Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>26 CFR 31.6011(b)-2, 31.6109-1; 5 U.S.C. 6334; 5 U.S.C. part III, subpart D; 31 U.S.C. 716; 31 U.S.C., subtitle III, chapters 35 and 37; Executive Order (E.O.) 9397, as amended by E.O. 13478; Social Security Number Fraud Prevention Act of 2017, 42 U.S.C. 405 note.</P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>The purpose of this system is to ensure proper payment of salary and benefits to NRC personnel, and to track time worked, leave, or other absences for reporting and compliance purposes.</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>
                        Current and former NRC employees, including special Government employees (
                        <E T="03">i.e.</E>
                        , consultants).
                    </P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>Pay, leave, benefit enrollment and voluntary allowance deductions, and labor activities, which includes, but is not limited to, an individual's name and social security number.</P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>Information in this system of records is obtained from sources, including but not limited to, the individual to whom it pertains, the Office of the Chief Human Capital Officer and other NRC officials, and other agencies and entities.</P>
                    <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
                    <P>In accordance with an interagency agreement the NRC may disclose records to the DOI/IBC FPPS in order to affect all financial transactions on behalf of the NRC related to employee pay. Specifically, the DOI/IBC's FPPS may affect employee pay or deposit funds on behalf of NRC employees, and/or it may withhold, collect or offset funds from employee salaries as required by law or as necessary to correct overpayment or amounts due.</P>
                    <P>In addition to the other types of disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the subject individual if the disclosure is compatible with the purpose for which the record was collected under the following routine uses; or, where determined to be appropriate and necessary, the NRC may authorize DOI/IBC to make the disclosure:</P>
                    <P>a. For transmittal of data to U.S. Treasury to effect issuance of paychecks to employees and consultants and distribution of pay according to employee directions for savings bonds, allotments, financial institutions, and other authorized purposes including the withholding and reporting of Thrift Savings Plan deductions to the Department of Agriculture's National Finance Center;</P>
                    <P>b. For reporting tax withholding to Internal Revenue Service and appropriate state and local taxing authorities;</P>
                    <P>c. For FICA and Medicare deductions to the Social Security Administration;</P>
                    <P>d. For dues deductions to labor unions;</P>
                    <P>e. For withholding for health insurance to the insurance carriers by the Office of Personnel Management;</P>
                    <P>f. For charity contribution deductions to agents of charitable institutions;</P>
                    <P>g. For annual W-2 statements to taxing authorities and the individual;</P>
                    <P>h. For transmittal to the Office of Management and Budget for financial reporting;</P>
                    <P>i. For withholding and reporting of retirement, tax levies, bankruptcies, garnishments, court orders, re-employed annuitants, and life insurance information to the Office of Personnel Management;</P>
                    <P>j. For transmittal of information to State agencies for unemployment purposes;</P>
                    <P>
                        k. For transmittal to the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and 
                        <PRTPAGE P="12821"/>
                        Human Services Federal Parent Locator System and Federal Tax Offset System for use in locating individuals and identifying their income sources to establish paternity, establish and modify orders of support, and for enforcement action;
                    </P>
                    <P>l. For transmittal to the Office of Child Support Enforcement for release to the Social Security Administration for verifying social security numbers in connection with the operation of the Federal Parent Locator System by the Office of Child Support Enforcement;</P>
                    <P>m. For transmittal to the Office of Child Support Enforcement for release to the Department of Treasury for the purpose of administering the Earned Income Tax Credit Program (Section 32, Internal Revenue Code of 1986) and verifying a claim with respect to employment in a tax return;</P>
                    <P>n. To the National Archives and Records Administration or to the General Services Administration for records management inspections conducted under 44 U.S.C. 2904 and 2906;</P>
                    <P>o. Time and labor data are used by the NRC as a project management tool in various</P>
                    <P>
                        p. management records and reports (
                        <E T="03">i.e.,</E>
                         work performed, work load projections, scheduling, project assignments, budget), and for identifying reimbursable and fee billable work performed by the NRC;
                    </P>
                    <P>q. A record from this system of records which indicates a violation of civil or criminal law, regulation or order may be referred as a routine use to a Federal, State, local or foreign agency that has authority to investigate, enforce, implement or prosecute such laws. Further, a record from this system of records may be disclosed for civil or criminal law or regulatory enforcement purposes to another agency in response to a written request from that agency's head or an official who has been delegated such authority;</P>
                    <P>r. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency to obtain information relevant to an NRC decision concerning hiring or retaining an employee, letting a contract, or issuing a security clearance, license, grant or other benefit;</P>
                    <P>s. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency requesting a record that is relevant and necessary to its decision on a matter of hiring or retaining an employee, issuing a security clearance, reporting an investigation of an employee, letting a contract, or issuing a license, grant, or other benefit;</P>
                    <P>t. A record from this system of records may be disclosed as a routine use in the course of discovery; in presenting evidence to a court, magistrate, administrative tribunal, or grand jury or pursuant to a qualifying order from any of those; in alternative dispute resolution proceedings, such as arbitration or mediation; or in the course of settlement negotiations;</P>
                    <P>u. A record from this system of records may be disclosed as a routine use to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual;</P>
                    <P>v. A record from this system of records may be disclosed as a routine use to NRC-paid experts or consultants, and those under contract with the NRC on a “need-to-know” basis for a</P>
                    <P>w. purpose within the scope of the pertinent NRC task. This access will be granted to an NRC contractor or employee of such contractor by a system manager only after satisfactory justification has been provided to the system manager;</P>
                    <P>x. A record from this system of records may be disclosed as a routine use to appropriate agencies, entities, and persons when (1) NRC suspects or has confirmed that there has been a breach of the system of records, (2) NRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NRC (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 NRC efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm; and</P>
                    <P>y. A record from this system of records may be disclosed as a routine use to another Federal agency or Federal entity, when the NRC 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.</P>
                    <HD SOURCE="HD2">POLCIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>Information is maintained on electronic media (stored in memory, on disk, and magnetic tape), on microfiche, and in paper copy.</P>
                    <P>Electronic payroll, time, and labor records prior to November 2, 2003, are maintained in the Human Resources Management System (HRMS), the PAY PERS Historical database reporting system, and on microfiche at NRC. Electronic payroll records from November 2, 2003, forward are maintained in the DOI/IBC's FPPS in Denver, Colorado. Time and labor records are maintained in the HRMS at NRC.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>Information is accessed by employee identification number, name and social security number.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>
                        Records are retained under the National Archives and Records Administration's General Records Schedule 2.4: Employee Compensation and Benefits Records, Item 010, Records used to calculate payroll, arrange paycheck deposit, and change previously issued paychecks. Destroy 3 years after paying agency or payroll processor validates data, but longer retention is authorized if required for business use. Records are also retained under General Records Schedule 2.4, item 020, Tax withholding and adjustment documents. Destroy 4 years after superseded or obsolete, but longer retention is authorized if required for business use. Records are also retained under General Records Schedule 2.4, item 030, Time and attendance records. Destroy when 3 years old, but longer retention is authorized if required for business use. Records are also retained under General Records Schedule 2.4, item 040, Agency payroll record for each pay period. Destroy when 56 years old. Records are also retained under General Records Schedule 2.4, item 050, Wage and tax statements. Destroy when 4 years old, but longer retention is authorized if required for business use. Payroll program administrative records are retained under General Records Schedule 2.4, item 060, Administrative correspondence between agency and payroll processor, and system reports used for agency workload and or personnel management purposes, and item 61, Payroll system reports providing fiscal information on agency payroll. Destroy when 2 years old, but longer retention is authorized if required for business use (item 60). Destroy when 3 years old, but longer retention is authorized if required for business use (item 61).
                        <PRTPAGE P="12822"/>
                    </P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>Records are maintained in buildings where access is controlled by a security guard force. File folders, microfiche, tapes, and disks, including backup data, are maintained in secured locked rooms and file cabinets after working hours. All records are in areas where access is controlled by keycard and is limited to NRC and contractor personnel who need the information to perform their official duties. Access to computerized records requires use of proper passwords and user identification codes.</P>
                    <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals seeking to determine whether this system of records contains information about them should write to the Freedom of Information Act or Privacy Act Officer, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRC's Privacy Act regulations, 10 CFR part 9.</P>
                    <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THE SYSTEM:</HD>
                    <P>None.</P>
                    <HD SOURCE="HD2">DISCLOSURE TO CONSUMER REPORTING AGENCIES:</HD>
                    <P>
                        <E T="03">Disclosure pursuant to 5 U.S.C. 552a(b)(13):</E>
                    </P>
                    <P>Disclosures of information to a consumer reporting agency are not considered a routine use of records. Disclosures may be made from this system to “consumer reporting agencies” as defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f) (1970)) or the Federal Claims Collection Act of 1966, as amended (31 U.S.C. 3701(a)(3) (1996)).</P>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Case Management System—Indices, Files, and Associated Records—NRC 23.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
                    <P>Unclassified</P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>Primary system—NRC Data Center, 11555 Rockville Pike, Rockville, Maryland.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>For OI Records—Director, Office of Investigations, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
                    <P>For OE Records—Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.</P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>42 U.S.C. 2035(c); 42 U.S.C. 2201(c); and 42 U.S.C. 5841; 10 CFR 1.36; 10 CFR 1.33.</P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>NRC uses records and information collected and maintained in this system to receive and adjudicate allegations of violations of criminal, civil, and administrative laws and regulations relating to NRC licensees' and applicants' programs, operations, and employees, as well as contractors and other individuals and entities regulated by the NRC; monitor complaint and investigation assignments, status, disposition, and results; and manage investigations and information provided during the course of such investigations.</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>Individuals and entities referred to in potential or actual investigations and matters of concern to the Office of Investigations and correspondence on matters directed or referred to the Office of Investigations.</P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>Agency case files, memoranda, and materials including, but not limited to, investigative reports, confidential source information, correspondence to and from the agency, fiscal data, legal papers, evidence, exhibits, technical data, investigative data, internal data, work papers, audio files, and management information data.</P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>Information is obtained from sources including, but not limited to, NRC officials, employees, and licensees; Federal, State, local, and foreign agencies; and other persons.</P>
                    <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:</HD>
                    <P>In addition to the other types of disclosures permitted under subsection (b) of the Privacy Act, the NRC may disclose information contained in this system of records without the consent of the persons or entities mentioned therein if the disclosure is compatible with the purpose for which the record was collected under the following routine uses:</P>
                    <P>a. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency or to an individual or organization if the disclosure is reasonably necessary to elicit information or to obtain the cooperation of a witness or an informant;</P>
                    <P>b. A record relating to an investigation or matter falling within the purview of the Office of Investigations may be disclosed as a routine use to the referring agency, group, organization, or individual;</P>
                    <P>c. A record relating to an individual held in custody pending arraignment, trial, or sentence, or after conviction, may be disclosed as a routine use to a Federal, State, local, or foreign prison, probation, parole, or pardon authority, to any agency or individual concerned with the maintenance, transportation, or release of such an individual;</P>
                    <P>d. A record in the system of records relating to an investigation or matter may be disclosed as a routine use to a foreign country under an international treaty or agreement;</P>
                    <P>e. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign law enforcement agency to assist in the general crime prevention and detection efforts of the recipient agency or to provide investigative leads to the agency;</P>
                    <P>f. A record from this system of records which indicates a violation of civil or criminal law, regulation or order may be referred as a routine use to a Federal, State, local or foreign agency that has authority to investigate, enforce, implement or prosecute such laws. Further, a record from this system of records may be disclosed for civil or criminal law or regulatory enforcement purposes to another agency in response to a written request from that agency's head or an official who has been delegated such authority;</P>
                    <P>g. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency to obtain information relevant to an NRC decision concerning hiring or retaining an employee, letting a contract, or issuing a security clearance, license, grantor other benefit;</P>
                    <P>h. A record from this system of records may be disclosed as a routine use to a Federal, State, local, or foreign agency requesting a record that is relevant and necessary to its decision on a matter of hiring or retaining an employee, issuing a security clearance, reporting an investigation of an employee, letting a contract, or issuing a license, grant, or other benefit;</P>
                    <P>
                        i. A record from this system of records may be disclosed as a routine use in the course of discovery; in presenting evidence to a court, magistrate, administrative tribunal, or grand jury or pursuant to a qualifying order from any of those; in alternative dispute 
                        <PRTPAGE P="12823"/>
                        resolution proceedings, such as arbitration or mediation; or in the course of settlement negotiations;
                    </P>
                    <P>j. A record from this system of records may be disclosed as a routine use to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual;</P>
                    <P>k. A record from this system of records may be disclosed as a routine use to NRC- paid experts or consultants, and those under contract with the NRC on a “need-to-know” basis for a purpose within the scope of the pertinent NRC task. This access will be granted to an NRC contractor or employee of such contractor by a system manager only after satisfactory justification has been provided to the system manager;</P>
                    <P>l. A record from this system of records may be disclosed as a routine use to appropriate agencies, entities, and persons when (1) NRC suspects or has confirmed that there has been a breach of the system of records, (2) NRC has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, NRC (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 NRC efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm; and</P>
                    <P>m. A record from this system of records may be disclosed as a routine use to another Federal agency or Federal entity, when the NRC 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.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>Information maintained on paper and/or electronic records, photographs, audio/video tapes, and electronic media.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>Information retrieved by document text and/or case number/allegation number.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>Records for this system are scheduled using NRC's NUREG 0910 Revision 4 and the National Archives and Records Administration's approved scheduled N1-431-01-001 for the Office of Investigations.</P>
                    <P>Official investigation cases created by field investigator, all records/documents will be uploaded electronically into the OI Case Management system (or another electronic system designated at that time) and are considered official OI records. The selected records for permanent retention are scheduled under NUREG 0910, Revision 4, 2.16.4.a (GRS 5.2, item 020). Cut off files when case is closed. Create electronic record on the day created or received or as soon as practical and upload appropriate official files in the system.</P>
                    <P>Allegation Case Files, per NARA Approved Citation, N1-431-00-8, Item 1.d, Cut off files upon final resolution of allegation. Retain in the Office of Enforcement (OE) for 2 years or until no longer needed for current activities. Destroy 10 years after cut off. Working copies can be destroyed upon final resolution of allegations, based on GRS 5.2 Item 020, Intermediary Records.</P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>Hard copy files maintained in approved security containers and locking filing cabinets. All records are under visual control during duty hours and are available only to authorized personnel who have a need to know and whose duties require access to the information. The electronic management information system is operated within the NRC's secure LAN/WAN system. Access rights to the system only available to authorized personnel.</P>
                    <HD SOURCE="HD2">RECORDS ACCESS PROCEDURES:</HD>
                    <P>Same as “Notification procedures.” Information classified under Executive Order 12958 will not be disclosed. Information received in confidence will be maintained consistent with the Inspector General Act, 5 U.S.C. 401-424; NRC Management Directive 8.8, “Management of Allegations”; and the NRC's Policy Statement on Protecting the Identify of Allegers and Confidential Sources, 61 FR 25924 (May 23, 1996).</P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>Same as “Notification procedures.”</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals seeking to determine whether this system of records contains information about them should write to the Freedom of Information Act or Privacy Act Officer, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and comply with the procedures contained in NRC's Privacy Act regulations, 10 CFR part 9.</P>
                    <HD SOURCE="HD2">EXEMPTIONS CLAIMED FOR THE SYSTEM:</HD>
                    <P>Pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and (k)(6), the Commission has exempted portions of this system of records from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).</P>
                    <HD SOURCE="HD1">Addendum I—List of U.S. Nuclear Regulatory Commission Locations</HD>
                    <HD SOURCE="HD2">Part 1—NRC Headquarters Offices</HD>
                    <P>1. One White Flint North, 11555 Rockville Pike, Rockville, Maryland.</P>
                    <P>2. Two White Flint North, 11545 Rockville Pike, Rockville, Maryland.</P>
                    <P>3. Three White Flint North, 11601 Landsdown Street, North Bethesda, MD.</P>
                    <HD SOURCE="HD2">Part 2—NRC Regional Offices</HD>
                    <P>1. NRC Region I, 475 Allendale Road, Suite 102, King of Prussia, Pennsylvania.</P>
                    <P>2. NRC Region II, Marquis One Tower, 245 Peachtree Center Avenue NE, Suite 1200, Atlanta, Georgia.</P>
                    <P>3. NRC Region III, 2056 Westings Ave., Suite 400, Naperville, Illinois.</P>
                    <P>4. NRC Region IV, 1600 East Lamar Boulevard, Arlington, Texas.</P>
                    <P>5. NRC Technical Training Center, Osborne Office Center, 5746 Marlin Road, Suite 200, Chattanooga, Tennessee.</P>
                </PRIACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04580 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">POSTAL REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[Docket Nos. MC2025-1218 and K2025-1217; MC2025-1221 and K2025-1220; MC2025-1222 and K2025-1221]</DEPDOC>
                <SUBJECT>New Postal Products</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Postal Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Commission is noticing a recent Postal Service filing for the Commission's consideration concerning a negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Comments are due:</E>
                         March 21, 2025.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Submit comments electronically via the Commission's Filing Online system at 
                        <E T="03">https://www.prc.gov.</E>
                         Those who cannot submit comments electronically should contact the person identified in the 
                        <E T="02">
                            FOR FURTHER 
                            <PRTPAGE P="12824"/>
                            INFORMATION CONTACT
                        </E>
                         section by telephone for advice on filing alternatives.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>David A. Trissell, General Counsel, at 202-789-6820.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Table of Contents</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. Introduction</FP>
                    <FP SOURCE="FP-2">II. Public Proceeding(s)</FP>
                    <FP SOURCE="FP-2">III. Summary Proceeding(s)</FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. Introduction</HD>
                <P>Pursuant to 39 CFR 3041.405, the Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to Competitive negotiated service agreement(s). The request(s) may propose the addition of a negotiated service agreement from the Competitive product list or the modification of an existing product currently appearing on the Competitive product list.</P>
                <P>
                    The public portions of the Postal Service's request(s) can be accessed via the Commission's website (
                    <E T="03">https://www.prc.gov</E>
                    ). Non-public portions of the Postal Service's request(s), if any, can be accessed through compliance with the requirements of 39 CFR 3011.301.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See</E>
                         Docket No. RM2018-3, Order Adopting Final Rules Relating to Non-Public Information, June 27, 2018, Attachment A at 19-22 (Order No. 4679).
                    </P>
                </FTNT>
                <P>Section II identifies the docket number(s) associated with each Postal Service request, if any, that will be reviewed in a public proceeding as defined by 39 CFR 3010.101(p), the title of each such request, the request's acceptance date, and the authority cited by the Postal Service for each request. For each such request, the Commission appoints an officer of the Commission to represent the interests of the general public in the proceeding, pursuant to 39 U.S.C. 505 and 39 CFR 3000.114 (Public Representative). Section II also establishes comment deadline(s) pertaining to each such request.</P>
                <P>The Commission invites comments on whether the Postal Service's request(s) identified in Section II, if any, are consistent with the policies of title 39. Applicable statutory and regulatory requirements include 39 U.S.C. 3632, 39 U.S.C. 3633, 39 U.S.C. 3642, 39 CFR part 3035, and 39 CFR part 3041. Comment deadline(s) for each such request, if any, appear in Section II.</P>
                <P>
                    Section III identifies the docket number(s) associated with each Postal Service request, if any, to add a standardized distinct product to the Competitive product list or to amend a standardized distinct product, the title of each such request, the request's acceptance date, and the authority cited by the Postal Service for each request. Standardized distinct products are negotiated service agreements that are variations of one or more Competitive products, and for which financial models, minimum rates, and classification criteria have undergone advance Commission review. 
                    <E T="03">See</E>
                     39 CFR 3041.110(n); 39 CFR 3041.205(a). Such requests are reviewed in summary proceedings pursuant to 39 CFR 3041.325(c)(2) and 39 CFR 3041.505(f)(1). Pursuant to 39 CFR 3041.405(c)-(d), the Commission does not appoint a Public Representative or request public comment in proceedings to review such requests.
                </P>
                <HD SOURCE="HD1">II. Public Proceeding(s)</HD>
                <P>
                    1. 
                    <E T="03">Docket No(s).:</E>
                     MC2025-1218 and K2025-1217; 
                    <E T="03">Filing Title:</E>
                     USPS Request to Add Priority Mail Express International, Priority Mail International &amp; First-Class Package International Service Contract 58 to Competitive Product List and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     March 13, 2025; 
                    <E T="03">Filing Authority:</E>
                     39 U.S.C. 3642, 39 CFR 3035.105, and 39 CFR 3041.310; 
                    <E T="03">Public Representative:</E>
                     Katalin Clendenin; 
                    <E T="03">Comments Due:</E>
                     March 21, 2025.
                </P>
                <P>
                    2. 
                    <E T="03">Docket No(s).:</E>
                     MC2025-1221 and K2025-1220; 
                    <E T="03">Filing Title:</E>
                     USPS Request to Add Priority Mail Express International, Priority Mail International &amp; First-Class Package International Service Contract 59 to Competitive Product List and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     March 13, 2025; 
                    <E T="03">Filing Authority:</E>
                     39 U.S.C. 3642, 39 CFR 3035.105, and 39 CFR 3041.310; 
                    <E T="03">Public Representative:</E>
                     Samuel Robinson; 
                    <E T="03">Comments Due:</E>
                     March 21, 2025.
                </P>
                <P>
                    3. 
                    <E T="03">Docket No(s).:</E>
                     MC2025-1222 and K2025-1221; 
                    <E T="03">Filing Title:</E>
                     USPS Request to Add Priority Mail Express International, Priority Mail International &amp; First-Class Package International Service Contract 60 to Competitive Product List and Notice of Filing Materials Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     March 13, 2025; 
                    <E T="03">Filing Authority:</E>
                     39 U.S.C. 3642, 39 CFR 3035.105, and 39 CFR 3041.310; 
                    <E T="03">Public Representative:</E>
                     Maxine Bradley; 
                    <E T="03">Comments Due:</E>
                     March 21, 2025.
                </P>
                <HD SOURCE="HD1">III. Summary Proceeding(s)</HD>
                <P>
                    None. 
                    <E T="03">See</E>
                     Section II for public proceedings.
                </P>
                <P>
                    This Notice will be published in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Erica A. Barker,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04621 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-FW-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102651; File No. SR-CboeBZX-2025-039]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing of a Proposed Rule Change To List and Trade Shares of the Franklin Solana ETF Under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 12, 2025, Cboe BZX Exchange, Inc. (“Exchange” or “BZX”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    Cboe BZX Exchange, Inc. (“BZX” or the “Exchange”) is filing with the Securities and Exchange Commission (“Commission” or “SEC”) a proposed rule change to list and trade shares of the Franklin Solana ETF (the “Fund”), a series of the Franklin Solana Trust (the “Trust”),
                    <SU>3</SU>
                    <FTREF/>
                     under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The Trust was formed as a Delaware statutory trust on February 10, 2025. The Fund is operated as a grantor trust for U.S. federal tax purposes. The Trust and the Fund have no fixed termination date.
                    </P>
                </FTNT>
                <P>
                    The text of the proposed rule change is also available on the Exchange's website (
                    <E T="03">http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/</E>
                    ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>
                    In its filing with the Commission, the Exchange included statements 
                    <PRTPAGE P="12825"/>
                    concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.
                </P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange proposes to list and trade the Shares under BZX Rule 14.11(e)(4),
                    <SU>4</SU>
                    <FTREF/>
                     which governs the listing and trading of Commodity-Based Trust Shares on the Exchange.
                    <SU>5</SU>
                    <FTREF/>
                     Franklin Holdings, LLC is the sponsor of the Fund (the “Sponsor”). The Shares will be registered with the Commission by means of the Trust's registration statement on Form S-1 (the “Registration Statement”).
                    <SU>6</SU>
                    <FTREF/>
                     According to the Registration Statement, the Trust is neither an investment company registered under the Investment Company Act of 1940, as amended (the “1940 Act”),
                    <SU>7</SU>
                    <FTREF/>
                     nor a commodity pool for purposes of the Commodity Exchange Act (“CEA”), and neither the Trust, the Fund nor the Sponsor is subject to regulation as a commodity pool operator or a commodity trading adviser in connection with the Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The Commission approved BZX Rule 14.11(e)(4) in Securities Exchange Act Release No. 65225 (August 30, 2011), 76 FR 55148 (September 6, 2011) (SR-BATS-2011-018).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Any of the statements or representations regarding the index composition, the description of the portfolio or reference assets, limitations on portfolio holdings or reference assets, dissemination and availability of index, reference asset, and intraday indicative values, or the applicability of Exchange listing rules specified in this filing to list a series of Other Securities (collectively, “Continued Listing Representations”) shall constitute continued listing requirements for the Shares listed on the Exchange.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         On February 21, 2025, the Trust filed with the Commission the Registration Statement on Form S-1, submitted to the Commission by the Sponsor on behalf of the Trust (333-285121). The descriptions of the Trust, the Fund, the Shares, and the Index (as defined below) contained herein are based, in part, on information in the Registration Statement. The Registration Statement is not yet effective, and the Shares will not trade on the Exchange until such time that the Registration Statement is effective.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         15 U.S.C. 80a-1.
                    </P>
                </FTNT>
                <P>
                    Since 2017, the Commission has approved or disapproved exchange filings to list and trade series of Trust Issued Receipts, including spot-based Commodity-Based Trust Shares, on the basis of whether the listing exchange has in place a comprehensive surveillance sharing agreement with a regulated market of significant size related to the underlying commodity to be held (the “Winklevoss Test”).
                    <SU>8</SU>
                    <FTREF/>
                     The Commission has also consistently recognized, however, that this is not the 
                    <E T="03">exclusive</E>
                     means by which an ETP listing exchange can meet this statutory obligation.
                    <SU>9</SU>
                    <FTREF/>
                     A listing exchange could, alternatively, demonstrate that “other means to prevent fraudulent and manipulative acts and practices will be sufficient” to justify dispensing with a surveillance-sharing agreement with a regulated market of significant size.
                    <SU>10</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release Nos. 78262 (July 8, 2016), 81 FR 78262 (July 14. 2016) (the “Winklevoss Proposal”). The Winklevoss Proposal was the first exchange rule filing proposing to list and trade shares of an ETP that would hold spot bitcoin (a “Spot Bitcoin ETP”). It was subsequently disapproved by the Commission. 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 83723 (July 26, 2018), 83 FR 37579 (August 1, 2018) (the “Winklevoss Order”); 99306 (January 10, 2024), 89 FR 3008 (January 17, 2024) (Self-Regulatory Organizations; NYSE Arca, Inc.; The Nasdaq Stock Market LLC; Cboe BZX Exchange, Inc.; Order Granting Accelerated Approval of Proposed Rule Changes, as Modified by Amendments Thereto, To List and Trade Bitcoin-Based Commodity-Based Trust Shares and Trust Units) (the “Spot Bitcoin ETP Approval Order”); 100224 (May 23, 2024), 89 FR 46937 (May 30, 2024) (Self-Regulatory Organizations; NYSE Arca, Inc.; The Nasdaq Stock Market LLC; Cboe BZX Exchange, Inc.; Order Granting Accelerated Approval of Proposed Rule Changes, as Modified by Amendments Thereto, To List and Trade Shares of Ether-Based Exchange-Traded Products) (the “Spot ETH ETP Approval Order”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Winklevoss Order, 83 FR at 37580; 
                        <E T="03">see</E>
                         Spot Bitcoin ETP Approval Order, 89 FR at 3009; 
                        <E T="03">see</E>
                         Spot ETH ETP Approval Order 89 FR at 46938.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         The Exchange notes that that the Winklevoss Test was first applied in 2017 in the Winklevoss Order, which was the first disapproval order related to an exchange proposal to list and trade a Spot Bitcoin ETP. All prior approval orders issued by the Commission approving the listing and trading of series of Trust Issued Receipts included no specific analysis related to a “regulated market of significant size.”In the Winklevoss Order and the Commission's prior orders approving the listing and trading of series of Trust Issued Receipts have noted that the spot commodities and currency markets for which it has previously approved spot ETPs are generally unregulated and that the Commission relied on the underlying futures market as the regulated market of significant size that formed the basis for approving the series of Currency and Commodity-Based Trust Shares, including gold, silver, platinum, palladium, copper, and other commodities and currencies. The Commission specifically noted in the Winklevoss Order that the approval order issued related to the first spot gold ETP “was based on an assumption that the currency market and the spot gold market were largely unregulated.” 
                        <E T="03">See</E>
                         Winklevoss Order at 37592. As such, the regulated market of significant size test does not require that the spot market be regulated in order for the Commission to approve this proposal, and precedent makes clear that an underlying market for a spot commodity or currency being a regulated market would actually be an exception to the norm. These largely unregulated currency and commodity markets do not provide the same protections as the markets that are subject to the Commission's oversight, but the Commission has consistently looked to surveillance sharing agreements with the underlying futures market in order to determine whether such products were consistent with the Act.
                    </P>
                </FTNT>
                <P>The Commission recently issued orders granting approval for proposals to list bitcoin- and ether-based commodity trust shares and bitcoin-based, ether-based, and a combination of bitcoin- and ether-based trust issued receipts (these proposed funds are nearly identical to the Fund, but proposed to hold bitcoin and/or ether, respectively, instead of Solana (also referred to as “SOL”)) (“Spot Bitcoin ETPs” and “Spot ETH ETPs”). In both the Spot Bitcoin ETP Approval Order and Spot ETH ETP Approval Order, the Commission found that sufficient “other means” of preventing fraud and manipulation had been demonstrated that justified dispensing with a surveillance-sharing agreement with a regulated market of significant size. Specifically, the Commission found that while the Chicago Mercantile Exchange (“CME”) futures market for both bitcoin and ether were not of “significant size” related to the spot market, the Exchange demonstrated that other means could be reasonably expected to assist in surveilling for fraudulent and manipulative acts and practices in the specific context of the proposals.</P>
                <P>As further discussed below, both the Exchange and the Sponsor believe that this proposal and the included analysis are sufficient to establish that the proposal is consistent with the Act itself and, additionally, that there are sufficient “other means” of preventing fraud and manipulation that warrant dispensing of the surveillance-sharing agreement with a regulated market of significant size, as was done with both Spot Bitcoin ETPs and Spot ETH ETPs, and that this proposal should be approved.</P>
                <HD SOURCE="HD3">Background</HD>
                <P>
                    SOL is a digital asset that is created and transmitted through the operations of the peer-to-peer Solana Network, a decentralized network of computers that operates on cryptographic protocols. No single entity is known to own or operate the Solana Network, the infrastructure of which is understood to be collectively maintained by a decentralized user base. The Solana Network allows people to exchange tokens of value, called SOL, which are recorded on a public transaction ledger known as a blockchain. SOL can be used to pay for goods and services, including computational power on the Solana Network, or it can be converted to fiat currencies, such as the U.S. dollar, at rates determined on Digital 
                    <PRTPAGE P="12826"/>
                    Asset Trading Platforms or in individual end-user- to-end-user transactions under a barter system. Furthermore, the Solana Network was designed to allow users to write and implement smart contracts—that is, general-purpose code that executes on every computer in the network and can instruct the transmission of information and value based on a sophisticated set of logical conditions. Using smart contracts, users can create markets, store registries of debts or promises, represent the ownership of property, move funds in accordance with conditional instructions and create digital assets other than SOL on the Solana Network. Smart contract operations are executed on the Solana blockchain in exchange for payment of SOL. Like the Ethereum network, the Solana Network is one of a number of projects intended to expand blockchain use beyond just a peer-to-peer money system.
                </P>
                <P>The Solana protocol introduced the Proof-of-History (“PoH”) timestamping mechanism. PoH automatically orders on-chain transactions by creating a historical record that proves an event has occurred at a specific moment in time. PoH is intended to provide a transaction processing speed and capacity advantage over other blockchain networks like Bitcoin and Ethereum, which rely on sequential production of blocks and can lead to delays caused by validator confirmations. PoH is a new blockchain technology that is not widely used. PoH may not function as intended. For example, it may require more specialized equipment to participate in the network and fail to attract a significant number of users, or may be subject to outages or fail to function as intended. In addition, there may be flaws in the cryptography underlying PoH, including flaws that affect functionality of the Solana Network or make the network vulnerable to attack.</P>
                <P>In addition to the PoH mechanism described above, the Solana Network uses a proof-of-stake consensus mechanism to incentivize SOL holders to validate transactions. Unlike proof-of-work, in which miners expend computational resources to compete to validate transactions and are rewarded coins in proportion to the amount of computational resources expended, in proof-of-stake, validators risk or “stake” coins to compete to be randomly selected to validate transactions and are rewarded coins in proportion to the amount of coins staked. Any malicious activity, such as disagreeing with the eventual consensus or otherwise violating protocol rules, results in the forfeiture or “slashing” of a portion of the staked coins. Proof- of-stake is viewed as more energy efficient and scalable than proof-of-work and is sometimes referred to as “virtual mining”.</P>
                <P>The Solana protocol was first conceived by Anatoly Yakovenko in a 2017 whitepaper. Development of the Solana Network is overseen by the Solana Foundation, a Swiss non-profit organization, and Solana Labs, Inc., a Delaware corporation, which administered the original network launch and token distribution.</P>
                <P>Although Solana Labs, Inc. and the Solana Foundation continue to exert significant influence over the direction of the development of Solana, the Solana Network, like the Ethereum network, is believed to be decentralized and does not require governmental authorities or financial institution intermediaries to create, transmit or determine the value of SOL.</P>
                <P>As noted above, this proposal is to list and trade shares of the Fund that would hold spot Solana. Neither the Trust, Fund, nor the Sponsor or any of their affiliates are affiliates of Solana Labs, Inc., the Solana Foundation, or any of their respective affiliates.</P>
                <P>
                    In light of these factors and consistent with applicable legal precedent, particularly as applied in SEC v. Ripple Labs, the Sponsor believes that it is applying the proper legal standards in making a good faith determination that it believes that SOL is not under these circumstances a security under federal law in light of the uncertainties inherent in applying the 
                    <E T="03">Howey</E>
                     and 
                    <E T="03">Reves</E>
                     tests.
                    <SU>11</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                          
                        <E T="03">SEC</E>
                         v. 
                        <E T="03">Ripple Labs,</E>
                         2023 WL 4507900 at 15, (S.D.N.Y. July 13, 2023) (“(XRP, as a digital token, is not in and of itself a `contract, transaction[,] or scheme' that embodies the Howey requirements of an investment contract.)”) and 23 (“Ripple's Programmatic Sales were blind bid/ask transactions, and Programmatic Buyers could not have known if their payments of money went to Ripple, or any other seller of XRP. Since 2017, Ripple's Programmatic Sales represented less than 1% of the global XRP trading volume. Therefore, the vast majority of individuals who purchased XRP from digital asset exchanges did not invest their money in Ripple at all. An Institutional Buyer knowingly purchased XRP directly from Ripple pursuant to a contract, but the economic reality is that a Programmatic Buyer stood in the same shoes as a secondary market purchaser who did not know to whom or what it was paying its money.”) The Court specifically notes that the question of whether secondary market sales of XRP constitute offers and sales of investment contracts because it was not before the Court and therefore was not addressed. However, the general logic applied above in the Court's finding that an investment contract did not exist seems to similarly indicate that purchases and sales on the secondary market where the purchaser “did not know to whom or what it was paying its money” would also not constitute an investment contract.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Section 6(b)(5) and the Applicable Standards</HD>
                <P>
                    The Commission has approved numerous series of Trust Issued Receipts,
                    <SU>12</SU>
                    <FTREF/>
                     including Commodity-Based Trust Shares,
                    <SU>13</SU>
                    <FTREF/>
                     to be listed on U.S. national securities exchanges. In order for any proposed rule change from an exchange to be approved, the Commission must determine that, among other things, the proposal is consistent with the requirements of Section 6(b)(5) of the Act, specifically including: (i) the requirement that a national securities exchange's rules are designed to prevent fraudulent and manipulative acts and practices; 
                    <SU>14</SU>
                    <FTREF/>
                     and (ii) the requirement that an exchange proposal be designed, in general, to protect investors and the public interest. The Exchange believes that this proposal is consistent with the requirements of Section 6(b)(5) of the Act and that this filing sufficiently demonstrates that potential policy concerns under the Act are sufficiently mitigated to the point that they are outweighed by quantifiable investor protection issues that would be resolved by approving this proposal.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 14.11(f).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         Commodity-Based Trust Shares, as described in Exchange Rule 14.11(e)(4), are a type of Trust Issued Receipt.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         Much like bitcoin and ether, the Exchange believes that SOL is resistant to price manipulation and that “other means to prevent fraudulent and manipulative acts and practices” exist to justify dispensing with the requisite surveillance sharing agreement. The geographically diverse and continuous nature of SOL trading render it difficult and prohibitively costly to manipulate the price of SOL. The fragmentation across platforms and the capital necessary to maintain a significant presence on each trading platform make manipulation of SOL prices through continuous trading activity challenging. To the extent that there are trading platforms engaged in or allowing wash trading or other activity intended to manipulate the price of SOL on other markets, such pricing does not normally impact prices on other trading platforms because participants will generally ignore markets with quotes that they deem non-executable. Moreover, the linkage between SOL markets and the presence of arbitrageurs in those markets means that the manipulation of the price of SOL on any single venue would require manipulation of the global SOL price in order to be effective. Arbitrageurs must have funds distributed across multiple trading platforms in order to take advantage of temporary price dislocations, thereby making it unlikely that there will be strong concentration of funds on any particular trading platforms or OTC platform. Further, the speed and relatively inexpensive nature of transactions on the Solana network allow arbitrageurs to quickly move capital between trading platforms where price dislocations may occur. As a result, the potential for manipulation on a trading platform would require overcoming the liquidity supply of such arbitrageurs who are effectively eliminating any cross-market pricing differences.
                    </P>
                </FTNT>
                <P>
                    More recently, the Commission has applied the Winklevoss Test while also recognizing that the “regulated market 
                    <PRTPAGE P="12827"/>
                    of significant size” standard is not the only means for satisfying Section 6(b)(5) of the Act. In the specifically providing that a listing exchange could demonstrate that “other means to prevent fraudulent and manipulative acts and practices” are sufficient to justify dispensing with the requisite surveillance-sharing agreement.
                    <SU>15</SU>
                    <FTREF/>
                     While there is currently no futures market for SOL, in the Spot Bitcoin ETF Approval Order and Spot ETH ETF Approval Order the Commission determined that the CME bitcoin futures market and CME ether futures market, respectively, were not of “significant size” related to the spot market. Instead, the Commission found that sufficient “other means” of preventing fraud and manipulation had been demonstrated that justified dispensing with a surveillance-sharing agreement with a regulated market of significant size. The Exchange and Sponsor believe that this proposal provides for other means of preventing fraud and manipulation justify dispensing with a surveillance-sharing agreement with a regulated market of significant size.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Winklevoss Order at 37580. The Commission has also specifically noted that it “is not applying a `cannot be manipulated' standard; instead, the Commission is examining whether the proposal meets the requirements of the Exchange Act and, pursuant to its Rules of Practice, places the burden on the listing exchange to demonstrate the validity of its contentions and to establish that the requirements of the Exchange Act have been met.” 
                        <E T="03">Id.</E>
                         at 37582.
                    </P>
                </FTNT>
                <P>Over the past several years, U.S. investor exposure to SOL, through OTC SOL Funds and digital asset trading platforms, has grown into billions of dollars with a fully diluted market cap of greater than $150 billion. The Exchange believes that approving this proposal (and comparable proposals) provides the Commission with the opportunity to allow U.S. investors with access to SOL in a regulated and transparent exchange-traded vehicle that would act to limit risk to U.S. investors by: (i) reducing premium and discount volatility; (ii) reducing management fees through meaningful competition; and (iii) providing an alternative to custodying spot SOL.</P>
                <P>The policy concerns that the Exchange Act is designed to address are also otherwise mitigated by the fact that the size of the market for the underlying reference asset (approximately $150 billion fully diluted value). The geographically diverse and continuous nature of SOL trading makes it difficult and prohibitively costly to manipulate the price of SOL and, in many instances, the SOL market can be less susceptible to manipulation than the equity, fixed income, and commodity futures markets. There are a number of reasons this is the case, including that there is not inside information about revenue, earnings, corporate activities, or sources of supply; manipulation of the price on any single venue would require manipulation of the global SOL price in order to be effective; a substantial over-the-counter market provides liquidity and shock-absorbing capacity; SOL's 24/7/365 nature provides constant arbitrage opportunities across all trading venues; and it is unlikely that any one actor could obtain a dominant market share.</P>
                <P>Further, SOL is arguably less susceptible to manipulation than other commodities that underlie ETPs; there may be inside information relating to the supply of the physical commodity such as the discovery of new sources of supply or significant disruptions at mining facilities that supply the commodity that simply are inapplicable as it relates to certain cryptoassets, including SOL. Further, the Exchange believes that the fragmentation across SOL trading platforms and increased adoption of SOL, as displayed through increased user engagement and trading volumes on the Solana Network, make manipulation of SOL prices through continuous trading activity unlikely. Moreover, the linkage between the SOL markets and the presence of arbitrageurs in those markets means that the manipulation of the price of SOL price on any single venue would require manipulation of the global SOL price in order to be effective. Arbitrageurs must have funds distributed across multiple SOL trading platforms in order to take advantage of temporary price dislocations, thereby making it unlikely that there will be strong concentration of funds on any particular SOL trading platform. As a result, the potential for manipulation on a particular SOL trading platform would require overcoming the liquidity supply of such arbitrageurs who are effectively eliminating any cross-market pricing differences. For all of these reasons, SOL is not particularly susceptible to manipulation, especially as compared to other approved ETP reference assets.</P>
                <P>The Exchange also believes this proposal is designed to remove impediments to and perfect the mechanism of a free and open market and, in general, to protect investors and the public interest because it would allow the Fund to stake its SOL on behalf of its investors. The Solana Network allows for staking of its native asset, SOL tokens, and permits validators who successfully stake SOL to receive rewards in the form of more SOL tokens. The net beneficiaries are not only validators, or those on behalf of whom they stake SOL, but also the Solana blockchain itself which grows and is progressively made more secure through the validation of transactions. Staking permits validators to contribute to the network by staking their tokens to secure the blockchain, facilitating the creation of blocks, and helping process transactions. Validators are compensated for fulfilling this important role through transaction fees and consensus rewards paid by the blockchain itself.</P>
                <P>Staking through mechanisms such as “point-and-click” staking can also permit the earning of rewards without certain additional risks to the tokens held by the Solana Custodian on behalf of the Fund. As such, not staking the Fund's SOL would amount to waiving the Fund's right to free additional SOL, an act analogous to an equity ETP refusing dividends from the companies it holds. Allowing the Fund to stake its SOL would benefit investors and help the Fund to better track the returns associated with holding SOL. This would improve the creation and redemption process for both authorized participants and the Fund, increase efficiency, and ultimately benefit the end investors in the Fund.</P>
                <HD SOURCE="HD3">Franklin Solana ETF</HD>
                <P>
                    CSC Delaware Trust Company, a subsidiary of the Corporation Service Company, is the trustee (“Trustee”). A third party will be the administrator (“Administrator”) and transfer agent (“Transfer Agent”) and will be responsible for the custody of the Fund's cash and cash equivalents 
                    <SU>16</SU>
                    <FTREF/>
                     (the “Cash Custodian”). Coinbase Custody Trust Company, LLC (the “Solana Custodian”) will be responsible for custody of the Fund's SOL.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         Cash equivalents are short-term instruments with maturities of less than 3 months.
                    </P>
                </FTNT>
                <P>According to the Registration Statement, each Share will represent a fractional undivided beneficial interest in the Fund's net assets. The Fund's assets will only consist of SOL, cash, and cash equivalents.</P>
                <P>
                    According to the Registration Statement, the Trust will be neither an investment company registered under the 1940 Act,
                    <SU>17</SU>
                    <FTREF/>
                     nor a commodity pool for purposes of the CEA, and neither the Trust, the Fund nor the Sponsor is subject to regulation as a commodity pool operator or a commodity trading adviser in connection with the Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         15 U.S.C. 80a-1.
                    </P>
                </FTNT>
                <P>
                    The Fund will not acquire and will disclaim any incidental right (“IR”) or IR asset received, for example as a result of forks or airdrops, and such assets will 
                    <PRTPAGE P="12828"/>
                    not be taken into account for purposes of determining the Fund's net asset value (“NAV”).
                </P>
                <P>
                    When the Fund sells or redeems its Shares, it will do so in large blocks of 50,000 Shares (a “Creation Basket”) based on the quantity of SOL attributable to each Share (net of the accrued but unpaid Sponsor's fee and any accrued but unpaid expenses or liabilities). Creation Baskets are issued and redeemed in exchange for SOL and/or cash. For cash creations, authorized participants will deliver, or facilitate the delivery of, cash to the Fund's account with the Cash Custodian in exchange for Shares. Upon receipt of an approved cash creation order, the Sponsor, on behalf of the Fund, will submit to one or more previously onboarded trading partners an order to buy the amount of SOL represented by a Creation Basket.
                    <SU>18</SU>
                    <FTREF/>
                     For in-kind creations, authorized participants or their designee will deliver, or facilitate the delivery of, SOL to the Fund's account with the Solana Custodian in exchange for Shares.
                    <SU>19</SU>
                    <FTREF/>
                     Authorized participants may then offer Shares to the public at prices that depend on various factors, including the supply and demand for Shares, the value of the Fund's assets, and market conditions at the time of a transaction. Shareholders who buy or sell Shares during the day from their broker may do so at a premium or discount relative to the NAV per Share of the Fund.
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         For cash redemptions, the process will occur in the reverse order. Upon receipt of an approved cash redemption order, the Sponsor, on behalf of the Fund, will submit an order to sell the amount of SOL represented by a Creation Basket and the cash proceeds will be remitted to the authorized participant when the large block of Shares is received by the Transfer Agent.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         For in-kind redemptions, the process will occur in the reverse order. Upon receipt of an approved in-kind redemption order, the Sponsor, on behalf of the Fund, will transfer the amount of SOL represented by a Creation Basket to the authorized participant or its designee when the large block of Shares is received by the Transfer Agent.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Investment Objective</HD>
                <P>According to the Registration Statement and as further described below, the Fund's investment objective is to seek to reflect generally the performance of the price of SOL before payment of the Fund's expenses and liabilities. In seeking to achieve its investment objective, the Fund will hold only SOL, cash, and cash equivalents. The Fund will value its Shares daily as of 4:00 p.m. ET based on the value of the SOL held by the Fund as reflected by the Index, as described below. All of the Fund's SOL will be held by the Solana Custodian.</P>
                <HD SOURCE="HD3">The Index</HD>
                <P>As described in the Registration Statement, the Fund will value its Shares daily based on the value of SOL as reflected by the CME CF Solana-Dollar Reference Rate—New York Variant (the “Index”). The Index is calculated daily and aggregates the notional value of SOL trading activity across major spot SOL trading platforms. The administrator of the Index is CF Benchmarks Ltd. (the “Index Provider”).</P>
                <P>The Index serves as a once-a-day benchmark rate of the U.S. dollar price of Solana (USD/SOL), calculated as of 4:00 p.m. ET. The Index aggregates the trade flow of several SOL trading platforms, during an observation window between 3:00 p.m. and 4:00 p.m. ET into the U.S. dollar price of one SOL at 4:00 p.m. ET. Specifically, the Index is calculated based on the “Relevant Transactions” (as defined below) of all of its constituent SOL trading platforms, which are currently Coinbase, Kraken, and Gemini (the “Constituent Platforms”), as follows:</P>
                <P>• All Relevant Transactions are added to a joint list, recording the time of execution, trade price and size for each transaction.</P>
                <P>• The list is partitioned by timestamp into 12 equally-sized time intervals of 5 (five) minute length.</P>
                <P>
                    • For each partition separately, the volume-weighted median trade price is calculated from the trade prices and sizes of all Relevant Transactions, 
                    <E T="03">i.e.,</E>
                     across all Constituent Platforms. A volume-weighted median differs from a standard median in that a weighting factor, in this case trade size, is factored into the calculation.
                </P>
                <P>• The Index is then determined by the equally-weighted average of the volume medians of all partitions.</P>
                <P>The Constituent Platforms may change from time to time. The Index does not include any futures prices in its methodology. A “Relevant Transaction” is any cryptocurrency versus U.S. dollar spot trade that occurs during the observation window between 3:00 p.m. and 4:00 p.m. ET on a Constituent Platform in the SOL/USD pair that is reported and disseminated by a Constituent Platform through its publicly available Application Programming Interface (“API”) and observed by the Index Provider.</P>
                <P>The Sponsor believes that the use of the Index is reflective of a reasonable valuation of the average spot price of SOL and that resistance to manipulation is a priority aim of its design methodology. The methodology: (i) takes an observation period and divides it into equal partitions of time; (ii) then calculates the volume-weighted median of all transactions within each partition; and (iii) the value is determined from the arithmetic mean of the volume-weighted medians, equally weighted. By employing the foregoing steps, the Index thereby seeks to ensure that transactions in SOL conducted at outlying prices do not have an undue effect on the value of the Index, large trades or clusters of trades transacted over a short period of time will not have an undue influence on the Index value, and the effect of large trades at prices that deviate from the prevailing price are mitigated from having an undue influence on the Index value.</P>
                <P>In addition, the Sponsor notes that an oversight function is implemented by the Index Provider in seeking to ensure that the Index is administered through codified policies for Index integrity.</P>
                <P>
                    Index data and the description of the Index are based on information made publicly available by the Index Provider on its website at 
                    <E T="03">https://www.cfbenchmarks.com.</E>
                </P>
                <HD SOURCE="HD3">Net Asset Value</HD>
                <P>NAV means the total assets of the Fund (which includes SOL and cash and cash equivalents) less total liabilities of the Fund. The Administrator will determine the NAV of the Fund on each day that the Exchange is open for regular trading, as promptly as practical after 4:00 p.m. ET. The NAV of the Fund is the aggregate value of the Fund's assets less its estimated accrued but unpaid liabilities (which include accrued expenses). In determining the Fund's NAV, the Administrator values the SOL held by the Fund based on the Index as of 4:00 p.m. ET. The Administrator also determines the NAV per Share. The NAV for the Fund will be calculated by the Administrator once a day and will be disseminated daily to all market participants at the same time.</P>
                <P>
                    If the Index is not available or the Sponsor determines, in its sole discretion, that the Index should not be used, the Fund's holdings may be fair valued in accordance with the policy approved by the Sponsor.
                    <SU>20</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         Any alternative method will only be employed on an ad hoc basis. Any permanent change to the calculation of the NAV would require a proposed rule change under Rule 19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Availability of Information</HD>
                <P>
                    In addition to the price transparency of the Index, the Fund will provide information regarding the Fund's SOL holdings as well as additional data regarding the Fund. The website for the Fund, which will be publicly accessible 
                    <PRTPAGE P="12829"/>
                    at no charge, will contain the following information: (a) the current NAV per Share daily and the prior business day's NAV per Share and the reported BZX Official Closing Price; 
                    <SU>21</SU>
                    <FTREF/>
                     (b) the BZX Official Closing Price in relation to the NAV per Share as of the time the NAV is calculated and a calculation of the premium or discount of such price against such NAV per Share; (c) data in chart form displaying the frequency distribution of discounts and premiums of the BZX Official Closing Price against the NAV per Share, within appropriate ranges for each of the four previous calendar quarters (or for the life of the Fund, if shorter); (d) the prospectus; and (e) other applicable quantitative information. The aforementioned information will be published as of the close of business and be available on the Fund's website at 
                    <E T="03">https://www.franklintempleton.com/investments/options/exchange-traded-funds,</E>
                     or any successor thereto. The NAV for the Fund will be calculated by the Administrator once a day and will be disseminated daily to all market participants at the same time. Quotation and last-sale information regarding the Shares will be disseminated through the facilities of the Consolidated Tape Association (“CTA”). The Fund will also disseminate its holdings on a daily basis on its website.
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         As defined in Rule 11.23(a)(3), the term “BZX Official Closing Price” shall mean the price disseminated to the consolidated tape as the market center closing trade.
                    </P>
                </FTNT>
                <P>
                    The Intraday Indicative Value (“IIV”) will be calculated by using the prior day's closing NAV per Share as a base and updating that value during Regular Trading Hours 
                    <SU>22</SU>
                    <FTREF/>
                     to reflect changes in the value of the Fund's SOL holdings during the trading day, which is based on the CME CF Solana-Dollar Real Time Index. The IIV disseminated during Regular Trading Hours should not be viewed as an actual real-time update of the NAV, which will be calculated only once at the end of each trading day. The IIV will be widely disseminated on a per Share basis every 15 seconds during the Exchange's Regular Trading Hours through the facilities of the CTA and Consolidated Quotation System (“CQS”) high speed lines. In addition, the IIV will be available through online information services, such as Bloomberg and Reuters.
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         Regular Trading Hours is the time between 9:30 a.m. and 4:00 p.m. Eastern Time.
                    </P>
                </FTNT>
                <P>The price of SOL will be made available by one or more major market data vendors, updated at least every 15 seconds during Regular Trading Hours.</P>
                <P>
                    As noted above, the Index is calculated daily and aggregates the notional value of SOL trading activity across major spot SOL trading platforms. Index data, the Index value, and the description of the Index are based on information made publicly available by the Index Provider on its website 
                    <E T="03">https://www.cfbenchmarks.com.</E>
                </P>
                <P>Quotation and last sale information for SOL is widely disseminated through a variety of major market data vendors, including Bloomberg and Reuters. Information relating to trading, including price and volume information, in SOL is available from major market data vendors and from the trading platforms on which SOL are traded. Depth of book information is also available from SOL trading platforms. The normal trading hours for SOL trading platforms are 24 hours per day, 365 days per year.</P>
                <P>Information regarding market price and trading volume of the Shares will be continually available on a real-time basis throughout the day on brokers' computer screens and other electronic services. Information regarding the previous day's BZX Official Closing Price and trading volume information for the Shares will be published daily in the financial section of newspapers. Quotation and last-sale information regarding the Shares will be disseminated through the facilities of the CTA.</P>
                <HD SOURCE="HD3">The Solana Custodian</HD>
                <P>
                    The Solana Custodian carefully considers the design of the physical, operational and cryptographic systems for secure storage of the Fund's private keys in an effort to lower the risk of loss or theft. The Solana Custodian utilizes a variety of security measures to ensure that private keys necessary to transfer digital assets remain uncompromised and that the Fund maintains exclusive ownership of its assets. The Solana Custodian will keep the private keys associated with the Fund's SOL in “cold storage” 
                    <SU>23</SU>
                    <FTREF/>
                     (the “Cold Vault Balance”). The hardware, software, systems, and procedures of the Solana Custodian may not be available or cost-effective for many investors to access directly. Only specific individuals are authorized to participate in the custody process, and no individual acting alone will be able to access or use any of the private keys. In addition, no combination of the executive officers of the Sponsor, acting alone or together, will be able to access or use any of the private keys that hold the Fund's SOL.
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         The term “cold storage” refers to a safeguarding method by which the private keys corresponding to SOL stored on a digital wallet are removed from any computers actively connected to the internet. Cold storage of private keys may involve keeping such wallet on a non-networked computer or electronic device or storing the public key and private keys relating to the digital wallet on a storage device (for example, a USB thumb drive) or printed medium (for example, papyrus or paper) and deleting the digital wallet from all computers.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Staking</HD>
                <P>The Sponsor may, from time to time, stake a portion of the Fund's SOL on behalf of the Fund through one or more trusted staking providers, which may include the Solana Custodian, an affiliate of the Solana Custodian or an affiliate of the Sponsor (“Staking Providers”). In consideration for any staking activity in which the Fund may engage, the Fund would receive certain staking rewards of SOL tokens, which may be treated as income to the Fund.</P>
                <HD SOURCE="HD3">The Staking Process</HD>
                <P>The Solana Network uses a proof-of-stake consensus mechanism. Proof-of-stake is intended to address the perceived shortcomings of the proof-of-work consensus mechanism in terms of labor intensity and duplicative computational effort expended by validators (known under proof-of-work as “miners”). In a proof-of-work consensus mechanism, miners effectively compete to be the first in time to solve the cryptographic puzzle that would allow them to be the only validator permitted to validate the block and thus be the only ones to receive the resulting block reward. Miners who are not first in time (and thus are not permitted to be validators) will have effectively expended significant labor and computing power for no gain. In a proof-of-stake mechanism, by contrast, a single validator is randomly selected to solve the cryptographic puzzle needed to validate a block, which it proposes to a committee of other validators, who vote for whether to include the block (or not). This proof-of-stake system reduces the computational work performed—and energy expended—to validate each block compared to proof-of-work.</P>
                <P>
                    Unlike proof-of-work, in which miners expend computational resources to compete to validate transactions and are rewarded coins in proportion to the amount of computational resources expended, in proof-of-stake, validators risk or “stake” coins to compete to be randomly selected to validate transactions and are rewarded coins in proportion to the amount of coins staked. Any malicious activity, such as mining multiple blocks, disagreeing with the eventual consensus or otherwise violating protocol rules, results in the forfeiture or “slashing” of a portion of the staked coins. Proof-of-stake is viewed as more energy efficient and scalable than proof-of-work.
                    <PRTPAGE P="12830"/>
                </P>
                <P>New SOL is created as a result of the staking of SOL by validators. Validators are required to stake SOL in order to be selected to perform validation activities and then once selected, as a reward, they earn newly created SOL. Validation activities include verifying transactions, storing data, and adding to the Solana blockchain.</P>
                <P>To operate a node on the Solana blockchain, a validator must acquire and lock SOL by sending a special transaction to the staking contract. This transaction associates the staked SOL with a withdrawal address (to unlock the SOL and receive any staking rewards) and a validator address (to designate the validator node performing transaction verification).</P>
                <HD SOURCE="HD3">Staking by the Sponsor on Behalf of the Fund</HD>
                <P>
                    The Sponsor may, from time to time, stake a portion of the Fund's SOL on behalf of the Fund through one or more Staking Providers. The Sponsor expects to maintain sufficient liquidity in the Fund to satisfy redemptions. The SOL staked by the Sponsor on behalf of the Fund will consist exclusively of SOL owned by the Fund. The Sponsor's staking activities on behalf of the Fund will not constitute “delegated staking” and will not form part of a “staking as a service” offering.
                    <SU>24</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         
                        <E T="03">See SEC</E>
                         v. 
                        <E T="03">Payward Ventures, Inc. and Payward Trading, Ltd.,</E>
                         (Complaint filed February 9, 2023) available at 
                        <E T="03">https://www.sec.gov/files/litigation/complaints/2023/comp-pr2023-25.pdf.</E>
                         (In February 2023, the SEC charged and entered into a settlement order with Payward Ventures, Inc. and Payward Trading Ltd., both commonly known as Kraken, regarding Kraken's alleged failure to register the offer and sale of their crypto asset staking-as-a-service program, whereby investors transfer crypto assets to Kraken for staking in exchange for advertised annual investment returns of as much as 21 percent. According to the SEC's complaint, since 2019, Kraken has offered and sold its crypto asset “staking services” to the general public, whereby Kraken pools certain crypto assets transferred by investors and stakes them on behalf of those investors. According to the SEC, investors would lock up—or “stake”—their crypto tokens with Kraken with the goal of being rewarded with new tokens when their staked crypto tokens become part of the process for validating data for the blockchain. The complaint alleged that Kraken touted that its staking investment program offered an easy-to-use platform and benefits that derived from Kraken's efforts on behalf of investors, including Kraken's strategies to obtain regular investment returns and payouts.) 
                        <E T="03">See also SEC</E>
                         v. 
                        <E T="03">Binance Holdings Limited,</E>
                         et al., (Complaint filed June 5, 2023) available at 
                        <E T="03">https://www.sec.gov/files/litigation/complaints/2023/comp-pr2023-101.pdf.</E>
                         (On June 5, 2023, the SEC filed a complaint charging Binance Holdings Ltd. and certain of its affiliates with a variety of securities law violations, including operating a “staking-as-a-service” program. The SEC's complaint alleges, among other things, that BAM Trading violated Sections 5(a) and 5(c) of the Securities Act by offering and selling its staking program without a registration statement, and that BAM Trading's Staking Program was promoted “as a superior and much easier way to obtain staking rewards by, among other things, pooling the crypto assets of a large number of investors.”) 
                        <E T="03">See also SEC</E>
                         v. 
                        <E T="03">Coinbase, Inc. and Coinbase Global</E>
                         (Complaint filed June 6, 2023) available at 
                        <E T="03">https://www.sec.gov/files/litigation/complaints/2023/comp-pr2023-102.pdf.</E>
                         (On June 6, 2023, the SEC filed a complaint against Coinbase, Inc. and Coinbase Global in federal district court in the Southern District of New York, alleging, 
                        <E T="03">inter alia</E>
                         that Coinbase Inc. violated the Securities Act by failing to register with the SEC the offer and sale of its staking program. The SEC's complaint alleges that through the Coinbase staking program, investors' crypto assets are transferred to and pooled by Coinbase (segregated by asset), and subsequently “staked” (or committed) by Coinbase in exchange for rewards, which Coinbase distributes pro rata to investors after paying itself a 25-35% commission. The SEC also alleges that investors understand that Coinbase will expend efforts and leverage its experience and expertise to generate returns.)
                    </P>
                </FTNT>
                <P>As further discussed below, the Sponsor believes its activities in relation to staking the SOL held by the Fund on behalf of the Fund are materially different from the delegated staking and “staking as a service” activities that the SEC has alleged to involve securities offerings in violation of Section 5 of the Securities Act of 1933 (the “Securities Act”).</P>
                <P>First, the Sponsor will only stake the SOL held by the Fund. The Sponsor will not seek to pool the SOL held by the Fund with SOL held by other entities (although such pooling may occur at the level of a Staking Provider). Second, the Sponsor will not advertise itself as providing any staking services generally, or promise any specific level of return from staking, or solicit delegated stakes from entities other than the Fund. Third, the Sponsor has stated that it is staking the Fund's SOL solely in order to maximize the Fund's revenue generation opportunities, and to generate returns for the Fund's shareholders. Fourth, the Sponsor will not bear or subsidize the risk of slashing on behalf of the Fund.</P>
                <P>Staking by the Sponsor will not result in the SOL held by the Fund moving out of the custody of the Solana Custodian. In order to stake the Fund's SOL, the Sponsor will engage in what is known as “point-and-click staking.” Point-and-click staking involves an interface through which an entity can simply initiate staking by pointing and clicking on the SOL assets to be staked. This process does not involve the staked SOL leaving the wallet in which it is held and accordingly reduces the risk of loss of SOL through theft at the node while the asset is staked (although this process will not reduce the risk of loss of the SOL through slashing).</P>
                <HD SOURCE="HD3">Creation and Redemption of Shares</HD>
                <P>When the Fund sells or redeems its Shares, it will do so in Creation Baskets that are based on the quantity of SOL attributable to each Share (net of the accrued but unpaid Sponsor's fee and any accrued but unpaid expenses or liabilities). Creation Baskets are issued and redeemed in exchange for SOL and/or cash. According to the Registration Statement, on any business day, an authorized participant may place an order to create one or more Creation Baskets. Purchase orders for cash transaction Creation Baskets must be placed by 2:00 p.m. ET, or the close of regular trading on the Exchange, whichever is earlier. Purchase orders for in-kind transaction Creation Baskets must be placed by 4:00 p.m. ET, or the close of regular trading on the Exchange, whichever is earlier. The day on which an order is properly received is considered the purchase order date. For cash creations, the total deposit of cash required is based on the combined NAV of the number of Shares included in the Creation Baskets being created determined as of 4:00 p.m. ET on the purchase order date. The Administrator determines the quantity of SOL associated with a Creation Basket for a given day by dividing the number of SOL held by the Fund as of the opening of business on that business day, adjusted for the amount of SOL constituting estimated accrued but unpaid fees and expenses of the Fund as of the opening of business on that business day, by the quotient of the number of Shares outstanding at the opening of business divided by the number of Shares in a Creation Basket.</P>
                <P>The procedures by which an authorized participant can redeem one or more Creation Baskets mirror the procedures for the creation of Creation Baskets.</P>
                <P>The Sponsor (including its delegates) will maintain ownership and control of the Fund's SOL in a manner consistent with good delivery requirements for spot commodity transactions.</P>
                <HD SOURCE="HD3">Rule 14.11(e)(4)—Commodity-Based Trust Shares</HD>
                <P>
                    The Shares will be subject to BZX Rule 14.11(e)(4), which sets forth the initial and continued listing criteria applicable to Commodity-Based Trust Shares. The Exchange represents that, for initial and continued listing, the Fund must be in compliance with Rule 10A-3 under the Act. A minimum of 100,000 Shares will be outstanding at the commencement of listing on the Exchange. The Exchange will obtain a representation that the NAV will be calculated daily and that the NAV and information about the assets of the Fund will be made available to all market participants at the same time. The 
                    <PRTPAGE P="12831"/>
                    Exchange notes that, as defined in Rule 14.11(e)(4)(C)(i), the Shares will be: (a) issued by a trust that holds (1) a specified commodity 
                    <SU>25</SU>
                    <FTREF/>
                     deposited with the trust, or (2) a specified commodity and, in addition to such specified commodity, cash; (b) issued by such trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (c) when aggregated in the same specified minimum number, may be redeemed at a holder's request by such trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash.
                </P>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         For purposes of Rule 14.11(e)(4), the term commodity takes on the definition of the term as provided in the CEA.
                    </P>
                </FTNT>
                <P>
                    Upon termination of the Fund, the Shares will be removed from listing. The Trustee is a trust company having substantial capital and surplus and the experience and facilities for handling corporate trust business, as required under Rule 14.11(e)(4)(E)(iv)(a) and that no change will be made to the trustee without prior notice to and approval of the Exchange. The Exchange also notes that, pursuant to Rule 14.11(e)(4)(F), neither the Exchange nor any agent of the Exchange shall have any liability for damages, claims, losses or expenses caused by any errors, omissions or delays in calculating or disseminating any underlying commodity value, the current value of the underlying commodity required to be deposited to the Fund in connection with issuance of Commodity-Based Trust Shares; resulting from any negligent act or omission by the Exchange, or any agent of the Exchange, or any act, condition or cause beyond the reasonable control of the Exchange, its agent, including, but not limited to, an act of God; fire; flood; extraordinary weather conditions; war; insurrection; riot; strike; accident; action of government; communications or power failure; equipment or software malfunction; or any error, omission or delay in the reports of transactions in an underlying commodity. Finally, as required in Rule 14.11(e)(4)(G), the Exchange notes that any registered market maker (“Market Maker”) in the Shares must file with the Exchange in a manner prescribed by the Exchange and keep current a list identifying all accounts for trading in an underlying commodity, related commodity futures or options on commodity futures, or any other related commodity derivatives, which the registered Market Maker may have or over which it may exercise investment discretion. No registered Market Maker shall trade in an underlying commodity, related commodity futures or options on commodity futures, or any other related commodity derivatives, in an account in which a registered Market Maker, directly or indirectly, controls trading activities, or has a direct interest in the profits or losses thereof, which has not been reported to the Exchange as required by this Rule. In addition to the existing obligations under Exchange rules regarding the production of books and records (see, 
                    <E T="03">e.g.,</E>
                     Rule 4.2), the registered Market Maker in Commodity-Based Trust Shares shall make available to the Exchange such books, records or other information pertaining to transactions by such entity or registered or non-registered employee affiliated with such entity for its or their own accounts for trading the underlying physical commodity, related commodity futures or options on commodity futures, or any other related commodity derivatives, as may be requested by the Exchange.
                </P>
                <P>The Exchange is able to obtain information regarding trading in the Shares and the underlying SOL or any other SOL derivative through members acting as registered Market Makers, in connection with their proprietary or customer trades.</P>
                <P>As a general matter, the Exchange has regulatory jurisdiction over its Members and their associated persons, which include any person or entity controlling a Member. To the extent the Exchange may be found to lack jurisdiction over a subsidiary or affiliate of a Member that does business only in commodities or futures contracts, the Exchange could obtain information regarding the activities of such subsidiary or affiliate through surveillance sharing agreements with regulatory organizations of which such subsidiary or affiliate is a member.</P>
                <HD SOURCE="HD3">Trading Halts</HD>
                <P>With respect to trading halts, the Exchange may consider all relevant factors in exercising its discretion to halt or suspend trading in the Shares. The Exchange will halt trading in the Shares under the conditions specified in BZX Rule 11.18. Trading may be halted because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. These may include: (1) the extent to which trading is not occurring in the SOL underlying the Shares; or (2) whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present. Trading in the Shares also will be subject to Rule 14.11(e)(4)(E)(ii), which sets forth circumstances under which trading in the Shares may be halted.</P>
                <P>If the IIV or the value of the Index is not being disseminated as required, the Exchange may halt trading during the day in which the interruption to the dissemination of the IIV or the value of the Index occurs. If the interruption to the dissemination of the IIV or the value of the Index persists past the trading day in which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption.</P>
                <P>In addition, if the Exchange becomes aware that the NAV with respect to the Shares is not disseminated to all market participants at the same time, it will halt trading in the Shares until such time as the NAV is available to all market participants.</P>
                <HD SOURCE="HD3">Trading Rules</HD>
                <P>The Exchange deems the Shares to be equity securities, thus rendering trading in the Shares subject to the Exchange's existing rules governing the trading of equity securities. BZX will allow trading in the Shares during all trading sessions on the Exchange. The Exchange has appropriate rules to facilitate transactions in the Shares during all trading sessions. As provided in BZX Rule 11.11(a) the minimum price variation for quoting and entry of orders in securities traded on the Exchange is $0.01 where the price is greater than $1.00 per share or $0.0001 where the price is less than $1.00 per share. The Shares of the Fund will conform to the initial and continued listing criteria set forth in BZX Rule 14.11(e)(4).</P>
                <HD SOURCE="HD3">Surveillance</HD>
                <P>The Exchange represents that its surveillance procedures are adequate to properly monitor the trading of the Shares on the Exchange during all trading sessions and to deter and detect violations of Exchange rules and the applicable federal securities laws. Trading of the Shares through the Exchange will be subject to the Exchange's surveillance procedures for derivative products, including Commodity-Based Trust Shares. FINRA conducts certain cross-market surveillances on behalf of the Exchange pursuant to a regulatory services agreement. The Exchange is responsible for FINRA's performance under this regulatory services agreement.</P>
                <P>
                    The Exchange or FINRA, on behalf of the Exchange, or both, will communicate as needed regarding trading in the Shares or any other SOL derivative with other markets and other entities that are members of the ISG, and the Exchange, or FINRA, on behalf of the Exchange, or both, may obtain trading information regarding trading in 
                    <PRTPAGE P="12832"/>
                    the Shares or any other SOL derivative from such markets and other entities.
                    <SU>26</SU>
                    <FTREF/>
                     The Exchange may obtain information regarding trading in the Shares or any other SOL derivative via ISG, from other exchanges who are members or affiliates of the ISG, or with which the Exchange has entered into a comprehensive surveillance sharing agreement.
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         For a list of the current members and affiliate members of ISG, 
                        <E T="03">see www.isgportal.com.</E>
                    </P>
                </FTNT>
                <P>In addition, the Exchange also has a general policy prohibiting the distribution of material, non-public information by its employees.</P>
                <P>The Sponsor has represented to the Exchange that it will advise the Exchange of any failure by the Fund or the Shares to comply with the continued listing requirements, and, pursuant to its obligations under Section 19(g)(1) of the Exchange Act, the Exchange will surveil for compliance with the continued listing requirements. If the Fund or the Shares are not in compliance with the applicable listing requirements, the Exchange will commence delisting procedures under Exchange Rule 14.12.</P>
                <HD SOURCE="HD3">Information Circular</HD>
                <P>
                    Prior to the commencement of trading, the Exchange will inform its members in an Information Circular of the special characteristics and risks associated with trading the Shares. Specifically, the Information Circular will discuss the following: (i) the procedures for the creation and redemption of Creation Baskets (and that the Shares are not individually redeemable); (ii) BZX Rule 3.7, which imposes suitability obligations on Exchange members with respect to recommending transactions in the Shares to customers; (iii) how information regarding the IIV and the Fund's NAV are disseminated; (iv) the risks involved in trading the Shares outside of Regular Trading Hours 
                    <SU>27</SU>
                    <FTREF/>
                     when an updated IIV will not be calculated or publicly disseminated; (v) the requirement that members deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and (vi) trading information. The Information Circular will also reference the fact that there is no regulated source of last sale information regarding SOL, and that the Commission has no jurisdiction over the trading of SOL as a commodity.
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         Regular Trading Hours is the time between 9:30 a.m. and 4:00 p.m. Eastern Time.
                    </P>
                </FTNT>
                <P>In addition, the Information Circular will advise members, prior to the commencement of trading, of the prospectus delivery requirements applicable to the Shares. Members purchasing the Shares for resale to investors will deliver a prospectus to such investors. The Information Circular will also discuss any exemptive, no-action and interpretive relief granted by the Commission from any rules under the Act.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that the proposal is consistent with Section 6(b) of the Act 
                    <SU>28</SU>
                    <FTREF/>
                     in general and Section 6(b)(5) of the Act 
                    <SU>29</SU>
                    <FTREF/>
                     in particular in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         15 U.S.C. 78f.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>
                    The Commission has approved numerous series of Trust Issued Receipts,
                    <SU>30</SU>
                    <FTREF/>
                     including Commodity-Based Trust Shares,
                    <SU>31</SU>
                    <FTREF/>
                     to be listed on U.S. national securities exchanges. In order for any proposed rule change from an exchange to be approved, the Commission must determine that, among other things, the proposal is consistent with the requirements of Section 6(b)(5) of the Act, specifically including: (i) the requirement that a national securities exchange's rules are designed to prevent fraudulent and manipulative acts and practices; 
                    <SU>32</SU>
                    <FTREF/>
                     and (ii) the requirement that an exchange proposal be designed, in general, to protect investors and the public interest. The Exchange believes that this proposal is consistent with the requirements of Section 6(b)(5) of the Act and that this filing sufficiently demonstrates that potential policy concerns under the Act are sufficiently mitigated to the point that they are outweighed by quantifiable investor protection issues that would be resolved by approving this proposal.
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 14.11(f).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         Commodity-Based Trust Shares, as described in Exchange Rule 14.11(e)(4), are a type of Trust Issued Receipt.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         Much like bitcoin and ether, the Exchange believes that SOL is resistant to price manipulation and that “other means to prevent fraudulent and manipulative acts and practices” exist to justify dispensing with the requisite surveillance sharing agreement. The geographically diverse and continuous nature of SOL trading render it difficult and prohibitively costly to manipulate the price of SOL. The fragmentation across platforms and the capital necessary to maintain a significant presence on each trading platform make manipulation of SOL prices through continuous trading activity challenging. To the extent that there are trading platforms engaged in or allowing wash trading or other activity intended to manipulate the price of SOL on other markets, such pricing does not normally impact prices on other trading platforms because participants will generally ignore markets with quotes that they deem non-executable. Moreover, the linkage between SOL markets and the presence of arbitrageurs in those markets means that the manipulation of the price of SOL on any single venue would require manipulation of the global SOL price in order to be effective. Arbitrageurs must have funds distributed across multiple trading platforms in order to take advantage of temporary price dislocations, thereby making it unlikely that there will be strong concentration of funds on any particular trading platforms or OTC platform. Further, the speed and relatively inexpensive nature of transactions on the Solana network allow arbitrageurs to quickly move capital between trading platforms where price dislocations may occur. As a result, the potential for manipulation on a trading platform would require overcoming the liquidity supply of such arbitrageurs who are effectively eliminating any cross-market pricing differences.
                    </P>
                </FTNT>
                <P>
                    More recently, the Commission has applied the Winklevoss Test while also recognizing that the “regulated market of significant size” standard is not the only means for satisfying Section 6(b)(5) of the Act. In the specifically providing that a listing exchange could demonstrate that “other means to prevent fraudulent and manipulative acts and practices” are sufficient to justify dispensing with the requisite surveillance-sharing agreement.
                    <SU>33</SU>
                    <FTREF/>
                     While there is currently no futures market for SOL, in the Spot Bitcoin ETF Approval Order and Spot ETH ETF Approval Order the Commission determined that the CME bitcoin futures market and CME ether futures market, respectively, were not of “significant size” related to the spot market. Instead, the Commission found that sufficient “other means” of preventing fraud and manipulation had been demonstrated that justified dispensing with a surveillance-sharing agreement with a regulated market of significant size. The Exchange and Sponsor believe that this proposal provides for other means of preventing fraud and manipulation justify dispensing with a surveillance-sharing agreement with a regulated market of significant size.
                </P>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         
                        <E T="03">See</E>
                         Winklevoss Order at 37580. The Commission has also specifically noted that it “is not applying a `cannot be manipulated' standard; instead, the Commission is examining whether the proposal meets the requirements of the Exchange Act and, pursuant to its Rules of Practice, places the burden on the listing exchange to demonstrate the validity of its contentions and to establish that the requirements of the Exchange Act have been met.” 
                        <E T="03">Id.</E>
                         at 37582.
                    </P>
                </FTNT>
                <P>
                    The Exchange believes that the proposal is designed to protect investors and the public interest. Over the past several years, U.S. investor exposure to SOL has grown into the billions of dollars, mostly through transactions in 
                    <PRTPAGE P="12833"/>
                    spot SOL on digital asset trading platforms. The Exchange believes that approving this proposal (and comparable proposals) provides the Commission with the opportunity to allow U.S. investors with access to SOL in a regulated and transparent exchange-traded vehicle that would act to limit risk to U.S. investors by: (i) reducing premium and discount volatility; (ii) reducing management fees through meaningful competition; and (iii) providing an alternative to custodying spot SOL.
                </P>
                <P>The policy concerns that the Exchange Act is designed to address are also otherwise mitigated by the fact that the size of the market for the underlying reference asset (approximately $150 billion fully diluted value). The geographically diverse and continuous nature of SOL trading makes it difficult and prohibitively costly to manipulate the price of SOL and, in many instances, the SOL market can be less susceptible to manipulation than the equity, fixed income, and commodity futures markets. There are a number of reasons this is the case, including that there is not inside information about revenue, earnings, corporate activities, or sources of supply; manipulation of the price on any single venue would require manipulation of the global SOL price in order to be effective; a substantial over-the-counter market provides liquidity and shock-absorbing capacity; SOL's 24/7/365 nature provides constant arbitrage opportunities across all trading venues; and it is unlikely that any one actor could obtain a dominant market share.</P>
                <P>Further, SOL is arguably less susceptible to manipulation than other commodities that underlie ETPs; there may be inside information relating to the supply of the physical commodity such as the discovery of new sources of supply or significant disruptions at mining facilities that supply the commodity that simply are inapplicable as it relates to bitcoin. Further, the Exchange believes that the fragmentation across SOL trading platforms, the relatively slow speed of transactions, and the capital necessary to maintain a significant presence on each trading platform make manipulation of SOL prices through continuous trading activity unlikely. Moreover, the linkage between the SOL markets and the presence of arbitrageurs in those markets means that the manipulation of the price of SOL price on any single venue would require manipulation of the global SOL price in order to be effective. Arbitrageurs must have funds distributed across multiple SOL trading platforms in order to take advantage of temporary price dislocations, thereby making it unlikely that there will be strong concentration of funds on any particular SOL trading platform. As a result, the potential for manipulation on a particular SOL trading platform would require overcoming the liquidity supply of such arbitrageurs who are effectively eliminating any cross-market pricing differences. For all of these reasons, SOL is not particularly susceptible to manipulation, especially as compared to other approved ETP reference assets.</P>
                <P>The Exchange also believes this proposal is designed to remove impediments to and perfect the mechanism of a free and open market and, in general, to protect investors and the public interest because it would allow the Fund to stake its SOL on behalf of its investors. The Solana Network allows for staking of its native asset, SOL tokens, and permits validators who successfully stake SOL to receive rewards in the form of more SOL tokens. The net beneficiaries are not only validators, or those on behalf of whom they stake SOL, but also the Solana blockchain itself which grows and is progressively made more secure through the validation of transactions. Staking permits validators to contribute to the network by staking their tokens to secure the blockchain, facilitating the creation of blocks, and helping process transactions. Validators are compensated for fulfilling this important role through transaction fees and consensus rewards paid by the blockchain itself.</P>
                <P>Staking through mechanisms such as “point-and-click” staking can also permit the earning of rewards without certain additional risks to the tokens held by the Solana Custodian on behalf of the Fund. As such, not staking the Fund's SOL would amount to waiving the Fund's right to free additional SOL, an act analogous to an equity ETP refusing dividends from the companies it holds. Allowing the Fund to stake its SOL would benefit investors and help the Fund to better track the returns associated with holding SOL. This would improve the creation and redemption process for both authorized participants and the Fund, increase efficiency, and ultimately benefit the end investors in the Fund.</P>
                <HD SOURCE="HD3">Commodity-Based Trust Shares</HD>
                <P>The Exchange believes that the proposed rule change is designed to prevent fraudulent and manipulative acts and practices in that the Shares will be listed on the Exchange pursuant to the initial and continued listing criteria in Exchange Rule 14.11(e)(4). The Exchange believes that its surveillance procedures are adequate to properly monitor the trading of the Shares on the Exchange during all trading sessions and to deter and detect violations of Exchange rules and the applicable federal securities laws. Trading of the Shares through the Exchange will be subject to the Exchange's surveillance procedures for derivative products, including Commodity-Based Trust Shares. The Sponsor has represented to the Exchange that it will advise the Exchange of any failure by the Fund or the Shares to comply with the continued listing requirements, and, pursuant to its obligations under Section 19(g)(1) of the Exchange Act, the Exchange will surveil for compliance with the continued listing requirements. If the Fund or the Shares are not in compliance with the applicable listing requirements, the Exchange will commence delisting procedures under Exchange Rule 14.12. The Exchange may obtain information regarding trading in the Shares and listed SOL derivatives via the ISG, from other exchanges who are members or affiliates of the ISG, or with which the Exchange has entered into a comprehensive surveillance sharing agreement.</P>
                <HD SOURCE="HD3">Availability of Information</HD>
                <P>In addition to the price transparency of the Index, the Fund will provide information regarding the Fund's SOL holdings as well as additional data regarding the Fund.</P>
                <P>
                    The website for the Fund, which will be publicly accessible at no charge, will contain the following information: (a) the current NAV per Share daily and the prior business day's NAV per Share and the reported BZX Official Closing Price; 
                    <SU>34</SU>
                    <FTREF/>
                     (b) the BZX Official Closing Price in relation to the NAV per Share as of the time the NAV is calculated and a calculation of the premium or discount of such price against such NAV per Share; (c) data in chart form displaying the frequency distribution of discounts and premiums of the BZX Official Closing Price against the NAV per Share, within appropriate ranges for each of the four previous calendar quarters (or for the life of the Fund, if shorter); (d) the prospectus; and (e) other applicable quantitative information. The aforementioned information will be published as of the close of business and be available on the Fund's website at 
                    <E T="03">
                        https://www.franklintempleton.com/investments/options/exchange-traded-
                        <PRTPAGE P="12834"/>
                        funds,
                    </E>
                     or any successor thereto. The NAV for the Fund will be calculated by the Administrator once a day and will be disseminated daily to all market participants at the same time. Quotation and last-sale information regarding the Shares will be disseminated through the facilities of the CTA. The Fund will also disseminate its holdings on a daily basis on its website.
                </P>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         As defined in Rule 11.23(a)(3), the term “BZX Official Closing Price” shall mean the price disseminated to the consolidated tape as the market center closing trade.
                    </P>
                </FTNT>
                <P>The IIV will be calculated by using the prior day's closing NAV per Share as a base and updating that value during Regular Trading Hours to reflect changes in the value of the Fund's SOL holdings during the trading day, which is based on the CME CF Solana-Dollar Real Time Index. The IIV disseminated during Regular Trading Hours should not be viewed as an actual real-time update of the NAV, which will be calculated only once at the end of each trading day. The IIV will be widely disseminated on a per Share basis every 15 seconds during the Exchange's Regular Trading Hours through the facilities of the CTA and CQS high speed lines. In addition, the IIV will be available through on-line information services such as Bloomberg and Reuters.</P>
                <P>The price of SOL will be made available by one or more major market data vendors, updated at least every 15 seconds during Regular Trading Hours.</P>
                <P>
                    As noted above, the Index is calculated daily and aggregates the notional value of SOL trading activity across major spot SOL trading platforms. Index data, the Index value, and the description of the Index are based on information made publicly available by the Index Provider on its website at 
                    <E T="03">https://www.cfbenchmarks.com.</E>
                </P>
                <P>Quotation and last sale information for SOL is widely disseminated through a variety of major market data vendors, including Bloomberg and Reuters. Information relating to trading, including price and volume information, in SOL is available from major market data vendors and from the trading platforms on which SOL are traded. Depth of book information is also available from SOL trading platforms. The normal trading hours for SOL trading platforms are 24 hours per day, 365 days per year.</P>
                <P>Information regarding market price and trading volume of the Shares will be continually available on a real-time basis throughout the day on brokers' computer screens and other electronic services. Information regarding the previous day's BZX Official Closing Price and trading volume information for the Shares will be published daily in the financial section of newspapers. Quotation and last-sale information regarding the Shares will be disseminated through the facilities of the CTA.</P>
                <P>In sum, the Exchange believes that this proposal is consistent with the requirements of Section 6(b)(5) of the Act, that on the whole the manipulation concerns previously articulated by the Commission are sufficiently mitigated to the point that they are outweighed by investor protection issues that would be resolved by approving this proposal.</P>
                <P>The Exchange believes that the proposal is, in particular, designed to protect investors and the public interest. The investor protection issues for U.S. investors has grown significantly over the last several years, through premium/discount volatility and management fees for OTC SOL Funds. As discussed throughout, this growth investor protection concerns need to be re-evaluated and rebalanced with the prevention of fraudulent and manipulative acts and practices concerns that previous disapproval orders have relied upon.</P>
                <P>For the above reasons, the Exchange believes that the proposed rule change is consistent with the requirements of Section 6(b)(5) of the Act.</P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purpose of the Act. The Exchange notes that the proposed rule change, rather will facilitate the listing and trading of an additional exchange-traded product that will enhance competition among both market participants and listing venues, to the benefit of investors and the marketplace.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Within 45 days of the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                     or within such longer period up to 90 days (i) as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the Exchange consents, the Commission will:
                </P>
                <P>A. by order approve or disapprove such proposed rule change, or</P>
                <P>B. institute proceedings to determine whether the proposed rule change should be disapproved.</P>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-CboeBZX-2025-039 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-CboeBZX-2025-039. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-CboeBZX-2025-039 and should be submitted on or before April 9, 2025.
                </FP>
                <SIG>
                    <PRTPAGE P="12835"/>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>35</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>35</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04505 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102657; File No. SR-NYSEARCA-2024-112]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To Amend Rule 7.31-E To Adopt the Selective Midpoint Order</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <HD SOURCE="HD1">I. Introduction</HD>
                <P>
                    On December 18, 2024, NYSE Arca, Inc. (“Exchange” or “NYSE Arca”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     a proposed rule change to amend Exchange Rule 7.31-E to adopt the Selective Midpoint (“SeMi”) Order. The proposed rule change was published for comment in the 
                    <E T="04">Federal Register</E>
                     on December 30, 2024.
                    <SU>3</SU>
                    <FTREF/>
                     The Commission received comment on the proposal.
                    <SU>4</SU>
                    <FTREF/>
                     On February 11, 2025, pursuant to Section 19(b)(2) of the Act,
                    <SU>5</SU>
                    <FTREF/>
                     the Commission designated a longer period within which to approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether to disapprove the proposed rule change.
                    <SU>6</SU>
                    <FTREF/>
                     The Commission is instituting proceedings pursuant to Section 19(b)(2)(B) of the Act 
                    <SU>7</SU>
                    <FTREF/>
                     to determine whether to approve or disapprove the proposed rule change.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102005 (Dec. 19, 2024), 89 FR 106630 (Dec. 30, 2024) (“Notice”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         Comments received on the proposed rule change are available at: 
                        <E T="03">https://www.sec.gov/comments/sr-nysearca-2024-112/srnysearca2024112.htm.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         15 U.S.C. 78s(b)(2).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102401 (Feb. 11, 2025), 90 FR 9782 (Feb. 18, 2025) (designating Mar. 30, 2025, as the date by which the Commission shall either approve, disapprove, or institute proceedings to determine whether to disapprove the proposed rule change).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         15 U.S.C. 78s(b)(2)(B).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">
                    II. Description of the Proposed Rule Change 
                    <E T="51">8</E>
                    <FTREF/>
                </HD>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         For a full description of the proposed rule change, refer to the Notice, 
                        <E T="03">supra</E>
                         note 3.
                    </P>
                </FTNT>
                <P>
                    The Exchange offers the Discretionary Pegged Order (“DPO”), which is a non-displayed order to buy (sell) that is pegged to the same side of the PBBO. Upon entry, a DPO is assigned a working price equal to the lower (higher) of the midpoint of the PBBO (the “Midpoint Price”) or the limit price of the order.
                    <SU>9</SU>
                    <FTREF/>
                     Any untraded shares of such order are assigned a working price equal to the lower (higher) of PBB (PBO) or the order's limit price, which is automatically adjusted in response to changes to the PBB (PBO) for buy (sell) orders up (down) to the order's limit price. A DPO exercises the least amount of discretion necessary from its working price to its discretionary price (defined as the lower (higher) of the Midpoint Price or the limit price of the order) to trade with contra-side interest.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         NYSE Arca Rule 7.31-E(h)(3). As defined in NYSE Arca Rule 1.1, “PBBO” means the Best Protected Bid and the Best Protected Offer. NYSE Arca Rule 1.1 also defines “PBB” as the highest Protected Bid and “PBO” as the lowest Protected Offer.
                    </P>
                </FTNT>
                <P>
                    The Exchange proposes to modify NYSE Arca Rule 7.31-E(h)(3) to replace the DPO with the SeMi Order. As described in the Notice, the SeMi Order would be similar to the DPO in that the SeMi Order would be a non-displayed order to buy (sell) that is pegged to the same side of the PBBO that is assigned a working price equal to the lower (higher) of the Midpoint Price or the limit price of the order.
                    <SU>10</SU>
                    <FTREF/>
                     Any untraded shares of a SeMi Order would be assigned a working price equal to the lower (higher) of the PBB (PBO) or the order's limit price and automatically adjusted in response to changes to the PBB (PBO) for buy (sell) orders up (down) to the order's limit price.
                    <SU>11</SU>
                    <FTREF/>
                     In order to trade with contra-side orders on the NYSE Arca Book,
                    <SU>12</SU>
                    <FTREF/>
                     a SeMi Order to buy (sell) would exercise the least amount of price discretion necessary from its working price to its discretionary price, which is defined as the lower (higher) of the Midpoint Price or the SeMi Order's limit price.
                    <SU>13</SU>
                    <FTREF/>
                     When exercising discretion, SeMi Orders (like DPOs) would maintain their time priority at their working price as Priority 3—Non-Display Orders and be prioritized behind Priority 3—Non-Display Orders with a working price equal to the discretionary price of a SeMi Order at the time of execution.
                    <SU>14</SU>
                    <FTREF/>
                     If multiple SeMi Orders are exercising price discretion during the same book processing action, they would maintain their relative time priority at the discretionary price.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         proposed NYSE Arca Rule 7.31-E(h)(3).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         NYSE Arca Rule 1.1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See</E>
                         proposed NYSE Arca Rule 7.31-E(h)(3)(B).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    The Exchange is proposing to adopt new NYSE Arca Rule 7.31-E(h)(3)(D) to allow SeMi Orders to be optionally designated as Liquidity Providing.
                    <SU>16</SU>
                    <FTREF/>
                     This functionality is not available for DPOs. An incoming SeMi Order designated as Liquidity Providing would only execute against resting orders that include a Non-Display Remove Modifier and are priced within the discretionary range of the Liquidity Providing SeMi Order. If a resting contra-side order without a Non-Display Remove Modifier is priced within an arriving Liquidity Providing SeMi Order's discretionary range, the Liquidity Providing SeMi Order would be placed on the NYSE Arca Book, and its discretionary range would be adjusted to equal the resting price of the non-displayed contra-side order or one minimum price variation (“MPV”) less aggressive than the resting price of the displayed contra-side order.
                    <SU>17</SU>
                    <FTREF/>
                     Further, a resting Liquidity Providing SeMi Order would not trade with an arriving contra-side order that cannot remove liquidity.
                    <SU>18</SU>
                    <FTREF/>
                     Once such arriving contra-side order is placed on the NYSE Arca Book, the discretionary range of the Liquidity Providing SeMi Order would be adjusted to equal the resting price of a non-displayed contra-side order or to one MPV less aggressive than the resting price of a displayed contra-side order. Once resting on the NYSE Arca Book, the discretionary range of a Liquidity Providing SeMi Order would be adjusted based on resting contra-side interest.
                    <SU>19</SU>
                    <FTREF/>
                     A Liquidity Providing SeMi Order to buy (sell) would not be eligible to trade at a price equal to or above (below) any sell (buy) orders that are displayed and have a working price equal to or below (above) the working price of such Liquidity Providing SeMi Order, or at a price above (below) any 
                    <PRTPAGE P="12836"/>
                    sell (buy) orders that are not displayed and that have a working price below (above) the working price of such Liquidity Providing SeMi Order.
                    <SU>20</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         proposed NYSE Arca Rule 7.31-E(h)(3)(D).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See</E>
                         proposed NYSE Arca Rule 7.31-E(h)(3)(D)(ii). The Exchange states that allowing Liquidity Providing SeMi Orders to trade with resting orders with a Non-Display Remove Modifier, as well as adjusting the discretionary range of such orders, would be consistent with the operation of discretionary order types on other equities exchanges. 
                        <E T="03">See</E>
                         Notice, 
                        <E T="03">supra</E>
                         note 3 at 106631.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See</E>
                         proposed NYSE Arca Rule 7.31-E(h)(3)(D)(iii). The Exchange states that this proposed handling is also consistent with the handling of similar discretionary order types by other equities exchanges.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See</E>
                         proposed NYSE Arca Rule 7.31-E(h)(3)(D)(iv).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See</E>
                         proposed NYSE Arca Rule 7.31-E(h)(3)(D)(iv)(a) and (b).
                    </P>
                </FTNT>
                <P>
                    The Exchange also proposes to add new NYSE Arca Rule 7.31-E(h)(3)(C) to provide that the SeMi Order would be ineligible to trade during unstable market conditions, as identified by the Selective Midpoint Indicator (“SMI”) (as discussed in further detail below), and would remain ineligible to trade at any price until market conditions stabilize, as determined by the SMI. The Exchange previously calculated quote stability and, when in operation, only restricted the execution of a DPO within its discretionary price range; DPOs remained eligible to execute at their working price during times determined to be unstable.
                    <SU>21</SU>
                    <FTREF/>
                     If the SMI determines the PBB (PBO) for a particular security to be an unstable quote, both an arriving and resting SeMi Order would be ineligible to trade until there is a stable PBB (PBO) at which point the order's working price would be adjusted. As described by the Exchange in the Notice, this functionality is designed to prevent potentially undesirable executions during volatile or unstable market conditions.
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 96322 (Nov. 15, 2022), 87 FR 69376 (Nov. 18, 2022) (SR-NYSEARCA-2022-76) (Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Amend Rule 7.31-E). Following a temporary suspension of the order type, the Exchange amended Rule 7.31-E(h)(3) in order to resume the use of the DPO and eliminate the functionality that calculated quote stability and potentially restricted the use of DPO discretionary range during periods of instability.
                    </P>
                </FTNT>
                <P>
                    As discussed above, in the past, the DPO relied on a static logistical regression model to forecast market instability and only prevented DPOs in any symbol from exercising discretion to trade when the model anticipated an unstable market.
                    <SU>22</SU>
                    <FTREF/>
                     As proposed, the SeMi Order would rely on the SMI, a gradient-boosting machine learning model,
                    <SU>23</SU>
                    <FTREF/>
                     to predict market instability and, if the SMI determined the market unstable, SeMi Orders would be prevented from trading at any price (as opposed to only suspending the ability to execute within price discretion). According to the Exchange, the SMI would facilitate the SeMi Order's ability to provide protection against potentially unfavorable executions. The Exchange developed the SMI to predict market instability, which is defined by the Exchange as relatively large price moves during a relatively short time frame using PBBO updates as the fundamental data points.
                    <SU>24</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         The Exchange eliminated its quote stability calculation in Nov. 2022. Accordingly, DPOs exercise discretion during periods that may have been considered unstable. 
                        <E T="03">See</E>
                         Notice at 102005 for a description of the Exchange's previous use of quote instability calculations. 
                        <E T="03">See also</E>
                          
                        <E T="03">supra</E>
                         note 19.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         The Exchange filed a white paper as Exhibit 3 to the proposed rule change that discusses details of the SMI, which is available at 
                        <E T="03">https://www.sec.gov/files/rules/sro/nysearca/2024/34-102005-ex3.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         
                        <E T="03">See</E>
                         Notice, 
                        <E T="03">supra</E>
                         note 3 at 106632.
                    </P>
                </FTNT>
                <P>The Exchange proposes to use two types of SMI models: (1) an individualized model for more active stocks, and (2) a market model for less active stocks that are not assigned to the individual SMI. As proposed, the Exchange would identify at least 200 (and up to 1,000) symbols that have the highest volume and quote updates and evaluate whether an individualized SMI or the market model SMI would yield better performance for those symbols. As described by the Exchange in the Notice, the symbols that would have an individual SMI model would be published on the Exchange website.</P>
                <P>
                    The SMI would use NYSE Arca Book data, and the 83 Exchange-selected features described in the Exchange's white paper.
                    <SU>25</SU>
                    <FTREF/>
                     The SMI models would be retrained on a nightly basis using the data from the previous three trading days. As described in the Notice, the SMI models will use the feature weights determined from the previous night's training and the features will be calculated using real-time intraday data.
                </P>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <P>As proposed, the SMI would be integrated into the Pillar Trading platform and would have access to real-time trading data to evaluate whether the market is stable or unstable. Generally, a SeMi Order would be allowed to trade unless the SMI determines that the market is unstable, in which case a SeMi Order would be prevented from trading at any price for as long as the SMI predicts the market to be unstable. The SeMi Order would remain ineligible to trade at any price until the SMI determines that there is a return to market stability. The Exchange states that the models underlying the SMI are objective and designed to avoid bias and discrimination, and use of the SeMi Order (like use of the DPO) would be voluntary for all market participants.</P>
                <HD SOURCE="HD1">III. Proceedings To Determine Whether To Approve or Disapprove SR-NYSEARCA-2024-112, and Grounds for Disapproval Under Consideration</HD>
                <P>
                    The Commission is instituting proceedings pursuant to Section 19(b)(2)(B) of the Act 
                    <SU>26</SU>
                    <FTREF/>
                     to determine whether the proposed rule change should be approved or disapproved. Institution of such proceedings is appropriate at this time in view of the legal and policy issues raised by the proposed rule change and the comment received thereon. Institution of proceedings does not indicate that the Commission has reached any conclusions with respect to any of the issues involved. Rather, as described below, the Commission seeks and encourages interested persons to provide additional comment on the proposed rule change to inform the Commission's analysis of whether to approve or disapprove the proposed rule change.
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         15 U.S.C. 78s(b)(2)(B).
                    </P>
                </FTNT>
                <P>
                    Pursuant to Section 19(b)(2)(B) of the Act,
                    <SU>27</SU>
                    <FTREF/>
                     the Commission is providing notice of the grounds for possible disapproval under consideration. As described above, the Exchange has proposed to (i) replace the DPO with the SeMi Order, (ii) implement the SMI to identify periods of market instability using machine learning methods, (iii) prevent SeMi Orders from trading during such periods of instability, and (iv) permit SeMi Orders to be optionally designated as Liquidity Providing.
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    The Commission received comment on the proposal.
                    <SU>28</SU>
                    <FTREF/>
                     The commenter stated that “machine learning technology is not an `established, non-discretionary method' under 3b-16.” 
                    <SU>29</SU>
                    <FTREF/>
                     The commenter questioned how the SMI's use of immediate-or-cancel (“IOC”) orders and book data in its calculations is consistent with Sections 6(b)(5) and 6(b)(8) of the Act.
                    <SU>30</SU>
                    <FTREF/>
                     The commenter stated that “not only will data from (a) an unrelated and non-displayed order type, but orders dictated by (b) a regulatory mandate, will be used as fuel in a commercial offering” and that “[t]o my knowledge something like that hasn't been done before.” 
                    <SU>31</SU>
                    <FTREF/>
                     The commenter also stated that self-regulatory organizations should provide more specificity when using the terms “price” or “volume” in a proposed rule change as to whether the terms considered displayed or non-displayed information so that “the public has all the information it needs to provide meaningful comment.” 
                    <SU>32</SU>
                    <FTREF/>
                     The commenter also stated that the use of book data “includes non-displayed prices and volumes from all participants” for commercial purposes 
                    <PRTPAGE P="12837"/>
                    “even if that commercial use is of no benefit to and could be adverse to the participant itself.” 
                    <SU>33</SU>
                    <FTREF/>
                     In this regard, the commenter stated that “a threshold question for any exchange method that mines past or present non-displayed behavior to affect its market” to advantage unrelated participants would be “how is that consistent with 6(b)(5) and 6(b)(8)?” 
                    <SU>34</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         
                        <E T="03">See</E>
                         letter from R.T. Leuchtkafer dated Jan. 16, 2025 (“Leuchtkafer Letter”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         
                        <E T="03">See</E>
                         Leuchtkafer Letter at 1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         
                        <E T="03">See</E>
                         Leuchtkafer Letter at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         
                        <E T="03">See</E>
                         Leuchtkafer Letter at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         
                        <E T="03">See</E>
                         Leuchtkafer Letter at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    Further, the commenter raised questions about the Exchange proposal to suspend some SeMi Orders but not others.
                    <SU>35</SU>
                    <FTREF/>
                     The commenter stated that “[i]f exchanges can make their own indeterminate and undisclosed judgements about market conditions and direction using any participant data they like—related or unrelated, displayed or non-displayed, whether with a commercial or regulatory purpose—from any time period they like to (a) change an order's material terms . . . or if exchanges can make their own indeterminate and undisclosed judgements about market direction using any data they like to (b) work some orders and not others in a stock (as with SeMi), in what sense are they still exchanges? ” 
                    <SU>36</SU>
                    <FTREF/>
                     In this regard, the commenter questioned the effect of the proposal on competition. The commenter also raised questions about (1) how the Exchange would assign the individual SMI models; (2) whether the Exchange would be able to use other indices or exchange-traded funds for the market model; and (3) “what principles, if any—distinguish permissible factors in these calculations from impermissible factors? ” 
                    <SU>37</SU>
                    <FTREF/>
                     Finally, the commenter stated that the proposal described that the Exchange would make changes to parameters in the SMI and decisions about whether to “implement a retrained model in production.” 
                    <SU>38</SU>
                    <FTREF/>
                     The commenter questioned “how these apparently staff-made, indeterminate, and unqualified decisions are `established, nondiscretionary methods.' ” 
                    <SU>39</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         
                        <E T="03">See</E>
                         Leuchtkafer Letter at 3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>37</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>38</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>39</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    The Commission is instituting proceedings to allow for additional analysis of, and input from commenters with respect to, the proposed rule change's consistency with the Act, and in particular, Section 6(b)(5) and 6(b)(8) of the Act. Section 6(b)(5) of the Act requires, among other things, that the rules of a national securities exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest; and not be designed to permit unfair discrimination between customers, issuers, brokers or dealers.
                    <SU>40</SU>
                    <FTREF/>
                     Section 6(b)(8) of the Act requires that the rules of a national securities exchange not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
                    <SU>41</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>40</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>41</SU>
                         15 U.S.C. 78f(b)(8).
                    </P>
                </FTNT>
                <P>The Commission asks that commenters address the sufficiency of the Exchange's statements in support of the proposal, which are set forth in the Notice, in addition to any other comments they may wish to submit about the proposed rule change.</P>
                <HD SOURCE="HD1">IV. Procedure: Request for Written Comments</HD>
                <P>
                    The Commission requests that interested persons provide written submissions of their data, views, and arguments with respect to the issues identified above, as well as any other concerns they may have with the proposal. In particular, the Commission invites the written views of interested persons concerning whether the proposed rule change, is consistent with Sections 6(b)(5) and 6(b)(8) or any other provision of the Act, or the rules and regulations thereunder. Although there do not appear to be any issues relevant to approval or disapproval that would be facilitated by an oral presentation of data, views, and arguments, the Commission will consider, pursuant to Rule 19b-4 under the Act,
                    <SU>42</SU>
                    <FTREF/>
                     any request for an opportunity to make an oral presentation.
                    <SU>43</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>42</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>43</SU>
                         Section 19(b)(2) of the Act, as amended by the Securities Acts Amendments of 1975, Public Law 94-29 (Jun. 4, 1975), grants to the Commission flexibility to determine what type of proceeding—either oral or notice and opportunity for written comments—is appropriate for consideration of a particular proposal by a self-regulatory organization. 
                        <E T="03">See</E>
                         Securities Acts Amendments of 1975, Senate Comm. on Banking, Housing &amp; Urban Affairs, S. Rep. No. 75, 94th Cong., 1st Sess. 30 (1975).
                    </P>
                </FTNT>
                <P>Interested persons are invited to submit written data, views, and arguments regarding whether the proposed rule change should be approved or disapproved by April 9, 2025. Any person who wishes to file a rebuttal to any other person's submission must file that rebuttal by April 23, 2025. The Commission asks that commenters address the sufficiency of the Exchange's statements in support of the proposal, in addition to any other comments they may wish to submit about the proposed rule change.</P>
                <P>Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-NYSEARCA-2024-112 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-NYSEARCA-2024-112. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-NYSEARCA-2024-112 and should be submitted by April 9, 2025. Rebuttal comments should be submitted by April 23, 2025.
                </FP>
                <SIG>
                    <PRTPAGE P="12838"/>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>44</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>44</SU>
                             17 CFR 200.30-3(a)(57).
                        </P>
                    </FTNT>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary. </TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04510 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[OMB Control No. 3235-0633]</DEPDOC>
                <SUBJECT>Proposed Collection; Comment Request; Extension: Rule 0-4</SUBJECT>
                <FP SOURCE="FP-1">
                    <E T="03">Upon Written Request, Copies Available From:</E>
                     Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 20549-2736
                </FP>
                <P>
                    Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    ), the Securities and Exchange Commission (the “Commission”) is soliciting comments on the collection of information summarized below. The Commission plans to submit this collection of information to the Office of Management and Budget for extension and approval.
                </P>
                <P>
                    Rule 0-4 (17 CFR 275.0-4) under the Investment Advisers Act of 1940 (“Act” or “Advisers Act”) (15 U.S.C. 80b-1 
                    <E T="03">et seq.</E>
                    ) entitled “General Requirements of Papers and Applications,” prescribes general instructions for filing an application seeking exemptive relief with the Commission.
                </P>
                <P>The requirements of rule 0-4 are designed to provide Commission staff with the necessary information to assess whether granting the Orders of exemption are necessary and appropriate in the public interest and consistent with the protection of investors and the intended purposes of the Act.</P>
                <P>Applicants for Orders under the Advisers Act can include registered investment advisers, affiliated persons of registered investment advisers, and entities seeking to avoid investment adviser status, among others. Commission staff estimates that it receives up to 7 applications per year submitted under rule 0-4 of the Act seeking relief from various provisions of the Advisers Act. Although each application typically is submitted on behalf of multiple applicants, the applicants in the vast majority of cases are related entities and are treated as a single respondent for purposes of this analysis. Most of the work of preparing an application is performed by outside counsel and, therefore, imposes no hourly burden on respondents. The cost outside counsel charges applicants depends on the complexity of the issues covered by the application and the time required. Based on conversations with applicants and attorneys, the cost for applications ranges from approximately $15,259.94 for preparing a well-precedented, routine (or otherwise less involved) application to approximately $238,761.88 to prepare a complex or novel application. We estimate that the Commission receives 1 of the most time-consuming applications annually, 3 applications of medium difficulty, and 3 of the least difficult applications subject to rule 0-4. This distribution gives a total estimated annual cost burden to applicants of filing all applications of $440,387.38 [(1 × $238,761.88) + (3 × $51,948.56) + (3 × $15,259.94)]. The estimate of annual cost burden is made solely for the purposes of the Paperwork Reduction Act and is not derived from a comprehensive or even representative survey or study of the costs of Commission rules and forms.</P>
                <P>The requirements of this collection of information are required to obtain or retain benefits. Responses will not be kept confidential. 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 control number.</P>
                <P>Written comments are invited on: (a) whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission's estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information 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. Consideration will be given to comments and suggestions submitted by May 19, 2025.</P>
                <P>An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information under the PRA unless it displays a currently valid OMB control number.</P>
                <P>
                    Please direct your written comments to: Austin Gerig, Director/Chief Data Officer, Securities and Exchange Commission, c/o Tanya Ruttenberg, 100 F Street NE, Washington, DC 20549 or send an email to: 
                    <E T="03">PaperworkReductionAct@sec.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2025.</DATED>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary. </TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04569 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102649; File No. SR-CboeEDGX-2025-018]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing of a Proposed Rule Change To Amend Rule 19.3 To Permit the Listing of Options on Commodity-Based Trust Shares</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 5, 2025, Cboe EDGX Exchange, Inc. (the “Exchange” or “EDGX”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>Cboe EDGX Exchange, Inc. (the “Exchange” or “EDGX Options”) proposes to amend Rule 19.3 to permit the listing of options on Commodity-Based Trust Shares. The text of the proposed rule change is provided in Exhibit 5.</P>
                <P>
                    The text of the proposed rule change is also available on the Exchange's website (
                    <E T="03">http://markets.cboe.com/us/options/regulation/rule_filings/edgx/</E>
                    ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>
                    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set 
                    <PRTPAGE P="12839"/>
                    forth in sections A, B, and C below, of the most significant aspects of such statements.
                </P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange proposes to amend Rules 19.3 regarding the criteria for underlying securities. Specifically, the Exchange proposes to amend Rule 19.3(i) to allow the Exchange to list and trade options on Fund Shares 
                    <SU>3</SU>
                    <FTREF/>
                     that represent interests in Commodity-Based Trusts. This is a competitive filing substantively identical to proposals submitted by other options exchanges that are currently pending with the Securities and Exchange Commission (the “Commission”).
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Rule 19.3(i) states that securities deemed appropriate for options trading shall include shares or other securities (“Fund Shares”), including but not limited to Partnership Units as defined in this Rule, that are principally traded on a national securities exchange and are defined as an “NMS stock” under Rule 600 of Regulation NMS, and that (1) represent interests in registered investment companies (or series thereof) organized as open-end management investment companies, unit investment trusts or similar entities, and that hold portfolios of securities comprising or otherwise based on or representing investments in indexes or portfolios of securities (or that hold securities in one or more other registered investment companies that themselves hold such portfolios of securities) (“Funds ”) and/or financial instruments including, but not limited to, stock index futures contracts, options on futures, options on securities and indexes, equity caps, collars and floors, swap agreements, forward contracts, repurchase agreements and reverse repurchase agreements (the “Financial Instruments”), and money market instruments, including, but not limited to, U.S. government securities and repurchase agreements (the “Money Market Instruments”) constituting or otherwise based on or representing an investment in an index or portfolio of securities and/or Financial Instruments and Money Market Instruments, or (2) represent commodity pool interests principally engaged, directly or indirectly, in holding and/or managing portfolios or baskets of securities, commodity futures contracts, options on commodity futures contracts, swaps, forward contracts and/or options on physical commodities and/or non-U.S. currency (“Commodity Pool ETFs”) or (3) represent interests in a trust or similar entity that holds a specified non- U.S. currency or currencies deposited with the trust or similar entity when aggregated in some specified minimum number may be surrendered to the trust by the beneficial owner to receive the specified non-U.S. currency or currencies and pays the beneficial owner interest and other distributions on the deposited non-U.S. currency or currencies, if any, declared and paid by the trust (“Currency Trust Shares”), or (4) represent interests in the SPDR Gold Trust or are issued by the iShares COMEX Gold Trust or iShares Silver Trust, or the Fidelity Wise Origin Bitcoin Fund, the ARK 21Shares Bitcoin ETF, the iShares Bitcoin Trust, the Grayscale Bitcoin Trust, the Grayscale Bitcoin Mini Trust, or the Bitwise Bitcoin ETF.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102465 (February 20, 2025) (SR-ISE-2025-08); SR-NYSEArca-2025-16 (February 24, 2025); and SR-NYSEAmerican-2025-07 (February 24, 2025).
                    </P>
                </FTNT>
                <P>
                    A Commodity-Based Trust is defined in Cboe BZX Exchange, Inc. 14.11(e)(4), NYSE Arca, Inc. Rule 8.201(c)(1), and The Nasdaq Stock Market LLC Rule 5711(d)(iv) as a security (a) that is issued by a trust (“Trust”) that holds (1) a specified commodity deposited with the Trust, or (2) a specified commodity and, in addition to such specified commodity, cash; (b) that is issued by such Trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (c) that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such Trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash. The Exchange proposes to amend Rule 19.3(i) to provide that securities deemed appropriate for options trading include Fund Shares that represent interests in a security (A) issued by a trust that holds (i) a specified commodity deposited with the trust, or (ii) a specified commodity and, in addition to such specified commodity, cash; (B) that is issued by such trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (C) that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash (“Commodity-Based Trust Share”). The proposed rule change removes from that rule provision references to the SPDR Gold Trust, the iShares COMEX Gold Trust, the iShares Silver Trust, the Aberdeen Standard Physical Silver Trust, the Aberdeen Standard Physical Gold Trust, the Aberdeen Standard Physical Palladium Trust, the Aberdeen Standard Physical Platinum Trust, the Sprott Physical Gold Trust, the Goldman Sachs Physical Gold ETF, the Fidelity Wise Origin Bitcoin Fund, the ARK 21Shares Bitcoin ETF, the iShares Bitcoin Trust, the Grayscale Bitcoin Trust, the Grayscale Bitcoin Mini Trust, or the Bitwise Bitcoin ETF, which are all Commodity-Based Trust Shares, thus making references to those trusts no longer necessary. As a result of this proposed rule change, the Exchange's listing criteria would allow any ETF approved to list on a primary equities market as a Commodity-Based Trust Share to qualify as an underlying for options traded on the Exchange, provided other listing criteria have been met.
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         The Exchange believes this proposal is consistent with the Options Clearing Corporation (“OCC”) recent amendment of “Fund Share” (which covers ETFs), as defined in OCC's By-Laws (including the Interpretation and Policy), to remove references to specific precious metal commodity-based ETFs as “no longer relevant or necessary.” 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102018 (December 20, 2024), 89 FR 106660 (December 30, 2024) (SR-OCC-2024-018). The impetus for this rule change was the staff advisory issued by the Commodity Futures Trading Commission (“CFTC”) that deemed it “`substantially likely' that spot commodity ETF shares would be held to be securities” which, in turn, resulted in the OCC's determination that “it no longer needs to seek product-by-product exemptive relief from the CFTC to clear spot commodity-based ETF products, including precious metals commodity-based ETFs.” 
                        <E T="03">See id.</E>
                         at 106661; 
                        <E T="03">see also</E>
                         CFTC Staff Advisory Relating to the Clearing of Options on Spot Commodity Exchange Traded Funds (ETFs), Letter No. 24-16 (Nov. 15, 2024), 
                        <E T="03">available at https://www.cftc.gov/csl/24-16/download</E>
                        .
                    </P>
                </FTNT>
                <P>
                    The Exchange's initial listing standards for Fund Shares on which options may be listed and traded on the Exchange will apply to Commodity-Based Trust Shares. Pursuant to Rule 19.3(a), a security (which includes a Fund Share) on which options may be listed and traded on the Exchange must be duly registered (with the Commission) and be an NMS stock (as defined in Rule 600 of Regulation NMS under the Securities Exchange Act of 1934, as amended (the “Act”)), and be characterized by a substantial number of outstanding shares that are widely held and actively traded. Additionally, Rule 19.3(i) requires that Fund Shares must either (1) meet the criteria and standards set forth in Rule 19.3(a) and (b) 
                    <SU>6</SU>
                    <FTREF/>
                     or (2) be available for creation or redemption each business day in cash or in kind from the investment company, commodity pool or other entity at a price related to net asset value, and the investment company, commodity pool or other entity is obligated to provide that Fund Shares may be created even if some or all of the securities and/or cash required to be deposited have not been received by the Fund, the unit investment trust or the management investment company, provided the authorized creation participant has undertaken to deliver the securities and/or cash as soon as possible and such undertaking is secured by the delivery and maintenance of collateral consisting of cash or cash equivalents satisfactory to the Fund, all as described in the Fund's or unit trust's prospectus.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         Rule 19.3(b) provides for guidelines to be followed by the Exchange when evaluating potential underlying securities for Exchange option transactions.
                    </P>
                </FTNT>
                <P>
                    Additionally, Commodity-Based Trust Shares will also be subject to the Exchange's set forth in Rule 19.4(g) for Fund Shares deemed appropriate for options trading pursuant to Rule 19.3(i). Rule 19.4(g) provides that Fund Shares approved for options trading pursuant 
                    <PRTPAGE P="12840"/>
                    to Rule 19.3 will not be deemed to meet the requirements for continued approval, and the Exchange shall not open for trading any additional series of option contracts of the class covering such Fund Shares if the security is delisted from trading as provided in Rule 19.4(b)(4) (
                    <E T="03">i.e.,</E>
                     the underlying security ceases to be an “NMS stock” as defined in Rule 600 of Regulation NMS under the Act). In addition, the Exchange shall consider suspension of opening transactions in any series of options of the class covering Fund Shares in any of the following circumstances: in the case of options covering Fund Shares approved pursuant to Rule 19.3(i)(4)(A), in accordance with Rule 19.4(b)(1), (2), and (3); (2) in the case of options covering Fund Shares approved pursuant to Rule 19.3(i)(4)(B), following the initial 12-month period beginning upon the commencement of trading in the Fund Shares on a national securities exchange and are defined as NMS stock under Rule 600 of Regulation NMS, there were fewer than 50 record and/or beneficial holders of such Fund Shares for 30 consecutive days; (3) the value of the index, non-U.S. currency, portfolio of commodities including commodity futures contracts, options on commodity futures contracts, swaps, forward contracts and/or options on physical commodities and/or Financial Instruments or Money Market Instruments, or portfolio of securities on which the Fund Shares are based is no longer calculated or available; or (4) such other event occurs or condition exists that in the opinion of the Exchange makes further dealing in such options on the Exchange inadvisable. The Exchange notes that Fund Shares that hold financial instruments, money market instruments, precious metal commodities, or cryptocurrencies that are deemed commodities on which the Exchange may already list and trade options pursuant to Rule 19.3(i) are trusts structured in substantially the same manner as options on a Commodity-Based Trust Share and essentially offer the same objectives and benefits to investors, just with respect to different assets. The Exchange notes that it has not identified any issues with the continued listing and trading of any Fund Share options, including Fund Shares that hold commodities (
                    <E T="03">e.g.,</E>
                     precious metals, cryptocurrencies) that it currently lists and trades on the Exchange.
                </P>
                <P>
                    Options on a Commodity-Based Fund Share will be physically settled contracts with American-style exercise.
                    <SU>7</SU>
                    <FTREF/>
                     Consistent with current Rule 19.6, which governs the opening of options series on a specific underlying security (including ETFs), the Exchange will open at least one expiration month and one series of options on a Commodity-Based Fund Share 
                    <SU>8</SU>
                    <FTREF/>
                     at the commencement of trading on the Exchange and may also list series of options on a Commodity-Based Fund Share for trading on a weekly,
                    <SU>9</SU>
                    <FTREF/>
                     monthly,
                    <SU>10</SU>
                    <FTREF/>
                     or quarterly basis.
                    <SU>11</SU>
                    <FTREF/>
                     The Exchange may also list long-term options series that expire from 12 to 39 months from the time they are listed.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Rule 19.2, which provides that the rights and obligations of holders and writers are set forth in the Rules of the Options Clearing Corporation (“OCC”); 
                        <E T="03">and</E>
                         Equity Options Product Specifications January 3, 2024), available at Equity Options Specifications (cboe.com); 
                        <E T="03">see also</E>
                         OCC Rules, Chapters VIII (which governs exercise and assignment) and Chapter IX (which governs the discharge of delivery and payment obligations arising out of the exercise of physically settled stock option contracts).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6(b) and (e). The monthly expirations are subject to certain listing criteria for underlying securities described within Rule 19.3. Monthly listings expire the third Friday of the month. The term “expiration date” (unless separately defined elsewhere in the OCC By-Laws), when used in respect of an option contract (subject to certain exceptions), means the third Friday of the expiration month of such option contract, or if such Friday is a day on which the exchange on which such option is listed is not open for business, the preceding day on which such exchange is open for business. 
                        <E T="03">See</E>
                         OCC By-Laws Article I, Section 1. Pursuant to Rule 19.6(c), additional series of options of the same class may be opened for trading on the Exchange when the Exchange deems it necessary to maintain an orderly market, to meet customer demand or when the market price of the underlying stock moves more than five strike prices from the initial exercise price or prices. New series of options on an individual stock may be added until the beginning of the month in which the options contract will expire. Due to unusual market conditions, the Exchange, in its discretion, may add a new series of options on an individual stock until the close of trading on the business day prior to expiration.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6, Interpretation and Policy .05.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6, Interpretation and Policy .08.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6, Interpretation and Policy .04.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         Rule 19.8.
                    </P>
                </FTNT>
                <P>
                    Pursuant to Rule 19.6, Interpretation and Policy .01, which governs strike prices of series of options on Fund Shares, the interval of strike prices for series of options on Commodity-Based Fund Shares may be $1 or greater where the strike price is $200 or less or $5 or greater where the strike price is over $200.
                    <SU>13</SU>
                    <FTREF/>
                     Additionally, the Exchange may list series of options pursuant to the $1 Strike Price Interval Program,
                    <SU>14</SU>
                    <FTREF/>
                     the $0.50 Strike Program,
                    <SU>15</SU>
                    <FTREF/>
                     the $2.50 Strike Price Program,
                    <SU>16</SU>
                    <FTREF/>
                     and the $5 Strike Program.
                    <SU>17</SU>
                    <FTREF/>
                     Pursuant to Rule 21.5, where the price of a series of a Commodity-Based Fund Share option is less than $3.00, the minimum increment will be $0.05, and where the price is $3.00 or higher, the minimum increment will be $0.10.
                    <SU>18</SU>
                    <FTREF/>
                     Any and all new series of Commodity-Based Fund Share options that the Exchange lists will be consistent and comply with the expirations, strike prices, and minimum increments set forth in Rules 19.6 and 21.5, as applicable.
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         The Exchange notes that for options listed pursuant to the Short Term Option Series Program, Rule 19.6, Interpretation and Policy .05 sets forth intervals between strike prices for Short Term Option Series.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6, Interpretations and Policies .01 and .02.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6, Interpretation and Policy .06.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6, Interpretation and Policy .03.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6(d)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         If options on a Commodity-Based Fund Share are eligible to participate in the Penny Interval Program, the minimum increment will be $0.01 for series with a price below $3.00 and $0.05 for series with a price at or above $3.00. 
                        <E T="03">See</E>
                         21.5(d) (which describes the requirements for the Penny Interval Program).
                    </P>
                </FTNT>
                <P>Options on a Commodity-Based Trust Share will trade in the same manner as options on other ETFs on the Exchange. The Exchange Rules that currently apply to the listing and trading of all Fund Share options on the Exchange, including, for example, Rules that govern listing criteria, expirations, exercise prices, minimum increments, position and exercise limits, margin requirements, customer accounts, and trading halt procedures will apply to the listing and trading of options on Commodity-Based Trust Shares on the Exchange in the same manner as they apply to other options on all other Fund Shares that are listed and traded on the Exchange.</P>
                <P>
                    Position and exercise limits for options, including options on a Commodity-Based Trust Share, are determined pursuant to Rules 18.7 and 18.9, respectively, which refer to position and exercise limits fixed by Cboe Exchange, Inc. (“Cboe Options”).
                    <SU>19</SU>
                    <FTREF/>
                     Pursuant to Cboe Options Rule 8.30 and 8.42, position and exercise limits for options on ETFs vary according to the number of outstanding shares and the trading volumes of the underlying security over the past six months, where the largest in capitalization and the most frequently traded funds have an option position and exercise limit of 250,000 contracts (with adjustments for splits, re-capitalizations, etc.) on the same side of the market; and smaller capitalization funds have position and exercise limits of 200,000, 75,000, 50,000 or 25,000 contracts (with adjustments for splits, re-capitalizations, 
                    <PRTPAGE P="12841"/>
                    etc.) on the same side of the market.
                    <SU>20</SU>
                    <FTREF/>
                     Further, the Exchange notes that Rule 28.3, which governs margin requirements applicable to the trading of all options on the Exchange, including options on ETFs, will also apply to the trading of options on a Commodity-Based Trust Share
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         Cboe Options submitted a separate substantively identical proposal to list options on Commodity-Based Trust Shares.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See</E>
                         Cboe Options Rule 8.30, Interpretation and Policy .02.
                    </P>
                </FTNT>
                <P>
                    The Exchange represents it has an adequate surveillance program in place for options and intends to apply those same program procedures to options on Commodity-Based Fund Shares that it applies to the Exchange's other options products.
                    <SU>21</SU>
                    <FTREF/>
                     The Exchange believes that existing surveillance procedures are designed to deter and detect possible manipulative behavior which might potentially arise from listing and trading the proposed options on Commodity-Based Trust Shares. Additionally, the Exchange is a member of the Intermarket Surveillance Group (“ISG”) under the Intermarket Surveillance Group Agreement. ISG members work together to coordinate surveillance and investigative information sharing in the stock, options, and futures markets. In addition, the Exchange has a Regulatory Services Agreement with the Financial Industry Regulatory Authority (“FINRA”) for certain market surveillance, investigation and examinations functions. Pursuant to a multi-party 17d-2 joint plan, all options exchanges allocate amongst themselves and FINRA responsibilities to conduct certain options-related market surveillance that are common to rules of all options exchanges.
                    <SU>22</SU>
                    <FTREF/>
                     Further, the Exchange will implement any new surveillance procedures it deems necessary to effectively monitor the trading of options on Commodity-Based Fund Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         The surveillance program includes surveillance patterns for price and volume movements as well as patterns for potential manipulation (
                        <E T="03">e.g.,</E>
                         spoofing and marking the close).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         Section 19(g)(1) of the Act, among other things, requires every self-regulatory organization (“SRO”) registered as a national securities exchange or national securities association to comply with the Act, the rules and regulations thereunder, and the SRO's own rules, and, absent reasonable justification or excuse, enforce compliance by its members and persons associated with its members. 
                        <E T="03">See</E>
                         15 U.S.C. 78q(d)(1) and 17 CFR 240.17d-2. Section 17(d)(1) of the Act allows the Commission to relieve an SRO of certain responsibilities with respect to members of the SRO who are also members of another SRO (“common members”). Specifically, Section 17(d)(1) allows the Commission to relieve an SRO of its responsibilities to: (i) receive regulatory reports from such members; (ii) examine such members for compliance with the Act and the rules and regulations thereunder, and the rules of the SRO; or (iii) carry out other specified regulatory responsibilities with respect to such members.
                    </P>
                </FTNT>
                <P>The Exchange has also analyzed its capacity and represents that it believes the Exchange and the Options Price Reporting Authority (“OPRA”) have the necessary systems capacity to handle the additional traffic associated with the listing of new series of ETFs, including on Commodity-Based Trust Shares, up to the number of expirations currently permissible under the Rules. The Exchange believes any additional traffic generated from the trading of options on Commodity-Based Trust Shares would be manageable. The Exchange represents that Exchange members will not have a capacity issue as a result of this proposed rule change.</P>
                <P>
                    Further, quotation and last sale information for Commodity-Based Trust Shares is available via the Consolidated Tape Association (“CTA”) high speed line. Quotation and last sale information for such securities is also available from the exchange on which such securities are listed. Quotation and last sale information for options on Commodity-Based Fund Shares will be available via OPRA 
                    <SU>23</SU>
                    <FTREF/>
                     and major market data vendors.
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         Last sale reports and quotations are the core of the information that OPRA disseminates. OPRA also disseminates certain other types of information with respect to the trading of options on the markets of the OPRA participants, such as the number of options contracts traded, open interest and end of day summaries. OPRA also disseminates certain kinds of administrative messages.
                    </P>
                </FTNT>
                <P>
                    The Exchange notes that the Commission has previously approved generic listing standards pursuant to Rule 19b-4(e) of the Act 
                    <SU>24</SU>
                    <FTREF/>
                     for ETFs based on indexes that consist of stocks listed on U.S. exchanges.
                    <SU>25</SU>
                    <FTREF/>
                     In addition, the Commission has previously approved proposals for the listing and trading of options on ETFs based on international indexes as well as global indexes (
                    <E T="03">e.g.,</E>
                     based on non-U.S. and U.S. component stocks).
                    <SU>26</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         17 CFR 240.19b-4(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 54739 (November 9, 2006), 71 FR 66993 (November 17, 2006) (SR-AMEX-2006-78) (approval order relating to generic listing standards for ETFs based on international or global indexes).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Securities Exchange Act Release Nos. 56778 (November 9, 2007), 72 FR 65113 (November 19, 2007) (SR-AMEX-2007-100) (approval order to list and trade options on iShares MSCI Mexico Index Fund); and 55648 (April 19, 2007), 72 FR 20902 (April 26, 2007) (SR-AMEX-2007-09) (approval order to list and trade options on Vanguard Emerging Markets ETF); 
                        <E T="03">see also</E>
                         Securities Exchange Act Release Nos. 50189 (August 12, 2004), 69 FR 51723 (August 20, 2004) (SR-AMEX-2001-05) (approving the listing and trading of certain Vanguard International Equity Index Funds); and 44700 (August 14, 2001), 66 FR 43927 (August 21, 2001) (SR-2001-34) (approving the listing and trading of series of the iShares Trust based on foreign stock indexes).
                    </P>
                </FTNT>
                <P>
                    In approving Commodity-Based Trust Shares for equities exchange trading, the Commission thoroughly considered the structure of the Commodity-Based Trust Shares, their usefulness to investors and to the markets, and self-regulatory organization rules that govern their trading. The Exchange believes that allowing the listing of options overlying Commodity-Based Trust Shares that are listed pursuant to Commission approval on equities exchanges and applying Rule 19b-4(e) 
                    <SU>27</SU>
                    <FTREF/>
                     should fulfill the intended objective of that rule by allowing options on those Commodity-Based Trust Shares that have satisfied the generic listing standards to commence trading, without the need for the public comment period and Commission approval. The proposed rule change has the potential to significantly reduce the time and costs associated with bringing options on Commodity-Based Trust Shares to market, thereby reducing the burden on issuers and other market participants, while also promoting competition among options exchanges, to the benefit of the investing public. The failure of a particular Commodity-Based Trust Share to comply with the generic listing standards under Rule 19b-4(e) 
                    <SU>28</SU>
                    <FTREF/>
                     would not, however, preclude the Exchange from submitting a separate filing pursuant to Section 19(b)(2) 
                    <SU>29</SU>
                    <FTREF/>
                     requesting Commission approval to list and trade options on a particular Commodity-Based Trust Share.
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         17 CFR 240.19b-4(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         15 U.S.C. 78s(b)(2).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the “Act”) and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.
                    <SU>30</SU>
                    <FTREF/>
                     Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>31</SU>
                    <FTREF/>
                     requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with 
                    <PRTPAGE P="12842"/>
                    the Section 6(b)(5) 
                    <SU>32</SU>
                    <FTREF/>
                     requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    In particular, the Exchange believes the proposal will remove impediments to and perfect the mechanism of a free and open market and a national market system because it would allow the Exchange to immediately list and trade options on Commodity-Based Trust Shares, provided the initial listing criteria has been met, without requiring additional approvals from the Commission.
                    <SU>33</SU>
                    <FTREF/>
                     Commodity-Based Trust Shares are securities approved for trading by the Commission. The Exchange believes that allowing options on qualifying Commodity-Based Trust Shares soon after the listing of such underlying security in the primary market will benefit investors and the public interest as it will afford market participants the opportunity to hedge their positions in the underlying ETF in a timely manner. Given the potential to reduce the time to market for options on Commodity-Based Trust Shares, the proposed rule change will also reduce the burdens on issuers and other market participants, while also promoting competition among options exchanges to the benefit of the investing public. This proposal will enable the listing of options on Commodity-Based Trust Shares in the same manner as other securities listed and traded on the Exchange. The Exchange notes that most ETFs are eligible for options trading without the need for additional approvals, provided the ETFs meet the initial listing criteria. Accordingly, the proposed rule change would align the treatment of Commodity-Based Trust Shares with other ETFs for purposes of options trading, which would add internal consistency to Exchange rules.
                </P>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         As noted herein, the Exchange believes this proposal is consistent with the OCC's determination that, based on a staff advisory from the CFTC, the “it no longer needs to seek product-by-product exemptive relief from the CFTC to clear spot commodity-based ETF products.” 
                        <E T="03">See supra</E>
                         note 5.
                    </P>
                </FTNT>
                <P>The Exchange believes that the proposed rule change will facilitate the listing and trading of options on additional ETFs that will enhance competition among market participants, to the benefit of investors and the marketplace. Like options on any other securities, options on Commodity-Based Trust Shares will provide investors with the ability to hedge exposure to the underlying security. The Exchange believes that offering options on Commodity-Based Trust Shares will benefit investors by providing them with a relatively lower-cost risk management tool, which will allow them to manage their positions and associated risk in their portfolios more easily in connection with exposure to the price of a commodity. Additionally, the Exchange's offering of options on Commodity-Based Trust Shares will provide investors with the ability to transact in such options in a listed market environment as opposed to in the unregulated over-the-counter market, which would increase market transparency and enhance the process of price discovery conducted on the Exchange through increased order flow to the benefit of all investors.</P>
                <P>
                    As noted herein, the Exchange already lists options on other commodity-based ETFs,
                    <SU>34</SU>
                    <FTREF/>
                     which are trusts structured in substantially the same manner as Commodity-Based Trust Shares. The Exchange has not identified any issues with the continued listing and trading of options on Commodity-Based Trust Shares. The Exchange also believes the proposed rule change will remove impediments to and perfect the mechanism of a free and open market and a national market system, because it is consistent with current Exchange Rules previously filed with the Commission. Options on Commodity-Based Trust Shares must satisfy the initial listing standards and continued listing standards currently in the Exchange Rules applicable to options on all ETFs, including ETFs that hold other commodities already deemed appropriate for options trading on the Exchange.
                    <SU>35</SU>
                    <FTREF/>
                     Options on Commodity-Based Trust Shares will trade in the same manner as any other ETF options—the same Exchange Rules that currently govern the listing and trading of options, including permissible expirations, strike prices minimum increments, position and exercise limits, and margin requirements, will govern the listing and trading of options on Commodity-Based Trust Shares in the same manner.
                </P>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         See Rule 19.3(i).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <P>
                    The Exchange believes the proposed rule change will result in increased competition as other exchanges will likely adopt an identical rule to the one proposed by the Exchange that would allow the listing and trading of options on Commodity-Based Trust Shares that are approved for trading on those other markets.
                    <SU>36</SU>
                    <FTREF/>
                     Multiple listing of ETFs, options and other securities and competition are some of the central features of the national market system. The Exchange believes that the proposal would encourage a more open market and national market system based on competition and multiple listing. The Exchange represents that it has the necessary systems capacity to support the listing and trading of options on Commodity-Based Trust Shares as the Exchange lists these products today, except that it requires additional approvals prior to listing. The Exchange believes that its existing surveillance and reporting safeguards are designed to deter and detect possible manipulative behavior which might arise from listing and trading of options on Commodity-Based Trust Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         
                        <E T="03">See supra</E>
                         note 4.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, the Exchange believes that the proposal is pro-competitive and is a competitive response to the Exchange's inability to list options on Commodity-Based Trust Shares without submitting a separate proposed rule change. The Exchange believes the proposed rule change will result in additional investment options and opportunities to achieve the investment objectives of market participants seeking efficient trading and hedging vehicles, to the benefit of investors, market participants, and the marketplace in general. Competition is one of the principal features of the national market system. The Exchange believes that this proposal will expand competitive opportunities to list and trade products on the Exchange as noted.</P>
                <P>The Exchange does not believe the proposal will impose any burden on intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act because Commodity-Based Trust Shares, like any other ETF, would have to satisfy the Exchange's initial listing standards to be eligible for options trading. Additionally, the proposed rule change would apply to all market participants in the same manner as options on Commodity-Based Trust Shares will be equally available to all market participants who wish to trade such options.</P>
                <P>
                    The Exchange does not believe the proposal will impose any burden on inter-market competition that is not necessary or appropriate in furtherance of the purposes of the Act, as nothing prevents the other options exchanges from proposing similar rules to list and trade options on Commodity-Based Trust Shares. As noted herein, other options exchanges have submitted 
                    <PRTPAGE P="12843"/>
                    proposed rule changes to adopt identical rules to permit the listing and trading of options on Commodity-Based Trust Shares without submitting a separate proposed rule change.
                    <SU>37</SU>
                    <FTREF/>
                     Furthermore, the Exchange notes that listing and trading options on a Commodity-Based Trust Share on the Exchange will subject such options to transparent exchange-based rules as well as price discovery and liquidity, as opposed to alternatively trading such options in the OTC market. The Exchange believes that the proposed rule change may relieve any burden on, or otherwise promote, competition as it is designed to increase competition for order flow on the Exchange in a manner that is beneficial to investors by providing them with a lower-cost option to hedge their investment portfolios in a timely manner.
                </P>
                <FTNT>
                    <P>
                        <SU>37</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received written comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Within 45 days of the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                     or within such longer period up to 90 days (i) as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the Exchange consents, the Commission will:
                </P>
                <P>A. by order approve or disapprove such proposed rule change, or</P>
                <P>B. institute proceedings to determine whether the proposed rule change should be disapproved.</P>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-CboeEDGX-2025-018 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-CboeEDGX-2025-018. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-CboeEDGX-2025-018 and should be submitted on or before April 9, 2025.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>38</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>38</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04504 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Investment Company Act Release No. 35498; 812-15682]</DEPDOC>
                <SUBJECT>Columbia Credit Income Opportunities Fund and Columbia Management Investment Advisers, LLC</SUBJECT>
                <DATE>March 14, 2025.</DATE>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Securities and Exchange Commission (“Commission” or “SEC”).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <P>Notice of an application under section 6(c) of the Investment Company Act of 1940 (the “Act”) for an exemption from sections 18(a)(2), 18(c) and 18(i) of the Act, under sections 6(c) and 23(c) of the Act for an exemption from rule 23c-3 under the Act, and for an order pursuant to section 17(d) of the Act and rule 17d-1 under the Act.</P>
                <PREAMHD>
                    <HD SOURCE="HED">Summary of Application:</HD>
                    <P>Applicants request an order to permit certain registered closed-end investment companies to issue multiple classes of shares and to impose asset-based distribution and/or service fees and early withdrawal charges.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Applicants:</HD>
                    <P>Columbia Credit Income Opportunities Fund and Columbia Management Investment Advisers, LLC.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Filing Dates:</HD>
                    <P>The application was filed on December 31, 2024, and amended on February 12, 2025.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Hearing or Notification of Hearing:</HD>
                    <P>
                        An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing on any application by emailing the SEC's Secretary at 
                        <E T="03">Secretarys-Office@sec.gov</E>
                         and serving the Applicants with a copy of the request by email, if an email address is listed for the relevant Applicant below, or personally or by mail, if a physical address is listed for the relevant Applicant below. Hearing requests should be received by the Commission by 5:30 p.m. on April 8, 2025, and should be accompanied by proof of service on the Applicants, in the form of an affidavit, or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by emailing the Commission's Secretary.
                    </P>
                </PREAMHD>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Commission: 
                        <E T="03">Secretarys-Office@sec.gov.</E>
                         Applicants: Ryan C. Larrenaga, Esq., Columbia Management Investment Advisers, LLC, 
                        <E T="03">ryan.c.larrenaga@columbiathreadneedle.com,</E>
                         and Joseph D'Alessandro, Esq., Columbia Management Investment Advisers, LLC, 
                        <E T="03">joseph.l.dalessandro@ampf.com,</E>
                         with copies to Brian D. McCabe, Esq., Ropes &amp; Gray LLP, 
                        <E T="03">brian.mccabe@ropesgray.com,</E>
                         and Angela C. Jaimes, Esq., Ropes &amp; Gray LLP, 
                        <E T="03">angela.jaimes@ropesgray.com.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Trace W. Rakestraw, Senior Special Counsel, at (202) 551-6825 (Division of 
                        <PRTPAGE P="12844"/>
                        Investment Management, Chief Counsel's Office).
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    For Applicants' representations, legal analysis, and conditions, please refer to Applicants' application, dated February 12, 2025, which may be obtained via the Commission's website by searching for the file number at the top of this document, or for an Applicant using the Company name search field on the SEC's EDGAR system. The SEC's EDGAR system may be searched at 
                    <E T="03">https://www.sec.gov/edgar/searchedgar/companysearch.</E>
                     You may also call the SEC's Office of Investor Education and Advocacy at (202) 551-8090.
                </P>
                <SIG>
                    <P>For the Commission, by the Division of Investment Management, under delegated authority.</P>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04644 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102671; File No. SR-MIAX-2025-09]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule To Adopt New Fee Categories for the Exchange's Proprietary Market Data Feeds</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 13, 2025, Miami International Securities Exchange, LLC (“Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Item I below, which Item has been substantially prepared by the Exchange. The Exchange has designated this proposal for immediate effectiveness pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>3</SU>
                    <FTREF/>
                     and Rule 19b-4(f) thereunder.
                    <SU>4</SU>
                    <FTREF/>
                     The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         17 CFR 240.19b-4(f). At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>The Exchange proposes to amend the MIAX Options Exchange Fee Schedule (the “Fee Schedule”) to, among other things, adopt new fee categories for the Exchange's proprietary market data feeds: (1) the Top of Market (“ToM”) feed, (2) the Complex Top of Market feed (“cToM”), (3) the Administrative Information Subscriber feed (“AIS”), and (4) the MIAX Order Feed (“MOR”) (collectively, the “market data feeds”).</P>
                <P>
                    The proposed rule change, including the Exchange's statement of the purpose of, and statutory basis for, the proposed rule change, is available on the Exchange's website at 
                    <E T="03">https://www.miaxglobal.com/markets/us-options/miax-options/rule-filings</E>
                     and on the Commission's website at 
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-MIAX-2025-09.</E>
                </P>
                <HD SOURCE="HD1">II. Solicitation of Comments</HD>
                <P>
                    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act.
                    <SU>5</SU>
                    <FTREF/>
                     Comments may be submitted electronically by using the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-MIAX-2025-09</E>
                    ) or by sending an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-MIAX-2025-09 on the subject line. Alternatively, paper comments may be sent to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to file number SR-MIAX-2025-09. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-MIAX-2025-09</E>
                    ). Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-MIAX-2025-09 and should be submitted on or before April 9, 2025.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange.
                    </P>
                </FTNT>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>6</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04518 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102654; File No. SR-NSCC-2025-002]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; National Securities Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Clearing Agency Risk Management Framework</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 10, 2025, National Securities Clearing Corporation (“NSCC”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been prepared by the clearing agency. NSCC filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>3</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(4) thereunder.
                    <SU>4</SU>
                    <FTREF/>
                     The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         17 CFR 240.19b-4(f)(4).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Clearing Agency's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    The proposed rule change of National Securities Clearing Corporation 
                    <PRTPAGE P="12845"/>
                    (“NSCC”) as provided in Exhibit 5 amends the Clearing Agency Risk Management Framework (“Risk Management Framework” or “Framework”) of NSCC and its affiliates, The Depository Trust Company (“DTC”) and Fixed Income Clearing Corporation (“FICC,” and together with NSCC, the “CCPs” and the CCPs together with DTC, the “Clearing Agencies”). Specifically, the proposed rule change would amend the Risk Management Framework to make changes to clarify and update the Framework. The proposed changes would update and clarify (a) the quarterly review escalation process, (b) the annual review process as it relates to “done-away” clearing activity, (c) removal of references to Systemic Risk Council, and (d) other immaterial changes for clarification purposes.
                </P>
                <P>
                    The proposed rule change, including the Clearing Agency's statement of the purpose of, and statutory basis for, the proposed rule change, is available on the Clearing Agency's website at 
                    <E T="03">https://www.dtcc.com/legal/sec-rule-filings</E>
                     and on the Commission's website at 
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/NSCC?file_number=SR-NSCC-2025-002.</E>
                </P>
                <HD SOURCE="HD1">II. Solicitation of Comments</HD>
                <P>
                    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act.
                    <SU>5</SU>
                    <FTREF/>
                     Comments may be submitted electronically by using the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-NSCC-2025-002</E>
                    ) or by sending an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-NSCC-2025-002 on the subject line. Alternatively, paper comments may be sent to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to file number SR-NSCC-2025-002. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-NSCC-2025-002</E>
                    ). Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to File Number SR-NSCC-2025-002 and should be submitted on or before April 9, 2025.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of SRO.
                    </P>
                </FTNT>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>6</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04508 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102665; File No. 4-698]</DEPDOC>
                <SUBJECT>Joint Industry Plan; Notice of Filing of Amendment to the National Market System Plan Governing the Consolidated Audit Trail Regarding the Proposed Customer and Account Information System Amendment</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <HD SOURCE="HD1">I. Introduction</HD>
                <P>
                    On March 7, 2025, the Consolidated Audit Trail, LLC (“CAT LLC”), on behalf of the following parties to the National Market System Plan Governing the Consolidated Audit Trail (the “CAT NMS Plan” or “Plan”): 
                    <SU>1</SU>
                    <FTREF/>
                     BOX Exchange LLC; Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc., Cboe C2 Exchange, Inc., Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc., Cboe Exchange, Inc., Financial Industry Regulatory Authority, Inc., Investors Exchange LLC, Long-Term Stock Exchange, Inc., MEMX, LLC, Miami International Securities Exchange LLC, MIAX Emerald, LLC, MIAX PEARL, LLC, MIAX Sapphire, LLC, Nasdaq BX, Inc., Nasdaq GEMX, LLC, Nasdaq ISE, LLC, Nasdaq MRX, LLC, Nasdaq PHLX LLC, The NASDAQ Stock Market LLC, New York Stock Exchange LLC, NYSE American LLC, NYSE Arca, Inc., NYSE Chicago, Inc., and NYSE National, Inc. (collectively, the “Participants,” “self-regulatory organizations,” or “SROs”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) pursuant to Section 11A(a)(3) of the Securities Exchange Act of 1934 (“Exchange Act”),
                    <SU>2</SU>
                    <FTREF/>
                     and Rule 608 thereunder,
                    <SU>3</SU>
                    <FTREF/>
                     a proposed amendment to the CAT NMS Plan to reduce the amount of Customer 
                    <SU>4</SU>
                    <FTREF/>
                     information in the CAT Customer and Account Information System (the “CAIS Amendment”).
                    <FTREF/>
                    <SU>5</SU>
                      
                    <E T="03">Exhibit A</E>
                     sets forth the cumulative changes proposed to be made to the CAT NMS Plan. The Commission is publishing this notice to solicit comments from interested persons on the proposed CAIS Amendment.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         In July 2012, the Commission adopted Rule 613 of Regulation NMS, which required the Participants to jointly develop and submit to the Commission a national market system plan to create, implement, and maintain a consolidated audit trail (the “CAT”). 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 67457 (July 18, 2012), 77 FR 45722 (Aug. 1, 2012 (“Rule 613 Adopting Release”); 17 CFR 242.613. On November 15, 2016, the Commission approved the CAT NMS Plan. 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 78318 (Nov. 15, 2016), 81 FR 84696 (Nov. 23, 2016) (“CAT NMS Plan Approval Order”). The CAT NMS Plan is Exhibit A to the CAT NMS Plan Approval Order. See CAT NMS Plan Approval Order, at 84943-85034.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         15 U.S.C 78k-1(a)(3).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         17 CFR 242.608.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         A “Customer” means “the account holder(s) of the account at a registered broker-dealer originating the order; and any person from whom the broker-dealer is authorized to accept trading instructions for such account, if different from the account holder(s). 
                        <E T="03">See</E>
                         CAT NMS Plan, 
                        <E T="03">supra</E>
                         note 1 at Section 1.1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Letter from Brandon Becker, CAT NMS Plan Operating Committee Chair, to Vanessa Countryman, Secretary, Commission, dated March 7, 2025 (“Transmittal Letter”).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Description of the Plan</HD>
                <P>
                    Set forth in this Section II is the description of the proposed CAIS Amendment, along with information required by Rule 608(a) under the Exchange Act,
                    <SU>6</SU>
                    <FTREF/>
                     as prepared and submitted by the Participants to the Commission.
                    <SU>7</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         17 CFR 242.608(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Transmittal Letter, 
                        <E T="03">supra</E>
                         note 5. Unless otherwise defined herein, capitalized terms used herein are defined as set forth in the CAT NMS Plan.
                    </P>
                </FTNT>
                <P>
                    On February 10, 2025, the SEC published an order (the “CAIS Exemption Order”) granting 
                    <E T="03">sua sponte</E>
                     exemptive relief from certain requirements of the CAT NMS Plan related to the reporting of names, addresses and years of birth for natural persons reported with transformed social security numbers (“SSNs”)/individual tax payer identification numbers (“ITINs”) to the Customer and 
                    <PRTPAGE P="12846"/>
                    Account Information System (“CAIS”).
                    <SU>8</SU>
                    <FTREF/>
                     Under the CAIS Exemption Order, the Participants must continue to require Industry Members, through their CAT Compliance Rules, to report to the Central Repository other required Customer information, including a transformed value for the SSN/ITIN and the Firm Designated ID (“FDID”) for accounts of such natural persons.
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102386 (Feb. 10, 2025), 90 FR 9642 (Feb. 14, 2025), 
                        <E T="03">https://www.sec.gov/files/rules/sro/nms/2025/34-102386.pdf.</E>
                    </P>
                </FTNT>
                <P>CAT LLC believes that there are additional steps that would reduce the amount of Customer information in the CAT and achieve significant annual savings in CAT operating costs. Therefore, CAT LLC respectfully submits this CAIS Amendment to codify and build on the CAIS Exemption Order in the following ways:</P>
                <P>• First, while the CAIS Exemption Order applies to the reporting of the exempted Customer information going forward, this CAIS Amendment would require the deletion of previously reported Customer information already in the CAT.</P>
                <P>• Second, while the CAIS Exemption Order is permissive, allowing Industry Members to choose whether to continue reporting the exempted Customer information to the CAT (and therefore requiring the CAT to continue to be prepared to accept that information), this CAIS Amendment would prohibit the continued reporting of the exempted Customer information to the CAT.</P>
                <P>• Third, while the CAIS Exemption Order applies to some natural persons, this CAIS Amendment would cover all natural persons (including, for example, foreign natural persons that are not reported with transformed SSNs or ITINs) and all legal entity Customers.</P>
                <P>
                    • Fourth, while the CAIS Exemption Order would not result in cost savings, the CAIS Amendment would allow CAT LLC to achieve an estimated $12 million in annual cost savings.
                    <SU>9</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         All cost savings projections provided in this CAIS Amendment are the Plan Processor's best estimates based on costs actually incurred in 2024 (“2024 Actuals”) and are subject to change based on ongoing improvements to AWS that may reduce current AWS costs.
                    </P>
                </FTNT>
                <P>
                    CAT LLC respectfully urges the Commission to approve this CAIS Amendment expeditiously in order to build on the CAIS Exemption Order to further address the considerations cited by the SEC in the CAIS Exemption Order 
                    <SU>10</SU>
                    <FTREF/>
                     while also facilitating significant annual cost savings.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         CAIS Exemption Order at 9643-44 (noting that the CAIS Exemption Order would ensure “the protection of individual investors' PII” in light of “the increasing sophistication of cybercriminals and bad actors”).
                    </P>
                </FTNT>
                <P>
                    Specifically, CAT LLC proposes to amend the CAT NMS Plan to (i) formally incorporate and codify the existing CCID Exemption Order to the CAT NMS Plan,
                    <SU>11</SU>
                    <FTREF/>
                     which was published by the SEC on March 17, 2020, and has since prohibited Industry Members from reporting SSNs/ITINs, dates of birth, and account numbers to the CAT, and (ii) newly eliminate requirements that Industry Members report Customer names, Customer addresses, account names, account addresses, years of birth, and authorized trader names (collectively, “Name, Address, and YOB”) to the CAT ((i) and (ii), together, the “Proposed Changes”).
                    <SU>12</SU>
                    <FTREF/>
                     The Proposed Changes would apply to all Customers—including all natural person Customers and all legal entity Customers—at both the Customer and account level.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 88393 (Mar. 17, 2020), 85 FR 16152 (Mar. 20, 2020), 
                        <E T="03">https://www.govinfo.gov/content/pkg/FR-2020-03-20/pdf/2020-05935.pdf</E>
                         (“CCID Exemption Order”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         The Plan Processor would make conforming changes to the CAT Reporting Customer &amp; Account Technical Specifications for Industry Members to eliminate any fields related to the Proposed Changes.
                    </P>
                </FTNT>
                <P>As discussed in more detail herein, the CAIS Amendment should be approved because:</P>
                <P>
                    • The Proposed Changes would allow CAT LLC to achieve significant cost savings of approximately $12 million per year as compared to 2024 Actuals, which would materially advance CAT LLC's ongoing efforts to reduce CAT operating costs.
                    <SU>13</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         Last year, CAT LLC proposed, and the Commission approved, separate cost savings amendments that are expected to result in approximately $21 million in new annual cost savings in the first year with limited impact on the regulatory function of the CAT, which cost savings were estimated based on then-estimated 2024 costs. 
                        <E T="03">See</E>
                         Order Approving Amendments to the National Market System Plan Governing the Consolidated Audit Trail Designed to Implement Cost Savings Measures, Securities Exchange Act Release No. 101901 (Dec. 12, 2024), 89 FR 103033 (Dec. 18, 2024).
                    </P>
                </FTNT>
                <P>
                    • In addition to cost savings, the Proposed Changes would build on the CCID Exemption Order and the CAIS Exemption Order by affirmatively eliminating Name, Address, and YOB from the CAT while preserving regulators' ability to conduct cross-market, cross-broker, and cross-account surveillance of an individual Customer through a unique Customer-ID, which was one of the primary regulatory purposes of SEC Rule 613.
                    <SU>14</SU>
                    <FTREF/>
                     As was the case prior to CAT, regulatory users could contact Industry Members directly to obtain any sensitive Customer information, including Names, Addresses, and YOBs.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See, e.g.</E>
                         Securities Exchange Act Release No. 67457 (July 18, 2012), 77 FR 45722, 45757 (Aug. 1, 2012) (“CAT Adopting Release”) (“The Commission . . . believes that unique customer identifiers are vital to the effectiveness of the consolidated audit trail. The inclusion of unique customer identifiers should greatly facilitate the identification of the orders and actions attributable to particular customers and thus substantially enhance the efficiency and effectiveness of the regulatory oversight provided by the SROs and the Commission. Without the inclusion of unique customer identifiers, many of the benefits of a consolidated audit trail . . . would not be achievable.”); CCID Exemption Order at 16156 n.78 (“[I]n the Commission's view, without the Customer-ID, the value and usefulness of the CAT would be significantly diminished.”).
                    </P>
                </FTNT>
                <P>• Because the Proposed Changes would allow CAT LLC to achieve significant cost savings and would eliminate Name, Address, and YOB from the CAT while preserving the core regulatory objectives of SEC Rule 613, the benefits of the Proposed Changes significantly outweigh their costs, and CAT LLC strongly urges the Commission to approve the CAIS Amendment.</P>
                <P>
                    The proposed changes to the CAT NMS Plan to implement the CAIS Amendment are set forth in 
                    <E T="03">Exhibit A</E>
                     to this filing.
                </P>
                <HD SOURCE="HD1">Requirements Pursuant to Rule 608(a)</HD>
                <HD SOURCE="HD2">A. Description of the Proposed Amendments to the CAT NMS Plan</HD>
                <HD SOURCE="HD3">1. Permanently Exclude Customer Names, Addresses, and YOBs From CAT Reporting</HD>
                <HD SOURCE="HD3">a. CAT Reporting Requirements</HD>
                <P>
                    Under the CAT NMS Plan, the Participants must require Industry Members to report Customer Identifying Information and Customer Account Information to the CAT for each of their Customers.
                    <SU>15</SU>
                    <FTREF/>
                     Customer Identifying Information is defined in Section 1.1 of the CAT NMS Plan to mean:
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Sections 6.4(d)(ii)(C) and 6.4(d)(iv) of the CAT NMS Plan.
                    </P>
                </FTNT>
                <EXTRACT>
                    <FP>
                        information of sufficient detail to identify a Customer, including, but not limited to, (a) with respect to individuals: name, address, date of birth, individual tax payer identification number (“ITIN”)/social security number (“SSN”), individual's role in the account (
                        <E T="03">e.g.,</E>
                         primary holder, joint holder, guardian, trustee, person with the power of attorney); and (b) with respect to legal entities: name, address, Employer Identification Number (“EIN”)/Legal Entity Identifier (“LEI”) or other comparable common entity identifier, if applicable; provided, however, that an Industry Member that has an LEI for a Customer must submit the Customer's LEI in addition to other information of sufficient detail to identify a Customer.
                        <SU>16</SU>
                        <FTREF/>
                    </FP>
                    <FTNT>
                        <P>
                            <SU>16</SU>
                             Section 1.1 of the CAT NMS Plan.
                        </P>
                    </FTNT>
                </EXTRACT>
                <PRTPAGE P="12847"/>
                <P>Customer Account Information is defined in Section 1.1 of the CAT NMS Plan to include, but not be limited to:</P>
                <EXTRACT>
                    <FP>
                        account type, customer type, date account opened, and large trader identifier (if applicable); except, however, that (a) in those circumstances in which an Industry Member has established a trading relationship with an institution but has not established an account with that institution, the Industry Member will (i) provide the Account Effective Date in lieu of the “date account opened”; (ii) provide the relationship identifier in lieu of the “account number”; and (iii) identify the “account type” as a “relationship”; (b) in those circumstances in which the relevant account was established prior to the implementation date of the CAT NMS Plan applicable to the relevant CAT Reporter (as set forth in Rule 613(a)(3)(v) and (vi)), and no “date account opened” is available for the account, the Industry Member will provide the Account Effective Date in the following circumstances: (i) where an Industry Member changes back office providers or clearing firms and the date account opened is changed to the date the account was opened on the new back office/clearing firm system; (ii) where an Industry Member acquires another Industry Member and the date account opened is changed to the date the account was opened on the post-merger back office/clearing firm system; (iii) where there are multiple dates associated with an account in an Industry Member's system, and the parameters of each date are determined by the individual Industry Member; and (iv) where the relevant account is an Industry Member proprietary account.
                        <SU>17</SU>
                        <FTREF/>
                    </FP>
                    <FTNT>
                        <P>
                            <SU>17</SU>
                             Section 1.1 of the CAT NMS Plan.
                        </P>
                    </FTNT>
                </EXTRACT>
                <P>
                    Accordingly, as originally approved by the Commission, the CAT NMS Plan requires the CAT to capture and store certain Customer Identifying Information and Customer Account Information in the Central Repository, including social security numbers, dates of birth, and account numbers.
                    <SU>18</SU>
                    <FTREF/>
                     In 2018, the Participants submitted a request for exemptive relief from certain reporting provisions of the CAT NMS Plan (the “CCID Exemption Request”).
                    <SU>19</SU>
                    <FTREF/>
                     The CCID Exemption Request was the product of close coordination between the Participants, Industry Members, and the Commission to develop alternatives to reporting Customer information while maintaining sufficient information to preserve CAT's intended regulatory uses. The Commission granted the CCID Exemption Request on March 17, 2020,
                    <SU>20</SU>
                    <FTREF/>
                     which is described in more detail below.
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         Section 9.1 of Appendix D of the CAT NMS Plan.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See</E>
                         Letter from Michael Simon, CAT NMS Plan Operating Committee Chair, to Vanessa Countryman, Secretary, Commission (Jan. 29, 2020), 
                        <E T="03">https://www.catnmsplan.com/sites/default/files/2020-02/Amended-Exemptive-Request-CCID-and-Modified-PII-Approaches%28Final%29.pdf.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See supra</E>
                         note 11.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">b. CCID Exemption Order</HD>
                <P>
                    On March 17, 2020, the Commission granted exemptive relief related to the reporting of SSNs/ITINs, dates of birth, and account numbers to the CAT. The CCID Exemption Order allows the Plan Processor to generate a unique identifier for a Customer, called a CAT Customer-ID (“CCID”), using a two-phase transformation process that avoids the requirement to have SSNs/ITINs reported to the CAT as originally contemplated by SEC Rule 613 and the CAT NMS Plan. In addition, instead of reporting dates of birth and account numbers, Industry Members are required to report years of birth and FDIDs.
                    <SU>21</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         The term “Firm Designated ID” is defined in the CAT NMS Plan as: “(1) a unique and persistent identifier for each trading account designated by Industry Members for purposes of providing data to the Central Repository provided, however, such identifier may not be the account number for such trading account if the trading account is not a proprietary account; (2) a unique and persistent relationship identifier when an Industry Member does not have an account number available to its order handling and/or execution system at the time of order receipt, provided, however, such identifier must be masked; or (3) a unique and persistent entity identifier when an employee of an Industry Member is exercising discretion over multiple client accounts and creates an aggregated order for which a trading account number of the Industry Member is not available at the time of order origination, where each such identifier is unique among all identifiers from any given Industry Member.” Section 1.1 of the CAT NMS Plan.
                    </P>
                </FTNT>
                <P>
                    The CAIS Amendment would incorporate the CCID Exemption Order into the CAT NMS Plan and would go further by eliminating Name, Address, and YOB from the CAT while preserving one of the primary objectives of the CAT, 
                    <E T="03">i.e.,</E>
                     the ability for regulators to conduct cross-market surveillance of a specific Customer. As the Commission explained in the CCID Exemption Order:
                </P>
                <EXTRACT>
                    <FP>
                        [t]he ability to efficiently and accurately identify individual Customers will allow regulators to establish those that might be responsible for illegal conduct, or to identify those that might be the victim of fraudulent activity. Indeed, one of the hallmarks of the CAT is the ability to provide customer attribution of order and trade activity even if such trading activity spans multiple broker-dealers. Pursuant to the Plan, the identification of Customers is achieved by the creation and use of the Customer-ID, a code that uniquely and consistently identifies every Customer. The Commission continues to believe, as it did when it approved the Plan, that the ability to link the full life cycle of every order as that order travels across broker-dealers and market centers to a specific Customer through the use of a Customer-ID will greatly facilitate the regulatory and surveillance efforts of regulators. For the Commission in particular, this ability to identify a Customer through the use of a CCID will also facilitate the Commission's efforts in the areas of market reconstruction, market analysis and rule-making support. Indeed, in the Commission's view, without the Customer-ID, the value and usefulness of the CAT would be significantly diminished.
                        <SU>22</SU>
                        <FTREF/>
                    </FP>
                    <FTNT>
                        <P>
                            <SU>22</SU>
                             CCID Exemption Order at 16156 n.78.
                        </P>
                    </FTNT>
                </EXTRACT>
                <HD SOURCE="HD3">c. CAIS Exemption Order</HD>
                <P>
                    On February 10, 2025, the Commission published the CAIS Exemption Order 
                    <E T="03">sua sponte,</E>
                     granting exemptive relief related to the reporting of names, addresses, and years of birth for natural persons reported with transformed SSNs or ITINs to CAIS. Additional steps would further CAT LLC's efforts to reduce CAT operating costs and the SEC's considerations in granting the CAIS Exemption Order.
                </P>
                <P>First, CAT LLC and the Participants understand that the CAIS Exemption Order is permissive at the discretion of Industry Members (meaning that Industry Members may choose to take advantage of the exemptive relief or choose to continue reporting names, addresses, and years of birth for natural persons reported with transformed SSNs or ITINs to CAIS) and only applies to natural persons reported with transformed SSNs or ITINs, and not to natural persons reported without transformed SSNs/ITINs, including foreign nationals, or to legal entities. As a result, the Plan Processor must maintain all software that is required to continue to accept such Customer information for those Industry Members who choose to continue reporting it, as well as to support regulatory queries of Name, Address, and YOB data for non-exempted persons. Consequently, the CAIS Exemption Order will not result in any cost savings. This CAIS Amendment proposes to fully eliminate the requirement to report Names, Addresses, and YOBs for all natural person and legal entity Customers to CAIS. Doing so would permanently eliminate Name, Address, and YOB from CAT reporting while also allowing the Plan Processor to eliminate the software that is required to support regulatory queries of Name, Address, and YOB, which would result in significant annual cost savings.</P>
                <P>
                    Second, in granting its CAIS Exemption Order, the SEC cited security considerations, concluding that the benefits of reporting names, addresses, and years of birth for natural persons reported with transformed SSNs or ITINs no longer justify the potential risks.
                    <SU>23</SU>
                    <FTREF/>
                     However, the CAIS Exemption Order only applies to the reporting of such Customer information after of the date of the order, and only to the extent 
                    <PRTPAGE P="12848"/>
                    that Industry Members choose to discontinue reporting such exempted Customer information. In addition, the CAIS Exemption Order does not address the deletion of existing, previously reported Customer information currently stored in CAIS. Further, the CAIS Exemption Order does not apply to natural persons who are not reported with transformed SSNs or ITINs (
                    <E T="03">e.g.,</E>
                     foreign nationals) or legal entities. Therefore, this CAIS Amendment would build on the CAIS Exemption Order by (1) prohibiting the submission to CAIS of Names, Addresses, and YOBs for all natural person and legal entity Customers; and (2) requiring CAT LLC to direct the Plan Processor to delete from CAIS all Names, Addresses, and YOBs currently stored in the CAT.
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         
                        <E T="03">See</E>
                         CAIS Exemption Order at 9643-44.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">d. Proposed Revisions to the CAT NMS Plan</HD>
                <P>
                    To incorporate the Proposed Changes, CAT LLC proposes certain revisions to the CAT NMS Plan, including Appendix D of the CAT NMS Plan, which are described below.
                    <SU>24</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         Because the Commission has acknowledged that Appendix C was not intended to be continually updated once the CAT NMS Plan was approved, CAT LLC is not proposing to update Appendix C to reflect the proposed amendments. 
                        <E T="03">See</E>
                         Exchange Act Rel. No. 89632 (Aug. 21, 2020), 85 FR 65990 (Oct. 16, 2020).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">i. Revisions to the CAT NMS Plan</HD>
                <P>CAT LLC proposes adding certain new defined terms to Section 1.1 of the CAT NMS Plan. Specifically, CAT LLC would add new defined terms for “CAIS,” “CCID Subsystem,” and “Transformed Identifier” or “TID,” which would read as follows:</P>
                <EXTRACT>
                    <P>
                        “ `
                        <E T="03">CAIS</E>
                        ' means the customer and account information system of the CAT.
                    </P>
                    <STARS/>
                    <P>
                        <E T="03">`CCID Subsystem</E>
                        ' means the isolated subsystem of CAIS that exists solely to transform input TID values into CCID values.
                    </P>
                    <STARS/>
                    <P>
                        `
                        <E T="03">Transformed Identifier</E>
                        ' or `
                        <E T="03">TID</E>
                        ' means the transformed version of the individual tax payer identification number (`ITIN') or social security number (`SSN') submitted by Industry Members in place of an ITIN or SSN.”
                    </P>
                </EXTRACT>
                <P>CAT LLC would also add the phrase “or `CAT Customer-ID' or `CCID' ” to the current definition of “Customer-ID.” The revised definition would read as follows:</P>
                <EXTRACT>
                    <P>
                        “ `
                        <E T="03">Customer-ID</E>
                        ' or `
                        <E T="03">CAT Customer-ID</E>
                        ' or `
                        <E T="03">CCID</E>
                        ' has the same meaning provided in SEC Rule 613(j)(5).”
                    </P>
                </EXTRACT>
                <P>
                    In addition to these new defined terms, CAT LLC also proposes revising certain defined terms in the Plan to incorporate existing reporting requirements that are currently outlined in the CCID Exemption Order and to remove references to Name, Address, and YOB. First, CAT LLC proposes to eliminate from the definition of “Customer Account Information” prior references to “account number” and to insert the parenthetical phrase, “(excluding, for the avoidance of doubt, account number),” to clarify that account numbers are not reportable to the CAT pursuant to the CCID Exemption Order.
                    <SU>25</SU>
                    <FTREF/>
                     As an additional clarification, CAT LLC proposes to add the sentence, “For the avoidance of doubt, Industry Members are required to provide a Firm Designated ID in accordance with this Agreement” to the end of the definition. Additionally, CAT LLC proposes to change the defined term from “Customer Account Information” to “Account Attributes” to more accurately describe the information that can be attributed to a Customer's account under this definition. Relatedly, CAT LLC proposes to eliminate the term “Customer Account Information” and to replace that term with “Account Attributes” throughout the CAT NMS Plan.
                    <SU>26</SU>
                    <FTREF/>
                     As revised, the proposed definition of “Account Attributes” would read as follows:
                </P>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         Under the FDID definition, 
                        <E T="03">see supra</E>
                         note 21, Industry Members may elect to use an actual account number for any proprietary account of the firm when reporting an FDID.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         With respect to FAM-related defined terms, CAT LLC proposes to add a footnote in the definition of “Full Availability and Regulatory Utilization of Transactional Database Functionality” stating that “[e]ffective [DATE], `Customer Account Information' as used in the Financial Accountability Milestones (Initial Industry Member Core Equity Reporting; Full Implementation of Core Equity Reporting; Full Availability and Regulatory Utilization of Transactional Database Functionality; and Full Implementation of CAT NMS Plan Requirements) is no longer a defined term and has been superseded by the new defined term `Account Attributes'.” This language is intended to address any confusion caused by the use of “Customer Account Information” in the Plan after that defined term is changed to “Account Attributes” in Section 1.1.
                    </P>
                </FTNT>
                <EXTRACT>
                    <P>
                        “ `
                        <E T="03">Account Attributes</E>
                        ' shall include, but not be limited to, account type, customer type, date account opened, and large trader identifier (if applicable) (excluding, for the avoidance of doubt, account number); except, however, that (a) in those circumstances in which an Industry Member has established a trading relationship with an institution but has not established an account with that institution, the Industry Member will (i) provide the Account Effective Date in lieu of the `date account opened'; and (ii) identify the `account type' as a `relationship'; (b) in those circumstances in which the relevant account was established prior to the implementation date of the CAT NMS Plan applicable to the relevant CAT Reporter (as set forth in Rule 613(a)(3)(v) and (vi)), and no `date account opened' is available for the account, the Industry Member will provide the Account Effective Date in the following circumstances: (i) where an Industry Member changes back office providers or clearing firms and the date account opened is changed to the date the account was opened on the new back office/clearing firm system; (ii) where an Industry Member acquires another Industry Member and the date account opened is changed to the date the account was opened on the post-merger back office/clearing firm system; (iii) where there are multiple dates associated with an account in an Industry Member's system, and the parameters of each date are determined by the individual Industry Member; and (iv) where the relevant account is an Industry Member proprietary account. For the avoidance of doubt, Industry Members are required to provide a Firm Designated ID in accordance with this Agreement.
                    </P>
                </EXTRACT>
                <P>
                    Second, CAT LLC proposes revising the definition of “Customer Identifying Information” to reflect reporting practices described in the CCID Exemption Order and to remove references to Name, Address, and YOB from the definition. Additionally, CAT LLC proposes to change the defined term from “Customer Identifying Information” to “Customer Attributes” to more accurately describe the information that could be attributable to a Customer in light of the proposal to remove Name, Address, and YOB from the definition. Relatedly, CAT LLC proposes to eliminate the term “Customer Identifying Information” and to replace that term with “Customer Attributes” throughout the CAT NMS Plan.
                    <SU>27</SU>
                    <FTREF/>
                     As revised, the proposed definition of “Customer Attributes” would read as follows:
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         With respect to FAM-related defined terms, CAT LLC proposes to add a footnote in the definition of “Full Availability and Regulatory Utilization of Transactional Database Functionality” stating that “[e]ffective [DATE], `Customer Identifying Information' as used in the Financial Accountability Milestones (Initial Industry Member Core Equity Reporting; Full Implementation of Core Equity Reporting; Full Availability and Regulatory Utilization of Transactional Database Functionality; and Full Implementation of CAT NMS Plan Requirements) is no longer a defined term and has been superseded by the new defined term `Customer Attributes'.” This language is intended to address any confusion caused by the use of “Customer Identifying Information” in the Plan after that defined term is changed to “Customer Attributes” in Section 1.1.
                    </P>
                </FTNT>
                <EXTRACT>
                    <P>
                        “ `
                        <E T="03">Customer Attributes</E>
                        ' means information attributed to a Customer, including, but not limited to, (a) with respect to individuals: TID and the individual's role in the account (
                        <E T="03">e.g.,</E>
                         primary holder, joint holder, guardian, trustee, person with the power of attorney); and (b) with respect to legal entities: Employer Identification Number (`EIN')/Legal Entity Identifier (`LEI') or other comparable common entity identifier, if applicable; provided, however, that an Industry Member 
                        <PRTPAGE P="12849"/>
                        that has an LEI for a Customer must submit the Customer's LEI.”
                    </P>
                </EXTRACT>
                <P>
                    Finally, CAT LLC proposes adding a new defined term “Customer and Account Attributes” to replace the defined term “PII” throughout the CAT NMS Plan. This new defined term would refer, collectively, to all of the attributes in the definitions of “Customer Attributes” and “Account Attributes” described above. This term is a useful and efficient way to refer to all of the data attributes associated with a Customer (whether a natural person or a legal entity) that must be reported to the CAT. Furthermore, CAT LLC believes that it is appropriate to delete the defined term “PII” from the CAT NMS Plan and to replace it with the defined term “Customer and Account Attributes” because that term would more accurately describe the data attributes related to Customers and Customer accounts that must be reported to the CAT now that Customer name, Customer address, account name, account address, authorized trader names list, account number, day of birth, month of birth, year of birth, and ITIN/SSN would be eliminated from the CAT under this CAIS Amendment. Therefore, CAT LLC proposes to delete the definition of “PII” from the Plan and to replace it with the defined term “Customer and Account Attributes” throughout the CAT NMS Plan. Specifically, the term “Customer and Account Attributes” would replace the term “PII” in Sections 6.2(b)(v)(F) and 6.10(c)(ii), and Appendix D, Sections 4.1; 4.1.2; 4.1.4; 6.2; 8.1.1; 8.1.3; 8.2; and 8.2.2.
                    <SU>28</SU>
                    <FTREF/>
                     The new term “Customer and Account Attributes” would be defined as follows:
                </P>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         Additionally, the term “Customer and Customer Account Information,” which is used in Sections 9 and 10 of Appendix D, would be updated to “Customer and Account Attributes” in each instance for consistency and to clarify the scope of information contemplated by those Sections.
                    </P>
                </FTNT>
                <EXTRACT>
                    <P>
                        “ `
                        <E T="03">Customer and Account Attributes</E>
                        ' shall mean the data elements in Account Attributes and Customer Attributes.”
                    </P>
                </EXTRACT>
                <HD SOURCE="HD3">ii. Revisions to Appendix D</HD>
                <P>CAT LLC also proposes revising certain provisions of Appendix D of the CAT NMS Plan to incorporate the CCID Exemption Order and to remove references to Name, Address, and YOB.</P>
                <P>
                    First, CAT LLC proposes revising Section 9.1 of Appendix D to make clear that, at a minimum, the CAT must capture Transformed Identifiers with respect to individuals and Legal Entity Identifiers with respect to legal entities. Additionally, CAT LLC proposes certain conforming changes to Section 9.1 of Appendix D relating to (a) Plan Processor data validation processes; and (b) the Plan Processor's procedures for assigning a unique CCID to each Customer. These conforming changes are intended to reflect reporting practices and the scope of reportable data contemplated by the CCID Exemption Order and the other Proposed Changes described in this amendment (
                    <E T="03">i.e.,</E>
                     eliminating Name, Address, and YOB from CAIS). Finally, references in Section 9.1 to “Customer and Customer Account Information” have been changed to “Customer and Account Attributes” consistent with the new defined term described above. As revised, Section 9.1 of Appendix D would read as follows:
                </P>
                <EXTRACT>
                    <HD SOURCE="HD1">“9.1 Customer and Account Attributes Storage</HD>
                    <P>The CAT must capture and store Customer and Account Attributes in a secure database physically separated from the transactional database. The Plan Processor will maintain certain information attributed to each Customer across all CAT Reporters, and associated accounts from each CAT Reporter. At a minimum, the CAT must capture Transformed Identifiers.</P>
                    <P>For legal entities, the CAT must capture Legal Entity Identifiers (LEIs) (if available).</P>
                    <P>The Plan Processor must maintain valid Customer and Account Attributes for each trading day and provide a method for Participants' regulatory staff and the SEC to easily obtain historical changes to that information.</P>
                    <P>The Plan Processor will use the Transformed Identifier submitted by all broker-dealer CAT Reporters to the isolated CCID Subsystem to assign a unique Customer-ID for each Customer. The Customer-ID must be consistent across all broker-dealers that have an account associated with that Customer. This unique CAT-Customer-ID will not be returned to CAT Reporters and will only be used internally by the CAT.</P>
                    <P>
                        Broker-Dealers will initially submit full account lists for all active accounts to the Plan Processor and subsequently submit updates and changes on a daily basis. In addition, the Plan Processor must have a process to periodically receive full account lists to ensure the completeness and accuracy of the account database. The Central Repository must support account structures that have multiple account owners and associated Customer information (joint accounts, managed accounts, etc.), and must be able to link accounts that move from one CAT Reporter to another (
                        <E T="03">e.g.,</E>
                         due to mergers and acquisitions, divestitures, etc.).”
                    </P>
                </EXTRACT>
                <P>Second, CAT LLC proposes revising Section 9.2 of Appendix D to make clear that the Central Repository will not accept data attributes related to an account owner's name, mailing address, or tax identifier. Additionally, the proposed revisions would indicate that the Central Repository must accept Transformed Identifiers with respect to Customers that are individuals and EINs with respect to Customers that are legal entities. As revised, Section 9.2 of Appendix D would read as follows:</P>
                <EXTRACT>
                    <HD SOURCE="HD1">“9.2 Required Data Attributes for Customer Information Data Submitted by Industry Members</HD>
                    <P>At a minimum, the following Customer information data attributes must be accepted by the Central Repository:</P>
                    <P>• Transformed Identifier (with respect to individuals) or EIN (with respect to legal entities);</P>
                    <P>• Market Identifiers (Larger Trader ID, LEI);</P>
                    <P>• Type of Account;</P>
                    <P>• Firm Identifier Number;</P>
                    <P>○ The number that the CAT Reporter will supply on all orders generated for the Account;</P>
                    <P>• Prime Broker ID;</P>
                    <P>• Bank Depository ID; and</P>
                    <P>• Clearing Broker.”</P>
                </EXTRACT>
                <P>Third, CAT LLC proposes revising Section 9.3 of Appendix D to incorporate the existing process by which the Plan Processor determines a unique CAT-Customer-ID for each Customer under the CCID Exemption Order. As revised, Section 9.3 of Appendix D would read as follows:</P>
                <EXTRACT>
                    <HD SOURCE="HD1">“9.3 Customer-ID Tracking</HD>
                    <P>The Plan Processor will assign a CAT-Customer-ID for each unique Customer. The Plan Processor will generate and assign a unique CAT-Customer-ID for each Transformed Identifier submitted by broker-dealer CAT Reporters to the isolated CCID Subsystem. Once a CAT-Customer-ID is assigned, it will be added to each linked (or unlinked) order record for that Customer.</P>
                    <P>Participants and the SEC must be able to use the unique CAT-Customer-ID to track orders from any Customer or group of Customers, regardless of what brokerage account was used to enter the order.”</P>
                </EXTRACT>
                <P>
                    Fourth, CAT LLC proposes revising Section 9.4 of Appendix D to eliminate the requirement that the Plan Processor design and implement procedures and mechanisms to handle minor and material inconsistencies in Customer information. Minor data discrepancies refer specifically to variations in road name abbreviations for Customer addresses. Because this amendment would eliminate Name, Address, and YOB, the Plan requirement that the Central Repository be able to accommodate minor data discrepancies related to Customer addresses is no longer relevant. More broadly the inconsistency checks that are currently performed by the Plan Processor to handle both minor and material inconsistencies provide minimal value and impose unnecessary costs on Participants and Industry Members. As 
                    <PRTPAGE P="12850"/>
                    revised, Section 9.4 of Appendix D would read as follows:
                </P>
                <EXTRACT>
                    <HD SOURCE="HD1">“9.4 Error Resolution for Customer Data</HD>
                    <P>The Central Repository must have an audit trail showing the resolution of all errors. The audit trail must, at a minimum, include the:</P>
                    <P>• CAT Reporter submitting the data;</P>
                    <P>• Initial submission date and time;</P>
                    <P>• Data in question or the ID of the record in question;</P>
                    <P>• Reason identified as the source of the issue;</P>
                    <P>• Date and time the issue was transmitted to the CAT Reporter, included each time the issue was re-transmitted, if more than once;</P>
                    <P>• Corrected submission date and time, including each corrected submission if more than one, or the record ID(s) of the corrected data or a flag indicating that the issue was resolved and corrected data was not required; and</P>
                    <P>• Corrected data, the record ID, or a link to the corrected data.”</P>
                </EXTRACT>
                <P>Finally, CAT LLC proposes adding a new Section 9.5 to Appendix D, which would require CAT LLC to direct the Plan Processor to delete from CAIS all existing Customer data and information contemplated by the Proposed Changes and clarify that such Customer data and information do not constitute records that CAT LLC must retain under Exchange Act Rule 17a-1. Furthermore, to the extent that either CAT LLC or the Plan Processor becomes aware through self-reporting or otherwise that an Industry Member has improperly reported any such Customer data or information, this CAIS Amendment would permit its deletion. The new Section 9.5 of Appendix D would be entitled “Deletion from CAIS of Certain Reported Customer Data” and would read as follows:</P>
                <EXTRACT>
                    <HD SOURCE="HD1">“9.5 Deletion From CAIS of Certain Reported Customer Data</HD>
                    <P>Notwithstanding any other provision of the CAT NMS Plan, this Appendix D, or the Exchange Act, CAT LLC shall direct the Plan Processor to develop and implement a mechanism to delete from CAIS, or otherwise make inaccessible to regulatory users, the following data attributes: Customer name, Customer address, account name, account address, authorized trader names list, account number, day of birth, month of birth, year of birth, and ITIN/SSN. For the avoidance of doubt, such data attributes do not constitute records that must be retained under Exchange Act Rule 17a-1. CAT LLC or the Plan Processor shall be permitted to delete any such information that has been improperly reported by an Industry Member to the extent that either becomes aware of such improper reporting through self-reporting or otherwise.”</P>
                </EXTRACT>
                <P>To the extent that the Commission deems it necessary to grant exemptive relief from the recordkeeping and data retention requirements of Rule 17a-1 under the Exchange Act in order to effectuate the Proposed Changes, the Participants request such exemptive relief with respect to the deletion of such reported data described above on a retroactive and prospective basis.</P>
                <HD SOURCE="HD3">2. Justifications for the CAIS Amendment</HD>
                <HD SOURCE="HD3">a. The CAIS Amendment Would Result in an Estimated $12 Million in Cost Savings Each Year</HD>
                <P>
                    The CAT's operating budget for 2025 includes approximately $35.5 million in CAIS-related costs, which includes: (1) $20.7 million in operating fees payable to the Plan Processor to operate and maintain CAIS; 
                    <SU>29</SU>
                    <FTREF/>
                     (2) a $2.8 million CAIS-related annual license fee payable to the Plan Processor; and (3) approximately $12 million in CAIS-related cloud hosting services fees.
                </P>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         This CAIS operating fee is separate and in addition to a $30.8 million operating fee payable to the Plan Processor to operate and maintain the transaction database for the CAT.
                    </P>
                </FTNT>
                <P>
                    In total, the CAIS Amendment would allow CAT LLC to achieve approximately $10 million to $12 million in cost savings each year as compared to 2024 Actuals. First, the Plan Processor has proposed reducing its CAIS operating fees by approximately $5 million per year if the Proposed Changes are adopted.
                    <SU>30</SU>
                    <FTREF/>
                     As a result, CAIS operating fees payable to the Plan Processor would be reduced from approximately $20.7 million to $15.7 million annually. The $2.8 million annual license fee payable to the Plan Processor would be unaffected by this CAIS Amendment. Second, the Plan Processor estimates approximately $5 million to $7 million in savings per year related to cloud hosting services fees.
                    <SU>31</SU>
                    <FTREF/>
                     Accordingly, the CAIS-related cloud hosting services fees, based on 2024 Actuals, would be reduced from approximately $12 million to approximately $5 million to $7 million. These cost savings estimates are based on certain assumptions and the current scope of the CAT, and may vary based on, among other things, the details of the requirements in any final amendment approved by the Commission.
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         The CAIS annual operating fee payable to the Plan Processor for 2025, which includes fees to pay for software that is required to support regulatory queries of CAIS data, is approximately $20.7 million per year. By eliminating the software that is required to support regulatory queries of Name, Address, and YOB data, the CAIS annual operating fee would be reduced to approximately $15.7 million per year, which is a difference of approximately $5 million per year.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         CAT LLC currently budgets $12 million per year for CAIS cloud hosting services fees. Under the CAIS Amendment, CAIS cloud hosting services fees would total between approximately $5 million and $7 million per year, which represents a savings of between $5 million and $7 million per year.
                    </P>
                </FTNT>
                <P>
                    To implement the CAIS Amendment, the Plan Processor has proposed a one-time change request implementation fee of approximately $4.5 million to $5.5 million.
                    <SU>32</SU>
                    <FTREF/>
                     One-time implementation costs will generally consist of Plan Processor labor costs associated with coding and software development, as well as any related cloud fees associated with the development, testing, and load testing of the Proposed Changes. Even accounting for this one-time implementation cost, the CAIS Amendment would allow CAT LLC to achieve approximately $5.5 million in cost savings in the first year followed by approximately $10 million to $12 million in cost savings each year thereafter, based on 2024 Actuals.
                </P>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         The Plan Processor estimates that it would take approximately 9 to 12 months to fully implement the Proposed Changes.
                    </P>
                </FTNT>
                <P>
                    CAT operating costs are estimated to approach $250 million in 2025 as data volumes continue to reach record highs.
                    <SU>33</SU>
                    <FTREF/>
                     CAT LLC and the Plan Processor have put significant effort into reducing CAT costs that are within their control given the strict reporting requirements in the CAT NMS Plan, but additional cost savings measures—like those contemplated in this CAIS Amendment—require Commission action to permit their implementation. While the Commission recently approved a cost savings proposal from CAT LLC, it is critical to continue thinking carefully about ways to further reduce CAT costs while preserving the CAT's intended regulatory uses. The CAIS Amendment would do just that. The potential cost savings associated with the amendment are significant and would materially advance CAT LLC's ongoing cost savings efforts 
                    <SU>34</SU>
                    <FTREF/>
                     without impacting the ability of regulators to perform cross-market surveillance or to otherwise use the CAT for its intended regulatory purposes. Therefore, CAT LLC urges the Commission to approve the CAIS Amendment to allow for 
                    <PRTPAGE P="12851"/>
                    additional annual savings of approximately $12 million compared to 2024 Actuals.
                </P>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         On March 4, 2025, data volumes exceeded 1 trillion reportable events for the first time.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         For example, CAT LLC filed a cost savings amendment, which the Commission recently approved on December 12, 2024, that will permit approximately $21 million in annual cost savings, which cost savings were estimated based on then-estimated 2024 costs. 
                        <E T="03">See</E>
                         Letter from Brandon Becker, CAT NMS Plan Operating Committee Chair, to Vanessa Countryman, Secretary, Commission (Mar. 27, 2024); Letter from Brandon Becker, CAT NMS Plan Operating Committee Chair, to Vanessa Countryman, Secretary, Commission (Sept. 20, 2024); Order Approving Amendments to the National Market System Plan Governing the Consolidated Audit Trail Designed to Implement Cost Savings Measures, Securities Exchange Act Release No. 101901 (Dec. 12, 2024), 89 FR 103033 (Dec. 18, 2024).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">b. The CAIS Amendment Also Would Build on the CCID Exemption Order and the CAIS Exemption Order to Further Address the SEC's Stated Security Considerations</HD>
                <P>
                    In addition to allowing CAT LLC to achieve significant annual cost savings, the CAIS Amendment reflects a continuation of prior efforts to reduce Customer information in the CAT. Specifically, the CAIS Amendment would build on the CCID Exemption Order, which currently prohibits Industry Members from reporting SSNs/ITINs, dates of birth, and account numbers to the CAT. This CAIS Amendment would remove additional data attributes from the CAT, 
                    <E T="03">i.e.,</E>
                     Name, Address, and YOB, while preserving the regulatory goals of SEC Rule 613 because the Plan Processor would continue to create a unique CCID allowing regulators to conduct cross-market, cross-broker, and cross-account surveillance.
                </P>
                <P>Furthermore, the CAIS Amendment would further address the security-related considerations cited by the SEC in the CAIS Exemption Order with respect to all Customers. As discussed in more detail above, the CAIS Exemption Order grants relief from the requirement to report names, addresses, and years of birth for natural persons reported with transformed SSNs or ITINs to CAIS, but it does not address the deletion of existing data currently stored in CAIS. Therefore, the CAIS Exemption Order only addresses new natural persons reported with transformed SSNs or ITINs added to CAIS after the date of the order. It does not address the SEC's cited security considerations with respect to (1) existing natural persons reported with transformed SSNs or ITINs with data already stored in CAIS; (2) natural persons who are not reported with transformed SSNs or ITINs, including foreign nationals; or (3) legal entity Customers. This proposed CAIS Amendment addresses the SEC's security considerations with respect to all Customers—including all natural person and all legal entity Customers, both new and existing—by fully eliminating the requirement to report Names, Addresses, and YOBs to CAIS for all Customers and by requiring CAT LLC to direct the Plan Processor to delete all such information that is currently stored in the CAT.</P>
                <HD SOURCE="HD3">c. The Proposed Changes Would Preserve the Core Regulatory Purposes of CAIS</HD>
                <P>
                    Under this CAIS Amendment, Industry Members would continue reporting basic Customer and account information (
                    <E T="03">e.g.,</E>
                     TID, account type) to CAIS, but the information reported would no longer include Name, Address, and YOB. Industry Members would also continue reporting Transformed Identifiers to the CCID Subsystem in the same manner as they do today pursuant to the CCID Exemption Order.
                </P>
                <P>Similarly, the Plan Processor would continue creating a CCID for each unique Transformed Identifier in the same way that it does today. As such, a daily mapping of CCID to FDID would continue to be provided to the transactional database by the CAT System to provide CCID enrichment of transaction data. Additionally, the CAIS query tool would continue to be provided to allow the subset of regulatory users that have been authorized to access the CAIS database to search basic Customer and account information, minus Name, Address, and YOB. As was the case before CAT, regulatory users would need to contact Industry Members directly to obtain any more sensitive Customer information, including Name, Address, and YOB.</P>
                <P>
                    In short, the proposed CAIS Amendment would not impact how the Plan Processor provides CCID enrichment of transaction data. It would simply remove certain unnecessary Customer information (
                    <E T="03">i.e.,</E>
                     Name, Address, and YOB) from the CAT in order to achieve significant cost savings while building on the existing CCID Exemption Order and the CAIS Exemption Order. Because the Plan Processor would continue to provide CCID enrichment of transaction data, the proposed CAIS Amendment would not impact the ability of regulators to track a Customer's trading activity across accounts, broker-dealers, and markets. By preserving regulators' ability to perform such cross-market, cross-broker, and cross-account surveillance, the CAIS Amendment would achieve significant cost savings and reduce unnecessary Customer information in the CAT without impacting a key aspect of CAT's intended regulatory uses.
                </P>
                <HD SOURCE="HD3">d. The Benefits of the Proposed Changes Significantly Outweigh Their Costs</HD>
                <P>The benefits of the CAIS Amendment significantly outweigh its costs. As described above, the CAIS Amendment would further address the SEC's security considerations noted in the CAIS Exemption Order by reducing the amount of Customer information in the CAT. In addition, the CAIS Amendment would allow CAT LLC to achieve an estimated $12 million in cost savings each year as compared to 2024 Actuals, which would materially advance CAT LLC's ongoing efforts to reduce CAT operating costs. It would also build on CAT LLC's prior efforts to reduce Customer information in the CAT and the CAIS Exemption Order by eliminating the Plan requirement to report Name, Address, and YOB to CAIS for all Customers. At the same time, other than one-time implementation costs of approximately $4.5 million to $5.5 million (which would be fully offset by savings in the first year), the costs associated with the CAIS Amendment are minimal. If adopted, the CAIS Amendment would not change the Plan Processor's practices related to creating a unique CCID for each Customer and performing CCID enrichment of transaction data. While regulatory users would no longer be able to use the CAIS query tool to search for Name, Address, and YOB information, they would still be able to track Customer trading activity across accounts, broker-dealers, and markets without access to that information by using a CCID because the Plan Processor would continue performing CCID enrichment of transaction data in the same way that it does today. Furthermore, if it becomes necessary for a regulatory user to obtain Name, Address, and YOB data, that information could still be obtained directly from Industry Members. In this way, the CAIS Amendment would not affect how regulators use the CAT, and any added cost associated with obtaining Name, Address, and YOB information from Industry Members is significantly outweighed by the estimated $12 million in cost savings that the proposed CAIS Amendment would allow CAT LLC to recognize each year as compared to 2024 Actuals.</P>
                <P>For all of these reasons, CAT LLC strongly urges the Commission to approve the CAIS Amendment.</P>
                <HD SOURCE="HD2">B. Governing or Constituent Documents</HD>
                <P>Not applicable.</P>
                <HD SOURCE="HD2">C. Implementation of Amendment</HD>
                <P>
                    The Participants propose to implement the proposal upon approval of the proposed amendment to the CAT NMS Plan by directing the Plan Processor to make the technological changes to CAIS reporting required to effectuate the Proposed Changes and by amending their individual CAT 
                    <PRTPAGE P="12852"/>
                    Compliance Rules to reflect the more limited scope of Customer-and-account-related information that would be required to be reported to CAIS as a result of implementing the Proposed Changes.
                </P>
                <HD SOURCE="HD2">D. Development and Implementation Phases</HD>
                <P>Subject to SEC approval of this CAIS Amendment, the Participants and the Plan Processor, in consultation with Industry Members, will determine and communicate an implementation schedule to effectuate the Proposed Changes.</P>
                <HD SOURCE="HD2">E. Analysis of Impact on Competition</HD>
                <P>CAT LLC does not believe that the CAIS Amendment would result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Exchange Act. Indeed, CAT LLC believes that the CAIS Amendment will have a positive impact on competition, efficiency and capital formation. The CAIS Amendment will provide significant savings in CAT costs and will eliminate Name, Address, and YOB from the CAT while imposing minimal impact on the regulatory use of CAT Data. Such substantial cost savings would inure to the benefit of all participants in the markets for NMS Securities and OTC Equity Securities, including Participants, Industry Members, and most importantly, the investors.</P>
                <P>
                    In addition to providing significant cost savings, the CAIS Amendment would incorporate the existing CCID Exemption Order and build on the CAIS Exemption Order, both of which the Commission found to be appropriate in the public interest and consistent with the protection of investors.
                    <SU>35</SU>
                    <FTREF/>
                     Because this CAIS Amendment would build on the CCID Exemption Order and the CAIS Exemption Order to further reduce the amount of Customer-and-account-related information in the CAT by eliminating Name, Address, and YOB without impacting the intended regulatory goals of SEC Rule 613, CAT LLC believes that the CAIS Amendment is appropriate in the public interest and consistent with the protection of investors. In this way, the CAIS Amendment would enhance the markets for NMS Securities and OTC Equity Securities for all market participants.
                </P>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         
                        <E T="03">See</E>
                         CCID Exemption Order at 16156; CAIS Exemption Order at 9646.
                    </P>
                </FTNT>
                <P>Furthermore, the CAIS Amendment would provide significant cost savings and build on the CCID Exemption Order and the CAIS Exemption Order without creating any disparate impact among Industry Members with Customers. This is because the CAIS Amendment would require all Industry Members to report the same narrower scope of Customer-and-account-related information to the CAT. Therefore, the CAIS Amendment would have the same effect on all Industry Members with Customers.</P>
                <P>For all of these reasons, CAT LLC does not believe that the CAIS Amendment would result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Exchange Act.</P>
                <HD SOURCE="HD2">F. Written Understanding or Agreements Relating to Interpretation of, or Participation in Plan</HD>
                <P>Not applicable.</P>
                <HD SOURCE="HD2">G. Approval by Plan Sponsors in Accordance With Plan</HD>
                <P>Section 12.3 of the CAT NMS Plan states that, subject to certain exceptions, the CAT NMS Plan may be amended from time to time only by a written amendment, authorized by the affirmative vote of not less than two-thirds of all of the Participants, that has been approved by the SEC pursuant to Rule 608 of Regulation NMS under the Exchange Act or has otherwise become effective under Rule 608 of Regulation NMS under the Exchange Act. In addition, the proposed amendment was discussed during Operating Committee meetings. The Participants, by a vote of the Operating Committee taken on March 4, 2025, have authorized the filing of this proposed amendment with the SEC in accordance with the CAT NMS Plan.</P>
                <HD SOURCE="HD2">H. Description of Operation of Facility Contemplated by the Proposed Amendment</HD>
                <P>Not applicable.</P>
                <HD SOURCE="HD2">I. Terms and Conditions of Access</HD>
                <P>Not applicable.</P>
                <HD SOURCE="HD2">J. Method of Determination and Imposition, and Amount of, Fees and Charges</HD>
                <P>Not applicable.</P>
                <HD SOURCE="HD2">K. Method and Frequency of Processor Evaluation</HD>
                <P>Not applicable.</P>
                <HD SOURCE="HD2">L. Dispute Resolution</HD>
                <P>Not applicable.</P>
                <HD SOURCE="HD1">III. Solicitation of Comments</HD>
                <P>The Commission seeks comment on the amendment. Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the amendment is consistent with the Exchange Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">http://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include File Number 4-698 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All
                    <FTREF/>
                     submissions should refer to File Number 4-698. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">http://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed plan amendment that are filed with the Commission, and all written communications relating to the amendment between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the Participants' offices. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number 4-698 and should be submitted on or before April 9, 2025.
                </FP>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         17 CFR 200.30-3(a)(85).
                    </P>
                </FTNT>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>36</SU>
                    </P>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
                <PRTPAGE P="12853"/>
                <HD SOURCE="HD1">Exhibit A</HD>
                <HD SOURCE="HD1">Proposed Revisions to the CAT NMS Plan</HD>
                <FP>
                    Additions 
                    <E T="03">italicized;</E>
                     deletions [bracketed]
                </FP>
                <STARS/>
                <HD SOURCE="HD1">Article I</HD>
                <HD SOURCE="HD1">Definitions</HD>
                <STARS/>
                <HD SOURCE="HD1">Section 1.1. Definitions.</HD>
                <STARS/>
                <P>
                    “[Customer ]Account 
                    <E T="03">Attributes</E>
                    [Information]” shall include, but not be limited to, [account number, ]account type, customer type, date account opened, and large trader identifier (if applicable) 
                    <E T="03">(excluding, for the avoidance of doubt, account number);</E>
                     except, however, that (a) in those circumstances in which an Industry Member has established a trading relationship with an institution but has not established an account with that institution, the Industry Member will (i) provide the Account Effective Date in lieu of the “date account opened”; [(ii) provide the relationship identifier in lieu of the “account number”; ]and (ii[i]) identify the “account type” as a “relationship”; (b) in those circumstances in which the relevant account was established prior to the implementation date of the CAT NMS Plan applicable to the relevant CAT Reporter (as set forth in Rule 613(a)(3)(v) and (vi)), and no “date account opened” is available for the account, the Industry Member will provide the Account Effective Date in the following circumstances: (i) where an Industry Member changes back office providers or clearing firms and the date account opened is changed to the date the account was opened on the new back office/clearing firm system; (ii) where an Industry Member acquires another Industry Member and the date account opened is changed to the date the account was opened on the post-merger back office/clearing firm system; (iii) where there are multiple dates associated with an account in an Industry Member's system, and the parameters of each date are determined by the individual Industry Member; and (iv) where the relevant account is an Industry Member proprietary account. 
                    <E T="03">For the avoidance of doubt, Industry Members are required to provide a Firm Designated ID in accordance with this Agreement.</E>
                </P>
                <STARS/>
                <P>
                    <E T="03">“CAIS” means the customer and account information system of the CAT.</E>
                </P>
                <STARS/>
                <P>
                    <E T="03">“CCID Subsystem” means the isolated subsystem of CAIS that exists solely to transform input TID values into CCID values.</E>
                </P>
                <STARS/>
                <P>
                    <E T="03">“Customer and Account Attributes” shall mean the data elements in Account Attributes and Customer Attributes.</E>
                </P>
                <P>
                    “Customer 
                    <E T="03">Attributes</E>
                    [Identifying Information]” means information [of sufficient detail to identify ]
                    <E T="03">attributed to</E>
                     a Customer, including, but not limited to, (a) with respect to individuals: [name, address, date of birth, individual tax payer identification number (“ITIN”)/social security number (“SSN”),] 
                    <E T="03">TID and the</E>
                     individual's role in the account (
                    <E T="03">e.g.,</E>
                     primary holder, joint holder, guardian, trustee, person with the power of attorney); and (b) with respect to legal entities: [name, address, ]Employer Identification Number (“EIN”)/Legal Entity Identifier (“LEI”) or other comparable common entity identifier, if applicable; provided, however, that an Industry Member that has an LEI for a Customer must submit the Customer's LEI[ in addition to other information of sufficient detail to identify a Customer].
                </P>
                <P>
                    <E T="03">“Customer-ID” or “CAT Customer-ID” or “CCID”</E>
                     has the same meaning provided in SEC Rule 613(j)(5).
                </P>
                <STARS/>
                <P>
                    “
                    <E T="03">Full Availability and Regulatory Utilization of Transactional Database Functionality</E>
                    ” means the point at which: (a) reporting to the Order Audit Trail System (“OATS”) is no longer required for new orders; (b) Industry Member reporting for equities transactions and simple electronic options transactions, excluding Customer Account Information,*
                    <FTREF/>
                     Customer-ID, and Customer Identifying Information,*
                    <FTREF/>
                     with sufficient intra-firm linkage, inter-firm linkage, national securities exchange linkage, trade reporting facilities linkage, and representative order linkages (including any equities allocation information provided in an Allocation Report) to permit the Participants and the Commission to analyze the full lifecycle of an order across the national market system, from order origination through order execution or order cancellation, is developed, tested, and implemented at a 5% Error Rate or less; (c) Industry Member reporting for manual options transactions and complex options transactions, excluding Customer Account Information, Customer-ID, and Customer Identifying Information, with all required linkages to permit the Participants and the Commission to analyze the full lifecycle of an order across the national market system, from order origination through order execution or order cancellation, including any options allocation information provided in an Allocation Report, is developed, tested, and fully implemented; (d) the query tool functionality required by Section 6.10(c)(i)(A) and Appendix D, Sections 8.1.1-8.1.3, Section 8.2.1, and Section 8.5 incorporates the data described in conditions (b)-(c) and is available to the Participants and to the Commission; and (e) the requirements of Section 6.10(a) are met. This Financial Accountability Milestone shall be considered complete as of the date identified in a Quarterly Progress Report meeting the requirements of Section 6.6(c).
                </P>
                <FTNT>
                    <P>
                        * 
                        <E T="03">Effective [DATE], “Customer Account Information” as used in the Financial Accountability Milestones (Initial Industry Member Core Equity Reporting; Full Implementation of Core Equity Reporting; Full Availability and Regulatory Utilization of Transactional Database Functionality; and Full Implementation of CAT NMS Plan Requirements) is no longer a defined term and has been superseded by the new defined term “Account Attributes”.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        * 
                        <E T="03">Effective [DATE], “Customer Identifying Information” as used in the Financial Accountability Milestones (Initial Industry Member Core Equity Reporting; Full Implementation of Core Equity Reporting; Full Availability and Regulatory Utilization of Transactional Database Functionality; and Full Implementation of CAT NMS Plan Requirements) is no longer a defined term and has been superseded by the new defined term “Customer Attributes”.</E>
                    </P>
                </FTNT>
                <STARS/>
                <P>[“PII” means personally identifiable information, including a social security number or tax identifier number or similar information; Customer Identifying Information and Customer Account Information.]</P>
                <STARS/>
                <P>
                    “
                    <E T="03">Transformed Identifier” or “TID” means the transformed version of the individual tax payer identification number (“ITIN”) or social security number (“SSN”) submitted by Industry Members in place of an ITIN or SSN.</E>
                </P>
                <STARS/>
                <HD SOURCE="HD1">Article VI</HD>
                <HD SOURCE="HD1">Functions and Activities of CAT System</HD>
                <STARS/>
                <HD SOURCE="HD1">Section 6.2. Chief Compliance Officer and Chief Information Security Officer</HD>
                <STARS/>
                <P>
                    (a) 
                    <E T="03">Chief Compliance Officer.</E>
                </P>
                <STARS/>
                <P>(v) The Chief Compliance Officer shall:</P>
                <STARS/>
                <P>
                    (C) in collaboration with the Chief Information Security Officer, and consistent with Appendix D, Data 
                    <PRTPAGE P="12854"/>
                    Security, and any other applicable requirements related to data security[,] 
                    <E T="03">and</E>
                     Customer 
                    <E T="03">and</E>
                     Account 
                    <E T="03">Attributes</E>
                    [Information and Customer Identifying Information], identify and assist the Company in retaining an appropriately qualified independent auditor (based on specialized technical expertise, which may be the Independent Auditor or subject to the approval of the Operating Company by Supermajority Vote, another appropriately qualified independent auditor), and in collaboration with such independent auditor, create and implement an annual audit plan (subject to the approval of the Operating Committee), which shall at a minimum include a review of all Plan Processor policies, procedures and control structures, and real time tools that monitor and address data security issues for the Plan Processor and the Central Repository;
                </P>
                <STARS/>
                <P>
                    (b) 
                    <E T="03">Chief Information Security Officer.</E>
                </P>
                <STARS/>
                <P>(v) Consistent with Appendices C and D, the Chief Information Security Officer shall be responsible for creating and enforcing appropriate policies, procedures, and control structures to monitor and address data security issues for the Plan Processor and the Central Repository including:</P>
                <STARS/>
                <P>
                    (F) [PII]
                    <E T="03">Customer and Account Attributes</E>
                     data requirements, including the standards set forth in Appendix D, [PII]
                    <E T="03">Customer and Account Attributes</E>
                     Data Requirements;
                </P>
                <STARS/>
                <HD SOURCE="HD1">Section 6.4. Data Reporting and Recording by Industry Members</HD>
                <STARS/>
                <P>
                    (d) 
                    <E T="03">Required Industry Member Data.</E>
                </P>
                <STARS/>
                <P>
                    (ii) Subject to Section 6.4(c) and Section 6.4(d)(iii) with respect to Options Market Makers, and consistent with Appendix D, Reporting and Linkage Requirements, and the Technical Specifications, each Participant shall, through its Compliance Rule, require its Industry Members to record and report to the Central Repository the following, as applicable (“
                    <E T="03">Received Industry Member Data</E>
                    ” and collectively with the information referred to in Section 6.4(d)(i) “
                    <E T="03">Industry Member Data</E>
                    ”):
                </P>
                <STARS/>
                <P>
                    (C) for original receipt or origination of an order, the Firm Designated ID for the relevant Customer, and in accordance with Section 6.4(d)(iv), Customer 
                    <E T="03">and</E>
                     Account 
                    <E T="03">Attributes</E>
                     [Information and Customer Identifying Information] for the relevant Customer; and
                </P>
                <STARS/>
                <HD SOURCE="HD1">Section 6.10. Surveillance</HD>
                <STARS/>
                <P>
                    (c) 
                    <E T="03">Use of CAT Data by Regulators.</E>
                </P>
                <STARS/>
                <P>
                    (ii) Extraction of CAT Data shall be consistent with all permission rights granted by the Plan Processor. All CAT Data returned shall be encrypted, and [PII]
                    <E T="03">Customer and Account Attributes</E>
                     data shall be masked unless users have permission to view the CAT Data that has been requested.
                </P>
                <STARS/>
                <HD SOURCE="HD1">Appendix D</HD>
                <EXTRACT>
                    <HD SOURCE="HD1">CAT NMS Plan Processor Requirements</HD>
                    <STARS/>
                    <HD SOURCE="HD1">4. Data Security</HD>
                    <HD SOURCE="HD1">4.1 Overview</HD>
                    <STARS/>
                    <P>
                        The Plan Processor must provide to the Operating Committee a comprehensive security plan that covers all components of the CAT System, including physical assets and personnel, and the training of all persons who have access to the Central Repository consistent with Article VI, Section 6.1(m). The security plan must be updated annually. The security plan must include an overview of the Plan Processor's network security controls, processes and procedures pertaining to the CAT Systems. Details of the security plan must document how the Plan Processor will protect, monitor and patch the environment; assess it for vulnerabilities as part of a managed process, as well as the process for response to security incidents and reporting of such incidents. The security plan must address physical security controls for corporate, data center, and leased facilities where Central Repository data is transmitted or stored. The Plan Processor must have documented “hardening baselines” for systems that will store, process, or transmit CAT Data or [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data.
                    </P>
                    <STARS/>
                    <HD SOURCE="HD1">4.1.2 Data Encryption</HD>
                    <STARS/>
                    <P>
                        Storage of unencrypted [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data is not permissible. [PII]
                        <E T="03">Customer and Account Attributes</E>
                         encryption methodology must include a secure documented key management strategy such as the use of HSM(s). The Plan Processor must describe how [PII]
                        <E T="03">Customer and Account Attributes</E>
                         encryption is performed and the key management strategy (
                        <E T="03">e.g.,</E>
                         AES-256, 3DES).
                    </P>
                    <STARS/>
                    <HD SOURCE="HD1">4.1.4 Data Access</HD>
                    <P>
                        The Plan Processor must provide an overview of how access to [PII]
                        <E T="03">Customer and Account Attributes</E>
                         and other CAT Data by Plan Processor employees and administrators is restricted. This overview must include items such as, but not limited to, how the Plan Processor will manage access to the systems, internal segmentation, multi-factor authentication, separation of duties, entitlement management, background checks, etc.
                    </P>
                    <STARS/>
                    <P>
                        Any login to the system that is able to access [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data must follow [non-PII ]password rules 
                        <E T="03">for data that does not constitute Customer and Account Attributes</E>
                         and must be further secured via multi-factor authentication (“
                        <E T="03">MFA”</E>
                        ). The implementation of MFA must be documented by the Plan Processor. MFA authentication capability for all logins is required to be implemented by the Plan Processor.
                    </P>
                    <STARS/>
                    <HD SOURCE="HD1">4.1.6 [PII] Customer and Account Attributes Data Requirements</HD>
                    <P>
                        [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data must not be included in the result set(s) from online or direct query tools, reports or bulk data extraction. Instead, results will display existing [non-PII] unique identifiers (
                        <E T="03">e.g.,</E>
                         Customer-ID or Firm Designated ID)
                        <E T="03"> that do not constitute Customer and Account Attributes.</E>
                         The [PII]
                        <E T="03">Customer and Account Attributes</E>
                         corresponding to these identifiers can be gathered using the [PII]
                        <E T="03">Customer and Account Attributes</E>
                         workflow described in Appendix D, Data Security, [PII]
                        <E T="03">Customer and Account Attributes</E>
                         Data Requirements. By default, users entitled to query CAT Data are not authorized for [PII] access
                        <E T="03"> to Customer and Account Attributes.</E>
                         The process by which someone becomes entitled for [PII] access
                        <E T="03"> to Customer and Account Attributes,</E>
                         and how they then go about accessing [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data, must be documented by the Plan Processor. The chief regulatory officer, or other such designated officer or employee at each Participant must, at least annually, review and certify that people with [PII] access
                        <E T="03"> to Customer and Account Attributes</E>
                         have the appropriate level of access for their role.
                    </P>
                    <P>
                        Using the RBAC model described above, access to [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data shall be configured at the [PII attribute]
                        <E T="03">Customer and Account Attribute</E>
                         level, following the “least privileged” practice of limiting access as much as possible.
                    </P>
                    <P>
                        [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data must be stored separately from other CAT Data. It cannot be stored with the transactional CAT Data, and it must not be accessible from public internet connectivity. A full audit trail of [PII] access
                        <E T="03"> to Customer and Account Attributes</E>
                         (who accessed what data, and when) must be maintained. The Chief Compliance Officer and the Chief Information Security Officer shall have access to daily [PII]
                        <E T="03">Customer and Account Attributes</E>
                         reports that list all users who are entitled for [PII] access
                        <E T="03"> to Customer and Account Attributes,</E>
                         as well as the audit trail of all [PII] access
                        <E T="03">
                             to Customer and Account 
                            <PRTPAGE P="12855"/>
                            Attributes
                        </E>
                         that has occurred for the day being reported on.
                    </P>
                    <STARS/>
                    <HD SOURCE="HD1">6.2 Data Availability Requirements</HD>
                    <STARS/>
                    <P>
                        Figure B: Customer and Account 
                        <E T="03">Attributes</E>
                        [Information (Including PII)]
                    </P>
                    <GPH SPAN="3" DEEP="219">
                        <GID>EN19MR25.021</GID>
                    </GPH>
                    <P>
                        CAT [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data must be processed within established timeframes to ensure data can be made available to Participants' regulatory staff and the SEC in a timely manner. Industry Members submitting new or modified Customer information must provide it to the Central Repository no later than 8:00 a.m. Eastern Time on T+1. The Central Repository must validate the data and generate error reports no later than 5:00 p.m. Eastern Time on T+1. The Central Repository must process the resubmitted data no later than 5:00 p.m. Eastern Time on T+4. Corrected data must be resubmitted no later than 5:00 p.m. Eastern Time on T+3. The Central Repository must process the resubmitted data no later than 5:00 p.m. Eastern Time on T+4. Corrected data must be available to regulators no later than 8:00 a.m. Eastern Time on T+5.
                    </P>
                    <P>
                        Customer information that includes [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data must be available to regulators immediately upon receipt of initial data and corrected data, pursuant to security policies for retrieving [PII]
                        <E T="03">Customer and Account Attributes.</E>
                    </P>
                    <STARS/>
                    <HD SOURCE="HD1">8. Functionality of the CAT System</HD>
                    <HD SOURCE="HD1">8.1 Regulator Access</HD>
                    <STARS/>
                    <HD SOURCE="HD1">8.1.1 Online Targeted Query Tool</HD>
                    <STARS/>
                    <P>
                        The tool must provide a record count of the result set, the date and time the query request is submitted, and the date and time the result set is provided to the users. In addition, the tool must indicate in the search results whether the retrieved data was linked or unlinked (
                        <E T="03">e.g.,</E>
                         using a flag). In addition, the online targeted query tool must not display any [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data. Instead, it will display existing [non-PII] unique identifiers (
                        <E T="03">e.g.,</E>
                         Customer-ID or Firm Designated ID)
                        <E T="03"> that do not constitute Customer and Account Attributes.</E>
                         The [PII]
                        <E T="03">Customer and Account Attributes</E>
                         corresponding to these identifiers can be gathered using the [PII]
                        <E T="03">Customer and Account Attributes</E>
                         workflow described in Appendix D, Data Security, [PII]
                        <E T="03">Customer and Account Attributes</E>
                         Data Requirements. The Plan Processor must define the maximum number of records that can be viewed in the online tool as well as the maximum number of records that can be downloaded. Users must have the ability to download the results to .csv, .txt, and other formats, as applicable. These files will also need to be available in a compressed format (
                        <E T="03">e.g.,</E>
                         .zip, .gz). Result sets that exceed the maximum viewable or download limits must return to users a message informing them of the size of the result set and the option to choose to have the result set returned via an alternate method.
                    </P>
                    <STARS/>
                    <HD SOURCE="HD1">8.1.3 Online Targeted Query Tool Access and Administration</HD>
                    <P>
                        Access to CAT Data is limited to authorized regulatory users from the Participants and the SEC. Authorized regulators from the Participants and the SEC may access all CAT Data, with the exception of [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data. A subset of the authorized regulators from the Participants and the SEC will have permission to access and view [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data. The Plan Processor must work with the Participants and SEC to implement an administrative and authorization process to provide regulator access. The Plan Processor must have procedures and a process in place to verify the list of active users on a regular basis.
                    </P>
                    <P>
                        A two-factor authentication is required for access to CAT Data. [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data must not be available via the online targeted query tool or the user-defined direct query interface.
                    </P>
                    <HD SOURCE="HD1">8.2 User-Defined Direct Queries and Bulk Extraction of Data</HD>
                    <P>The Central Repository must provide for direct queries, bulk extraction, and download of data for all regulatory users. Both the user-defined direct queries and bulk extracts will be used by regulators to deliver large sets of data that can then be used in internal surveillance or market analysis applications. The data extracts must use common industry formats.</P>
                    <P>
                        Direct queries must not return or display [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data. Instead, they will return existing [non-PII] unique identifiers (
                        <E T="03">e.g.,</E>
                         Customer-ID or Firm Designated ID)
                        <E T="03"> that do not constitute Customer and Account Attributes.</E>
                         The [PII]
                        <E T="03"> Customer and Account Attributes</E>
                         corresponding to these identifiers can be gathered using the [PII]
                        <E T="03">Customer and Account Attributes</E>
                         workflow described in Appendix D, Data Security, [PII]
                        <E T="03">Customer and Account Attributes</E>
                         Data Requirements.
                    </P>
                    <STARS/>
                    <HD SOURCE="HD1">8.2.2 Bulk Extract Performance Requirements</HD>
                    <STARS/>
                    <P>
                        Extraction of data must be consistently in line with all permissioning rights granted by the Plan Processor. Data returned must be encrypted, password protected and sent via secure methods of transmission. In addition, [PII]
                        <E T="03">Customer and Account Attributes</E>
                         data must be masked unless users have permission to view the data that has been requested.
                    </P>
                    <STARS/>
                    <PRTPAGE P="12856"/>
                    <HD SOURCE="HD1">
                        9. CAT Customer and [Customer] Account 
                        <E T="7462">Attributes</E>
                         [Information]
                    </HD>
                    <HD SOURCE="HD1">
                        9.1 Customer and [Customer] Account 
                        <E T="7462">Attributes</E>
                         [Information] Storage
                    </HD>
                    <P>
                        The CAT must capture and store Customer and [Customer] Account 
                        <E T="03">Attributes</E>
                        [Information] in a secure database physically separated from the transactional database. The Plan Processor will maintain
                        <E T="03"> certain</E>
                         information [of sufficient detail to uniquely and consistently identify] 
                        <E T="03">attributed to</E>
                         each Customer across all CAT Reporters, and associated accounts from each CAT Reporter. [The following attributes, a]
                        <E T="03">A</E>
                        t a minimum, 
                        <E T="03">the CAT</E>
                         must 
                        <E T="03">capture Transformed Identifiers.</E>
                        [be captured:]
                    </P>
                    <P>• [Social security number (SSN) or Individual Taxpayer Identification Number (ITIN);]</P>
                    <P>• [Date of birth;]</P>
                    <P>• [Current name;]</P>
                    <P>• [Current address;]</P>
                    <P>• [Previous name; and]</P>
                    <P>• [Previous address.]</P>
                    <P>
                        For legal entities, the CAT must capture 
                        <E T="03">Legal Entity Identifiers (LEIs) (if available).</E>
                        [the following attributes:]
                    </P>
                    <P>• [Legal Entity Identifier (LEI) (if available);]</P>
                    <P>• [Tax identifier;]</P>
                    <P>• [Full legal name; and]</P>
                    <P>• [Address.]</P>
                    <P>
                        The Plan Processor must maintain valid Customer and [Customer] Account 
                        <E T="03">Attributes</E>
                        [Information] for each trading day and provide a method for Participants' regulatory staff and the SEC to easily obtain historical changes to that information[ (
                        <E T="03">e.g.,</E>
                         name changes, address changes, etc.)].
                    </P>
                    <P>[The Plan Processor will design and implement a robust data validation process for submitted Firm Designated ID, Customer Account Information and Customer Identifying Information, and must continue to process orders while investigating Customer information mismatches. Validations should:</P>
                    <P>• Confirm the number of digits on a SSN,</P>
                    <P>• Confirm date of birth, and</P>
                </EXTRACT>
                <EXTRACT>
                    <P>• Accommodate the situation where a single SSN is used by more than one individual.]</P>
                    <P>
                        The Plan Processor will use the [Customer information] 
                        <E T="03">Transformed Identifier</E>
                         submitted by all broker-dealer CAT Reporters to 
                        <E T="03">the isolated CCID Subsystem to</E>
                         assign a unique Customer-ID for each Customer. The Customer-ID must be consistent across all broker-dealers that have an account associated with that Customer. This unique CAT-Customer-ID will not be returned to CAT Reporters and will only be used internally by the CAT.
                    </P>
                    <P>
                        Broker-Dealers will initially submit full account lists for all active accounts to the Plan Processor and subsequently submit updates and changes on a daily basis. In addition, the Plan Processor must have a process to periodically receive full account lists to ensure the completeness and accuracy of the account database. The Central Repository must support account structures that have multiple account owners and associated Customer information (joint accounts, managed accounts, etc.), and must be able to link accounts that move from one CAT Reporter to another (
                        <E T="03">e.g.,</E>
                         due to mergers and acquisitions, divestitures, etc.).
                    </P>
                    <STARS/>
                    <HD SOURCE="HD1">9.2 Required Data Attributes for Customer Information Data Submitted by Industry Members</HD>
                    <P>At a minimum, the following Customer information data attributes must be accepted by the Central Repository:</P>
                    <P>• [Account Owner Name;]</P>
                    <P>• [Account Owner Mailing Address;]</P>
                    <P>
                        • [Account Tax Identifier (SSN, TIN, ITN)] 
                        <E T="03">Transformed Identifier (with respect to individuals) or EIN (with respect to legal entities);</E>
                    </P>
                    <P>• Market Identifiers (Larger Trader ID, LEI);</P>
                    <P>• Type of Account;</P>
                    <P>• Firm Identifier Number;</P>
                    <P>○ The number that the CAT Reporter will supply on all orders generated for the Account;</P>
                    <P>• Prime Broker ID;</P>
                    <P>• Bank Depository ID; and</P>
                    <P>• Clearing Broker.</P>
                    <STARS/>
                    <HD SOURCE="HD1">9.3 Customer-ID Tracking</HD>
                    <P>
                        The Plan Processor will assign a CAT-Customer-ID for each unique Customer. The Plan Processor will [determine] 
                        <E T="03">generate and assign</E>
                         a unique 
                        <E T="03">CAT-</E>
                        Customer
                        <E T="03">-ID</E>
                         [using information such as SSN and DOB for natural persons or entity identifiers for Customers that are not natural persons and will resolve discrepancies] 
                        <E T="03">for each Transformed Identifier submitted by broker-dealer CAT Reporters to the isolated CCID Subsystem.</E>
                         Once a CAT-Customer-ID is assigned, it will be added to each linked (or unlinked) order record for that Customer.
                    </P>
                    <P>Participants and the SEC must be able to use the unique CAT-Customer-ID to track orders from any Customer or group of Customers, regardless of what brokerage account was used to enter the order.</P>
                    <STARS/>
                    <HD SOURCE="HD1">9.4 Error Resolution for Customer Data</HD>
                    <P>[The Plan Processor must design and implement procedures and mechanisms to handle both minor and material inconsistencies in Customer information. The Central Repository needs to be able to accommodate minor data discrepancies such as variations in road name abbreviations in searches. Material inconsistencies such as two different people with the same SSN must be communicated to the submitting CAT Reporters and resolved within the established error correction timeframe as detailed in Section 8.]</P>
                    <P>The Central Repository must have an audit trail showing the resolution of all errors. The audit trail must, at a minimum, include the:</P>
                    <P>• CAT Reporter submitting the data;</P>
                    <P>• Initial submission date and time;</P>
                    <P>• Data in question or the ID of the record in question;</P>
                    <P>
                        • Reason identified as the source of the issue[, such as:]
                        <E T="03">;</E>
                    </P>
                    <P>○ [duplicate SSN, significantly different Name;]</P>
                    <P>○ [duplicate SSN, different DOB;]</P>
                    <P>○ [discrepancies in LTID; or]</P>
                    <P>○ [others as determined by the Plan Processor;]</P>
                    <P>• Date and time the issue was transmitted to the CAT Reporter, included each time the issue was re-transmitted, if more than once;</P>
                    <P>• Corrected submission date and time, including each corrected submission if more than one, or the record ID(s) of the corrected data or a flag indicating that the issue was resolved and corrected data was not required; and</P>
                    <P>• Corrected data, the record ID, or a link to the corrected data.</P>
                    <STARS/>
                    <HD SOURCE="HD1">
                        <E T="7462">9.5 Deletion From CAIS of Certain Reported Customer Data</E>
                    </HD>
                    <P>
                        <E T="03">Notwithstanding any other provision of the CAT NMS Plan, this Appendix D, or the Exchange Act, CAT LLC shall direct the Plan Processor to develop and implement a mechanism to delete from CAIS, or otherwise make inaccessible to regulatory users, the following data attributes: Customer name, Customer address, account name, account address, authorized trader names list, account number, day of birth, month of birth, year of birth, and ITIN/SSN. For the avoidance of doubt, such data attributes do not constitute records that must be retained under Exchange Act Rule 17a-1. CAT LLC or the Plan Processor shall be permitted to delete any such information that has been improperly reported by an Industry Member to the extent that either becomes aware of such improper reporting through self-reporting or otherwise.</E>
                    </P>
                    <STARS/>
                    <HD SOURCE="HD1">10. User Support</HD>
                    <HD SOURCE="HD1">10.1 CAT Reporter Support</HD>
                    <STARS/>
                    <P>The Plan Processor must develop tools to allow each CAT Reporter to:</P>
                    <STARS/>
                    <P>
                        • Manage Customer and [Customer] Account 
                        <E T="03">Attributes</E>
                        [Information];
                    </P>
                    <STARS/>
                    <HD SOURCE="HD1">10.3 CAT Help Desk</HD>
                    <STARS/>
                    <P>CAT Help Desk support functions must include:</P>
                    <STARS/>
                    <P>
                        • Supporting CAT Reporters with data submissions and data corrections, including submission of Customer and [Customer] Account 
                        <E T="03">Attributes</E>
                        [Information];
                    </P>
                </EXTRACT>
                <STARS/>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04516 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12857"/>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102670; File No. SR-EMERALD-2025-07]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule To Adopt New Fee Categories for the Exchange's Proprietary Market Data Feeds</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 13, 2025, MIAX Emerald, LLC (“Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Item I below, which Item has been substantially prepared by the Exchange. The Exchange has designated this proposal for immediate effectiveness pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>3</SU>
                    <FTREF/>
                     and Rule 19b-4(f) thereunder.
                    <SU>4</SU>
                    <FTREF/>
                     The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         17 CFR 240.19b-4(f). At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>The Exchange proposes to amend the MIAX Emerald Options Exchange Fee Schedule (the “Fee Schedule”) to, among other things, adopt new fee categories for the Exchange's proprietary market data feeds: (1) the Top of Market (“ToM”) feed, (2) the Complex Top of Market feed (“cToM”), (3) the Administrative Information Subscriber feed (“AIS”), and (4) the MIAX Emerald Order Feed (“MOR”) (collectively, the “market data feeds”).</P>
                <P>
                    The proposed rule change, including the Exchange's statement of the purpose of, and statutory basis for, the proposed rule change, is available on the Exchange's website at 
                    <E T="03">https://www.miaxglobal.com/markets/us-options/emerald-options/rule-filings</E>
                     and on the Commission's website at 
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-EMERALD-2025-07.</E>
                </P>
                <HD SOURCE="HD1">II. Solicitation of Comments</HD>
                <P>
                    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act.
                    <SU>5</SU>
                    <FTREF/>
                     Comments may be submitted electronically by using the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-EMERALD-2025-07</E>
                    ) or by sending an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-EMERALD-2025-07 on the subject line. Alternatively, paper comments may be sent to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to file number SR-EMERALD-2025-07. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-EMERALD-2025-07</E>
                    ). Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-EMERALD-2025-07 and should be submitted on or before April 9, 2025.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange.
                    </P>
                </FTNT>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>6</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04517 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Investment Company Act Release No. 35501; File No. 812-15719]</DEPDOC>
                <SUBJECT>Antares Strategic Credit Fund, et al.</SUBJECT>
                <DATE>March 14, 2025.</DATE>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Securities and Exchange Commission (“Commission” or “SEC”).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <P>Notice of an application under Section 6(c) of the Investment Company Act of 1940 (“Act”) for an exemption from Sections 18(a)(2), 18(c), 18(i), and 61(a) of the Act.</P>
                <PREAMHD>
                    <HD SOURCE="HED">Summary of Application:</HD>
                    <P>Applicants request an order to permit certain registered closed-end investment companies that have elected to be regulated as business development companies to issue multiple classes of shares with varying sales loads and asset-based distribution and/or service fees.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Applicants:</HD>
                    <P>Antares Strategic Credit Fund, Antares Private Credit Fund and Antares Capital Credit Advisers LLC.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Filing Dates:</HD>
                    <P>The application was filed on March 10, 2025 and amended on March 14, 2025.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Hearing or Notification of Hearing:</HD>
                    <P>
                        An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing on any application by emailing the SEC's Secretary at 
                        <E T="03">Secretarys-Office@sec.gov</E>
                         and serving the Applicants with a copy of the request by email, if an email address is listed for the relevant Applicant below, or personally or by mail, if a physical address is listed for the relevant Applicant below.
                    </P>
                    <P>
                        Hearing requests should be received by the Commission by 5:30 p.m. on April 8, 2025, and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish 
                        <PRTPAGE P="12858"/>
                        to be notified of a hearing may request notification by emailing the Commission's Secretary at 
                        <E T="03">Secretarys-Office@sec.gov</E>
                        .
                    </P>
                </PREAMHD>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Commission: 
                        <E T="03">Secretarys-Office@sec.gov.</E>
                         Applicants: Malvika Gupta, Antares Capital LP, 320 South Canal Street, Ste. 4200, Chicago, IL 60606; William J. Bielefeld and Nadeea Zakaria, Dechert LLP, 1900 K Street NW, Washington, DC 20006.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Deepak T. Pai, Senior Counsel, or Thomas Ahmadifar, Branch Chief, at (202) 551-6825 (Division of Investment Management, Chief Counsel's Office).</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    For Applicants' representations, legal analysis, and conditions, please refer to Applicants' first amended and restated application, dated March 14, 2025, which may be obtained via the Commission's website by searching for the file number at the top of this document, or for an Applicant using the Company name search field, on the SEC's EDGAR system. The SEC's EDGAR system may be searched at, 
                    <E T="03">https://www.sec.gov/edgar/searchedgar/companysearch.</E>
                     You may also call the SEC's Office of Investor Education and Advocacy at (202) 551-8090.
                </P>
                <SIG>
                    <P>For the Commission, by the Division of Investment Management, under delegated authority.</P>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04646 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102652; File No. SR-DTC-2025-002]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Clearing Agency Risk Management Framework</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 10, 2025, The Depository Trust Company (“DTC”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been prepared by the clearing agency. DTC filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>3</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(4) thereunder.
                    <SU>4</SU>
                    <FTREF/>
                     The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         17 CFR 240.19b-4(f)(4).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Clearing Agency's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>The proposed rule change of The Depository Trust Company (“DTC”) as provided in Exhibit 5 amends the Clearing Agency Risk Management Framework (“Risk Management Framework” or “Framework”) of DTC and its affiliates, Fixed Income Clearing Corporation (“FICC”) and National Securities Clearing Corporation (“NSCC,” and together with FICC, the “CCPs” and the CCPs together with DTC, the “Clearing Agencies”). Specifically, the proposed rule change would amend the Risk Management Framework to make changes to clarify and update the Framework. The proposed changes would update and clarify (a) the quarterly review escalation process, (b) the annual review process as it relates to “done-away” clearing activity, (c) removal of references to Systemic Risk Council, and (d) other immaterial changes for clarification purposes.</P>
                <P>
                    The proposed rule change, including the Clearing Agency's statement of the purpose of, and statutory basis for, the proposed rule change, is available on the Clearing Agency's website at 
                    <E T="03">https://www.dtcc.com/legal/sec-rule-filings</E>
                     and on the Commission's website at 
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/DTC?file_number=SR-DTC-2025-002.</E>
                </P>
                <HD SOURCE="HD1">II. Solicitation of Comments</HD>
                <P>
                    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act.
                    <SU>5</SU>
                    <FTREF/>
                     Comments may be submitted electronically by using the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-DTC-2025-002</E>
                    ) or by sending an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-DTC-2025-002 on the subject line. Alternatively, paper comments may be sent to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to file number SR-DTC-2025-002. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-DTC-2025-002</E>
                    ). Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to File Number SR-DTC-2025-002 and should be submitted on or before April 9, 2025.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of SRO.
                    </P>
                </FTNT>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>6</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04506 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102661; File No. SR-NASDAQ-2025-027]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Equity 4, Rules 4120, 4702 4703, and 4757</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 13, 2025, The Nasdaq Stock Market LLC (“Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Item I below, which Item has been substantially 
                    <PRTPAGE P="12859"/>
                    prepared by the Exchange. The Exchange has designated this proposal for immediate effectiveness pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>3</SU>
                    <FTREF/>
                     and Rule 19b-4(f) thereunder.
                    <SU>4</SU>
                    <FTREF/>
                     The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         17 CFR 240.19b-4(f). At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>The Exchange proposes to establish “CORE FIX” or “CF” as a new Order Entry Protocol on the Exchange, and to amend Equity 4, Rules 4120, 4702, 4703, and 4757 to add the new CORE FIX protocol. CF will cater to the customer segment that currently uses FIX but does not use its routing capabilities. Using the same standardized protocol as FIX, but eliminating the intricate RASH-based software layer that provides for Order routing functionality, will streamline order handling behavior and improve Order latency relative to either FIX or RASH. The proposed rule change will not make any other substantive changes to the rules.</P>
                <P>
                    The proposed rule change, including the Exchange's statement of the purpose of, and statutory basis for, the proposed rule change, is available on the Exchange's website at 
                    <E T="03">https://listingcenter.nasdaq.com/rulebook/nasdaq/rulefilings</E>
                     and on the Commission's website at 
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-NASDAQ-2025-027.</E>
                </P>
                <HD SOURCE="HD1">II. Solicitation of Comments</HD>
                <P>
                    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act.
                    <SU>5</SU>
                    <FTREF/>
                     Comments may be submitted electronically by using the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-NASDAQ-2025-027</E>
                    ) or by sending an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-NASDAQ-2025-027 on the subject line. Alternatively, paper comments may be sent to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to file number SR-NASDAQ-2025-027. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-NASDAQ-2025-027</E>
                    ). Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-NASDAQ-2025-027 and should be submitted on or before April 9, 2025.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange.
                    </P>
                </FTNT>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>6</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04514 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102660; File No. SR-SAPPHIRE-2025-12]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Notice of Filing of a Proposed Rule Change, as Modified by Partial Amendment Nos. 1 and 2, by MIAX Sapphire, LLC To Amend Exchange Rule 402, Criteria for Underlying Securities, To List and Trade Options on Commodity-Based Trust Shares</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to the provisions of Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 5, 2025, MIAX Sapphire, LLC (“MIAX Sapphire” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange.
                    <SU>3</SU>
                    <FTREF/>
                     The Commission is publishing this notice to solicit comments on the proposed rule change, as modified by Partial Amendment Nos. 1 and 2, from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         On March 11, 2025, the Exchange filed Partial Amendment No. 1 to the proposed rule change. In addition to the changes described herein, Partial Amendment No. 1 corrected a marking error in proposed changes to the rule text in Exhibit 5. On March 12, 2025, the Exchange filed Partial Amendment No. 2 to the proposed rule change to correct a marking error in proposed changes to the rule text in Exhibit 5 as modified by Partial Amendment No. 1.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>The Exchange proposes to amend proposes to amend Exchange Rule 402, Criteria for Underlying Securities, to list and trade options on Commodity-Based Trust Shares.</P>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">https://www.miaxglobal.com/markets/us-options/miax-sapphire/rule-filings,</E>
                     at the Exchange's principal office, and at the Commission's Public Reference Room.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange proposes to amend Exchange Rule 402, Criteria for Underlying Securities,
                    <SU>4</SU>
                    <FTREF/>
                     to allow the 
                    <PRTPAGE P="12860"/>
                    listing and trading of options on units that represent interests in a trust that in a Commodity-Based Trust. This is a competitive filing substantively identical to proposals submitted by Nasdaq ISE, LLC (“ISE”), NYSE American, LLC (“NYSE American”), NYSE Arca Inc. (“NYSE Arca”) and Cboe Exchange, Inc. (“Cboe”), which are currently pending with the Securities and Exchange Commission (the “Commission”).
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The Exchange notes that its affiliate options exchanges, Miami International Securities Exchange, LLC (“MIAX ”) and MIAX Pearl, LLC 
                        <PRTPAGE/>
                        (“MIAX Pearl”), submitted (or will submit) substantively similar proposals. The Exchange notes that the rules of Chapter IV of MIAX, including Exchange Rule 402, are incorporated by reference into the MIAX Emerald, LLC (“MIAX Emerald”) rulebook.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102465 (February 20, 2025) (SR-ISE-2025-08); SRNYSEArca-2025-16 (February 24, 2025); and SR-NYSEAmerican-2025-07 (February 24, 2025) and SR-Cboe-2025-014. Partial Amendment No. 1 added the citation to SR-CBOE-2025-014.
                    </P>
                </FTNT>
                <P>The Exchange proposes to allow the listing and trading of options on units that represent interests in a trust that in a Commodity-Based Trust. A Commodity-Based Trust is defined at The Nasdaq Stock Market LLC Rule 5711(d)(iv), NYSE Arca Rule 8.201(c), and Cboe BZX Exchange, Inc. 14.11(e)(4) as a security that is issued by a trust that holds (i) a specified commodity deposited with the Trust, or (ii) a specified commodity and, in addition to such specified commodity, cash; (b) that is issued by such Trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (c) that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such Trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash (“Commodity-Based Trust Share”).</P>
                <P>The Exchange proposes to amend Exchange Rule 402(i) to provide that</P>
                <EXTRACT>
                    <P>
                        (i) Securities deemed appropriate for options trading shall include shares or other securities (“Exchange-Traded Fund Shares”) that are traded on a national securities exchange and are defined as an “NMS stock” under Rule 600 of Regulation NMS, and that . . . (4) represent interests in (i) a security issued by a trust that holds (A) a specified commodity deposited with the trust, or (B) a specified commodity and, in addition to such specified commodity, cash; (ii) that is issued by such trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (iii) that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash (“Commodity-Based Trust Share”).
                        <SU>6</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             Partial Amendment No. 1 removed text incorrectly included in the block quote describing proposed Exchange Rule 402(i).
                        </P>
                    </FTNT>
                </EXTRACT>
                <P>
                    The Exchange proposes to insert this rule text and remove references to the SPDR® Gold Trust, the iShares COMEX Gold Trust, the iShares Silver Trust, the Aberdeen Standard Silver ETF Trust, the Aberdeen Standard Physical Gold Trust, the Aberdeen Standard Palladium ETF Trust, the Aberdeen Standard Platinum ETF Trust, the Goldman Sachs Physical Gold ETF, the Sprott Physical Gold Trust, the iShares Bitcoin Trust, the Grayscale Bitcoin Trust, the Grayscale Bitcoin Mini Trust, the Bitwise Bitcoin ETF, the Fidelity Wise Origin Bitcoin Fund, and the ARK 21 Shares Bitcoin ETF which are all Commodity-Based Trust Shares. As a result of this proposed rule change, the Exchange's listing criteria would allow any ETF approved to list on a primary equities market as a Commodity-Based Trust Share to qualify as an underlying for options traded on the Exchange, provided other listing criteria have been met.
                    <SU>7</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         The Exchange believes this proposal is consistent with the Options Clearing Corporation (“OCC”) recent amendment of “Fund Share” (which covers ETFs), as defined in OCC's By-Laws (including the Interpretation and Policy), to remove references to specific precious metal commodity-based ETFs as “no longer relevant or necessary.” See Securities Exchange Act Release No. 102018 (December 20, 2024), 89 FR 106660 (December 30, 2024) (SR-OCC-2024-018). The impetus for this rule change was the staff advisory issued by the Commodity Futures Trading Commission (“CFTC”) that deemed it “ “substantially likely' that spot commodity ETF shares would be held to be securities” which, in turn, resulted in the OCC's determination that “it no longer needs to seek product-by-product exemptive relief from the CFTC to clear spot commodity-based ETF products, including precious metals commodity-based ETFs.” 
                        <E T="03">See id.</E>
                         at 106661; 
                        <E T="03">see also</E>
                         CFTC Staff Advisory Relating to the Clearing of Options on Spot Commodity Exchange Traded Funds (ETFs), Letter No. 24-16 (Nov. 15, 2024), 
                        <E T="03">available at</E>
                          
                        <E T="03">https://www.cftc.gov/csl/24-16/download.</E>
                    </P>
                </FTNT>
                <P>
                    The Exchange's initial listing standards as set forth in Exchange Rule 402(a) for Exchange Traded Fund Shares (“ETFs”) on which options may be listed and traded on the Exchange, will continue to apply. Pursuant to Exchange Rule 402(a), a security (which includes ETFs) on which options may be listed and traded on the Exchange must be a security registered (with the Commission) and be an NMS stock (as defined in Rule 600 of Regulation NMS under the Act), and be characterized by a substantial number of outstanding shares that are widely held and actively traded.
                    <SU>8</SU>
                    <FTREF/>
                     Additionally, Exchange Rule 402(i)(5)(i) requires that the ETFs must either (1) meet the criteria and standards set forth in Exchange Rule 402(a) or 402(b),
                    <SU>9</SU>
                    <FTREF/>
                     or (2) be available for creation or redemption each business day from or through the issuer in cash or in kind at a price related to net asset value, and the issuer must be obligated to issue ETFs in a specified aggregate number even if some or all of the investment assets required to be deposited have not been received by the issuer, subject to the condition that the person obligated to deposit the investments has undertaken to deliver the investment assets as soon as possible and such undertaking is secured by the delivery and maintenance of collateral consisting of cash or cash equivalents satisfactory to the issuer, as provided in the respective prospectus.
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         The criteria and guidelines for a security to be considered widely held and actively traded are set forth in Exchange Rule 402(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         Subparagraphs (a) and (b) of Exchange Rule 402 provide for guidelines to be used by the Exchange when evaluating potential underlying securities for Exchange option transactions.
                    </P>
                </FTNT>
                <P>Additionally, a Commodity-Based Trust Share will also be subject to the Exchange's continued listing standards for options on ETFs set forth in Exchange Rule 403(g) for ETFs deemed appropriate for options trading pursuant to Exchange Rule 402(i). Specifically, options approved for trading pursuant to Exchange Rule 402(i) will not be deemed to meet the requirements for continued approval, and the Exchange shall not open for trading any additional series of option contracts of the class covering such ETFs if the ETFs are delisted from trading as provided in Exchange rule 403(b)(4) or the ETFs are halted or suspended from trading on their primary market. Additionally, options on ETFs may be subject to the suspension of opening transactions in any of the following circumstances: </P>
                <EXTRACT>
                    <P>(1) in the case of options covering ETFs approved for trading under Exchange Rule 402(i)(5)(i)(A), in accordance with the terms of paragraphs (b)(1), (2), and (3) of Exchange Rule 403;</P>
                    <P>(2) in the case of options covering ETFs approved for trading under Exchange Rule 402(i)(5)(i)(B), following the initial twelve-month period beginning upon the commencement of trading in the ETFs on a national securities exchange and are defined as an NMS stock, there are fewer than 50 record and/or beneficial holders of such ETFs for 30 or more consecutive trading days;</P>
                    <P>(3) the value of the index or portfolio of securities, non-U.S. currency, or portfolio of commodities including commodity futures contracts, options on commodity futures contracts, swaps, forward contracts and/or options on physical commodities and/or financial instruments and money market instruments on which the ETFs are based is no longer calculated or available; or</P>
                    <P>
                        (4) such other event shall occur or condition exist that in the opinion of the 
                        <PRTPAGE P="12861"/>
                        Exchange makes further dealing in such options on the Exchange inadvisable.
                    </P>
                </EXTRACT>
                <P>
                    The Exchange notes that ETFs that hold financial instruments, money market instruments, precious metal commodities, or cryptocurrencies that are deemed commodities on which the Exchange may already list and trade options pursuant to Exchange Rule 402(i) are trusts structured in substantially the same manner as options on a Commodity Based Trust Share and essentially offer the same objectives and benefits to investors, just with respect to different assets. The Exchange notes that it has not identified any issues with the continued listing and trading of any ETF options, including ETFs that hold commodities (
                    <E T="03">e.g.,</E>
                     precious metals, cryptocurrencies) that it currently lists and trades on the Exchange.
                </P>
                <P>
                    Options on a Commodity-Based Fund Share will be physically settled contracts with American-style exercise.
                    <SU>10</SU>
                    <FTREF/>
                     Consistent with Exchange Rule 404, which governs the opening of options series on a specific underlying security (including ETFs), the Exchange will open at least one expiration month for options on a Commodity-Based Trust Share 
                    <SU>11</SU>
                    <FTREF/>
                     and may also list series of options on Commodity-Based Trust Share for trading on a weekly,
                    <SU>12</SU>
                    <FTREF/>
                     monthly,
                    <SU>13</SU>
                    <FTREF/>
                     or quarterly 
                    <SU>14</SU>
                    <FTREF/>
                     basis. The Exchange may also list long-term equity option series (“LEAPS”) that expire from 12 to 39 months from the time they are listed.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 401, which provides that the rights and obligations of holders and writers are set forth in the Rules of the Options Clearing Corporation (“OCC”); 
                        <E T="03">see also</E>
                         OCC Rules, Chapters VIII (which governs exercise and assignment) and Chapter IX (which governs the discharge of delivery and payment obligations arising out of the exercise of physically settled stock option contracts).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404(b). The monthly expirations are subject to certain listing criteria for underlying securities described within Exchange Rule 404 and its Interpretations and Policies. Monthly listings expire the third Friday of the month. The term “expiration date” (unless separately defined elsewhere in the OCC By-Laws), when used in respect of an option contract (subject to certain exceptions), means the third Friday of the expiration month of such option contract, or if such Friday is a day on which the exchange on which such option is listed is not open for business, the preceding day on which such exchange is open for business. 
                        <E T="03">See</E>
                         OCC By-Laws Article I, Section 1. Pursuant to Exchange Rule 404(c), additional series of options of the same class may be opened for trading on the Exchange when the Exchange deems it necessary to maintain an orderly market, to meet customer demand or when the market price of the underlying stock moves more than five strike prices from the initial exercise price or prices. Pursuant to Exchange Rule 404(e), new series of options on an individual stock may be added until the beginning of the month in which the options contract will expire. Due to unusual market conditions, the Exchange, in its discretion, may add a new series of options on an individual stock until the close of trading on the business day prior to expiration.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies .02.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies .13.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies .03.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 406. Partial Amendment No. 1 corrected this rule citation.
                    </P>
                </FTNT>
                <P>
                    Pursuant to Exchange Rule 404, Interpretations and Policies.06, which governs strike prices of series of options on ETFs, the interval between strike prices of series of options on ETFs approved for options trading pursuant to Exchange Rule 402(i) shall be fixed at a price per share which is reasonably close to the price per share at which the underlying security is traded in the primary market at or about the same time such series of options is first open for trading on the Exchange, or at such intervals as may have been established on another options exchange prior to the initiation of trading on the Exchange. With respect to the Short Term Options Series or Weekly Program, during the month prior to expiration of an option class that is selected for the Short Term Option Series Program, the strike price intervals for the related non-Short Term Option (“Related non-Short Term Option”) shall be the same as the strike price intervals for the Short Term Option.
                    <SU>16</SU>
                    <FTREF/>
                     Specifically, the Exchange may open for trading Short Term Option Series at strike price intervals of (i) $0.50 or greater where the strike price is less than $100, and $1 or greater where the strike price is between $100 and $150 for all option classes that participate in the Short Term Options Series Program; (ii) $0.50 for option classes that trade in one dollar increments and are in the Short Term Option Series Program; or (iii) $2.50 or greater where the strike price is above $150.
                    <SU>17</SU>
                    <FTREF/>
                     Additionally, the Exchange may list series of options pursuant to the $1 Strike Price Interval Program,
                    <SU>18</SU>
                    <FTREF/>
                     the $0.50 Strike Program,
                    <SU>19</SU>
                    <FTREF/>
                     and the $2.50 Strike Price Program.
                    <SU>20</SU>
                    <FTREF/>
                     Pursuant to Exchange Rule 510, where the price of a series of options on a Commodity-Based Trust Share is less than $3.00, the minimum increment will be $0.05, and where the price is $3.00 or higher, the minimum increment will be $0.10 
                    <SU>21</SU>
                    <FTREF/>
                     consistent with the minimum increments for options on other ETFs listed on the Exchange. Any and all new series of a Commodity-Based Trust Share options that the Exchange lists will be consistent and comply with the expirations, strike prices, and minimum increments set forth in Rules 404 and 510, as applicable.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies .02(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies.01.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies.04.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404(f).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 510.
                    </P>
                </FTNT>
                <P>Options on a Commodity-Based Trust Share will trade in the same manner as options on other ETFs on the Exchange. The Exchange Rules that currently apply to the listing and trading of all options on ETFs on the Exchange, including, for example, Rules that govern listing criteria, expirations, exercise prices, minimum increments, position and exercise limits, margin requirements, customer accounts and trading halt procedures would apply to the listing and trading of options on a Commodity-Based Trust Share on the Exchange in the same manner as they apply to other options on all other ETFs that are listed and traded on the Exchange.</P>
                <P>Position and exercise limits for options on ETFs, including options on a Commodity-Based Trust Share, are determined pursuant to the Exchange's affiliate MIAX Rules 307 and 309, respectively. Position and exercise limits for ETF options vary according to the number of outstanding shares and the trading volumes of the underlying ETF over the past six months, where the largest in capitalization and the most frequently traded ETFs have an option position and exercise limits of 250,000 contracts (with adjustments for splits, re-capitalizations, etc.) on the same side of the market; and smaller capitalization ETFs have position and exercise limits of 200,000, 75,000, 50,000 or 25,000 contracts (with adjustments for splits, re-capitalizations, etc.) on the same side of the market. The Exchange further notes that the Exchange's affiliate MIAX Rule 1502, which governs margin requirements applicable to trading on the Exchange, including options on ETFs, will also apply to the trading on a Commodity-Based Trust Share options.</P>
                <P>
                    The Exchange represents that the same surveillance procedures applicable to all other options on other ETFs currently listed and traded on the Exchange will apply to options on a Commodity Based Trust Share that it applies to the Exchange's other options products.
                    <SU>22</SU>
                    <FTREF/>
                     The Exchange believes that its existing surveillance and reporting safeguards are designed to deter and 
                    <PRTPAGE P="12862"/>
                    detect possible manipulative behavior which might potentially arise from listing and trading options on ETFs, including any options on a Commodity-Based Trust Share. Additionally, the Exchange is a member of the Intermarket Surveillance Group (“ISG”) under the Intermarket Surveillance Group Agreement. ISG members work together to coordinate surveillance and investigative information sharing in the stock, options, and futures markets. In addition, the Exchange has a Regulatory Services Agreement with the Financial Industry Regulatory Authority (“FINRA”). Pursuant to a multi-party 17d-2 joint plan, all options exchanges allocate regulatory responsibilities to FINRA to conduct certain options-related market surveillance that are common to rules of all options exchanges.
                    <SU>23</SU>
                    <FTREF/>
                     Also, the Exchange may obtain information from CME Group Inc.'s designated contract markets that are members of the ISG related to a financial instrument that is based, in whole or in part, upon an interest in or performance of a commodity, as applicable. Further, the Exchange will implement any new surveillance procedures it deems necessary to effectively monitor the trading of options on Commodity-Based Fund Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         The surveillance program includes real-time patterns for price and volume movements and post-trade surveillance patterns (
                        <E T="03">e.g.,</E>
                         spoofing, marking the close, pinging, phishing).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         Section 19(g)(1) of the Act, among other things, requires every SRO registered as a national securities exchange or national securities association to comply with the Act, the rules and regulations thereunder, and the SRO's own rules, and, absent reasonable justification or excuse, enforce compliance by its members and persons associated with its members. 
                        <E T="03">See</E>
                         15 U.S.C. 78q(d)(1) and 17 CFR 240.17d-2. Section 17(d)(1) of the Act allows the Commission to relieve an SRO of certain responsibilities with respect to members of the SRO who are also members of another SRO (“common members”). Specifically, Section 17(d)(1) allows the Commission to relieve an SRO of its responsibilities to: (i) receive regulatory reports from such members; (ii) examine such members for compliance with the Act and the rules and regulations thereunder, and the rules of the SRO; or (iii) carry out other specified regulatory responsibilities with respect to such members.
                    </P>
                </FTNT>
                <P>The Exchange has also analyzed its capacity and represents that it believes the Exchange and the Options Price Reporting Authority (“OPRA”) have the necessary systems capacity to handle the additional traffic associated with the listing of new series of ETFs, including options on a Commodity-Based Trust Share, up to the number of expirations currently permissible under the Exchange Rules. The Exchange believes any additional traffic generated from the trading of options on Commodity-Based Trust Shares would be manageable. The Exchange represents that Exchange members will not have a capacity issue as a result of this proposed rule change.</P>
                <P>Further, quotation and last sale information for Commodity-Based Trust Shares is available via the Consolidated Tape Association (“CTA”) high speed line. Quotation and last sale information for such securities is also available from the exchange on which such securities are listed. Quotation and last sale information for options on Commodity-Based Trust Shares will be available via OPRA and major market data vendors.</P>
                <P>
                    The Exchange notes that the Commission has previously approved generic listing standards pursuant to Rule 19b-4(e) of the Act 
                    <SU>24</SU>
                    <FTREF/>
                     for ETFs based on indexes that consist of stocks listed on U.S. exchanges.
                    <SU>25</SU>
                    <FTREF/>
                     In addition, the Commission has previously approved proposals for the listing and trading of options on ETFs based on international indexes as well as global indexes (
                    <E T="03">e.g.,</E>
                     based on non-U.S. and U.S. component stocks).
                    <SU>26</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         17 CFR 240.19b-4(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         See Securities Exchange Act Release No. 54739 (November 9, 2006), 71 FR 66993 (November 17, 2006) (SR-AMEX-2006-78) (approval order relating to generic listing standards for ETFs based on international or global indexes).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Securities Exchange Act Release Nos. 56778 (November 9, 2007), 72 FR 65113 (November 19, 2007) (SR-AMEX-2007-100) (approval order to list and trade options on iShares MSCI Mexico Index Fund); and 55648 (April 19, 2007), 72 FR 20902 (April 26, 2007) (SR-AMEX-2007-09) (approval order to list and trade options on Vanguard Emerging Markets ETF); 
                        <E T="03">see also</E>
                         Securities Exchange Act Release Nos. 50189 (August 12, 2004), 69 FR 51723 (August 20, 2004) (SR-AMEX-2001-05) (approving the listing and trading of certain Vanguard International Equity Index Funds); and 44700 (August 14, 2001), 66 FR 43927 (August 21, 2001) (SR-2001-34) (approving the listing and trading of series of the iShares Trust based on foreign stock indexes).
                    </P>
                </FTNT>
                <P>
                    In approving Commodity-Based Trust Shares for equities exchange trading, the Commission thoroughly considered the structure of the Commodity-Based Trust Shares, their usefulness to investors and to the markets, and self-regulatory organization rules that govern their trading. The Exchange believes that allowing the listing of options overlying Commodity-Based Trust Shares that are listed pursuant to Commission approval on equities exchanges and applying Rule 19b-4(e) 
                    <SU>27</SU>
                    <FTREF/>
                     should fulfill the intended objective of that rule by allowing options on those Commodity-Based Trust Shares that have satisfied the generic listing standards to commence trading, without the need for the public comment period and Commission approval. The proposed rule change has the potential to significantly reduce the time and costs associated with bringing options on Commodity-Based Trust Shares to market, thereby reducing the burden on issuers and other market participants, while also promoting competition among options exchanges, to the benefit of the investing public. The failure of a particular Commodity-Based Trust Share to comply with the generic listing standards under Rule 19b-4(e) 
                    <SU>28</SU>
                    <FTREF/>
                     would not, however, preclude the Exchange from submitting a separate filing pursuant to Section 19(b)(2) 
                    <SU>29</SU>
                    <FTREF/>
                     requesting Commission approval to list and trade options on a particular Commodity-Based Trust Share.
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         17 CFR 240.19b-4(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         15 U.S.C. 78s(b)(2).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.
                    <SU>30</SU>
                    <FTREF/>
                     Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>31</SU>
                    <FTREF/>
                     requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>32</SU>
                    <FTREF/>
                     requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    In particular, the Exchange believes that the proposal will remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, protect investors because it would allow the Exchange to immediately list and trade options on any Commodity-Based Trust Share, provided the initial listing criteria has been met, without any additional approvals from the Commission.
                    <SU>33</SU>
                    <FTREF/>
                     Commodity-Based Trust Shares are securities approved for trading by the Commission. The Exchange believes that with this proposal it will be able to 
                    <PRTPAGE P="12863"/>
                    offer options on a Commodity-Based Trust Share soon after the listing of such underlying security in the primary market, provided the initial listing criteria has been met, thereby availing market participants of the opportunity to hedge their positions in the ETF in a timely manner. Given the potential to reduce the time to market for options on Commodity-Based Trust Shares, the proposed rule change will also reduce the burdens on issuers and other market participants, while also promoting competition among options exchanges to the benefit of the investing public. This proposal would permit options on Commodity-Based Trust Shares to be listed on the Exchange in the same manner as all other securities that are subject to the current listing criteria in Exchange Rule 402. The Exchange notes that the majority of ETFs are able to list and trade options once the initial listing criteria have been met without the need for additional approvals. The proposed rule change would allow options on a Commodity-Based Trust Share to likewise list and trade options once the initial listing criteria have been met without the need for additional approvals. Accordingly, the proposed rule change would align the treatment of Commodity-Based Trust Shares with other ETFs for purposes of options trading, which would add internal consistency to Exchange rules.
                </P>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         As noted herein, the Exchange believes this proposal is consistent with the OCC's determination that, based on a staff advisory from the CFTC, the “it no longer needs to seek product-by-product exemptive relief from the CFTC to clear spot commodity-based ETF products.” 
                        <E T="03">See supra</E>
                         note 7.
                    </P>
                </FTNT>
                <P>The Exchange believes that the proposed rule change will facilitate the listing and trading of options on additional ETFs that will enhance competition among market participants, to the benefit of investors and the marketplace. Like options on any other securities, options on Commodity-Based Trust Shares provides investors with the ability to hedge exposure to the underlying security similar to options on any other securities. Options on Commodity-Based Trust Shares benefits investors, similar to the listing of any other option on an ETF, by providing investors with a relatively lower-cost risk management tool, to manage their positions and associated risk in their portfolios more easily in connection with exposure to the price of a commodity. Additionally, options on a Commodity-Based Trust Share provide investors with the ability to transact in such options in a listed market environment as opposed to in the unregulated OTC options market, which increases market transparency and enhances the process of price discovery conducted on the Exchange through increased order flow to the benefit of all investors.</P>
                <P>
                    The Exchange also notes that it already lists options on other commodity based ETFs,
                    <SU>34</SU>
                    <FTREF/>
                     which, as described above, are trusts structured as Commodity-Based Trust Shares. The Exchange has not identified any issues with the continued listing and trading of options on Commodity-Based Trust Shares it currently lists for trading.
                </P>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 402(i)(4).
                    </P>
                </FTNT>
                <P>
                    The Exchange also believes the proposed rule change will remove impediments to and perfect the mechanism of a free and open market and a national market system, because it is consistent with current Exchange Rules, previously filed with the Commission. Options on a Commodity-Based Trust Share must satisfy the initial listing standards and continued listing standards currently in the Exchange Rules applicable to options on all ETFs, including ETFs that hold other commodities already deemed appropriate for options trading on the Exchange.
                    <SU>35</SU>
                    <FTREF/>
                     Options on a Commodity-Based Trust Share would trade in the same manner as any other ETF options—the same Exchange Rules that currently govern the listing and trading of all ETF options, including permissible expirations, strike prices and minimum increments, and applicable position and exercise limits and margin requirements, will govern the listing and trading of options on a Commodity-Based Trust Share in the same manner.
                </P>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    The Exchange believes the proposed rule change will result in increased competition as other exchanges will likely adopt an identical rule to the one proposed by the Exchange that would allow the listing and trading of options on Commodity-Based Trust Shares that are approved for trading on those other markets.
                    <SU>36</SU>
                    <FTREF/>
                     Multiple listing of ETFs, options and other securities and competition are some of the central features of the national market system. The Exchange believes that the proposal would encourage a more open market and national market system based on competition and multiple listing. The Exchange represents that it has the necessary systems capacity to support the listing and trading of options on Commodity-Based Trust Shares as the Exchange lists these products today, except that it requires additional approvals prior to listing.
                </P>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         
                        <E T="03">See supra</E>
                         note 5.
                    </P>
                </FTNT>
                <P>
                    The Exchange believes that its existing surveillance and reporting safeguards are designed to deter and detect possible manipulative behavior which might arise from listing and trading of these ETF options.
                    <SU>37</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>37</SU>
                         Partial Amendment No. 1 removed a duplicative sentence from the beginning of this paragraph.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>
                    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. In this regard and as indicated above, the Exchange notes that the rule change is being proposed as a competitive response to the filings submitted by ISE, NYSE American, NYSE Arca, and Cboe.
                    <SU>38</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>38</SU>
                         
                        <E T="03">See supra</E>
                         note 5.
                    </P>
                </FTNT>
                <P>The Exchange believes that the proposal is pro-competitive and is a competitive response to the Exchange's inability to list options on Commodity-Based Trust Shares without the need for additional approvals. The Exchange believes the proposed rule change will result in additional investment options and opportunities to achieve the investment objectives of market participants seeking efficient trading and hedging vehicles, to the benefit of investors, market participants, and the marketplace in general. Competition is one of the principal features of the national market system. The Exchange believes that this proposal will expand competitive opportunities to list and trade products on the Exchange as noted.</P>
                <P>The Exchange does not believe the proposal will impose any burden on intra-market competition that is not necessary or appropriate in furtherance of the purposes of the Act because Commodity-Based Trust Shares, like any other ETF, would have to satisfy the Exchange's initial listing standards to be eligible for options trading. Additionally, the proposed rule change would apply to all market participants in the same manner as options on Commodity-Based Trust Shares will be equally available to all market participants who wish to trade such options.</P>
                <P>
                    The Exchange does not believe the proposal will impose any burden on inter-market competition that is not necessary or appropriate in furtherance of the purposes of the Act, as nothing prevents the other options exchanges from proposing similar rules to list and trade options on Commodity-Based Trust Shares. As noted herein, ISE, NYSE American, NYSE Arca, and Cboe have submitted a proposal to adopt an identical rule to allow ISE, NYSE American, NYSE Arca, and Cboe list 
                    <PRTPAGE P="12864"/>
                    and trade options on Commodity-Based Trust Shares without the need for additional approvals.
                    <SU>39</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>39</SU>
                         
                        <E T="03">See supra</E>
                         note 5.
                    </P>
                </FTNT>
                <P>Furthermore, the Exchange notes that listing and trading options on a Commodity-Based Trust Share on the Exchange will subject such options to transparent exchange-based rules as well as price discovery and liquidity, as opposed to alternatively trading such options in the OTC market. The Exchange believes that the proposed rule change may relieve any burden on, or otherwise promote, competition as it is designed to increase competition for order flow on the Exchange in a manner that is beneficial to investors by providing them with a lower-cost option to hedge their investment portfolios in a timely manner.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>Written comments were neither solicited nor received.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Within 45 days of the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                     or within such longer period up to 90 days (i) as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the Exchange consents, the Commission will:
                </P>
                <P>A. by order approve or disapprove such proposed rule change, or</P>
                <P>B. institute proceedings to determine whether the proposed rule change should be disapproved.</P>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-SAPPHIRE-2025-12 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-SAPPHIRE-2025-12. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-SAPPHIRE-2025-12 and should be submitted on or before April 9, 2025.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>40</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>40</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04513 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102673; File No. SR-SAPPHIRE-2025-13]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; MIAX Sapphire, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule To Adopt New Fee Categories for the Exchange's Proprietary Market Data Feeds</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 13, 2025, MIAX Sapphire, LLC (“Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Item I below, which Item has been substantially prepared by the Exchange. The Exchange has designated this proposal for immediate effectiveness pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>3</SU>
                    <FTREF/>
                     and Rule 19b-4(f) thereunder.
                    <SU>4</SU>
                    <FTREF/>
                     The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         17 CFR 240.19b-4(f). At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>The Exchange proposes to amend the MIAX Sapphire Options Exchange Fee Schedule (the “Fee Schedule”) to among other things, adopt new fee categories for the Exchange's proprietary market data feeds: (i) MIAX Sapphire Top of Market (“ToM”) data feed; (ii) MIAX Sapphire Complex Top of Market (“cToM”) data feed; and (iii) MIAX Sapphire Liquidity Feed (“SLF”) (collectively, the “market data feeds”).</P>
                <P>
                    The proposed rule change, including the Exchange's statement of the purpose of, and statutory basis for, the proposed rule change, is available on the Exchange's website at 
                    <E T="03">https://www.miaxglobal.com/markets/us-options/miax-sapphire/rule-filings</E>
                     and on the Commission's website at 
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-SAPPHIRE-2025-13.</E>
                </P>
                <HD SOURCE="HD1">II. Solicitation of Comments</HD>
                <P>
                    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act.
                    <FTREF/>
                    <SU>5</SU>
                      
                    <PRTPAGE P="12865"/>
                    Comments may be submitted electronically by using the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-SAPPHIRE-2025-13</E>
                    ) or by sending an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-SAPPHIRE-2025-13 on the subject line. Alternatively, paper comments may be sent to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to file number SR-SAPPHIRE-2025-13. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-SAPPHIRE-2025-13</E>
                    ). Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-SAPPHIRE-2025-13 and should be submitted on or before April 9, 2025.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be 
                        <PRTPAGE/>
                        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 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange.
                    </P>
                </FTNT>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>6</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04520 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102647; File No. SR-CBOE-2025-014]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of Filing of a Proposed Rule Change To Amend Rule 4.3 To Permit the Listing of Options on Commodity-Based Trust Shares</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 5, 2025, Cboe Exchange, Inc. (the “Exchange” or “Cboe Options”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>Cboe Exchange, Inc. (the “Exchange” or “Cboe Options”) proposes to amend Rule 4.3 to permit the listing of options on Commodity-Based Trust Shares. The text of the proposed rule change is provided in Exhibit 5.</P>
                <P>
                    The text of the proposed rule change is also available on the Exchange's website (
                    <E T="03">http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx</E>
                    ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange proposes to amend Rules 4.3 regarding the criteria for underlying securities. Specifically, the Exchange proposes to amend Rule 4.3, Interpretation and Policy .06(a)(4) to allow the Exchange to list and trade options on Units 
                    <SU>3</SU>
                    <FTREF/>
                     that represent interests in Commodity-Based Trusts. This is a competitive filing substantively identical to proposals submitted by other options exchanges that are currently pending with the Securities and Exchange Commission (the “Commission”).
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Rule 1.1 defines a “Unit” (which may also be referred to as an exchange-traded fund (“ETF”)) as a share or other security traded on a national securities exchange and defined as an NMS stock as set forth in Rule 4.3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102465 (February 20, 2025) (SR-ISE-2025-08); SR-NYSEArca-2025-16 (February 24, 2025); and SR-NYSEAmerican-2025-07 (February 24, 2025).
                    </P>
                </FTNT>
                <P>
                    A Commodity-Based Trust is defined in Cboe BZX Exchange, Inc. 14.11(e)(4), NYSE Arca, Inc. Rule 8.201(c)(1), and The Nasdaq Stock Market LLC Rule 5711(d)(iv) as a security (a) that is issued by a trust (“Trust”) that holds (1) a specified commodity deposited with the Trust, or (2) a specified commodity and, in addition to such specified commodity, cash; (b) that is issued by such Trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (c) that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such Trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash. The Exchange proposes to amend Rule 4.3, Interpretation and Policy .06 to provide that securities deemed appropriate for options trading include Units that represent interests in a security (A) issued by a trust that holds (i) a specified commodity deposited with the trust, or (ii) a specified commodity and, in addition to such specified commodity, cash; (B) that is issued by such trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (C) that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash (“Commodity-Based Trust Share”). The proposed rule change removes from that rule provision references to the SPDR Gold Trust, the iShares COMEX Gold Trust, the iShares Silver Trust, the Aberdeen Standard Physical Silver Trust, the Aberdeen Standard Physical Gold Trust, the Aberdeen Standard Physical Palladium Trust, the Aberdeen Standard Physical Platinum Trust, the Sprott Physical Gold Trust, the Goldman Sachs Physical Gold ETF, the Fidelity Wise Origin Bitcoin Fund, the ARK 21Shares Bitcoin ETF, the iShares Bitcoin Trust, the Grayscale Bitcoin Trust, the Grayscale Bitcoin Mini Trust, or the Bitwise Bitcoin ETF, which are all Commodity-Based Trust Shares, thus making references to those trusts no 
                    <PRTPAGE P="12866"/>
                    longer necessary. As a result of this proposed rule change, the Exchange's listing criteria would allow any ETF approved to list on a primary equities market as a Commodity-Based Trust Share to qualify as an underlying for options traded on the Exchange, provided other listing criteria have been met.
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         The Exchange believes this proposal is consistent with the Options Clearing Corporation (“OCC”) recent amendment of “Fund Share” (which covers ETFs), as defined in OCC's By-Laws (including the Interpretation and Policy), to remove references to specific precious metal commodity-based ETFs as “no longer relevant or necessary.” 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102018 (December 20, 2024), 89 FR 106660 (December 30, 2024) (SR-OCC-2024-018). The impetus for this rule change was the staff advisory issued by the Commodity Futures Trading Commission (“CFTC”) that deemed it “`substantially likely' that spot commodity ETF shares would be held to be securities” which, in turn, resulted in the OCC's determination that “it no longer needs to seek product-by-product exemptive relief from the CFTC to clear spot commodity-based ETF products, including precious metals commodity-based ETFs.” 
                        <E T="03">See id.</E>
                         at 106661; 
                        <E T="03">see also</E>
                         CFTC Staff Advisory Relating to the Clearing of Options on Spot Commodity Exchange Traded Funds (ETFs), Letter No. 24-16 (Nov. 15, 2024), 
                        <E T="03">available at https://www.cftc.gov/csl/24-16/ download.</E>
                    </P>
                </FTNT>
                <P>
                    The Exchange's initial listing standards for Units on which options may be listed and traded on the Exchange will apply to Commodity-Based Trust Shares. Pursuant to Rule 4.3(a), a security (which includes a Unit) on which options may be listed and traded on the Exchange must be duly registered (with the Commission) and be an NMS stock (as defined in Rule 600 of Regulation NMS under the Securities Exchange Act of 1934, as amended (the “Act”)), and be characterized by a substantial number of outstanding shares that are widely held and actively traded. Pursuant to Rule 4.3, Interpretation and Policy .06, requires that Units must either (1) meet the criteria and standards set forth in Rule 4.3, Interpretation and Policy .01(a),
                    <SU>6</SU>
                    <FTREF/>
                     or (2) be available for creation or redemption each business day from or through the issuer in cash or in kind at a price related to net asset value, and the issuer must be obligated to issue Units in a specified aggregate number even if some or all of the investment assets required to be deposited have not been received by the issuer, subject to the condition that the person obligated to deposit the investments has undertaken to deliver the investment assets as soon as possible and such undertaking is secured by the delivery and maintenance of collateral consisting of cash or cash equivalents satisfactory to the issuer, as provided in the respective prospectus.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         Rule 4.3, Interpretation and Policy .01 provides for guidelines to be followed by the Exchange when evaluating potential underlying securities for Exchange option transactions.
                    </P>
                </FTNT>
                <P>
                    Additionally, Commodity-Based Trust Shares will also be subject to the Exchange's set forth in Rule 4.4, Interpretation and Policy .06 for Units deemed appropriate for options trading pursuant to Rule 4.3, Interpretation and Policy .06. Rule 4.4, Interpretation and Policy .06 provides that Units that were initially approved for options trading pursuant to Rule 4.3, Interpretation and Policy .06 shall be deemed not to meet the requirements for continued approval, and the Exchange shall not open for trading any additional series of option contracts of the class covering that such Units, if the Units cease to be an NMS stock or the Units are halted from trading in their primary market. Additionally, options on Units may be subject to the suspension of opening transactions in any of the following circumstances: (1) in the case of options covering Units approved for trading under Rule 4.3, Interpretation and Policy .06(b)(1), in accordance with the terms of paragraphs (a), (b), and (c) of Rule 4.4, Interpretation and Policy .01; (2) in the case of options covering Units approved for trading under Rule 4.3 Interpretation and Policy .06(b)(2) (as is the case for Commodity-Based Trust Shares), following the initial twelve-month period beginning upon the commencement of trading in the Units on a national securities exchange and are defined as an NMS stock, there are fewer than 50 record and/or beneficial holders of such Units for 30 or more consecutive trading days; (3) the value of the index or portfolio of securities, non-U.S. currency, or portfolio of commodities including commodity futures contracts, options on commodity futures contracts, swaps, forward contracts and/or options on physical commodities and/or financial instruments and money market instruments on which the Units are based is no longer calculated or available; or (4) such other event shall occur or condition exist that in the opinion of the Exchange makes further dealing in such options on the Exchange inadvisable. The Exchange notes that ETFs that hold financial instruments, money market instruments, precious metal commodities, or cryptocurrencies that are deemed commodities on which the Exchange may already list and trade options pursuant to Rule 4.3, Interpretation and Policy .06 are trusts structured in substantially the same manner as options on a Commodity-Based Trust Share and essentially offer the same objectives and benefits to investors, just with respect to different assets. The Exchange notes that it has not identified any issues with the continued listing and trading of any ETF options, including ETFs that hold commodities (
                    <E T="03">e.g.,</E>
                     precious metals, cryptocurrencies) that it currently lists and trades on the Exchange.
                </P>
                <P>
                    Options on a Commodity-Based Fund Share will be physically settled contracts with American-style exercise.
                    <SU>7</SU>
                    <FTREF/>
                     Consistent with current Rule 4.5, which governs the opening of options series on a specific underlying security (including Units), the Exchange will open at least one expiration month for options on a Commodity-Based Fund Share 
                    <SU>8</SU>
                    <FTREF/>
                     at the commencement of trading on the Exchange and may also list series of options on a Commodity-Based Fund Share for trading on a weekly,
                    <SU>9</SU>
                    <FTREF/>
                     monthly,
                    <SU>10</SU>
                    <FTREF/>
                     or quarterly 
                    <SU>11</SU>
                    <FTREF/>
                     basis. The Exchange may also list long-term equity option series (“LEAPS”) that expire from 12 to 180 months from the time they are listed.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Rule 4.2, which provides that the rights and obligations of holders and writers are set forth in the Rules of the Options Clearing Corporation (“OCC”); 
                        <E T="03">and</E>
                         Equity Options Product Specifications January 3, 2024), available at Equity Options Specifications (
                        <E T="03">cboe.com</E>
                        ); 
                        <E T="03">see also</E>
                         OCC Rules, Chapters VIII (which governs exercise and assignment) and Chapter IX (which governs the discharge of delivery and payment obligations arising out of the exercise of physically settled stock option contracts).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Rule 4.5(b). The monthly expirations are subject to certain listing criteria for underlying securities described within Rule 4.3. Monthly listings expire the third Friday of the month. The term “expiration date” (unless separately defined elsewhere in the OCC By-Laws), when used in respect of an option contract (subject to certain exceptions), means the third Friday of the expiration month of such option contract, or if such Friday is a day on which the exchange on which such option is listed is not open for business, the preceding day on which such exchange is open for business. 
                        <E T="03">See</E>
                         OCC By-Laws Article I, Section 1. Pursuant to Rule 4.5(c), additional series of options of the same class may be opened for trading on the Exchange when the Exchange deems it necessary to maintain an orderly market, to meet customer demand or when the market price of the underlying stock moves more than five strike prices from the initial exercise price or prices. New series of options on an individual stock may be added until the beginning of the month in which the options contract will expire. Due to unusual market conditions, the Exchange, in its discretion, may add a new series of options on an individual stock until the close of trading on the business day prior to expiration.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Rule 4.5(d).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Rule 4.5(g).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Rule 4.5(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         Rule 4.5(f).
                    </P>
                </FTNT>
                <P>
                    Pursuant to Rule 4.5, Interpretation and Policy .07, which governs strike prices of series of options on Units, the interval of strikes prices for series of options on Commodity-Based Fund Shares will be $1 or greater when the strike price is $200 or less and $5 or greater where the strike price is over 
                    <PRTPAGE P="12867"/>
                    $200.
                    <SU>13</SU>
                    <FTREF/>
                     Additionally, the Exchange may list series of options pursuant to the $1 Strike Price Interval Program,
                    <SU>14</SU>
                    <FTREF/>
                     the $0.50 Strike Program,
                    <SU>15</SU>
                    <FTREF/>
                     the $2.50 Strike Price Program,
                    <SU>16</SU>
                    <FTREF/>
                     and the $5 Strike Program.
                    <SU>17</SU>
                    <FTREF/>
                     Pursuant to Rule 5.4, where the price of a series of a Commodity-Based Fund Share option is less than $3.00, the minimum increment will be $0.05, and where the price is $3.00 or higher, the minimum increment will be $0.10.
                    <SU>18</SU>
                    <FTREF/>
                     Any and all new series of Commodity-Based Fund Share options that the Exchange lists will be consistent and comply with the expirations, strike prices, and minimum increments set forth in Rules 4.5 and 5.4, as applicable.
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         The Exchange notes that for options listed pursuant to the Short Term Option Series Program, the Monthly Options Series Program, and the Quarterly Options Series Program, Rules 4.5(d), (e), and (g) specifically sets forth intervals between strike prices on Quarterly Options Series, Short Term Option Series, and Monthly Options Series, respectively.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See</E>
                         Rule 4.5, Interpretation and Policy .01(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Rule 4.5, Interpretation and Policy .01(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Rule 4.5, Interpretation and Policy .04.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See</E>
                         Rule 4.5, Interpretation and Policy .01(f).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         If options on a Commodity-Based Fund Share are eligible to participate in the Penny Interval Program, the minimum increment will be $0.01 for series with a price below $3.00 and $0.05 for series with a price at or above $3.00. 
                        <E T="03">See</E>
                         5.4(d) (which describes the requirements for the Penny Interval Program).
                    </P>
                </FTNT>
                <P>Options on a Commodity-Based Trust Share will trade in the same manner as options on other ETFs on the Exchange. The Exchange Rules that currently apply to the listing and trading of all Unit options on the Exchange, including, for example, Rules that govern listing criteria, expirations, exercise prices, minimum increments, position and exercise limits, margin requirements, customer accounts, and trading halt procedures will apply to the listing and trading of options on Commodity-Based Trust Shares on the Exchange in the same manner as they apply to other options on all other Units that are listed and traded on the Exchange.</P>
                <P>
                    Position and exercise limits for options, including options on a Commodity-Based Trust Share are determined pursuant to Rules 8.30 and 8.42, respectively. Position and exercise limits for options on ETFs vary according to the number of outstanding shares and the trading volumes of the underlying security over the past six months, where the largest in capitalization and the most frequently traded funds have an option position and exercise limit of 250,000 contracts (with adjustments for splits, re-capitalizations, etc.) on the same side of the market; and smaller capitalization funds have position and exercise limits of 200,000, 75,000, 50,000 or 25,000 contracts (with adjustments for splits, re-capitalizations, etc.) on the same side of the market.
                    <SU>19</SU>
                    <FTREF/>
                     Further, the Exchange notes that Rule 10.3, which governs margin requirements applicable to the trading of all options on the Exchange, including options on ETFs, will also apply to the trading of options on a Commodity-Based Trust Share.
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See</E>
                         Rule 8.30, Interpretation and Policy .02.
                    </P>
                </FTNT>
                <P>
                    The Exchange represents it has an adequate surveillance program in place for options and intends to apply those same program procedures to options on Commodity-Based Fund Shares that it applies to the Exchange's other options products.
                    <SU>20</SU>
                    <FTREF/>
                     The Exchange believes that existing surveillance procedures are designed to deter and detect possible manipulative behavior which might potentially arise from listing and trading the proposed options on Commodity-Based Trust Shares. Additionally, the Exchange is a member of the Intermarket Surveillance Group (“ISG”) under the Intermarket Surveillance Group Agreement. ISG members work together to coordinate surveillance and investigative information sharing in the stock, options, and futures markets. In addition, the Exchange has a Regulatory Services Agreement with the Financial Industry Regulatory Authority (“FINRA”) for certain market surveillance, investigation and examinations functions. Pursuant to a multi-party 17d-2 joint plan, all options exchanges allocate amongst themselves and FINRA responsibilities to conduct certain options-related market surveillance that are common to rules of all options exchanges.
                    <SU>21</SU>
                    <FTREF/>
                     Further, the Exchange will implement any new surveillance procedures it deems necessary to effectively monitor the trading of options on Commodity-Based Fund Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         The surveillance program includes surveillance patterns for price and volume movements as well as patterns for potential manipulation (
                        <E T="03">e.g.,</E>
                         spoofing and marking the close).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         Section 19(g)(1) of the Act, among other things, requires every self-regulatory organization (“SRO”) registered as a national securities exchange or national securities association to comply with the Act, the rules and regulations thereunder, and the SRO's own rules, and, absent reasonable justification or excuse, enforce compliance by its members and persons associated with its members. 
                        <E T="03">See</E>
                         15 U.S.C. 78q(d)(1) and 17 CFR 240.17d-2. Section 17(d)(1) of the Act allows the Commission to relieve an SRO of certain responsibilities with respect to members of the SRO who are also members of another SRO (“common members”). Specifically, Section 17(d)(1) allows the Commission to relieve an SRO of its responsibilities to: (i) receive regulatory reports from such members; (ii) examine such members for compliance with the Act and the rules and regulations thereunder, and the rules of the SRO; or (iii) carry out other specified regulatory responsibilities with respect to such members.
                    </P>
                </FTNT>
                <P>The Exchange has also analyzed its capacity and represents that it believes the Exchange and the Options Price Reporting Authority (“OPRA”) have the necessary systems capacity to handle the additional traffic associated with the listing of new series of ETFs, including on Commodity-Based Trust Shares, up to the number of expirations currently permissible under the Rules. The Exchange believes any additional traffic generated from the trading of options on Commodity-Based Trust Shares would be manageable. The Exchange represents that Exchange members will not have a capacity issue as a result of this proposed rule change.</P>
                <P>
                    Further, quotation and last sale information for Commodity-Based Trust Shares is available via the Consolidated Tape Association (“CTA”) high speed line. Quotation and last sale information for such securities is also available from the exchange on which such securities are listed. Quotation and last sale information for options on Commodity-Based Fund Shares will be available via OPRA 
                    <SU>22</SU>
                    <FTREF/>
                     and major market data vendors.
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         Last sale reports and quotations are the core of the information that OPRA disseminates. OPRA also disseminates certain other types of information with respect to the trading of options on the markets of the OPRA participants, such as the number of options contracts traded, open interest and end of day summaries. OPRA also disseminates certain kinds of administrative messages.
                    </P>
                </FTNT>
                <P>
                    The Exchange notes that the Commission has previously approved generic listing standards pursuant to Rule 19b-4(e) of the Act 
                    <SU>23</SU>
                    <FTREF/>
                     for ETFs based on indexes that consist of stocks listed on U.S. exchanges.
                    <SU>24</SU>
                    <FTREF/>
                     In addition, the Commission has previously approved proposals for the listing and trading of options on ETFs based on international indexes as well as global indexes (
                    <E T="03">e.g.,</E>
                     based on non-U.S. and U.S. component stocks).
                    <SU>25</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         17 CFR 240.19b-4(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 54739 (November 9, 2006), 71 FR 66993 (November 17, 2006) (SR-AMEX-2006-78) (approval order relating to generic listing standards for ETFs based on international or global indexes).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Securities Exchange Act Release Nos. 56778 (November 9, 2007), 72 FR 65113 (November 19, 2007) (SR-AMEX-2007-100) (approval order to list and trade options on iShares MSCI Mexico Index Fund); and 55648 (April 19, 2007), 72 FR 20902 (April 26, 2007) (SR-AMEX-2007-09) (approval order to list and trade options on Vanguard Emerging Markets ETF); 
                        <E T="03">see also</E>
                         Securities Exchange Act Release Nos. 50189 (August 12, 2004), 69 FR 51723 (August 20, 2004) (SR-AMEX-2001-05) (approving the listing and trading of certain Vanguard International Equity Index Funds); and 44700 (August 14, 2001), 66 FR 43927 (August 21, 2001) (SR-2001-34) (approving the listing and trading of series of the iShares Trust based on foreign stock indexes).
                    </P>
                </FTNT>
                <P>
                    In approving Commodity-Based Trust Shares for equities exchange trading, the 
                    <PRTPAGE P="12868"/>
                    Commission thoroughly considered the structure of the Commodity-Based Trust Shares, their usefulness to investors and to the markets, and self-regulatory organization rules that govern their trading. The Exchange believes that allowing the listing of options overlying Commodity-Based Trust Shares that are listed pursuant to Commission approval on equities exchanges and applying Rule 19b-4(e) 
                    <SU>26</SU>
                    <FTREF/>
                     should fulfill the intended objective of that rule by allowing options on those Commodity-Based Trust Shares that have satisfied the generic listing standards to commence trading, without the need for the public comment period and Commission approval. The proposed rule change has the potential to significantly reduce the time and costs associated with bringing options on Commodity-Based Trust Shares to market, thereby reducing the burden on issuers and other market participants, while also promoting competition among options exchanges, to the benefit of the investing public. The failure of a particular Commodity-Based Trust Share to comply with the generic listing standards under Rule 19b-4(e) 
                    <SU>27</SU>
                    <FTREF/>
                     would not, however, preclude the Exchange from submitting a separate filing pursuant to Section 19(b)(2) 
                    <SU>28</SU>
                    <FTREF/>
                     requesting Commission approval to list and trade options on a particular Commodity-Based Trust Share.
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         17 CFR 240.19b-4(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         15 U.S.C. 78s(b)(2).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the “Act”) and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.
                    <SU>29</SU>
                    <FTREF/>
                     Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>30</SU>
                    <FTREF/>
                     requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>31</SU>
                    <FTREF/>
                     requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    In particular, the Exchange believes the proposal will remove impediments to and perfect the mechanism of a free and open market and a national market system because it would allow the Exchange to immediately list and trade options on Commodity-Based Trust Shares, provided the initial listing criteria has been met, without requiring additional approvals from the Commission.
                    <SU>32</SU>
                    <FTREF/>
                     Commodity-Based Trust Shares are securities approved for trading by the Commission. The Exchange believes that allowing options on qualifying Commodity-Based Trust Shares soon after the listing of such underlying security in the primary market will benefit investors and the public interest as it will afford market participants the opportunity to hedge their positions in the underlying ETF in a timely manner. Given the potential to reduce the time to market for options on Commodity-Based Trust Shares, the proposed rule change will also reduce the burdens on issuers and other market participants, while also promoting competition among options exchanges to the benefit of the investing public. This proposal will enable the listing of options on Commodity-Based Trust Shares in the same manner as other securities listed and traded on the Exchange. The Exchange notes that most ETFs are eligible for options trading without the need for additional approvals, provided the ETFs meet the initial listing criteria. Accordingly, the proposed rule change would align the treatment of Commodity-Based Trust Shares with other ETFs for purposes of options trading, which would add internal consistency to Exchange rules.
                </P>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         As noted herein, the Exchange believes this proposal is consistent with the OCC's determination that, based on a staff advisory from the CFTC, the “it no longer needs to seek product-by-product exemptive relief from the CFTC to clear spot commodity-based ETF products.” 
                        <E T="03">See supra</E>
                         note 5.
                    </P>
                </FTNT>
                <P>The Exchange believes that the proposed rule change will facilitate the listing and trading of options on additional ETFs that will enhance competition among market participants, to the benefit of investors and the marketplace. Like options on any other securities, options on Commodity-Based Trust Shares will provide investors with the ability to hedge exposure to the underlying security. The Exchange believes that offering options on Commodity-Based Trust Shares will benefit investors by providing them with a relatively lower-cost risk management tool, which will allow them to manage their positions and associated risk in their portfolios more easily in connection with exposure to the price of a commodity. Additionally, the Exchange's offering of options on Commodity-Based Trust Shares will provide investors with the ability to transact in such options in a listed market environment as opposed to in the unregulated over-the-counter market, which would increase market transparency and enhance the process of price discovery conducted on the Exchange through increased order flow to the benefit of all investors.</P>
                <P>
                    As noted herein, the Exchange already lists options on other commodity-based ETFs,
                    <SU>33</SU>
                    <FTREF/>
                     which are trusts structured in substantially the same manner as Commodity-Based Trust Shares. The Exchange has not identified any issues with the continued listing and trading of options on Commodity-Based Trust Shares. The Exchange also believes the proposed rule change will remove impediments to and perfect the mechanism of a free and open market and a national market system, because it is consistent with current Exchange Rules previously filed with the Commission. Options on Commodity-Based Trust Shares must satisfy the initial listing standards and continued listing standards currently in the Exchange Rules applicable to options on all ETFs, including ETFs that hold other commodities already deemed appropriate for options trading on the Exchange.
                    <SU>34</SU>
                    <FTREF/>
                     Options on Commodity-Based Trust Shares will trade in the same manner as any other ETF options—the same Exchange Rules that currently govern the listing and trading of options, including permissible expirations, strike prices minimum increments, position and exercise limits, and margin requirements, will govern the listing and trading of options on Commodity-Based Trust Shares in the same manner.
                </P>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         
                        <E T="03">See</E>
                         Rule 4.3, Interpretation and Policy .06.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <P>
                    The Exchange believes the proposed rule change will result in increased competition as other exchanges will likely adopt an identical rule to the one proposed by the Exchange that would allow the listing and trading of options on Commodity-Based Trust Shares that are approved for trading on those other markets.
                    <SU>35</SU>
                    <FTREF/>
                     Multiple listing of ETFs, options and other securities and competition are some of the central features of the national market system. The Exchange believes that the proposal would encourage a more open market 
                    <PRTPAGE P="12869"/>
                    and national market system based on competition and multiple listing. The Exchange represents that it has the necessary systems capacity to support the listing and trading of options on Commodity-Based Trust Shares as the Exchange lists these products today, except that it requires additional approvals prior to listing. The Exchange believes that its existing surveillance and reporting safeguards are designed to deter and detect possible manipulative behavior which might arise from listing and trading of options on Commodity-Based Trust Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         
                        <E T="03">See supra</E>
                         note 4.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, the Exchange believes that the proposal is pro-competitive and is a competitive response to the Exchange's inability to list options on Commodity-Based Trust Shares without submitting a separate proposed rule change. The Exchange believes the proposed rule change will result in additional investment options and opportunities to achieve the investment objectives of market participants seeking efficient trading and hedging vehicles, to the benefit of investors, market participants, and the marketplace in general. Competition is one of the principal features of the national market system. The Exchange believes that this proposal will expand competitive opportunities to list and trade products on the Exchange as noted.</P>
                <P>The Exchange does not believe the proposal will impose any burden on intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act because Commodity-Based Trust Shares, like any other ETF, would have to satisfy the Exchange's initial listing standards to be eligible for options trading. Additionally, the proposed rule change would apply to all market participants in the same manner as options on Commodity-Based Trust Shares will be equally available to all market participants who wish to trade such options.</P>
                <P>
                    The Exchange does not believe the proposal will impose any burden on inter-market competition that is not necessary or appropriate in furtherance of the purposes of the Act, as nothing prevents the other options exchanges from proposing similar rules to list and trade options on Commodity-Based Trust Shares. As noted herein, other options exchanges have submitted proposed rule changes to adopt identical rules to permit the listing and trading of options on Commodity-Based Trust Shares without submitting a separate proposed rule change.
                    <SU>36</SU>
                    <FTREF/>
                     Furthermore, the Exchange notes that listing and trading options on a Commodity-Based Trust Share on the Exchange will subject such options to transparent exchange-based rules as well as price discovery and liquidity, as opposed to alternatively trading such options in the OTC market. The Exchange believes that the proposed rule change may relieve any burden on, or otherwise promote, competition as it is designed to increase competition for order flow on the Exchange in a manner that is beneficial to investors by providing them with a lower-cost option to hedge their investment portfolios in a timely manner.
                </P>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received written comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Within 45 days of the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                     or within such longer period up to 90 days (i) as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the Exchange consents, the Commission will:
                </P>
                <P>A. by order approve or disapprove such proposed rule change, or</P>
                <P>B. institute proceedings to determine whether the proposed rule change should be disapproved.</P>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-CBOE-2025-014 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-CBOE-2025-014. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-CBOE-2025-014 and should be submitted on or before April 9, 2025.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>37</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>37</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04502 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12870"/>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102653; File No. SR-FICC-2025-004]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Fixed Income Clearing Corporation (“FICC”); Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Clearing Agency Risk Management Framework</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 10, 2025, Fixed Income Clearing Corporation (“FICC”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been prepared by the clearing agency. FICC filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>3</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(4) thereunder.
                    <SU>4</SU>
                    <FTREF/>
                     The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         17 CFR 240.19b-4(f)(4).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Clearing Agency's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>The proposed rule change of Fixed Income Clearing Corporation (“FICC”) as provided in Exhibit 5 amends the Clearing Agency Risk Management Framework (“Risk Management Framework” or “Framework”) of FICC and its affiliates, The Depository Trust Company (“DTC”) and National Securities Clearing Corporation (“NSCC,” and together with FICC, the “CCPs” and the CCPs together with DTC, the “Clearing Agencies”). Specifically, the proposed rule change would amend the Risk Management Framework to make changes to clarify and update the Framework. The proposed changes would update and clarify (a) the quarterly review escalation process, (b) the annual review process as it relates to “done-away” clearing activity, (c) removal of references to Systemic Risk Council, and (d) other immaterial changes for clarification purposes.</P>
                <P>
                    The proposed rule change, including the Clearing Agency's statement of the purpose of, and statutory basis for, the proposed rule change, is available on the Clearing Agency's website at 
                    <E T="03">https://www.dtcc.com/legal/sec-rule-filings</E>
                     and on the Commission's website at 
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/FICC?file_number=SR-FICC-2025-004.</E>
                </P>
                <HD SOURCE="HD1">II. Solicitation of Comments</HD>
                <P>
                    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act.
                    <SU>5</SU>
                    <FTREF/>
                     Comments may be submitted electronically by using the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-FICC-2025-004</E>
                    ) or by sending an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-FICC-2025-004 on the subject line. Alternatively, paper comments may be sent to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to file number SR-FICC-2025-004. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-FICC-2025-004</E>
                    ). Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to File Number SR-FICC-2025-004 and should be submitted on or before April 9, 2025.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of SRO.
                    </P>
                </FTNT>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>6</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04507 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102658; File No. SR-MIAX-2025-07]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Notice of Filing of a Proposed Rule Change, as Modified by Partial Amendment No. 1, by Miami International Securities Exchange, LLC To Amend Exchange Rule 402, Criteria for Underlying Securities, To List and Trade Options on Commodity-Based Trust Shares</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to the provisions of Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 5, 2025, Miami International Securities Exchange, LLC (“MIAX” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange.
                    <SU>3</SU>
                    <FTREF/>
                     The Commission is publishing this notice to solicit comments on the proposed rule change, as modified by Partial Amendment No. 1, from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         On March 11, 2025, the Exchange filed Partial Amendment No. 1 to the proposed rule change. In addition to the changes described herein, Partial Amendment No. 1 corrected a marking error in proposed changes to the rule text in Exhibit 5 and corrected the header of the Exhibit 1.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>The Exchange proposes to amend Exchange Rule 402, Criteria for Underlying Securities, to list and trade options on Commodity-Based Trust Shares.</P>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">https://www.miaxglobal.com/markets/us-options/all-options-exchanges/rule-filings,</E>
                     at MIAX's principal office, and at the Commission's Public Reference Room.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>
                    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The 
                    <PRTPAGE P="12871"/>
                    Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.
                </P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange proposes to amend Exchange Rule 402, Criteria for Underlying Securities,
                    <SU>4</SU>
                    <FTREF/>
                     to allow the listing and trading of options on units that represent interests in a trust that in a Commodity-Based Trust. This is a competitive filing substantively identical to proposals submitted by Nasdaq ISE, LLC (“ISE”), NYSE American, LLC (“NYSE American”), NYSE Arca Inc. (“NYSE Arca”) and Cboe Exchange, Inc. (“Cboe”), which are currently pending with the Securities and Exchange Commission (the “Commission”).
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The Exchange notes that its affiliate options exchanges, MIAX PEARL, LLC (“MIAX Pearl”) and MIAX Sapphire, LLC (“MIAX Sapphire”), submitted (or will submit) substantively similar proposals. The Exchange notes that the rules of Chapter IV of MIAX, including Exchange Rule 402, are incorporated by reference into the MIAX Emerald, LLC (“MIAX Emerald”) rulebook.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102465 (February 20, 2025) (SR-ISE-2025-08); SRNYSEArca-2025-16 (February 24, 2025); and SR-NYSEAmerican-2025-07 (February 24, 2025) and SR-Cboe-2025-014. Partial Amendment No. 1 added the citation to SR-CBOE-2025-014.
                    </P>
                </FTNT>
                <P>The Exchange proposes to allow the listing and trading of options on units that represent interests in a trust that in a Commodity-Based Trust. A Commodity-Based Trust is defined at The Nasdaq Stock Market LLC Rule 5711(d)(iv), NYSE Arca Rule 8.201(c), and Cboe BZX Exchange, Inc. 14.11(e)(4) as a security that is issued by a trust that holds (i) a specified commodity deposited with the Trust, or (ii) a specified commodity and, in addition to such specified commodity, cash; (b) that is issued by such Trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (c) that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such Trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash (“Commodity-Based Trust Share”).</P>
                <P>The Exchange proposes to amend Exchange Rule 402(i) to provide that</P>
                <EXTRACT>
                    <P>
                        (i) Securities deemed appropriate for options trading shall include shares or other securities (“Exchange-Traded Fund Shares”) that are traded on a national securities exchange and are defined as an “NMS stock” under Rule 600 of Regulation NMS, and that . . . (4) represent interests in (i) a security issued by a trust that holds (A) a specified commodity deposited with the trust, or (B) a specified commodity and, in addition to such specified commodity, cash; (ii) that is issued by such trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (iii) that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash (“Commodity-Based Trust Share”).
                        <SU>6</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             Partial Amendment No. 1 removed text incorrectly included in the block quote describing proposed Exchange Rule 402(i).
                        </P>
                    </FTNT>
                </EXTRACT>
                <P>
                    The Exchange proposes to insert this rule text and remove references to the SPDR® Gold Trust, the iShares COMEX Gold Trust, the iShares Silver Trust, the Aberdeen Standard Silver ETF Trust, the Aberdeen Standard Physical Gold Trust, the Aberdeen Standard Palladium ETF Trust, the Aberdeen Standard Platinum ETF Trust, the Goldman Sachs Physical Gold ETF, the Sprott Physical Gold Trust, the iShares Bitcoin Trust, the Grayscale Bitcoin Trust, the Grayscale Bitcoin Mini Trust, the Bitwise Bitcoin ETF, the Fidelity Wise Origin Bitcoin Fund, and the ARK 21 Shares Bitcoin ETF which are all Commodity-Based Trust Shares. As a result of this proposed rule change, the Exchange's listing criteria would allow any ETF approved to list on a primary equities market as a Commodity-Based Trust Share to qualify as an underlying for options traded on the Exchange, provided other listing criteria have been met.
                    <SU>7</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         The Exchange believes this proposal is consistent with the Options Clearing Corporation (“OCC”) recent amendment of “Fund Share” (which covers ETFs), as defined in OCC's By-Laws (including the Interpretation and Policy), to remove references to specific precious metal commodity-based ETFs as “no longer relevant or necessary.” 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102018 (December 20, 2024), 89 FR 106660 (December 30, 2024) (SR-OCC-2024-018). The impetus for this rule change was the staff advisory issued by the Commodity Futures Trading Commission (“CFTC”) that deemed it “`substantially likely' that spot commodity ETF shares would be held to be securities” which, in turn, resulted in the OCC's determination that “it no longer needs to seek product-by-product exemptive relief from the CFTC to clear spot commodity-based ETF products, including precious metals commodity-based ETFs.” 
                        <E T="03">See id.</E>
                         at 106661; 
                        <E T="03">see also</E>
                         CFTC Staff Advisory Relating to the Clearing of Options on Spot Commodity Exchange Traded Funds (ETFs), Letter No. 24-16 (Nov. 15, 2024), 
                        <E T="03">available at</E>
                          
                        <E T="03">https://www.cftc.gov/csl/24-16/</E>
                         download.
                    </P>
                </FTNT>
                <P>
                    The Exchange's initial listing standards as set forth in Exchange Rule 402(a) for Exchange Traded Fund Shares (“ETFs”) on which options may be listed and traded on the Exchange, will continue to apply. Pursuant to Exchange Rule 402(a), a security (which includes ETFs) on which options may be listed and traded on the Exchange must be a security registered (with the Commission) and be an NMS stock (as defined in Rule 600 of Regulation NMS under the Act), and be characterized by a substantial number of outstanding shares that are widely held and actively traded.
                    <SU>8</SU>
                    <FTREF/>
                     Additionally, Exchange Rule 402(i)(5)(i) requires that the ETFs must either (1) meet the criteria and standards set forth in Exchange Rule 402(a) or 402(b),
                    <SU>9</SU>
                    <FTREF/>
                     or (2) be available for creation or redemption each business day from or through the issuer in cash or in kind at a price related to net asset value, and the issuer must be obligated to issue ETFs in a specified aggregate number even if some or all of the investment assets required to be deposited have not been received by the issuer, subject to the condition that the person obligated to deposit the investments has undertaken to deliver the investment assets as soon as possible and such undertaking is secured by the delivery and maintenance of collateral consisting of cash or cash equivalents satisfactory to the issuer, as provided in the respective prospectus.
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         The criteria and guidelines for a security to be considered widely held and actively traded are set forth in Exchange Rule 402(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         Subparagraphs (a) and (b) of Exchange Rule 402 provide for guidelines to be used by the Exchange when evaluating potential underlying securities for Exchange option transactions.
                    </P>
                </FTNT>
                <P>Additionally, a Commodity-Based Trust Share will also be subject to the Exchange's continued listing standards for options on ETFs set forth in Exchange Rule 403(g) for ETFs deemed appropriate for options trading pursuant to Exchange Rule 402(i). Specifically, options approved for trading pursuant to Exchange Rule 402(i) will not be deemed to meet the requirements for continued approval, and the Exchange shall not open for trading any additional series of option contracts of the class covering such ETFs if the ETFs are delisted from trading as provided in Exchange rule 403(b)(4) or the ETFs are halted or suspended from trading on their primary market. Additionally, options on ETFs may be subject to the suspension of opening transactions in any of the following circumstances:</P>
                <EXTRACT>
                    <P>(1) in the case of options covering ETFs approved for trading under Exchange Rule 402(i)(5)(i)(A), in accordance with the terms of paragraphs (b)(1), (2), and (3) of Exchange Rule 403;</P>
                    <P>
                        (2) in the case of options covering ETFs approved for trading under Exchange Rule 402(i)(5)(i)(B), following the initial twelve-month period beginning upon the commencement of trading in the ETFs on a 
                        <PRTPAGE P="12872"/>
                        national securities exchange and are defined as an NMS stock, there are fewer than 50 record and/or beneficial holders of such ETFs for 30 or more consecutive trading days;
                    </P>
                    <P>(3) the value of the index or portfolio of securities, non-U.S. currency, or portfolio of commodities including commodity futures contracts, options on commodity futures contracts, swaps, forward contracts and/or options on physical commodities and/or financial instruments and money market instruments on which the ETFs are based is no longer calculated or available; or</P>
                    <P>(4) such other event shall occur or condition exist that in the opinion of the Exchange makes further dealing in such options on the Exchange inadvisable.</P>
                </EXTRACT>
                <P>
                    The Exchange notes that ETFs that hold financial instruments, money market instruments, precious metal commodities, or cryptocurrencies that are deemed commodities on which the Exchange may already list and trade options pursuant to Exchange Rule 402(i) are trusts structured in substantially the same manner as options on a Commodity Based Trust Share and essentially offer the same objectives and benefits to investors, just with respect to different assets. The Exchange notes that it has not identified any issues with the continued listing and trading of any ETF options, including ETFs that hold commodities (
                    <E T="03">e.g.,</E>
                     precious metals, cryptocurrencies) that it currently lists and trades on the Exchange.
                </P>
                <P>
                    Options on a Commodity-Based Fund Share will be physically settled contracts with American-style exercise.
                    <SU>10</SU>
                    <FTREF/>
                     Consistent with Exchange Rule 404, which governs the opening of options series on a specific underlying security (including ETFs), the Exchange will open at least one expiration month for options on a Commodity-Based Trust Share 
                    <SU>11</SU>
                    <FTREF/>
                     and may also list series of options on Commodity-Based Trust Share for trading on a weekly,
                    <SU>12</SU>
                    <FTREF/>
                     monthly,
                    <SU>13</SU>
                    <FTREF/>
                     or quarterly 
                    <SU>14</SU>
                    <FTREF/>
                     basis. The Exchange may also list long-term equity option series (“LEAPS”) that expire from 12 to 39 months from the time they are listed.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 401, which provides that the rights and obligations of holders and writers are set forth in the Rules of the Options Clearing Corporation (“OCC”); 
                        <E T="03">see also</E>
                         OCC Rules, Chapters VIII (which governs exercise and assignment) and Chapter IX (which governs the discharge of delivery and payment obligations arising out of the exercise of physically settled stock option contracts).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404(b). The monthly expirations are subject to certain listing criteria for underlying securities described within Exchange Rule 404 and its Interpretations and Policies. Monthly listings expire the third Friday of the month. The term “expiration date” (unless separately defined elsewhere in the OCC By-Laws), when used in respect of an option contract (subject to certain exceptions), means the third Friday of the expiration month of such option contract, or if such Friday is a day on which the exchange on which such option is listed is not open for business, the preceding day on which such exchange is open for business. 
                        <E T="03">See</E>
                         OCC By-Laws Article I, Section 1. Pursuant to Exchange Rule 404(c), additional series of options of the same class may be opened for trading on the Exchange when the Exchange deems it necessary to maintain an orderly market, to meet customer demand or when the market price of the underlying stock moves more than five strike prices from the initial exercise price or prices. Pursuant to Exchange Rule 404(e), new series of options on an individual stock may be added until the beginning of the month in which the options contract will expire. Due to unusual market conditions, the Exchange, in its discretion, may add a new series of options on an individual stock until the close of trading on the business day prior to expiration.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies .02.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies .13.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies .03.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 406. Partial Amendment No. 1 corrected this rule citation.
                    </P>
                </FTNT>
                <P>
                    Pursuant to Exchange Rule 404, Interpretations and Policies.06, which governs strike prices of series of options on ETFs, the interval between strike prices of series of options on ETFs approved for options trading pursuant to Exchange Rule 402(i) shall be fixed at a price per share which is reasonably close to the price per share at which the underlying security is traded in the primary market at or about the same time such series of options is first open for trading on the Exchange, or at such intervals as may have been established on another options exchange prior to the initiation of trading on the Exchange. With respect to the Short Term Options Series or Weekly Program, during the month prior to expiration of an option class that is selected for the Short Term Option Series Program, the strike price intervals for the related non-Short Term Option (“Related non-Short Term Option”) shall be the same as the strike price intervals for the Short Term Option.
                    <SU>16</SU>
                    <FTREF/>
                     Specifically, the Exchange may open for trading Short Term Option Series at strike price intervals of (i) $0.50 or greater where the strike price is less than $100, and $1 or greater where the strike price is between $100 and $150 for all option classes that participate in the Short Term Options Series Program; (ii) $0.50 for option classes that trade in one dollar increments and are in the Short Term Option Series Program; or (iii) $2.50 or greater where the strike price is above $150.
                    <SU>17</SU>
                    <FTREF/>
                     Additionally, the Exchange may list series of options pursuant to the $1 Strike Price Interval Program,
                    <SU>18</SU>
                    <FTREF/>
                     the $0.50 Strike Program,
                    <SU>19</SU>
                    <FTREF/>
                     and the $2.50 Strike Price Program.
                    <SU>20</SU>
                    <FTREF/>
                     Pursuant to Exchange Rule 510, where the price of a series of options on a Commodity-Based Trust Share is less than $3.00, the minimum increment will be $0.05, and where the price is $3.00 or higher, the minimum increment will be $0.10 
                    <SU>21</SU>
                    <FTREF/>
                     consistent with the minimum increments for options on other ETFs listed on the Exchange. Any and all new series of a Commodity-Based Trust Share options that the Exchange lists will be consistent and comply with the expirations, strike prices, and minimum increments set forth in Rules 404 and 510, as applicable.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies .02(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies.01.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies.04.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404(f).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 510.
                    </P>
                </FTNT>
                <P>Options on a Commodity-Based Trust Share will trade in the same manner as options on other ETFs on the Exchange. The Exchange Rules that currently apply to the listing and trading of all options on ETFs on the Exchange, including, for example, Rules that govern listing criteria, expirations, exercise prices, minimum increments, position and exercise limits, margin requirements, customer accounts and trading halt procedures would apply to the listing and trading of options on a Commodity-Based Trust Share on the Exchange in the same manner as they apply to other options on all other ETFs that are listed and traded on the Exchange.</P>
                <P>Position and exercise limits for options on ETFs, including options on a Commodity-Based Trust Share, are determined pursuant to Exchange Rules 307 and 309, respectively. Position and exercise limits for ETF options vary according to the number of outstanding shares and the trading volumes of the underlying ETF over the past six months, where the largest in capitalization and the most frequently traded ETFs have an option position and exercise limits of 250,000 contracts (with adjustments for splits, re-capitalizations, etc.) on the same side of the market; and smaller capitalization ETFs have position and exercise limits of 200,000, 75,000, 50,000 or 25,000 contracts (with adjustments for splits, re-capitalizations, etc.) on the same side of the market. Further, Exchange Rule 1502, which governs margin requirements applicable to trading on the Exchange, including options on ETFs, will also apply to the trading on a Commodity-Based Trust Share options.</P>
                <P>
                    The Exchange represents that the same surveillance procedures applicable 
                    <PRTPAGE P="12873"/>
                    to all other options on other ETFs currently listed and traded on the Exchange will apply to options on a Commodity Based Trust Share that it applies to the Exchange's other options products.
                    <SU>22</SU>
                    <FTREF/>
                     The Exchange believes that its existing surveillance and reporting safeguards are designed to deter and detect possible manipulative behavior which might potentially arise from listing and trading options on ETFs, including any options on a Commodity-Based Trust Share. Additionally, the Exchange is a member of the Intermarket Surveillance Group (“ISG”) under the Intermarket Surveillance Group Agreement. ISG members work together to coordinate surveillance and investigative information sharing in the stock, options, and futures markets. In addition, the Exchange has a Regulatory Services Agreement with the Financial Industry Regulatory Authority (“FINRA”). Pursuant to a multi-party 17d-2 joint plan, all options exchanges allocate regulatory responsibilities to FINRA to conduct certain options-related market surveillance that are common to rules of all options exchanges.
                    <SU>23</SU>
                    <FTREF/>
                     Also, the Exchange may obtain information from CME Group Inc.'s designated contract markets that are members of the ISG related to a financial instrument that is based, in whole or in part, upon an interest in or performance of a commodity, as applicable. Further, the Exchange will implement any new surveillance procedures it deems necessary to effectively monitor the trading of options on Commodity-Based Fund Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         The surveillance program includes real-time patterns for price and volume movements and post-trade surveillance patterns (
                        <E T="03">e.g.,</E>
                         spoofing, marking the close, pinging, phishing).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         Section 19(g)(1) of the Act, among other things, requires every SRO registered as a national securities exchange or national securities association to comply with the Act, the rules and regulations thereunder, and the SRO's own rules, and, absent reasonable justification or excuse, enforce compliance by its members and persons associated with its members. 
                        <E T="03">See</E>
                         15 U.S.C. 78q(d)(1) and 17 CFR 240.17d-2. Section 17(d)(1) of the Act allows the Commission to relieve an SRO of certain responsibilities with respect to members of the SRO who are also members of another SRO (“common members”). Specifically, Section 17(d)(1) allows the Commission to relieve an SRO of its responsibilities to: (i) receive regulatory reports from such members; (ii) examine such members for compliance with the Act and the rules and regulations thereunder, and the rules of the SRO; or (iii) carry out other specified regulatory responsibilities with respect to such members.
                    </P>
                </FTNT>
                <P>The Exchange has also analyzed its capacity and represents that it believes the Exchange and the Options Price Reporting Authority or “OPRA” have the necessary systems capacity to handle the additional traffic associated with the listing of new series of ETFs, including options on a Commodity-Based Trust Share, up to the number of expirations currently permissible under the Exchange Rules. The Exchange believes any additional traffic generated from the trading of options on Commodity-Based Trust Shares would be manageable. The Exchange represents that Exchange members will not have a capacity issue as a result of this proposed rule change.</P>
                <P>Further, quotation and last sale information for Commodity-Based Trust Shares is available via the Consolidated Tape Association (“CTA”) high speed line. Quotation and last sale information for such securities is also available from the exchange on which such securities are listed. Quotation and last sale information for options on Commodity-Based Trust Shares will be available via OPRA and major market data vendors.</P>
                <P>
                    The Exchange notes that the Commission has previously approved generic listing standards pursuant to Rule 19b-4(e) of the Act 
                    <SU>24</SU>
                    <FTREF/>
                     for ETFs based on indexes that consist of stocks listed on U.S. exchanges.
                    <SU>25</SU>
                    <FTREF/>
                     In addition, the Commission has previously approved proposals for the listing and trading of options on ETFs based on international indexes as well as global indexes (
                    <E T="03">e.g.,</E>
                     based on non-U.S. and U.S. component stocks).
                    <SU>26</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         17 CFR 240.19b-4(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         See Securities Exchange Act Release No. 54739 (November 9, 2006), 71 FR 66993 (November 17, 2006) (SR-AMEX-2006-78) (approval order relating to generic listing standards for ETFs based on international or global indexes).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Securities Exchange Act Release Nos. 56778 (November 9, 2007), 72 FR 65113 (November 19, 2007) (SR-AMEX-2007-100) (approval order to list and trade options on iShares MSCI Mexico Index Fund); and 55648 (April 19, 2007), 72 FR 20902 (April 26, 2007) (SR-AMEX-2007-09) (approval order to list and trade options on Vanguard Emerging Markets ETF); 
                        <E T="03">see also</E>
                         Securities Exchange Act Release Nos. 50189 (August 12, 2004), 69 FR 51723 (August 20, 2004) (SR-AMEX-2001-05) (approving the listing and trading of certain Vanguard International Equity Index Funds); and 44700 (August 14, 2001), 66 FR 43927 (August 21, 2001) (SR-2001-34) (approving the listing and trading of series of the iShares Trust based on foreign stock indexes).
                    </P>
                </FTNT>
                <P>
                    In approving Commodity-Based Trust Shares for equities exchange trading, the Commission thoroughly considered the structure of the Commodity-Based Trust Shares, their usefulness to investors and to the markets, and self-regulatory organization rules that govern their trading. The Exchange believes that allowing the listing of options overlying Commodity-Based Trust Shares that are listed pursuant to Commission approval on equities exchanges and applying Rule 19b-4(e) 
                    <SU>27</SU>
                    <FTREF/>
                     should fulfill the intended objective of that rule by allowing options on those Commodity-Based Trust Shares that have satisfied the generic listing standards to commence trading, without the need for the public comment period and Commission approval. The proposed rule change has the potential to significantly reduce the time and costs associated with bringing options on Commodity- Based Trust Shares to market, thereby reducing the burden on issuers and other market participants, while also promoting competition among options exchanges, to the benefit of the investing public. The failure of a particular Commodity-Based Trust Share to comply with the generic listing standards under Rule 19b-4(e) 
                    <SU>28</SU>
                    <FTREF/>
                     would not, however, preclude the Exchange from submitting a separate filing pursuant to Section 19(b)(2) 
                    <SU>29</SU>
                    <FTREF/>
                     requesting Commission approval to list and trade options on a particular Commodity-Based Trust Share.
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         17 CFR 240.19b-4(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         15 U.S.C. 78s(b)(2).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.
                    <SU>30</SU>
                    <FTREF/>
                     Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>31</SU>
                    <FTREF/>
                     requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>32</SU>
                    <FTREF/>
                     requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    In particular, the Exchange believes that the proposal will remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, protect investors because it would allow the Exchange to immediately list and trade options on any Commodity-Based Trust Share, 
                    <PRTPAGE P="12874"/>
                    provided the initial listing criteria has been met, without any additional approvals from the Commission.
                    <SU>33</SU>
                    <FTREF/>
                     Commodity-Based Trust Shares are securities approved for trading by the Commission. The Exchange believes that with this proposal it will be able to offer options on a Commodity-Based Trust Share soon after the listing of such underlying security in the primary market, provided the initial listing criteria has been met, thereby availing market participants of the opportunity to hedge their positions in the ETF in a timely manner. Given the potential to reduce the time to market for options on Commodity-Based Trust Shares, the proposed rule change will also reduce the burdens on issuers and other market participants, while also promoting competition among options exchanges to the benefit of the investing public. This proposal would permit options on Commodity-Based Trust Shares to be listed on the Exchange in the same manner as all other securities that are subject to the current listing criteria in Exchange Rule 402. The Exchange notes that the majority of ETFs are able to list and trade options once the initial listing criteria have been met without the need for additional approvals. The proposed rule change would allow options on a Commodity-Based Trust Share to likewise list and trade options once the initial listing criteria have been met without the need for additional approvals. Accordingly, the proposed rule change would align the treatment of Commodity-Based Trust Shares with other ETFs for purposes of options trading, which would add internal consistency to Exchange rules.
                </P>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         As noted herein, the Exchange believes this proposal is consistent with the OCC's determination that, based on a staff advisory from the CFTC, the “it no longer needs to seek product-by-product exemptive relief from the CFTC to clear spot commodity-based ETF products.” 
                        <E T="03">See supra</E>
                         note 7.
                    </P>
                </FTNT>
                <P>
                    The Exchange believes that the proposed rule change will facilitate the listing and trading of options on additional ETFs that will enhance competition among market participants, to the benefit of investors and the marketplace. Like options on any other securities, options on Commodity-Based Trust Shares provides investors with the ability to hedge exposure to the underlying security similar to options on any other securities. Options on Commodity-Based Trust Shares benefits investors, similar to the listing of any other option on an ETF, by providing investors with a relatively lower-cost risk management tool, to manage their positions and associated risk in their portfolios more easily in connection with exposure to the price of a commodity. Additionally, options on a Commodity-Based Trust Share provide investors with the ability to transact in such options in a listed market environment as opposed to in the unregulated OTC options market, which increases market transparency and enhances the process of price discovery conducted on the Exchange through increased order flow to the benefit of all investors. The Exchange also notes that it already lists options on other commodity based ETFs,
                    <SU>34</SU>
                    <FTREF/>
                     which, as described above, are trusts structured as Commodity-Based Trust Shares. The Exchange has not identified any issues with the continued listing and trading of options on Commodity-Based Trust Shares it currently lists for trading.
                </P>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 402(i)(4).
                    </P>
                </FTNT>
                <P>The Exchange also believes the proposed rule change will remove impediments to and perfect the mechanism of a free and open market and a national market system, because it is consistent with current Exchange Rules, previously filed with the Commission. Options on a Commodity-Based Trust Share must satisfy the initial listing standards and continued listing standards currently in the Exchange Rules applicable to options on all ETFs, including ETFs that hold other commodities already deemed appropriate for options trading on the Exchange. Options on a Commodity-Based Trust Share would trade in the same manner as any other ETF options—the same Exchange Rules that currently govern the listing and trading of all ETF options, including permissible expirations, strike prices and minimum increments, and applicable position and exercise limits and margin requirements, will govern the listing and trading of options on a Commodity-Based Trust Share in the same manner.</P>
                <P>
                    The Exchange believes the proposed rule change will result in increased competition as other exchanges will likely adopt an identical rule to the one proposed by the Exchange that would allow the listing and trading of options on Commodity-Based Trust Shares that are approved for trading on those other markets.
                    <SU>35</SU>
                    <FTREF/>
                     Multiple listing of ETFs, options and other securities and competition are some of the central features of the national market system. The Exchange believes that the proposal would encourage a more open market and national market system based on competition and multiple listing. The Exchange represents that it has the necessary systems capacity to support the listing and trading of options on Commodity-Based Trust Shares as the Exchange lists these products today, except that it requires additional approvals prior to listing.
                </P>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         
                        <E T="03">See supra</E>
                         note 5.
                    </P>
                </FTNT>
                <P>
                    The Exchange believes that its existing surveillance and reporting safeguards are designed to deter and detect possible manipulative behavior which might arise from listing and trading of these ETF options.
                    <SU>36</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         Partial Amendment No. 1 removed a duplicative sentence from the beginning of this paragraph.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>
                    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. In this regard and as indicated above, the Exchange notes that the rule change is being proposed as a competitive response to the filings submitted by ISE, NYSE American, NYSE Arca, and Cboe.
                    <SU>37</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>37</SU>
                         
                        <E T="03">See supra</E>
                         note 5.
                    </P>
                </FTNT>
                <P>The Exchange believes that the proposal is pro-competitive and is a competitive response to the Exchange's inability to list options on Commodity-Based Trust Shares without the need for additional approvals. The Exchange believes the proposed rule change will result in additional investment options and opportunities to achieve the investment objectives of market participants seeking efficient trading and hedging vehicles, to the benefit of investors, market participants, and the marketplace in general. Competition is one of the principal features of the national market system. The Exchange believes that this proposal will expand competitive opportunities to list and trade products on the Exchange as noted.</P>
                <P>The Exchange does not believe the proposal will impose any burden on intra-market competition that is not necessary or appropriate in furtherance of the purposes of the Act because Commodity-Based Trust Shares, like any other ETF, would have to satisfy the Exchange's initial listing standards to be eligible for options trading. Additionally, the proposed rule change would apply to all market participants in the same manner as options on Commodity-Based Trust Shares will be equally available to all market participants who wish to trade such options.</P>
                <P>
                    The Exchange does not believe the proposal will impose any burden on inter-market competition that is not necessary or appropriate in furtherance of the purposes of the Act, as nothing 
                    <PRTPAGE P="12875"/>
                    prevents the other options exchanges from proposing similar rules to list and trade options on Commodity-Based Trust Shares. As noted herein, ISE, NYSE American, NYSE Arca and Cboe have submitted a proposal to adopt an identical rule to allow ISE, NYSE American, NYSE Arca, and Cboe list and trade options on Commodity-Based Trust Shares without the need for additional approvals.
                    <SU>38</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>38</SU>
                         
                        <E T="03">See supra</E>
                         note 5.
                    </P>
                </FTNT>
                <P>Furthermore, the Exchange notes that listing and trading options on a Commodity-Based Trust Share on the Exchange will subject such options to transparent exchange-based rules as well as price discovery and liquidity, as opposed to alternatively trading such options in the OTC market. The Exchange believes that the proposed rule change may relieve any burden on, or otherwise promote, competition as it is designed to increase competition for order flow on the Exchange in a manner that is beneficial to investors by providing them with a lower-cost option to hedge their investment portfolios in a timely manner.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>Written comments were neither solicited nor received.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Within 45 days of the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                     or within such longer period up to 90 days (i) as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the Exchange consents, the Commission will:
                </P>
                <P>A. by order approve or disapprove such proposed rule change, or</P>
                <P>B. institute proceedings to determine whether the proposed rule change should be disapproved.</P>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-MIAX-2025-07 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-MIAX-2025-07. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-MIAX-2025-07 and should be submitted on or before April 9, 2025.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>39</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>39</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04511 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Investment Company Act Release No. 35499; File No. 812-15707]</DEPDOC>
                <SUBJECT>Jefferies Credit Management LLC and Jefferies Credit Partners BDC Inc.</SUBJECT>
                <DATE>March 14, 2025.</DATE>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Securities and Exchange Commission (“Commission” or “SEC”).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <P>Notice of an application under Section 6(c) of the Investment Company Act of 1940 (“Act”) for an exemption from Sections 18(a)(2), 18(c), 18(i), and 61(a) of the Act.</P>
                <PREAMHD>
                    <HD SOURCE="HED">Summary of Application:</HD>
                    <P> Applicants request an order to permit certain registered closed-end investment companies that have elected to be regulated as business development companies to issue multiple classes of shares with varying sales loads and asset-based distribution and/or service fees.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Applicants:</HD>
                    <P> Jefferies Credit Management LLC and Jefferies Credit Partners BDC Inc.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Filing Dates:</HD>
                    <P> The application was filed on February 24, 2025 and amended on March 13, 2025 and March 14, 2025.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">Hearing or Notification of Hearing:</HD>
                    <P>
                         An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing on any application by emailing the SEC's Secretary at 
                        <E T="03">Secretarys-Office@sec.gov</E>
                         and serving the Applicants with a copy of the request by email, if an email address is listed for the relevant Applicant below, or personally or by mail, if a physical address is listed for the relevant Applicant below.
                    </P>
                    <P>
                        Hearing requests should be received by the Commission by 5:30 p.m. on April 8, 2025 and should be accompanied by proof of service on applicants, in the form of an affidavit or, for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by emailing the Commission's Secretary at 
                        <E T="03">Secretarys-Office@sec.gov.</E>
                    </P>
                </PREAMHD>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Commission: 
                        <E T="03">Secretarys-Office@sec.gov.</E>
                         Applicants: Adam Klepack, Esq., General Counsel, Jefferies Finance LLC, 520 Madison Avenue, 12th Floor, New York, New York 10022; Ryan P. Brizek, Esq., 
                        <PRTPAGE P="12876"/>
                        Simpson Thacher &amp; Bartlett LLP, 900 G Street NW, Washington, DC 20001.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Laura J. Riegel, Senior Counsel, or Thomas Ahmadifar, Branch Chief, at (202) 551-6825 (Division of Investment Management, Chief Counsel's Office).</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    For Applicants' representations, legal analysis, and conditions, please refer to Applicants' Second Amended and Restated Application, dated March 14, 2025, which may be obtained via the Commission's website by searching for the file number at the top of this document, or for an Applicant using the Company name search field, on the SEC's EDGAR system. The SEC's EDGAR system may be searched at, 
                    <E T="03">https://www.sec.gov/edgar/searchedgar/companysearch.</E>
                     You may also call the SEC's Office of Investor Education and Advocacy at (202) 551-8090.
                </P>
                <P>For the Commission, by the Division of Investment Management, under delegated authority.</P>
                <SIG>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04647 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102659; File No. SR-PEARL-2025-08]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Notice of Filing of a Proposed Rule Change, as Modified by Partial Amendment Nos. 1 and 2, by MIAX PEARL, LLC To Amend Exchange Rule 402, Criteria for Underlying Securities, To List and Trade Options on Commodity-Based Trust Shares</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to the provisions of Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 5, 2025, MIAX PEARL, LLC (“MIAX Pearl” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) a proposed rule change as described in Items I, II, and III below, which Items have been substantially prepared by the Exchange.
                    <SU>3</SU>
                    <FTREF/>
                     The Commission is publishing this notice to solicit comments on the proposed rule change, as modified by Partial Amendments Nos. 1 and 2, from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         On March 11, 2025, the Exchange filed Partial Amendment No. 1 to the proposed rule change. In addition to the changes described herein, Partial Amendment No. 1 corrected a marking error in proposed changes to the rule text in Exhibit 5 and corrected the header of the Exhibit 1. On March 12, 2025, the Exchange filed Partial Amendment No. 2 to the proposed rule change to correct a marking error in proposed changes to the rule text in Exhibit 5 as modified by Partial Amendment No. 1.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>The Exchange proposes to amend Exchange Rule 402, Criteria for Underlying Securities, to list and trade options on Commodity-Based Trust Shares.</P>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">https://www.miaxglobal.com/markets/us-equities/pearl-equities/rule-filings,</E>
                     at MIAX Pearl's principal office, and at the Commission's Public Reference Room.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, MIAX Pearl included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. MIAX Pearl has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange proposes to amend Exchange Rule 402, Criteria for Underlying Securities,
                    <SU>4</SU>
                    <FTREF/>
                     to allow the listing and trading of options on units that represent interests in a trust that in a Commodity-Based Trust. This is a competitive filing substantively identical to proposals submitted by Nasdaq ISE, LLC (“ISE”), NYSE American, LLC (“NYSE American”), NYSE Arca Inc. (“NYSE Arca”) and Cboe Exchange, Inc. (“Cboe”), which are currently pending with the Securities and Exchange Commission (the “Commission”).
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The Exchange notes that its affiliate options exchanges, Miami International Securities Exchange, LLC (“MIAX ”) and MIAX Sapphire, LLC (“MIAX Sapphire”), submitted (or will submit) substantively similar proposals. The Exchange notes that the rules of Chapter IV of MIAX, including Exchange Rule 402, are incorporated by reference into the MIAX Emerald, LLC (“MIAX Emerald”) rulebook.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102465 (February 20, 2025) (SR-ISE-2025-08); SRNYSEArca-2025-16 (February 24, 2025); and SR-NYSEAmerican-2025-07 (February 24, 2025) and SR-CBOE-2025-014. Partial Amendment No. 1 added the citation to SR-CBOE-2025-014.
                    </P>
                </FTNT>
                <P>The Exchange proposes to allow the listing and trading of options on units that represent interests in a trust that in a Commodity-Based Trust. A Commodity-Based Trust is defined at The Nasdaq Stock Market LLC Rule 5711(d)(iv), NYSE Arca Rule 8.201(c), and Cboe BZX Exchange, Inc. 14.11(e)(4) as a security that is issued by a trust that holds (i) a specified commodity deposited with the Trust, or (ii) a specified commodity and, in addition to such specified commodity, cash; (b) that is issued by such Trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (c) that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such Trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash (“Commodity-Based Trust Share”).</P>
                <P>The Exchange proposes to amend Exchange Rule 402(i) to provide that</P>
                <EXTRACT>
                    <P>
                        (i) Securities deemed appropriate for options trading shall include shares or other securities (“Exchange-Traded Fund Shares”) that are traded on a national securities exchange and are defined as an “NMS stock” under Rule 600 of Regulation NMS, and that . . . (4) represent interests in (i) a security issued by a trust that holds (A) a specified commodity deposited with the trust, or (B) a specified commodity and, in addition to such specified commodity, cash; (ii) that is issued by such trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (iii) that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash (“Commodity-Based Trust Share”).
                        <SU>6</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             Partial Amendment No. 1 removed text incorrectly included in the block quote describing proposed Exchange Rule 402(i).
                        </P>
                    </FTNT>
                </EXTRACT>
                <P>
                    The Exchange proposes to insert this rule text and remove references to the SPDR® Gold Trust, the iShares COMEX Gold Trust, the iShares Silver Trust, the Aberdeen Standard Silver ETF Trust, the Aberdeen Standard Physical Gold Trust, the Aberdeen Standard Palladium ETF Trust, the Aberdeen Standard Platinum ETF Trust, the Goldman Sachs Physical Gold ETF, the Sprott Physical Gold Trust, the iShares Bitcoin Trust, the Grayscale Bitcoin Trust, the Grayscale Bitcoin Mini Trust, the 
                    <PRTPAGE P="12877"/>
                    Bitwise Bitcoin ETF, the Fidelity Wise Origin Bitcoin Fund, and the ARK 21 Shares Bitcoin ETF which are all Commodity-Based Trust Shares. As a result of this proposed rule change, the Exchange's listing criteria would allow any ETF approved to list on a primary equities market as a Commodity-Based Trust Share to qualify as an underlying for options traded on the Exchange, provided other listing criteria have been met.
                    <SU>7</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         The Exchange believes this proposal is consistent with the Options Clearing Corporation (“OCC”) recent amendment of “Fund Share” (which covers ETFs), as defined in OCC's By-Laws (including the Interpretation and Policy), to remove references to specific precious metal commodity-based ETFs as “no longer relevant or necessary.” 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102018 (December 20, 2024), 89 FR 106660 (December 30, 2024) (SR-OCC-2024-018). The impetus for this rule change was the staff advisory issued by the Commodity Futures Trading Commission (“CFTC”) that deemed it “`substantially likely' that spot commodity ETF shares would be held to be securities” which, in turn, resulted in the OCC's determination that “it no longer needs to seek product-by-product exemptive relief from the CFTC to clear spot commodity-based ETF products, including precious metals commodity-based ETFs.” 
                        <E T="03">See id.</E>
                         at 106661; 
                        <E T="03">see also</E>
                         CFTC Staff Advisory Relating to the Clearing of Options on Spot Commodity Exchange Traded Funds (ETFs), Letter No. 24-16 (Nov. 15, 2024), 
                        <E T="03">available at https://www.cftc.gov/csl/24-16/</E>
                         download.
                    </P>
                </FTNT>
                <P>
                    The Exchange's initial listing standards as set forth in Exchange Rule 402(a) for Exchange Traded Fund Shares (“ETFs”) on which options may be listed and traded on the Exchange, will continue to apply. Pursuant to Exchange Rule 402(a), a security (which includes ETFs) on which options may be listed and traded on the Exchange must be a security registered (with the Commission) and be an NMS stock (as defined in Rule 600 of Regulation NMS under the Act), and be characterized by a substantial number of outstanding shares that are widely held and actively traded.
                    <SU>8</SU>
                    <FTREF/>
                     Additionally, Exchange Rule 402(i)(5)(i) requires that the ETFs must either (1) meet the criteria and standards set forth in Exchange Rule 402(a) or 402(b),
                    <SU>9</SU>
                    <FTREF/>
                     or (2) be available for creation or redemption each business day from or through the issuer in cash or in kind at a price related to net asset value, and the issuer must be obligated to issue ETFs in a specified aggregate number even if some or all of the investment assets required to be deposited have not been received by the issuer, subject to the condition that the person obligated to deposit the investments has undertaken to deliver the investment assets as soon as possible and such undertaking is secured by the delivery and maintenance of collateral consisting of cash or cash equivalents satisfactory to the issuer, as provided in the respective prospectus.
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         The criteria and guidelines for a security to be considered widely held and actively traded are set forth in Exchange Rule 402(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         Subparagraphs (a) and (b) of Exchange Rule 402 provide for guidelines to be used by the Exchange when evaluating potential underlying securities for Exchange option transactions.
                    </P>
                </FTNT>
                <P>Additionally, a Commodity-Based Trust Share will also be subject to the Exchange's continued listing standards for options on ETFs set forth in Exchange Rule 403(g) for ETFs deemed appropriate for options trading pursuant to Exchange Rule 402(i). Specifically, options approved for trading pursuant to Exchange Rule 402(i) will not be deemed to meet the requirements for continued approval, and the Exchange shall not open for trading any additional series of option contracts of the class covering such ETFs if the ETFs are delisted from trading as provided in Exchange rule 403(b)(4) or the ETFs are halted or suspended from trading on their primary market. Additionally, options on ETFs may be subject to the suspension of opening transactions in any of the following circumstances:</P>
                <EXTRACT>
                    <P>(1) in the case of options covering ETFs approved for trading under Exchange Rule 402(i)(5)(i)(A), in accordance with the terms of paragraphs (b)(1), (2), and (3) of Exchange Rule 403;</P>
                    <P>(2) in the case of options covering ETFs approved for trading under Exchange Rule 402(i)(5)(i)(B), following the initial twelve-month period beginning upon the commencement of trading in the ETFs on a national securities exchange and are defined as an NMS stock, there are fewer than 50 record and/or beneficial holders of such ETFs for 30 or more consecutive trading days;</P>
                    <P>(3) the value of the index or portfolio of securities, non-U.S. currency, or portfolio of commodities including commodity futures contracts, options on commodity futures contracts, swaps, forward contracts and/or options on physical commodities and/or financial instruments and money market instruments on which the ETFs are based is no longer calculated or available; or</P>
                    <P>(4) such other event shall occur or condition exist that in the opinion of the Exchange makes further dealing in such options on the Exchange inadvisable.</P>
                </EXTRACT>
                <P>
                    The Exchange notes that ETFs that hold financial instruments, money market instruments, precious metal commodities, or cryptocurrencies that are deemed commodities on which the Exchange may already list and trade options pursuant to Exchange Rule 402(i) are trusts structured in substantially the same manner as options on a Commodity Based Trust Share and essentially offer the same objectives and benefits to investors, just with respect to different assets. The Exchange notes that it has not identified any issues with the continued listing and trading of any ETF options, including ETFs that hold commodities (
                    <E T="03">e.g.,</E>
                     precious metals, cryptocurrencies) that it currently lists and trades on the Exchange.
                </P>
                <P>
                    Options on a Commodity-Based Fund Share will be physically settled contracts with American-style exercise.
                    <SU>10</SU>
                    <FTREF/>
                     Consistent with Exchange Rule 404, which governs the opening of options series on a specific underlying security (including ETFs), the Exchange will open at least one expiration month for options on a Commodity-Based Trust Share 
                    <SU>11</SU>
                    <FTREF/>
                     and may also list series of options on Commodity-Based Trust Share for trading on a weekly,
                    <SU>12</SU>
                    <FTREF/>
                     monthly,
                    <SU>13</SU>
                    <FTREF/>
                     or quarterly 
                    <SU>14</SU>
                    <FTREF/>
                     basis. The Exchange may also list long-term equity option series (“LEAPS”) that expire from 12 to 39 months from the time they are listed.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 401, which provides that the rights and obligations of holders and writers are set forth in the Rules of the Options Clearing Corporation (“OCC”); 
                        <E T="03">see also</E>
                         OCC Rules, Chapters VIII (which governs exercise and assignment) and Chapter IX (which governs the discharge of delivery and payment obligations arising out of the exercise of physically settled stock option contracts).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404(b). The monthly expirations are subject to certain listing criteria for underlying securities described within Exchange Rule 404 and its Interpretations and Policies. Monthly listings expire the third Friday of the month. The term “expiration date” (unless separately defined elsewhere in the OCC By-Laws), when used in respect of an option contract (subject to certain exceptions), means the third Friday of the expiration month of such option contract, or if such Friday is a day on which the exchange on which such option is listed is not open for business, the preceding day on which such exchange is open for business. 
                        <E T="03">See</E>
                         OCC By-Laws Article I, Section 1. Pursuant to Exchange Rule 404(c), additional series of options of the same class may be opened for trading on the Exchange when the Exchange deems it necessary to maintain an orderly market, to meet customer demand or when the market price of the underlying stock moves more than five strike prices from the initial exercise price or prices. Pursuant to Exchange Rule 404(e), new series of options on an individual stock may be added until the beginning of the month in which the options contract will expire. Due to unusual market conditions, the Exchange, in its discretion, may add a new series of options on an individual stock until the close of trading on the business day prior to expiration.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies .02.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies .13.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies .03.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 406. Partial Amendment No. 1 corrected this rule citation.
                    </P>
                </FTNT>
                <P>
                    Pursuant to Exchange Rule 404, Interpretations and Policies.06, which governs strike prices of series of options on ETFs, the interval between strike prices of series of options on ETFs approved for options trading pursuant to Exchange Rule 402(i) shall be fixed at a price per share which is reasonably close to the price per share at which the underlying security is traded in the primary market at or about the same 
                    <PRTPAGE P="12878"/>
                    time such series of options is first open for trading on the Exchange, or at such intervals as may have been established on another options exchange prior to the initiation of trading on the Exchange. With respect to the Short Term Options Series or Weekly Program, during the month prior to expiration of an option class that is selected for the Short Term Option Series Program, the strike price intervals for the related non-Short Term Option (“Related non-Short Term Option”) shall be the same as the strike price intervals for the Short Term Option.
                    <SU>16</SU>
                    <FTREF/>
                     Specifically, the Exchange may open for trading Short Term Option Series at strike price intervals of (i) $0.50 or greater where the strike price is less than $100, and $1 or greater where the strike price is between $100 and $150 for all option classes that participate in the Short Term Options Series Program; (ii) $0.50 for option classes that trade in one dollar increments and are in the Short Term Option Series Program; or (iii) $2.50 or greater where the strike price is above $150.
                    <SU>17</SU>
                    <FTREF/>
                     Additionally, the Exchange may list series of options pursuant to the $1 Strike Price Interval Program,
                    <SU>18</SU>
                    <FTREF/>
                     the $0.50 Strike Program,
                    <SU>19</SU>
                    <FTREF/>
                     and the $2.50 Strike Price Program.
                    <SU>20</SU>
                    <FTREF/>
                     Pursuant to Exchange Rule 510, where the price of a series of options on a Commodity-Based Trust Share is less than $3.00, the minimum increment will be $0.05, and where the price is $3.00 or higher, the minimum increment will be $0.10 
                    <SU>21</SU>
                    <FTREF/>
                     consistent with the minimum increments for options on other ETFs listed on the Exchange. Any and all new series of a Commodity-Based Trust Share options that the Exchange lists will be consistent and comply with the expirations, strike prices, and minimum increments set forth in Rules 404 and 510, as applicable.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies .02(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies.01.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404, Interpretations and Policies.04.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 404(f).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 510.
                    </P>
                </FTNT>
                <P>Options on a Commodity-Based Trust Share will trade in the same manner as options on other ETFs on the Exchange. The Exchange Rules that currently apply to the listing and trading of all options on ETFs on the Exchange, including, for example, Rules that govern listing criteria, expirations, exercise prices, minimum increments, position and exercise limits, margin requirements, customer accounts and trading halt procedures would apply to the listing and trading of options on a Commodity-Based Trust Share on the Exchange in the same manner as they apply to other options on all other ETFs that are listed and traded on the Exchange.</P>
                <P>Position and exercise limits for options on ETFs, including options on a Commodity-Based Trust Share, are determined pursuant to the Exchange's affiliate MIAX Rules 307 and 309, respectively. Position and exercise limits for ETF options vary according to the number of outstanding shares and the trading volumes of the underlying ETF over the past six months, where the largest in capitalization and the most frequently traded ETFs have an option position and exercise limits of 250,000 contracts (with adjustments for splits, re-capitalizations, etc.) on the same side of the market; and smaller capitalization ETFs have position and exercise limits of 200,000, 75,000, 50,000 or 25,000 contracts (with adjustments for splits, re-capitalizations, etc.) on the same side of the market. The Exchange further notes that the Exchange's affiliate MIAX Rule 1502, which governs margin requirements applicable to trading on the Exchange, including options on ETFs, will also apply to the trading on a Commodity-Based Trust Share options.</P>
                <P>
                    The Exchange represents that the same surveillance procedures applicable to all other options on other ETFs currently listed and traded on the Exchange will apply to options on a Commodity Based Trust Share that it applies to the Exchange's other options products.
                    <SU>22</SU>
                    <FTREF/>
                     The Exchange believes that its existing surveillance and reporting safeguards are designed to deter and detect possible manipulative behavior which might potentially arise from listing and trading options on ETFs, including any options on a Commodity-Based Trust Share. Additionally, the Exchange is a member of the Intermarket Surveillance Group (“ISG”) under the Intermarket Surveillance Group Agreement. ISG members work together to coordinate surveillance and investigative information sharing in the stock, options, and futures markets. In addition, the Exchange has a Regulatory Services Agreement with the Financial Industry Regulatory Authority (“FINRA”). Pursuant to a multi-party 17d-2 joint plan, all options exchanges allocate regulatory responsibilities to FINRA to conduct certain options-related market surveillance that are common to rules of all options exchanges.
                    <SU>23</SU>
                    <FTREF/>
                     Also, the Exchange may obtain information from CME Group Inc.'s designated contract markets that are members of the ISG related to a financial instrument that is based, in whole or in part, upon an interest in or performance of a commodity, as applicable. Further, the Exchange will implement any new surveillance procedures it deems necessary to effectively monitor the trading of options on Commodity-Based Fund Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         The surveillance program includes real-time patterns for price and volume movements and post-trade surveillance patterns (
                        <E T="03">e.g.,</E>
                         spoofing, marking the close, pinging, phishing).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         Section 19(g)(1) of the Act, among other things, requires every SRO registered as a national securities exchange or national securities association to comply with the Act, the rules and regulations thereunder, and the SRO's own rules, and, absent reasonable justification or excuse, enforce compliance by its members and persons associated with its members. 
                        <E T="03">See</E>
                         15 U.S.C. 78q(d)(1) and 17 CFR 240.17d-2. Section 17(d)(1) of the Act allows the Commission to relieve an SRO of certain responsibilities with respect to members of the SRO who are also members of another SRO (“common members”). Specifically, Section 17(d)(1) allows the Commission to relieve an SRO of its responsibilities to: (i) receive regulatory reports from such members; (ii) examine such members for compliance with the Act and the rules and regulations thereunder, and the rules of the SRO; or (iii) carry out other specified regulatory responsibilities with respect to such members.
                    </P>
                </FTNT>
                <P>The Exchange has also analyzed its capacity and represents that it believes the Exchange and the Options Price Reporting Authority (“OPRA”) have the necessary systems capacity to handle the additional traffic associated with the listing of new series of ETFs, including options on a Commodity-Based Trust Share, up to the number of expirations currently permissible under the Exchange Rules. The Exchange believes any additional traffic generated from the trading of options on Commodity-Based Trust Shares would be manageable. The Exchange represents that Exchange members will not have a capacity issue as a result of this proposed rule change.</P>
                <P>Further, quotation and last sale information for Commodity-Based Trust Shares is available via the Consolidated Tape Association (“CTA”) high speed line. Quotation and last sale information for such securities is also available from the exchange on which such securities are listed. Quotation and last sale information for options on Commodity-Based Trust Shares will be available via OPRA and major market data vendors.</P>
                <P>
                    The Exchange notes that the Commission has previously approved generic listing standards pursuant to Rule 19b-4(e) of the Act 
                    <SU>24</SU>
                    <FTREF/>
                     for ETFs based on indexes that consist of stocks listed on U.S. exchanges.
                    <SU>25</SU>
                    <FTREF/>
                     In addition, 
                    <PRTPAGE P="12879"/>
                    the Commission has previously approved proposals for the listing and trading of options on ETFs based on international indexes as well as global indexes (
                    <E T="03">e.g.,</E>
                     based on non-U.S. and U.S. component stocks).
                    <SU>26</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         17 CFR 240.19b-4(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         See Securities Exchange Act Release No. 54739 (November 9, 2006), 71 FR 66993 (November 17, 2006) (SR-AMEX-2006-78) (approval order relating to generic listing standards for ETFs based on international or global indexes).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Securities Exchange Act Release Nos. 56778 (November 9, 2007), 72 FR 65113 (November 19, 2007) (SR-AMEX-2007-100) (approval order to list and trade options on iShares MSCI Mexico Index Fund); and 55648 (April 19, 2007), 72 FR 20902 (April 26, 2007) (SR-AMEX-2007-09) (approval order to list and trade options on Vanguard Emerging Markets ETF); 
                        <E T="03">see also</E>
                         Securities Exchange Act Release Nos. 50189 (August 12, 2004), 69 FR 51723 (August 20, 2004) (SR-AMEX-2001-05) (approving the listing and trading of certain Vanguard International Equity Index Funds); and 44700 (August 14, 2001), 66 FR 43927 (August 21, 2001) (SR-2001-34)(approving the listing and trading of series of the iShares Trust based on foreign stock indexes).
                    </P>
                </FTNT>
                <P>
                    In approving Commodity-Based Trust Shares for equities exchange trading, the Commission thoroughly considered the structure of the Commodity-Based Trust Shares, their usefulness to investors and to the markets, and self-regulatory organization rules that govern their trading. The Exchange believes that allowing the listing of options overlying Commodity-Based Trust Shares that are listed pursuant to Commission approval on equities exchanges and applying Rule 19b-4(e) 
                    <SU>27</SU>
                    <FTREF/>
                     should fulfill the intended objective of that rule by allowing options on those Commodity-Based Trust Shares that have satisfied the generic listing standards to commence trading, without the need for the public comment period and Commission approval. The proposed rule change has the potential to significantly reduce the time and costs associated with bringing options on Commodity-Based Trust Shares to market, thereby reducing the burden on issuers and other market participants, while also promoting competition among options exchanges, to the benefit of the investing public. The failure of a particular Commodity-Based Trust Share to comply with the generic listing standards under Rule 19b-4(e) 
                    <SU>28</SU>
                    <FTREF/>
                     would not, however, preclude the Exchange from submitting a separate filing pursuant to Section 19(b)(2) 
                    <SU>29</SU>
                    <FTREF/>
                     requesting Commission approval to list and trade options on a particular Commodity-Based Trust Share.
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         17 CFR 240.19b-4(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         15 U.S.C. 78s(b)(2).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.
                    <SU>30</SU>
                    <FTREF/>
                     Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>31</SU>
                    <FTREF/>
                     requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>32</SU>
                    <FTREF/>
                     requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    In particular, the Exchange believes that the proposal will remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, protect investors because it would allow the Exchange to immediately list and trade options on any Commodity-Based Trust Share, provided the initial listing criteria has been met, without any additional approvals from the Commission.
                    <SU>33</SU>
                    <FTREF/>
                     Commodity-Based Trust Shares are securities approved for trading by the Commission. The Exchange believes that with this proposal it will be able to offer options on a Commodity-Based Trust Share soon after the listing of such underlying security in the primary market, provided the initial listing criteria has been met, thereby availing market participants of the opportunity to hedge their positions in the ETF in a timely manner. Given the potential to reduce the time to market for options on Commodity-Based Trust Shares, the proposed rule change will also reduce the burdens on issuers and other market participants, while also promoting competition among options exchanges to the benefit of the investing public. This proposal would permit options on Commodity-Based Trust Shares to be listed on the Exchange in the same manner as all other securities that are subject to the current listing criteria in Exchange Rule 402. The Exchange notes that the majority of ETFs are able to list and trade options once the initial listing criteria have been met without the need for additional approvals. The proposed rule change would allow options on a Commodity-Based Trust Share to likewise list and trade options once the initial listing criteria have been met without the need for additional approvals. Accordingly, the proposed rule change would align the treatment of Commodity-Based Trust Shares with other ETFs for purposes of options trading, which would add internal consistency to Exchange rules.
                </P>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         As noted herein, the Exchange believes this proposal is consistent with the OCC's determination that, based on a staff advisory from the CFTC, the “it no longer needs to seek product-by-product exemptive relief from the CFTC to clear spot commodity-based ETF products.” 
                        <E T="03">See supra</E>
                         note 7.
                    </P>
                </FTNT>
                <P>The Exchange believes that the proposed rule change will facilitate the listing and trading of options on additional ETFs that will enhance competition among market participants, to the benefit of investors and the marketplace. Like options on any other securities, options on Commodity-Based Trust Shares provides investors with the ability to hedge exposure to the underlying security similar to options on any other securities. Options on Commodity-Based Trust Shares benefits investors, similar to the listing of any other option on an ETF, by providing investors with a relatively lower-cost risk management tool, to manage their positions and associated risk in their portfolios more easily in connection with exposure to the price of a commodity. Additionally, options on a Commodity-Based Trust Share provide investors with the ability to transact in such options in a listed market environment as opposed to in the unregulated OTC options market, which increases market transparency and enhances the process of price discovery conducted on the Exchange through increased order flow to the benefit of all investors.</P>
                <P>
                    The Exchange also notes that it already lists options on other commodity based ETFs,
                    <SU>34</SU>
                    <FTREF/>
                     which, as described above, are trusts structured as Commodity-Based Trust Shares. The Exchange has not identified any issues with the continued listing and trading of options on Commodity-Based Trust Shares it currently lists for trading.
                </P>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 402(i)(4).
                    </P>
                </FTNT>
                <P>
                    The Exchange also believes the proposed rule change will remove impediments to and perfect the mechanism of a free and open market and a national market system, because it is consistent with current Exchange Rules, previously filed with the Commission. Options on a Commodity-Based Trust Share must satisfy the initial listing standards and continued listing standards currently in the Exchange Rules applicable to options on 
                    <PRTPAGE P="12880"/>
                    all ETFs, including ETFs that hold other commodities already deemed appropriate for options trading on the Exchange.
                    <SU>35</SU>
                    <FTREF/>
                     Options on a Commodity-Based Trust Share would trade in the same manner as any other ETF options—the same Exchange Rules that currently govern the listing and trading of all ETF options, including permissible expirations, strike prices and minimum increments, and applicable position and exercise limits and margin requirements, will govern the listing and trading of options on a Commodity-Based Trust Share in the same manner.
                </P>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    The Exchange believes the proposed rule change will result in increased competition as other exchanges will likely adopt an identical rule to the one proposed by the Exchange that would allow the listing and trading of options on Commodity-Based Trust Shares that are approved for trading on those other markets.
                    <SU>36</SU>
                    <FTREF/>
                     Multiple listing of ETFs, options and other securities and competition are some of the central features of the national market system. The Exchange believes that the proposal would encourage a more open market and national market system based on competition and multiple listing. The Exchange represents that it has the necessary systems capacity to support the listing and trading of options on Commodity-Based Trust Shares as the Exchange lists these products today, except that it requires additional approvals prior to listing.
                </P>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         
                        <E T="03">See supra</E>
                         note 5.
                    </P>
                </FTNT>
                <P>
                    The Exchange believes that its existing surveillance and reporting safeguards are designed to deter and detect possible manipulative behavior which might arise from listing and trading of these ETF options.
                    <SU>37</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>37</SU>
                         Partial Amendment No. 1 removed a duplicative sentence from the beginning of this paragraph.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>
                    The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. In this regard and as indicated above, the Exchange notes that the rule change is being proposed as a competitive response to the filings submitted by ISE, NYSE American, NYSE Arca, and Cboe.
                    <SU>38</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>38</SU>
                         
                        <E T="03">See supra</E>
                         note 5.
                    </P>
                </FTNT>
                <P>The Exchange believes that the proposal is pro-competitive and is a competitive response to the Exchange's inability to list options on Commodity-Based Trust Shares without the need for additional approvals. The Exchange believes the proposed rule change will result in additional investment options and opportunities to achieve the investment objectives of market participants seeking efficient trading and hedging vehicles, to the benefit of investors, market participants, and the marketplace in general. Competition is one of the principal features of the national market system. The Exchange believes that this proposal will expand competitive opportunities to list and trade products on the Exchange as noted.</P>
                <P>The Exchange does not believe the proposal will impose any burden on intra-market competition that is not necessary or appropriate in furtherance of the purposes of the Act because Commodity-Based Trust Shares, like any other ETF, would have to satisfy the Exchange's initial listing standards to be eligible for options trading. Additionally, the proposed rule change would apply to all market participants in the same manner as options on Commodity-Based Trust Shares will be equally available to all market participants who wish to trade such options.</P>
                <P>
                    The Exchange does not believe the proposal will impose any burden on inter-market competition that is not necessary or appropriate in furtherance of the purposes of the Act, as nothing prevents the other options exchanges from proposing similar rules to list and trade options on Commodity-Based Trust Shares. As noted herein, ISE, NYSE American, NYSE Arca, and Cboe have submitted a proposal to adopt an identical rule to allow ISE, NYSE American, NYSE Arca, and Cboe list and trade options on Commodity-Based Trust Shares without the need for additional approvals.
                    <SU>39</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>39</SU>
                         
                        <E T="03">See supra</E>
                         note 5.
                    </P>
                </FTNT>
                <P>Furthermore, the Exchange notes that listing and trading options on a Commodity-Based Trust Share on the Exchange will subject such options to transparent exchange-based rules as well as price discovery and liquidity, as opposed to alternatively trading such options in the OTC market. The Exchange believes that the proposed rule change may relieve any burden on, or otherwise promote, competition as it is designed to increase competition for order flow on the Exchange in a manner that is beneficial to investors by providing them with a lower-cost option to hedge their investment portfolios in a timely manner.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on The Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>Written comments were neither solicited nor received.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Within 45 days of the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                     or within such longer period up to 90 days (i) as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the Exchange consents, the Commission will:
                </P>
                <P>A. by order approve or disapprove such proposed rule change, or</P>
                <P>B. institute proceedings to determine whether the proposed rule change should be disapproved.</P>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-PEARL-2025-08 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-PEARL-2025-08. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be 
                    <PRTPAGE P="12881"/>
                    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 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-PEARL-2025-08 and should be submitted on or before April 9, 2025.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>40</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>40</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04512 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102672; File No. SR-PEARL-2025-09]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the MIAX Pearl Options Fee Schedule To Adopt New Fee Categories for the Exchange's Proprietary Market Data Feeds</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 13, 2025, MIAX PEARL, LLC (“Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Item I below, which Item has been substantially prepared by the Exchange. The Exchange has designated this proposal for immediate effectiveness pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>3</SU>
                    <FTREF/>
                     and Rule 19b-4(f) thereunder.
                    <SU>4</SU>
                    <FTREF/>
                     The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         17 CFR 240.19b-4(f). At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    The Exchange proposes to amend the MIAX Pearl Options Exchange Fee Schedule (“Fee Schedule”) to, among other things, adopt new fee categories for the Exchange's proprietary market data feeds the Top of Market (“ToM”) feed and the Liquidity Feed (“PLF”) feed (collectively, the “market data feeds”).
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         All references to the “Exchange” in this filing refer to MIAX Pearl Options. Any references to the equities trading facility of MIAX PEARL, LLC will specifically be referred to as “MIAX Pearl Equities.”
                    </P>
                </FTNT>
                <P>
                    The proposed rule change, including the Exchange's statement of the purpose of, and statutory basis for, the proposed rule change, is available on the Exchange's website at 
                    <E T="03">https://www.miaxglobal.com/markets/us-options/pearl-options/rule-filings</E>
                     and on the Commission's website at 
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-PEARL-2025-09.</E>
                </P>
                <HD SOURCE="HD1">II. Solicitation of Comments</HD>
                <P>
                    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act.
                    <SU>6</SU>
                    <FTREF/>
                     Comments may be submitted electronically by using the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-PEARL-2025-09</E>
                    ) or by sending an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-PEARL-2025-09 on the subject line. Alternatively, paper comments may be sent to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090. All submissions should refer to file number SR-PEARL-2025-09. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules-regulations/self-regulatory-organization-rulemaking/national-securities-exchanges?file_number=SR-PEARL-2025-09</E>
                    ). Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-PEARL-2025-09 and should be submitted on or before April 9, 2025.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange.
                    </P>
                </FTNT>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>7</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>7</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04519 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102656; File No. SR-CboeBZX-2025-040]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing of a Proposed Rule Change To List and Trade Shares of the Franklin XRP Fund Under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 13, 2025, Cboe BZX Exchange, Inc. (“Exchange” or “BZX”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    Cboe BZX Exchange, Inc. (“BZX” or the “Exchange”) is filing with the Securities and Exchange Commission (“Commission” or “SEC”) a proposed 
                    <PRTPAGE P="12882"/>
                    rule change to list and trade shares of the Franklin XRP ETF (the “Fund”), a series of the Franklin XRP Trust (the “Trust”),
                    <SU>3</SU>
                    <FTREF/>
                     under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The Trust was formed as a Delaware statutory trust on February 28, 2025. The Fund is operated as a grantor trust for U.S. federal tax purposes. The Trust and the Fund have no fixed termination date.
                    </P>
                </FTNT>
                <P>
                    The text of the proposed rule change is also available on the Exchange's website (
                    <E T="03">http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/</E>
                    ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange proposes to list and trade the Shares under BZX Rule 14.11(e)(4),
                    <SU>4</SU>
                    <FTREF/>
                     which governs the listing and trading of Commodity-Based Trust Shares on the Exchange.
                    <SU>5</SU>
                    <FTREF/>
                     Franklin Holdings, LLC is the sponsor of the Fund (the “Sponsor”). The Shares will be registered with the Commission by means of the Trust's registration statement on Form S-1 (the “Registration Statement”).
                    <SU>6</SU>
                    <FTREF/>
                     According to the Registration Statement, the Trust is neither an investment company registered under the Investment Company Act of 1940, as amended (the “1940 Act”),
                    <SU>7</SU>
                    <FTREF/>
                     nor a commodity pool for purposes of the Commodity Exchange Act (“CEA”), and neither the Trust, the Fund nor the Sponsor is subject to regulation as a commodity pool operator or a commodity trading adviser in connection with the Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The Commission approved BZX Rule 14.11(e)(4) in Securities Exchange Act Release No. 65225 (August 30, 2011), 76 FR 55148 (September 6, 2011) (SR-BATS-2011-018).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Any of the statements or representations regarding the index composition, the description of the portfolio or reference assets, limitations on portfolio holdings or reference assets, dissemination and availability of index, reference asset, and intraday indicative values, or the applicability of Exchange listing rules specified in this filing to list a series of Other Securities (collectively, “Continued Listing Representations”) shall constitute continued listing requirements for the Shares listed on the Exchange.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         On March 11, 2025, the Trust filed with the Commission the Registration Statement on Form S-1, submitted to the Commission by the Sponsor on behalf of the Trust (333-285706). The descriptions of the Trust, the Fund, the Shares, and the Index (as defined below) contained herein are based, in part, on information in the Registration Statement. The Registration Statement is not yet effective, and the Shares will not trade on the Exchange until such time that the Registration Statement is effective.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         15 U.S.C. 80a-1.
                    </P>
                </FTNT>
                <P>
                    Since 2017, the Commission has approved or disapproved exchange filings to list and trade series of Trust Issued Receipts, including spot-based Commodity-Based Trust Shares, on the basis of whether the listing exchange has in place a comprehensive surveillance sharing agreement with a regulated market of significant size related to the underlying commodity to be held (the “Winklevoss Test”).
                    <SU>8</SU>
                    <FTREF/>
                     The Commission has also consistently recognized, however, that this is not the 
                    <E T="03">exclusive</E>
                     means by which an ETP listing exchange can meet this statutory obligation.
                    <SU>9</SU>
                    <FTREF/>
                     A listing exchange could, alternatively, demonstrate that “other means to prevent fraudulent and manipulative acts and practices will be sufficient” to justify dispensing with a surveillance-sharing agreement with a regulated market of significant size.
                    <SU>10</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release Nos. 78262 (July 8, 2016), 81 FR 78262 (July 14. 2016) (the “Winklevoss Proposal”). The Winklevoss Proposal was the first exchange rule filing proposing to list and trade shares of an ETP that would hold spot bitcoin (a “Spot Bitcoin ETP”). It was subsequently disapproved by the Commission. 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 83723 (July 26, 2018), 83 FR 37579 (August 1, 2018) (the “Winklevoss Order”); 99306 (January 10, 2024), 89 FR 3008 (January 17, 2024) (Self-Regulatory Organizations; NYSE Arca, Inc.; The Nasdaq Stock Market LLC; Cboe BZX Exchange, Inc.; Order Granting Accelerated Approval of Proposed Rule Changes, as Modified by Amendments Thereto, To List and Trade Bitcoin-Based Commodity-Based Trust Shares and Trust Units) (the “Spot Bitcoin ETP Approval Order”); 100224 (May 23, 2024), 89 FR 46937 (May 30, 2024) (Self-Regulatory Organizations; NYSE Arca, Inc.; The Nasdaq Stock Market LLC; Cboe BZX Exchange, Inc.; Order Granting Accelerated Approval of Proposed Rule Changes, as Modified by Amendments Thereto, To List and Trade Shares of Ether-Based Exchange-Traded Products) (the “Spot ETH ETP Approval Order”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Winklevoss Order, 83 FR at 37580; 
                        <E T="03">see</E>
                         Spot Bitcoin ETP Approval Order, 89 FR at 3009; 
                        <E T="03">see</E>
                         Spot ETH ETP Approval Order 89 FR at 46938.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         The Exchange notes that that the Winklevoss Test was first applied in 2017 in the Winklevoss Order, which was the first disapproval order related to an exchange proposal to list and trade a Spot Bitcoin ETP. All prior approval orders issued by the Commission approving the listing and trading of series of Trust Issued Receipts included no specific analysis related to a “regulated market of significant size.”In the Winklevoss Order and the Commission's prior orders approving the listing and trading of series of Trust Issued Receipts have noted that the spot commodities and currency markets for which it has previously approved spot ETPs are generally unregulated and that the Commission relied on the underlying futures market as the regulated market of significant size that formed the basis for approving the series of Currency and Commodity-Based Trust Shares, including gold, silver, platinum, palladium, copper, and other commodities and currencies. The Commission specifically noted in the Winklevoss Order that the approval order issued related to the first spot gold ETP “was based on an assumption that the currency market and the spot gold market were largely unregulated.” 
                        <E T="03">See</E>
                         Winklevoss Order at 37592. As such, the regulated market of significant size test does not require that the spot market be regulated in order for the Commission to approve this proposal, and precedent makes clear that an underlying market for a spot commodity or currency being a regulated market would actually be an exception to the norm. These largely unregulated currency and commodity markets do not provide the same protections as the markets that are subject to the Commission's oversight, but the Commission has consistently looked to surveillance sharing agreements with the underlying futures market in order to determine whether such products were consistent with the Act.
                    </P>
                </FTNT>
                <P>The Commission recently issued orders granting approval for proposals to list bitcoin- and ether-based commodity trust shares and bitcoin-based, ether-based, and a combination of bitcoin- and ether-based trust issued receipts (these proposed funds are nearly identical to the Fund, but proposed to hold bitcoin and/or ether, respectively, instead of XRP) (“Spot Bitcoin ETPs” and “Spot ETH ETPs”). In both the Spot Bitcoin ETP Approval Order and Spot ETH ETP Approval Order, the Commission found that sufficient “other means” of preventing fraud and manipulation had been demonstrated that justified dispensing with a surveillance-sharing agreement with a regulated market of significant size. Specifically, the Commission found that while the Chicago Mercantile Exchange (“CME”) futures market for both bitcoin and ether were not of “significant size” related to the spot market, the Exchange demonstrated that other means could be reasonably expected to assist in surveilling for fraudulent and manipulative acts and practices in the specific context of the proposals.</P>
                <P>
                    As further discussed below, both the Exchange and the Sponsor believe that this proposal and the included analysis are sufficient to establish that the proposal is consistent with the Act itself and, additionally, that there are sufficient “other means” of preventing fraud and manipulation that warrant dispensing of the surveillance-sharing agreement with a regulated market of significant size, as was done with both Spot Bitcoin ETPs and Spot ETH ETPs, and that this proposal should be approved.
                    <PRTPAGE P="12883"/>
                </P>
                <HD SOURCE="HD3">Background</HD>
                <P>XRP is a digital asset that is created and transmitted through the operations of the XRP Ledger, a decentralized ledger upon which XRP transactions are processed and settled. XRP can be used to pay for goods and services, or it can be converted to fiat currencies, such as the U.S. dollar. The XRP Ledger is based on a shared public ledger similar to the Bitcoin network. However, the XRP Ledger differentiates itself from other digital asset networks in that its stated primary function is transactional utility, not store of value. The XRP Ledger is designed to be a global real-time payment and settlement system. As a result, the XRP Ledger and XRP aim to improve the speed at which parties on the network may transfer value while also reducing the fees and delays associated with the traditional methods of interbank payments.</P>
                <P>Unlike a centralized system, no single entity controls the XRP Ledger. Instead, a network of independent nodes validates transactions pursuant to a consensus-based algorithm. It is this mechanism, as opposed to the proof-of-work mechanism utilized by the Bitcoin blockchain, that allows the XRP Ledger to be fast, energy-efficient and scalable, and therefore suitable for its most prominent use case, the facilitation of cross-border financial transactions. Unlike proof-of-work systems, which require massive computational power to secure the network, the consensus-based algorithm utilized by the XRP Ledger is extremely lightweight in terms of energy usage, as it relies on trusted validators rather than mining. The XRP Ledger can handle up to 1,500 transactions per second, far more than the Bitcoin or Ethereum blockchain. This makes the XRP Ledger suitable for high-volume use cases, such as cross-border payments. Lastly, because validators do not need to spend resources on mining, transaction fees are extremely low (typically a fraction of a cent per transaction).</P>
                <P>Transactions are validated on the XRP Ledger by a network of independent validator nodes. These nodes do not mine new blocks but participate in a consensus process to ensure that transactions are valid and correctly ordered on the ledger. Any node can be a validator, but for practical purposes, the XRP Ledger depends on a list of trusted validators known as the Unique Node List or “UNL.” Validators are entities (which can be individuals, institutions or other organizations) that run nodes to participate in the consensus process. These validators ensure the integrity and accuracy of the ledger. Each node in the network maintains a Unique Node List—a list of other validators that the node trusts to reliably validate transactions. The XRP Ledger's decentralized architecture means that different nodes may maintain different UNLs, but there needs to be some overlap in the UNLs for consensus to work effectively.</P>
                <P>Unlike other digital assets such as bitcoin or ether, XRP was not and is not mined gradually over time. Instead, all 100 billion XRP tokens were created at the time of the XRP Ledger's launch in 2012. This means that every XRP token that exists today was generated from the outset, without the need for a mining process. Of the 100 billion XRP generated by the XRP Ledger's code, the founders of Ripple Labs Inc. (“Ripple Labs”) retained 20 billion XRP and the rest, nearly 80 billion XRP, was provided to Ripple Labs.</P>
                <P>As noted above, this proposal is to list and trade shares of the Fund that would hold spot XRP. Neither the Trust, Fund, nor the Sponsor or any of their affiliates are affiliates of Ripple Labs or any of its affiliates.</P>
                <P>
                    In light of these factors and consistent with applicable legal precedent, particularly as applied in 
                    <E T="03">SEC</E>
                     v. 
                    <E T="03">Ripple Labs,</E>
                     the Sponsor believes that it is applying the proper legal standards in making a good faith determination that it believes that XRP is not under these circumstances a security under federal law in light of the uncertainties inherent in applying the 
                    <E T="03">Howey</E>
                     and 
                    <E T="03">Reves</E>
                     tests.
                    <SU>11</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                          
                        <E T="03">SEC</E>
                         v. 
                        <E T="03">Ripple Labs,</E>
                         2023 WL 4507900 at 15, (S.D.N.Y. July 13, 2023) (“(XRP, as a digital token, is not in and of itself a `contract, transaction[,] or scheme' that embodies the Howey requirements of an investment contract.)”) and 23 (“Ripple's Programmatic Sales were blind bid/ask transactions, and Programmatic Buyers could not have known if their payments of money went to Ripple, or any other seller of XRP. Since 2017, Ripple's Programmatic Sales represented less than 1% of the global XRP trading volume. Therefore, the vast majority of individuals who purchased XRP from digital asset exchanges did not invest their money in Ripple at all. An Institutional Buyer knowingly purchased XRP directly from Ripple pursuant to a contract, but the economic reality is that a Programmatic Buyer stood in the same shoes as a secondary market purchaser who did not know to whom or what it was paying its money.”) The Court specifically notes that the question of whether secondary market sales of XRP constitute offers and sales of investment contracts because it was not before the Court and therefore was not addressed. However, the general logic applied above in the Court's finding that an investment contract did not exist seems to similarly indicate that purchases and sales on the secondary market where the purchaser “did not know to whom or what it was paying its money” would also not constitute an investment contract.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Section 6(b)(5) and the Applicable Standards</HD>
                <P>
                    The Commission has approved numerous series of Trust Issued Receipts,
                    <SU>12</SU>
                    <FTREF/>
                     including Commodity-Based Trust Shares,
                    <SU>13</SU>
                    <FTREF/>
                     to be listed on U.S. national securities exchanges. In order for any proposed rule change from an exchange to be approved, the Commission must determine that, among other things, the proposal is consistent with the requirements of Section 6(b)(5) of the Act, specifically including: (i) the requirement that a national securities exchange's rules are designed to prevent fraudulent and manipulative acts and practices; 
                    <SU>14</SU>
                    <FTREF/>
                     and (ii) the requirement that an exchange proposal be designed, in general, to protect investors and the public interest. The Exchange believes that this proposal is consistent with the requirements of Section 6(b)(5) of the Act and that this filing sufficiently demonstrates that potential policy concerns under the Act are sufficiently mitigated to the point that they are outweighed by quantifiable investor protection issues that would be resolved by approving this proposal.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 14.11(f).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         Commodity-Based Trust Shares, as described in Exchange Rule 14.11(e)(4), are a type of Trust Issued Receipt.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         Much like bitcoin and ether, the Exchange believes that XRP is resistant to price manipulation and that “other means to prevent fraudulent and manipulative acts and practices” exist to justify dispensing with the requisite surveillance sharing agreement. The geographically diverse and continuous nature of XRP trading render it difficult and prohibitively costly to manipulate the price of XRP. The fragmentation across platforms and the capital necessary to maintain a significant presence on each trading platform make manipulation of XRP prices through continuous trading activity challenging. To the extent that there are trading platforms engaged in or allowing wash trading or other activity intended to manipulate the price of XRP on other markets, such pricing does not normally impact prices on other trading platforms because participants will generally ignore markets with quotes that they deem non-executable. Moreover, the linkage between XRP markets and the presence of arbitrageurs in those markets means that the manipulation of the price of XRP on any single venue would require manipulation of the global XRP price in order to be effective. Arbitrageurs must have funds distributed across multiple trading platforms in order to take advantage of temporary price dislocations, thereby making it unlikely that there will be strong concentration of funds on any particular trading platforms or OTC platform. Further, the speed and relatively inexpensive nature of transactions on the XRP Ledger allow arbitrageurs to quickly move capital between trading platforms where price dislocations may occur. As a result, the potential for manipulation on a trading platform would require overcoming the liquidity supply of such arbitrageurs who are effectively eliminating any cross-market pricing differences.
                    </P>
                </FTNT>
                <P>
                    More recently, the Commission has applied the Winklevoss Test while also recognizing that the “regulated market 
                    <PRTPAGE P="12884"/>
                    of significant size” standard is not the only means for satisfying Section 6(b)(5) of the Act. In the specifically providing that a listing exchange could demonstrate that “other means to prevent fraudulent and manipulative acts and practices” are sufficient to justify dispensing with the requisite surveillance-sharing agreement.
                    <SU>15</SU>
                    <FTREF/>
                     While there is currently no futures market for XRP, in the Spot Bitcoin ETF Approval Order and Spot ETH ETF Approval Order the Commission determined that the CME bitcoin futures market and CME ether futures market, respectively, were not of “significant size” related to the spot market. Instead, the Commission found that sufficient “other means” of preventing fraud and manipulation had been demonstrated that justified dispensing with a surveillance-sharing agreement with a regulated market of significant size. The Exchange and Sponsor believe that this proposal provides for other means of preventing fraud and manipulation justify dispensing with a surveillance-sharing agreement with a regulated market of significant size.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Winklevoss Order at 37580. The Commission has also specifically noted that it “is not applying a `cannot be manipulated' standard; instead, the Commission is examining whether the proposal meets the requirements of the Exchange Act and, pursuant to its Rules of Practice, places the burden on the listing exchange to demonstrate the validity of its contentions and to establish that the requirements of the Exchange Act have been met.” 
                        <E T="03">Id.</E>
                         at 37582.
                    </P>
                </FTNT>
                <P>Over the past several years, U.S. investor exposure to XRP, through OTC XRP Funds and digital asset trading platforms, has grown into billions of dollars with a fully diluted market cap of greater than $300 billion. The Exchange believes that approving this proposal (and comparable proposals) provides the Commission with the opportunity to allow U.S. investors with access to XRP in a regulated and transparent exchange-traded vehicle that would act to limit risk to U.S. investors by: (i) reducing premium and discount volatility; (ii) reducing management fees through meaningful competition; and (iii) providing an alternative to custodying spot XRP.</P>
                <P>The policy concerns that the Exchange Act is designed to address are also otherwise mitigated by the fact that the size of the market for the underlying reference asset (approximately $300+ billion fully diluted value) and the nature of the XRP ecosystem reduces its susceptibility to manipulation. The geographically diverse and continuous nature of XRP trading makes it difficult and prohibitively costly to manipulate the price of XRP and, in many instances, the XRP market can be less susceptible to manipulation than the equity, fixed income, and commodity futures markets. There are a number of reasons this is the case, including that there is not inside information about revenue, earnings, corporate activities, or sources of supply; manipulation of the price on any single venue would require manipulation of the global XRP price in order to be effective; a substantial over-the-counter market provides liquidity and shock-absorbing capacity; XRP's 24/7/365 nature provides constant arbitrage opportunities across all trading venues; and it is unlikely that any one actor could obtain a dominant market share.</P>
                <P>Further, XRP is arguably less susceptible to manipulation than other commodities that underlie ETPs; there may be inside information relating to the supply of the physical commodity such as the discovery of new sources of supply or significant disruptions at mining facilities that supply the commodity that simply are inapplicable as it relates to certain cryptoassets, including XRP. Further, the Exchange believes that the fragmentation across XRP trading platforms and increased adoption of XRP, as displayed through increased user engagement and trading volumes on the XRP Ledger, make manipulation of XRP prices through continuous trading activity more difficult. Moreover, the linkage between the XRP markets and the presence of arbitrageurs in those markets means that the manipulation of the price of XRP price on any single venue would require manipulation of the global XRP price in order to be effective. Arbitrageurs must have funds distributed across multiple XRP trading platforms in order to take advantage of temporary price dislocations, thereby making it unlikely that there will be strong concentration of funds on any particular XRP trading platform. As a result, the potential for manipulation on a particular XRP trading platform would require overcoming the liquidity supply of such arbitrageurs who are effectively eliminating any cross-market pricing differences. For all of these reasons, XRP is not particularly susceptible to manipulation, especially as compared to other approved ETP reference assets.</P>
                <HD SOURCE="HD3">Franklin XRP ETF</HD>
                <P>
                    CSC Delaware Trust Company, a subsidiary of the Corporation Service Company, is the trustee (“Trustee”). A third party will be the administrator (“Administrator”) and transfer agent (“Transfer Agent”) and will be responsible for the custody of the Fund's cash and cash equivalents 
                    <SU>16</SU>
                    <FTREF/>
                     (the “Cash Custodian”). Coinbase Custody Trust Company, LLC (the “XRP Custodian”) will be responsible for custody of the Fund's XRP.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         Cash equivalents are short-term instruments with maturities of less than 3 months.
                    </P>
                </FTNT>
                <P>According to the Registration Statement, each Share will represent a fractional undivided beneficial interest in the Fund's net assets. The Fund's assets will only consist of XRP, cash, and cash equivalents.</P>
                <P>
                    According to the Registration Statement, the Trust will be neither an investment company registered under the 1940 Act,
                    <SU>17</SU>
                    <FTREF/>
                     nor a commodity pool for purposes of the CEA, and neither the Trust, the Fund nor the Sponsor is subject to regulation as a commodity pool operator or a commodity trading adviser in connection with the Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         15 U.S.C. 80a-1.
                    </P>
                </FTNT>
                <P>The Fund will not acquire and will disclaim any incidental right (“IR”) or IR asset received, for example as a result of forks or airdrops, and such assets will not be taken into account for purposes of determining the Fund's net asset value (“NAV”).</P>
                <P>
                    When the Fund sells or redeems its Shares, it will do so in large blocks of 50,000 Shares (a “Creation Basket”) based on the quantity of XRP attributable to each Share (net of the accrued but unpaid Sponsor's fee and any accrued but unpaid expenses or liabilities). Creation Baskets are issued and redeemed in exchange for XRP and/or cash. For cash creations, authorized participants will deliver, or facilitate the delivery of, cash to the Fund's account with the Cash Custodian in exchange for Shares. Upon receipt of an approved cash creation order, the Sponsor, on behalf of the Fund, will submit to one or more previously onboarded trading partners an order to buy the amount of XRP represented by a Creation Basket.
                    <SU>18</SU>
                    <FTREF/>
                     For in-kind creations, authorized participants or their designee will deliver, or facilitate the delivery of, XRP to the Fund's account with the XRP Custodian in exchange for Shares.
                    <SU>19</SU>
                    <FTREF/>
                     Authorized participants may then offer Shares to the public at prices that 
                    <PRTPAGE P="12885"/>
                    depend on various factors, including the supply and demand for Shares, the value of the Fund's assets, and market conditions at the time of a transaction. Shareholders who buy or sell Shares during the day from their broker may do so at a premium or discount relative to the NAV per Share of the Fund.
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         For cash redemptions, the process will occur in the reverse order. Upon receipt of an approved cash redemption order, the Sponsor, on behalf of the Fund, will submit an order to sell the amount of XRP represented by a Creation Basket and the cash proceeds will be remitted to the authorized participant when the large block of Shares is received by the Transfer Agent.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         For in-kind redemptions, the process will occur in the reverse order. Upon receipt of an approved in-kind redemption order, the Sponsor, on behalf of the Fund, will transfer the amount of XRP represented by a Creation Basket to the authorized participant or its designee when the large block of Shares is received by the Transfer Agent.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Investment Objective</HD>
                <P>According to the Registration Statement and as further described below, the Fund's investment objective is to seek to reflect generally the performance of the price of XRP before payment of the Fund's expenses and liabilities. In seeking to achieve its investment objective, the Fund will hold only XRP, cash, and cash equivalents. The Fund will value its Shares daily as of 4:00 p.m. ET based on the value of the XRP held by the Fund as reflected by the Index, as described below. All of the Fund's XRP will be held by the XRP Custodian.</P>
                <HD SOURCE="HD3">The Index</HD>
                <P>As described in the Registration Statement, the Fund will value its Shares daily based on the value of XRP as reflected by the CME CF XRP-Dollar Reference Rate—New York Variant (the “Index”). The Index is calculated daily and aggregates the notional value of XRP trading activity across major spot XRP trading platforms. The administrator of the Index is CF Benchmarks Ltd. (the “Index Provider”).</P>
                <P>The Index serves as a once-a-day benchmark rate of the U.S. dollar price of XRP (USD/XRP), calculated as of 4:00 p.m. ET. The Index aggregates the trade flow of several XRP trading platforms, during an observation window between 3:00 p.m. and 4:00 p.m. ET into the U.S. dollar price of one XRP at 4:00 p.m. ET. Specifically, the Index is calculated based on the “Relevant Transactions” (as defined below) of all of its constituent XRP trading platforms, which are currently Bitstamp, Coinbase, Kraken, and LMAX Digital (the “Constituent Platforms”), as follows:</P>
                <P>• All Relevant Transactions are added to a joint list, recording the time of execution, trade price and size for each transaction.</P>
                <P>• The list is partitioned by timestamp into 12 equally-sized time intervals of 5 (five) minute length.</P>
                <P>
                    • For each partition separately, the volume-weighted median trade price is calculated from the trade prices and sizes of all Relevant Transactions, 
                    <E T="03">i.e.,</E>
                     across all Constituent Platforms. A volume-weighted median differs from a standard median in that a weighting factor, in this case trade size, is factored into the calculation.
                </P>
                <P>• The Index is then determined by the equally-weighted average of the volume medians of all partitions.</P>
                <P>The Constituent Platforms may change from time to time. The Index does not include any futures prices in its methodology. A “Relevant Transaction” is any cryptocurrency versus U.S. dollar spot trade that occurs during the observation window between 3:00 p.m. and 4:00 p.m. ET on a Constituent Platform in the XRP/USD pair that is reported and disseminated by a Constituent Platform through its publicly available Application Programming Interface (“API”) and observed by the Index Provider.</P>
                <P>The Sponsor believes that the use of the Index is reflective of a reasonable valuation of the average spot price of XRP and that resistance to manipulation is a priority aim of its design methodology. The methodology: (i) takes an observation period and divides it into equal partitions of time; (ii) then calculates the volume-weighted median of all transactions within each partition; and (iii) the value is determined from the arithmetic mean of the volume-weighted medians, equally weighted. By employing the foregoing steps, the Index thereby seeks to ensure that transactions in XRP conducted at outlying prices do not have an undue effect on the value of the Index, large trades or clusters of trades transacted over a short period of time will not have an undue influence on the Index value, and the effect of large trades at prices that deviate from the prevailing price are mitigated from having an undue influence on the Index value.</P>
                <P>In addition, the Sponsor notes that an oversight function is implemented by the Index Provider in seeking to ensure that the Index is administered through codified policies for Index integrity.</P>
                <P>
                    Index data and the description of the Index are based on information made publicly available by the Index Provider on its website at 
                    <E T="03">https://www.cfbenchmarks.com.</E>
                </P>
                <HD SOURCE="HD3">Net Asset Value</HD>
                <P>NAV means the total assets of the Fund (which includes XRP and cash and cash equivalents) less total liabilities of the Fund. The Administrator will determine the NAV of the Fund on each day that the Exchange is open for regular trading, as promptly as practical after 4:00 p.m. ET. The NAV of the Fund is the aggregate value of the Fund's assets less its estimated accrued but unpaid liabilities (which include accrued expenses). In determining the Fund's NAV, the Administrator values the XRP held by the Fund based on the Index as of 4:00 p.m. ET. The Administrator also determines the NAV per Share. The NAV for the Fund will be calculated by the Administrator once a day and will be disseminated daily to all market participants at the same time.</P>
                <P>
                    If the Index is not available or the Sponsor determines, in its sole discretion, that the Index should not be used, the Fund's holdings may be fair valued in accordance with the policy approved by the Sponsor.
                    <SU>20</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         Any alternative method will only be employed on an ad hoc basis. Any permanent change to the calculation of the NAV would require a proposed rule change under Rule 19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Availability of Information</HD>
                <P>
                    In addition to the price transparency of the Index, the Fund will provide information regarding the Fund's XRP holdings as well as additional data regarding the Fund. The website for the Fund, which will be publicly accessible at no charge, will contain the following information: (a) the current NAV per Share daily and the prior business day's NAV per Share and the reported BZX Official Closing Price; 
                    <SU>21</SU>
                    <FTREF/>
                     (b) the BZX Official Closing Price in relation to the NAV per Share as of the time the NAV is calculated and a calculation of the premium or discount of such price against such NAV per Share; (c) data in chart form displaying the frequency distribution of discounts and premiums of the BZX Official Closing Price against the NAV per Share, within appropriate ranges for each of the four previous calendar quarters (or for the life of the Fund, if shorter); (d) the prospectus; and (e) other applicable quantitative information. The aforementioned information will be published as of the close of business and be available on the Fund's website at 
                    <E T="03">https://www.franklintempleton.com/investments/options/exchange-traded-funds,</E>
                     or any successor thereto. The NAV for the Fund will be calculated by the Administrator once a day and will be disseminated daily to all market participants at the same time. Quotation and last-sale information regarding the Shares will be disseminated through the facilities of the Consolidated Tape Association (“CTA”). The Fund will also disseminate its holdings on a daily basis on its website.
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         As defined in Rule 11.23(a)(3), the term “BZX Official Closing Price” shall mean the price disseminated to the consolidated tape as the market center closing trade.
                    </P>
                </FTNT>
                <P>
                    The Intraday Indicative Value (“IIV”) will be calculated by using the prior day's closing NAV per Share as a base and updating that value during Regular 
                    <PRTPAGE P="12886"/>
                    Trading Hours 
                    <SU>22</SU>
                    <FTREF/>
                     to reflect changes in the value of the Fund's XRP holdings during the trading day, which is based on the CME CF XRP-Dollar Real Time Index. The IIV disseminated during Regular Trading Hours should not be viewed as an actual real-time update of the NAV, which will be calculated only once at the end of each trading day. The IIV will be widely disseminated on a per Share basis every 15 seconds during the Exchange's Regular Trading Hours through the facilities of the CTA and Consolidated Quotation System (“CQS”) high speed lines. In addition, the IIV will be available through online information services, such as Bloomberg and Reuters.
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         Regular Trading Hours is the time between 9:30 a.m. and 4:00 p.m. Eastern Time.
                    </P>
                </FTNT>
                <P>The price of XRP will be made available by one or more major market data vendors, updated at least every 15 seconds during Regular Trading Hours.</P>
                <P>
                    As noted above, the Index is calculated daily and aggregates the notional value of XRP trading activity across major spot XRP trading platforms. Index data, the Index value, and the description of the Index are based on information made publicly available by the Index Provider on its website 
                    <E T="03">https://www.cfbenchmarks.com.</E>
                </P>
                <P>Quotation and last sale information for XRP is widely disseminated through a variety of major market data vendors, including Bloomberg and Reuters. Information relating to trading, including price and volume information, in XRP is available from major market data vendors and from the trading platforms on which XRP are traded. Depth of book information is also available from XRP trading platforms. The normal trading hours for XRP trading platforms are 24 hours per day, 365 days per year.</P>
                <P>Information regarding market price and trading volume of the Shares will be continually available on a real-time basis throughout the day on brokers' computer screens and other electronic services. Information regarding the previous day's BZX Official Closing Price and trading volume information for the Shares will be published daily in the financial section of newspapers. Quotation and last-sale information regarding the Shares will be disseminated through the facilities of the CTA.</P>
                <HD SOURCE="HD3">The XRP Custodian</HD>
                <P>
                    The XRP Custodian carefully considers the design of the physical, operational and cryptographic systems for secure storage of the Fund's private keys in an effort to lower the risk of loss or theft. The XRP Custodian utilizes a variety of security measures to ensure that private keys necessary to transfer digital assets remain uncompromised and that the Fund maintains exclusive ownership of its assets. The XRP Custodian will keep the private keys associated with the Fund's XRP in “cold storage” 
                    <SU>23</SU>
                    <FTREF/>
                     (the “Cold Vault Balance”). The hardware, software, systems, and procedures of the XRP Custodian may not be available or cost-effective for many investors to access directly. Only specific individuals are authorized to participate in the custody process, and no individual acting alone will be able to access or use any of the private keys. In addition, no combination of the executive officers of the Sponsor, acting alone or together, will be able to access or use any of the private keys that hold the Fund's XRP.
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         The term “cold storage” refers to a safeguarding method by which the private keys corresponding to XRP stored on a digital wallet are removed from any computers actively connected to the internet. Cold storage of private keys may involve keeping such wallet on a non-networked computer or electronic device or storing the public key and private keys relating to the digital wallet on a storage device (for example, a USB thumb drive) or printed medium (for example, papyrus or paper) and deleting the digital wallet from all computers.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Creation and Redemption of Shares</HD>
                <P>When the Fund sells or redeems its Shares, it will do so in Creation Baskets that are based on the quantity of XRP attributable to each Share (net of the accrued but unpaid Sponsor's fee and any accrued but unpaid expenses or liabilities). Creation Baskets are issued and redeemed in exchange for XRP and/or cash. According to the Registration Statement, on any business day, an authorized participant may place an order to create one or more Creation Baskets. Purchase orders for cash transaction Creation Baskets must be placed by 2:00 p.m. ET, or the close of regular trading on the Exchange, whichever is earlier. Purchase orders for in-kind transaction Creation Baskets must be placed by 4:00 p.m. ET, or the close of regular trading on the Exchange, whichever is earlier. The day on which an order is properly received is considered the purchase order date. For cash creations, the total deposit of cash required is based on the combined NAV of the number of Shares included in the Creation Baskets being created determined as of 4:00 p.m. ET on the purchase order date. The Administrator determines the quantity of XRP associated with a Creation Basket for a given day by dividing the number of XRP held by the Fund as of the opening of business on that business day, adjusted for the amount of XRP constituting estimated accrued but unpaid fees and expenses of the Fund as of the opening of business on that business day, by the quotient of the number of Shares outstanding at the opening of business divided by the number of Shares in a Creation Basket.</P>
                <P>The procedures by which an authorized participant can redeem one or more Creation Baskets mirror the procedures for the creation of Creation Baskets.</P>
                <P>The Sponsor (including its delegates) will maintain ownership and control of the Fund's XRP in a manner consistent with good delivery requirements for spot commodity transactions.</P>
                <HD SOURCE="HD3">Rule 14.11(e)(4)—Commodity-Based Trust Shares</HD>
                <P>
                    The Shares will be subject to BZX Rule 14.11(e)(4), which sets forth the initial and continued listing criteria applicable to Commodity-Based Trust Shares. The Exchange represents that, for initial and continued listing, the Fund must be in compliance with Rule 10A-3 under the Act. A minimum of 100,000 Shares will be outstanding at the commencement of listing on the Exchange. The Exchange will obtain a representation that the NAV will be calculated daily and that the NAV and information about the assets of the Fund will be made available to all market participants at the same time. The Exchange notes that, as defined in Rule 14.11(e)(4)(C)(i), the Shares will be: (a) issued by a trust that holds (1) a specified commodity 
                    <SU>24</SU>
                    <FTREF/>
                     deposited with the trust, or (2) a specified commodity and, in addition to such specified commodity, cash; (b) issued by such trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (c) when aggregated in the same specified minimum number, may be redeemed at a holder's request by such trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash.
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         For purposes of Rule 14.11(e)(4), the term commodity takes on the definition of the term as provided in the CEA.
                    </P>
                </FTNT>
                <P>
                    Upon termination of the Fund, the Shares will be removed from listing. The Trustee is a trust company having substantial capital and surplus and the experience and facilities for handling corporate trust business, as required under Rule 14.11(e)(4)(E)(iv)(a) and that no change will be made to the trustee without prior notice to and approval of the Exchange. The Exchange also notes that, pursuant to Rule 14.11(e)(4)(F), neither the Exchange nor any agent of the Exchange shall have any liability for 
                    <PRTPAGE P="12887"/>
                    damages, claims, losses or expenses caused by any errors, omissions or delays in calculating or disseminating any underlying commodity value, the current value of the underlying commodity required to be deposited to the Fund in connection with issuance of Commodity-Based Trust Shares; resulting from any negligent act or omission by the Exchange, or any agent of the Exchange, or any act, condition or cause beyond the reasonable control of the Exchange, its agent, including, but not limited to, an act of God; fire; flood; extraordinary weather conditions; war; insurrection; riot; strike; accident; action of government; communications or power failure; equipment or software malfunction; or any error, omission or delay in the reports of transactions in an underlying commodity. Finally, as required in Rule 14.11(e)(4)(G), the Exchange notes that any registered market maker (“Market Maker”) in the Shares must file with the Exchange in a manner prescribed by the Exchange and keep current a list identifying all accounts for trading in an underlying commodity, related commodity futures or options on commodity futures, or any other related commodity derivatives, which the registered Market Maker may have or over which it may exercise investment discretion. No registered Market Maker shall trade in an underlying commodity, related commodity futures or options on commodity futures, or any other related commodity derivatives, in an account in which a registered Market Maker, directly or indirectly, controls trading activities, or has a direct interest in the profits or losses thereof, which has not been reported to the Exchange as required by this Rule. In addition to the existing obligations under Exchange rules regarding the production of books and records (see, 
                    <E T="03">e.g.,</E>
                     Rule 4.2), the registered Market Maker in Commodity-Based Trust Shares shall make available to the Exchange such books, records or other information pertaining to transactions by such entity or registered or non-registered employee affiliated with such entity for its or their own accounts for trading the underlying physical commodity, related commodity futures or options on commodity futures, or any other related commodity derivatives, as may be requested by the Exchange.
                </P>
                <P>The Exchange is able to obtain information regarding trading in the Shares and the underlying XRP or any other XRP derivative through members acting as registered Market Makers, in connection with their proprietary or customer trades.</P>
                <P>As a general matter, the Exchange has regulatory jurisdiction over its Members and their associated persons, which include any person or entity controlling a Member. To the extent the Exchange may be found to lack jurisdiction over a subsidiary or affiliate of a Member that does business only in commodities or futures contracts, the Exchange could obtain information regarding the activities of such subsidiary or affiliate through surveillance sharing agreements with regulatory organizations of which such subsidiary or affiliate is a member.</P>
                <HD SOURCE="HD3">Trading Halts</HD>
                <P>With respect to trading halts, the Exchange may consider all relevant factors in exercising its discretion to halt or suspend trading in the Shares. The Exchange will halt trading in the Shares under the conditions specified in BZX Rule 11.18. Trading may be halted because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. These may include: (1) the extent to which trading is not occurring in the XRP underlying the Shares; or (2) whether other unusual conditions or circumstances detrimental to the maintenance of a fair and orderly market are present. Trading in the Shares also will be subject to Rule 14.11(e)(4)(E)(ii), which sets forth circumstances under which trading in the Shares may be halted.</P>
                <P>If the IIV or the value of the Index is not being disseminated as required, the Exchange may halt trading during the day in which the interruption to the dissemination of the IIV or the value of the Index occurs. If the interruption to the dissemination of the IIV or the value of the Index persists past the trading day in which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption.</P>
                <P>In addition, if the Exchange becomes aware that the NAV with respect to the Shares is not disseminated to all market participants at the same time, it will halt trading in the Shares until such time as the NAV is available to all market participants.</P>
                <HD SOURCE="HD3">Trading Rules</HD>
                <P>The Exchange deems the Shares to be equity securities, thus rendering trading in the Shares subject to the Exchange's existing rules governing the trading of equity securities. BZX will allow trading in the Shares during all trading sessions on the Exchange. The Exchange has appropriate rules to facilitate transactions in the Shares during all trading sessions. As provided in BZX Rule 11.11(a) the minimum price variation for quoting and entry of orders in securities traded on the Exchange is $0.01 where the price is greater than $1.00 per share or $0.0001 where the price is less than $1.00 per share. The Shares of the Fund will conform to the initial and continued listing criteria set forth in BZX Rule 14.11(e)(4).</P>
                <HD SOURCE="HD3">Surveillance</HD>
                <P>The Exchange represents that its surveillance procedures are adequate to properly monitor the trading of the Shares on the Exchange during all trading sessions and to deter and detect violations of Exchange rules and the applicable federal securities laws. Trading of the Shares through the Exchange will be subject to the Exchange's surveillance procedures for derivative products, including Commodity-Based Trust Shares. FINRA conducts certain cross-market surveillances on behalf of the Exchange pursuant to a regulatory services agreement. The Exchange is responsible for FINRA's performance under this regulatory services agreement.</P>
                <P>
                    The Exchange or FINRA, on behalf of the Exchange, or both, will communicate as needed regarding trading in the Shares or any other XRP derivative with other markets and other entities that are members of the ISG, and the Exchange, or FINRA, on behalf of the Exchange, or both, may obtain trading information regarding trading in the Shares or any other XRP derivative from such markets and other entities.
                    <SU>25</SU>
                    <FTREF/>
                     The Exchange may obtain information regarding trading in the Shares or any other XRP derivative via ISG, from other exchanges who are members or affiliates of the ISG, or with which the Exchange has entered into a comprehensive surveillance sharing agreement.
                </P>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         For a list of the current members and affiliate members of ISG, 
                        <E T="03">see www.isgportal.com.</E>
                    </P>
                </FTNT>
                <P>In addition, the Exchange also has a general policy prohibiting the distribution of material, non-public information by its employees.</P>
                <P>
                    The Sponsor has represented to the Exchange that it will advise the Exchange of any failure by the Fund or the Shares to comply with the continued listing requirements, and, pursuant to its obligations under Section 19(g)(1) of the Exchange Act, the Exchange will surveil for compliance with the continued listing requirements. If the Fund or the Shares are not in compliance with the applicable listing requirements, the Exchange will commence delisting procedures under Exchange Rule 14.12.
                    <PRTPAGE P="12888"/>
                </P>
                <HD SOURCE="HD3">Information Circular</HD>
                <P>
                    Prior to the commencement of trading, the Exchange will inform its members in an Information Circular of the special characteristics and risks associated with trading the Shares. Specifically, the Information Circular will discuss the following: (i) the procedures for the creation and redemption of Creation Baskets (and that the Shares are not individually redeemable); (ii) BZX Rule 3.7, which imposes suitability obligations on Exchange members with respect to recommending transactions in the Shares to customers; (iii) how information regarding the IIV and the Fund's NAV are disseminated; (iv) the risks involved in trading the Shares outside of Regular Trading Hours 
                    <SU>26</SU>
                    <FTREF/>
                     when an updated IIV will not be calculated or publicly disseminated; (v) the requirement that members deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and (vi) trading information. The Information Circular will also reference the fact that there is no regulated source of last sale information regarding XRP, and that the Commission has no jurisdiction over the trading of XRP as a commodity.
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         Regular Trading Hours is the time between 9:30 a.m. and 4:00 p.m. Eastern Time.
                    </P>
                </FTNT>
                <P>In addition, the Information Circular will advise members, prior to the commencement of trading, of the prospectus delivery requirements applicable to the Shares. Members purchasing the Shares for resale to investors will deliver a prospectus to such investors. The Information Circular will also discuss any exemptive, no-action and interpretive relief granted by the Commission from any rules under the Act.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that the proposal is consistent with Section 6(b) of the Act 
                    <SU>27</SU>
                    <FTREF/>
                     in general and Section 6(b)(5) of the Act 
                    <SU>28</SU>
                    <FTREF/>
                     in particular in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         15 U.S.C. 78f.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>
                    The Commission has approved numerous series of Trust Issued Receipts,
                    <SU>29</SU>
                    <FTREF/>
                     including Commodity-Based Trust Shares,
                    <SU>30</SU>
                    <FTREF/>
                     to be listed on U.S. national securities exchanges. In order for any proposed rule change from an exchange to be approved, the Commission must determine that, among other things, the proposal is consistent with the requirements of Section 6(b)(5) of the Act, specifically including: (i) the requirement that a national securities exchange's rules are designed to prevent fraudulent and manipulative acts and practices; 
                    <SU>31</SU>
                    <FTREF/>
                     and (ii) the requirement that an exchange proposal be designed, in general, to protect investors and the public interest. The Exchange believes that this proposal is consistent with the requirements of Section 6(b)(5) of the Act and that this filing sufficiently demonstrates that potential policy concerns under the Act are sufficiently mitigated to the point that they are outweighed by quantifiable investor protection issues that would be resolved by approving this proposal.
                </P>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         
                        <E T="03">See</E>
                         Exchange Rule 14.11(f).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         Commodity-Based Trust Shares, as described in Exchange Rule 14.11(e)(4), are a type of Trust Issued Receipt.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         Much like bitcoin and ether, the Exchange believes that XRP is resistant to price manipulation and that “other means to prevent fraudulent and manipulative acts and practices” exist to justify dispensing with the requisite surveillance sharing agreement. The geographically diverse and continuous nature of XRP trading render it difficult and prohibitively costly to manipulate the price of XRP. The fragmentation across platforms and the capital necessary to maintain a significant presence on each trading platform make manipulation of XRP prices through continuous trading activity challenging. To the extent that there are trading platforms engaged in or allowing wash trading or other activity intended to manipulate the price of XRP on other markets, such pricing does not normally impact prices on other trading platforms because participants will generally ignore markets with quotes that they deem non-executable. Moreover, the linkage between XRP markets and the presence of arbitrageurs in those markets means that the manipulation of the price of XRP on any single venue would require manipulation of the global XRP price in order to be effective. Arbitrageurs must have funds distributed across multiple trading platforms in order to take advantage of temporary price dislocations, thereby making it unlikely that there will be strong concentration of funds on any particular trading platforms or OTC platform. Further, the speed and relatively inexpensive nature of transactions on the XRP Ledger allow arbitrageurs to quickly move capital between trading platforms where price dislocations may occur. As a result, the potential for manipulation on a trading platform would require overcoming the liquidity supply of such arbitrageurs who are effectively eliminating any cross-market pricing differences.
                    </P>
                </FTNT>
                <P>
                    More recently, the Commission has applied the Winklevoss Test while also recognizing that the “regulated market of significant size” standard is not the only means for satisfying Section 6(b)(5) of the Act. In the specifically providing that a listing exchange could demonstrate that “other means to prevent fraudulent and manipulative acts and practices” are sufficient to justify dispensing with the requisite surveillance-sharing agreement.
                    <SU>32</SU>
                    <FTREF/>
                     While there is currently no futures market for XRP, in the Spot Bitcoin ETF Approval Order and Spot ETH ETF Approval Order the Commission determined that the CME bitcoin futures market and CME ether futures market, respectively, were not of “significant size” related to the spot market. Instead, the Commission found that sufficient “other means” of preventing fraud and manipulation had been demonstrated that justified dispensing with a surveillance-sharing agreement with a regulated market of significant size. The Exchange and Sponsor believe that this proposal provides for other means of preventing fraud and manipulation justify dispensing with a surveillance-sharing agreement with a regulated market of significant size.
                </P>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         
                        <E T="03">See</E>
                         Winklevoss Order at 37580. The Commission has also specifically noted that it “is not applying a `cannot be manipulated' standard; instead, the Commission is examining whether the proposal meets the requirements of the Exchange Act and, pursuant to its Rules of Practice, places the burden on the listing exchange to demonstrate the validity of its contentions and to establish that the requirements of the Exchange Act have been met.” 
                        <E T="03">Id.</E>
                         at 37582.
                    </P>
                </FTNT>
                <P>The Exchange believes that the proposal is designed to protect investors and the public interest. Over the past several years, U.S. investor exposure to XRP, through OTC XRP Funds and digital asset trading platforms, has grown into billions of dollars with a fully diluted market cap of greater than $300 billion. The Exchange believes that approving this proposal (and comparable proposals) provides the Commission with the opportunity to allow U.S. investors with access to XRP in a regulated and transparent exchange-traded vehicle that would act to limit risk to U.S. investors by: (i) reducing premium and discount volatility; (ii) reducing management fees through meaningful competition; and (iii) providing an alternative to custodying spot XRP.</P>
                <P>
                    The policy concerns that the Exchange Act is designed to address are also otherwise mitigated by the fact that the size of the market for the underlying reference asset (approximately $300+ billion fully diluted value) and the nature of the XRP ecosystem reduces its susceptibility to manipulation. The geographically diverse and continuous nature of XRP trading makes it difficult and prohibitively costly to manipulate the price of XRP and, in many instances, the XRP market can be less susceptible to manipulation than the equity, fixed income, and commodity futures 
                    <PRTPAGE P="12889"/>
                    markets. There are a number of reasons this is the case, including that there is not inside information about revenue, earnings, corporate activities, or sources of supply; manipulation of the price on any single venue would require manipulation of the global XRP price in order to be effective; a substantial over-the-counter market provides liquidity and shock-absorbing capacity; XRP's 24/7/365 nature provides constant arbitrage opportunities across all trading venues; and it is unlikely that any one actor could obtain a dominant market share.
                </P>
                <P>Further, XRP is arguably less susceptible to manipulation than other commodities that underlie ETPs; there may be inside information relating to the supply of the physical commodity such as the discovery of new sources of supply or significant disruptions at mining facilities that supply the commodity that simply are inapplicable as it relates to certain cryptoassets, including XRP. Further, the Exchange believes that the fragmentation across XRP trading platforms and increased adoption of XRP, as displayed through increased user engagement and trading volumes, and the XRP Ledger make manipulation of XRP prices through continuous trading activity more difficult. Moreover, the linkage between the XRP markets and the presence of arbitrageurs in those markets means that the manipulation of the price of XRP price on any single venue would require manipulation of the global XRP price in order to be effective. Arbitrageurs must have funds distributed across multiple XRP trading platforms in order to take advantage of temporary price dislocations, thereby making it unlikely that there will be strong concentration of funds on any particular XRP trading platform. As a result, the potential for manipulation on a particular XRP trading platform would require overcoming the liquidity supply of such arbitrageurs who are effectively eliminating any cross-market pricing differences. For all of these reasons, XRP is not particularly susceptible to manipulation, especially as compared to other approved ETP reference assets.</P>
                <HD SOURCE="HD3">Commodity-Based Trust Shares</HD>
                <P>The Exchange believes that the proposed rule change is designed to prevent fraudulent and manipulative acts and practices in that the Shares will be listed on the Exchange pursuant to the initial and continued listing criteria in Exchange Rule 14.11(e)(4). The Exchange believes that its surveillance procedures are adequate to properly monitor the trading of the Shares on the Exchange during all trading sessions and to deter and detect violations of Exchange rules and the applicable federal securities laws. Trading of the Shares through the Exchange will be subject to the Exchange's surveillance procedures for derivative products, including Commodity-Based Trust Shares. The Sponsor has represented to the Exchange that it will advise the Exchange of any failure by the Fund or the Shares to comply with the continued listing requirements, and, pursuant to its obligations under Section 19(g)(1) of the Exchange Act, the Exchange will surveil for compliance with the continued listing requirements. If the Fund or the Shares are not in compliance with the applicable listing requirements, the Exchange will commence delisting procedures under Exchange Rule 14.12. The Exchange may obtain information regarding trading in the Shares and listed XRP derivatives via the ISG, from other exchanges who are members or affiliates of the ISG, or with which the Exchange has entered into a comprehensive surveillance sharing agreement.</P>
                <HD SOURCE="HD3">Availability of Information</HD>
                <P>In addition to the price transparency of the Index, the Fund will provide information regarding the Fund's XRP holdings as well as additional data regarding the Fund.</P>
                <P>
                    The website for the Fund, which will be publicly accessible at no charge, will contain the following information: (a) the current NAV per Share daily and the prior business day's NAV per Share and the reported BZX Official Closing Price; 
                    <SU>33</SU>
                    <FTREF/>
                     (b) the BZX Official Closing Price in relation to the NAV per Share as of the time the NAV is calculated and a calculation of the premium or discount of such price against such NAV per Share; (c) data in chart form displaying the frequency distribution of discounts and premiums of the BZX Official Closing Price against the NAV per Share, within appropriate ranges for each of the four previous calendar quarters (or for the life of the Fund, if shorter); (d) the prospectus; and (e) other applicable quantitative information. The aforementioned information will be published as of the close of business and be available on the Fund's website at 
                    <E T="03">https://www.franklintempleton.com/investments/options/exchange-traded-funds,</E>
                     or any successor thereto. The NAV for the Fund will be calculated by the Administrator once a day and will be disseminated daily to all market participants at the same time. Quotation and last-sale information regarding the Shares will be disseminated through the facilities of the CTA. The Fund will also disseminate its holdings on a daily basis on its website.
                </P>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         As defined in Rule 11.23(a)(3), the term “BZX Official Closing Price” shall mean the price disseminated to the consolidated tape as the market center closing trade.
                    </P>
                </FTNT>
                <P>The IIV will be calculated by using the prior day's closing NAV per Share as a base and updating that value during Regular Trading Hours to reflect changes in the value of the Fund's XRP holdings during the trading day, which is based on the CME CF XRP-Dollar Real Time Index. The IIV disseminated during Regular Trading Hours should not be viewed as an actual real-time update of the NAV, which will be calculated only once at the end of each trading day. The IIV will be widely disseminated on a per Share basis every 15 seconds during the Exchange's Regular Trading Hours through the facilities of the CTA and CQS high speed lines. In addition, the IIV will be available through on-line information services such as Bloomberg and Reuters.</P>
                <P>The price of XRP will be made available by one or more major market data vendors, updated at least every 15 seconds during Regular Trading Hours.</P>
                <P>
                    As noted above, the Index is calculated daily and aggregates the notional value of XRP trading activity across major spot XRP trading platforms. Index data, the Index value, and the description of the Index are based on information made publicly available by the Index Provider on its website at 
                    <E T="03">https://www.cfbenchmarks.com.</E>
                </P>
                <P>Quotation and last sale information for XRP is widely disseminated through a variety of major market data vendors, including Bloomberg and Reuters. Information relating to trading, including price and volume information, in XRP is available from major market data vendors and from the trading platforms on which XRP are traded. Depth of book information is also available from XRP trading platforms. The normal trading hours for XRP trading platforms are 24 hours per day, 365 days per year.</P>
                <P>
                    Information regarding market price and trading volume of the Shares will be continually available on a real-time basis throughout the day on brokers' computer screens and other electronic services. Information regarding the previous day's BZX Official Closing Price and trading volume information for the Shares will be published daily in the financial section of newspapers. Quotation and last-sale information regarding the Shares will be disseminated through the facilities of the CTA.
                    <PRTPAGE P="12890"/>
                </P>
                <P>In sum, the Exchange believes that this proposal is consistent with the requirements of Section 6(b)(5) of the Act, that on the whole the manipulation concerns previously articulated by the Commission are sufficiently mitigated to the point that they are outweighed by investor protection issues that would be resolved by approving this proposal.</P>
                <P>The Exchange believes that the proposal is, in particular, designed to protect investors and the public interest. The investor protection issues for U.S. investors has grown significantly over the last several years, through premium/discount volatility and management fees for OTC XRP Funds. As discussed throughout, this growth investor protection concerns need to be re-evaluated and rebalanced with the prevention of fraudulent and manipulative acts and practices concerns that previous disapproval orders have relied upon.</P>
                <P>For the above reasons, the Exchange believes that the proposed rule change is consistent with the requirements of Section 6(b)(5) of the Act.</P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purpose of the Act. The Exchange notes that the proposed rule change, rather will facilitate the listing and trading of an additional exchange-traded product that will enhance competition among both market participants and listing venues, to the benefit of investors and the marketplace.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Within 45 days of the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                     or within such longer period up to 90 days (i) as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the Exchange consents, the Commission will:
                </P>
                <P>A. by order approve or disapprove such proposed rule change, or</P>
                <P>B. institute proceedings to determine whether the proposed rule change should be disapproved.</P>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-CboeBZX-2025-040 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-CboeBZX-2025-040. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-CboeBZX-2025-040 and should be submitted on or before April 9, 2025.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>34</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>34</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04509 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102663; File No. SR-IEX-2025-02]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations: Investors Exchange LLC; Notice of Filing of Amendment No. 1 to a Proposed Rule Change To Adopt Rules To Govern the Trading of Options on the Exchange for a New Facility Called IEX Options</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    On January 10, 2025, the Investors Exchange LLC (“IEX” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     a proposed rule change to adopt rules to govern the trading of options on IEX Options LLC, a facility of the Exchange that will be established in a separate rule filing. The proposed rule change was published for comment in the 
                    <E T="04">Federal Register</E>
                     on January 21, 2025.
                    <SU>3</SU>
                    <FTREF/>
                     On March 6, 2025, the Commission designated a longer period within which to take action on the proposed rule change.
                    <SU>4</SU>
                    <FTREF/>
                     On March 12, 2025, the Exchange filed Amendment No. 1 to the proposed rule change.
                    <SU>5</SU>
                    <FTREF/>
                     The Commission has received comments on the proposed rule change.
                    <SU>6</SU>
                    <FTREF/>
                     The Commission is publishing this notice to solicit comments on the proposed rule change, as amended by Amendment No. 1, from interested persons. Items I and II below have been prepared by the Exchange.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102190 (Jan. 14, 2025), 90 FR 7205.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102536, 90 FR 11866 (Mar. 12, 2025). The Commission designated April 21, 2025 as the date by which it should either approve, disapprove, or institute proceedings to determine whether to disapprove the proposed rule change. 
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Amendment No. 1 is publicly available on the Commission's website at: sriex202502-580115-1667463.pdf. 
                        <E T="03">See infra,</E>
                         notes 9—12 and accompanying text for a further explanation of the proposed revisions to the proposed rule change set forth in Amendment No. 1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         Comments on the proposed rule change are available at 
                        <E T="03">https://www.sec.gov/comments/sr-iex-2025-02/sriex202502.htm.</E>
                    </P>
                </FTNT>
                <PRTPAGE P="12891"/>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>
                    On January 10, 2025, IEX, pursuant to the provisions of Section 19(b)(1) under the Act and Rule 19b-4 thereunder, filed with the Commission proposed rule change SR-IEX-2025-02 (the “Initial Proposal”).
                    <SU>7</SU>
                    <FTREF/>
                     As described in the Initial Proposal, IEX is proposing to adopt rules to govern the trading of options on IEX Options LLC, a facility of the Exchange that will be established in a separate rule filing (referred to herein as “IEX Options”). The Exchange is filing this proposal (“Amendment No. 1”) to amend the Initial Proposal as described herein. Amendment No. 1 replaces and supersedes the Initial Proposal in its entirety.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102190 (January 14, 2025), 90 FR 7205 (January 21, 2025) (“Initial Filing”), available at 
                        <E T="03">https://www.iexexchange.io/resources/regulation/rule-filings.</E>
                    </P>
                </FTNT>
                <P>As proposed, the Exchange will operate IEX Options as a fully automated trading system built on the core functionality of the Exchange's approved equities platform, and in a manner similar to that of other options exchanges. In addition, IEX Options will utilize a de minimis delay on incoming order and quote messages designed to enable IEX to update its view of the market prior to processing orders and quotes, and an optional Market Maker quote parameter designed to protect Market Makers from excessive risk due to execution of stale quotes, in addition to other risk protections substantially similar to those offered by other options exchanges.</P>
                <P>
                    The text of the proposed rule change is available at the Exchange's website at 
                    <E T="03">https://www.iexexchange.io/resources/regulation/rule-filings,</E>
                     at the principal office of the Exchange, and at the Commission's Public Reference Room.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <HD SOURCE="HD3">Overview</HD>
                <P>
                    The Commission published the proposed rule change for comment in the 
                    <E T="04">Federal Register</E>
                     on January 21, 2025,
                    <SU>8</SU>
                    <FTREF/>
                     and on March 6, 2025, extended the review period to April 21, 2025.
                    <SU>9</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102536 (March 6, 2025), 90 FR 11866 (March 12, 2025).
                    </P>
                </FTNT>
                <P>
                    The Exchange is filing this Amendment No. 1 to the Initial Proposal in order to provide increased clarity and modify certain aspects of the Initial Filing. First, IEX proposes that the duration of the latency mechanism (
                    <E T="03">i.e.,</E>
                     the de minimis delay on incoming order and quote messages) set forth in proposed Rule 22.100(n) would be a fixed duration of 350 microseconds rather than being configurable by the Exchange. Second, as described herein, IEX proposes changes to more narrowly tailor the application of the proposed Options Risk Parameter (“ORP”),
                    <SU>10</SU>
                    <FTREF/>
                     the optional Market Maker quote parameter designed to protect Market Makers from excessive risk due to execution of stale quotes. Specifically, IEX proposes to amend language pertaining to the ORP to refine and clarify its function, as follows: (i) revise proposed Rule 23.150(h)(1) to provide that the Exchange will determine on a class-by-class basis whether to apply the ORP, which determination will be communicated by Trading Alert; (ii) revise proposed Rule 23.150(h)(1)(C) to specify that if a quote instability determination is generated for an options series being quoted by a Market Maker and the quote is above (below) the price level of the quote instability determination, the quote will be cancelled or repriced to the price level of the quote instability determination, as selected by the Market Maker; (iii) revise the Indicator formula specified in Supplementary Material .04 to proposed Rule 23.150 (“quote instability calculation”) to provide that the formula will assess price changes in the underlying security in the context of the value of the options series (rather than the value of the underlying) when determining whether to issue a quote instability determination; and (iv) provide that the Exchange would introduce a new variable to the quote instability determination formula, a delta 
                    <SU>11</SU>
                    <FTREF/>
                     bound band, that would prevent quote instability determinations for those options series with deltas outside of the band, in order to more narrowly tailor application of the ORP to those options series that present the greatest risk of adverse selection to Market Makers.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 23.150(h)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         Delta is a measure of how sensitive an options series price is to changes in the price of the underlying security.
                    </P>
                </FTNT>
                <P>
                    In addition, as described herein, this Amendment 1 clarifies that the quote instability threshold range of 0-1, set forth in subsection (2)(e) of the quote instability calculation, reflects a scale from 0% to 100%, referencing the extent of the anticipated change in the quoted option price compared to the then-current price of the option. The quote instability threshold thus operates as a measure of whether the value of the quote instability determination price change is sufficiently meaningful enough to warrant generation of a quote instability determination. Additionally, the Exchange proposes several minor non-substantive stylistic edits and corrections to typographical errors in the Exhibit 5 to the Initial Proposal.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 23.120, Supplementary Material .01 (text corrected to be formatted in italics), proposed Rule 23.130(g)(2)(B) (was denoted as (A) incorrectly), proposed Rule 23.150(h) (intro language misspelled “cancellation”), proposed Rule 23.150(h)(1)(C) (misspelled “cancelled”). In addition, in proposed Supplementary Material .04 to Rule 23.150, IEX replaced brackets around several formula inputs with parentheses to avoid confusion with the use of brackets to indicate deleted text. Further, IEX confirmed the capitalization of the word “proposed” in several places.
                    </P>
                </FTNT>
                <P>
                    The Exchange proposes to adopt a series of rules in connection with IEX Options, which will be a facility of the Exchange.
                    <SU>13</SU>
                    <FTREF/>
                     As proposed, the Exchange will operate IEX Options as a fully automated trading system built on the core functionality of the Exchange's approved equities platform, and in a manner similar to that of other options exchanges.
                    <SU>14</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         IEX will file a separate proposed rule change with the Commission pursuant to Section 19 of the Act to provide that IEX Options will be operated by IEX Options LLC, a Delaware limited liability company wholly owned by the Exchange, as a facility of the Exchange as that term is defined in Section 3(a)(2) of the Act.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         The IEX Options proposed rules are largely based on the rules of other options exchanges, as described herein. When a particular proposed rule is described as “substantively identical” to a rule(s) of another exchanges that means that the substance of the proposed IEX Options rule is identical to the referenced rule of the other exchange, with differences only to reflect terminology and numbering. When a particular proposed rule is described as “substantially similar” to a rule(s) of another exchange this rule filing describes the relevant differences.
                    </P>
                </FTNT>
                <P>
                    As proposed, IEX Options will operate an electronic trading system to 
                    <PRTPAGE P="12892"/>
                    list and trade options issued by the Options Clearing Corporation (“Clearing Corporation” or “OCC”). Specifically, IEX proposes to operate a fully automated, pro-rata priority options market in a manner similar to that of other options exchanges. In addition, IEX Options will utilize a de minimis delay on incoming order and quote messages designed to enable IEX to update its view of the market prior to processing orders and quotes, and an optional Market Maker quote parameter designed to protect Market Makers from excessive risk due to execution of stale quotes, in addition to other risk protections substantially similar to those offered by other options exchanges.
                </P>
                <P>
                    The Exchange proposes to adopt rules applicable to IEX Options that are substantially similar to the approved rules of the MEMX, C1, MIAX, and NYSE Amex and Arca options exchanges, with the material proposed differences described herein.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         rulebooks of MEMX LLC (“MEMX”), Cboe Exchange, Inc. (“C1”), Miami International Securities Exchange, LLC (“MIAX”), NYSE Arca, Inc. (“NYSE Arca Options”), and NYSE American LLC (“NYSE Amex Options”). However, IEX is not proposing to trade index options at this time and therefore is not proposing rules for the listing and trading of index options.
                    </P>
                </FTNT>
                <P>
                    As provided in proposed Rule 17.110 (Applicability), existing Exchange Rules 
                    <SU>16</SU>
                    <FTREF/>
                     applicable to the IEX equities market contained in Chapters 1 through 16 of the Exchange Rules will apply to Options Members unless a specific Exchange Rule applicable to the IEX Options market (in proposed Chapters 17 through 29 of the Exchange Rules) governs or unless the context otherwise requires.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         IEX Rule 1.160(jj).
                    </P>
                </FTNT>
                <P>
                    The IEX Options Trading System 
                    <SU>17</SU>
                    <FTREF/>
                     will provide for the electronic display and execution of orders on a pro-rata basis. All Exchange Members will be eligible to participate in IEX Options by qualifying as Options Members 
                    <SU>18</SU>
                    <FTREF/>
                     and obtaining one or more trading permits for their activity on IEX Options, in accordance with applicable IEX Options rules. The IEX Options Trading System will provide an optional routing service for orders when trading interest is not present on IEX Options and will comply with all applicable securities laws and regulations and the obligations of the Options Order Protection and Locked/Crossed Market Plan.
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.100(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 17.100.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">IEX Options Members</HD>
                <P>
                    Pursuant to the proposed rules in Chapter 18 (Participation on IEX Options), the Exchange will authorize any Exchange Member that meets certain enumerated qualification requirements (any such Member, an “Options Member”) and any Options Member's Sponsored Participants to obtain access to, and transact business on, IEX Options.
                    <SU>19</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See</E>
                         proposed Rules 18.100, 18.110, 18.120, and 18.130.
                    </P>
                </FTNT>
                <P>
                    There will be three types of Options Members—Options Order Entry Firms (“OEFs”), Options Market Makers, and Options Clearing Members. Options Members may act in one, two, or all such capacities. OEFs will be those Options Members representing Customer Orders as agent on IEX Options or trading as principal on IEX Options. Options Market Makers, in turn, will be eligible to participate as Registered Market Makers or Specialists, as set forth in Rule 23.100. Additionally, all Options Market Makers may participate as Directed Marker Makers.
                    <SU>20</SU>
                    <FTREF/>
                     Clearing Members will be those Options Members that have been admitted to membership in the Clearing Corporation pursuant to the provisions of the Rules of the Clearing Corporation and are self-clearing or that clear IEX Options Transactions for other Options Members.
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         Directed Market Makers are subject to enhanced quoting obligations (as compared to Registered Market Markers) as set forth in proposed Rule 23.150(e)(3), which is substantively identical to NYSE Amex Options Rule 964.1NYP.
                    </P>
                </FTNT>
                <P>
                    IEX proposes to issue different types of Trading Permits to Options Members that allow the Trading Permit Holders to: (i) trade one or more products authorized for trading on the Exchange; (ii) act in one or more trading functions authorized by the Rules of IEX Options; and/or (iii) act as a Clearing Member.
                    <SU>21</SU>
                    <FTREF/>
                     Trading Permits shall be for the types and terms as shall be determined by the Exchange from time to time, and subject to effectiveness of one or more rule filings pursuant to Section 19(b) of the Act. The proposed rule governing IEX's Trading Permits, 18.140, is based on C1 Rule 3.1.
                    <SU>22</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 18.140.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         On C1, part of the process of applying to be a Trading Permit Holder is for a broker-dealer to qualify as a participant or member of the exchange. IEX's proposed rule therefore differs from C1 Rule 3.1 because it does not include the membership qualification-related provisions that are addressed elsewhere in IEX's proposed Chapter 18. In particular, IEX is not proposing to incorporate C1 Rule 3.1(a)(3)'s language regarding jurisdiction over Trading Permit Holders because it is covered by Rule 2.120 (requiring all IEX Members to consent to the Exchange's jurisdiction) and proposed Rule 18.140(e) (applying the Exchange's jurisdictional authority to all Options Members). In addition, C1's rule includes limitations on the number of trading permits the exchange may issue. IEX is not proposing such limitations.
                    </P>
                </FTNT>
                <P>
                    The rules governing Registered Market Makers and Specialists are substantially based on MIAX and C1 rules.
                    <SU>23</SU>
                    <FTREF/>
                     To become an Options Market Maker, an Options Member will be required to register by filing a written application and obtain any required trading permits.
                    <SU>24</SU>
                    <FTREF/>
                     The Exchange will not place any limit on the number of entities that may become Options Market Makers, the number of appointments an Options Market Maker may have, or the number of Options Market Makers that may have appointments in a class unless the Exchange determines to impose any such limit based on system constraints, capacity restrictions, or other factors relevant to protecting the integrity of the Trading System. The Exchange will not impose any such limitations until it has submitted objective standards for imposing the limits to the Commission for its review and approval.
                    <SU>25</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         
                        <E T="03">See</E>
                         MIAX Rules 600-609 (regarding market maker qualifications and obligations) and MIAX Rules 514(d), (e), and (g) (regarding market maker quoting and priority). The primary differences between these MIAX rules and IEX's proposed Market Maker rules are: (1) MIAX has three tiers of market makers, while IEX proposes to have two tiers; (2) MIAX puts Market Makers at a priority level above other non-Priority Customer interest, while IEX will not (IEX's proposed rules are substantively identical to the priority rules in C1 Rule 5.32 as it pertains to C1's Preferred Market Makers); (3) IEX proposes to allocate participation entitlements for Specialists with a priority quote based on the amount of non-Priority customer interest (which is how C1 Rule 5.32(a)(2)(B) allocates priority overlays), while MIAX only looks at the amount of other market marker interest; and (4) MIAX offers a Market Turner priority overlay which IEX is not proposing to adopt.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         
                        <E T="03">See</E>
                         proposed Rules 23.100 and 18.140.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         This provision is substantively identical to MEMX Rule 22.2(c) and MIAX Rule 600(d).
                    </P>
                </FTNT>
                <P>
                    As proposed, the Exchange shall appoint Registered Market Makers to one or more classes of options contracts traded on the Exchange. In making such appointments the Exchange shall consider the financial resources available to the Registered Market Maker, the Registered Market Maker's experience and expertise in market making or options trading, the preferences of the Registered Market Maker to receive appointments in specific options classes, and the maintenance and enhancement of competition among Registered Market Makers in each class of options contracts to which they are appointed.
                    <SU>26</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 23.120(a)(1).
                    </P>
                </FTNT>
                <P>
                    While there may be several Registered Market Makers appointed to a particular class of options contracts, the Exchange may appoint only one Specialist to each options class traded on the Exchange.
                    <FTREF/>
                    <SU>27</SU>
                      
                    <PRTPAGE P="12893"/>
                    To be appointed as a Specialist, an Options Member must first satisfy the criteria for appointment as a Registered Market Maker set forth in Rule 23.120(a)(1) and then must participate in the Specialist Qualification Process conducted by the Exchange and detailed in proposed Rule 23.130(b).
                    <SU>28</SU>
                    <FTREF/>
                     Factors to be considered for selection as a Specialist include, but are not limited to, representations regarding capital operations, personnel or technical resources.
                    <SU>29</SU>
                    <FTREF/>
                     After designating certain Market Makers as Specialists, the Exchange will conduct a process to determine which options classes to allocate to which Specialist, based upon which candidate appears best able to perform the functions of a Specialist in the designated options classes. Factors to be considered in the allocation of options classes to Specialists by the Exchange include, but are not limited to the following: experience with trading the options issue; adequacy of capital; willingness to promote the Exchange as a marketplace; operational capacity; support personnel; history of adherence to Exchange rules and securities laws; and evaluations made pursuant to Rule 23.130(f).
                    <SU>30</SU>
                    <FTREF/>
                     The Exchange will also consider the number and quality of issues that have been allocated, reallocated or transferred to a Specialist and the Specialist's willingness to promote the Exchange as a marketplace.
                    <SU>31</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 23.130(g)(1)(A), which is substantively identical to NYSE Amex Options Rule 923NY(b). The language providing that the Exchange “may” appoint only one Specialist to 
                        <PRTPAGE/>
                        each options class is based upon and substantively identical to NYSE Amex Options Rule 923NY(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         IEX based the proposed Specialist rule (23.130) on NYSE Amex Options Rules 927NY, 927.1NY, and 927.2NY because these rules provide clear instructions to prospective Specialist candidates about the manner in which the Exchange selects and evaluates Specialists, and detailed rules about Specialist rights and obligations.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 23.130(b)(1). This rule is substantively identical to NYSE Amex Options Rule 927NY, with the exception that IEX is not proposing to obligate Specialists to make FLEX quotes, because those are not offered by the Exchange.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 23.130(g). This rule is substantively identical to NYSE Amex Options Rule 927.2NY
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    The Exchange will also evaluate the performance of Specialists, and upon a finding that a Specialist failed to meet minimum performance standards, may take adverse action against the Specialist; Specialists shall have the right to appeal any adverse actions against them pursuant to IEX Rule Series 9.500, which governs adverse actions.
                    <SU>32</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 23.130(b)(2), and (f). These rules are substantively identical to NYSE Amex Options Rules 927NY(b)(2) and 927.1NY, respectively.
                    </P>
                </FTNT>
                <P>
                    Quotations may only be entered by a Market Maker and only in classes of options contracts to which the Market Maker is appointed.
                    <SU>33</SU>
                    <FTREF/>
                     Market Makers may also submit orders in classes of options contracts to which the Market Maker is appointed, which shall constitute a quote, and thus would help to satisfy the Market Maker's quoting obligation.
                    <SU>34</SU>
                    <FTREF/>
                     In addition, an Options Market Maker with an OEF trading permit may submit orders in classes of options in which the Market Maker has no appointment, provided that the total number of such orders executed by the Market Maker do not exceed 25% of all contracts the Market Maker executes on the Exchange in any calendar quarter.
                    <SU>35</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 23.150(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 17.100 (defining “Quote” to include orders entered by a Market Maker in the option series to which such Market Maker is registered).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 23.150(g).
                    </P>
                </FTNT>
                <P>
                    Options Market Makers will be required to electronically engage in a course of dealing reasonably calculated to contribute to the maintenance of fair and orderly markets.
                    <SU>36</SU>
                    <FTREF/>
                     IEX does not propose to incorporate MIAX's requirement that Market Makers refrain from purchasing an option at a price more than $0.25 below parity,
                    <SU>37</SU>
                    <FTREF/>
                     because IEX does not believe the restriction is necessary to the maintenance of fair and orderly markets requirement, and notes that other exchanges do not include this restriction.
                    <SU>38</SU>
                    <FTREF/>
                     Market Makers will be required to maintain a two-sided market on a continuous basis 
                    <SU>39</SU>
                    <FTREF/>
                     in at least 60% of the non-adjusted options series to which they are appointed as Registered Market Makers and at least 90% of the non-adjusted options series to which they are appointed as Specialists, provided the options classes have a time to expiration of less than nine months.
                    <SU>40</SU>
                    <FTREF/>
                     And, as noted above, Directed Market Makers are subject to enhanced quoting obligations compared to Registered Market Makers.
                    <SU>41</SU>
                    <FTREF/>
                     Market Makers and Specialists may use quotes and orders to meet the applicable quoting requirements. These obligations will not apply to an intra-day add-on series on the day during which such series was added for trading. Market Maker quotes must be firm quotes that comply with enumerated price and size rules.
                    <SU>42</SU>
                    <FTREF/>
                     These obligations also will not apply when an Options series is halted because the underlying security has entered a Limit or Straddle state.
                    <SU>43</SU>
                    <FTREF/>
                     Registered Market Makers and Specialists also must maintain minimum net capital in accordance with Commission and Exchange rules.
                    <SU>44</SU>
                    <FTREF/>
                     Substantial or continued failure by an Options Market Maker to meet any of its obligations and duties will subject the Options Market Maker to disciplinary action, suspension, or revocation of the Market Maker's registration as such or its appointment in one or more of its appointed options classes.
                    <SU>45</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 23.140(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>37</SU>
                         
                        <E T="03">See</E>
                         MIAX rule 603(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>38</SU>
                         
                        <E T="03">See, e.g.,</E>
                         NYSE Arca Options Rule 6.37-O.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>39</SU>
                         “Continuous quoting” is defined as 90% of the time. 
                        <E T="03">See</E>
                         proposed Rule 23.150(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>40</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 23.150(e)(2) and (e)(1). Proposed Rule 23.150(e)(1) is based upon and substantively identical to NYSE Amex Options Rule 925.1NYP(b) and proposed Rule 23.150(e)(2) is based upon and substantively identical to NYSE Amex Options Rule 925.1NYP(c).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>41</SU>
                         
                        <E T="03">See supra</E>
                         note 20.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>42</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 23.150(b) and (d).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>43</SU>
                         
                        <E T="03">See</E>
                         Supplementary Material .01 to proposed Rule 23.150(h), which is substantively identical to MIAX Rule 530(f)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>44</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 23.180 ($200,000 net capital requirement for Registered Market Makers), which is substantively identical to MEMX Rule 22.9 and proposed Rule 23.130(c)(1)(H) ($1,000,000 net capital requirement for Specialists), which is substantively identical to Amex Options Rule 927NY(c)(10).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>45</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 23.120(f). NYSE Amex Options Rule 927.1NY(1)(B) specifies that NYSE Amex Options provides its specialists information related to their market share in allocated issues on a monthly basis as part of the evaluation process. IEX is not proposing to include this provision because it understands that Specialist firms are well-equipped to monitor their market share and performance on IEX and other markets.
                    </P>
                </FTNT>
                <P>As on other exchanges, Options Market Makers receive certain benefits for carrying out their duties. For example, a lender may extend credit to a broker-dealer without regard to the restrictions in Regulation T of the Board of Governors of the Federal Reserve System if the credit is to be used to finance the broker-dealer's activities as a specialist or market maker on a national securities exchange. Thus, an Options Market Maker has a corresponding obligation to hold itself out as willing to buy and sell options for its own account on a regular or continuous basis to justify this favorable treatment.</P>
                <P>
                    Every Options Member shall at all times maintain membership in another registered options exchange that is not registered solely under Section 6(g) of the Exchange Act or in FINRA.
                    <SU>46</SU>
                    <FTREF/>
                     OEFs and other Options Members that transact business with Public Customers must at all times be members of FINRA. Pursuant to proposed Rule 18.110(h), every Options Member will be required to have at least one registered Options Principal who satisfies the criteria of that rule, including the satisfaction of a proper qualification examination. An OEF may only transact business with Public Customers if such Options Member also is an Options Member of another registered national securities 
                    <PRTPAGE P="12894"/>
                    exchange or association with which the Exchange has entered into an agreement under Rule 17d-2 under the Exchange Act 
                    <SU>47</SU>
                    <FTREF/>
                     pursuant to which such other exchange or association shall be the designated options examining authority for the OEF.
                    <SU>48</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>46</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 18.110(g).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>47</SU>
                         17 CFR 240.17d-2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>48</SU>
                         
                        <E T="03">See</E>
                         Rule 27.100.
                    </P>
                </FTNT>
                <P>
                    The proposed rules relating to qualification and participation on IEX Options as an Options Member (including as an OEF, Options Market Maker, or Clearing Member) are substantively identical to the relevant rules of MEMX Options.
                    <SU>49</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>49</SU>
                         
                        <E T="03">See</E>
                         MEMX Rulebook Chapters 17 and 22.
                    </P>
                </FTNT>
                <P>
                    As provided in proposed Rule 17.110, existing Exchange Rules applicable to the IEX equities market contained in Chapters 1 through 16 of the Exchange Rules will apply to Options Members unless a specific Exchange Rule applicable to the IEX Options market (proposed Chapters 17 through 29 of the Exchange Rules) governs or unless the context otherwise requires. Options Members can therefore provide sponsored access to the IEX Options Exchange to a non-Member (
                    <E T="03">i.e.,</E>
                     a Sponsored Participant) pursuant to Rule 11.130 of the Exchange Rules.
                </P>
                <HD SOURCE="HD3">Definitions</HD>
                <P>The Exchange proposes to define a series of terms under proposed Rule 17.100 (Definitions), which are to be used in proposed Chapters 17 to 29 relating to the trading of options contracts on the Exchange. Unless otherwise indicated, all of the terms defined in proposed Rule 17.100 are either identical or substantially similar to definitions included in MEMX Rule 16.1. Any modifications to the MEMX definitions, or definitions based upon the rules of other exchanges are specifically indicated below.</P>
                <P>The definitions under proposed Rule 17.100 are as follows:</P>
                <P>
                    • ABBO. The term “ABBO” or “Away Best Bid or Offer” means the best bid(s) or offer(s) disseminated by other Eligible Exchanges (as defined in Rule 28.100) and calculated by the Exchange based on market information the Exchange receives from OPRA.
                    <SU>50</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>50</SU>
                         IEX notes that this definition differs from the MEMX definition of ABBO by spelling out the phrase “Away Best Bid or Offer” that ABBO refers to for added clarity.
                    </P>
                </FTNT>
                <P>• Aggregate Exercise Price. The term “Aggregate Exercise Price” means the exercise price of an options contract multiplied by the number of units of the underlying security covered by the options contract.</P>
                <P>• American-Style Option. The term “American-Style” option means an options contract that, subject to the provisions of Rule 24.100 (relating to the cutoff time for exercise instructions) and to the Rules of the Clearing Corporation, may be exercised at any time from its commencement time until its expiration.</P>
                <P>• Associated Person and Person Associated with an Options Member. The terms “associated person” and “person associated with an Options Member” mean any partner, officer, director, or branch manager of an Options Member (or any person occupying a similar status or performing similar functions), any person directly or indirectly controlling, controlled by, or under common control with an Options Member or any employee of an Options Member, except that any person associated with an Options Member whose functions are solely clerical or ministerial shall not be included in the meaning of such term for purposes of these Rules.</P>
                <P>• Bid. The term “bid” means a Limit order to buy one or more options contracts.</P>
                <P>• Board. The term “Board” means the Board of Directors of Investors' Exchange LLC.</P>
                <P>• Call. The term “call” means an options contract under which the holder of the option has the right, in accordance with the terms of the option, to purchase from the Clearing Corporation the number of shares of the underlying security covered by the options contract.</P>
                <P>• Capacity. The term “capacity” means the capacity in which a User submits an order, which the User specifies by applying the corresponding code to the order. The capacity codes available on IEX Options will be listed in publicly available specifications and published in a Regulatory Circular.</P>
                <P>• Class of Options. The terms “class” or “class of options” mean all options contracts with the same unit of trading covering the same underlying security.</P>
                <P>• Clearing Corporation and OCC. The terms “Clearing Corporation” and “OCC” mean The Options Clearing Corporation.</P>
                <P>• Clearing Member. The term “Clearing Member” means an Options Member that is self-clearing or an Options Member that clears IEX Options Transactions for other Options Members.</P>
                <P>• Closing Purchase Transaction. The term “closing purchase transaction” means an IEX Options Transaction that reduces or eliminates a short position in an options contract.</P>
                <P>• Closing Writing Transaction. The term “closing writing transaction” means an IEX Options Transaction that reduces or eliminates a long position in an options contract.</P>
                <P>
                    • Control. The term “control” means the power to exercise a controlling influence over the management or policies of a person, unless such power is solely the result of an official position with such person. Any person who owns beneficially, directly or indirectly, more than 20% of the voting power in the election of directors of a corporation, or more than 25% of the voting power in the election of directors of any other corporation which directly or through one or more affiliates owns beneficially more than 25% of the voting power in the election of directors of such corporation, shall be presumed to control such corporation.
                    <SU>51</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>51</SU>
                         This definition is substantively identical to the definition in C1 Rule 1.1. IEX proposes to incorporate this definition, because the term is not specifically defined in the MEMX rulebook and IEX believes that term would provide helpful context to Options Members with respect to other rules that use the term, 
                        <E T="03">e.g.,</E>
                         proposed IEX Rule 19.200.
                    </P>
                </FTNT>
                <P>• Covered Short Position. The term “covered short position” means (i) an options position where the obligation of the writer of a call option is secured by a “specific deposit” or an “escrow deposit” meeting the conditions of Rules 610(f) or 610(g), respectively, of the Rules of the Clearing Corporation, or the writer holds in the same account as the short position, on a share-for-share basis, a long position either in the underlying security or in an options contract of the same class of options where the exercise price of the options contract in such long position is equal to or less than the exercise price of the options contract in such short position; and (ii) an options position where the writer of a put option holds in the same account as the short position, on a share-for-share basis, a long position in an options contract of the same class of options where the exercise price of the options contract in such long position is equal to or greater than the exercise price of the options contract in such short position.</P>
                <P>• Customer. The term “Customer” means a Public Customer or a broker-dealer.</P>
                <P>• Customer Order. The term “Customer order” means an agency order for the account of a Customer.</P>
                <P>
                    • Directed Order. The term “Directed Order” is an order entered into the Trading System by an Options Member with a designation for a Market Maker in that class (referred to as a “Directed Market Maker” or “DMM”). To qualify as a Directed Order, an order must be 
                    <PRTPAGE P="12895"/>
                    entered on behalf of a Priority Customer.
                    <SU>52</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>52</SU>
                         This definition is based upon the definition in MIAX Options Exchange (“MIAX”) Rule 100, with the distinction that IEX proposes to make any Market Maker eligible to receive a Directed Order, while MIAX only allows their Lead Market Makers (akin to IEX's proposed “Specialists”) and Primary Lead Market Makers eligible; this aspect of IEX's proposed rule change is based upon and substantially similar to C1 Rule 5.32. Additionally, IEX proposes to include language in the last sentence of this definition based on NYSE Amex Rule 900.3NYP(i)(4) to clarify that an order submitted on behalf of a non-Priority Customer would be treated as a non-Directed Order.
                    </P>
                </FTNT>
                <P>• Discretion. The term “discretion” means the authority of a broker or dealer to determine for a Customer the type of option, the class or series of options, the number of contracts, or whether options are to be bought or sold.</P>
                <P>• European-Style Option. The term “European-style option” means an options contract that, subject to the provisions of Rule 24.100 (relating to the cutoff time for exercise instructions) and to the Rules of the Clearing Corporation, can be exercised only on its expiration date.</P>
                <P>• Exchange Act. The term “Exchange Act” or “Act” means the Securities Exchange Act of 1934, as amended, or Rules thereunder.</P>
                <P>• Exercise Price. The term “exercise price” means the specified price per unit at which the underlying security may be purchased or sold upon the exercise of an options contract.</P>
                <P>• He, Him, and His. The terms “he,” “him” and “his” are deemed to refer to persons of female as well as male gender, and to include organizations, as well as individuals, when the context so requires.</P>
                <P>• IEX Exchange and Exchange. The terms “IEX Exchange” and “Exchange” mean Investors' Exchange LLC, a registered national securities exchange.</P>
                <P>• IEX Options. The term “IEX Options” means IEX Options LLC, a Delaware limited liability company wholly owned by the Exchange, which operates as an options trading facility of the Exchange under Section 3(a)(2) of the Exchange Act.</P>
                <P>
                    • IEX Options Book. The term “IEX Options Book” means the electronic book of options orders maintained by the Trading System.
                    <SU>53</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>53</SU>
                         This definition is substantively identical to the equivalent definition in the MEMX rulebook, except that it refers to IEX, not MEMX.
                    </P>
                </FTNT>
                <P>
                    • IEX Options Transaction. The term “IEX Options Transaction” means a transaction involving an options contract that is effected on or through IEX Options or its facilities or systems.
                    <SU>54</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>54</SU>
                         This definition is substantively identical to the equivalent definition in the MEMX rulebook, except that it refers to IEX, not MEMX.
                    </P>
                </FTNT>
                <P>• Individual Equity Option. The term “individual equity option” means an options contract which is an option on an equity security.</P>
                <P>• Long Position. The term “long position” means a person's interest as the holder of one or more options contracts.</P>
                <P>
                    • Market Makers (and Options Market Makers). The terms “Market Makers” or “Options Market Makers” refer collectively to Options Members registered, pursuant to Rule 23.100, as either a “Registered Market Maker” or a “Specialist”.
                    <SU>55</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>55</SU>
                         This definition is substantively identical to the definition in the MIAX rulebook, except that MIAX has three classes of Market Makers (Registered Market Makers, Lead Market Makers, and Primary Lead Market Makers) while IEX proposes to have two classes of Market Makers: Registered Market Makers (equivalent to MIAX Registered Market Maker) and Specialists (which is based on MIAX's Lead Market Maker and Primary Lead Market Maker rules). IEX proposes to incorporate this definition, because the Market Maker rules proposed herein are substantially based upon the rules of MIAX.
                    </P>
                </FTNT>
                <P>• MPID. The term “MPID” means unique market participant identifier assigned to an Options Member.</P>
                <P>• NBB, NBO, and NBBO. The term “NBB” means the national best bid, the term “NBO” means the national best offer, and the term “NBBO” means the national best bid or offer as calculated by IEX Options based on market information received by IEX Options from OPRA.</P>
                <P>• Offer. The term “offer” means a Limit order to sell one or more options contracts.</P>
                <P>• OPRA. The term “OPRA” means the Options Price Reporting Authority.</P>
                <P>• Opening Purchase Transaction. The term “opening purchase transaction” means a IEX Options Transaction that creates or increases a long position in an options contract.</P>
                <P>• Opening Writing Transaction. The term “opening writing transaction” means a IEX Options Transaction that creates or increases a short position in an options contract.</P>
                <P>• Options Contracts. The term “options contract” means a put or a call issued, or subject to issuance by the Clearing Corporation pursuant to the Rules of the Clearing Corporation.</P>
                <P>• Options Market Close and Market Close. The terms “options market close” and “market close” mean the time the Exchange specifies for the end of a trading session on the Exchange on that trading day.</P>
                <P>• Options Market Open and Market Open. The terms “options market open” and “market open” mean the time the Exchange specifies for the beginning of a trading session on the Exchange on that trading day.</P>
                <P>• Options Member. The term “Options Member” means a firm, or organization that is registered with the Exchange pursuant to Chapter 18 of these Rules for purposes of participating in options trading on IEX Options as an “Options Order Entry Firm”, “Options Market Maker”, or “Clearing Member.”</P>
                <P>• Options Member Agreement. The term “Options Member Agreement” means the agreement to be executed by Options Members to qualify to participate on IEX Options.</P>
                <P>• Options Order Entry Firm, Order Entry Firm, and OEF. The terms “Options Order Entry Firm” and “Order Entry Firm” or “OEF” mean those Options Members representing as agent Customer Orders on IEX Options and those non-Market Maker Members conducting proprietary trading.</P>
                <P>• Options Principal. The term “Options Principal” means a person engaged in the management and supervision of the Options Member's business pertaining to options contracts that has responsibility for the overall oversight of the Options Member's options related activities on the Exchange.</P>
                <P>• Order. The term “order” means a firm commitment to buy or sell options contracts as defined in Rule 22.100.</P>
                <P>• Outstanding. The term “outstanding” means an options contract which has been issued by the Clearing Corporation and has neither been the subject of a closing writing transaction nor has reached its expiration date.</P>
                <P>
                    • Primary Market. The term “primary market” means the primary exchange on which an underlying security is listed.
                    <SU>56</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>56</SU>
                         This definition is based on the definition in C1 Rule 1.1, because IEX believed the definition was easier to understand than the equivalent definition in the MEMX rulebook.
                    </P>
                </FTNT>
                <P>• Priority Customer and Priority Customer Order. The term “Priority Customer” means any person or entity that is not: (A) a broker or dealer in securities; or (B) a Professional. The term “Priority Customer Order” means an order for the account of a Priority Customer.</P>
                <P>
                    • Professional. The term “Professional” means any person or entity that (A) is not a broker or dealer in securities; and (B) places more than 390 orders in listed options per day on average during a calendar month for its own beneficial account(s). All Professional orders shall be appropriately marked by Options Members.
                    <SU>57</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>57</SU>
                         
                        <E T="03">See</E>
                         Proposed Supplementary Material .01 to Rule 17.100, which sets forth the methodology for calculation of Professional orders.
                    </P>
                </FTNT>
                <PRTPAGE P="12896"/>
                <P>• Protected Quotation. The term “Protected Quotation” has the meaning provided in Rule 28.100.</P>
                <P>• Public Customer and Public Customer Order. The term “Public Customer” means a person that is not a broker or dealer in securities. The term “Public Customer Order” means an order for the account of a Public Customer.</P>
                <P>• Put. The term “put” means an options contract under which the holder of the option has the right, in accordance with the terms and provisions of the option and the Rules of the OCC, to sell to the Clearing Corporation the number of units of the underlying security covered by the options contract, at a price per unit equal to the exercise price, upon the timely exercise of such option.</P>
                <P>• Quarterly Options Series. The term “Quarterly Options Series” means a series in an options class that is approved for listing and trading on the Exchange in which the series is opened for trading on any business day and expires at the close of business on the last business day of a calendar quarter.</P>
                <P>• Quote or Quotation. The terms “quote” or “quotation” means a bid or offer entered by a Market Maker as a firm order that updates the Market Maker's previous bid or offer, if any. When the term order is used in these Rules and a bid or offer is entered by the Market Maker in the options series to which such Market Maker is registered, such order shall, as applicable, constitute a quote or quotation for purposes of these Rules. A quote or quotation may be canceled or repriced in accordance with Rules 22.250, 22.260, or 23.150, if so designated by the Market Maker to assist in its risk management.</P>
                <P>
                    • Registered Market Maker. The term “Registered Market Maker” means an Options Member registered with the Exchange for the purpose of making markets in securities traded on the Exchange, who is vested with the rights and responsibilities specified in Chapter 23 of these Rules with respect to Registered Market Makers.
                    <SU>58</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>58</SU>
                         This definition is substantively identical to the definition in MIAX Rule 100. IEX proposes to incorporate this definition, because the Market Maker rules proposed herein are substantially based upon the rules of MIAX.
                    </P>
                </FTNT>
                <P>• Responsible Person. The term “Responsible Person” means a U.S.-based officer, director, or management-level employee of an Options Member, who is registered with the Exchange as an Options Principal, responsible for the direct supervision and control of associated persons of that Options Member.</P>
                <P>• Rules of IEX Options. The term “Rules of IEX Options” mean the rules contained in Chapters 17 to 29 of the Investors Exchange Rules governing the trading of options on the Exchange.</P>
                <P>• Rules of the Clearing Corporation and Rules of the OCC. The terms “Rules of the Clearing Corporation” and “Rules of the OCC” mean the Certificate of Incorporation, the By-Laws and the Rules of the Clearing Corporation, and all written interpretations thereof, as may be in effect from time to time.</P>
                <P>• SEC or Commission. The terms “SEC” or “Commission” mean the United States Securities and Exchange Commission.</P>
                <P>• Series of Options. The terms “series” or “series of options” mean all options contracts of the same class that are the same type of options and have the same exercise price and expiration date.</P>
                <P>• Short Position. The term “short position” means a person's interest as the writer of one or more options contracts.</P>
                <P>• Short Term Options Series. The term “Short Term Options Series” means a series in an options class that is approved for listing and trading on the Exchange in which the series is opened for trading on any Monday, Tuesday, Wednesday, Thursday or Friday that is a business day and that expires on the Monday, Tuesday, Wednesday, Thursday or Friday of the next business week, or, in the case of a series that is listed on a Friday and expires on a Monday, is listed one business week and one business day prior to that expiration. If a Tuesday, Wednesday, Thursday or Friday is not a business day, the series may be opened (or shall expire) on the first business day immediately prior to that Tuesday, Wednesday, Thursday or Friday, respectively. For a series listed pursuant to this section for Monday expiration, if a Monday is not a business day, the series shall expire on the first business day immediately following that Monday.</P>
                <P>
                    • Specialist. The term “Specialist” means a Market Maker appointed by the Exchange to act as the primary lead Market Maker for the purpose of making markets in securities traded on the Exchange. The Specialist is vested with the rights and responsibilities specified in Chapter 23 of these Rules with respect to Specialists.
                    <SU>59</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>59</SU>
                         This definition is substantively identical to the definition of Lead Market Makers and Primary Lead Market Makers in MIAX Rule 100. As discussed above, IEX proposes to incorporate the MIAX definitions for both Lead Market Makers and Primary Lead Market Makers into its definition for Specialists, because the Market Maker rules proposed herein are substantially based upon the rules of MIAX.
                    </P>
                </FTNT>
                <P>• SRO. The term “SRO” means a self-regulatory organization as defined in Section 3(a)(26) of the Exchange Act.</P>
                <P>• Timestamp. The term “timestamp” means the effective time sequence assigned to an order for purposes of determining its priority ranking.</P>
                <P>
                    • Trading Permit. The term “Trading Permit” means a license issued by the Exchange to an Options Member that grants the Trading Permit Holder (“TPH”) the right to access one or more of the facilities of the Exchange for the purpose of effecting transactions in options traded on the Exchange without the services of another person acting as broker, and otherwise to access the facilities of the Exchange for purposes of trading or reporting transactions or transmitting orders or quotations in options traded on the Exchange, or to engage in other activities that, under the Rules of IEX Options, may only be engaged in by the TPH that satisfies any applicable qualification requirements to exercise those rights. A Trading Permit conveys no ownership interest in the Exchange, is only available through the Exchange, and is subject to the terms and conditions set forth in Rule 18.140.
                    <SU>60</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>60</SU>
                         This definition is substantively identical to the definition in C1 Rule 1.1. IEX proposes to incorporate this definition, because its proposed Trading Permit rule (Rule 18.140), is substantively similar to the equivalent C1 Rule (C1 Rule 3.1).
                    </P>
                </FTNT>
                <P>
                    • Trading Permit Holder. The term “Trading Permit Holder” or “TPH” means the holder of a Trading Permit, as described in IEX Rule 18.140.
                    <SU>61</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>61</SU>
                         This definition is substantively identical to the definition in C1 Rule 1.1. IEX proposes to incorporate this definition, because its proposed Trading Permit rule (Rule 18.140), is substantively similar to the equivalent C1 Rule (C1 Rule 3.1).
                    </P>
                </FTNT>
                <P>• Trading System. The term “Trading System” means the automated trading system used by IEX Options for the trading of options contracts.</P>
                <P>• Type of Option. The term “type of option” means the classification of an options contract as either a put or a call.</P>
                <P>• Uncovered. The term “uncovered” means a short position in an options contract that is not covered.</P>
                <P>• Underlying Security. The term “underlying security” means the security that the Clearing Corporation shall be obligated to sell (in the case of a call option) or purchase (in the case of a put option) upon the valid exercise of an options contract.</P>
                <P>
                    • User. The term “User” means any Options Member or Sponsored Participant who is authorized to obtain access to the Trading System pursuant to Rule 11.130 (Access).
                    <PRTPAGE P="12897"/>
                </P>
                <HD SOURCE="HD3">Execution System</HD>
                <P>
                    IEX Options will utilize a pro-rata allocation model with execution priority dependent on the size and capacity of an order; specifically, Priority Customer or non-Priority Customer, as well as status as a Registered Market Maker or Specialist, as applicable. The proposed pro-rata allocation model is similar to the MIAX and NYSE Amex options exchanges.
                    <SU>62</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>62</SU>
                         
                        <E T="03">See infra</E>
                         note 86.
                    </P>
                </FTNT>
                <P>
                    The Exchange will become an exchange member of the OCC. The Trading System will be linked to OCC for the Exchange to transmit locked-in trades for clearance and settlement.
                    <SU>63</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>63</SU>
                         Proposed Rule 22.220(a) notes that all Options transactions shall be submitted for clearance to the Clearing Corporation, and the Exchange shall assume no responsibility with respect to any unmatched trade or for any delays or errors in the reporting to it of trade information. This provision is based upon and substantively identical to MIAX Rule 524.
                    </P>
                </FTNT>
                <P>IEX Options will include a de minimis delay on incoming order and quote messages designed to enable IEX to update its view of the market prior to processing orders and quotes, and an optional Market Maker quote parameter designed to protect Market Makers from excessive risk due to execution of stale quotes, in addition to other risk protections substantially similar to those offered by other options exchanges.</P>
                <P>
                    <E T="03">Anonymity.</E>
                     As set forth in proposed Rule 22.190, aggregated and individual transaction reports produced by the Trading System will indicate the details of a User's transactions, including the contra party's unique market participant identifier (“MPID”), capacity, and clearing firm account number.
                    <SU>64</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>64</SU>
                         The Exchange shall also reveal a User's identity: (i) when a registered clearing agency ceases to act for a participant, or the User's clearing firm, and the registered clearing agency determines not to guarantee the settlement of the User's trades; and (ii) for regulatory purposes or to comply with an order of an arbitrator or court. 
                        <E T="03">See</E>
                         proposed Rule 22.190. The Exchange notes that proposed Rule 22.190 is identical to MEMX Rule 21.10.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Latency Mechanism.</E>
                    <SU>65</SU>
                    <FTREF/>
                     IEX's proposal includes a de minimis hardware based latency mechanism (or speedbump) of 350 microseconds added to each incoming order and quote message 
                    <SU>66</SU>
                    <FTREF/>
                     designed to enable IEX to update its view of the market prior to processing orders and quotes as well as to perform the Options Quote Indicator (“Indicator”) calculation with current market data.
                    <SU>67</SU>
                    <FTREF/>
                     If the Exchange determines to change the duration of the delay, it will do so only pursuant to an effective rule filing submitted to the Commission pursuant to Section 19 of the Exchange Act.
                    <SU>68</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>65</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.100(n).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>66</SU>
                         As it does for with equities trading (which also applies an inbound latency of 350 microseconds), IEX will subject incoming order and quote messages to a 
                        <E T="03">de minimis</E>
                         delay using coiled optical fiber. 
                        <E T="03">See</E>
                         Rule 11.510(a). Due to force majeure events and acts of third parties, the Exchange does not guarantee that the delay will always be consistent. The Exchange will periodically monitor such latency and will make adjustments to the latency as reasonably necessary to achieve consistency with the latency targets as soon as commercially practicable.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>67</SU>
                         
                        <E T="03">See infra</E>
                         for more information about the Indicator.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>68</SU>
                         The latency mechanism will not apply to outbound communications from the Exchange to a User, inbound and outbound communications between the Exchange and an Away Market regarding a routed order, inbound communications from data feeds, order processing and order execution on the IEX Options Order Book, outbound communications to the Exchange's proprietary data feeds or OPRA.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Hours of Operation.</E>
                     As provided in proposed Rule 22.110(a), the IEX Options Trading System will begin accepting orders and quotes beginning at 8:00 a.m.
                    <SU>69</SU>
                    <FTREF/>
                     pursuant to the market opening procedures described in proposed Rule 22.160. Orders and bids and offers shall be open and available until 4:00 p.m. except for options contracts on Fund Shares, as defined in proposed Rule 20.120(i), which may close as of 4:15 p.m. The Proposed Hours of Operation rule is based on MEMX Rule 21.2, except that MEMX does not allow for submission of quotes before the market opens for trading; IEX notes that other exchanges begin accepting orders and quotes before the market opens, for example C1 begins accepting quotes at 7:30 a.m.
                    <SU>70</SU>
                    <FTREF/>
                     Except as set forth above, IEX Options shall operate during the normal business days and hours set forth in the rules of the primary market trading the securities underlying options traded on IEX Options, absent unusual conditions as may be determined by the Exchange.
                    <SU>71</SU>
                    <FTREF/>
                     IEX Options will not be open for business on any holiday observed by the Exchange.
                    <SU>72</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>69</SU>
                         All times in this filing refer to the Eastern time zone.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>70</SU>
                         
                        <E T="03">See</E>
                         C1 Rule 5.7.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>71</SU>
                         
                        <E T="03">See</E>
                         proposed IEX Rule 22.110(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>72</SU>
                         
                        <E T="03">See</E>
                         proposed IEX Rule 22.110(c).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Units of Trading.</E>
                     As stated in proposed Rule 22.120, the unit of trading in each series of options traded on IEX Options will be the unit of trading established for that series by the OCC pursuant to the rules of the OCC and the agreements of the Exchange with the OCC. The proposed determination of the unit of trading for a series of options traded on IEX Options is the same as on MEMX Options pursuant to MEMX Rule 21.3.
                </P>
                <P>
                    <E T="03">Minimum Quotation and Trading Increments.</E>
                     As stated in proposed Rule 22.140(a), the Exchange is proposing to apply the following quotation increments: (1) if the options series is trading at less than $3.00, five (5) cents; (2) if the options series is trading at $3.00 or higher, ten (10) cents; and (3) if the options series is trading pursuant to the Penny Interval Program one (1) cent if the options series is trading at less than $3.00, five (5) cents if the options series is trading at $3.00 or higher, except for QQQ, SPY, or IWM where the minimum quoting increment will be one (1) cent for all series. In addition, as stated in proposed Rule 22.140(b), the Exchange is proposing that the minimum trading increment for options contracts traded on IEX Options will be one (1) cent for all series. Such proposed minimum quotation and trading increments are the same as on MEMX Options pursuant to MEMX Rules 21.5(a) and (b).
                </P>
                <P>
                    <E T="03">Penny Interval Program.</E>
                     As set forth in proposed Rule 22.140(c), the Exchange is proposing to adopt a Penny Interval Program that is substantially similar to the penny programs of other exchanges, including MEMX Options pursuant to MEMX Rule 21.5(d), which includes minimum quoting requirements for options classes listed under the Penny Interval Program. However, eligibility for inclusion in the Penny Interval Program will be limited to those classes already operating under penny programs of other options exchanges at the time IEX Options is launched. The list of options classes included in the Penny Interval Program will be announced by the Exchange via circular distributed to Options Members and published by the Exchange on its website.
                </P>
                <P>
                    <E T="03">Order Types and Handling Instructions.</E>
                     The Trading System will make available to Users two Order Types (as defined in proposed Rule 22.100(d))—Limit orders and Market orders—as well as various order instructions and modifiers that can be appended to such orders. The characteristics and functionality of each Order Type is substantially similar to what is currently approved for use in the Exchange's equities trading facility or on other options exchanges, including MEMX Options, except where described below.
                </P>
                <P>IEX Options will support bulk messages for Options Market Makers as specified in the description of each Order Type or other instruction. Proposed Rule 22.100(d) includes the following details with respect to Limit orders and Market orders:</P>
                <P>
                    • Limit order. Limit orders are orders (including bulk messages) to buy or sell an option at a specified price or better. 
                    <PRTPAGE P="12898"/>
                    A Limit order is marketable when, for a Limit order to buy, at the time it is entered into the Trading System, the order is priced at the current inside offer or higher, or for a Limit order to sell, at the time it is entered into the Trading System, the order is priced at the current inside bid or lower.
                </P>
                <P>• Market order. Market orders are orders to buy or sell at the best price available at the time of execution. Market orders to buy or sell an option traded on IEX Options will be rejected if they are received when the underlying security is subject to a “Limit State” or “Straddle State” as defined in the Plan to Address Extraordinary Market Volatility Pursuant to Rule 608 of Regulation NMS under the Act (the “Limit Up-Limit Down Plan”). Bulk messages may not be Market orders.</P>
                <P>
                    Pursuant to Rule 22.100(d)(3), Users have the option to designate an order as “attributable” to that User's MPID. Attributable orders are Market or Limit orders which display the User's MPID for purposes of trading on the Exchange. Use of attributable orders is voluntary. Attributable orders may not be available for all Exchange processes. The Exchange will distribute a circular to Options Members specifying the processes for which the attributable order-type shall be available.
                    <SU>73</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>73</SU>
                         The proposed definition is substantively identical to the definition in MIAX Rule 516(e). IEX proposes to incorporate this definition and functionality, because MEMX Options does not have Attributable Orders.
                    </P>
                </FTNT>
                <P>The Trading System will also make available to Users several additional instructions that can be designated on an order (“Handling Instructions”). A Handling Instruction applied to a bulk message applies to each bid and offer within that bulk message. The Handling Instructions available on IEX Options are described in proposed Rule 22.100(e) and will include the following:</P>
                <P>• Book Only. Book Only is an instruction that an order is to be ranked and executed on the Exchange pursuant to proposed Rule 22.170 (Order Display and Book Processing) or to be repriced or cancelled, as appropriate, without routing away to another options exchange.</P>
                <P>• Post Only. Post Only is an instruction that an order is to be ranked and executed on the Exchange pursuant to proposed Rule 22.170 (Order Display and Book Processing) or cancelled, as appropriate, without routing away to another options exchange except that the order will not remove liquidity from the IEX Options Book. The Trading System reprices, cancels or rejects a bid (offer) designated as Post Only with a price that locks or crosses the Exchange's best offer (bid). A Market order cannot be designated as Post Only.</P>
                <P>
                    • Intermarket Sweep Order (“ISO”). ISOs are orders that shall have the meaning provided in proposed Rule 28.100, which relates to intermarket trading. Such orders may be executed at one or multiple price levels in the Trading System without regard to Protected Quotations at other options exchanges (
                    <E T="03">i.e.,</E>
                     may trade through such quotations). The Exchange relies on the marking of an order as an ISO order when handling such order, and thus, it is the entering Options Member's responsibility, not the Exchange's responsibility, to comply with the requirements relating to ISOs. ISOs are not eligible for routing pursuant to proposed Rule 22.180. A Market order cannot be designated as an Intermarket Sweep Order. Users may not designate bulk messages as ISOs.
                </P>
                <P>The Exchange notes that each of the proposed Order Types and Handling Instructions available on IEX Options are based upon and substantially similar to those of MEMX, with the exception of the Attributable Orders not offered by MEMX.</P>
                <P>
                    <E T="03">Time-in-Force (“TIF”) Designations.</E>
                     Users entering orders into the Trading System may designate such orders to remain in force and available for display and/or potential execution for varying periods of time. Unless cancelled earlier, once these time periods expire, the order (or the unexecuted portion thereof) is returned to the entering party. A TIF applied to a bulk message applies to each bid and offer within that bulk message. Unless otherwise specified in the Exchange Rules or the context indicates otherwise, the Exchange determines which of the following TIFs are available on a class or system basis. The TIF designations available on IEX Options are described in proposed Rule 22.100(g) and will include the following:
                </P>
                <P>• Immediate Or Cancel (“IOC”). IOC means, for an order so designated, an order that is to be executed in whole or in part as soon as such order is received. The portion not so executed immediately on the Exchange or another options exchange is cancelled and is not posted to the IEX Options Book. IOC orders that are not designated as Book Only and that cannot be executed in accordance with proposed Rule 22.170 on the Trading System when reaching the Exchange will be eligible for routing away pursuant to proposed Rule 22.180.</P>
                <P>• Day. Day means, for an order so designated, an order to buy or sell which, if not executed expires at market close. Market Makers may designate bulk messages as Day.</P>
                <P>The Exchange notes that each of the proposed TIF designations available on IEX Options is identical to the same TIF designations available on MEMX Options, except that they are applied differently in one respect. Specifically, MEMX Options allows bulk messages to have a TIF of IOC. IEX is proposing to only allow bulk messages to have a TIF of DAY so that Market Makers do not take liquidity with quotes submitted via bulk messages, and which are meant for liquidity provision by Market Makers, which by definition the Exchange believes constitutes orders resting on the Order Book.</P>
                <P>
                    <E T="03">Anti-Internalization Qualifier (“AIQ”) Modifiers.</E>
                     As with its equities market, the Exchange will allow Users to use certain AIQ modifiers, which are described in proposed Rule 22.100(h). Any incoming order designated with an AIQ modifier will be prevented from executing against a resting opposite side order also designated with an AIQ modifier and originating from the same MPID, Options Member identifier, trading group identifier, or Sponsored Participant identifier. The Exchange will offer the following AIQ modifiers: AIQ Cancel Newest, described in proposed Rule 22.100(h)(1); AIQ Cancel Oldest, described in proposed Rule 22.100(h)(2); AIQ Cancel Both, described in proposed Rule 22.100(h)(3); and AIQ Cancel Smallest, described in proposed Rule 22.100(h)(4). The Exchange notes that each of the proposed AIQ modifiers available on IEX Options is substantially similar to the same modifiers available on MEMX Options,
                    <SU>74</SU>
                    <FTREF/>
                     with the distinction that on MEMX a market maker may include the AIQ modifier on bulk messages, while IEX is proposing to not allow AIQ modifiers to be included on bulk messages because it would be meaningless on IEX where bulk messages will only be for liquidity adding quotes, and the AIQ modifier that dictates the AIQ interaction is determined by the liquidity removing order.
                    <SU>75</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>74</SU>
                         MEMX does not offer an AIQ Cancel Smallest modifier, but it is offered by other exchanges such as C1. 
                        <E T="03">See</E>
                         C1 Rule 5.6 (Match Trade Prevention Modifier—MTP Cancel Smallest).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>75</SU>
                         MEMX calls them “Match Trade Prevention” modifiers. 
                        <E T="03">See</E>
                         MEMX Rule 21.1(h).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Re-Pricing Mechanism.</E>
                     Like other options exchanges, the Exchange proposes to offer a re-pricing mechanism to Users to comply with the order protection and trade through restrictions of the Options Order Protection and Locked/Crossed Market 
                    <PRTPAGE P="12899"/>
                    Plan.
                    <SU>76</SU>
                    <FTREF/>
                     This re-pricing mechanism, described in proposed Rule 22.100(i), is referred to by the Exchange as Price Adjust and is substantially similar to the Price Adjust mechanism offered by MEMX Options pursuant to MEMX Rule 21.1(i), with the exception that IEX will only allow the ranked price and displayed price of an order that has been repriced to be adjusted to a more aggressive price one additional time (unlike MEMX, which allows multiple adjustments).
                    <SU>77</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>76</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 60405 (July 30, 2009), 74 FR 39362 (Aug. 6, 2009) (File No. 4-546).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>77</SU>
                         The Exchange notes that this behavior is substantially similar to the “single price adjust” behavior in C1 Rule 5.32(b)(2)(A).
                    </P>
                </FTNT>
                <P>
                    <E T="03">MPIDs.</E>
                     As proposed in Rule 22.100(j), the term “MPID” means the unique market participant identifier assigned to a User and shall refer to what the Trading System uses to identify the User and the clearing number for the execution of orders and quotes submitted to the Trading System with that MPID. Each MPID corresponds to a single User and a single clearing number of a Clearing Member with the Clearing Corporation. A User may obtain multiple MPIDs, which may be for the same or different clearing numbers. A User is able (in a form and manner determined by the Exchange) to designate which of its MPIDs may be used for each of its ports. If a User submits an order or quote through a port with an MPID not enabled for that port, the Trading System cancels or rejects the order or quote. The Exchange notes that its proposed Rule 22.100(j) is identical to MEMX Rule 21.1(j) except that MEMX uses the term EFID rather than MPID.
                </P>
                <P>
                    <E T="03">Ports and Bulk Messages.</E>
                     Proposed Rule 22.100(k) defines two types of ports: (1) a “physical port,” which provides a physical connection to the Trading System and may provide access to multiple logical ports; and (2) a “logical port” or “application session,” which provides Users with the ability within the Trading System to accomplish a specific function through a connection, such as order entry, data receipt, or access to information. The Exchange notes that each of the proposed types of ports available on IEX Options is identical to the same types of ports on MEMX Options.
                </P>
                <P>The term “bulk message” is proposed to mean a single electronic message a User submits with a Market Maker Capacity to the Exchange in which the User may enter, modify, or cancel up to an Exchange-specified number of bids and offers (which number the Exchange will announce via Exchange notice and publicly available technical specifications). The Trading System handles a bulk message in the same manner as it handles an order or quote, unless the Exchange Rules specify otherwise.</P>
                <P>
                    Only Market Makers may submit bulk messages through a logical port in a class in which the Market Maker has an appointment. In addition, bulk messages have a default TIF of Day and a default designation of Post Only. As proposed, the Trading System will cancel, reject, or reprice a Post Only bulk message bid (offer) with a price that locks or crosses the Exchange best offer (bid) or ABO (ABB).
                    <SU>78</SU>
                    <FTREF/>
                     These provisions are similar to the manner in which market maker bulk messages are handled by MEMX, which allows bulk messages to also have a TIF of IOC, a designation as book only, and post only bulk messages in unassigned classes.
                    <SU>79</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>78</SU>
                         
                        <E T="03">See</E>
                         proposed IEX Rule 22.100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>79</SU>
                         
                        <E T="03">See</E>
                         MEMX Rule 21.1(l). IEX notes that the ability of the Trading System to cancel or reject a post only order submitted on a bulk port with a price that locks or crosses the Exchange best offer (bid) or ABO (ABB) is substantively identical to MEMX Rule 21.1(l)(3); IEX will also allow the Trading System to reprice a post only order submitted on a bulk port with a price that locks or crosses the Exchange best offer (bid) or ABO (ABB), which is substantively identical to the functionality in C1 Rule 5.32(b)(1)(B).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Cancel Back.</E>
                     The term “Cancel Back” is proposed to mean an instruction a User designates on an order (including bulk messages) to not be subject to the Price Adjust process pursuant to proposed Rule 22.100(i). The Trading System cancels or rejects an order with a Cancel Back instruction (immediately at the time the Trading System receives the order or upon return to the Trading System after being routed away) if displaying the order on the Book would create a violation of proposed Rule 28.120, or if the order cannot otherwise be executed or displayed in the Book at its limit price. The Trading System executes a Book Only—Cancel Back order against resting orders. The proposed definition of Cancel Back in proposed Rule 22.100(m) is substantively identical to a Cancel Back Order defined in MEMX Rule 21.1(m).
                </P>
                <P>
                    <E T="03">Market Opening Procedures.</E>
                     As proposed, the Trading System will accept quotes, Limit orders with a TIF of DAY and Market orders for inclusion in the opening process (“Opening Process”) beginning at 8:00 a.m. or immediately upon trading being halted in an options series due to the primary listing market for the applicable underlying security declaring a regulatory trading halt, suspension, or pause with respect to such security (a “Regulatory Halt”), and will continue to accept Market and Limit orders and quotes until such time as the Opening Process is initiated in that options series (the “Pre-open state”).
                    <SU>80</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>80</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.160(a)(13).
                    </P>
                </FTNT>
                <P>
                    After the first transaction on the primary listing market after 9:30 a.m. in the securities underlying the options as reported on the first print disseminated pursuant to an effective national market system plan or the Regulatory Halt has been lifted, the related options series will be opened automatically as described below. The Exchange will conduct its “Core Open Auction” for each series of options contracts upon receipt of an “Auction Trigger”, 
                    <E T="03">i.e.,</E>
                     the moment that the Primary Market for the underlying security first disseminates both a two-sided quote and a trade of any size that is at or within the quote (in the case of reopening after a Regulatory Halt, the Auction Trigger also includes notification that the underlying stock is no longer halted).
                    <SU>81</SU>
                    <FTREF/>
                     The Exchange will disseminate a message to market participants indicating the initiation of the opening process, conduct the opening auction, and then transition to continuous trading for each series of options contracts.
                    <SU>82</SU>
                    <FTREF/>
                     The proposed market opening procedures are substantially similar to the market opening procedures specified in NYSE Arca Options Rule 6.64P-O, subject to several differences, most notably that any imbalance would be allocated on a pro rata basis.
                    <SU>83</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>81</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.160(a)(5) and (7).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>82</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.160. IEX notes that pursuant to proposed Rule 22.160(b)(3), the priority overlays specified in proposed Rule 22.170(f)(2) and (3) will not be available during an Auction, but will resume once the Exchange has transitioned to continuous trading.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>83</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.160(b). Other differences include: IEX will begin accepting orders for the opening auction at 8:00 a.m., while NYSE Arca begins accepting orders for their opening auction at 6:00 a.m. 
                        <E T="03">See</E>
                         proposed Rule 22.160(a)(13)(A) versus NYSE Arca Options Rule 6.64P-O(a)(12)(A). Additionally, IEX will begin disseminating Auction Imbalance Information at 8:30 a.m., while NYSE Arca begins disseminating imbalance information at 8:00 a.m. 
                        <E T="03">See</E>
                         proposed Rule 22.160(c)(1) versus NYSE Arca Options Rule 6.64P-O(c)(1). Further, IEX does not define Far Clearing Price, because IEX does not propose to have Auction Only orders, to which the Far Clearing Price relates.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Order Display/Matching System.</E>
                     The Trading System will be based upon functionality currently approved for use in the Exchange's equities trading system. Specifically, the Trading System will allow Users to enter Market orders and priced Limit orders to buy (bids) and sell (offers). All bids or offers made and accepted on IEX Options in accordance with the Exchange Rules shall constitute binding contracts, subject to applicable requirements of the 
                    <PRTPAGE P="12900"/>
                    Exchange Rules and the Rules of the Clearing Corporation. Such orders are executable against marketable contra-side orders in the Trading System.
                    <SU>84</SU>
                    <FTREF/>
                     Resting quotes and orders on the IEX Options Book will be prioritized according to price. If there are two or more quotes or orders at the best price, then the options contracts will be allocated proportionally according to size (in a pro-rata fashion), rounded down to the nearest contract. If there are residual options contracts to be filled, the quote or order with the largest remaining size (based on the pro rata calculation) will receive the first contract, and each successive contract (if any) will be allocated to each subsequent quote or order based on size (largest to smallest). If there are two or more quotes or orders with the same remaining size, then the quote or order with the first time priority will be allocated the next options contract. Each successive options contract (if any) will be allocated in the same manner.
                    <SU>85</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>84</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.170.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>85</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.170(b). This pro-rata allocation methodology is based upon the substantially similar methodology in MIAX Rule 514(c)(2) and NYSE Amex Rule 964NYP(i)(2).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Routing.</E>
                     IEX Options will offer a simple optional routing functionality to facilitate compliance with applicable regulations and will not offer other complex routing strategies. Options Members can designate orders that have not been executed in full by the Trading System pursuant to Rule 22.170 above as either available for routing or not available for routing.
                    <SU>86</SU>
                    <FTREF/>
                     IEX Options will support orders that are designated to be routed to the NBBO as well as orders that will execute only within IEX Options. Orders that are designated to execute at the NBBO will be routed to other options markets to be executed when the Exchange is not at the NBBO 
                    <SU>87</SU>
                    <FTREF/>
                     consistent with the Options Order Protection and Locked/Crossed Market Plan.
                    <SU>88</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>86</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.180(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>87</SU>
                         As described 
                        <E T="03">infra,</E>
                         if the order is eligible for the Step-Up Mechanism (set forth in proposed Rule 22.270), the Trading System will attempt to fill the order before routing it to an away market.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>88</SU>
                         
                        <E T="03">See supra</E>
                         note 77.
                    </P>
                </FTNT>
                <P>Subject to the exceptions contained in proposed Rule 28.110(b), the Trading System will ensure that an order will not be executed at a price that trades through another options exchange. An order that is designated by an Options Member as routable will be routed in compliance with applicable trade-through restrictions. Any order entered with a price that would lock or cross a Protected Quotation that is not eligible for either routing or the price adjust process as defined in proposed Rule 22.100(i) will be cancelled. Bulk messages are not eligible for routing.</P>
                <P>
                    IEX Options will route orders in options via IEX Services LLC (“IEX Services”), which serves as the Outbound Router of the Exchange, as defined in Rule 2.220 (IEX Services LLC as Outbound Router).
                    <SU>89</SU>
                    <FTREF/>
                     The function of the Outbound Router will be to route orders in options listed and open for trading on IEX Options by transmitting such orders to one or more routing brokers that are not affiliated with the Exchange to other options exchanges (“Routing Services”) pursuant to the Exchange Rules on behalf of IEX Options.
                    <SU>90</SU>
                    <FTREF/>
                     The Outbound Router is subject to regulation as a facility of the Exchange, including the requirement to file proposed rule changes under Section 19 of the Exchange Act.
                    <SU>91</SU>
                    <FTREF/>
                     Parties that do not desire to use the Routing Services provided by the Exchange must designate orders as not available for routing.
                    <SU>92</SU>
                    <FTREF/>
                     The Exchange notes that the proposed rules relating to the routing of orders on IEX Options to away options markets are substantively identical to the MEMX Back-Up Order Routing Services described in MEMX Rule 21.9(e).
                    <SU>93</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>89</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.180(d).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>90</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>91</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>92</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>93</SU>
                         MEMX also offers the option of using its outbound router, MEMX Execution Services to route directly to other exchanges. 
                        <E T="03">See</E>
                         MEMX Rule 21.9(d). IEX is not proposing to adopt this functionality, because it will only provide for routing through IEX Services to third party broker dealers.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Priority of Routed Orders.</E>
                     Orders that have been routed by the Trading System to other options exchanges are not ranked and maintained in the IEX Options Book pursuant to Rule 22.170, and therefore are not available to execute against incoming orders. Once routed by the Trading System, an order becomes subject to the rules and procedures of the destination options exchange including, but not limited to, order cancellation. If a routed order is subsequently returned, in whole or in part, that order, or its remainder, shall receive a new time stamp reflecting the time of its return to the Trading System.
                    <SU>94</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>94</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.180(b).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Market Access.</E>
                     In connection with the proposed rules regarding routing to away options exchanges, proposed Rule 22.180(e) provides that IEX Services has, pursuant to Rule 15c3-5 under the Act,
                    <SU>95</SU>
                    <FTREF/>
                     implemented certain tests designed to mitigate the financial and regulatory risks associated with providing the Exchange's Users with access to such away options exchanges. Pursuant to the policies and procedures developed by IEX Services to comply with Rule 15c3-5, if an order or series of orders are deemed to be erroneous or duplicative, would cause the entering User's credit exposure to exceed a preset credit threshold, or are non-compliant with applicable pre-trade regulatory requirements (as defined in Rule 15c3-5), IEX Services will reject such orders prior to routing and/or seek to cancel any orders that have been routed. This is consistent with the routing implementation of other options exchanges, and the Exchange notes that proposed Rule 22.180(e) is substantively identical to MEMX Rule 21.9(f).
                </P>
                <FTNT>
                    <P>
                        <SU>95</SU>
                         17 CFR 240.15c3-5.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Order Priority.</E>
                     After the opening, trades on the Exchange will occur when a buy order/quote and a sell order/quote match on the Exchange's order book. The Trading System shall execute trading interest within the Trading System in price priority, meaning it will execute all trading interest at the best price level within the Trading System before executing trading interest at the next best price. Pursuant to proposed Rule 22.170, after considering price priority, all options contracts are allocated proportionally according to size (in a pro-rata fashion). If the executed quantity cannot be evenly allocated, the remaining options contracts will be distributed one at a time based upon price-size-time priority.
                </P>
                <P>
                    In addition, the Exchange supports multiple priority overlays that apply ahead of the default pro-rata allocation at a given price level. Pursuant to proposed Rule 22.170(f),
                    <SU>96</SU>
                    <FTREF/>
                     these priority overlays are made available at the Exchange's discretion on a class-by-class basis: (1) the Priority Customer overlay,
                    <SU>97</SU>
                    <FTREF/>
                     which provides resting interest from Priority Customers with priority over all non-Priority Customer interest at the same price, will always take priority over all other priority overlays; (2) the Specialist Participation Entitlement overlay,
                    <SU>98</SU>
                    <FTREF/>
                     which provides the Specialist with priority over interest 
                    <PRTPAGE P="12901"/>
                    from other non-Priority Customers for a certain percentage of contracts allocated at the same price (entitling the Specialist to 60% of the allocation if there is another non-Priority Customer at the NBBO or 40% if there are two or more other non-Priority Customers at the NBBO) 
                    <SU>99</SU>
                    <FTREF/>
                     when quoting at the NBBO, inclusive of the case in which the order is directed to the Specialist; (3) the Directed Market Maker Participation Entitlement overlay,
                    <SU>100</SU>
                    <FTREF/>
                     which provides a Directed Market Maker with priority over interest from other non-Priority Customers for a certain percentage of contracts allocated at the same price (entitling the DMM to 60% of the allocation if there is another non-Priority Customer at the NBBO or 40% if there are two or more other non-Priority Customers at the NBBO) 
                    <SU>101</SU>
                    <FTREF/>
                     when quoting at the NBBO and always applies in place of the Specialist Participation Entitlement overlay when both are in effect and the order is directed to a Directed Market Maker other than the Specialist; 
                    <SU>102</SU>
                    <FTREF/>
                     and (4) the Small-Size Order Entitlement overlay,
                    <SU>103</SU>
                    <FTREF/>
                     which provides a Specialist quoting at the NBBO the priority to execute against the entire size of an order or quote of five or fewer contracts that does not first execute against any Priority Customer orders at that price, provided that if an order subject to the Small-Size Order Entitlement is directed to a Directed Market Maker who is not the Specialist quoting at the NBBO, and the Directed Market Maker priority overlay is enabled in the series, then the Directed Market Maker Participation Entitlement priority overlay will apply instead of the Small-Size Order Entitlement priority overlay,
                    <SU>104</SU>
                    <FTREF/>
                     and in the case that an order subject to the Small-Size Order Entitlement is directed to the Specialist, the Small-Size Order Entitlement priority overlay will apply while the Specialist Participation Entitlement and Directed Market Maker Entitlement overlays will not.
                    <SU>105</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>96</SU>
                         Proposed Rule 22.170(f) is based upon and substantially similar to C1 Rule 5.32(a)(2), except is different in one respect. Unlike C1, in the event that a Small-Size order is directed to a Specialist, the IEX Options trading system will apply the Small-Size Order Entitlement to the order and not the Directed Order guarantee, meaning the Specialist will have priority to execute against the entire size of the order that does not execute against any Priority Customer orders at that price.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>97</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.170(f)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>98</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.170(f)(2). This overlay may only be in effect if the Priority Customer overlay is also in effect. 
                        <E T="03">See</E>
                         proposed Rule 22.170(f).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>99</SU>
                         These allocation entitlements are based on MIAX Rule 514(h)(1), after accounting for the additional priorities afforded market makers on MIAX, as set forth in MIAX Rule 514(e). 
                        <E T="03">See supra</E>
                         note 86 and accompanying text.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>100</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.170(f)(2). This overlay may only be in effect if the Priority Customer overlay is also in effect. 
                        <E T="03">See</E>
                         proposed Rule 22.170(f).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>101</SU>
                         These allocation entitlements are based on MIAX Rule 514(h)(1), after accounting for the additional priorities afforded market makers on MIAX, as set forth in MIAX Rule 514(e). 
                        <E T="03">See supra</E>
                         note 86 and accompanying text.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>102</SU>
                         Prioritizing the DMM entitlement over the Specialist entitlement in these circumstances is the same functionality offered by several other exchanges. 
                        <E T="03">See, e.g.,</E>
                         NYSE Amex Options Rule 964NYP(h)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>103</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.170(f)(3).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>104</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.170(f)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>105</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.170(f)(3)(B). This is functionally identical to how NYSE Amex Options allocates small-size Directed Orders that are directed to a Specialist. 
                        <E T="03">See</E>
                         NYSE Amex Options Rule 965NYP(h)(2)(B).
                    </P>
                </FTNT>
                <P>After executions resulting from the Priority Overlays described above, orders and quotes within the Trading System for the accounts of non-Priority Customers, including Professional Customers, have next priority. If there is more than one highest bid or more than one lowest offer on the Options Order Book for the account of a non-Priority Customer, then such bids or offers will be afforded priority on a size pro-rata basis, as described above.</P>
                <P>
                    <E T="03">Step Up Mechanism.</E>
                     IEX proposes to offer Options Members an optional Step Up Mechanism (“SUM”), which is a feature within the Trading System that provides automated order handling in designated classes trading for qualifying orders that are not automatically executed by the Trading System.
                    <SU>106</SU>
                    <FTREF/>
                     The Exchange will determine eligibility of an order for the SUM (including order size, type, capacity, handling instructions, as well as which classes of options contracts). The Exchange will not initiate the SUM process if the NBBO is crossed.
                    <SU>107</SU>
                    <FTREF/>
                     SUM automatically processes upon receipt of an eligible order that is marketable against the BBO that is not the NBBO; or an eligible order that would improve the Exchange's BBO and that is marketable against the ABBO. This proposed functionality is substantively identical to the Step-Up Mechanism offered by C1, with the exception that IEX is not proposing to offer All or None orders.
                    <SU>108</SU>
                    <FTREF/>
                     IEX notes that the optional SUM mechanism is designed to benefit a routable order that is not immediately eligible for execution on the Exchange, but if routed to an away exchange might miss a potential execution on that exchange. And, because SUM is optional, a Member can choose not to have its order subject to the SUM mechanism if it determines that the functionality is not consistent with its objectives. Given the multitude of tradeable listed options securities (compared to listed equities) not all available liquidity is always reflected in an exchange's order book, and the SUM mechanism provides an opportunity to source such additional liquidity to the benefit of the order in question. Moreover, IEX notes as well that other options exchanges offer similar mechanisms, and order flow might be directed to such exchanges if IEX did not offer such a mechanism.
                </P>
                <FTNT>
                    <P>
                        <SU>106</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.270. IEX's proposed Step-Up Mechanism is substantively identical to C1 Rule 5.35.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>107</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.270(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>108</SU>
                         
                        <E T="03">See</E>
                         C1 Rule 5.35.
                    </P>
                </FTNT>
                <P>Upon receipt of a SUM eligible order, the Trading System will expose the order at the NBBO upon receipt for a period of time determined by the Exchange on a class-by-class basis, which period of time may not exceed one second. All Users may submit responses to the exposure message, which must be limited to the size of the order being exposed, may be modified, cancelled or replaced any time during the exposure period, and are cancelled back at the end of the exposure period if unexecuted. Responses priced at the prevailing NBBO or better will immediately trade against the order in time priority. If during the exposure period the Exchange receives an unrelated order (or quote) on the opposite side of the market from the exposed order that could trade against the exposed order at the prevailing NBBO price or better, then the orders will trade at the prevailing NBBO price. The exposure period will not terminate if a quantity remains on the exposed order after such trade.</P>
                <P>Responses that are not immediately executable based on the prevailing NBBO may become executable during the exposure period based on changes to the NBBO. In the event of a change to the NBBO and at the conclusion of the exposure period, the Exchange will evaluate remaining responses as well as the ABBO and execute any remaining portion of the exposed order to the fullest extent possible at the best price(s) by executing against responses and unrelated orders.</P>
                <P>Following the exposure period, the Exchange will route the remaining portion of the exposed order to other exchanges, unless otherwise instructed by the User. Any portion of a routed order that returns unfilled shall trade against the Exchange's best bid/offer unless another exchange is quoting at a better price in which case new orders shall be generated and routed to trade against such better prices.</P>
                <P>
                    <E T="03">Data Dissemination.</E>
                     The Exchange will disseminate to OPRA the highest bid and the lowest offer, and the aggregate quotation size associated therewith that is available, in accordance with the requirements of Rule 602 of Regulation NMS under the Act.
                    <SU>109</SU>
                    <FTREF/>
                     The Exchange will also offer three data products: (1) IEX Options DEEP: an uncompressed data feed that offers depth of book quotations and execution information based on options 
                    <PRTPAGE P="12902"/>
                    orders entered into the Trading System; (2) IEX Options TOPS: an uncompressed data feed that offers top of book quotations and execution information based on options orders entered into the Trading System; and (3) DROP: an uncompressed data feed that offers information regarding the options trading activity of a specific User.
                    <SU>110</SU>
                    <FTREF/>
                     DROP is only available to the User to whom the specific data relates and those recipients expressly authorized by the User.
                    <SU>111</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>109</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.240(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>110</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.240(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>111</SU>
                         Data products will be subject to fees as specified in an effective Commission rule filing.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Risk Controls.</E>
                     The Exchange also proposes to offer to all Users of IEX Options the ability to establish certain risk control parameters and limits that are intended to assist Users in managing their market risk. The proposed risk controls are based, in part, on those of the NYSE Arca and C1 options exchanges, with certain additions and differences described below. The proposed risk controls are designed to offer Users protection from entering orders outside of certain size and price parameters, as well as certain standard or Exchange-established parameters based on order type and market conditions.
                </P>
                <P>
                    The proposed risk controls include: (i) pre-trade risk controls; (ii) activity-based risk controls; and (iii) global risk controls, as set forth in proposed Rule 22.250.
                    <SU>112</SU>
                    <FTREF/>
                     Pre-trade, activity-based, and global risk controls may be set before the beginning of a trading day.
                    <SU>113</SU>
                    <FTREF/>
                     Pre-trade, activity-based, and global risk controls can be set at the MPID or MPID Group level,
                    <SU>114</SU>
                    <FTREF/>
                     or both, depending on the risk control.
                    <SU>115</SU>
                    <FTREF/>
                     Additionally, pre-trade risk controls to restrict the options class(es) transacted must be set per options class.
                    <SU>116</SU>
                    <FTREF/>
                     The following describes each category of risk protection mechanism:
                </P>
                <FTNT>
                    <P>
                        <SU>112</SU>
                         Proposed Rule 22.250 is based upon and substantially similar to NYSE Arca Rule 6.40P-O.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>113</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.250(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>114</SU>
                         MPID Groups, defined in proposed Rule 22.250(a)(5), are based upon C1 Rule 5.34(c)(4)(A), which allows for the setting of risk control limits for EFID Groups, which are equivalent to MPID Groups. IEX notes that it proposes to retain the right to limit the number of MPID Groups an Options Member can configure based upon potential technical limitations.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>115</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.250(b)(2). IEX notes that while it allows these risk controls to be set at MPID or MPID Group levels, NYSE Arca allows the equivalent controls to be set at either the MPID or the MPID Sub-ID level (a more granular level than the MPID).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>116</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.250(b)(2).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Pre-Trade Risk Controls.</E>
                    <SU>117</SU>
                    <FTREF/>
                     The pre-trade risk controls mechanism is a set of optional limits, each of which an Options Member may utilize with respect to its trading activity on the Exchange. These controls include controls related to the maximum dollar amount for a single order to be applied one time and the maximum number of contracts that may be included in a single order before it can be traded. Additionally, there are optional controls related to the price of an order or quote (including percentage-based and dollar-based controls), controls related to the order types or modifiers that can be utilized, controls to restrict the options classes transacted, and controls to prohibit duplicative orders.
                </P>
                <FTNT>
                    <P>
                        <SU>117</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.250(a)(1), which is substantively identical to NYSE Arca Rule 6.40P-O(a)(2).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Activity-Based Risk Controls.</E>
                    <SU>118</SU>
                    <FTREF/>
                     The Exchange also proposes to offer activity-based risk limits that may be applied to orders and quotes in an options class (when acting as a Market Maker, an Options Member is required to select at least one of the following controls) 
                    <SU>119</SU>
                    <FTREF/>
                     based on specified thresholds measured over the course of a configurable time period (“Interval”). The Exchange will offer the following activity-based risk controls: (i) transaction-based risk limits, which are pre-established limits on the number of an Options Member's orders and quotes executed in a specified class of options per Interval; (ii) volume-based risk limits, which are pre-established limits on the number of contracts of an Options Member's orders and quotes that can be executed in a specified class of options per Interval; and (iii) percentage-based risk limits, which are pre-established limits on the percentage of contracts executed in a specified class of options as measured against the full size of an Options Member's orders and quotes executed per Interval. To determine whether an Options Member has breached the specified percentage limit, the Exchange calculates the percent of each order or quote in a specified class of options that is executed during an Interval (each, a “percentage”), and sums up those percentages. This risk limit will be breached if the sum of the percentages exceeds the pre-established limit.
                </P>
                <FTNT>
                    <P>
                        <SU>118</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.250(a)(2), which is substantively identical to NYSE Arca Rule 6.40P-O(a)(3).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>119</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.250(c)(2)(A).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Global Risk Control.</E>
                    <SU>120</SU>
                    <FTREF/>
                     The Exchange also proposes to offer a global risk control, which is a pre-established limit on the number of times an Options Member may breach its activity-based risk controls per Interval.
                </P>
                <FTNT>
                    <P>
                        <SU>120</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.250(a)(3), which is substantively identical to NYSE Arca Options Rule 6.40P-O(a)(4).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Automated Breach Actions.</E>
                    <SU>121</SU>
                    <FTREF/>
                     Proposed Rule 22.250(c) details the “automated breach actions” the Exchange will take if any of the three above-described risk controls are breached. Based on User preference, these actions can include blocking new orders and quotes, canceling orders and quotes on the Order Book, or notifying the Options Member of the breach. With respect to the activity-based and global risk controls (as well as Kill Switch Actions described below), in order to remain consistent with the firm quote obligations of a broker-dealer pursuant to Rule 602 of Regulation NMS, any marketable interest that is executable against an order or quote that is received 
                    <SU>122</SU>
                    <FTREF/>
                     prior to the time the applicable threshold is triggered and processed by the Trading System will be automatically executed up to the size of the resting order or quote, regardless of whether the execution would cause the Member to exceed their pre-set risk threshold(s).
                    <SU>123</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>121</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.250(c), which is substantively identical to NYSE Arca Options Rule 6.40P-O(c).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>122</SU>
                         The time of receipt for an order or quote is the time such message is processed by the Exchange's order book.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>123</SU>
                         Pre-trade risk controls are implemented prior to an order or quote resting on the order book (or being placed on the book again following an auction) and therefore do not implicate firm quote obligations.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Kill Switch Actions.</E>
                    <SU>124</SU>
                    <FTREF/>
                     Additionally, Options Members may direct the Exchange to operate a “kill switch” to either cancel all unexecuted orders and quotes on the Order Book, block the entry of any new order and quote messages, or both.
                </P>
                <FTNT>
                    <P>
                        <SU>124</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.250(e), which is substantively identical to NYSE Arca Options Rule 6.40P-O(e).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Limit Order Price Protection.</E>
                    <SU>125</SU>
                    <FTREF/>
                     The Exchange also proposes to offer price protection mechanisms, as set forth in proposed Rule 22.260.
                    <SU>126</SU>
                    <FTREF/>
                     These protections include Limit Order Price Protection, in which the Trading System will reject an order or quote upon entry, or cancel at the conclusion of an auction, if its price exceeds a pre-established, Exchange-defined “specified threshold” amount above or below the reference price. The Reference Price for calculating Limit Order Price Protection for an order or quote to buy (sell) will be the NBO (NBB), provided that, immediately 
                    <PRTPAGE P="12903"/>
                    following an auction, the reference price will be the price at which the auction match occurred, or, if none, the upper (lower) auction collar price, or, if none, the NBO (NBB).
                </P>
                <FTNT>
                    <P>
                        <SU>125</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.260(a), which is substantively identical to NYSE Arca Options Rule 6.62P-O(a)(3).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>126</SU>
                         IEX notes that these proposed risk control mechanisms are based on similar rules of other options exchanges, in particular: NYSE Arca Options Rules 6.62P-O(a)(3) and 6.41P-O and C1 Rules 5.34(a)(1), (2) and (4).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Market Orders in No-Bid (Offer) Series.</E>
                    <SU>127</SU>
                    <FTREF/>
                     If the Trading System receives a sell Market order in a series after it is open for trading with an NBB of zero and an NBO less than or equal to $0.50, then the Trading System converts the Market order to a Limit order with a limit price equal to the minimum trading increment applicable to the series and enters the order into the IEX Options. If the Trading System receives a sell Market order in a series after it is open for trading with an NBB of zero and an NBO greater than $0.50, then the Trading System cancels or rejects the Market order, except if the sell Market order would be subject to the drill-through protection (as discussed below), in which case the order joins the ongoing drill-through process. If the Trading System receives a buy Market order in a series after it is open for trading with an NBO of zero, the Trading System cancels or rejects the Market order.
                </P>
                <FTNT>
                    <P>
                        <SU>127</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.260(b), which is substantively identical to C1 Rule 5.34(a)(1).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Market Order NBBO Width Protection.</E>
                    <SU>128</SU>
                    <FTREF/>
                     If a User submits a Market order to the Trading System when the NBBO width is greater than x% of the midpoint of the NBBO, subject to a minimum and maximum dollar value (the Exchange determines “x” and the minimum and maximum dollar values on a class-by-class basis), the Trading System cancels or rejects the Market order.
                </P>
                <FTNT>
                    <P>
                        <SU>128</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.260(c), which is substantively identical to C1 Rule 5.34(a)(2).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Price Reasonability Checks.</E>
                    <SU>129</SU>
                    <FTREF/>
                     Additionally, the Exchange will apply price reasonability checks to most Limit orders and quotes during continuous trading on each trading day. One price reasonability check, the “arbitrage check”, will reject order or quote messages to buy put options if the price of the order is equal to or greater than the strike price of the option and will reject (or cancel, if resting) order or quote messages to buy call options if the price of the order is equal to or greater than the price of the last trade in the underlying security plus an Exchange-defined specified threshold.
                    <SU>130</SU>
                    <FTREF/>
                     Another price reasonability check, the “intrinsic value check”, will assess the intrinsic value of an option based on the last sale price of the underlying security (for calls) or the strike price of the option (for puts), and reject or cancel certain orders or quotes if the price of the order is dislocated from the intrinsic value of the option by a certain Exchange-defined specified threshold.
                    <SU>131</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>129</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.260(d), which is substantively identical to NYSE Arca Options Rule 6.41P-O.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>130</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.260(d)(2), which is substantively identical to NYSE Arca Options Rule 6.41P-O(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>131</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.260(d)(3), which is substantively identical to NYSE Arca Options Rule 6.41P-O(c). IEX notes that like NYSE Arca Options, the term “Automated Breach Action” is used in two of its risk controls with different meanings: first with respect to the intrinsic value risk checks for market makers, 
                        <E T="03">see</E>
                         NYSE Arca Options Rule 6.40P-O(d) and proposed Rule 22.260(d)(3)(E); and also with respect to activity based risk controls. 
                        <E T="03">See</E>
                         NYSE Arca Options Rule 6.41P-O(d) and proposed Rule 22.250(c).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Drill-Through Protection.</E>
                     Another proposed price protection mechanism is drill-through protection, which will prevent an order from executing beyond a “buffer amount” determined based on a drill-through price.
                    <SU>132</SU>
                    <FTREF/>
                     This rule is based upon and substantially similar to C1 Rule 5.34(a)(4), with the distinction that IEX's Drill-Through Protection will have a finite, Exchange-defined number of iterations, that are communicated by a Trading Alert with at least 30 days prior notice.
                    <SU>133</SU>
                    <FTREF/>
                     IEX notes that other exchanges have also set a finite number of iterations for their Drill-Through Protection.
                    <SU>134</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>132</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 22.260(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>133</SU>
                         IEX notes that other exchanges also have the ability to change any exchange-determined parameters with a trading alert. 
                        <E T="03">See, e.g.,</E>
                         C1 Rule 1.5.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>134</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Securities Exchange Act Release No. 86923 (September 10, 2019), 84 FR 48664 (September 16, 2019) (SR-CBOE-2019-057) with respect to C1 prior functionality.
                    </P>
                </FTNT>
                <P>
                    <E T="03">Options Risk Parameter.</E>
                     In order to provide additional protection to Market Makers to address structural challenges 
                    <SU>135</SU>
                    <FTREF/>
                     they face in the listed options market, IEX proposes to offer an optional quote parameter that would augment the standard risk tools that will be available to Options Market Makers referred to as the Options Risk Parameter (“ORP”). As proposed, the ORP will be a parameter that can be applied to a quotation that rests on the Order Book at the price designated by the Market Maker that entered the quotation. When the ORP is triggered based on pre-defined criteria, the relevant quotation(s) will be adjusted in a manner specified transparently in IEX's rules and related Trading Alerts, as described below.
                    <SU>136</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>135</SU>
                         
                        <E T="03">See infra</E>
                         note 150.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>136</SU>
                         
                        <E T="03">See</E>
                         proposed IEX Rule 23.150(h).
                    </P>
                </FTNT>
                <P>
                    The ORP would leverage IEX's proprietary mathematical formula—the Options Quote Indicator (the “Indicator”)—which is based on the preeminent Black-Scholes options pricing model. This Nobel-Prize-winning approach for evaluating the price of an options contract has been studied extensively, and is widely considered as a primary starting point for both academic and industrial options pricing applications.
                    <SU>137</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>137</SU>
                         
                        <E T="03">See</E>
                         Revolutionary Black-Scholes Option Pricing Model is Published by Fischer Black, Later a Partner at Goldman Sachs, available at 
                        <E T="03">https://www.goldmansachs.com/our-firm/history/moments/1973-black-scholes.</E>
                    </P>
                </FTNT>
                <P>
                    Proposed Rule 23.150(h) sets forth the application of the Indicator and optional ORP.
                    <SU>138</SU>
                    <FTREF/>
                     As with the standard risk checks, the ORP is designed to enable Market Makers to provide tighter and deeper quotes on IEX by providing protection from execution against stale quotes by identifying when the best Protected Bid or best Protected Offer of the Away Markets (as defined in Proposed Rule 22.160(a)(8)) in a particular options series is sufficiently dislocated from the price of the underlying security to indicate that the best Protected Bid or best Protected Offer of the Away Markets in the options series is likely in transition. The Exchange will determine on a class-by-class basis whether to make the ORP available, which determination will be communicated by Trading Alert.
                    <SU>139</SU>
                    <FTREF/>
                     Offering the Indicator on a class-by-class basis would enable the Exchange to utilize the ORP for classes with a high potential for adverse selection, while excluding classes presenting lower risk of adverse selection (such as classes with relatively lower volumes). This flexibility will therefore allow the Exchange to ensure the ORP is available for those classes where its use will achieve its intended purpose, while excluding its use where it would likely provide little additional value and could introduce unnecessary complexity (for example, for classes that are subject to a pending corporate action or other nonstandard characteristic).
                    <SU>140</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>138</SU>
                         The quote instability calculation is set forth in Supplementary Material .04 to proposed Rule 23.150(h); the calculation of implied volatility is set forth in Supplementary Material .05 to proposed Rule 23.150(h).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>139</SU>
                         
                        <E T="03">See</E>
                         proposed IEX Rule 23.150(h)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>140</SU>
                         The Exchange notes that it is not an equities listing exchange. The Exchange does not believe that making class-by-class determinations in this context or otherwise creates a conflict of interest.
                    </P>
                </FTNT>
                <P>
                    As proposed, the Exchange will utilize the Indicator, which is a fixed formula specified transparently in IEX's rules and related Trading Alerts, to assess the probability of an imminent change to the current best Protected Bid 
                    <SU>141</SU>
                    <FTREF/>
                     of the Away Markets to a lower price or of an imminent change to the 
                    <PRTPAGE P="12904"/>
                    current best Protected Offer 
                    <SU>142</SU>
                    <FTREF/>
                     of the Away Markets to a higher price for a particular listed options series (
                    <E T="03">i.e.,</E>
                     an imminent adverse price change).
                    <SU>143</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>141</SU>
                         
                        <E T="03">See supra</E>
                         note 77 at 39370.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>142</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>143</SU>
                         
                        <E T="03">See</E>
                         proposed IEX Rule 23.150(h).
                    </P>
                </FTNT>
                <P>
                    As discussed above, the Exchange will periodically determine two aspects of the formula—the frequency of calculation of implied volatility 
                    <SU>144</SU>
                    <FTREF/>
                     and the quote instability threshold.
                    <SU>145</SU>
                    <FTREF/>
                     In determining the frequency of the implied volatility calculation and the quote instability threshold, the Exchange will consider the distribution of quote instability determinations, the precision of quote instability determinations, system capacity and performance, and client feedback. The Exchange believes that these factors are relevant to setting the initial values. Once the Options Trading System begins operation (subject to Commission approval of this rule proposal), the Exchange expects to also consider attributes like fill rates (resting and taking) 
                    <SU>146</SU>
                    <FTREF/>
                     and markout data,
                    <SU>147</SU>
                    <FTREF/>
                     as well as other factors it determines are relevant based on operational experience in order to optimize how both variables are set. In periodically adjusting each variable, the Exchange will consider each variable with a view towards appropriately balancing the interests of both liquidity takers and makers, as well as the need to optimize system capacity and performance. The Exchange will communicate any changes to the quote instability threshold and the implied volatility calculation frequency by Trading Alert with at least 30 days' notice.
                </P>
                <FTNT>
                    <P>
                        <SU>144</SU>
                         
                        <E T="03">See</E>
                         proposed IEX Rule 23.150(h)(1) Supplementary Material .05.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>145</SU>
                         
                        <E T="03">See</E>
                         proposed IEX Rule 23.150(h)(1) Supplementary Material .04(2)(e). The quote instability threshold will be within a range of 0-1. For example, a quote instability threshold of 1 would indicate that the expected price change in the option resulting from price movement in the underlying would be 100% of the current price of the option.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>146</SU>
                         Fill rate data measures the degree to which incoming orders are able to execute against a resting order on a venue and are a measure of the percent of shares of an order that are filled (or executed) by such venue, adjusting for factors such as the size of the order compared to the size of a venue's displayed quote. The maximum fill rate for an order is 100%.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>147</SU>
                         Markouts measure the direction and degree to which the market moved after an execution, and are often measured as the difference between the execution price and the midpoint of the NBBO at various time intervals after a trade. Markouts are typically used as a way to measure the “quality” of a trade. In particular, short-term markouts of several milliseconds after the time of execution, are often used to assess whether an order was subject to “adverse selection” that can occur when a liquidity providing order is executed at a price that was about to become stale as a result of certain speed-based trading strategies.
                    </P>
                </FTNT>
                <P>
                    The Indicator utilizes real time relative quoting activity of protected quotations from Signal Exchanges (as defined in IEX Rule 11.190(g)) in securities underlying each listed options series and a proprietary mathematical calculation (the “quote instability calculation”), as described in more detail below, to assess the probability of an adverse price change in a particular options series. When the quote instability calculation identifies an imminent adverse price change to the best Protected Bid and/or best Protected Offer of the Away Markets in a particular listed options series, it will generate a quote instability determination. A quote instability determination may only be generated at least 200 microseconds after a prior quote instability determination for a particular options series on the same side of the market (
                    <E T="03">i.e.,</E>
                     affecting resting bids or offers). If a quote instability determination is generated for an options series quoted by a Market Maker and the quote is above (below) the price level of the quote instability determination, the quote will be either cancelled or repriced to the price level of the quote instability determination, as instructed by the Market Maker.
                </P>
                <P>
                    IEX believes that offering this optional risk protection for market makers is particularly important in the options markets where market makers are exposed to added risk given their continuous quoting obligations. Although equities and options exchanges share a number of similarities, a meaningful difference is that in the listed options market, liquidity is available only on-exchange and is primarily displayed and derived from market maker quotes, and options markets, when compared to equities markets, have a much higher quote to trade ratio.
                    <SU>148</SU>
                    <FTREF/>
                     Exchange market makers in the listed options market play an essential role in providing liquidity. Moreover, given the sheer difference in magnitude of tradeable instruments in listed options as compared to equities (approximately 1.5 million listed options series compared to approximately 11,000 listed equity securities), the options exchanges often do not have the same sources of natural liquidity of buyers and sellers for each tradeable instrument as is generally the case for equities exchanges. Thus, options market makers are tasked with affirmative obligations to support the provision of liquidity to options exchanges through continuous two-sided quotes in large numbers of listed options series. As a result, IEX understands that options market makers can be subject to excessive risk of one or more quotes being executed at stale prices compared to equities market makers or other liquidity providers.
                    <SU>149</SU>
                    <FTREF/>
                     Because options market makers maintain hundreds (and sometimes thousands) of quotes on options for a given underlying security at any one time, a sudden market move in the underlying security can leave an options market maker vulnerable to being executed across multiple quotes that are stale and dislocated from the price of the underlying securities. Liquidity takers can target one or more of these stale quotes, with limited risk should they fail to execute (
                    <E T="03">i.e.,</E>
                     lost opportunity vs. trading at a stale price), before the Market Makers are able to move their quotes (often hundreds or more for a given underlying) to reflect the price change in the underlying securities, thereby exposing those Market Makers to potentially major losses.
                </P>
                <FTNT>
                    <P>
                        <SU>148</SU>
                         
                        <E T="03">See</E>
                         Staff Report on Equity and Options Market Structure Conditions in Early 2021, (Oct. 14, 2021) at 4 (explaining that options market structure is broadly similar to equities market structure and noting a key difference that displayed liquidity is primarily derived from market maker quotes), available at 
                        <E T="03">https://www.sec.gov/files/staff-report-equity-options-market-struction-conditions-early-2021.pdf; see</E>
                          
                        <E T="03">also</E>
                         Lehoczky, Sandor and Woods, Ellen and Russell, Matthew and Nguyen, Mina and Somers, James, Dead Man's Switch: Making Options Markets Safer with Active Quote Protection (May 2020) at 2 (explaining that options markets “depend especially on market makers—who account for 99.9% of open orders—to connect buyers and sellers, due to a combinatorial explosion of expirations and strike prices”), available at 
                        <E T="03">https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3675849.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>149</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Protecting Liquidity in Options Markets, Market Structure, Optiver, July 12, 2023 (concluding that “liquidity protection improves options markets” by safeguarding market makers against “excessive risk” that results from “liquidity providers maintain[ing] hundreds of quotes on a given underlying at any one time [and] a sudden market move can leave them vulnerable to showing stale, or outdated, quotes,” thereby “exposing them to potentially major losses” if unable to amend or cancel quotes before executed), available at 
                        <E T="03">https://optiver.com/insights/protecting-liquidity-in-options-markets/.</E>
                    </P>
                </FTNT>
                <P>
                    Without robust liquidity protection mechanisms to protect against these risks, Market Makers may be forced to widen their spreads, show less liquidity, or simply exit the market. Overall market quality could deteriorate as a result, and investors would suffer when it becomes too expensive to transact, or when there is insufficient liquidity to enable transacting altogether. Accordingly, liquidity protection mechanisms for Market makers, which all options exchanges offer, and IEX proposes to offer, are vital for achieving a healthy balance between market makers and liquidity takers in the listed 
                    <PRTPAGE P="12905"/>
                    options market. These include, but are not limited to, activity-based risk controls, price reasonability checks, and functionality (such as bulk quoting and purge ports) to facilitate timely quoting, quote updates, and quote cancellation.
                </P>
                <P>
                    For each options series, the Trading System will maintain a real-time estimate of the sensitivity of the series to changes in the midpoint of the best Protected Bid and best Protected Offer of the Signal Exchanges for the underlying security (based on a Black-Scholes assessment). When there is a change in the best Protected Bid or best Protected Offer of the Signal Exchanges for the underlying security, the Trading System will use the quote instability calculation formula set forth in proposed IEX Rule 23.150(h) to calculate whether to generate a quote instability determination for each options series overlying the underlying security. The Trading System independently assesses whether to generate a quote instability determination affecting resting bids or offers for each options series. A quote instability determination is generated by the Trading System when, pursuant to the quote instability calculation, the quote instability factor is greater than the defined quote instability threshold and the delta absolute value is within the delta bound band.
                    <SU>150</SU>
                    <FTREF/>
                     As proposed, the delta bound band would be uniformly applied across all options in order to more narrowly tailor deployment of the ORP to options series at the greatest risk of adverse selection based on the Exchange's assessment of relevant factors.
                </P>
                <FTNT>
                    <P>
                        <SU>150</SU>
                         As specified in Supplementary Material .04(1)(q) to proposed Rule 23.150(m), the delta bound band will be set at a value that is periodically determined by the Exchange to be at or within a range of 0-1, which determination will be communicated by Trading Alert.
                    </P>
                </FTNT>
                <P>
                    If a Market Maker has opted to utilize the ORP and its quote in an options series that was the subject of a quote instability determination is at or above (below) the price level of the quote instability determination the Trading System will either cancel the Market Maker's quote or reprice it to the price level of the quote instability determination, pursuant to the Market Maker's instruction.
                    <SU>151</SU>
                    <FTREF/>
                     Regardless of whether it chooses to use the ORP, a Market Maker will be able to adjust the price of its quote in the same manner as other Market Makers' quotes that have not opted to use the ORP.
                </P>
                <FTNT>
                    <P>
                        <SU>151</SU>
                         
                        <E T="03">See</E>
                         proposed IEX Rule 23.150(h)(1)(c).
                    </P>
                </FTNT>
                <P>
                    <E T="03">One Second Exposure Period.</E>
                     Proposed Rule 23.200 would require Options Members to expose their customers' orders on the Exchange for at least one second under certain circumstances before trading against such orders. During this one second exposure period, other Options Members will be able to enter orders to trade against the exposed order. In adopting a one second order exposure period, the Exchange is proposing a requirement that is consistent with the rules of other options exchanges.
                    <SU>152</SU>
                    <FTREF/>
                     Thus, the exposure period will allow Options Members that are members of other options exchanges to comply with proposed Rule 23.200 without programming separate time parameters into their systems for order entry or compliance purposes. The Exchange believes that market participants are sufficiently automated that a one second exposure period allows an adequate time for market participants to electronically respond to an order. Also, it is possible that market participants might wait until the end of the exposure period, no matter how long, before responding. Thus, the Exchange believes that any longer than one second would not further the protection of investors or market participants, but rather, would potentially increase market risk to investors and other market participants by creating a longer period of time for the exposed order to be subject to market risk.
                </P>
                <FTNT>
                    <P>
                        <SU>152</SU>
                         
                        <E T="03">See, e.g.,</E>
                         MEMX Rule 22.11; C1 Rule 5.9; and MIAX Options Rule 520(b).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Options Order Protection and Locked/Crossed Market Plan Rules</HD>
                <P>
                    The Exchange will participate in the Options Order Protection and Locked/Crossed Market Plan (the “Plan”),
                    <SU>153</SU>
                    <FTREF/>
                     and therefore will be required to comply with the obligations of Participants under the Plan. The Exchange proposes to adopt rules relating to the Plan that are substantially similar to the rules in place on all of the options exchanges that are Participants to the Plan. The Plan essentially applies the Regulation NMS price-protection provisions to the options markets. Similar to Regulation NMS, the Plan requires the Plan Participants to adopt rules “reasonably designed to prevent Trade-Throughs”, while exempting ISOs from that prohibition. The Plan's definition of an ISO is essentially the same as under Regulation NMS. The remaining exceptions to the trade-through prohibition, discussed more specifically below, either track those under Regulation NMS or correspond to unique aspects of the options market, or both.
                </P>
                <FTNT>
                    <P>
                        <SU>153</SU>
                         
                        <E T="03">See supra</E>
                         note 77.
                    </P>
                </FTNT>
                <P>The proposed rules in Chapter 28 (Options Order Protection and Locked and Crossed Markets Rules) conform to the requirements of the Plan. Proposed Rule 28.100 sets forth the defined terms for use under the Plan. Proposed Rule 28.110 prohibits trade-throughs and exempts ISOs from that prohibition. Proposed Rule 28.110 also contains additional exceptions to the trade-through prohibition that track the exceptions under Regulation NMS or correspond to unique aspects of the options market, or both.</P>
                <P>
                    Proposed Rule 28.120 sets forth the general prohibition against locking/crossing other eligible exchanges as well as certain enumerated exceptions that permit locked markets in limited circumstances; such exceptions have been approved by the Commission for inclusion in the rules of other options exchanges. Specifically, the exceptions to the general prohibition on locking and crossing occur when: (1) the locking or crossing quotation was displayed at a time when the Exchange was experiencing a failure, material delay, or malfunction of its systems or equipment; (2) the locking or crossing quotation was displayed at a time when there is a Crossed Market; (3) the Options Member simultaneously routed an ISO to execute against the full displayed size of any locked or crossed Protected Bid or Protected Offer; or (4) with respect to a locking quotation, the order entered on the Exchange that will lock a Protected Bid or Protected Offer, is: (i) not a Customer order, and the Exchange can determine via identification available pursuant to the OPRA Plan that such Protected Bid or Protected Offer does not represent, in whole or in part, a Customer order; or (ii) a Customer order, and the Exchange can determine via identification available pursuant to the OPRA Plan that such Protected Bid or Protected Offer does not represent, in whole or in part, a Customer order, and, on a case-by-case basis, the Customer specifically authorizes the Member to lock such Protected Bid or Protected Offer.
                    <SU>154</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>154</SU>
                         
                        <E T="03">See</E>
                         proposed Rule 28.120(b).
                    </P>
                </FTNT>
                <P>
                    The Exchange notes that the proposed rules in Chapter 28 (Options Order Protection and Locked and Crossed Markets Rules) are substantively identical to the rules of MEMX Options.
                    <SU>155</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>155</SU>
                         
                        <E T="03">See</E>
                         MEMX Rule 27.1, 27.2, and 27.3.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Securities Traded on IEX Options</HD>
                <P>
                    <E T="03">General Listing Standards.</E>
                     The Exchange proposes to adopt listing standards for options traded on IEX Options as described in Chapter 20 (Securities Traded on IEX Options), which are substantively identical to the 
                    <PRTPAGE P="12906"/>
                    equivalent MEMX Options rules,
                    <SU>156</SU>
                    <FTREF/>
                     with the exception of: (i) some language in Supplementary Material .02 to proposed Rule 20.140 concerning the $1 strike price program which is not included in the equivalent MEMX rule, and therefore borrowed from the equivalent MIAX rule; 
                    <SU>157</SU>
                    <FTREF/>
                     and (ii) the addition of language allowing the Exchange to list for closing transactions an Options series that is listed but restricted to closing transactions on another exchange.
                    <SU>158</SU>
                    <FTREF/>
                     The Exchange will join the Options Listings Procedures Plan and will list and trade options already listed on other options exchanges. The Exchange will gradually phase-in its trading of options, beginning with a selection of actively traded options.
                </P>
                <FTNT>
                    <P>
                        <SU>156</SU>
                         
                        <E T="03">See</E>
                         MEMX Rules, Chapter 19. IEX notes that the MEMX Rules include Chapter 29: Index Rules. IEX is not proposing to adopt similar rules at this time, and any references to index options in MEMX Chapter 19 are not in proposed IEX Chapter 20.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>157</SU>
                         
                        <E T="03">See</E>
                         MIAX Rule 404 Interpretation and Policy .01.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>158</SU>
                         
                        <E T="03">See</E>
                         Supplementary Material .01 to proposed Rule 20.130, which mirrors MIAX Rule 403 Interpretation and Policy .01.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Conduct and Operational Rules for Options Members</HD>
                <P>
                    The Exchange proposes to adopt rules in Chapter 19 for IEX Options that are substantively identical to the rules of MEMX Options regarding: exercises and deliveries as described in Chapter 24 (Exercises and Deliveries); records, reports and audits as described in Chapter 25 (Records, Reports and Audits); minor rule violations as described in Chapter 26 (Discipline and Summary Suspensions); doing business with the public as described in Chapter 27 (Doing Business With the Public); and margin as described in Chapter 29 (Margin Requirements).
                    <SU>159</SU>
                    <FTREF/>
                     The Exchange also proposes to adopt rules that are substantively similar to most of MEMX's Chapter 18 (Business Conduct), with the exception of proposed Rules 19.160 (Position Limits), 19.170 (Exemptions from Position Limits), 19.180 (Exercise Limits) that are substantively similar to MIAX Rules 307, 308, and 309, respectively. IEX proposed to adopt MIAX's versions of these rules because they provided specificity about the types of position limits the Exchange will apply to Options Members (as opposed to the MEMX rules, which rely on position limits set by other exchanges).
                </P>
                <FTNT>
                    <P>
                        <SU>159</SU>
                         
                        <E T="03">See</E>
                         MEMX Rules, Chapters 23, 24, 25, 26 and 28.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">National Market System</HD>
                <P>
                    IEX Options will operate as a full and equal participant in the national market system for options trading established under Section 11A of the Exchange Act.
                    <SU>160</SU>
                    <FTREF/>
                     IEX Options will become a member of the Options Price Reporting Authority (“OPRA”), the Options Linkage Authority (“OLA”), the Options Regulatory Surveillance Authority (“ORSA”), and the Options Listing Procedures Plan (“OLPP”). The Exchange expects to participate in those plans on the same terms currently applicable to current members of those plans. The Exchange is in the process of contacting the leadership of each options-related national market system plan to begin the membership process.
                </P>
                <FTNT>
                    <P>
                        <SU>160</SU>
                         15 U.S.C. 78k-1.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Regulation</HD>
                <P>
                    The Exchange will leverage many of the structures it established to operate a national securities exchange trading NMS equities securities, in compliance with Section 6 of the Exchange Act.
                    <SU>161</SU>
                    <FTREF/>
                     As described in more detail below, there will be three elements of that regulation: (1) the Exchange will join the existing options industry agreements pursuant to Section 17(d) of the Exchange Act prior to commencing operations,
                    <SU>162</SU>
                    <FTREF/>
                     as it did with respect to equities; (2) the Exchange's Regulatory Services Agreement (“RSA”) with FINRA will be amended prior to commencing operations to provide that FINRA will perform regulatory surveillance, investigation, disciplinary and hearing services of options trading on IEX subject to oversight by IEX Regulation, just as it does for equities regulation; and (3) the Exchange will perform options listing regulation, as well as authorize Options Members to trade on IEX Options. Section 17(d) of the Exchange Act and the related Exchange Act rules permit SROs to allocate certain regulatory responsibilities to avoid duplicative oversight and regulation. Under Exchange Act Rule 17d-1,
                    <SU>163</SU>
                    <FTREF/>
                     the SEC designates one SRO to be the Designated Examining Authority, or DEA, for each broker- dealer that is a member of more than one SRO. The DEA is responsible for the financial aspects of that broker-dealer's regulatory oversight. Because IEX Options Members also must be members of at least one other SRO, the Exchange would generally not expect to be designated as the DEA for any of its members.
                    <SU>164</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>161</SU>
                         15 U.S.C. 78f.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>162</SU>
                         15 U.S.C. 78q(d).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>163</SU>
                         17 CFR 240.17d-1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>164</SU>
                         If IEX were to be designated as the DEA for any of its members, FINRA would perform the DEA functions on behalf of IEX pursuant to the RSA.
                    </P>
                </FTNT>
                <P>
                    Exchange Act Rule 17d-2 
                    <SU>165</SU>
                    <FTREF/>
                     permits SROs to file with the Commission plans under which the SROs allocate among each other the responsibility to receive regulatory reports from, and examine and enforce compliance with specified provisions of the Exchange Act and rules thereunder and SRO rules by, firms that are members of more than one SRO (“common members”). If such a plan is declared effective by the Commission, an SRO that is a party to the plan is relieved of regulatory responsibility as to any common member for whom responsibility is allocated under the plan to another SRO.
                </P>
                <FTNT>
                    <P>
                        <SU>165</SU>
                         17 CFR 240.17d-2.
                    </P>
                </FTNT>
                <P>All of the options exchanges, FINRA, and NYSE have entered into the Options Sales Practices Agreement, a Rule 17d-2 agreement, and the Exchange intends to join this agreement prior to the commencement of operations for IEX Options. Under this Agreement, the examining SROs will examine firms that are common members of the Exchange and the particular examining SRO for compliance with certain provisions of the Exchange Act, certain of the rules and regulations adopted thereunder, certain examining SRO rules, and certain proposed IEX Options rules. In addition, the proposed IEX Options rules contemplate participation in this Agreement by requiring that any Options Member also be a member of at least one of the examining SROs. The Exchange and FINRA are also party to a bilateral Rule 17d-2 agreement that requires minor modifications due to the proposed launch of IEX Options. The Exchange intends to modify and seek Commission approval of the modified bilateral Rule 17d-2 agreement prior to commencing of operations for IEX Options. Additionally, all of the options exchanges and FINRA have entered into the Options-Related Market Surveillance Agreement, a Rule 17d-2 agreement, and the Exchange intends to join this agreement prior to the commencement of operations for IEX Options.</P>
                <P>
                    For those regulatory responsibilities that fall outside the scope of any Rule 17d-2 agreements, the Exchange will retain full regulatory responsibility under the Exchange Act. However, the Exchange has entered into an RSA with FINRA, as discussed above, pursuant to which FINRA personnel operate as agents for the Exchange in performing certain of these functions. The Exchange and FINRA will continue to operate under the RSA that is currently in place but with modifications as necessary to accommodate the expanded scope of the 
                    <PRTPAGE P="12907"/>
                    relationship. The necessary modifications will be implemented prior to the commencement of operations of IEX Options. As is the case with the Exchange's equities market, the Exchange will oversee FINRA and continue to bear ultimate regulatory responsibility with respect to regulatory functions not subject to allocation to FINRA or another SRO pursuant to a Rule 17d-2 Agreement for the IEX Options Exchange.
                </P>
                <P>Consistent with the Exchange's existing regulatory structure, the Exchange's Chief Regulatory Officer, reporting to the Regulatory Oversight Committee of the Exchange's board of directors, shall have general supervision of the regulatory operations of IEX Options, including responsibility for overseeing the surveillance, examination, and enforcement functions and for administering all regulatory services agreements applicable to IEX Options. Similarly, the Exchange's existing Regulatory Oversight Committee will be responsible for overseeing the adequacy and effectiveness of Exchange's regulatory and self-regulatory organization responsibilities, including those applicable to IEX Options.</P>
                <P>As it does with equities, the Exchange will monitor trading on IEX Options, both through internal reports and FINRA surveillances for the purpose of maintaining a fair and orderly market. As it does with its equities trading, the Exchange will monitor IEX Options to identify unusual trading patterns and determine whether particular trading activity requires further regulatory investigation by FINRA.</P>
                <P>
                    Finally, the Exchange will oversee the process for determining and implementing trade halts, identifying and responding to unusual market conditions, and administering the Exchange's process for identifying and remediating “obvious errors” by and among its Options Members.
                    <SU>166</SU>
                    <FTREF/>
                     The proposed rules in Chapter 21 (Regulation of Trading on IEX Options) regarding halts,
                    <SU>167</SU>
                    <FTREF/>
                     unusual market conditions, extraordinary market volatility, obvious errors, audit trail, and rules regarding prohibited and permissible transfers of options positions off the Exchange are substantively identical to the approved rules of MEMX Options.
                    <SU>168</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>166</SU>
                         IEX notes that like MEMX Rule 20.6, proposed Rule 21.150 authorizes the proposed Error Panel to review decisions made under this rule, which includes decisions to classify a transaction as a Catastrophic Error.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>167</SU>
                         Proposed Rule 21.120(b) states that during a trading halt, the Exchange shall process new and existing orders and quotes in a series in accordance with proposed Rule 22.160(g). Proposed Rule 22.160(g), which is substantively identical to NYSE Arca Options Rule 6.64P-O(g), states that during a trading halt, the Exchange will cancel all resting Market Maker quotes.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>168</SU>
                         
                        <E T="03">See</E>
                         MEMX Rules, Chapter 20.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Minor Rule Violation Plan</HD>
                <P>The Exchange's disciplinary rules, including Exchange Rules applicable to “minor rule violations,” are set forth in Chapter 9 of the Exchange's current Rules. Such disciplinary rules will apply to Options Members and their associated persons.</P>
                <P>
                    The Commission approved the Exchange's Minor Rule Violation Plan (“MRVP”) in 2016.
                    <SU>169</SU>
                    <FTREF/>
                     The Exchange's MRVP specifies the uncontested minor rule violations that are included in the MRVP and have sanctions not exceeding $2,500. Any violations that are resolved under the MRVP would not be subject to the provisions of Rule 19d-1(c)(1) under the Act 
                    <SU>170</SU>
                    <FTREF/>
                     requiring that an SRO promptly file notice with the Commission of any final disciplinary action taken with respect to any person or organization.
                    <SU>171</SU>
                    <FTREF/>
                     The Exchange's MRVP includes the policies and procedures included in Exchange Rule 9.216(b) and the violations included in Rule 9.218.
                </P>
                <FTNT>
                    <P>
                        <SU>169</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 78474 (August 3, 2016), 81 FR 52717 (August 9, 2016) (Order Declaring Effective a Minor Rule Violation Plan) (File No. 4-701).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>170</SU>
                         17 CFR 240.19d-1(c)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>171</SU>
                         The Commission adopted amendments to paragraph (c) of Rule 19d-1 to allow SROs to submit for Commission approval plans for the abbreviated reporting of minor disciplinary infractions. 
                        <E T="03">See</E>
                         Release No. 34-21013 (June 1, 1984), 49 FR 23828 (June 8, 1984). Any disciplinary action taken by an SRO against any person for violation of a rule of the SRO which has been designated as a minor rule violation pursuant to such a plan filed with and declared effective by the Commission will not be considered “final” for purposes of Section 19(d)(1) of the Act if the sanction imposed consists of a fine not exceeding $2,500 and the sanctioned person has not sought an adjudication, including a hearing, or otherwise exhausted his administrative remedies.
                    </P>
                </FTNT>
                <P>Under Rule 9.216(b), the Exchange may impose a fine (not to exceed $2,500) and/or a censure on any Member or associated person with respect to any rule listed in IEX Rule 9.218. If the Financial Industry Regulatory Authority Department of Enforcement or the Department of Market Regulation, on behalf of the Exchange, has reason to believe a violation has occurred and if the Member or associated person does not dispute the violation, the Department of Enforcement or the Department of Market Regulation may prepare and request that the Member or associated person execute a minor rule violation plan letter accepting a finding of violation, consenting to the imposition of sanctions, and agreeing to waive the Member's or associated person's right to a hearing before a Hearing Panel or, if applicable, an Extended Hearing Panel, and any right of appeal to the IEX Appeals Committee, the Board, the Commission, and the courts, or to otherwise challenge the validity of the letter, if the letter is accepted. The letter must describe the act or practice engaged in or omitted, the rule, regulation, or statutory provision violated, and the sanction or sanctions to be imposed. Unless the letter states otherwise, the effective date of any sanction imposed will be a date to be determined by IEX Regulation staff. In the event the letter is not accepted by the Member or associated person, or is rejected by the Office of Disciplinary Affairs, the matter can proceed in accordance with the Exchange's disciplinary rules, which include hearing rights for formal disciplinary proceedings.</P>
                <P>
                    The Exchange proposes to amend its MRVP and Exchange Rule 9.218 to add certain rules relating to Options as set forth in proposed Rule 26.120 (Penalty for Minor Rule Violations) to the list of rules eligible for Minor Rule Violation Plan treatment.
                    <SU>172</SU>
                    <FTREF/>
                     The rules included in proposed Rule 26.120, as appropriate for disposition under the Exchange's MRVP, are: (a) position limit and exercise limit violations; (b) violations regarding the failure to accurately report position and account information; (c) Market Maker quoting obligations; (d) violations regarding expiring exercise declarations; (e) violations relating to the failure to respond to the Exchange's requests for the submission of trade data; and (f) violations relating to noncompliance with the Consolidated Audit Trail Compliance Rule requirements. The rule violations included in proposed Rule 26.120 are the same as the rule violations included in the MRVPs of other options exchanges.
                    <SU>173</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>172</SU>
                         In its proposal to adopt the MRVP, the Exchange requested that, going forward, to the extent that there are any changes to the rules applicable to the Exchange's MRVP, the Exchange requests that the Commission deem such changes to be modifications to the Exchange's MRVP.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>173</SU>
                         
                        <E T="03">See, e.g.,</E>
                         MEMX Rules, Chapter 25.
                    </P>
                </FTNT>
                <P>
                    Upon implementation of this proposal, the Exchange will include violations of the enumerated options trading rules, if any, in an applicable Exchange's quarterly report of any actions taken on minor rule violations under the MRVP.
                    <SU>174</SU>
                    <FTREF/>
                     A quarterly report would include: the Exchange's internal file number for the case, the name of the 
                    <PRTPAGE P="12908"/>
                    individual and/or organization, the nature of the violation, the specific rule provision violated, the sanction imposed, the number of times the rule violation has occurred, and the date of disposition. The Exchange's MRVP, as proposed to be amended herein, is consistent with Sections 6(b)(1), 6(b)(5) and 6(b)(6) of the Act, which require, in part, that an exchange have the capacity to enforce compliance with, and provide appropriate discipline for, violations of the rules of the Commission and of the exchange, 6(b)(6) provides that members and persons and associated members shall be appropriately disciplined for violation of the provisions of the rules of the exchange, by expulsion, suspension, limitation of activities, functions and operations, fine, censure, being suspended or barred from being associated with a member, or any other fitting sanction.
                    <SU>175</SU>
                    <FTREF/>
                     Rule violations listed in proposed Rule 26.120 are minor in nature and will be more appropriately disciplined through the Exchange's MRVP and therefore proposes to add them to the list of rules eligible for minor rule fine disposition
                </P>
                <FTNT>
                    <P>
                        <SU>174</SU>
                         To date, the Exchange has not taken any minor rule violation actions.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>175</SU>
                         15 U.S.C. 78f(b)(1), 78f(b)(5) and 78f(b)(6).
                    </P>
                </FTNT>
                <P>
                    In addition, because Rule 9.216(b) offers procedural rights to a person sanctioned for a violation listed in proposed Rule 26.120, the Exchange will provide a fair procedure for the disciplining of members and associated persons, consistent with Section 6(b)(7) of the Act.
                    <SU>176</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>176</SU>
                         15 U.S.C. 78f(b)(7). Rule 9.216(b) does not preclude an Options Member or person associated with an Options Member from contesting an alleged violation and receiving a hearing on the matter with the same procedural rights through a litigated disciplinary proceeding.
                    </P>
                </FTNT>
                <P>
                    This proposal to include the rules listed in proposed Rule 26.120 in the Exchange's MRVP is consistent with the public interest, the protection of investors, or otherwise in furtherance of the purposes of the Act, as required by Rule 19d-1(c)(2) under the Act,
                    <SU>177</SU>
                    <FTREF/>
                     because it should strengthen the Exchange's ability to carry out its oversight and enforcement responsibilities as an SRO in cases where full disciplinary proceedings are unsuitable in view of the minor nature of the particular violation. In requesting the proposed change to the MRVP, the Exchange in no way minimizes the importance of compliance with Exchange Rules and all other rules subject to the imposition of fines under the MRVP. Minor rule fines provide a meaningful sanction for minor or technical violations of rules when the conduct at issue does not warrant stronger, immediately reportable disciplinary sanctions. The inclusion of a rule in the Exchange's MRVP does not minimize the importance of compliance with the rule, nor does it preclude the Exchange from choosing to pursue violations of eligible rules through the Exchange's disciplinary rules if the nature of the violation or prior disciplinary history warrants more significant sanctions. However, the MRVP provides a reasonable means of addressing rule violations that do not rise to the level of requiring formal disciplinary proceedings, while providing greater flexibility in handling certain violations.
                    <SU>178</SU>
                    <FTREF/>
                     The Exchange will continue to conduct surveillance with due diligence and make a determination based on its findings, on a case-by-case basis, whether a fine of more or less than the recommended amount is appropriate for a violation under the MRVP or whether a violation requires a formal disciplinary action.
                </P>
                <FTNT>
                    <P>
                        <SU>177</SU>
                         17 CFR 240.19d-1(c)(2).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>178</SU>
                         
                        <E T="03">See supra</E>
                         note 176.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Section 36 Exemption Request</HD>
                <P>
                    The Exchange proposes to incorporate by reference as IEX Options rules certain rules of the Cboe Exchange, Inc. (“CBOE”), the New York Stock Exchange (“NYSE”), and FINRA. Specifically, proposed Rule 27.250 proposes to incorporate by reference the applicable rules of FINRA with respect to Communications with Public Customers, and proposed Rule 29.120 proposes to incorporate by reference initial and maintenance margin requirements of either CBOE or NYSE. Thus, for certain IEX Options rules, Exchange members will comply with a IEX Options rule by complying with the CBOE, NYSE, or FINRA rule referenced. Using its authority under Section 36 of the Act, the Commission has previously exempted certain SROs from the requirement to file proposed rule changes under Section 19(b) of the Act when incorporating another SRO's rules by reference.
                    <SU>179</SU>
                    <FTREF/>
                     Each such exempt SRO has agreed to be governed by the incorporated rules, as amended from time to time, but, has not been required to file a separate proposed rule change with the Commission each time the SRO whose rules are incorporated by reference seeks to modify its rules. In addition, each SRO incorporated by reference only regulatory rules (
                    <E T="03">e.g.,</E>
                     margin, suitability, arbitration), not trading rules, and incorporated by reference whole categories of rules (
                    <E T="03">i.e.,</E>
                     did not “cherry-pick” certain individual rules within a category). Last, each exempt SRO had reasonable procedures in place to provide written notice to its members each time a change is proposed to the incorporated rules of another SRO in order to provide its members with notice of a proposed rule change that affects their interests, so that they would have an opportunity to comment on it.
                </P>
                <FTNT>
                    <P>
                        <SU>179</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Securities Exchange Act Release No. 49260 (February 17, 2004), 69 FR 8500 (February 24, 2004). 
                        <E T="03">See also</E>
                         Securities Exchange Act Release Nos. 57478 (March 12, 2008), 73 FR 14521, 14539-40 (March 18, 2008) (order approving SR-NASDAQ-2007-004 and SR-NASDAQ-2007-080) and 53128 (January 13, 2006), 71 FR 3550, 3565-66 (January 23, 2006) (File No. 10-131) (approving The NASDAQ Stock Market LLC's exchange application).
                    </P>
                </FTNT>
                <P>
                    In connection with this proposal, the Exchange respectfully requests, pursuant to Rule 240.0-12 under the Act,
                    <SU>180</SU>
                    <FTREF/>
                     an exemption under Section 36 of the Act from the rule filing requirements of Section 19(b) of the Act for changes to those IEX Options rules that are effected solely by virtue of a change to a cross-referenced CBOE, NYSE, or FINRA rule. The Exchange proposes to incorporate by reference categories of rules (rather than individual rules within a category) that are not trading rules. The Exchange also agrees to provide written notice to Options Members prior to the launch of IEX Options of the specific CBOE, NYSE, and FINRA rules that it will incorporate by reference. In addition, the Exchange will notify Options Members whenever CBOE, NYSE, or FINRA proposes a change to a cross-referenced CBOE, NYSE, or FINRA rule.
                    <SU>181</SU>
                    <FTREF/>
                     For the foregoing reasons, the Exchange believes that its request for exemptive relief is consistent with prior requests for, and provision of, similar exemptive relief.
                </P>
                <FTNT>
                    <P>
                        <SU>180</SU>
                         17 CFR 240.0-12.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>181</SU>
                         The Exchange will provide such notice through a posting on the same website location where the Exchange will post its own rule filings pursuant to Rule 19b-4(l) under Act, within the time frame required by that rule. The website posting will include a link to the location on the CBOE, NYSE, or FINRA websites where the proposed rule change is posted.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Amendments to Existing Exchange Rules</HD>
                <P>In addition to the rules of IEX Options proposed above, the Exchange proposes to amend certain of its existing Exchange Rules that currently apply to the Exchange's equities market in order to reflect the Exchange's proposed operation of IEX Options.</P>
                <P>
                    First, the Exchange proposes to amend Rule 2.160(i), which generally requires each Member to register at least two Principals with the Exchange subject to certain exceptions described therein, to provide that such paragraph (i) shall not apply to a Member that solely conducts business on the 
                    <PRTPAGE P="12909"/>
                    Exchange as an Options Member, however, Options Members must comply with the registration requirements set forth in proposed Rule 18.110. The Exchange notes that proposed Rule 18.110(h), which provides that every Options Member shall have at least one Options Principal and sets forth the Exchange's Options Principal registration requirements, is identical to MEMX Rule 17.2(g). In connection with this proposed change, the Exchange also proposes to amend Rule 2.160(n) to include Options Principal as a registration category and to set forth the Exchange's qualification requirements for an Options Principal, which are the same as those for an Options Principal on MEMX Options. Additionally, the Exchange proposes to amend Rule 2.160(p)(a)(4) to set forth the appropriate regulatory element continuing education module for reregistration as an Options Principal.
                </P>
                <P>The Exchange also proposes to make three modifications to Rule 2.220 (IEX Services LLC as Outbound Router). First, IEX proposes to remove the word “directly” from the first sentence of subparagraph (a), because IEX Services will continue to route orders to away markets, but as described above, with respect to options routing, it will not route those order “directly” to the away markets. Second, consistent with the first change, IEX proposes to insert a new second sentence in subparagraph (a) that reads: “When routing options orders, as set forth in Rule 22.180, IEX Services will transmit such orders to one or more routing brokers that are not affiliated with the Exchange; the routing brokers will in turn route the applicable options orders to other securities exchanges that trade options.” IEX proposes to make this change to reflect the different nature of how IEX Services will handle routing options orders from equities orders. And third, IEX proposes to modify subparagraph (a)(8) of this rule, which states that IEX Services shall maintain an error account for the purpose of addressing positions that are the result of an execution or executions that are not clearly erroneous under Rule 11.270 and result from a technical or systems issue at IEX Services, the Exchange, a routing destination, or a non-affiliate third-party routing broker that affects one or more orders (“Error Positions”). The proposed change to Rule 2.220(a)(8) would add a reference to the comparable provision to that which governs review and resolution of clearly erroneous equities transactions (i.e., Rule 11.270) but for options transactions, namely Rule 21.150, which governs review and resolution of options transactions that may qualify as obvious errors.</P>
                <P>The Exchange also proposes to adopt Rule 21.220 (Limitation of Liability), which is almost identical to the Rule 11.260, the Limitation of Liability rule in IEX's equities trading rules. The only difference is to reflect that proposed Rule 21.220 applies to IEX Options and options trading.</P>
                <P>Lastly, the Exchange proposes to amend Rule 9.218 (Violations Appropriate for Disposition Under Plan Pursuant to Exchange Act Rule 19d-1(c)(2)), which contains the list of Exchange Rule violations and recommended fine schedule, to include a new paragraph (k) referencing proposed Rule 26.120 for the recommended fines for minor rule violations of the Exchange Rules appliable to IEX Options, which the Exchange notes are the same as those of MEMX Options.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act 
                    <SU>182</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(5) of the Act 
                    <SU>183</SU>
                    <FTREF/>
                     in particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest; and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>182</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>183</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>
                    As described above, the Exchange proposes to operate its options market much as it operates its equities market today and in a manner similar to that of other options exchanges, while leveraging IEX's experience and expertise in understanding the needs of market makers to offer them additional tools designed to better manage risk and drive performance. As discussed in the Purpose section, IEX believes that the proposed enhanced liquidity protection mechanisms will result in market makers providing more competitive quotes which will benefit all market participants and thereby support the protection of investors and the public interest. Also as discussed in the Purpose section, most of the proposed IEX Options rules are based on the rules of other options exchanges, primarily MEMX, C1, MIAX, NYSE Amex, and NYSE Arca. Therefore, the Exchange does not believe these aspects of the proposed rule change that are substantively identical to other exchanges' rules raise any new or novel issues that have not been previously considered by the Commission. Moreover, the Exchange believes that the proposed functionality is consistent with Section 6(b)(5) of the Act because the Trading System is designed to be efficient and its operation transparent, thereby facilitating transactions in securities, removing impediments to and perfecting the mechanisms of a free and open national market system. As described above, the Exchange's proposed rules, including the proposed Order Types and Handling Instructions, opening procedures, routing services, and order matching process are designed to provide a simplified suite of conventional features and to comply with all applicable regulatory requirements, including the obligations of the Options Order Protection and Locked/Crossed Market Plan.
                    <SU>184</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>184</SU>
                         
                        <E T="03">See supra</E>
                         note 77.
                    </P>
                </FTNT>
                <P>
                    As discussed in the Purpose section, IEX's proposal includes a de minimis latency mechanism (or speedbump) on incoming order and quote messages designed to enable IEX to update its view of the market prior to processing orders and quotes, and a robust suite of risk protections, including the ORP, which is designed to protect market makers from excessive risk due to execution of stale quotes. IEX believes that the proposed latency mechanism will protect investors and the public interest in several respects. First, by enabling IEX to update its view of market data prior to executing an order or quote, it thereby would support IEX's ability to accurately account for contemporaneous market data. IEX notes that this aspect of its functionality is designed to facilitate market participants executing at current (
                    <E T="03">i.e.,</E>
                     not “stale”) prices. Second, by enabling the Trading System to perform the Indicator calculation with current market data, it supports operation of the ORP (as discussed herein), which is designed to provide Market Makers with an optional tool to avoid excessive risk that can arise from execution of a stale quote. As discussed in detail above, IEX believes that this protection will encourage market makers to post aggressively priced and/or deeper quotes on the Exchange which will benefit all market participants. Thus, from a functional perspective, IEX believes that the operation of the latency 
                    <PRTPAGE P="12910"/>
                    mechanism is consistent with the Act. Further, and as explained below, the proposed latency mechanism of 350 microseconds is well within the geographic delays that exist among and between the data centers that IEX Options Members and other options exchanges use 
                    <SU>185</SU>
                    <FTREF/>
                     and is consistent with the naturally occurring time indeterminism that exists in order processing.
                    <SU>186</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>185</SU>
                         
                        <E T="03">See https://www.ice.com/publicdocs/ICE_Global_Network_Factsheet.pdf</E>
                         for a description of latencies between various data centers.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>186</SU>
                         Accounting for the latency mechanism or speedbump is no different than accounting for other geographical distances between exchanges. 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 78101 (June 17, 2016), 81 FR 41142, 41161 (June 23, 2016) (“2016 SEC Approval Order”) (approving IEX's 350 microsecond speed bump in the registration of the IEX Exchange as “well within the range of geographic and technological latencies that market participants experience today” such that “latency to and from IEX will be comparable to—and even less than—delays attributable to other markets that currently are included in the NBBO,” and finding the delay to be de minimis, 
                        <E T="03">i.e.,</E>
                         so short as to not frustrate the purposes of the Exchange Act by impairing fair and efficient access to IEX's quotation); 
                        <E T="03">see also</E>
                         Securities and Exchange Act Release No. 34-89686 (August 26, 2020) (“2020 SEC Approval Order”) at 15 (determining that IEX's de minimis speed bump when routing displayed equity orders is “just like accounting for any other technological or geographic latency” and doing so is consistent with applicable rules and regulations); 
                        <E T="03">see also</E>
                          
                        <E T="03">Citadel Securities LLC</E>
                         v. 
                        <E T="03">Securities and Exchange Commission,</E>
                         45 F.4th 27, 37 (D.C. Circuit 2022) (July 29, 2022) (ruling in favor of the SEC's approval of IEX's displayed equity order that traverses a speedbump and holding that IEX's displayed equity order's delay are “similar to the delay that traders' communications already experience when traveling between various other exchanges across the country.”).
                    </P>
                </FTNT>
                <P>
                    IEX also believes that the latency mechanism is consistent with the Commission Interpretation Regarding Automated Quotations Under Regulation NMS (“de minimis delay interpretation”).
                    <SU>187</SU>
                    <FTREF/>
                     Although options markets do not have the same automated quotation requirements as in equities, even if they were to apply, the Commission's reasoning in the de minimis delay interpretation in the context of NMS automated quotations is instructive, as the latency mechanism IEX is proposing for the options exchange is a de minimis delay that does not impair fair and efficient access to an exchange's quotation. Specifically, the Commission stated in issuing its interpretation that intentional delays that are well within the geographic and technological latencies experienced by market participants when routing orders are de minimis to the extent they would not impair a market participant's ability to access a displayed quotation consistent with the goals of NMS Rule 611.
                    <SU>188</SU>
                    <FTREF/>
                     The Commission also noted that an intentional delay of any duration must be fully disclosed and codified in a written rule of the exchange, which, as described below, the latency mechanism will be fully disclosed and codified in IEX's written rules.
                    <SU>189</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>187</SU>
                         
                        <E T="03">See</E>
                         Commission Interpretation Regarding Automated Quotations Under Regulation NMS, Exchange Act Release No. 34-78102, 81 FR 40,785, 40,792 (June 23, 2016).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>188</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>189</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    IEX believes that its proposed latency mechanism of 350 microseconds is fully consistent with the reasoning in the Commission's de minimis delay interpretation.
                    <SU>190</SU>
                    <FTREF/>
                     First, the delay is less than the existing geographic latencies experienced by market participants when routing orders. For example, latency between and among the data centers located in New Jersey range up to several hundred microseconds, with additional latency introduced by technology processing on both sides of an order or quote route between these data centers.
                    <SU>191</SU>
                    <FTREF/>
                     Accordingly, the proposed latency mechanism is consistent with this aspect of the Commission's de minimis interpretation.
                </P>
                <FTNT>
                    <P>
                        <SU>190</SU>
                         IEX notes that the D.C. Circuit Court also agreed with the Commission's interpretation. The Court ruled entirely in favor of the SEC's approval of IEX's system that includes applying a speedbump and quote indicator to displayed equity orders. 
                        <E T="03">See Citadel Securities,</E>
                         45 F.4th at 36 (concluding the SEC's approval of a 350 microseconds intentional access delay for displayed orders to be “de minimis—
                        <E T="03">i.e.,</E>
                         a delay so short as to not frustrate the purposes of Rule 611 by impairing fair and efficient access to an exchange's quotations”); 
                        <E T="03">see also</E>
                          
                        <E T="03">id.</E>
                         (“The SEC's conclusion that mere de minimis delays do not cause an order to violate Regulation NMS's immediacy requirement was therefore reasonable.”)
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>191</SU>
                         
                        <E T="03">See https://www.ice.com/publicdocs/ICE_Global_Network_Factsheet.pdf.</E>
                    </P>
                </FTNT>
                <P>The proposed latency mechanism also meets the additional prongs of the de minimis interpretation, that it be fully disclosed and codified in a written rule of the exchange that has become effective pursuant to Section 19 of the Act; and that the exchange articulates how the purpose, operation, and application of the delay is consistent with the Act and the rules and regulations thereunder applicable to the exchange. The latency mechanism's operation, as proposed, would be disclosed and codified in detail in IEX Rules 22.100(n) and 22.170(g). Those provisions specify that the latency mechanism shall mean a delay of 350 microseconds that is added to each incoming order and quote message from a User prior to processing by the Trading System, and that will not apply to other communications between the Exchange and Users, Away Markets, data feeds, order processing and order execution on the IEX Options Book, and outbound communications to the Exchange's proprietary data feeds and OPRA. As discussed above, the purpose of the latency mechanism is to provide adequate time for the IEX Trading System to update its view of market data to enable it to accurately price orders as well as to perform the Indicator calculation with current market data.</P>
                <P>Consequently, based on the foregoing, the Exchange believes that the latency mechanism is both de minimis and otherwise consistent with the Act.</P>
                <P>
                    The Exchange believes that the proposed ORP is consistent with Section 6(b) of the Act 
                    <SU>192</SU>
                    <FTREF/>
                     in general, including furthering the objectives of Section 6(b)(5) of the Act,
                    <SU>193</SU>
                    <FTREF/>
                     as the proposed optional risk protection mechanism would remove impediments to and perfect the mechanism of a free and open market and a national market system and promote just and equitable principles of trade by providing an optional quote parameter, available to all IEX Options Market Makers, that is designed to assess the probability of an adverse price change in a particular options series so that the Trading System can effectuate the advance trading instructions provided by the Market Maker to cancel or reprice its quote to the price level of the quote instability determination, as selected by the Market Maker. The ORP is an optional, narrowly tailored approach designed to provide protection from excessive risk of execution of stale quotes and thereby enable market makers to make tighter and larger quotes (
                    <E T="03">i.e.,</E>
                     quotes at narrower spreads with greater size) thus enhancing the quality of the IEX Options market, to the benefit of all market participants. The Exchange believes it is appropriate to provide market makers with the choice to utilize this reasonable quote protection, particularly given the continuous quoting obligations specific to market makers and their importance in providing liquidity in the listed options market. The Exchange further believes this risk functionality will encourage market makers to provide additional depth and liquidity to the Exchange's markets, thereby removing impediments to and perfecting the mechanisms of a free and open market and a national market system and, in general, protecting investors and the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>192</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>193</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>
                    The Exchange believes that the ORP supports the protection of investors and public interest goals of the Act. As described in the Purpose section, based on the structural differences between 
                    <PRTPAGE P="12911"/>
                    equities and listed options markets, the options exchanges often do not have the same natural liquidity of buyers and sellers for each tradeable instrument (i.e., options series) as is generally the case in equities. As a result, market makers with affirmative obligations play a central role in providing liquidity to options exchanges through continuous two-sided quotes in large numbers of listed options series, thereby enabling investors to transact in listed options in accordance with their investment objectives. Because options market makers are required to maintain hundreds (and sometimes thousands) of quotes on options overlying underlying securities at any one time, a sudden market move in the underlying security can leave them vulnerable to being executed on quotes that are stale and dislocated from the price of the underlying security.
                    <SU>194</SU>
                    <FTREF/>
                     Liquidity takers can target these stale quotes, with limited risk should they fail, before the market maker has time to move its quotes to reflect the price change in the underlying security exposing them to potentially major losses.
                </P>
                <FTNT>
                    <P>
                        <SU>194</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Lehoczky, Sandor and Woods, Ellen and Russell, Matthew and Nguyen, Mina and Somers, James, Dead Man's Switch: Making Options Markets Safer with Active Quote Protection (May 2020) at 2-3, 6, available at 
                        <E T="03">https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3675849</E>
                         (discussing the need for quote protection for market makers to allow for a deep and liquid listed options market and explaining that “race conditions” negatively impact pricing efficiency, “as market makers have been shown to quote wider spreads or step back instead of continually updating with price moves for fear of being “picked off.”); 
                        <E T="03">see also</E>
                         Citadel Securities, Market Lens, July 2020, available at 
                        <E T="03">https://www.citadel.com/securities/wp-content/uploads/sites/2/2020/07/Market-Lens-Order-Cancellation-White-Paper_FINAL.pdf</E>
                         (explaining the need for risk management in electronic trading given that “traders who place limit orders—the foundation of public price discovery—are exposed to the risk that their quotations will be executed at an inopportune time, leading to potential losses” and that the “greater the risk of an inopportune execution, the more compensation is required, which leads to wider bid-ask spreads. Conversely, anything the trader can do to lower the risk of an inopportune execution will lower the compensation required, which leads to narrower bid-ask spreads.”).
                    </P>
                </FTNT>
                <P>
                    The ORP is designed to supplement the standard proposed risk checks to provide augmented protection to address the inherent risks faced by market makers. IEX believes that the operation of the ORP is similar to activity-based and price reasonability risk checks offered by other options exchanges (and proposed by IEX herein), in terms of its objective and impact on a resting quote.
                    <SU>195</SU>
                    <FTREF/>
                     Each of these risk controls will cancel an order when the control is triggered based on a determination that the price of the market maker's quote is “unreasonable” because it is no longer reflective of the price of the underlying security and therefore likely stale (price reasonability check) or that the execution activity of a market maker's quotes exceeds the market maker's risk tolerance (activity-based controls). Additionally, the trading collar and limit order protection rules of other options exchanges and those similarly proposed by IEX provide for orders to be repriced.
                </P>
                <FTNT>
                    <P>
                        <SU>195</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Market-Maker Protections, Market Structure, Optiver, July 17, 2023, available at 
                        <E T="03">https://optiver.com/insights/market-maker-protections/</E>
                         (explaining that exchanges implement robust market-maker protections to “assist market makers in coping with the risks of posting continuous, two-sided quotes in thousands of financial instruments” and to provide the ability to automatically pull or amend their quotes so that “all quotes falling within the scope of protection still resting on the book are prohibited from further execution”).
                    </P>
                </FTNT>
                <P>However, IEX notes that the proposed ORP would be more transparent than the activity-based controls in determining when a market maker quote is potentially subject to cancelation (or adjustment) because it is based on a transparent formula specified in IEX's rules and related Trading Alerts. In contrast, those triggers for an activity-based control are nonpublic and set by each exchange member.</P>
                <P>As discussed above, because of the lack of natural sources of liquidity across the multitude of listed options series, market makers are subject to affirmative obligations to maintain continuous two-sided quotes on hundreds or thousands of individual options series. While IEX proposes to offer bulk quoting and purge port functionality to market makers (in the same manner as other options exchanges), in a fast-moving market, their quotes can nonetheless become stale almost instantaneously. In those times, a sophisticated liquidity taker can target one or more stale market maker quotes before the market maker can update its quotes, thereby exposing the market maker to potentially major losses. The ORP is designed to assist market makers with an option to manage this risk, similar to the other risk controls. While some overlap is expected, IEX believes that the Indicator would potentially identify additional instances of stale quotes beyond those identified by the other price reasonability checks.</P>
                <P>
                    Further, IEX notes that the operation of the Indicator is similar to the manner in which IEX's equities market (the “Equities System”) utilizes a “crumbling quote indicator” to encourage the provision of displayed liquidity by providing reasonably tailored protections against adverse executions.
                    <SU>196</SU>
                    <FTREF/>
                     As with the crumbling quote indicator, the Indicator will be a transparent formula based on a pre-determined objective set of circumstances that will be specified in IEX's rules to identify when the Protected Bid and/or Protected Offer in a particular options series is likely to move to a less aggressive price.
                </P>
                <FTNT>
                    <P>
                        <SU>196</SU>
                         In 2016, IEX received SEC approval of the IEX's exchange system that provides a similar quote indicator for equities. 
                        <E T="03">See</E>
                         2016 SEC Approval Order (approving IEX's exchange system in its registration as a national securities exchange, which included the approval of IEX's crumbling quote indicator that assesses quote instability by utilizing a real-time, based on pre-determined, objective set of conditions that protects orders from unfavorable executions when the market is moving against them). In 2020, IEX received SEC approval to apply the quote indicator to displayed orders in equities. 
                        <E T="03">See</E>
                         2020 SEC Approval Order, supra note 189, at 6-7 (receiving unanimous support and concluding that the Exchange's displayed order proposal that included a similar quote indicator is consistent with the requirements of the Exchange Act and the rules and regulations thereunder applicable to a national securities exchange and that is designed to improve market quality, enhance price discovery, and promote just and equitable principles of trade).
                    </P>
                </FTNT>
                <P>
                    Moreover, the Options Trading System will use the ORP in a manner similar to the way in which the Equities System applies the crumbling quote indicator to resting displayed liquidity, which reprices the applicable order or quote. The functional differences between the crumbling quote indicator and the Indicator reflect that options pricing is derivative.
                    <SU>197</SU>
                    <FTREF/>
                     Thus, the Indicator will trigger when it identifies that a Protected Bid or Protected Offer is likely to move to a less aggressive price, based on a price change in the underlying security, thereby exposing the market maker to excessive risk, but, unlike the crumbling quote indicator, would reprice the quote to the price level of the quote instability determination or cancel the impacted quote and not remain “on” for a period of time after triggering. IEX believes that this approach is appropriate in view of the derivative pricing of options and that it will contribute to more displayed liquidity through improved execution quality, enhance the public price discovery process, and promote just and equitable principles of trade.
                    <SU>198</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>197</SU>
                         Because of this difference, the Indicator is designed to identify when the Protected Bid and/or Protected Offer in an option series is dislocated from the price of the underlying based on a price change in the underlying and therefore likely to be in transition to a less aggressive price, while the crumbling quote indicator utilizes changes in the protected quote in the security itself to make such a prediction.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>198</SU>
                         
                        <E T="03">See, e.g.,</E>
                         2020 SEC Approval Order, 
                        <E T="03">supra</E>
                         note 189, at 19 (concluding that IEX's exchange functionality protects against adverse selection and incentivizes more displayed liquidity through improved execution quality for liquidity providers, which contributes “to fair and orderly markets” and 
                        <PRTPAGE/>
                        supports “the public price discovery process”); at 26 (finding that the Exchange's speedbump and crumbling quote indicator promotes the interest of long term investors and inures to the “benefit of displayed markets, leading to increased displayed liquidity from which all market participants ultimately will benefit”); at 52 (concluding that the Exchange's order protection functionality “is designed to encourage market participants to post more priced limit orders, including displayed orders, on IEX, and thereby promotes just and equitable principles of trade, removes impediments to and perfects the mechanism of a free and open market and a national market, and, in general, protects investors and the public interest.”).
                    </P>
                </FTNT>
                <PRTPAGE P="12912"/>
                <P>
                    Further, the ORP would be available, as a quote parameter, only to market makers and on an optional basis, because the Exchange believes that it is most appropriate as a tool to address market maker risk. IEX believes that this approach is appropriate because market makers are subject to affirmative obligations to provide continuous two-sided quotes and cannot back away or unduly widen their quotes during periods of price volatility, as can other liquidity providers.
                    <SU>199</SU>
                    <FTREF/>
                     By offering market makers this narrowly-tailored, optional tool, IEX believes it will attract additional displayed liquidity that will be available to all market participants.
                </P>
                <FTNT>
                    <P>
                        <SU>199</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Protecting Liquidity in Options Markets, Market Structure, Optiver, July 12, 2023, available at 
                        <E T="03">https://optiver.com/insights/protecting-liquidity-in-options-markets/</E>
                         (explaining that without robust liquidity protection mechanisms for market makers to protect against the risks of displaying stale or outdated quotes, “market makers may be forced to widen their spreads, show less liquidity or simply exit the market” and overall “market quality can deteriorate” with the result of investors suffering).
                    </P>
                </FTNT>
                <P>
                    IEX also believes that use of the Indicator in determining when to trigger the ORP is consistent with the protection of investors and the public interest because the Indicator is based on the well-recognized Black-Scholes options pricing model, which IEX believes is an appropriate methodology to identify when a Market Maker's quote in an option is dislocated from the price of the underlying security based on the mathematical relationship between the price of the underlying security and the overlying options. Moreover, IEX believes that the latency mechanism 
                    <SU>200</SU>
                    <FTREF/>
                     (as discussed above) will serve to enhance the accuracy of the Indicator by providing adequate time for the IEX Trading System to update its Indicator calculation with current market data. In this regard, as discussed earlier, IEX notes that the proposed latency of 350 microseconds is well within the geographic delays that exist among and between the data centers that IEX Options Members, and other options exchanges, use and is consistent with the naturally occurring time indeterminism that exists in order processing.
                </P>
                <FTNT>
                    <P>
                        <SU>200</SU>
                         
                        <E T="03">See</E>
                         proposed IEX Rule 22.170(g).
                    </P>
                </FTNT>
                <P>Further, IEX believes that limiting the availability of the ORP to resting market maker quotes is consistent with the Act for several reasons. As discussed in depth above, market makers are integral to providing liquidity on options exchanges, and at the same time subject to a potentially excessive level of risk from execution of one or more stale quotes. Additionally, Market Makers' obligations apply across all series in their appointed class. Other liquidity providers are free to concentrate their efforts in a select number of series. Thus, Market Makers have greater exposure to latency arbitrage, take on greater risk, and incur more related capital charges than other liquidity providers. IEX determined to apply the functionality to resting quotes only as this approach will best achieve the purpose of protecting market markets from the excessive risk of executions at stale prices without disrupting market makers' ability to update their quotations.</P>
                <P>The Exchange also believes that applying the Indicator on a class-by-class basis would remove impediments to, and perfect the mechanism of, a free and open market and a national market system and promote just and equitable principles of trade. As discussed in the Purpose section, applying the Indicator on a class-by-class basis would enable the Exchange to appropriately utilize the ORP for classes with a high potential for adverse selection, while excluding classes presenting lower risk of adverse selection (such as classes with relatively lower volumes). This flexibility will therefore allow the Exchange to ensure the ORP is available for those classes with a high potential for adverse selection and where its use will achieve its intended purpose, while excluding its use where it would likely provide little additional value and could introduce unnecessary complexity (for example, for classes that are subject to a pending corporate action or other nonstandard characteristic).</P>
                <P>
                    Moreover, IEX notes that the Commission has previously recognized the utility of IEX providing protection to liquidity providers through order types that leverage its crumbling quote indicator to appropriately protect market participants from the risks of transacting when the market is in transition and thereby incentivize the entry of liquidity providing orders. The Exchange believes that the proposed ORP is consistent with this history and is in furtherance of driving tighter and deeper displayed markets to the benefit of investors.
                    <SU>201</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>201</SU>
                         
                        <E T="03">See supra</E>
                         notes 201 and 203 and accompanying text.
                    </P>
                </FTNT>
                <P>
                    IEX also believes that the proposal is consistent with the firm quote obligations of a broker-dealer pursuant to Rule 602 of Regulation NMS.
                    <SU>202</SU>
                    <FTREF/>
                     Specifically, any marketable interest that is executable against a market maker's quote that has been received by the Trading System prior to the time that a quote instability determination is received by Trading System will be automatically executed, subject to processing of any prior messages, at the price and up to the size of the market maker's quote.
                </P>
                <FTNT>
                    <P>
                        <SU>202</SU>
                         
                        <E T="03">See</E>
                         proposed IEX Rule 23.140(d).
                    </P>
                </FTNT>
                <P>
                    IEX believes that the proposed ORP is consistent with the protection of investors and the public interest, and is consistent with the Exchange Act, including furthering the objectives of Section 6(b)(5) of the Act,
                    <SU>203</SU>
                    <FTREF/>
                     because it is a narrowly-tailored approach designed to appropriately balance the risks faced by market makers with the legitimate objectives of liquidity takers by providing additional optional risk protection to market makers and thereby encourage aggressive quoting. The Exchange further believes that offering more risk management protections to Market Makers would mitigate their exposure to excessive risk. As discussed in detail above, Market Makers are required to continuously provide two-sided quotes in substantial numbers of listed options series that can create large, unintended positions exposing market makers to excessive risk. Market Maker quotes are critical to provide liquidity to the market and contribute to price discovery for investors. Without robust liquidity protection, market makers may be forced to widen their spreads, show less liquidity or simply exit the market, which can result in deterioration of market quality and adversely impact investors' and other liquidity takers' ability to transact in the options markets. In sum, liquidity protection for options market makers is vital for achieving a healthy balance between liquidity providers and liquidity takers in the options market that will promote more displayed liquidity from which all market participants ultimately will benefit.
                </P>
                <FTNT>
                    <P>
                        <SU>203</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>
                    The Exchange believes that the notice requirements specified for the variable values related to operation of the ORP and the Indicator formula appropriately differentiate those values that require the Exchange to respond to rapidly changing market conditions or system 
                    <PRTPAGE P="12913"/>
                    issues (
                    <E T="03">i.e.,</E>
                     determination of delta bound bands and class-by-class determinations) from those for which rapid Exchange decision-making is not necessary and for which more advance notice can be provided (
                    <E T="03">i.e.,</E>
                     quote instability threshold and frequency of calculation of implied volatility), thereby removing impediments to and perfecting the mechanisms of a free and open market and a national market system and, in general, protecting investors and the public interest.
                    <SU>204</SU>
                    <FTREF/>
                     The Exchange believes that the proposed rules of IEX Options, as well as the proposed method of monitoring for compliance with and enforcing such rules is also consistent with the Act, particularly Sections 6(b)(1), 6(b)(5) and 6(b)(6) of the Act, which require, in part, that an exchange have the capacity to enforce compliance with, and provide appropriate discipline for, violations of the rules of the Commission and of the exchange. The Exchange has proposed to adopt rules necessary to regulate Options Members that are nearly identical to the approved rules of other options exchanges, as described above. The Exchange proposes to regulate activity on IEX Options in the same way it regulates activity on its equities market (and comparable to other options exchanges), through various Exchange specific functions, an RSA with FINRA, as well as participation in industry plans, including plans pursuant to Rule 17d-2 under the Exchange Act.
                </P>
                <FTNT>
                    <P>
                        <SU>204</SU>
                         The Exchange further notes that other options exchanges specify various rule-based values by similar publication approaches, 
                        <E T="03">see, e.g.,</E>
                         NYSE Amex Rule 994NY (providing that the exposure period for its Broadcast Order Liquidity Delivery Mechanism is determined and released by the exchange); 
                        <E T="03">see also</E>
                         MIAX Rule 515(c)(1) (providing price protections where certain minimum price variations are determined by MIAX within a specified range and announced through regulatory circulars); 
                        <E T="03">see also</E>
                         Nasdaq Stock Market LLC Dynamic M-ELO algorithm (providing updates that include determining the holding period for impacted orders that are announced by trading alerts).
                    </P>
                </FTNT>
                <P>
                    In conclusion, for the reasons discussed above, IEX believes that the proposed rule change is consistent with the investor protection and public interest purposes of Section 6 of the Act. Additionally, IEX believes that establishing a new options market that participates in all the current (and any future) national market system plans governing options trading is consistent with Section 11A of the Act relating to the establishment of the national market system for securities.
                    <SU>205</SU>
                    <FTREF/>
                     As proposed, IEX Options will offer a simple alternative to existing options exchanges that is designed to support competitive quoting to the benefit of all market participants.
                </P>
                <FTNT>
                    <P>
                        <SU>205</SU>
                         15 U.S.C. 78k-1.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>The Exchange does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, the proposed rule change is designed to enhance competition by providing for an additional exchange market for the trading of listed options.</P>
                <P>IEX believes that this proposal will enhance competition by allowing the Exchange to leverage its existing robust technology platform to provide a resilient, deterministic, and transparent execution platform for options. The proposed rule change will insert an additional competitive dynamic to the options landscape by allowing the Exchange to compete with existing options exchanges and will promote further initiative and innovation among market centers and market participants.</P>
                <P>Further, the Exchange does not believe that the latency mechanism or optional Market Maker quote parameter aspect of the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, these features are designed to enhance IEX Option's competitiveness by incentivizing the entry of increased Market Maker liquidity.</P>
                <P>The Exchange does not believe that the proposed rule change will impose any burden on intra-market competition because it will apply to all Options Members in the same manner and any Options Member can perform any specified function subject to meeting applicable requirements.</P>
                <P>The Exchange also does not believe that the proposed latency mechanism will impose any burden on intra-market competition that is not necessary or appropriate because it will apply in the same manner to all incoming orders and quotes. Further, as noted in the Purpose section, the Exchange will determine the length of the latency mechanism with a view towards achieving a healthy balance between liquidity providers and liquidity takers.</P>
                <P>The Exchange also does not believe that the proposed ORP will impose any burden on intra-market competition that is not necessary or appropriate because it will be available in the same manner to all Market Makers and any Options Member could become a Market Maker, subject to meeting applicable requirements. The ORP is designed to mitigate Market Makers' exposure to excessive risk and thereby enable them to provide more competitive quotes to the benefit of all market participants. The Exchange also believes that limiting the ORP functionality to Market Makers will not impose any burden on intra-market competition that is not necessary and appropriate because Market Makers are subject to robust affirmative quoting obligations and thus can uniquely benefit from the protections to be provided by the ORP. The Exchange thus believes it is reasonable to provide Market Makers with an additional tool to manage their risk parameters, particularly given their unique and critical role in the listed options market and the obligations that Market Makers must satisfy. As discussed in the Purpose and Statutory Basis sections, the proposed ORP will protect resting market-maker quotes (which are subject to quoting obligations) from executions at potentially stale prices, which the Exchange believes will reduce their risk and encourage Market Makers to provide more competitive markets on the Exchange, thereby benefitting all market participants through additional execution opportunities at prices that reflect the then-current market conditions. The Exchange expects the proposed rule change to increase liquidity and enhance competition in the market because Market Makers may be able to quote more aggressively with added productions from exposure to execution risk, thereby remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest.</P>
                <P>The Exchange also does not believe that the proposal will impose any burden on inter-market competition that is not necessary or appropriate. Competing exchanges are free to adopt similar functionality, subject to the Commission rule filing process.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>Written comments were neither solicited nor received.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Within 45 days of the date of publication of the original notice in the 
                    <E T="04">Federal Register</E>
                     or within such longer period up to 90 days (i) as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory 
                    <PRTPAGE P="12914"/>
                    organization consents, the Commission will:
                </P>
                <P>(A) by order approve or disapprove the proposed rule change, or</P>
                <P>
                    (B) institute proceedings to determine whether the proposed rule change should be disapproved.
                    <SU>206</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>206</SU>
                         
                        <E T="03">See</E>
                         supra note 4 (designating April 21, 2025 as the date by which it should either approve, disapprove, or institute proceedings to determine whether to disapprove the proposed rule change).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning Amendment No. 1, including whether the proposed rule change as modified by Amendment No. 1 is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-IEX-2025-02 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-IEX-2025-02. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-IEX-2025-02 and should be submitted on or before April 9, 2025.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>207</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>207</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Vanessa A. Countryman,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04515 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-102648; File No. SR-CboeBZX-2025-034]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing of a Proposed Rule Change To Amend Rule 19.3 To Permit the Listing of Options on Commodity-Based Trust Shares</SUBJECT>
                <DATE>March 13, 2025.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 5, 2025, Cboe BZX Exchange, Inc. (the “Exchange” or “BZX”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <HD SOURCE="HD1">I. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change</HD>
                <P>Cboe BZX Exchange, Inc. (the “Exchange” or “BZX Options”) proposes to amend Rule 19.3 to permit the listing of options on Commodity-Based Trust Shares. The text of the proposed rule change is provided in Exhibit 5.</P>
                <P>
                    The text of the proposed rule change is also available on the Exchange's website (
                    <E T="03">http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/</E>
                    ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange proposes to amend Rules 19.3 regarding the criteria for underlying securities. Specifically, the Exchange proposes to amend Rule 19.3(i) to allow the Exchange to list and trade options on Fund Shares 
                    <SU>3</SU>
                    <FTREF/>
                     that 
                    <PRTPAGE P="12915"/>
                    represent interests in Commodity-Based Trusts. This is a competitive filing substantively identical to proposals submitted by other options exchanges that are currently pending with the Securities and Exchange Commission (the “Commission”).
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Rule 19.3(i) states that securities deemed appropriate for options trading shall include shares or other securities (“Fund Shares”), including but not limited to Partnership Units as defined in this Rule, that are principally traded on a national securities exchange and are defined as an “NMS stock” under Rule 600 of Regulation NMS, and that (1) represent interests in registered investment companies (or series thereof) organized as open-end management investment companies, unit investment trusts or similar entities, and that hold portfolios of securities comprising or otherwise based on or representing investments in indexes or portfolios of securities (or that hold securities in one or more other registered investment companies that themselves hold such portfolios of securities) (“Funds ”) and/or financial instruments including, but not limited to, stock index futures contracts, options on futures, options on securities and indexes, equity caps, collars and floors, swap agreements, forward contracts, repurchase agreements and reverse repurchase agreements (the “Financial Instruments”), and money market instruments, including, but not limited to, U.S. government securities and repurchase agreements (the “Money Market Instruments”) constituting or otherwise based on or representing an investment in an index or portfolio of securities and/or Financial Instruments and Money Market Instruments, or (2) represent commodity pool interests principally engaged, directly or indirectly, in holding and/or managing portfolios or baskets of securities, commodity futures contracts, options on commodity futures contracts, swaps, forward contracts and/or options on physical commodities and/or non-U.S. currency (“Commodity Pool ETFs”) or (3) represent interests in a trust or similar entity that holds a specified non-U.S. currency or currencies deposited with the trust or similar entity when aggregated in some specified minimum number may be surrendered to the trust by the beneficial owner to receive the specified non-U.S. currency or currencies and pays the beneficial owner interest and other distributions on the deposited non-U.S. currency or currencies, if any, declared and paid by the trust (“Currency Trust Shares”), or (4) represent interests in the SPDR Gold Trust or are issued by the iShares COMEX Gold 
                        <PRTPAGE/>
                        Trust or iShares Silver Trust, or the Fidelity Wise Origin Bitcoin Fund, the ARK 21Shares Bitcoin ETF, the iShares Bitcoin Trust, the Grayscale Bitcoin Trust, the Grayscale Bitcoin Mini Trust, or the Bitwise Bitcoin ETF.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102465 (February 20, 2025) (SR-ISE-2025-08); SR-NYSEArca-2025-16 (February 24, 2025); and SR-NYSEAmerican-2025-07 (February 24, 2025).
                    </P>
                </FTNT>
                <P>
                    A Commodity-Based Trust is defined in Cboe BZX Exchange, Inc. 14.11(e)(4), NYSE Arca, Inc. Rule 8.201(c)(1), and The Nasdaq Stock Market LLC Rule 5711(d)(iv) as a security (a) that is issued by a trust (“Trust”) that holds (1) a specified commodity deposited with the Trust, or (2) a specified commodity and, in addition to such specified commodity, cash; (b) that is issued by such Trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (c) that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such Trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash. The Exchange proposes to amend Rule 19.3(i) to provide that securities deemed appropriate for options trading include Fund Shares that represent interests in a security (A) issued by a trust that holds (i) a specified commodity deposited with the trust, or (ii) a specified commodity and, in addition to such specified commodity, cash; (B) that is issued by such trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (C) that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash (“Commodity-Based Trust Share”). The proposed rule change removes from that rule provision references to the SPDR Gold Trust, the iShares COMEX Gold Trust, the iShares Silver Trust, the Aberdeen Standard Physical Silver Trust, the Aberdeen Standard Physical Gold Trust, the Aberdeen Standard Physical Palladium Trust, the Aberdeen Standard Physical Platinum Trust, the Sprott Physical Gold Trust, the Goldman Sachs Physical Gold ETF, the Fidelity Wise Origin Bitcoin Fund, the ARK 21Shares Bitcoin ETF, the iShares Bitcoin Trust, the Grayscale Bitcoin Trust, the Grayscale Bitcoin Mini Trust, or the Bitwise Bitcoin ETF, which are all Commodity-Based Trust Shares, thus making references to those trusts no longer necessary. As a result of this proposed rule change, the Exchange's listing criteria would allow any ETF approved to list on a primary equities market as a Commodity-Based Trust Share to qualify as an underlying for options traded on the Exchange, provided other listing criteria have been met.
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         The Exchange believes this proposal is consistent with the Options Clearing Corporation (“OCC”) recent amendment of “Fund Share” (which covers ETFs), as defined in OCC's By-Laws (including the Interpretation and Policy), to remove references to specific precious metal commodity-based ETFs as “no longer relevant or necessary.” 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 102018 (December 20, 2024), 89 FR 106660 (December 30, 2024) (SR-OCC-2024-018). The impetus for this rule change was the staff advisory issued by the Commodity Futures Trading Commission (“CFTC”) that deemed it “`substantially likely' that spot commodity ETF shares would be held to be securities” which, in turn, resulted in the OCC's determination that “it no longer needs to seek product-by-product exemptive relief from the CFTC to clear spot commodity-based ETF products, including precious metals commodity-based ETFs.” 
                        <E T="03">See id.</E>
                         at 106661; 
                        <E T="03">see also</E>
                         CFTC Staff Advisory Relating to the Clearing of Options on Spot Commodity Exchange Traded Funds (ETFs), Letter No. 24-16 (Nov. 15, 2024), 
                        <E T="03">available at https://www.cftc.gov/csl/24-16/</E>
                         download.
                    </P>
                </FTNT>
                <P>
                    The Exchange's initial listing standards for Fund Shares on which options may be listed and traded on the Exchange will apply to Commodity-Based Trust Shares. Pursuant to Rule 19.3(a), a security (which includes a Fund Share) on which options may be listed and traded on the Exchange must be duly registered (with the Commission) and be an NMS stock (as defined in Rule 600 of Regulation NMS under the Securities Exchange Act of 1934, as amended (the “Act”)), and be characterized by a substantial number of outstanding shares that are widely held and actively traded. Additionally, Rule 19.3(i) requires that Fund Shares must either (1) meet the criteria and standards set forth in Rule 19.3(a) and (b) 
                    <SU>6</SU>
                    <FTREF/>
                     or (2) be available for creation or redemption each business day in cash or in kind from the investment company, commodity pool or other entity at a price related to net asset value, and the investment company, commodity pool or other entity is obligated to provide that Fund Shares may be created even if some or all of the securities and/or cash required to be deposited have not been received by the Fund, the unit investment trust or the management investment company, provided the authorized creation participant has undertaken to deliver the securities and/or cash as soon as possible and such undertaking is secured by the delivery and maintenance of collateral consisting of cash or cash equivalents satisfactory to the Fund, all as described in the Fund's or unit trust's prospectus.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         Rule 19.3(b) provides for guidelines to be followed by the Exchange when evaluating potential underlying securities for Exchange option transactions.
                    </P>
                </FTNT>
                <P>
                    Additionally, Commodity-Based Trust Shares will also be subject to the Exchange's set forth in Rule 19.4(g) for Fund Shares deemed appropriate for options trading pursuant to Rule 19.3(i). Rule 19.4(g) provides that Fund Shares approved for options trading pursuant to Rule 19.3 will not be deemed to meet the requirements for continued approval, and the Exchange shall not open for trading any additional series of option contracts of the class covering such Fund Shares if the security is delisted from trading as provided in Rule 19.4(b)(4) (
                    <E T="03">i.e.,</E>
                     the underlying security ceases to be an “NMS stock” as defined in Rule 600 of Regulation NMS under the Act). In addition, the Exchange shall consider suspension of opening transactions in any series of options of the class covering Fund Shares in any of the following circumstances: in the case of options covering Fund Shares approved pursuant to Rule 19.3(i)(4)(A), in accordance with Rule 19.4(b)(1), (2), and (3); (2) in the case of options covering Fund Shares approved pursuant to Rule 19.3(i)(4)(B), following the initial 12-month period beginning upon the commencement of trading in the Fund Shares on a national securities exchange and are defined as NMS stock under Rule 600 of Regulation NMS, there were fewer than 50 record and/or beneficial holders of such Fund Shares for 30 consecutive days; (3) the value of the index, non-U.S. currency, portfolio of commodities including commodity futures contracts, options on commodity futures contracts, swaps, forward contracts and/or options on physical commodities and/or Financial Instruments or Money Market Instruments, or portfolio of securities on which the Fund Shares are based is no longer calculated or available; or (4) such other event occurs or condition exists that in the opinion of the Exchange makes further dealing in such options on the Exchange inadvisable. The Exchange notes that Fund Shares that hold financial instruments, money market instruments, precious metal commodities, or cryptocurrencies that are deemed commodities on which the Exchange may already list and trade options pursuant to Rule 19.3(i) are trusts structured in substantially the same manner as options on a 
                    <PRTPAGE P="12916"/>
                    Commodity-Based Trust Share and essentially offer the same objectives and benefits to investors, just with respect to different assets. The Exchange notes that it has not identified any issues with the continued listing and trading of any Fund Share options, including Fund Shares that hold commodities (
                    <E T="03">e.g.,</E>
                     precious metals, cryptocurrencies) that it currently lists and trades on the Exchange.
                </P>
                <P>
                    Options on a Commodity-Based Fund Share will be physically settled contracts with American-style exercise.
                    <SU>7</SU>
                    <FTREF/>
                     Consistent with current Rule 19.6, which governs the opening of options series on a specific underlying security (including ETFs), the Exchange will open at least one expiration month and one series of options on a Commodity-Based Fund Share 
                    <SU>8</SU>
                    <FTREF/>
                     at the commencement of trading on the Exchange and may also list series of options on a Commodity-Based Fund Share for trading on a weekly,
                    <SU>9</SU>
                    <FTREF/>
                     monthly,
                    <SU>10</SU>
                    <FTREF/>
                     or quarterly basis.
                    <SU>11</SU>
                    <FTREF/>
                     The Exchange may also list long-term options series that expire from 12 to 39 months from the time they are listed.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Rule 19.2, which provides that the rights and obligations of holders and writers are set forth in the Rules of the Options Clearing Corporation (“OCC”); 
                        <E T="03">and</E>
                         Equity Options Product Specifications January 3, 2024), available at Equity Options Specifications (cboe.com); 
                        <E T="03">see also</E>
                         OCC Rules, Chapters VIII (which governs exercise and assignment) and Chapter IX (which governs the discharge of delivery and payment obligations arising out of the exercise of physically settled stock option contracts).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6(b) and (e). The monthly expirations are subject to certain listing criteria for underlying securities described within Rule 19.3. Monthly listings expire the third Friday of the month. The term “expiration date” (unless separately defined elsewhere in the OCC By-Laws), when used in respect of an option contract (subject to certain exceptions), means the third Friday of the expiration month of such option contract, or if such Friday is a day on which the exchange on which such option is listed is not open for business, the preceding day on which such exchange is open for business. 
                        <E T="03">See</E>
                         OCC By-Laws Article I, Section 1. Pursuant to Rule 19.6(c), additional series of options of the same class may be opened for trading on the Exchange when the Exchange deems it necessary to maintain an orderly market, to meet customer demand or when the market price of the underlying stock moves more than five strike prices from the initial exercise price or prices. New series of options on an individual stock may be added until the beginning of the month in which the options contract will expire. Due to unusual market conditions, the Exchange, in its discretion, may add a new series of options on an individual stock until the close of trading on the business day prior to expiration.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6, Interpretation and Policy .05.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6, Interpretation and Policy .08.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6, Interpretation and Policy .04.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         Rule 19.8.
                    </P>
                </FTNT>
                <P>
                    Pursuant to Rule 19.6, Interpretation and Policy .01, which governs strike prices of series of options on Fund Shares, the interval of strike prices for series of options on Commodity-Based Fund Shares may be $1 or greater where the strike price is $200 or less or $5 or greater where the strike price is over $200.
                    <SU>13</SU>
                    <FTREF/>
                     Additionally, the Exchange may list series of options pursuant to the $1 Strike Price Interval Program,
                    <SU>14</SU>
                    <FTREF/>
                     the $0.50 Strike Program,
                    <SU>15</SU>
                    <FTREF/>
                     the $2.50 Strike Price Program,
                    <SU>16</SU>
                    <FTREF/>
                     and the $5 Strike Program.
                    <SU>17</SU>
                    <FTREF/>
                     Pursuant to Rule 21.5, where the price of a series of a Commodity-Based Fund Share option is less than $3.00, the minimum increment will be $0.05, and where the price is $3.00 or higher, the minimum increment will be $0.10.
                    <SU>18</SU>
                    <FTREF/>
                     Any and all new series of Commodity-Based Fund Share options that the Exchange lists will be consistent and comply with the expirations, strike prices, and minimum increments set forth in Rules 19.6 and 21.5, as applicable.
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         The Exchange notes that for options listed pursuant to the Short Term Option Series Program, Rule 19.6, Interpretation and Policy .05 sets forth intervals between strike prices for Short Term Option Series.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6, Interpretations and Policies .01 and .02.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6, Interpretation and Policy .06.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6, Interpretation and Policy .03.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See</E>
                         Rule 19.6(d)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         If options on a Commodity-Based Fund Share are eligible to participate in the Penny Interval Program, the minimum increment will be $0.01 for series with a price below $3.00 and $0.05 for series with a price at or above $3.00. 
                        <E T="03">See</E>
                         21.5(d) (which describes the requirements for the Penny Interval Program).
                    </P>
                </FTNT>
                <P>Options on a Commodity-Based Trust Share will trade in the same manner as options on other ETFs on the Exchange. The Exchange Rules that currently apply to the listing and trading of all Fund Share options on the Exchange, including, for example, Rules that govern listing criteria, expirations, exercise prices, minimum increments, position and exercise limits, margin requirements, customer accounts, and trading halt procedures will apply to the listing and trading of options on Commodity-Based Trust Shares on the Exchange in the same manner as they apply to other options on all other Fund Shares that are listed and traded on the Exchange.</P>
                <P>
                    Position and exercise limits for options, including options on a Commodity-Based Trust Share, are determined pursuant to Rules 18.7 and 18.9, respectively, which refer to position and exercise limits fixed by Cboe Exchange, Inc. (“Cboe Options”).
                    <SU>19</SU>
                    <FTREF/>
                     Pursuant to Cboe Options Rule 8.30 and 8.42, position and exercise limits for options on ETFs vary according to the number of outstanding shares and the trading volumes of the underlying security over the past six months, where the largest in capitalization and the most frequently traded funds have an option position and exercise limit of 250,000 contracts (with adjustments for splits, re-capitalizations, etc.) on the same side of the market; and smaller capitalization funds have position and exercise limits of 200,000, 75,000, 50,000 or 25,000 contracts (with adjustments for splits, re-capitalizations, etc.) on the same side of the market.
                    <SU>20</SU>
                    <FTREF/>
                     Further, the Exchange notes that Rule 28.3, which governs margin requirements applicable to the trading of all options on the Exchange, including options on ETFs, will also apply to the trading of options on a Commodity-Based Trust Share
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         Cboe Options submitted a separate substantively identical proposal to list options on Commodity-Based Trust Shares.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See</E>
                         Cboe Options Rule 8.30, Interpretation and Policy .02.
                    </P>
                </FTNT>
                <P>
                    The Exchange represents it has an adequate surveillance program in place for options and intends to apply those same program procedures to options on Commodity-Based Fund Shares that it applies to the Exchange's other options products.
                    <SU>21</SU>
                    <FTREF/>
                     The Exchange believes that existing surveillance procedures are designed to deter and detect possible manipulative behavior which might potentially arise from listing and trading the proposed options on Commodity-Based Trust Shares. Additionally, the Exchange is a member of the Intermarket Surveillance Group (“ISG”) under the Intermarket Surveillance Group Agreement. ISG members work together to coordinate surveillance and investigative information sharing in the stock, options, and futures markets. In addition, the Exchange has a Regulatory Services Agreement with the Financial Industry Regulatory Authority (“FINRA”) for certain market surveillance, investigation and examinations functions. Pursuant to a multi-party 17d-2 joint plan, all options exchanges allocate amongst themselves and FINRA responsibilities to conduct certain options-related market surveillance that are common to rules of all options exchanges.
                    <SU>22</SU>
                    <FTREF/>
                     Further, the 
                    <PRTPAGE P="12917"/>
                    Exchange will implement any new surveillance procedures it deems necessary to effectively monitor the trading of options on Commodity-Based Fund Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         The surveillance program includes surveillance patterns for price and volume movements as well as patterns for potential manipulation (
                        <E T="03">e.g.,</E>
                         spoofing and marking the close).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         Section 19(g)(1) of the Act, among other things, requires every self-regulatory organization (“SRO”) registered as a national securities exchange or national securities association to comply with the Act, the rules and regulations thereunder, and the SRO's own rules, and, absent reasonable justification or excuse, enforce compliance by its members and persons associated with its members. 
                        <E T="03">See</E>
                         15 U.S.C. 78q(d)(1) and 17 CFR 240.17d-2. Section 17(d)(1) of the Act allows the Commission to relieve an SRO of certain responsibilities with respect to members of the SRO who are also members of another SRO (“common members”). 
                        <PRTPAGE/>
                        Specifically, Section 17(d)(1) allows the Commission to relieve an SRO of its responsibilities to: (i) receive regulatory reports from such members; (ii) examine such members for compliance with the Act and the rules and regulations thereunder, and the rules of the SRO; or (iii) carry out other specified regulatory responsibilities with respect to such members.
                    </P>
                </FTNT>
                <P>The Exchange has also analyzed its capacity and represents that it believes the Exchange and the Options Price Reporting Authority (“OPRA”) have the necessary systems capacity to handle the additional traffic associated with the listing of new series of ETFs, including on Commodity-Based Trust Shares, up to the number of expirations currently permissible under the Rules. The Exchange believes any additional traffic generated from the trading of options on Commodity-Based Trust Shares would be manageable. The Exchange represents that Exchange members will not have a capacity issue as a result of this proposed rule change.</P>
                <P>
                    Further, quotation and last sale information for Commodity-Based Trust Shares is available via the Consolidated Tape Association (“CTA”) high speed line. Quotation and last sale information for such securities is also available from the exchange on which such securities are listed. Quotation and last sale information for options on Commodity-Based Fund Shares will be available via OPRA 
                    <SU>23</SU>
                    <FTREF/>
                     and major market data vendors.
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         Last sale reports and quotations are the core of the information that OPRA disseminates. OPRA also disseminates certain other types of information with respect to the trading of options on the markets of the OPRA participants, such as the number of options contracts traded, open interest and end of day summaries. OPRA also disseminates certain kinds of administrative messages.
                    </P>
                </FTNT>
                <P>
                    The Exchange notes that the Commission has previously approved generic listing standards pursuant to Rule 19b-4(e) of the Act 
                    <SU>24</SU>
                    <FTREF/>
                     for ETFs based on indexes that consist of stocks listed on U.S. exchanges.
                    <SU>25</SU>
                    <FTREF/>
                     In addition, the Commission has previously approved proposals for the listing and trading of options on ETFs based on international indexes as well as global indexes (
                    <E T="03">e.g.,</E>
                     based on non-U.S. and U.S. component stocks).
                    <SU>26</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         17 CFR 240.19b-4(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 54739 (November 9, 2006), 71 FR 66993 (November 17, 2006) (SR-AMEX-2006-78) (approval order relating to generic listing standards for ETFs based on international or global indexes).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         
                        <E T="03">See, e.g.,</E>
                         Securities Exchange Act Release Nos. 56778 (November 9, 2007), 72 FR 65113 (November 19, 2007) (SR-AMEX-2007-100) (approval order to list and trade options on iShares MSCI Mexico Index Fund); and 55648 (April 19, 2007), 72 FR 20902 (April 26, 2007) (SR-AMEX-2007-09) (approval order to list and trade options on Vanguard Emerging Markets ETF); 
                        <E T="03">see also</E>
                         Securities Exchange Act Release Nos. 50189 (August 12, 2004), 69 FR 51723 (August 20, 2004) (SR-AMEX-2001-05) (approving the listing and trading of certain Vanguard International Equity Index Funds); and 44700 (August 14, 2001), 66 FR 43927 (August 21, 2001) (SR-2001-34) (approving the listing and trading of series of the iShares Trust based on foreign stock indexes).
                    </P>
                </FTNT>
                <P>
                    In approving Commodity-Based Trust Shares for equities exchange trading, the Commission thoroughly considered the structure of the Commodity-Based Trust Shares, their usefulness to investors and to the markets, and self-regulatory organization rules that govern their trading. The Exchange believes that allowing the listing of options overlying Commodity-Based Trust Shares that are listed pursuant to Commission approval on equities exchanges and applying Rule 19b-4(e) 
                    <SU>27</SU>
                    <FTREF/>
                     should fulfill the intended objective of that rule by allowing options on those Commodity-Based Trust Shares that have satisfied the generic listing standards to commence trading, without the need for the public comment period and Commission approval. The proposed rule change has the potential to significantly reduce the time and costs associated with bringing options on Commodity-Based Trust Shares to market, thereby reducing the burden on issuers and other market participants, while also promoting competition among options exchanges, to the benefit of the investing public. The failure of a particular Commodity-Based Trust Share to comply with the generic listing standards under Rule 19b-4(e) 
                    <SU>28</SU>
                    <FTREF/>
                     would not, however, preclude the Exchange from submitting a separate filing pursuant to Section 19(b)(2) 
                    <SU>29</SU>
                    <FTREF/>
                     requesting Commission approval to list and trade options on a particular Commodity-Based Trust Share.
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         17 CFR 240.19b-4(e).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         15 U.S.C. 78s(b)(2).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the “Act”) and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.
                    <SU>30</SU>
                    <FTREF/>
                     Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>31</SU>
                    <FTREF/>
                     requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>32</SU>
                    <FTREF/>
                     requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    In particular, the Exchange believes the proposal will remove impediments to and perfect the mechanism of a free and open market and a national market system because it would allow the Exchange to immediately list and trade options on Commodity-Based Trust Shares, provided the initial listing criteria has been met, without requiring additional approvals from the Commission.
                    <SU>33</SU>
                    <FTREF/>
                     Commodity-Based Trust Shares are securities approved for trading by the Commission. The Exchange believes that allowing options on qualifying Commodity-Based Trust Shares soon after the listing of such underlying security in the primary market will benefit investors and the public interest as it will afford market participants the opportunity to hedge their positions in the underlying ETF in a timely manner. Given the potential to reduce the time to market for options on Commodity-Based Trust Shares, the proposed rule change will also reduce the burdens on issuers and other market participants, while also promoting competition among options exchanges to the benefit of the investing public. This proposal will enable the listing of options on Commodity-Based Trust Shares in the same manner as other securities listed and traded on the Exchange. The Exchange notes that most ETFs are eligible for options trading without the need for additional approvals, provided the ETFs meet the initial listing criteria. Accordingly, the proposed rule change would align the treatment of Commodity-Based Trust Shares with other ETFs for purposes of options trading, which would add internal consistency to Exchange rules.
                </P>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         As noted herein, the Exchange believes this proposal is consistent with the OCC's determination that, based on a staff advisory from the CFTC, the “it no longer needs to seek product-by-product exemptive relief from the CFTC to clear spot commodity-based ETF products.” 
                        <E T="03">See supra</E>
                         note 5.
                    </P>
                </FTNT>
                <P>
                    The Exchange believes that the proposed rule change will facilitate the listing and trading of options on additional ETFs that will enhance competition among market participants, 
                    <PRTPAGE P="12918"/>
                    to the benefit of investors and the marketplace. Like options on any other securities, options on Commodity-Based Trust Shares will provide investors with the ability to hedge exposure to the underlying security. The Exchange believes that offering options on Commodity-Based Trust Shares will benefit investors by providing them with a relatively lower-cost risk management tool, which will allow them to manage their positions and associated risk in their portfolios more easily in connection with exposure to the price of a commodity. Additionally, the Exchange's offering of options on Commodity-Based Trust Shares will provide investors with the ability to transact in such options in a listed market environment as opposed to in the unregulated over-the-counter market, which would increase market transparency and enhance the process of price discovery conducted on the Exchange through increased order flow to the benefit of all investors.
                </P>
                <P>
                    As noted herein, the Exchange already lists options on other commodity-based ETFs,
                    <SU>34</SU>
                    <FTREF/>
                     which are trusts structured in substantially the same manner as Commodity-Based Trust Shares. The Exchange has not identified any issues with the continued listing and trading of options on Commodity-Based Trust Shares. The Exchange also believes the proposed rule change will remove impediments to and perfect the mechanism of a free and open market and a national market system, because it is consistent with current Exchange Rules previously filed with the Commission. Options on Commodity-Based Trust Shares must satisfy the initial listing standards and continued listing standards currently in the Exchange Rules applicable to options on all ETFs, including ETFs that hold other commodities already deemed appropriate for options trading on the Exchange.
                    <SU>35</SU>
                    <FTREF/>
                     Options on Commodity-Based Trust Shares will trade in the same manner as any other ETF options—the same Exchange Rules that currently govern the listing and trading of options, including permissible expirations, strike prices minimum increments, position and exercise limits, and margin requirements, will govern the listing and trading of options on Commodity-Based Trust Shares in the same manner.
                </P>
                <FTNT>
                    <P>
                        <SU>34</SU>
                         See Rule 19.3(i).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>35</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <P>
                    The Exchange believes the proposed rule change will result in increased competition as other exchanges will likely adopt an identical rule to the one proposed by the Exchange that would allow the listing and trading of options on Commodity-Based Trust Shares that are approved for trading on those other markets.
                    <SU>36</SU>
                    <FTREF/>
                     Multiple listing of ETFs, options and other securities and competition are some of the central features of the national market system. The Exchange believes that the proposal would encourage a more open market and national market system based on competition and multiple listing. The Exchange represents that it has the necessary systems capacity to support the listing and trading of options on Commodity-Based Trust Shares as the Exchange lists these products today, except that it requires additional approvals prior to listing. The Exchange believes that its existing surveillance and reporting safeguards are designed to deter and detect possible manipulative behavior which might arise from listing and trading of options on Commodity-Based Trust Shares.
                </P>
                <FTNT>
                    <P>
                        <SU>36</SU>
                         
                        <E T="03">See supra</E>
                         note 4.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>The Exchange does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, the Exchange believes that the proposal is pro-competitive and is a competitive response to the Exchange's inability to list options on Commodity-Based Trust Shares without submitting a separate proposed rule change. The Exchange believes the proposed rule change will result in additional investment options and opportunities to achieve the investment objectives of market participants seeking efficient trading and hedging vehicles, to the benefit of investors, market participants, and the marketplace in general. Competition is one of the principal features of the national market system. The Exchange believes that this proposal will expand competitive opportunities to list and trade products on the Exchange as noted.</P>
                <P>The Exchange does not believe the proposal will impose any burden on intramarket competition that is not necessary or appropriate in furtherance of the purposes of the Act because Commodity-Based Trust Shares, like any other ETF, would have to satisfy the Exchange's initial listing standards to be eligible for options trading. Additionally, the proposed rule change would apply to all market participants in the same manner as options on Commodity-Based Trust Shares will be equally available to all market participants who wish to trade such options.</P>
                <P>
                    The Exchange does not believe the proposal will impose any burden on inter-market competition that is not necessary or appropriate in furtherance of the purposes of the Act, as nothing prevents the other options exchanges from proposing similar rules to list and trade options on Commodity-Based Trust Shares. As noted herein, other options exchanges have submitted proposed rule changes to adopt identical rules to permit the listing and trading of options on Commodity-Based Trust Shares without submitting a separate proposed rule change.
                    <SU>37</SU>
                    <FTREF/>
                     Furthermore, the Exchange notes that listing and trading options on a Commodity-Based Trust Share on the Exchange will subject such options to transparent exchange-based rules as well as price discovery and liquidity, as opposed to alternatively trading such options in the OTC market. The Exchange believes that the proposed rule change may relieve any burden on, or otherwise promote, competition as it is designed to increase competition for order flow on the Exchange in a manner that is beneficial to investors by providing them with a lower-cost option to hedge their investment portfolios in a timely manner.
                </P>
                <FTNT>
                    <P>
                        <SU>37</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received written comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Within 45 days of the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                     or within such longer period up to 90 days (i) as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the Exchange consents, the Commission will:
                </P>
                <P>A. by order approve or disapprove such proposed rule change, or</P>
                <P>B. institute proceedings to determine whether the proposed rule change should be disapproved.</P>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>
                    Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. 
                    <PRTPAGE P="12919"/>
                    Comments may be submitted by any of the following methods:
                </P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-CboeBZX-2025-034 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-CboeBZX-2025-034. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-CboeBZX-2025-034 and should be submitted on or before April 9, 2025.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>38</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>38</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04503 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SMALL BUSINESS ADMINISTRATION</AGENCY>
                <DEPDOC>[Disaster Declaration #20981 and #20982; WEST VIRGINIA Disaster Number WV-20016]</DEPDOC>
                <SUBJECT>Presidential Declaration Amendment of a Major Disaster for the State of West Virginia</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Small Business Administration.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Amendment 2.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is an amendment of the Presidential declaration of a major disaster for the State of West Virginia (FEMA-4861-DR), dated February 26, 2025.</P>
                    <P>
                        <E T="03">Incident:</E>
                         Severe Storm, Straight-line Winds, Flooding, Landslides and Mudslides.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Issued on March 11, 2025.</P>
                    <P>
                        <E T="03">Incident Period:</E>
                         February 15, 2025, through February 18, 2025.
                    </P>
                    <P>
                        <E T="03">Physical Loan Application Deadline Date:</E>
                         April 28, 2025.
                    </P>
                    <P>
                        <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>
                         November 26, 2025.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        <E T="03">Visit the MySBA Loan Portal at https://lending.sba.gov</E>
                         to apply for a disaster assistance loan.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Alan Escobar, Office of Disaster Recovery &amp; Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of the President's major disaster declaration for the State of West Virginia, dated February 26, 2025, is hereby amended to update the incident period for this disaster as beginning February 15, 2025 and continuing through February 18, 2025.</P>
                <P>All other information in the original declaration remains unchanged.</P>
                <EXTRACT>
                    <FP>(Catalog of Federal Domestic Assistance Number 59008)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>James Stallings,</NAME>
                    <TITLE>Associate Administrator, Office of Disaster Recovery &amp; Resilience.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04562 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8026-09-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SMALL BUSINESS ADMINISTRATION</AGENCY>
                <DEPDOC>[Disaster Declaration #20987 and #20988; ILLINOIS Disaster Number IL-20012]</DEPDOC>
                <SUBJECT>Administrative Declaration of a Disaster for the State of Illinois</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Small Business Administration.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of an Administrative declaration of a disaster for the State of Illinois dated March 13, 2025.</P>
                    <P>
                        <E T="03">Incident:</E>
                         Tatra Multi-Family Apartment Complex Fire.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Issued on March 13, 2025.</P>
                    <P>
                        <E T="03">Incident Period:</E>
                         January 25, 2025.
                    </P>
                    <P>
                        <E T="03">Physical Loan Application Deadline Date:</E>
                         May 12, 2025.
                    </P>
                    <P>
                        <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>
                         December 15, 2025.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        <E T="03">Visit the MySBA Loan Portal at https://lending.sba.gov</E>
                         to apply for a disaster assistance loan.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Alan Escobar, Office of Disaster Recovery &amp; Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given, as a result of the Administrator's disaster declaration, applications for disaster loans may be submitted online using the MySBA Loan Portal 
                    <E T="03">https://lending.sba.gov</E>
                     or other locally announced locations. Please contact the SBA disaster assistance customer service center by email at 
                    <E T="03">disastercustomerservice@sba.gov</E>
                     or by phone at 1-800-659-2955 for further assistance.
                </P>
                <P>The following areas have been determined to be adversely affected by the disaster:</P>
                <FP SOURCE="FP-2">
                    <E T="03">Primary Counties:</E>
                     Cook
                </FP>
                <FP SOURCE="FP-2">
                    <E T="03">Contiguous Counties:</E>
                </FP>
                <FP SOURCE="FP1-2">Illinois: DuPage, Kane, Lake, McHenry, Will</FP>
                <FP SOURCE="FP1-2">Indiana: Lake</FP>
                <P>The Interest Rates are:</P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s50,8">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1">Percent</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="22">
                            <E T="03">For Physical Damage:</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Homeowners with Credit Available Elsewhere</ENT>
                        <ENT>5.125</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Homeowners without Credit Available Elsewhere</ENT>
                        <ENT>2.563</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Businesses with Credit Available Elsewhere</ENT>
                        <ENT>8.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Businesses without Credit Available Elsewhere</ENT>
                        <ENT>4.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Non-Profit Organizations with Credit Available Elsewhere</ENT>
                        <ENT>3.625</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Non-Profit Organizations without Credit Available Elsewhere</ENT>
                        <ENT>3.625</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22">
                            <E T="03">For Economic Injury:</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Business and Small Agricultural Cooperatives without Credit Available Elsewhere</ENT>
                        <ENT>4.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Non-Profit Organizations without Credit Available Elsewhere</ENT>
                        <ENT>3.625</ENT>
                    </ROW>
                </GPOTABLE>
                <PRTPAGE P="12920"/>
                <P>The number assigned to this disaster for physical damage is 209875 and for economic injury is 209880.</P>
                <P>The States which received an EIDL Declaration are Illinois, Indiana.</P>
                <EXTRACT>
                    <FP>(Catalog of Federal Domestic Assistance Number 59008)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>James Stallings,</NAME>
                    <TITLE>Associate Administrator, Office of Disaster Recovery &amp; Resilience.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04573 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8026-09-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SMALL BUSINESS ADMINISTRATION</AGENCY>
                <DEPDOC>[Disaster Declaration #20983 and #20984; ALASKA Disaster Number AK-20013]</DEPDOC>
                <SUBJECT>Administrative Disaster Declaration of a Rural Area for the State of Alaska</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Small Business Administration.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of an Administrative disaster declaration of a rural area for the State of Alaska dated March 13, 2025.</P>
                    <P>
                        <E T="03">Incident:</E>
                         Severe Storm and Flooding.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Issued on March 13, 2025.</P>
                    <P>
                        <E T="03">Incident Period:</E>
                         October 20, 2024 through October 23, 2024.
                    </P>
                    <P>
                        <E T="03">Physical Loan Application Deadline Date:</E>
                         May 12, 2025.
                    </P>
                    <P>
                        <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>
                         December 15, 2025.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        <E T="03">Visit the MySBA Loan Portal at https://lending.sba.gov</E>
                         to apply for a disaster assistance loan.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Alan Escobar, Office of Disaster Recovery &amp; Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given, as a result of the Administrator's disaster declaration of a rural area, applications for disaster loans may be submitted online using the MySBA Loan Portal 
                    <E T="03">https://lending.sba.gov</E>
                     or other locally announced locations. Please contact the SBA disaster assistance customer service center by email at 
                    <E T="03">disastercustomerservice@sba.gov</E>
                     or by phone at 1-800-659-2955 for further assistance.
                </P>
                <P>The following areas have been determined to be adversely affected by the disaster:</P>
                <FP SOURCE="FP-2">
                    <E T="03">Primary Areas:</E>
                     Northwest Arctic Borough
                </FP>
                <P>The Interest Rates are:</P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s50,8">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1">Percent</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="22">
                            <E T="03">For Physical Damage:</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Homeowners with Credit Available Elsewhere</ENT>
                        <ENT>5.625</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Homeowners without Credit Available Elsewhere</ENT>
                        <ENT>2.813</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Businesses with Credit Available Elsewhere</ENT>
                        <ENT>8.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Businesses without Credit Available Elsewhere</ENT>
                        <ENT>4.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Non-Profit Organizations with Credit Available Elsewhere</ENT>
                        <ENT>3.250</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Non-Profit Organizations without Credit Available Elsewhere</ENT>
                        <ENT>3.250</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22">
                            <E T="03">For Economic Injury:</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Business and Small Agricultural Cooperatives without Credit Available Elsewhere</ENT>
                        <ENT>4.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Non-Profit Organizations without Credit Available Elsewhere</ENT>
                        <ENT>3.250</ENT>
                    </ROW>
                </GPOTABLE>
                <P>The number assigned to this disaster for physical damage is 209836 and for economic injury is 209840.</P>
                <P>The State which received an EIDL Declaration is Alaska.</P>
                <EXTRACT>
                    <FP>(Catalog of Federal Domestic Assistance Number 59008)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>James Stallings,</NAME>
                    <TITLE>Associate Administrator, Office of Disaster Recovery &amp; Resilience.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04568 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8026-09-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SMALL BUSINESS ADMINISTRATION</AGENCY>
                <DEPDOC>[Disaster Declaration #20989 and #20990; NEW YORK Disaster Number NY-20026]</DEPDOC>
                <SUBJECT>Administrative Declaration of a Disaster for the State of New York</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Small Business Administration.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of an Administrative declaration of a disaster for the State of New York dated March 13, 2025.</P>
                    <P>
                        <E T="03">Incident:</E>
                         Five Alarm Apartment Building Fire.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Issued on March 13, 2025.</P>
                    <P>
                        <E T="03">Incident Period:</E>
                         January 10, 2025.
                    </P>
                    <P>
                        <E T="03">Physical Loan Application Deadline Date</E>
                        : May 12, 2025.
                    </P>
                    <P>
                        <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>
                         December 15, 2025.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        <E T="03">Visit the MySBA Loan Portal at https://lending.sba.gov</E>
                         to apply for a disaster assistance loan.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Alan Escobar, Office of Disaster Recovery &amp; Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be submitted online using the MySBA Loan Portal 
                    <E T="03">https://lending.sba.gov</E>
                     or other locally announced locations. Please contact the SBA disaster assistance customer service center by email at 
                    <E T="03">disastercustomerservice@sba.gov</E>
                     or by phone at 1-800-659-2955 for further assistance.
                </P>
                <P>The following areas have been determined to be adversely affected by the disaster:</P>
                <FP SOURCE="FP-2">
                    <E T="03">Primary Counties:</E>
                     Bronx.
                </FP>
                <FP SOURCE="FP-2">
                    <E T="03">Contiguous Counties:</E>
                </FP>
                <FP SOURCE="FP1-2">New York: Nassau, New York, Queens, Westchester</FP>
                <FP SOURCE="FP1-2">New Jersey: Bergen</FP>
                <P>The Interest Rates are:</P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s50,8">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1">Percent</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="22">
                            <E T="03">For Physical Damage:</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Homeowners with Credit Available Elsewhere</ENT>
                        <ENT>5.125</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Homeowners without Credit Available Elsewhere</ENT>
                        <ENT>2.563</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Businesses with Credit Available Elsewhere</ENT>
                        <ENT>8.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Businesses without Credit Available Elsewhere</ENT>
                        <ENT>4.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Non-Profit Organizations with Credit Available Elsewhere</ENT>
                        <ENT>3.625</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Non-Profit Organizations without Credit Available Elsewhere</ENT>
                        <ENT>3.625</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22">
                            <E T="03">For Economic Injury:</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Business and Small Agricultural Cooperatives without Credit Available Elsewhere</ENT>
                        <ENT>4.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Non-Profit Organizations without Credit Available Elsewhere</ENT>
                        <ENT>3.625</ENT>
                    </ROW>
                </GPOTABLE>
                <P>The number assigned to this disaster for physical damage is 209895 and for economic injury is 209900.</P>
                <P>The States which received an EIDL Declaration are New Jersey, New York.</P>
                <EXTRACT>
                    <FP>(Catalog of Federal Domestic Assistance Number 59008)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>James Stallings,</NAME>
                    <TITLE>Associate Administrator, Office of Disaster Recovery &amp; Resilience.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04581 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8026-09-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SMALL BUSINESS ADMINISTRATION</AGENCY>
                <DEPDOC>[Disaster Declaration #20979 and #20980; OREGON Disaster Number OR-20007]</DEPDOC>
                <SUBJECT>Administrative Disaster Declaration of a Rural Area for the State of Oregon</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Small Business Administration.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <PRTPAGE P="12921"/>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of an Administrative disaster declaration of a rural area for the State of Oregon dated March 13, 2025.</P>
                    <P>
                        <E T="03">Incident:</E>
                         Wildfires.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Issued on March 13, 2025.</P>
                    <P>
                        <E T="03">Incident Period:</E>
                         July 10, 2024, through August 23, 2024.
                    </P>
                    <P>
                        <E T="03">Physical Loan Application Deadline Date:</E>
                         May 12, 2025.
                    </P>
                    <P>
                        <E T="03">Economic Injury (EIDL) Loan Application Deadline Date:</E>
                         December 15, 2025.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        <E T="03">Visit the MySBA Loan Portal at https://lending.sba.gov</E>
                         to apply for a disaster assistance loan.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Alan Escobar, Office of Disaster Recovery &amp; Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given, as a result of the Administrator's disaster declaration of a rural area, applications for disaster loans may be submitted online using the MySBA Loan Portal 
                    <E T="03">https://lending.sba.gov</E>
                     or other locally announced locations. Please contact the SBA disaster assistance customer service center by email at 
                    <E T="03">disastercustomerservice@sba.gov</E>
                     or by phone at 1-800-659-2955 for further assistance.
                </P>
                <P>The following areas have been determined to be adversely affected by the disaster:</P>
                <FP SOURCE="FP-2">
                    <E T="03">Primary Counties:</E>
                     Wheeler
                </FP>
                <P>The Interest Rates are:</P>
                <GPOTABLE COLS="2" OPTS="L2,nj,tp0,i1" CDEF="s25,8">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1">Percent</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="22">
                            <E T="03">For Physical Damage:</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Homeowners with Credit Available Elsewhere</ENT>
                        <ENT>5.375</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Homeowners without Credit Available Elsewhere</ENT>
                        <ENT>2.688</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Businesses with Credit Available Elsewhere</ENT>
                        <ENT>8.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Businesses without Credit Available Elsewhere</ENT>
                        <ENT>4.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Non-Profit Organizations with Credit Available Elsewhere</ENT>
                        <ENT>3.250</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Non-Profit Organizations without Credit Available Elsewhere</ENT>
                        <ENT>3.250</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22">
                            <E T="03">For Economic Injury:</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Business and Small Agricultural Cooperatives without Credit Available Elsewhere</ENT>
                        <ENT>4.000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="02">Non-Profit Organizations without Credit Available Elsewhere</ENT>
                        <ENT>3.250</ENT>
                    </ROW>
                </GPOTABLE>
                <P>The number assigned to this disaster for physical damage is 209795 and for economic injury is 209800.</P>
                <P>The State which received an EIDL Declaration is Oregon.</P>
                <EXTRACT>
                    <FP>(Catalog of Federal Domestic Assistance Number 59008)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>James Stallings,</NAME>
                    <TITLE>Associate Administrator, Office of Disaster Recovery &amp; Resilience.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04575 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8026-09-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF STATE</AGENCY>
                <DEPDOC>[Public Notice: 12685]</DEPDOC>
                <SUBJECT>Global Magnitsky Human Rights Accountability Act Annual Report</SUBJECT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice contains the text of the report required by the Global Magnitsky Human Rights Accountability Act.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Andrew Self, Senior Advisor, Bureau of Economic and Business Affairs, Email: 
                        <E T="03">SelfAH@state.gov,</E>
                         Phone: (202) 412 -3586.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>On March 12, 2025, the Acting Under Secretary of State for Political Affairs approved the following report pursuant to the Global Magnitsky Human Rights Accountability Act (Pub. L. 114-328, Title XII, Subtitle F) (“the Act”), which is implemented and built upon by Executive Order 13818 of December 20, 2017, “Executive Order Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption” (E.O. 13818). The text of the report follows:</P>
                <P>Pursuant to section 1264 of the Act, and consistent with E.O. 13818, the Secretary of State, in consultation with the Secretary of the Treasury, submits this report on the implementation of the Act during the 2024 reporting period.</P>
                <P>The Global Magnitsky sanctions program is the United States' flagship foreign policy tool for promoting accountability for human rights abuse and corruption globally. The U.S. government implements and builds upon the Act under E.O. 13818, Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption, issued on December 20, 2017. In 2024, the United States designated 70 foreign persons under the Global Magnitsky sanctions program, bringing the total foreign persons designated under the program to over 740. Global Magnitsky designations in 2024 represent the most geographically expansive set of designations to date, including targets in over 19 countries from nearly every major geographic region.</P>
                <P>Throughout 2024, the Global Magnitsky sanctions program was used to advance U.S. interests and foreign policy goals. During the reporting period, State and Treasury worked together to pursue designations in furtherance of several anti-corruption and human rights thematic priorities. These priorities included disrupting transnational corruption, including enablers of corruption, and promoting accountability for human rights abuses involving violence against women and girls, arbitrary detention, and forced labor. Action on these priorities helped address some of the most pervasive and egregious manifestations of corruption and human rights abuse around the world. Additionally, these priorities reflected State and Treasury's assessment of which corruption and human rights-related typologies economic sanctions are impactful in addressing.</P>
                <P>Corruption-related designations in 2024 included designations combatting public corruption in Guatemala, Guyana, Paraguay, and Zimbabwe and designations disrupting a global corruption network involved in gold smuggling and money laundering. Human rights-related designations included designations promoting accountability for the arbitrary detention of a human rights defender in Russia and U.S. locally employed staff in Yemen; egregious acts of violence against women and girls in Haiti and Uzbekistan; violent abuses against peaceful protesters in Georgia; forced labor and human trafficking in Cambodia; and political repression in Zimbabwe.</P>
                <HD SOURCE="HD1">Global Magnitsky Designations by Country</HD>
                <P>In 2024, the Secretary of the Treasury, in consultation with the Secretary of State and the Attorney General, imposed economic sanctions on the following 70 foreign persons (individuals and entities) pursuant to E.O. 13818 (presented alphabetically by country):</P>
                <HD SOURCE="HD2">Cambodia</HD>
                <P>
                    • 
                    <E T="03">Ly Yong Phat:</E>
                     Ly Yong Phat (Ly) was designated on September 12, 2024, for being a foreign person who is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse, related to the treatment of trafficked workers subjected to forced labor in online scam centers. Ly is a Cambodian senator and tycoon who owns L.Y.P. Group, which owns O-Smach Resort. Concurrent with the designation of Ly, the following entities were designated:
                </P>
                <P>
                    • 
                    <E T="03">O-Smach Resort:</E>
                     O-Smach Resort was designated on September 12, 2024, for being a foreign person who is 
                    <PRTPAGE P="12922"/>
                    responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse, related to the treatment of trafficked workers subjected to forced labor in online scam operations. From 2022-2024, police investigated, and media publicly reported on, extensive and systematic serious human rights abuses at O-Smach Resort. Victims reported being lured to O-Smach Resort with false employment opportunities, having their phones and passports confiscated upon arrival, and being forced to advance scam operations. People who called for help reported being beaten, abused with electric shocks, made to pay a hefty ransom, or threatened with being sold to other online scam gangs. There were two reports of victims jumping to their deaths from buildings within O-Smach Resort.
                </P>
                <P>
                    • 
                    <E T="03">L.Y.P. Group., LTD:</E>
                     On September 12, 2024, L.Y.P. Group Co., LTD was designated for being a foreign person who is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse, related to the treatment of trafficked workers subjected to forced labor in online scam centers. L.Y.P. Group owns O-Smach Resort.
                </P>
                <P>
                    • 
                    <E T="03">Garden City Hotel, Koh Kong Resort, and Phnom Penh Hotel:</E>
                     These entities were designated on September 12, 2024, for being owned or controlled by, or having acted or purported to act for or on behalf of, directly or indirectly, Ly, an individual concurrently designated pursuant to E.O. 13818.
                </P>
                <HD SOURCE="HD2">Georgia</HD>
                <P>
                    • 
                    <E T="03">Zviad Kharazishvili:</E>
                     Chief of the Special Task Department of Georgia's Ministry of Internal Affairs Zviad Kharazishvili (Kharazishvili) was designated on September 16, 2024, for being a foreign person who is, or has been, a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse related to the leader's or official's tenure, particularly related to undermining fundamental freedoms, including freedom of expression, in Georgia. On May 28, 2024, despite weeks of mass protests against the proposed legislation, the ruling Georgia Dream party passed a law titled “On Transparency of Foreign Influence,” known colloquially as the “foreign influence law.” This law requires nongovernmental organizations and outlets, including media organizations, that receive more than 20 percent of their funding from foreign sources to register as organizations “pursuing the interest of a foreign power.” During the protests that occurred prior to passage of the law, security forces from the Ministry of Internal Affairs' Special Task Department violently targeted Georgian citizens, political opposition leaders, journalists, and youth activists who were peacefully expressing their views. This violence was overseen by the task department's chief, Kharazishvili.
                </P>
                <P>
                    • 
                    <E T="03">Mileri Lagazauri:</E>
                     Mileri Lagazauri (Lagazauri), Deputy Chief of the Special Task Department of the Georgia's Ministry of Internal Affairs, was designated on September 16, 2024, for being a foreign person who is, or has been, a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse related to the leader's or official's tenure, particularly related to undermining fundamental freedoms, including freedom of expression, in Georgia. More specifically, Lagazauri was associated with brutal crackdowns on peaceful protesters and political opponents. During the protests that occurred prior to passage of the foreign influence law, Lagazauri, one of Kharazishvili's deputies, oversaw violence by security forces from the Ministry of Internal Affairs' Special Task Department targeting Georgian citizens, political opposition leaders, journalists, and youth activists who were peacefully expressing their views.
                </P>
                <P>
                    • 
                    <E T="03">Konstantine Morgoshia:</E>
                     Konstantine Morgoshia (Morgoshia) was designated on September 16, 2024, for being a foreign person responsible or complicit in, or having directly or indirectly engaged in, serious human rights abuse. Morgoshia is a founder of Alt-Info, a media company he used to amplify disinformation and spread hate speech and threats against communities. In 2021 and 2023, he advocated for violent attacks against people peacefully exercising their fundamental freedoms of expression and assembly and led hundreds of followers to break into nongovernmental organization offices and attack journalists and police officers at the scene.
                </P>
                <P>
                    • 
                    <E T="03">Zurab Makharadze:</E>
                     Zurab Makharadze (Makharadze) was designated on September 16, 2024, for being a foreign person responsible for or complicit in, or having directly or indirectly engaged in, serious human rights abuse. Makharadze is a media personality associated with Alt-info and was one of the most vocal supporters of violence against peaceful demonstrators. He directly encouraged violence against minority groups and journalists online prior to the violent attacks on marginalized communities and helped to direct, organize, and fundraise for violence targeting human rights protesters in 2021 and 2023. During the attacks, he led a group to remove protesters from in front of the Georgian parliament and then instructed followers to go with Konstantine Morgoshia to attack nongovernmental organization offices.
                </P>
                <P>
                    • 
                    <E T="03">Vakhtang Gomelauri:</E>
                     Georgia's Minister of Internal Affairs Vakhtang Gomelauri (Gomelauri) was designated on December 19, 2024, for being a foreign person who is or has been a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse related to the leader's or official's tenure. Gomelauri oversaw the violence perpetrated by the Special Task Department, including brutal crackdowns and beatings of peaceful protesters.
                </P>
                <P>
                    • 
                    <E T="03">Mirza Kezevadze:</E>
                     Deputy Head of the Special Task Department in Georgia's Ministry of Internal Affairs Mirza Kezevadze (Kezevadze) was designated on December 19, 2024, for being a foreign person who is or has been a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse related to the leader's or official's tenure. In addition to aforementioned individuals, Kezevadze oversaw the violence perpetrated by the Special Task Department.
                </P>
                <HD SOURCE="HD2">Guatemala</HD>
                <P>
                    • 
                    <E T="03">Alberto Pimentel Mata:</E>
                     Guatemala's Minister of Energy and Mining Alberto Pimentel Mata (Pimentel) was designated on January 17, 2024, for being a foreign person who is a current or former government official, or person acting for or on behalf of such an official, who is responsible for or complicit in, or who has directly or indirectly engaged in, corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery. During Pimentel's time as the energy minister, he engaged in numerous corruption schemes exploiting the Guatemalan mining sector through widespread bribery, including schemes related to government contracts and mining licenses. Additionally, Pimentel reportedly accepted large monthly payments to facilitate the acquisition of necessary permits and licenses for a private company operating in the energy and mining sector of Guatemala. In 
                    <PRTPAGE P="12923"/>
                    another instance, Pimentel reportedly received a large illicit payment to begin the consultation process with local communities in El Estor, Izabal, Guatemala for the benefit of private entities. Separately, he reportedly requested large bribes of more than $1 million from mining industry groups in Guatemala in exchange for mining licenses.
                </P>
                <HD SOURCE="HD2">Guyana</HD>
                <P>
                    • 
                    <E T="03">Mohamed's Enterprise:</E>
                     Mohamed's Enterprise, one of Guyana's largest gold exporters, was designated on June 11, 2024, for being a person who has materially assisted, sponsored, or provided financial, or technological support for, or goods or services to or in support of, corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts of the extraction of natural resources, or bribery, that is conducted by a foreign person. Mohamed's Enterprise bribed customs officials to falsify import and export documents, as well as to facilitate illicit gold shipments. The organization also paid bribes to Guyanese government officials to ensure the undisrupted flow of inbound and outbound personnel that move currency and other items on behalf of Mohamed's Enterprise and Azruddin Mohamed.
                </P>
                <P>
                    • 
                    <E T="03">Nazar Mohamed:</E>
                     Nazar Mohamed was designated on June 11, 2024, for being a foreign person who is or has been a leader of official of Mohamed's Enterprise.
                </P>
                <P>
                    • 
                    <E T="03">Hadi's World:</E>
                     Hadi's World was designated on June 11, 2024, for being owned or controlled by, or for having acted or purported to act for or on behalf of, directly or indirectly, Mohamed's Enterprise.
                </P>
                <P>
                    • 
                    <E T="03">Azruddin Mohamed:</E>
                     Azruddin Mohamed (Azruddin) was designated on June 11, 2024, for being a person who has materially assisted, sponsored, or provided financial, or technological support for, or goods or services to or in support of, corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts of the extraction of natural resources, or bribery, that is conducted by a foreign person. Azruddin took over Mohamed's Enterprise and evaded Guyana's tax on gold exports and defrauded the Guyanese government of tax revenues by under-declaring its gold exports to Guyanese authorities. In addition, Azruddin is the principal and owner of Team Mohamed's Racing Team, a drag racing organization in Guyana.
                </P>
                <P>
                    • 
                    <E T="03">Team Mohamed's Racing Team:</E>
                     Team Mohamed's Racing Team was designated on June 11, 2024, for being owned or controlled by, or for having acted or purported to act for or on behalf of, directly or indirectly, Azruddin.
                </P>
                <P>
                    • 
                    <E T="03">Mae Thomas:</E>
                     Former Permanent Secretary to Guyana's Minister of Home Affairs Mae Thomas (Thomas) was designated on June11, 2024, for being a foreign person who is a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in, corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery. When Thomas was the Permanent Secretary to Guyana's Minister of Home Affairs, she used her position to offer benefits to Mohamed's Enterprise and Azruddin, among others, in exchange for cash payments and high-value gifts. Thomas misused her position to influence the award of official contract bids and the approval processes for weapons permits and passports on behalf of Mohamed's Enterprise.
                </P>
                <HD SOURCE="HD2">Haiti</HD>
                <P>
                    • 
                    <E T="03">Prophane Victor:</E>
                     Former Haitian legislator Prophane Victor (Victor) was designated on September 25, 2024, for being a person who has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of, an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse, where the activity is conducted by a foreign person. Victor started arming young men in Petite Riviere, Artibonite to secure his control over the area and his election in 2016. Those men went on to form the Gran Grif gang, which is currently the largest gang in the Artibonite department and the main perpetrator of abuses, including sexual violence. Victor materially supported Gran Grif until 2020. Victor also trafficked weapons to Haiti and is known to have had relationships with and provided funds to other gangs throughout Haiti, including rivals of Gran Grif. Victor's gang affiliations and material support to them contributed to the climate of terror as the gangs engaged in an array of cruelty, violence, and fight for control, leaving residents to pay the consequences.
                </P>
                <P>
                    • 
                    <E T="03">Luckson Elan:</E>
                     Head of the Haiti-based Gran Grif gang Luckson Elan (Elan) was designated on September 25, 2024, for being a foreign person who is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse, and for being or having been a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse relating to the leader's or official's tenure. Elan is the current head of the Gran Grif gang and is responsible for serious human rights abuse including kidnapping, murder, beating, and raping of women and children, as well as looting, destruction, extortion, hijacking, and stealing crops and livestock in Haiti.
                </P>
                <HD SOURCE="HD2">Paraguay</HD>
                <P>
                    • 
                    <E T="03">Tabacalera del Este S.A.:</E>
                     Tabacalera del Este S.A. (Tabesa) was designated on August 6, 2024, for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of former Paraguayan president Horacio Manuel Cartes Jara (Cartes), a person whose property and interests in property are blocked pursuant to E.O. 13818. OFAC previously identified Tabesa on OFAC's Specially Designated National and Blocked Persons (SDN) List as an entity in which Cartes owned, directly or indirectly, a 50 percent or greater interest. While Cartes no longer owns Tabesa following a sales agreement to acquire Carte's shares in the company, Tabesa made—and planned to continue making—payments worth millions of dollars to Cartes, despite Cartes's designation by OFAC.
                </P>
                <HD SOURCE="HD2">Russia</HD>
                <P>
                    • 
                    <E T="03">Olesya Mendeleeva:</E>
                     Russian judge Olesya Mendeleeva (Mendeleeva) was designated on December 31, 2024, for being a foreign person who is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse. In July 2022, Mendeleeva sentenced Alexei Gorinov, a Moscow city councilor, public defender, and human rights activist, to seven years in prison for voicing opposition to the war against Ukraine. Gorinov suffered physical abuse and denial of medical treatment in detention. Known for handing down long and harsh sentences, Mendeleeva convicted Gorinov for “knowingly disseminating false information about the Russian military” after he accurately called Russia's invasion of Ukraine a “war,” becoming the first judge in Russia to find a defendant guilty of such a charge. While awaiting trial, Gorinov fell ill, and Mendeleeva repeatedly 
                    <PRTPAGE P="12924"/>
                    refused to release him from pre-trial custody to seek treatment. During the trial, Mendeleeva refused to consider the defense witnesses' testimonies and reasoned that Gorinov's “reformation” would be impossible without imprisonment.
                </P>
                <HD SOURCE="HD2">Uzbekistan</HD>
                <P>
                    • 
                    <E T="03">Yulduz Khudaiberganova:</E>
                     Yulduz Khudaiberganova (Khudaiberganova), a former orphanage director, was designated on the International Day of the Abolition of Slavery, December 2, 2024, for being a foreign person responsible for or complicit in, or having directly or indirectly engaged in, serious human rights abuse, particularly her involvement in human trafficking and violence against women and girls, including physical and sexual violence against children at a state-run orphanage in Urgench, Uzbekistan. For at least 10 months, Khudaiberganova forced at least three underage girls to engage in sexual acts with at least six different men in exchange for funds and goods. Khudaiberganova used various coercive tactics to ensure the girls' compliance, including physical beatings, threats, starvation, and isolation from their peers.
                </P>
                <P>
                    • 
                    <E T="03">Aybek Masharipov:</E>
                     Aybek Masharipov (Masharipov), former head of the Khorezm Regional Justice Department, was designated on the International Day of the Abolition of Slavery, December 2, 2024, for being a foreign person responsible for or complicit in, or having directly or indirectly engaged in, serious human rights abuse, particularly his involvement in human trafficking and violence against women and girls, including physical and sexual violence against children at a state-run orphanage in Urgench, Uzbekistan. Masharipov demanded sexual access to orphans in compensation for “gifts” he provided to the orphanage. Masharipov also repeatedly visited the orphanage in order to prey upon the young girls.
                </P>
                <P>
                    • 
                    <E T="03">Anvar Kuryazov:</E>
                     Anvar Kuryazov (Kuryazov), former head of the District Emergency Department, was designated on the International Day for the Abolition of Slavery, December 2, 2024, for being a foreign person responsible for or complicit in, or having directly or indirectly engaged in, serious human rights abuse, particularly his involvement in human trafficking and violence against women and girls, including physical and sexual violence against children at a state-run orphanage in Urgench, Uzbekistan. Kuryazov demanded sexual access to orphans in compensation for “gifts” he provided to the orphanage. Kuryazov also repeatedly visited the orphanage in order to prey upon the young girls.
                </P>
                <HD SOURCE="HD2">Yemen</HD>
                <P>
                    • 
                    <E T="03">Houthi National Committee for Prisoner's Affairs and Abdulqader Al-Murtadha:</E>
                     On December 9, 2024, the Houthi National Committee for Prisoner's Affairs (HNCPA) and its leader, Abdulqader Al-Murtadha (Al-Murtadha), were designated for being foreign persons who are responsible for or complicit in, or have directly or indirectly engaged in, serious human rights abuse. Al-Murtadha was also designated for being a foreign person who is a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse relating to the leader's or official's tenure. The HNCPA operates Houthi prisons in Yemen. At one of the prisons, known as the Exchange House in Sana'a, prisoners were systematically subjected to torture and other forms of cruel, inhuman, or degrading treatment or punishment by the prison's staff. Detainees included current and former locally employed U.S. embassy staff, UN staff, humanitarian workers, and journalists; many were reported to be arbitrarily detained, and some of the prisoners are minors. Prison officials engaged in systematic psychological and physical cruelty and punishment, including mock executions, beatings, and electrocution, among other abuses. Prison officials denied prisoners adequate medical care; as a result, some prisoners have permanent disabilities, and some have reportedly died.
                </P>
                <HD SOURCE="HD2">Zimbabwe</HD>
                <P>
                    • 
                    <E T="03">Emmerson Mnangagwa:</E>
                     Emmerson Mnangagwa (Mnangagwa), the President of Zimbabwe, was designated on March 4, 2024, for being a foreign person who is a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in, corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery. Mnangagwa was also designated for being a foreign person who is or has been a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse relating to the leader's or official's tenure. Mnangagwa is involved in corrupt activities, in particular those relating to gold and diamonds smuggling networks. Mnangagwa provides a protective shield to smugglers to operate in Zimbabwe and has directed Zimbabwean officials to facilitate the sale of gold and diamonds in illicit markets, taking bribes in exchange for his services. Mnangagwa also oversees Zimbabwe's security services, which have violently repressed political opponents and civil society groups.
                </P>
                <P>
                    • 
                    <E T="03">Auxillia Mnangagwa:</E>
                     Auxillia Mnangagwa (Auxillia), the First Lady of Zimbabwe, was designated on March 4, 2024, for being a current or former government official, or a person acting for or on behalf of such an official, who is responsible for or complicit in, or has directly or indirectly engaged in, corruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery. Auxillia facilitated her husband's corrupt activities.
                </P>
                <P>
                    • 
                    <E T="03">Kudakwashe Regimond Tagwirei:</E>
                     Zimbabwean businessman Kudakwashe Regimond Tagwirei (Tagwirei) was designated on March 4, 2024, for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of corruption, and the transfer or the facilitation of the transfer of proceeds of corruption. President Mnangagwa benefits from the corrupt network of Zimbabwean businessman Tagwirei. Tagwirei is one of the sole beneficial owners of Sakunda Holdings.
                </P>
                <P>
                    • 
                    <E T="03">Sakunda Holdings:</E>
                     Sakunda Holdings was designated on March 4, 2024, for having materially assisted, sponsored, or provided financial material, or technological support for, or goods or services to or in support of corruption, and for being owned or controlled by, or having acted or purported to act for or on behalf of Tagwirei.
                </P>
                <P>
                    • 
                    <E T="03">Sandra Mpunga:</E>
                     Sandra Mpunga (Mpunga), Tagwirei's wife, was designated on March 4, 2024, for having acted or purported to act for or on behalf of Sakunda Holdings. Mpunga is one of the sole beneficial owners of Sakunda Holdings.
                </P>
                <P>
                    • 
                    <E T="03">Fossil Agro:</E>
                     Fossil Agro was designated on March 4, 2024, for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of Sakunda Holdings.
                </P>
                <P>
                    • 
                    <E T="03">Obey Chimuka:</E>
                     Obey Chimuka (Chimuka) was designated on March 4, 2024, for being owned or controlled by, 
                    <PRTPAGE P="12925"/>
                    or having acted or purported to act for or on behalf of, Tagwirei. Chimuka also sits on the board and serves as director of several Tagwirei-owned companies.
                </P>
                <P>
                    • 
                    <E T="03">Fossil Contracting:</E>
                     Fossil Contracting was designated on March 4, 2024, for being owned or controlled by, or having acted or purported to act for or on behalf of, Chimuka. Chimuka owns Fossil Contracting, which received Government of Zimbabwe contracts that facilitated acts of corruption.
                </P>
                <P>
                    • 
                    <E T="03">Constantino Chiwenga:</E>
                     Constantino Chiwenga (Chiwenga) was designated on March 4, 2024, for being a foreign person who is or has been a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse relating to the leader's or official's tenure. Under the leadership of Mnangagwa and Zimbabwe's First Vice-President Chiwenga, Zimbabwe's security forces have engaged in the violent repression of political activists and civil society organizations. Mnangagwa's reelection was marred by fraud, the deployment of groups who intimidated voters, and the use of government-organized “ferret teams.” Since the election, the ferret teams, comprising intelligence, police, and military personnel, were likely involved in the abduction of up to 12 individuals associated with civil society organizations or opposition parties, including Tapfumanei Masaya, who was found dead on November 13, 2023. Abductees reported being pushed into vehicles, beaten and stripped naked, injected with unknown substances, threatened with retaliation, and later dumped on the roadside outside of Harare. In 2019, ferret teams reportedly abducted and assaulted more than 50 people. Opposition supporters also claimed to have been tortured by security officials, including being stripped, beaten, and whipped at a Zimbabwe Republic Police (ZRP) station.
                </P>
                <P>
                    • 
                    <E T="03">Oppah Muchinguri:</E>
                     Oppah Muchinguri (Muchinguri) was designated on March 4, 2024, for being a foreign person who is or has been a leader or official of an entity, including any government entity that has engaged in, or whose members have engaged in, serious human rights abuse relating to the leader's or official's tenure. Muchinguri is responsible for overseeing Zimbabwe's Defense Forces and is the chair of the national Joint Operation Command. Under her leadership, Zimbabwe's military personnel have engaged in violent repression.
                </P>
                <P>
                    • 
                    <E T="03">Godwin Matanga:</E>
                     Godwin Matanga (Matanga) was designated on March 4, 2024, for being a foreign person who is or has been a leader or official of an entity that has, or whose members have, engaged in serious human rights abuse relating to the leader's or official's tenure. Matanga was the Commissioner-General of the ZRP. Under his leadership, ZRP members participated in ferret team activities.
                </P>
                <P>
                    • 
                    <E T="03">Stephen Mutamba:</E>
                     Stephen Mutamba (Mutamba) was designated on March 4, 2024, for being a foreign person who is or has been a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse relating to the leader's or official's tenure. Mutamba has been a Deputy Commissioner-General of the ZRP since at least 2019. Under his leadership, ZRP members have engaged in the violent oppression of political opposition.
                </P>
                <P>
                    • 
                    <E T="03">Walter Tapfumaneyi:</E>
                     Walter Tapfumaneyi (Tapfumaneyi) was designated on March 4, 2024, for being a foreign person who is or has been a leader or official of an entity, including any government entity, that has engaged in, or whose members have engaged in, serious human rights abuse relating to the leader's or official's tenure. Tapfumaneyi has been the Deputy Director General of Zimbabwe's Central Intelligence Organization (CIO) since 2020. He reportedly answered directly to Mnangagwa and led the campaign to disrupt the 2023 electoral process through his leadership of ruling party-affiliated groups. He was also alleged to have been personally involved in past kidnappings.
                </P>
                <P>
                    • 
                    <E T="03">Owen Ncube:</E>
                     Owen Ncube (Ncube) was designated on March 4, 2024, for being a foreign person that is responsible for or complicit in, or has directly or indirectly engaged in, serious human rights abuse. Ncube was Zimbabwe's Minister of State Security from 2018 to 2022, during which time he ordered security services to identify, abduct, and mistreat individuals assessed to be supporters of a Zimbabwean opposition group. He was recently reappointed to government as the Minister of State for Midlands Provincial Affairs. He was reported to lead a notoriously violent group that was alleged to be responsible for attacks and killings around Kwekwe, Zimbabwe.
                </P>
                <HD SOURCE="HD2">Global Corruption Network</HD>
                <P>On December 9, 2024, 28 individuals and entities were sanctioned for their involvement in a global gold smuggling and money laundering network based in Zimbabwe.</P>
                <P>
                    • The global network led by Kenyan individual 
                    <E T="03">Kamlesh Mansukhlal Damji Pattni</E>
                     (Pattni) facilitated illicit activities by bribing officials, deploying trusted supporters to mask ownership, and weaving a global web of businesses to hide the illicit activities. Pattni was designated for having materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support ofcorruption, including the misappropriation of state assets, the expropriation of private assets for personal gain, corruption related to government contracts or the extraction of natural resources, or bribery. This fraudulent scheme robbed Zimbabwe's citizens of the benefit of those natural resources while enriching corrupt government officials and criminal actors. The designation of the Pattni's web of supporters and companies illustrate how illicit activity based in Zimbabwe spread across multiple countries, using a web of trusted supporters, and bribing government officials to concoct a complex corruption scheme. Pattni's network has spread across multiple countries, reflecting the global nature of corruption. More recently, Pattni and several of his supporters have looked to establish new operations in other resource-rich countries, further compounding the threat of his illicit network poses to the U.S. and global financial systems. In addition to Pattni, the following entities and individuals below were designated:
                </P>
                <FP SOURCE="FP-1"> Mukesh Manuskhlal Vaya, Kenyan national</FP>
                <FP SOURCE="FP-1"> Swetang Sinha, Indian national</FP>
                <FP SOURCE="FP-1"> Rahul Sood, Indian national</FP>
                <FP SOURCE="FP-1"> Mishaal Hitesh Pattni, Kenyan national</FP>
                <FP SOURCE="FP-1"> Sanjay Keshavji Vaya, Kenyan national</FP>
                <FP SOURCE="FP-1"> Raj Vaya Sanjay, Kenyan national</FP>
                <FP SOURCE="FP-1"> David Paul Crosby, British national</FP>
                <FP SOURCE="FP-1"> Dmytro Abakumov, Ukrainian national</FP>
                <FP SOURCE="FP-1"> Sun Multinational DMCC, United Arab Emirates</FP>
                <FP SOURCE="FP-1"> Marwa Investments Limited, United Arab Emirates</FP>
                <FP SOURCE="FP-1"> Fiza Gold and Bullion Trading L.L.C., United Arab Emirates</FP>
                <FP SOURCE="FP-1"> Golden Luxury Jewellery Trading L.L.C., United Arab Emirates</FP>
                <FP SOURCE="FP-1"> Memories Golden Jewellery L.L.C., United Arab Emirates</FP>
                <FP SOURCE="FP-1"> Ruhmeer Diamonds DMCC, United Arab Emirates</FP>
                <FP SOURCE="FP-1"> Sun Star Travel &amp; Tourism L.L.C., United Arab Emirates</FP>
                <FP SOURCE="FP-1">
                     Sahara Petroleum PTE. LTD., Singapore
                    <PRTPAGE P="12926"/>
                </FP>
                <FP SOURCE="FP-1"> Precious Bullion DMCC, United Arab Emirates</FP>
                <FP SOURCE="FP-1"> Rubini Investment Group Limited, British Virgin Islands/United Arab Emirates</FP>
                <FP SOURCE="FP-1"> Samaria Holdings Limited, United Arab Emirates</FP>
                <FP SOURCE="FP-1"> Suzan General Trading JLT, United Arab Emirates</FP>
                <FP SOURCE="FP-1"> Manurama Limited, Kenya</FP>
                <FP SOURCE="FP-1"> Suzan General Trading (PVT) LTD, Zimbabwe</FP>
                <FP SOURCE="FP-1"> Skorus Investments (PVT) LTD, Zimbabwe</FP>
                <FP SOURCE="FP-1"> Sakhara Petroleum OSOO, Kyrgyzstan</FP>
                <FP SOURCE="FP-1"> Mirdk Fyuels OSOO, Kyrgyzstan</FP>
                <FP SOURCE="FP-1"> Royal Sona OSOO, Kyrgyzstan</FP>
                <FP SOURCE="FP-1"> Suprim Ef Iks OSOO, Kyrgyzstan</FP>
                <HD SOURCE="HD1">VISA Restrictions Imposed</HD>
                <P>Persons designated pursuant to E.O. 13818 are subject to the entry restrictions articulated in section two, unless an exception applies. Section two provides that the entry of persons designated under section one of the order is suspended pursuant to Presidential Proclamation 8693.</P>
                <P>In 2024, the Department took steps to impose visa restrictions, when appropriate, on foreign persons involved in certain human rights violations and significant corruption pursuant to other authorities, including Presidential Proclamation 7750 and Section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act. The Department will continue to identify individuals subject to those authorities as appropriate, including but not limited to individuals designated under the Global Magnitsky program. In addition, the Department continues to implement all grounds of inadmissibility in the Immigration and Nationality Act (INA), including INA section 212(a)(3)(C).</P>
                <HD SOURCE="HD1">Coordinated Actions With Partners and Allies</HD>
                <P>The United States recognizes that our sanctions are most impactful when implemented in coordination with our foreign partners. Since the issuance of E.O. 13818, the United States has encouraged likeminded partners to develop their own global human rights and anti-corruption sanctions programs. In 2024, the United States prioritized coordinated sanctions actions with partners and allies, including those with similar authorities, namely Australia, Canada, the European Union, and the United Kingdom. Additionally, the United States supported persons designated under the Global Magnitsky sanctions program for designation at the United Nations.</P>
                <HD SOURCE="HD2">Canada</HD>
                <P>• On December 9, 2024, Canada sanctioned PRC officials Zhang Hongbo, Shohrat Zakir, Erken Tuniyaz, Chen Quanguo, and Huo Liujun for human rights abuses, including in Xinjiang and Tibet. These designations reinforced prior designations of these individuals by the United States in 2020, 2021, and 2022.</P>
                <P>• On June 20, 2024, Canada sanctioned Haitian gang leader, Luckson Elan. Elan was subsequently designated by the United States on September 25, 2024.</P>
                <HD SOURCE="HD2">United Kingdom</HD>
                <P>• On September 30, 2024, the UK sanctioned former member of Haiti's parliament, Prophane Victor, reinforcing the prior designation of Victor by the United States on September 25, 2024.</P>
                <P>• On October 30, 2024, the UK sanctioned Haitian gang leader, Luckson Elan, reinforcing the prior designation of Elan by the United States on September 25, 2024.</P>
                <P>• On December 9, 2024, the UK sanctioned Kenyan individual Kamlesh Pattni concurrently with the United States.</P>
                <P>• On December 19, 2024, the UK sanctioned Georgian Minister of Internal Affairs Vakhtang Gomelauri concurrently with the United States. Additionally, the UK sanctioned Georgian Special Task Department Chief Zviad Kharazishvili and Georgian Special Task Department Deputy Mileri Lagazauri, reinforcing the prior designations of Kharazishvili and Lagazauri by the United States on September 16, 2024.</P>
                <HD SOURCE="HD2">United Nations</HD>
                <P>• On September 25, 2024, concurrent with their designation under E.O. 13818, the United States co-sponsored the designation of former member of Haiti's parliament, Prophane Victor, and leader of the Gran Grif gang, Luckson Elan, for designation under the UN Haiti sanctions regime.</P>
                <SIG>
                    <NAME>Andrew H. Self,</NAME>
                    <TITLE>Senior Advisor, Bureau of Economic and Business Affairs, Department of State.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04530 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4710-07-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">STATE JUSTICE INSTITUTE</AGENCY>
                <SUBJECT>SJI Board of Directors Meeting, Notice</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>State Justice Institute.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The purpose of this meeting is to consider grant applications for the 2nd quarter of FY 2025, and other business.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The SJI Board of Directors will be meeting on Monday, April 7, 2025 at 1 p.m. ET.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Supreme Court of Indiana, 200 West Washington Street, Indianapolis, IN.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jonathan Mattiello, Executive Director, State Justice Institute, 12700 Fair Lakes Circle, Suite 340, Fairfax, VA 22033, 703-660-4979, 
                        <E T="03">contact@sji.gov.</E>
                    </P>
                    <EXTRACT>
                        <FP>(Authority: 42 U.S.C. 10702(f))</FP>
                    </EXTRACT>
                    <SIG>
                        <NAME>Jonathan D. Mattiello,</NAME>
                        <TITLE>Executive Director.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04491 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6820-SC-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SURFACE TRANSPORTATION BOARD</AGENCY>
                <DEPDOC>
                    [Docket No. FD 36744 (Sub-No. 3) 
                    <SU>1</SU>
                    ]
                </DEPDOC>
                <SUBJECT>Canadian National Railway Company and Grand Trunk Corporation —Control—Iowa Northern Railway Company (General Oversight)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Surface Transportation Board.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Decision No. 1; Notice of General Oversight Proceeding and Guidance on Reporting Requirements.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        On January 30, 2024,
                        <FTREF/>
                         Canadian National Railway Company (CNR) and Grand Trunk Corporation (GTC), together with the Iowa Northern Railway Company (IANR) (collectively, Applicants) filed an application seeking approval for CNR and GTC to acquire control of IANR and operate IANR's 218-mile rail system in Iowa. By decision served on January 14, 2025 (
                        <E T="03">Decision No. 3</E>
                        ), the Board approved Applicants' application. As a condition of its approval, the Board imposed a three-year oversight period, during which the Board will closely monitor Applicants' compliance with, and the effectiveness of, the conditions imposed by the Board. Throughout the oversight period, Applicants are required to report service, operational, and competition-related metrics at prescribed frequencies, as described in 
                        <E T="03">Decision No. 3.</E>
                         The Board now institutes this proceeding to implement the general oversight condition and provide further guidance regarding Applicants' reporting obligations.
                    </P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             A copy of this decision is being served on all parties of record on the service list in the main docket, FD 36744.
                        </P>
                    </FTNT>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        Any person who wishes to participate in this proceeding as a party of record must file, by March 24, 2025, 
                        <PRTPAGE P="12927"/>
                        a notice of intent to participate. Applicants' first data submission, including information for the required two-year lookback period and Q1 2025, is due by April 30, 2025. Subsequent quarterly files must be submitted 30 days following the end of each calendar quarter. Applicants' initial plan and report regarding scheduled local service is due by November 13, 2025. Applicants' first quarterly narrative regarding changes to any operating plans on the former IANR system shall be submitted to the Board and any impacted shippers by January 30, 2026. Subsequent quarterly narratives must be submitted 30 days following the end of each quarter.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Any filing submitted in this proceeding must be filed with the Board via e-filing on the Board's website or in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, one copy of each filing must be sent to (1) CNR and GTC's representative, Matthew J. Warren, Sidley Austin LLP, 1501 K Street NW, Washington, DC 20005; (2) IANR's representative, Kevin M. Sheys, Law Office of Kevin M. Sheys LLC, 42 Brush Hill Road, Sherborn, MA 01770; and (3) any other person designated as a party of record on the service list for this subdocket.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sarah Fancher at (202) 740-5507. If you require an accommodation under the Americans with Disabilities Act, please call (202) 245-0245.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    In 
                    <E T="03">Decision No. 3,</E>
                    <SU>2</SU>
                    <FTREF/>
                     the Board established oversight for a period of three years, during which the Board will closely monitor Applicants' compliance with, and the effectiveness of, the conditions imposed on the control transaction. 
                    <E T="03">Decision No. 3,</E>
                     FD 36744 et al., slip op. at 21, 27-28 (STB served Jan. 14, 2025). The Board is now instituting this proceeding to implement the general oversight condition and provide further guidance regarding Applicants' reporting obligations during the oversight period.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         The Board corrected the employee protective conditions in a subsequent decision. 
                        <E T="03">See Canadian Nat'l Ry.—Control—Iowa N. Ry.,</E>
                         FD 36744 et al. (STB served Jan. 31, 2025).
                    </P>
                </FTNT>
                <P>
                    <E T="03">Reporting Guidance and Clarification.</E>
                     As part of the Board's oversight conditions, for the duration of the oversight period, Applicants will report on competition-related, service, and operational metrics at prescribed frequencies, as described in 
                    <E T="03">Decision No. 3,</E>
                     FD 36744 et al., slip op. at 27-28. Applicants will also submit a plan for scheduled local service and quarterly narratives regarding changes to any operating plans on the former IANR system. 
                    <E T="03">Id.</E>
                     at 27.
                </P>
                <P>
                    <E T="03">Quarterly Reports on Volumes Interchanged at Gateways.</E>
                     In 
                    <E T="03">Decision No. 3,</E>
                     the Board explained that Applicants would be required to provide, during the oversight period, the total count of cars interchanged, categorized by two-digit STCC and broken out by interchange partner. 
                    <E T="03">Id.</E>
                     at 19. With the first submission, Applicants are also to provide, to the extent possible, the same historical quarterly information for a two-year period dating back from the effective date of 
                    <E T="03">Decision No. 3. Id.</E>
                     The Board's decision noted that a report on this data would allow the Board to monitor traffic levels at gateways and take appropriate action if necessary. 
                    <E T="03">Id.</E>
                </P>
                <P>
                    By letter filed on January 31, 2025, POET Bioprocessing (POET), a railroad shipper of biofuels and other hazardous commodities that would be affected by the transaction, requests that the Board clarify or revisit the reporting requirement in 
                    <E T="03">Decision No. 3</E>
                     that directs Applicants to provide quarterly reports on interchange volumes. POET Letter 1-2, 
                    <E T="03">Canadian Nat'l Ry.—Control—Iowa N. Ry.,</E>
                     FD 36744. POET states that it is the only biofuels producer on the IANR system and that its volumes are currently transported through all the interchange points on the IANR. 
                    <E T="03">Id.</E>
                     at 2. Accordingly, POET argues that the public disclosure of its interchanged carloads by two-digit STCC code would reveal not only the volumes of biofuels shipped by POET from its facilities, but also the markets to which such shipments are being sent. 
                    <E T="03">Id.</E>
                     To balance the Board's oversight goals with confidentiality, POET, therefore, requests that the Board instead require Applicants to publicly report only the count of cars interchanged in total and for each interchange partner. 
                    <E T="03">Id.</E>
                     POET suggests, however, that should the Board elect to retain the two-digit STCC requirement, this information be submitted under seal pursuant to the protective order in Docket No. FD 36744. 
                    <E T="03">Id.</E>
                </P>
                <P>
                    As the Board found in 
                    <E T="03">Decision No. 3,</E>
                     data reflecting traffic volumes interchanged at gateways, categorized by two-digit STCC and broken out by interchange partner, will allow the Board to monitor the traffic levels at gateways and take appropriate action as necessary. 
                    <E T="03">Decision No. 3,</E>
                     FD 36744 et al., slip op. at 27-28. The Board, however, finds that public reporting at the STCC level might unnecessarily make commercially sensitive information public. Therefore, the Board will require Applicants to publicly report only the count of cars interchanged in total and for each interchange partner. Applicants also, however, will be required to file under seal the total count of cars interchanged, categorized by two-digit STCC. As previously directed in 
                    <E T="03">Decision No. 3,</E>
                     with the first submission, Applicants will be required to provide, to the extent possible, the same historical quarterly information for a two-year period dating back from the effective date of 
                    <E T="03">Decision No. 3,</E>
                     and subject to the same requirements regarding what should be public and what should be filed under seal.
                </P>
                <P>
                    <E T="03">Reporting Format.</E>
                     Applicants must submit reports on interchange volumes as filings to the Board, consisting of an electronic copy of the data. Templates have been posted in this docket to help facilitate Applicants' data submissions. Reports on service will be in narrative form.
                </P>
                <P>
                    <E T="03">Protective Order.</E>
                     For the oversight subdocket, the Board adopts the protective order imposed in the main docket of this proceeding. 
                    <E T="03">See Canadian Nat'l Ry.—Control—Iowa N. Ry.,</E>
                     FD 36744 et al. (STB served Feb. 8, 2024). Parties may submit filings, as appropriate, under seal marked Confidential or Highly Confidential pursuant to the protective order.
                </P>
                <P>
                    <E T="03">Service List.</E>
                     A copy of this decision is being served on all parties of record in Docket No. FD 36744. This decision will serve as notice that persons who were parties of record in Docket No. FD 36744 will not automatically be placed on the service list as parties of record in the general oversight proceeding, Docket No. FD 36744 (Sub-No. 3). Any person who wishes to participate in this oversight proceeding as a party of record must file, in this subdocket, no later than March 24, 2025, a notice of intent to participate, accompanied by a certificate of service indicating that the notice has been properly served on Applicants' representatives.
                </P>
                <P>
                    <E T="03">It is ordered:</E>
                </P>
                <P>1. Any person who wishes to participate in this oversight proceeding as a party of record must file, in this subdocket, a notice of intent to participate, no later than March 24, 2025, accompanied by a certificate of service indicating that the notice has been properly served on Applicants' representatives.</P>
                <P>2. POET's request to modify the reporting requirement for volumes interchanged at gateways is granted to the extent discussed above.</P>
                <P>
                    3. Applicants' first data submission, including information for the two-year lookback period, is due by April 30, 2025. Subsequent filings shall contain 
                    <PRTPAGE P="12928"/>
                    quarterly files and must be submitted 30 days following the end of each quarter.
                </P>
                <P>4. Applicants' initial plan and report regarding scheduled local service is due by November 13, 2025. Applicants' first quarterly narrative regarding changes to any operating plans on the former IANR system shall be filed with the Board and submitted to any impacted shippers by January 30, 2026. Subsequent quarterly narratives must be filed and submitted 30 days following the end of each quarter.</P>
                <P>
                    5. This decision will be published in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <P>6. This decision is effective on its service date.</P>
                <P>By the Board, Board Members Fuchs, Hedlund, Primus, and Schultz. Board Member Primus concurred with a separate expression.</P>
                <P>
                    <E T="03">Board Member Primus,</E>
                     concurring:
                </P>
                <P>I concur with today's decision. However, I maintain my objections to the Board's approval of the transaction, as stated in my January 14, 2025 dissent.</P>
                <SIG>
                    <DATED>Decided: March 13, 2025.</DATED>
                    <NAME>Tammy Lowery,</NAME>
                    <TITLE>Clearance Clerk.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04525 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4915-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SURFACE TRANSPORTATION BOARD</AGENCY>
                <SUBJECT>Release of Waybill Data</SUBJECT>
                <P>The Surface Transportation Board has received a request from the University of Illinois Urbana-Champaign (WB25-07—2/11/25) for permission to use data from the Board's 1986-2023 unmasked Carload Waybill Samples. A copy of this request may be obtained from the Board's website under docket no. WB25-07.</P>
                <P>The waybill sample contains confidential railroad and shipper data; therefore, if any parties object to these requests, they should file their objections with the Director of the Board's Office of Economics within 14 calendar days of the date of this notice. The rules for release of waybill data are codified at 49 CFR 1244.9.</P>
                <P>
                    Any inquiries on this request should be directed to 
                    <E T="03">waybill@stb.gov.</E>
                </P>
                <SIG>
                    <NAME>Brendetta Jones,</NAME>
                    <TITLE>Clearance Clerk.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04531 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4915-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <DEPDOC>[Docket No.: FAA-2025-0073; Summary Notice No. -2025-15]</DEPDOC>
                <SUBJECT>Petition for Exemption; Summary of Petition Received; Embry-Riddle Aeronautical University</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion nor omission of information in the summary is intended to affect the legal status of the petition or its final disposition.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on this petition must identify the petition docket number and must be received on or before April 7, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Send comments identified by docket number FAA-2025-0073 using any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">http://www.regulations.gov</E>
                         and follow the online instructions for sending your comments electronically.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail</E>
                        : Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery or Courier:</E>
                         Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         Fax comments to Docket Operations at (202) 493-2251.
                    </P>
                    <P>
                        <E T="03">Privacy:</E>
                         In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to 
                        <E T="03">http://www.regulations.gov,</E>
                         as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
                        <E T="03">http://www.dot.gov/privacy.</E>
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         Background documents or comments received may be read at 
                        <E T="03">http://www.regulations.gov</E>
                         at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Nia Daniels, (202) 267-7626, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591.</P>
                    <P>This notice is published pursuant to 14 CFR 11.85.</P>
                    <SIG>
                        <DATED>Issued in Washington, DC.</DATED>
                        <NAME>Dan Ngo,</NAME>
                        <TITLE>Manager, Part 11 Petitions Branch, Office of Rulemaking.</TITLE>
                    </SIG>
                    <HD SOURCE="HD1">Petition for Exemption</HD>
                    <P>
                        <E T="03">Docket No.:</E>
                         FAA-2025-0073.
                    </P>
                    <P>
                        <E T="03">Petitioner:</E>
                         Embry-Riddle Aeronautical University.
                    </P>
                    <P>
                        <E T="03">Section of 14 CFR Affected:</E>
                         § 141.33.
                    </P>
                    <P>
                        <E T="03">Description of Relief Sought:</E>
                         Embry-Riddle Aeronautical University petitions for an exemption from 14 CFR 141.33(a)(3) to allow an individual who does not hold a flight instructor certificate, but otherwise meets the requirements in § 141.47, to instruct in a full-flight simulator in an approved airline transport pilot certification program (ATP CTP) special preparation course under part 141, subpart K.
                    </P>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04544 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <DEPDOC>[Docket No.: FAA-2024-1862; Summary Notice No. 2025-07]</DEPDOC>
                <SUBJECT>Petition for Exemption; Summary of Petition Received; Dynamic Ventures Inc.</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion nor omission of information in the summary is intended to affect the legal status of the petition or its final disposition.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        Comments on this petition must identify the petition docket number and 
                        <PRTPAGE P="12929"/>
                        must be received on or before April 8, 2025.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Send comments identified by docket number FAA-2024-1862 using any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">http://www.regulations.gov</E>
                         and follow the online instructions for sending your comments electronically.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery or Courier:</E>
                         Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         Fax comments to Docket Operations at (202) 493-2251.
                    </P>
                    <P>
                        <E T="03">Privacy:</E>
                         In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to 
                        <E T="03">http://www.regulations.gov,</E>
                         as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
                        <E T="03">http://www.dot.gov/privacy.</E>
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         Background documents or comments received may be read at 
                        <E T="03">http://www.regulations.gov</E>
                         at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean O'Tormey at 202-267-4044, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591.</P>
                    <P>This notice is published pursuant to 14 CFR 11.85.</P>
                    <SIG>
                        <P>Issued in Washington, DC.</P>
                        <NAME>Dan Ngo,</NAME>
                        <TITLE>Manager, Part 11 Petitions Branch, Office of Rulemaking.</TITLE>
                    </SIG>
                    <HD SOURCE="HD1">Petition for Exemption</HD>
                    <P>
                        <E T="03">Docket No.:</E>
                         FAA-2024-1862.
                    </P>
                    <P>
                        <E T="03">Petitioner:</E>
                         Dynamic Ventures Inc.
                    </P>
                    <P>
                        <E T="03">Sections of 14 CFR Affected:</E>
                         §§ 61.51(f)(2) and 61.51(j)(4).
                    </P>
                    <P>
                        <E T="03">Description of Relief Sought:</E>
                         Petitioner has requested an exemption to allow its pilots who the National Aeronautics and Space Administration (NASA) requires to be assigned to act as second-in-command (SIC) of flights in public aircraft operations to be allowed to log SIC time for these flights in small turboprop aircraft that do not require a SIC by type certificate. Petitioner has also requested the exemption to allow their SIC pilots to retroactively include SIC flight time from such PAO flights that were not required by type certificate or the regulations under which the flights were conducted to have a SIC on the aircraft.
                    </P>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04546 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <DEPDOC>[Docket No.: FAA-2024-2250; Summary Notice No. 2025-12]</DEPDOC>
                <SUBJECT>Petition for Exemption; Summary of Petition Received; Troy Capasso</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion nor omission of information in the summary is intended to affect the legal status of the petition or its final disposition.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on this petition must identify the petition docket number and must be received on or before April 8, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Send comments identified by docket number FAA-2024-2250 using any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">https://www.regulations.gov</E>
                         and follow the online instructions for sending your comments electronically.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery or Courier:</E>
                         Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         Fax comments to Docket Operations at (202) 493-2251.
                    </P>
                    <P>
                        <E T="03">Privacy:</E>
                         In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to 
                        <E T="03">https://www.regulations.gov,</E>
                         as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
                        <E T="03">https://www.dot.gov/privacy.</E>
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         Background documents or comments received may be read at 
                        <E T="03">https://www.regulations.gov</E>
                         at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Kara White, (202) 267-3793 Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591.</P>
                    <P>This notice is published pursuant to 14 CFR 11.85.</P>
                    <SIG>
                        <P>Issued in Washington, DC.</P>
                        <NAME>Dan A. Ngo,</NAME>
                        <TITLE>Manager, Part 11 Petitions Branch, Office of Rulemaking.</TITLE>
                    </SIG>
                    <HD SOURCE="HD1">Petition for Exemption</HD>
                    <P>
                        <E T="03">Docket No.:</E>
                         FAA-2024-2250.
                    </P>
                    <P>
                        <E T="03">Petitioner:</E>
                         Troy Capasso.
                    </P>
                    <P>
                        <E T="03">Section(s) of 14 CFR Affected:</E>
                         61.159(d).
                    </P>
                    <P>
                        <E T="03">Description of Relief Sought:</E>
                         If granted, this exemption would allow the petitioner to use flight time acquired as a U.S. Armed Forces Instructor Weapons System officer specifically on F-15 Aircraft to be equivalent to that of a U.S. Armed Forces Flight Engineer crew member, as outlined in § 61.159(d)(1)(i) of Title 14, Code of Federal Regulations. More specifically, the petitioner requests this flight time as a Weapons Systems officer to be logged in the same manner as flight engineer time towards meeting the aeronautical experience requirements of an airline transport pilot.
                    </P>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04552 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="12930"/>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <DEPDOC>[Docket No.: FAA-2025-0301; Summary Notice No. 2025-17]</DEPDOC>
                <SUBJECT>Petition for Exemption; Summary of Petition Received; Helicopter Consultants of Maui dba Blue Hawaiian Helicopters.</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion nor omission of information in the summary is intended to affect the legal status of the petition or its final disposition.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on this petition must identify the petition docket number and must be received on or before April 8, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Send comments identified by docket number FAA-2025-0301 using any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">http://www.regulations.gov</E>
                         and follow the online instructions for sending your comments electronically.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery or Courier:</E>
                         Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         Fax comments to Docket Operations at (202) 493-2251.
                    </P>
                    <P>
                        <E T="03">Privacy:</E>
                         In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to 
                        <E T="03">http://www.regulations.gov,</E>
                         as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
                        <E T="03">http://www.dot.gov/privacy.</E>
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         Background documents or comments received may be read at 
                        <E T="03">http://www.regulations.gov</E>
                         at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sean O'Tormey at 202-267-4044, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591.</P>
                    <P>This notice is published pursuant to 14 CFR 11.85.</P>
                    <SIG>
                        <P>Issued in Washington, DC.</P>
                        <NAME>Dan Ngo,</NAME>
                        <TITLE>Manager, Part 11 Petitions Branch, Office of Rulemaking.</TITLE>
                    </SIG>
                    <HD SOURCE="HD1">Petition for Exemption</HD>
                    <P>
                        <E T="03">Docket No.:</E>
                         FAA-2025-0301.
                    </P>
                    <P>
                        <E T="03">Petitioner:</E>
                         Helicopter Consultants of Maui dba Blue Hawaiian Helicopters.
                    </P>
                    <P>
                        <E T="03">Section of 14 CFR Affected:</E>
                         § 136.75(d)(1).
                    </P>
                    <P>
                        <E T="03">Description of Relief Sought:</E>
                         The petitioner is seeking an exemption from § 136.75(d)(1) to fly below the 1,500-foot minimum altitude above the surface in specific areas, including razor back ridge crossings, during air-tour operations on the island of Kauai in the State of Hawaii.
                    </P>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04550 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <DEPDOC>[Docket No.: FAA-2024-2627; Summary Notice No. 2025-16]</DEPDOC>
                <SUBJECT>Petition for Exemption; Summary of Petition Received; ATL Europe.</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion nor omission of information in the summary is intended to affect the legal status of the petition or its final disposition.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on this petition must identify the petition docket number and must be received on or before April 8, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Send comments identified by docket number FAA-2024-2627 using any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">http://www.regulations.gov</E>
                         and follow the online instructions for sending your comments electronically.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington DC 20590-0001.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery or Courier:</E>
                         Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         Fax comments to Docket Operations at (202) 493-2251.
                    </P>
                    <P>
                        <E T="03">Privacy:</E>
                         In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to 
                        <E T="03">http://www.regulations.gov,</E>
                         as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
                        <E T="03">http://www.dot.gov/privacy.</E>
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         Background documents or comments received may be read at 
                        <E T="03">http://www.regulations.gov</E>
                         at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Kara White, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington DC 20591.</P>
                    <P>This notice is published pursuant to 14 CFR 11.85.</P>
                    <SIG>
                        <P>Issued in Washington, DC.</P>
                        <NAME>Dan Ngo,</NAME>
                        <TITLE>Manager, Part 11 Petitions Branch, Office of Rulemaking.</TITLE>
                    </SIG>
                    <HD SOURCE="HD1">Petition for Exemption</HD>
                    <P>
                        <E T="03">Docket No.:</E>
                         FAA-2024-2627.
                    </P>
                    <P>
                        <E T="03">Petitioner:</E>
                         ATL Europe.
                    </P>
                    <P>
                        <E T="03">Section(s) of 14 CFR Affected:</E>
                         §§ 25.857(e) and 25.1447(c)(1).
                    </P>
                    <P>
                        <E T="03">Description of Relief Sought:</E>
                    </P>
                    <P>
                        ATL Europe has requested an exemption from §§ 25.857(e) and 25.1447(c)(1) for a pallet mounted Crew Rest Module (CRM) installed in a Class E cargo compartment, aft of the 9G rigid 
                        <PRTPAGE P="12931"/>
                        cargo barrier. Relief from § 25.857(e) is sought to permit carriage of up to two authorized persons (previously known as supernumeraries) in the CRM, while installed in the Class E Cargo compartment, in flight. While the CRM is occupied, relief is sought from § 25.1447(c)(1) because the installation does not provide a manual means for the crew to deploy drop-down oxygen dispensing units.
                    </P>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04547 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <DEPDOC>[Docket No.: FAA-2024-2463; Summary Notice No. 2025-09]</DEPDOC>
                <SUBJECT>Petition for Exemption; Summary of Petition Received; Drone Power1 LLC</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion nor omission of information in the summary is intended to affect the legal status of the petition or its final disposition.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on this petition must identify the petition docket number and must be received on or before April 8, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Send comments identified by docket number FAA-2024-2463 using any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">http://www.regulations.gov</E>
                         and follow the online instructions for sending your comments electronically.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington DC 20590-0001.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery or Courier:</E>
                         Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         Fax comments to Docket Operations at (202) 493-2251.
                    </P>
                    <P>
                        <E T="03">Privacy:</E>
                         In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to 
                        <E T="03">http://www.regulations.gov,</E>
                         as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
                        <E T="03">http://www.dot.gov/privacy.</E>
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         Background documents or comments received may be read at 
                        <E T="03">http://www.regulations.gov</E>
                         at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Jake Troutman at (202) 267-2928, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW, Washington DC 20591.</P>
                    <P>This notice is published pursuant to 14 CFR 11.85.</P>
                    <SIG>
                        <P>Issued in Washington DC.</P>
                        <NAME>Dan A. Ngo,</NAME>
                        <TITLE>Manager, Part 11 Petitions Branch, Office of Rulemaking.</TITLE>
                    </SIG>
                    <HD SOURCE="HD1">Petition for Exemption</HD>
                    <P>
                        <E T="03">Docket No.:</E>
                         FAA-2024-2463.
                    </P>
                    <P>
                        <E T="03">Petitioner:</E>
                         DronePower1 LLC.
                    </P>
                    <P>
                        <E T="03">Section(s) of 14 CFR Affected:</E>
                         49 U.S.C. 44807, 14 CFR part 91, subpart E, §§ 61.3(a)(1)(i), 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a), 91.417(b).
                    </P>
                    <P>
                        <E T="03">Description of Relief Sought:</E>
                         DronePower1 LLC, a startup drone operations service provider founded in Wyoming, seeks an exemption to operate the Joyance JTC30 Cleaning Drone, an unmanned aircraft system (UAS) weighing 55 pounds (lbs.) or greater, to provide commercial solar panel cleaning-related services for commercial and utility sized solar fields. Operations would be conducted in secure solar fields where the solar panels will be ground mounted and not placed on structures. The aircraft's maximum takeoff weight would not exceed 150 lbs. Operations would be conducted within visual line of site (VLOS) of the pilot in command (PIC) at all times. Operations would not be conducted at night.
                    </P>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2025-04549 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <SUBJECT>Notice of Submission Deadline for Schedule Information for Chicago O'Hare International Airport, John F. Kennedy International Airport, Los Angeles International Airport, Newark Liberty International Airport, and San Francisco International Airport for the Winter 2025/2026 Scheduling Season</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of Transportation, Federal Aviation Administration (FAA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of submission deadline.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Under this notice, FAA announces the submission deadline of May 15, 2025, for Winter 2025/2026 flight schedules at Chicago O'Hare International Airport (ORD), John F. Kennedy International Airport (JFK), Los Angeles International Airport (LAX), Newark Liberty International Airport (EWR), and San Francisco International Airport (SFO).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Schedules should be submitted by May 15, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Schedules may be submitted to the Slot Administration Office by email to: 
                        <E T="03">7-AWA-slotadmin@faa.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Al Meilus, Manager, Slot Administration and Capacity Analysis, AJR-G, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267-2822; email 
                        <E T="03">Al.Meilus@faa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This document provides routine notice to carriers serving capacity-constrained airports in the United States, including ORD, JFK, LAX, EWR, and SFO. In particular, this notice announces the deadline for carriers to submit schedules for the Winter 2025/2026 scheduling season.</P>
                <HD SOURCE="HD1">General Information for All Airports</HD>
                <P>
                    FAA has designated JFK as an IATA Level 3 airport consistent with the Worldwide Slot Guidelines (WSG).
                    <SU>1</SU>
                    <FTREF/>
                     FAA currently limits scheduled 
                    <PRTPAGE P="12932"/>
                    operations at JFK by order that expires on October 24, 2026.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         FAA generally applies the WSG to the extent there is no conflict with U.S. law or regulation. FAA recognizes the WSG has been replaced by the Worldwide Airports Slot Guidelines (WASG) edition 1, effective June 1, 2020, WASG edition 2, effective July 1, 2022, and most recently, WASG edition 3, effective April 1, 2024. The WASG is published jointly by Airports Council International-World, IATA, and the Worldwide Airport Coordinators Group (WWACG). While FAA is considering whether to implement certain changes to the Guidelines in the United States, it will continue to apply WSG edition 9.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Operating Limitations at John F. Kennedy International Airport, 73 FR 3510 (Jan. 18, 2008), as most recently extended 89 FR 41486 (May 13, 2024). The slot coordination parameters for JFK are set forth in this Order.
                    </P>
                </FTNT>
                <P>
                    FAA has designated EWR, LAX, ORD, and SFO as IATA Level 2 airports 
                    <SU>3</SU>
                    <FTREF/>
                     subject to a schedule review process premised upon voluntary cooperation. The Winter 2025/2026 scheduling season is from October 26, 2025, through March 28, 2026, in recognition of the IATA Winter scheduling period.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         These designations remain effective until FAA announces a change in the 
                        <E T="04">Federal Register</E>
                        .
                    </P>
                </FTNT>
                <P>
                    FAA primarily is concerned about scheduled and other regularly conducted commercial operations during designated hours, but carriers may submit schedule plans for the entire day. The designated hours for the Winter 2025/2026 scheduling season are: at EWR and JFK from 0600 to 2300 Eastern Time,
                    <SU>4</SU>
                    <FTREF/>
                     at LAX and SFO from 0600 to 2300 Pacific Time,
                    <SU>5</SU>
                    <FTREF/>
                     and at ORD from 0600 to 2100 Central Time.
                    <SU>6</SU>
                    <FTREF/>
                     These hours are unchanged from previous scheduling seasons.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         1000 to 0300 UTC during Daylight Saving Time; 1100 to 0400 UTC for the remainder of the scheduling season.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         1300 to 0600 UTC during Daylight Saving Time; 1400 to 0700 UTC for the remainder of the scheduling season.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         1100 to 0200 UTC during Daylight Saving Time; 1200 to 0300 UTC for the remainder of the scheduling season.
                    </P>
                </FTNT>
                <P>Carriers should submit schedule information in sufficient detail including, at minimum, the marketing or operating carrier, flight number, scheduled time of operation, frequency, aircraft equipment, and effective dates. IATA standard schedule information format and data elements for communications at Level 2 and Level 3 airports in the IATA Standard Schedules Information Manual (SSIM) Chapter 6 may be used. The WSG provides additional information on schedule submissions at Level 2 and Level 3 airports. Some carriers at JFK manage and track slots through FAA-assigned Slot identification (ID) numbers corresponding to an arrival or departure slot in a particular half-hour on a particular day of week and date. FAA has a similar voluntary process for tracking schedules at EWR with Reference IDs, and certain carriers are managing their schedules accordingly. The primary users of IDs are United States and Canadian carriers that have the highest frequencies and considerable schedule changes throughout the season and can benefit from a simplified exchange of information not dependent on full flight details. Carriers are encouraged to submit schedule requests at those airports using Slot or Reference IDs.</P>
                <P>As stated in the WSG, schedule facilitation at a Level 2 airport is based on the following: (1) Schedule adjustments are mutually agreed upon between the carriers and the facilitator; (2) the intent is to avoid exceeding the airport's coordination parameters; (3) the concepts of historic precedence and series of slots do not apply at Level 2 airports, although WSG recommends giving priority to approved services that plan to operate unchanged from the previous equivalent season at Level 2 airports; and (4) the facilitator should adjust the smallest number of flights by the least amount of time necessary to avoid exceeding the airport's coordination parameters. Consistent with the WSG, the success of Level 2 in the United States depends on the voluntary cooperation of carriers.</P>
                <P>
                    FAA considers several factors and priorities that are consistent with the WSG as it reviews schedule and slot requests at Level 2 and Level 3 airports, including (1) historic slots or services from the previous equivalent season over new demand for the same timings; (2) services that are unchanged over services that plan to change time or other capacity relevant parameters; (3) introduction of year-round services; (4) effective period of operation; (5) regularly planned operations over 
                    <E T="03">ad hoc</E>
                     operations; and (6) other operational factors that may limit a carrier's timing flexibility.
                </P>
                <P>FAA seeks to maintain close communications with carriers and terminal schedule facilitators on potential runway schedule issues or terminal and gate issues that may affect the runway times. In addition to applying these priorities from the WSG, the U.S. Government has adopted a number of measures and procedures to promote competition and new entry at U.S. slot-controlled and schedule-facilitated airports.</P>
                <P>Slot management in the United States differs in some respect from procedures in other countries. In the United States, FAA is responsible for facilitation and coordination of runway access for takeoffs and landings at Level 2 and Level 3 airports; however, the airport authority or its designee is responsible for facilitation and coordination of terminal/gate/airport facility access. The process with the individual airports for terminal access and other airport services is separate from, and in addition to, FAA schedule review based on runway capacity.</P>
                <P>
                    Generally, FAA uses average hourly runway capacity throughput for airports and performance metrics in conducting its schedule review at Level 2 airports and determining the scheduling limits at Level 3 airports included in FAA rules or orders.
                    <SU>7</SU>
                    <FTREF/>
                     FAA also considers other factors that can affect operations, such as capacity changes due to runway, taxiway, or other airport construction, air traffic control procedural changes, airport surface operations, and historical or projected flight delays and congestion.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         FAA typically determines an airport's average adjusted runway capacity or typical throughput for Level 2 airports by reviewing hourly data on the arrival and departure rates that air traffic control indicates could be accepted for that hour, commonly known as “called” rates. FAA also reviews the actual number of arrivals and departures that operated in the same hour. Generally, FAA uses the higher of the two numbers, called or actual, for identifying trends and schedule review purposes. Some dates are excluded from analysis, such as during periods when extended airport closures or construction could affect capacity.
                    </P>
                </FTNT>
                <P>Finally, FAA notes that the schedule information submitted by carriers to FAA may be subject to disclosure under the Freedom of Information Act (FOIA). The WSG also provides for release of information at certain stages of slot coordination and schedule facilitation. In general, once it acts on a schedule submission or slot request, FAA may release information on slot allocation or similar slot transactions, or schedule information reviewed as part of the schedule facilitation process. FAA does not expect that practice to change, and most slot and schedule information would not be exempt from release under FOIA. FAA recognizes that some carriers may submit information on schedule plans that is both customarily and actually treated as private. Carriers that submit such confidential schedule information should clearly mark the information, or any relevant portions thereof, as proprietary information (“PROPIN”). FAA will take the necessary steps to protect properly designated information to the extent allowable by law.</P>
                <HD SOURCE="HD1">EWR General Information</HD>
                <P>
                    Consistent with the WSG, carriers are asked for their voluntary cooperation to adjust schedules to meet the targeted scheduling limits in order to minimize potential congestion and delay. For the Winter 2025/2026 scheduling season, the voluntary, targeted hourly scheduling limits remain at 77 operations and 41 operations per half-hour.
                    <SU>8</SU>
                    <FTREF/>
                     To help with a balance between arrivals and departures, the targeted maximum number of scheduled arrivals or departures, respectively, is 41 in an hour and 22 in a half-hour. These targets 
                    <PRTPAGE P="12933"/>
                    are expected to allow some higher levels of operations in certain periods (not to exceed the hourly limits) and some recovery from lower demand in adjacent periods. Consistent with general established practice at EWR, FAA will accept flights above the limits if the flights were operated as approved, or treated as operated, by the same carrier on a regular basis in the previous corresponding season (
                    <E T="03">i.e.,</E>
                     Winter 2024/2025) and consistent with DOT's 2022 reassignment of 16 peak-hour runway timings.
                    <SU>9</SU>
                    <FTREF/>
                     However, FAA does not intend to approve requests for new flights unless they can be accommodated within the targeted limits. FAA is seeking carriers' voluntary cooperation to get scheduled operations down to the targeted scheduling limits.
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         89 FR 43501 (May 17, 2024).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Department of Transportation Order 2022-7-1, Docket DOT-OST-2021-0103, served July 5, 2022, “Reassignment of Schedules at Newark-Liberty International Airport.”
                    </P>
                </FTNT>
                <P>Carriers are reminded that FAA approval for runway times is separate from the approval process for gates or other airport infrastructure and both are essential for the success of Level 2 at EWR. Schedule facilitation at Level 2 airports is designed to engender collaboration and gain mutual agreement between the carriers and FAA regarding schedules and potential adjustments to stay within the performance goals and capacity limits of the airport and to mitigate delays and congestion that would result in the need for Level 3 slot controls. FAA expects that all carriers operating at EWR will respect the targeted scheduling limits and work cooperatively with FAA in order to avoid unacceptable delays and other adverse operational impacts at the airport.</P>
                <SIG>
                    <DATED>Issued in Washington, DC, on March 13, 2025.</DATED>
                    <NAME>Daniel J. Murphy,</NAME>
                    <TITLE>Vice President, System Operations Services.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04476 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <SUBJECT>Notice of Availability, Notice of Public Comment Period, Notice of Virtual Public Meeting, and Request for Comment on the Draft Environmental Assessment for the SpaceX Falcon 9 Operations at Space Launch Complex 40 (SLC-40), Cape Canaveral Space Force Station, Florida</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability, public comment period, and virtual public meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        In accordance with the National Environmental Policy Act of 1969, as amended (NEPA) and FAA Order 1050.1F, 
                        <E T="03">Environmental Impacts: Policies and Procedures,</E>
                         the FAA is announcing the availability of and requesting comment on the Draft Environmental Assessment for SpaceX Falcon 9 Operations at Space Launch Complex 40, Cape Canaveral Space Force Station (Draft EA).
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The FAA will hold a virtual public meeting on the Draft EA on April 16, 2025, from 6-8 p.m. (eastern). Interested parties must register to join the virtual public meeting. Registration is now available at the link in 
                        <E T="02">ADDRESSES</E>
                        . The public comment period for the Draft EA and DAF's Draft FONSI will close on April 24, 2025.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                         The Draft EA is available for public review at 
                        <E T="03">https://www.faa.gov/space/stakeholder_engagement/SpaceX_Falcon_SLC_40_EA.</E>
                    </P>
                    <P>The Unique ID for this document is EAXX-021-12-000-1737545438.</P>
                    <P>
                        The United States Department of Air Force (DAF) is a Cooperating Agency for this Draft EA. In order to meet DAF's National Environmental Policy Act requirements for adopting the FAA's Environmental Assessment as a Cooperating Agency, (see 32 CFR 989.15(e)), the FAA has also posted a link to the Draft Finding of No Significant Impact (Draft FONSI) on behalf of the DAF for public comment. The DAF Draft FONSI can be viewed at: The DAF Draft FONSI can be viewed at: 
                        <E T="03">https://www.patrick.spaceforce.mil/Resources/Environmental-Information/.</E>
                    </P>
                    <P>
                        The Draft EA and Draft FONSI have been posted and comments will be received through the Federal E-Rulemaking Portal: 
                        <E T="03">http://www.regulations.gov.</E>
                         Search for “FAA-2025-0114” to retrieve the docket and follow the instructions to submit a comment.
                    </P>
                    <P>
                        The FAA invites interested parties to submit comments on the Draft EA and USSF Draft FONSI. Public comments can be submitted electronically to 
                        <E T="03">www.regulations.gov</E>
                         under Docket No. FAA-2025-0114, by postal mail to Ms. Eva Long, FAA Environmental Protection Specialist, c/o ICF, 1902 Reston Metro Plaza Reston, VA 20190, or delivered in verbal form at the public meeting.
                    </P>
                    <P>
                        • 
                        <E T="03">Meeting Registration Link:</E>
                          
                        <E T="03">https://us02web.zoom.us/webinar/register/WN_8qtN8bzPS1eApVobqo8poA</E>
                        .
                    </P>
                    <P>
                        <E T="03">Dial-in phone number:</E>
                         888-788-0099 (Toll Free), Webinar ID: 853 9161 5696, Passcode: 743444.
                    </P>
                </ADD>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Draft EA analyzes:</P>
                <P>• Up to 120 Falcon 9 launches annually at SLC-40, an annual increase of 70 launches from the 50 previously analyzed.</P>
                <P>• Construction and operation of a landing zone at Space Launch Complex-40, and</P>
                <P>• Up to 34 first-stage booster landings at the new landing zone annually.</P>
                <P>The Draft EA also evaluates the potential environmental impacts associated with FAA's approval of related airspace closures.</P>
                <P>
                    The FAA will provide a pre-recorded presentation during the first portion of the public meeting. The public will have the opportunity to submit written and oral comments during the meeting. Both English and Spanish versions of the presentation will be made available to the public on April 16, 2025 on the project website: 
                    <E T="03">https://www.faa.gov/space/stakeholder_engagement/SpaceX_Falcon_SLC_40_EA.</E>
                </P>
                <P>
                    More information on the Draft EA, Draft FONSI, and virtual public meetings can be found at 
                    <E T="03">https://www.faa.gov/space/stakeholder_engagement/SpaceX_Falcon_SLC_40_EA.</E>
                     If any accommodation for the public meeting is needed (such as additional translation services), please submit a request by April 4, 2025, to 
                    <E T="03">SpaceXFalconSLC40@icf.com.</E>
                </P>
                <P>Before including your address, phone number, email address, or other personal identifying information in your comment, be advised that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask the FAA in your comment to withhold from public review your personal identifying information, the FAA cannot guarantee that it will be able to do so. All comments received during the comment period will be given equal weight and be taken into consideration in the preparation of the Final EA.</P>
                <SIG>
                    <PRTPAGE P="12934"/>
                    <DATED>Issued in Washington, DC, on March 13, 2025.</DATED>
                    <NAME>Stacey Molinich Zee,</NAME>
                    <TITLE>Manager, Operations Support Branch.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04488 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Maritime Administration</SUBAGY>
                <DEPDOC>[Docket No. MARAD-2025-0005]</DEPDOC>
                <SUBJECT>Request for Comments on the Reinstatement of a Previously Approved Collection: United States Marine Highway Program</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Maritime Administration, Department of Transportation.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Maritime Administration (MARAD) invites public comments on our intention to request the Office of Management and Budget (OMB) approval to renew an information collection in accordance with the Paperwork Reduction Act of 1995. The proposed collection OMB 2133-0541 (United States Marine Highway Program) (the Program) will be used to evaluate and review applications being submitted for grant award consideration. The James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 made substantive changes to the Program, including eliminating the requirement for MARAD to designate projects before they are eligible to compete from grants. As a result, on August 28, 2023, MARAD discontinued this collection. The Maritime Administration intends to reinstate this collection to facilitate operation of the Program, which provides funding to develop, expand, or promote marine highway transportation or shipper use of marine highway transportation, this collection is being reinstated. We are required to publish this notice in the 
                        <E T="04">Federal Register</E>
                         to obtain comments from the public and affected agencies.
                    </P>
                </SUM>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for the proposed information collections should be sent within 30 days of publication of this notice to 
                        <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                         Find this information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Timothy Pickering, 202-366-0704, Office of Ports &amp; Waterways Planning, Maritime Administration, 1200 New Jersey Ave. SE, Washington, DC 20590, Email: 
                        <E T="03">timothy.pickering@dot.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Title:</E>
                     United States Marine Highway Program.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     2133-0541.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Reinstatement of a previously approved information collection.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     The Department of Transportation will solicit grant applications for Marine Highway Grant funding should Congress appropriate funding. In the event of such appropriations, MARAD will publish a Notice of Funding Opportunity that will include instructions for applicants and Administration priorities for the Program.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     States, political subdivisions of a State, or a local government, a United States metropolitan planning organization, a United States port authority, a Tribal government, or a United States private sector operator of marine highway projects.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Vessel Operators.
                </P>
                <P>
                    <E T="03">Estimated Number of Respondents:</E>
                     25.
                </P>
                <P>
                    <E T="03">Estimated Number of Responses:</E>
                     225.
                </P>
                <P>
                    <E T="03">Annual Estimated Total Annual Burden Hours:</E>
                     1,700.
                </P>
                <P>
                    <E T="03">Frequency of Response:</E>
                     Annually.
                </P>
                <P>
                    A 60-day 
                    <E T="04">Federal Register</E>
                     Notice soliciting comments on this information collection was published on December 6, 2024 (FR 97167, Vol. 89, No. 235).
                </P>
                <EXTRACT>
                    <FP>(Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 35, as amended; 49 CFR 1.49.)</FP>
                </EXTRACT>
                <P>By Order of the Executive Director in lieu of the Maritime Administrator.</P>
                <SIG>
                    <NAME>T. Mitchell Hudson, Jr.,</NAME>
                    <TITLE>Secretary, Maritime Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04563 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-81-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Pipeline and Hazardous Materials Safety Administration</SUBAGY>
                <DEPDOC>[Docket No. PHMSA-2024-0180, (Notice No. 2024-15)]</DEPDOC>
                <SUBJECT>Hazardous Materials: Request for Feedback on Determining the Effectiveness of Pressure Relief Devices (PRDs) on Composite Overwrapped Pressure Vessels (COPVs)</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; request for information.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>PHMSA is publishing this notice to solicit information to evaluate the test design for proposed bonfire tests on fully charged composite overwrapped pressure vessels (COPVs) with different pressure relief devices; seek input on how test results could inform design guidelines for COPVs; and solicit feedback on the impacts of possible updates for design guidelines.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Interested parties are invited to submit comments on or before June 17, 2025. Comments received after that date will be considered to the extent possible.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments identified by the Docket Number PHMSA-2024-0180 by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal: https://www.regulations.gov.</E>
                         Follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         1-202-493-2251.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Docket Management System; U.S. Department of Transportation, West Building, Ground Floor, Room W12-140, Routing Symbol M-30, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery:</E>
                         Docket Management System; Room W12-140 on the ground floor of the West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions must include the agency name and Docket Number [PHMSA-2024-0180] for this notice. To avoid duplication, please use only one of these four methods. All comments received will be posted without change to the Federal Docket Management System (FDMS) and will include any personal information you provide.
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         For access to the dockets to read background documents or comments received, go to 
                        <E T="03">http://www.regulations.gov</E>
                         or DOT's Docket Operations Office (see 
                        <E T="02">ADDRESSES</E>
                        ).
                    </P>
                    <P>
                        <E T="03">Privacy Act:</E>
                         In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public. DOT posts these comments, without edit, including any personal information the commenter provides, to 
                        <E T="03">http://www.regulations.gov,</E>
                         as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
                        <E T="03">http://www.dot.gov/privacy.</E>
                    </P>
                    <P>
                        <E T="03">Confidential Business Information (CBI):</E>
                         CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your 
                        <PRTPAGE P="12935"/>
                        comments responsive to this notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this notice, it is important that you clearly designate the submitted comments as “CBI.” Please mark each page of your submission containing CBI as “PROPIN.” Submissions containing CBI should be sent to Andrew Leyder, Pipeline and Hazardous Materials Safety Administration,  U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. Any commentary that PHMSA receives that is not specifically designated as CBI will be placed in the public docket for this notice.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Andrew Leyder, Office of Hazardous Materials Safety, Research, Development &amp; Technology, by phone at 202-360-0664, by email at 
                        <E T="03">andrew.leyder@dot.gov,</E>
                         or by mail at Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Purpose</HD>
                <P>PHMSA is publishing this notice to (1) solicit information to evaluate the test design for proposed bonfire tests on fully charged composite overwrapped pressure vessels (COPVs) with different Pressure Relief Devices; (2) seek input on how test results could inform design guidelines for COPVs; and (3) solicit feedback on the impacts of possible updates for design guidelines.</P>
                <HD SOURCE="HD1">II. Background</HD>
                <P>
                    Pressure relief devices (PRDs) are standard equipment on all compressed natural gas containers. The function of a PRD is to vent the compressed gases in the case of a fire, preventing rupture and the subsequent high-pressure gas release with a possible ignition and explosion. If the gas is released at high-pressure in certain environments, the result could be catastrophic. Therefore, PRD design and manufacture must offer a degree of protection and reliability that meets or exceeds that of the cylinder to provide the proper degree of safety. Pressure vessels can be constructed using metal (
                    <E T="03">e.g.,</E>
                     steel or aluminum) or composite material (
                    <E T="03">i.e.,</E>
                     cylinder/tube is wrapped with continuous filaments held with metallic/polymer liners). Pressure vessels used for transporting flammable gases are equipped with PRDs to prevent explosions or ruptures during a fire. Per the Compressed Gas Association (CGA) pamphlet S1.1, both metallic pressure vessels and COPVs are typically equipped with CG-4 or CG-5 devices. These PRDs are designed to activate under a combination of excess temperature and pressure during a fire. The CG-4 device is more sensitive to temperature as it uses a fusible metal plug that melts at a lower temperature than those used in a CG-5 device.
                </P>
                <P>Though there have been issues of premature activation, PRDs historically have been used without major problems. Stainless steel DOT-approved cylinders are proven to be fire-resistant for 20 minutes without significant loss of yield strength. Due to heat conduction through these steel cylinders, the PRDs may be activated before cylinder rupture when exposed to excessive heat.</P>
                <P>In contrast, COPVs are more heat-insulating; the internal pressure of the cylinder typically will not reach PRD activating pressures before the resin in the COPV shell begins to fail. Consequently, COPVs will often rupture at lower internal pressures than their metallic counterparts because of hull breakdown, and the CG-4 and CG-5 PRDs never reach burst pressures.</P>
                <P>On February 11, 2018, a fire incident occurred involving a COPV hydrogen tube trailer equipped with Type CG-5 PRDs. A subsequent National Transportation Safety Board (NTSB) investigation (NTSB incident report number NTSB/HZM-19/02 PB2019-101398) indicated that the Type CG-5 PRDs installed on these COPVs had a lower setting than is required under CGA PRD standard CGA S1.1. The lower set pressure of the Type CG-5 PRDs resulted in premature activation of the devices and caused a fire. The fire then spread to adjacent COPVs, which had CG-5 PRDs that did not function correctly, resulting in an explosion of several additional COPVs. NTSB determined that while a correctly rated CG-5 PRD may have reduced the risk of fire initiation, the CG-5 PRD would not have prevented the COPVs from exploding due to exposure to high heat temperatures.</P>
                <P>
                    The NTSB report for this incident is available online at 59258 (ntsb.gov). NTSB directed PHMSA to work with CGA to develop design guidelines for tube trailer pressure relief device vent systems in Recommendation H-19-21. To address that recommendation, a systematic evaluation of alternative PRDs in COPVs is necessary. There are alternative PRDs (
                    <E T="03">e.g.,</E>
                     CG-9 and CG-10) that use thermal activation rather than the pressure/temperature combination for activation. These PRDs are commonly used on NGV-2 composite tubes, which have different design specifications and operating conditions than COPVs regulated under the Hazardous Materials Regulations (49 CFR parts 171 through 180). To evaluate whether thermally activated PRDs are effective alternatives for COPVs, PHMSA is proposing a test design for various PRDs subjected to bonfire tests on COPVs.
                </P>
                <HD SOURCE="HD1">III. Request for Feedback</HD>
                <P>The objective of this project is to assess the effectiveness of various PRDs when subjected to bonfire tests on fully charged COPVs. The test results will determine the optimal number, type, and location of PRDs to install in fully charged COPVs. The goal is to prevent potential cylinder ruptures similar to the one described in the NTSB investigation and recommendations reports. These test results can inform future pressure vessel design guidelines.</P>
                <P>The specified COPVs are:</P>
                <P>a. Type 3 COPVs with 16″ outside diameter, 120″ length, and 5,400-psig test pressure.</P>
                <P>b. Type 4 COPVs with 16″ outside diameter, 120″ length, and 5,400-psig test pressure.</P>
                <P>PRDs to be tested are CG-4, CG-5, CG-9, and CG-10 PRDs that meet the requirements set forth in pamphlet S1.1 of the CGA.</P>
                <P>Bonfire testing will be completed under four different pressure vessel configurations at three different locations for each PRD. Each bonfire will be applied for a minimum of 30 minutes.</P>
                <P>• One type 3 COPV with a CG-4 PRD at each end will be used, with the center of the fire at three different locations (PRD exposed to fire 6″ and 10″ away from the fire).</P>
                <P>• One type 4 COPV with a CG-5 PRD at each end will be used, with the center of the fire at three different locations (PRD exposed to fire 6″ and 10″ away from the fire).</P>
                <P>• A steel pipe with a CG-9 PRD will be used, with the center of the fire at three different locations (PRD exposed to fire 6″ and 10″ away from the fire).</P>
                <P>• A steel pipe with a CG-10 PRD will be used, with the center of the fire at three different locations (PRD exposed to fire 6″ and 10″ away from the fire).</P>
                <P>• One type 4 COPV with a CG-9 PRD at each end will be used, with the center of the fire at three different locations (PRD exposed to fire 6″ and 10″ away from the fire).</P>
                <P>
                    • One type 4 COPV with a CG-10 PRD at each end will be used, with the center of the fire at three different locations (PRD exposed to fire 6″ and 10″ away from the fire).
                    <PRTPAGE P="12936"/>
                </P>
                <P>PHMSA requests comment on the following questions to assist in our evaluation of the proposed research and development with a scope as specified above.</P>
                <P>1. Would the results from the proposed testing adequately inform design specifications for vent systems?</P>
                <P>2. Is the number of COPV tubes in the above test matrix adequate for a representative test of the COPV, or should additional COPV tubes be tested to ensure replicability?</P>
                <P>3. Is a bonfire test of at least 30 minutes sufficient to test activation of the PRDs? If not, what would be a sufficient minimum duration to test PRD activation?</P>
                <P>4. Should a minimum bonfire temperature be specified to test PRD activation? If so, what should the minimum bonfire temperature be?</P>
                <P>5. Is the number of bonfire tests (one for each configuration) sufficient to test PRD effectiveness? If not, how many replicates of the test should be conducted?</P>
                <P>6. Would testing at 6″ and 10″ away from the center of the fire be sufficient to capture differences in fire location from the PRDs? If not, what fire distances/locations are recommended?</P>
                <P>7. Should different operating pressures be tested? If so, what other pressures should be tested?</P>
                <P>8. Do the proposed COPV/PRD combinations provide an accurate comparison of temperature/pressure-activated PRDs to temperature-activated PRDs? If not, which COPV/PRD combinations should also be considered in addition to the above testing matrix?</P>
                <P>9. What other variables, if any, should be included in testing?</P>
                <P>10. Are there other existing safety concerns about COPVs and PRDs that PHMSA should be aware of?</P>
                <P>11. What, if any, are the cost impacts of using CG-9 or CG-10 PRDs on COPVs instead of CG-4 or CG-5?</P>
                <P>12. How common is the current use of CG-9 or CG-10 PRDs for COPVs used to transport flammable gases?</P>
                <P>13. Should the allowable PRDs for COPVs used to transport flammable gases be limited to CG-9 or CG-10?</P>
                <SIG>
                    <DATED>Issued in Washington, DC, on March 14, 2025.</DATED>
                    <NAME>Yolanda Y. Braxton,</NAME>
                    <TITLE>Director, Operations System Division, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04605 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-60-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
                <SUBAGY>Office of Foreign Assets Control</SUBAGY>
                <SUBJECT>Notice of OFAC Sanctions Action</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Foreign Assets Control, Treasury.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing the names of one or more persons and vessels that have been placed on OFAC's Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC's determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them. The vessels placed on the SDN List have been identified as property in which a blocked person has an interest.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        This action was issued on March 13, 2025. See 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         for relevant dates.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        OFAC: Associate Director for Global Targeting, 202-622-2420; Assistant Director for Licensing, 202-622-2480; Assistant Director for Sanctions Compliance, 202-622-2490 or 
                        <E T="03">https://ofac.treasury.gov/contact-ofac.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Electronic Availability</HD>
                <P>
                    The SDN List and additional information concerning OFAC sanctions programs are available on OFAC's website: 
                    <E T="03">https://ofac.treasury.gov.</E>
                </P>
                <HD SOURCE="HD1">Notice of OFAC Action</HD>
                <P>On March 13, 2025, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked under the relevant sanctions authority listed below.</P>
                <BILCOD>BILLING CODE 4810-AL-P</BILCOD>
                <GPH SPAN="3" DEEP="640">
                    <PRTPAGE P="12937"/>
                    <GID>EN19MR25.022</GID>
                </GPH>
                <GPH SPAN="3" DEEP="640">
                    <PRTPAGE P="12938"/>
                    <GID>EN19MR25.023</GID>
                </GPH>
                <GPH SPAN="3" DEEP="427">
                    <PRTPAGE P="12939"/>
                    <GID>EN19MR25.024</GID>
                </GPH>
                <BILCOD>BILLING CODE 4810-AL-C</BILCOD>
                <P>On March 13, 2025, OFAC also identified the following vessels as property in which a blocked person has an interest under the relevant sanctions authority listed below.</P>
                <HD SOURCE="HD1">Vessels</HD>
                <P>1. BLUE GULF (T8A4799) Crude Oil Tanker Palau flag; Vessel Registration Identification IMO 9328716; MMSI 511101436 (vessel) [IRAN-EO13902] (Linked To: UNITED TANKERS LTD).</P>
                <P>Identified as property in which UNITED TANKERS LTD, a person whose property and interests in property are blocked pursuant to E.O. 13902, has an interest.</P>
                <P>2. ITAUGUA (D6A3529) Crude Oil Tanker Comoros flag; Vessel Registration Identification IMO 9102277; MMSI 620999528 (vessel) [IRAN-EO13902] (Linked To: ITAUGUA SERVICES INC).</P>
                <P>Identified as property in which ITAUGUA SERVICES INC, a person whose property and interests in property are blocked pursuant to E.O. 13902, has an interest.</P>
                <P>3. PEACE HILL (VRGO9) Crude Oil Tanker Hong Kong flag; Vessel Registration Identification IMO 9288019; MMSI 477738400 (vessel) [IRAN-EO13902] (Linked To: HONG KONG HESHUN TRANSPORTATION TRADING LIMITED).</P>
                <P>Identified as property in which HONG KONG HESHUN TRANSPORTATION TRADING LIMITED, a person whose property and interests in property are blocked pursuant to E.O. 13902, has an interest.</P>
                <P>4. SEASKY (T7BN2) Crude Oil Tanker San Marino flag; Vessel Registration Identification IMO 9237412; MMSI 268242902 (vessel) [IRAN-EO13902] (Linked To: SEASKY MARINE CO., LIMITED).</P>
                <P>Identified as property in which SEASKY MARINE CO., LIMITED, a person whose property and interests in property are blocked pursuant to E.O. 13902, has an interest.</P>
                <P>5. LEXI (a.k.a. LEXIE) (TJ04M) Crude Oil Tanker Cameroon flag; Vessel Registration Identification IMO 9203277; MMSI 613806561 (vessel) [IRAN-EO13902] (Linked To: SEA SERVICES PROVIDERS NV).</P>
                <P>Identified as property in which SEA SERVICES PROVIDERS NV, a person whose property and interests in property are blocked pursuant to E.O. 13902, has an interest.</P>
                <P>6. LYDYA N (a.k.a. OMAN PRIDE) (T8A4077) Crude Oil Tanker Palau flag; Vessel Registration Identification IMO 9153525; MMSI 511100863 (vessel) [IRAN-EO13902] (Linked To: TURQUOISE SEA MARINE LIMITED).</P>
                <P>
                    Identified as property in which TURQUOISE SEA MARINE LIMITED, a 
                    <PRTPAGE P="12940"/>
                    person whose property and interests in property are blocked pursuant to E.O. 13902, has an interest.
                </P>
                <P>7. POLARIS 1 (EPXT5) Chemical/Oil Tanker Iran flag; Vessel Registration Identification IMO 9272694; MMSI 422546600 (vessel) [IRAN-EO13902] (Linked To: FALLON SHIPPING COMPANY LIMITED).</P>
                <P>Identified as property in which FALLON SHIPPING COMPANY LIMITED, a person whose property and interests in property are blocked pursuant to E.O. 13902, has an interest.</P>
                <P>8. CORONA FUN (3E5355) Crude Oil Tanker Panama flag; Vessel Registration Identification IMO 9276573; MMSI 352003958 (vessel) [IRAN-EO13902] (Linked To: SUN SCIENCE INTERNATIONAL CO., LIMITED).</P>
                <P>Identified as property in which SUN SCIENCE INTERNATIONAL CO., LIMITED, a person whose property and interests in property are blocked pursuant to E.O. 13902, has an interest.</P>
                <P>9. SHANNON II (8P2369) Crude Oil Tanker Barbados flag; Vessel Registration Identification IMO 9237797; MMSI 314903000 (vessel) [IRAN-EO13902] (Linked To: CELESTITE MARITIME INC).</P>
                <P>Identified as property in which CELESTITE MARITIME INC, a person whose property and interests in property are blocked pursuant to E.O. 13902, has an interest.</P>
                <P>10. NESO (3E5143) Crude Oil Tanker PANAMA flag; Vessel Registration Identification IMO 9257149; MMSI 352003483 (vessel) [IRAN-EO13902] (Linked To: NEPTUNE MARINE LTD).</P>
                <P>Identified as property in which NEPTUNE MARINE LTD, a person whose property and interests in property are blocked pursuant to E.O. 13902, has an interest.</P>
                <SIG>
                    <NAME>Lisa M. Palluconi,</NAME>
                    <TITLE>Acting Director,Office of Foreign Assets Control.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2025-04526 Filed 3-18-25; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4810-AL-P</BILCOD>
        </NOTICE>
    </NOTICES>
    <VOL>90</VOL>
    <NO>52</NO>
    <DATE>Wednesday, March 19, 2025</DATE>
    <UNITNAME>Proposed Rules</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="12941"/>
            <PARTNO>Part II</PARTNO>
            <AGENCY TYPE="P">Department of Health and Human Services</AGENCY>
            <CFR>45 CFR Parts 147, 155 and 156</CFR>
            <TITLE>Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability; Proposed Rule</TITLE>
        </PTITLE>
        <PRORULES>
            <PRORULE>
                <PREAMB>
                    <PRTPAGE P="12942"/>
                    <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                    <CFR>45 CFR Parts 147, 155, and 156</CFR>
                    <DEPDOC>[CMS-9884-P]</DEPDOC>
                    <RIN>RIN 0938-AV61</RIN>
                    <SUBJECT>Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability</SUBJECT>
                    <AGY>
                        <HD SOURCE="HED">AGENCY:</HD>
                        <P>Centers for Medicare &amp; Medicaid Services (CMS), Department of Health and Human Services (HHS).</P>
                    </AGY>
                    <ACT>
                        <HD SOURCE="HED">ACTION:</HD>
                        <P>Proposed rule.</P>
                    </ACT>
                    <SUM>
                        <HD SOURCE="HED">SUMMARY:</HD>
                        <P>This proposed rule would revise standards relating to past-due premium payments; exclude Deferred Action for Childhood Arrivals recipients from the definition of “lawfully present”; the evidentiary standard HHS uses to assess an agent's, broker's, or web-broker's potential noncompliance; failure to file and reconcile; income eligibility verifications for premium tax credits and cost-sharing reductions; annual eligibility redetermination; the automatic reenrollment hierarchy; the annual open enrollment period; special enrollment periods; de minimis thresholds for the actuarial value for plans subject to essential health benefits (EHB) requirements and for income-based cost-sharing reduction plan variations; and the premium adjustment percentage methodology; and prohibit issuers of coverage subject to EHB requirements from providing coverage for sex-trait modification as an EHB.</P>
                    </SUM>
                    <EFFDATE>
                        <HD SOURCE="HED">DATES:</HD>
                        <P>To be assured consideration, comments must be received by April 11, 2025.</P>
                    </EFFDATE>
                    <ADD>
                        <HD SOURCE="HED">ADDRESSES:</HD>
                        <P>In commenting, please refer to file code CMS-9884-P.</P>
                        <P>Comments, including mass comment submissions, must be submitted in one of the following three ways (please choose only one of the ways listed):</P>
                        <P>
                            1. 
                            <E T="03">Electronically.</E>
                             You may submit electronic comments on this regulation to 
                            <E T="03">http://www.regulations.gov.</E>
                             Follow the “Submit a comment” instructions.
                        </P>
                        <P>
                            2. 
                            <E T="03">By regular mail.</E>
                             You may mail written comments to the following address ONLY: Centers for Medicare &amp; Medicaid Services, Department of Health and Human Services, Attention: CMS-9884-P, P.O. Box 8016, Baltimore, MD 21244-8016.
                        </P>
                        <P>Please allow sufficient time for mailed comments to be received before the close of the comment period.</P>
                        <P>
                            3. 
                            <E T="03">By express or overnight mail.</E>
                             You may send written comments to the following address ONLY: Centers for Medicare &amp; Medicaid Services, Department of Health and Human Services, Attention: CMS-9884-P, Mail Stop C4-26-05, 7500 Security Boulevard, Baltimore, MD 21244-1850.
                        </P>
                        <P>
                            For information on viewing public comments, see the beginning of the 
                            <E T="02">SUPPLEMENTARY INFORMATION</E>
                             section.
                        </P>
                    </ADD>
                    <FURINF>
                        <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                        <P>Jeff Wu, (301) 492-4305, Rogelyn McLean, (410) 786-1524, Grace Bristol, (410) 786-8437, for general information.</P>
                    </FURINF>
                </PREAMB>
                <SUPLINF>
                    <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                    <P/>
                    <P>
                        <E T="03">Inspection of Public Comments:</E>
                         Comments received before the close of the comment period are available for viewing by the public, including any personally identifiable or confidential business information that is included in a comment. We post comments received before the close of the comment period on the following website as soon as possible after they have been received: 
                        <E T="03">http://www.regulations.gov.</E>
                         Follow the search instructions on that website to view public comments. We will not post on 
                        <E T="03">Regulations.gov</E>
                         public comments that make threats to individuals or institutions or suggest that the commenter will take actions to harm an individual. We continue to encourage individuals not to submit duplicative comments. We will post acceptable comments from multiple unique commenters even if the content is identical or nearly identical to other comments.
                    </P>
                    <P>
                        <E T="03">Plain Language Summary:</E>
                         In accordance with 5 U.S.C. 553(b)(4), a summary of not more than 100 words in length of this proposed rule, in plain language, may be found at 
                        <E T="03">https://www.regulations.gov/.</E>
                    </P>
                    <HD SOURCE="HD1">I. Executive Summary</HD>
                    <P>
                        On January 20, 2025, President Trump issued a memorandum entitled “Delivering Emergency Price Relief for American Families and Defeating the Cost-of-Living Crisis.” 
                        <SU>1</SU>
                        <FTREF/>
                         This memorandum instructed all executive departments and agencies to deliver emergency price relief for the American people and to increase the prosperity of the American worker. Health care represents a substantial portion of a family's budget and a tremendous cost to Federal taxpayers. To provide relief from rising health care costs, we propose several regulatory actions aimed at strengthening the integrity of the Patient Protection and Affordable Care Act (ACA) eligibility and enrollment systems to reduce waste, fraud, and abuse. We expect these actions would provide premium relief to families who do not qualify for Federal premium subsidies and reduce the burden of the ACA premium subsidy expenditures to the Federal taxpayer.
                    </P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             Executive Office of the President. (January 20, 2025). 
                            <E T="03">Delivering Emergency Price Relief for American Families and Defeating the Cost-of-Living Crisis. https://www.federalregister.gov/documents/2025/01/28/2025-01904/delivering-emergency-price-relief-for-american-families-and-defeating-the-cost-of-living-crisis.</E>
                        </P>
                    </FTNT>
                    <P>
                        Based on our review of enrollment data and our experience fielding consumer complaints, we believe several regulatory policies recently put in place to make it easier to enroll in subsidized coverage severely weakened program integrity and put consumers at risk from improper enrollment. In particular, these policies put consumers at risk for accumulating surprise tax liabilities and substantial inconveniences from resolving these liabilities, as well as other issues related to coverage changes and access to care, due to the improper enrollment. The substantial increase in consumer complaints from people who were unaware that they had been enrolled by an agent, broker, or web-broker in Exchange coverage suggests many of these improper enrollments are due to fraud.
                        <SU>2</SU>
                        <FTREF/>
                         We note, fraudulent enrollments involve enrollments obtained through willful misrepresentations whereas improper enrollments involve any enrollment determination that was made incorrectly for any reason which can include fraud.
                        <SU>3</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>2</SU>
                             For example, from January 2024 through August 2024, CMS received 90,863 complaints that consumers had their FFE plan changed without their consent (also known as an “unauthorized plan switch”). CMS (2024, October). 
                            <E T="03">CMS Update on Action to Prevent Unauthorized Agent and Broker Marketplace Activity. https://www.cms.gov/newsroom/press-releases/cms-update-actions-prevent-unauthorized-agent-and-broker-marketplace-activity.</E>
                             See also, U.S. Department of Justice. (2025, February 19). 
                            <E T="03">President of insurance brokerage firm and CEO of marketing company charged in $161M Affordable Care Act enrollment fraud scheme</E>
                             [Press release]. 
                            <E T="03">https://www.justice.gov/opa/pr/president-insurance-brokerage-firm-and-ceo-marketing-company-charged-161m-affordable-care.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>3</SU>
                             
                            <E T="03">See</E>
                             U.S. Government Accountability Office, Improper Payments and Fraud: How They Are Related but Different, December 7, 2023, 
                            <E T="03">https://www.gao.gov/products/gao-24-106608.</E>
                        </P>
                    </FTNT>
                    <P>
                        Because Federal law limits the amount that enrollees with lower household incomes must repay when they reconcile advance payments of the premium tax credit (APTC) received, these improper enrollments ended up costing Federal taxpayers billions of dollars. One analysis of improper enrollments estimated the Federal Government may have spent up to $26 billion on improper enrollments in 2024, before reconciling enrollment data.
                        <SU>4</SU>
                        <FTREF/>
                         The proposed provisions here aim 
                        <PRTPAGE P="12943"/>
                        to address these serious program integrity problems while at the same time delivering a streamlined enrollment and eligibility determination process for individual market consumers.
                    </P>
                    <FTNT>
                        <P>
                            <SU>4</SU>
                             Blase, B.; Gonshorowski, D. (2024, June). 
                            <E T="03">The Great Obamacare Enrollment Fraud.</E>
                             Paragon Health Institute. 
                            <E T="03">https://paragoninstitute.org/private-health/the-great-obamacare-enrollment-fraud.</E>
                        </P>
                    </FTNT>
                    <P>
                        Before summarizing these proposed rules, we believe it is important to review the interlocking policies the ACA put in place to expand access to coverage on the individual market.
                        <SU>5</SU>
                        <FTREF/>
                         A full understanding of how ACA individual market policies interact helps frame why we believe the program integrity and premium relief policies contained within these proposed rules are necessary to improve the individual health insurance market. As a starting point, the ACA establishes American Health Benefit Exchanges, or “Exchanges” to facilitate the purchase of qualified health plans (QHPs). Many individuals who enroll in QHPs through individual market Exchanges are eligible to receive a premium tax credit (PTC) to reduce their costs for health insurance premiums and have their out-of-pocket expenses for health care services reduced through cost-sharing reductions (CSR). Most individuals who claim PTCs receive APTC, which subsidizes lower monthly premiums, before they must file taxes. Taxpayers must then reconcile APTC paid to issuers on their behalf when they file taxes. The ACA includes limits on how much excess APTC a taxpayer must repay based on household income.
                    </P>
                    <FTNT>
                        <P>
                            <SU>5</SU>
                             The Patient Protection and Affordable Care Act (Pub. L. 111-148, 124 Stat. 119) was enacted on March 23, 2010. The Healthcare and Education Reconciliation Act of 2010 (Pub. L. 111-152, 124 Stat. 1049), which amended and revised several provisions of the Patient Protection and Affordable Care Act, was enacted on March 30, 2010. In this rulemaking, the two statutes are referred to collectively as the “Patient Protection and Affordable Care Act,” “Affordable Care Act,” or “ACA”.
                        </P>
                    </FTNT>
                    <P>The ACA's individual market rules require issuers to guarantee coverage to all applicants regardless of pre-existing conditions and restrict issuers from setting premiums based on health status. These requirements create an inherent bias towards adverse selection—a situation where individuals with higher risk are more likely to select coverage than healthy individuals—by allowing people to wait to enroll in coverage until they need health services. In such situations, health insurance issuers offering coverage to a larger proportion of higher risk enrollees raise premiums, which causes healthier people to drop coverage. Enough cycles of rising premiums and healthier people dropping coverage would create a “death spiral” and undermine the viability of the individual market for everyone.</P>
                    <P>To discourage people from waiting until they need health care services to sign up for coverage, the ACA permits issuers to limit enrollment periods to certain times. The ACA also provides PTC for plans sold through Exchanges to subsidize coverage for certain households.</P>
                    <P>
                        Several policies included in the ACA attempt to address its adverse selection bias. For example, adverse selection between plans can occur when one plan enrolls a disproportionate number of people with high risks. The ACA's risk adjustment program transfers funds from issuers with relatively low-risk enrollees to issuers with relatively high-risk enrollees, though implementation of the risk adjustment program has been criticized by some commenters for creating further distortions that limit incentives for issuers to attract lower-risk enrollees.
                        <SU>6</SU>
                        <FTREF/>
                         In addition, to avoid adverse selection between plans sold on and off the Exchanges, the ACA requires issuers to keep issuers to keep all individual market plans subject to the law's main coverage mandates in the same risk pool.
                    </P>
                    <FTNT>
                        <P>
                            <SU>6</SU>
                             Cruz, D; Fann, G. (2024, Sept.). 
                            <E T="03">It's Not Just the Prices: ACA Plans Have Declined in Quality Over the Past Decade.</E>
                             Paragon Health Institute. 
                            <E T="03">https://paragoninstitute.org/private-health/its-not-just-the-prices-aca-plans-have-declined-in-quality-over-the-past-decade/.</E>
                        </P>
                    </FTNT>
                    <P>
                        By tying an issuer's on-Exchange and off-Exchange individual market risk pools together, the ACA's unsubsidized off-Exchange market was intended to help anchor the subsidized Exchange enrollees to a more competitive and efficient market. A well-functioning market depends on consumers actively shopping for the best deal based on price and quality.
                        <SU>7</SU>
                        <FTREF/>
                         In practice, however, the high premiums of off-Exchange plans have made these options largely unattractive to unsubsidized consumers, with only an estimated 2.5 million people enrolling in unsubsidized off-Exchange coverage (including some in plans not subject to all of the ACA's market rules, like grandfathered and short-term plans) nationwide in 2023.
                        <SU>8</SU>
                        <FTREF/>
                         Further, subsidies, especially price-linked subsidies like PTCs, generally distort markets and weaken competition because the subsidized enrollee is no longer price sensitive to the full cost.
                        <SU>9</SU>
                        <FTREF/>
                         In a market where everyone is subsidized, prices would generally be much higher due to the subsidized consumers' lower level of price sensitivity.
                        <SU>10</SU>
                        <FTREF/>
                         When Congress enacted the ACA, the Congressional Budget Office (CBO) projected the law would enroll 15 million unsubsidized consumers—about the same as without the law—and another 19 million subsidized consumers.
                        <SU>11</SU>
                        <FTREF/>
                         Those 15 million unsubsidized consumers actively shopping for the best deal were expected to support a competitive and efficient market. In turn, the benefits from this competition would spill over to the subsidized consumers who benefit from the availability of higher quality health plans and the Federal taxpayers funding the subsidies who benefit from lower premium subsidies.
                    </P>
                    <FTNT>
                        <P>
                            <SU>7</SU>
                             Garrod, L.; Waddams, C.; Hvvid, M.; and Loomes, G. (2009). Competition Remedies in Consumer Markets. 
                            <E T="03">Loyola Consumer Law Review.</E>
                             21. 439-495. 
                            <E T="03">https://www.researchgate.net/publication/271701344_Competition_Remedies_in_Consumer_Markets</E>
                             (last accessed Feb. 23, 2025).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>8</SU>
                             Ortaliza, J.; Amin, K.; and Cox, C. (2023). As ACA Marketplace Enrollment Reaches Record High, Fewer Are Buying Individual Market Coverage Elsewhere. 
                            <E T="03">https://www.kff.org/private-insurance/issue-brief/as-aca-marketplace-enrollment-reaches-record-high-fewer-are-buying-individual-market-coverage-elsewhere/#.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>9</SU>
                             
                            <E T="03">See</E>
                             Sonia Jaffe and Mark Shepard, “Price-Linked Subsidies and Imperfect Competition in Health Insurance,” 
                            <E T="03">American Economic Journal: Economic Policy,</E>
                             Vol 12, No. 3, August 2020.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>10</SU>
                             While subsidized consumers are willing to tolerate higher prices than unsubsidized consumers, there are certain limits on how much prices can rise overall. The ACA's rate review provision (section 2794 of the Public Health Service Act (PHS Act)) restrains prices prospectively by placing scrutiny on proposed premium rate increases before they go into effect, which can discourage or prevent issuers from implementing unreasonable rate increases. The ACA's medical loss ratio provision (section 2718 of the PHS Act) limits prices retrospectively by requiring issuers to pay rebates to consumers if premium rates end up being excessive relative to actual medical costs.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>11</SU>
                             Congressional Budget Office. (2010, March 20) 
                            <E T="03">Letter to Nancy Pelosi.</E>
                             Congress of the U.S. Table 4, 
                            <E T="03">https://www.cbo.gov/sites/default/files/111th-congress-2009-2010/costestimate/amendreconprop.pdf.</E>
                        </P>
                    </FTNT>
                    <P>
                        The ACA did not roll out as intended when the ACA's main coverage mandates went into effect in 2014. Premiums increased much more and enrollment levels among both the subsidized and the unsubsidized were much lower than projected. Higher premiums then led to a substantial decline in unsubsidized enrollment, which undermined the competitiveness of the market. By 2019, our data showed that subsidized enrollment on the Exchanges had reached only 8.3 million while unsubsidized enrollment across the entire individual market subject to the ACA's market rules had dropped to 3.4 million.
                        <SU>12</SU>
                        <FTREF/>
                         To improve the 
                        <PRTPAGE P="12944"/>
                        attractiveness of the market, several States implemented reinsurance programs that lowered premiums for the unsubsidized by funding high-cost claims across the individual market. These policies helped retain unsubsidized enrollees who anchor the market in a more competitive and efficient position.
                    </P>
                    <FTNT>
                        <P>
                            <SU>12</SU>
                             CMS. (2020, Oct. 9). 
                            <E T="03">Trends in Subsidized and Unsubsidized Enrollment.</E>
                             p. 11. 
                            <E T="03">https://www.cms.gov/CCIIO/Resources/Forms-Reports-and-Other-Resources/Downloads/Trends-Subsidized-Unsubsidized-Enrollment-BY18-19.pdf.</E>
                             Note that, in 2019, an additional 1.4 million unsubsidized people remained enrolled in grandfathered and grandmothered individual market plans that were not subject to all of the ACA's market rules. 
                            <PRTPAGE/>
                            Grandmothered coverage refers to certain non-grandfathered health insurance coverage in the individual and small group market with respect to which CMS has announced it will not take enforcement action even though the coverage is out of compliance with certain specified market rules. See CMS. (2022, March 23). 
                            <E T="03">Extended Non-Enforcement of Affordable Care Act-Compliance with Respect to Certain Policies. https://www.cms.gov/files/document/extension-limited-non-enforcement-policy-through-calendar-year-2023-and-later-benefit-years.pdf.</E>
                        </P>
                    </FTNT>
                    <P>After reviewing individual market data and responding to a substantial increase in consumer complaints, we believe several rules we have implemented removed necessary program integrity protections and facilitated the substantial increase in improper enrollments on the Exchanges. Some of those rules removed or reduced eligibility verifications related to qualifying for APTC and CSR subsidies. Other rules amended enrollment period policies by removing verifications and expanding when and under what conditions a consumer can enroll. We believe the data and analysis presented in this preamble show how these rules have led to higher premiums and costs for consumers and taxpayers alike. Therefore, we propose the following regulatory changes to improve program integrity and protect against adverse selection, while at the same time keeping the enrollment process streamlined and accessible, especially for low-income consumers who utilize Exchanges for subsidized individual market coverage.</P>
                    <P>We propose to remove § 147.104(i), which would reverse the policy restricting an issuer from attributing payment of premium for new coverage to past-due premiums from prior coverage. This current policy, in effect, restricts issuers from establishing premium payment policies that require enrollees to pay past-due premiums to effectuate new coverage. While we previously concluded that this restriction would remove an unnecessary barrier and make it easier for consumers to enroll in coverage, recent enrollment data suggest people are manipulating guaranteed availability and grace periods to time coverage to when they need health care services. Alongside the removal of this restriction, we propose to allow issuers, subject to applicable State law, to add past-due premium amounts owed to the issuer to the initial premium the enrollee must pay to effectuate new coverage and to not effectuate new coverage if the past-due and initial premium amounts are not paid in full. We believe this change would strengthen the risk pool and lower gross premiums.</P>
                    <P>
                        We propose to modify the definition of “lawfully present” currently articulated at § 155.20 and used for the purpose of determining whether a consumer is eligible to enroll in a QHP through an Exchange or a Basic Health Program (BHP) in States that elect to operate a BHP.
                        <SU>13</SU>
                        <FTREF/>
                         The BHP regulations at 42 CFR 600.5 cross-reference the definition of lawfully present at 45 CFR 155.20. This change would reflect the explicit statutory requirements of the ACA by once again excluding “Deferred Action for Childhood Arrivals” (DACA) recipients from the definition of “lawfully present” that is used to determine eligibility to enroll in a QHP through an Exchange, for APTC and CSRs, and for a BHP in States that elect to operate a BHP.
                    </P>
                    <FTNT>
                        <P>
                            <SU>13</SU>
                             Currently, Minnesota and Oregon operate a BHP. See their approved BHP Blueprints, available at: 
                            <E T="03">https://www.medicaid.gov/basic-health-program/index.html.</E>
                        </P>
                    </FTNT>
                    <P>We propose to revise § 155.220(g)(2) to require HHS to apply a “preponderance of the evidence” standard of proof for terminations for cause by HHS of an agent's, broker's, or web-broker's Exchange agreements under § 155.220(g)(1). We also propose to add a definition for “preponderance of the evidence” to § 155.20. We believe this change would improve transparency in the process for holding agents, brokers, and web-brokers accountable for compliance with applicable law, regulatory requirements, and the terms and conditions of their Exchange agreements.</P>
                    <P>We propose to revise the failure to file and reconcile (FTR) process at § 155.305(f)(4) to reinstate the policy that Exchanges must determine a tax filer ineligible for APTC if: (1) HHS notifies the Exchange that the tax filer (or their spouse if the tax filer is a married couple) received APTC for a prior year for which tax data would be utilized for verification of income, and (2) the tax filer or tax filer's spouse did not comply with the requirement to file a Federal income tax return and reconcile APTC for that year. This proposed process would replace the existing requirement that Exchanges may not determine a tax filer eligible for APTC if HHS notifies the Exchanges that the tax filer (or either spouse if the tax filer is a married couple) received APTC for two consecutive years for which tax data would be utilized for verification of income, and (2) the tax filer or tax filer's spouse did not comply with the requirement to file a Federal income tax return and reconcile APTC for that year and the previous year. We believe this change would reduce the number of ineligible enrollees who continue to receive APTC, which would, in turn, lower APTC expenditures and protect ineligible enrollees from accumulating surprise tax liabilities. We also propose to amend the notice requirement at § 155.305(f)(4)(i) and remove the notice requirement at § 155.305(f)(4)(ii) to conform with the notice policy under the previous FTR policy.</P>
                    <P>
                        To further protect against consumers receiving APTC and CSR subsidies when they do not meet eligibility requirements, we propose policies to strengthen the verification process when there is an income inconsistency with trusted data sources. We propose to remove § 155.315(f)(7) which requires that applicants receive an automatic 60-day extension to the 90-day period set forth in section 1411(e)(4)(A) of the ACA to provide documentation to verify household income when there is an income inconsistency. Removing § 155.315(f)(7) would end APTC payments to individuals who have failed to provide documentation verifying their eligibility for APTC within 90 days and further protect them from surprise tax liabilities if they are ineligible. We also propose to revise § 155.320(c)(3)(iii) to specify that all Exchanges must generate annual household income inconsistencies when a tax filer's attested projected annual household income is greater than or equal to 100 percent and not more than 400 percent of the Federal poverty level (FPL) and trusted data sources indicate that projected household income is under 100 percent of the FPL. Finally, we propose to remove § 155.320(c)(5) which would remove the exception to the standard household income inconsistency process that requires the Exchange to accept an applicant's attestation of household income and family size without verification when the Internal Revenue Service (IRS) does not have tax return data to verify household income and family size. Removing this exception would in most circumstances require Exchanges to verify household income with other trusted data sources when a tax return is unavailable and follow the alternative verification process to verify the income, which would strengthen 
                        <PRTPAGE P="12945"/>
                        program integrity by improving the accuracy of eligibility determinations across all Exchanges.
                    </P>
                    <P>To prevent fully subsidized enrollees from being automatically re-enrolled without taking an action to confirm their eligibility information, we propose an amendment to the annual eligibility redetermination regulation and are seeking comment on a range of potential measures to ensure program integrity with respect to re-enrollments. We propose that, when an enrollee does not contact an Exchange to obtain an updated eligibility determination and select a plan on or before the last day to do so for January 1 coverage, in accordance with the effective dates specified in §§ 155.410(f) and 155.420(b), as applicable, and the enrollee's portion of the premium for the entire policy would be zero dollars after application of APTC through the Exchange's annual redetermination process, all Exchanges must decrease the amount of the APTC applied to the policy such that the remaining monthly premium owed by the enrollee for the entire policy equals $5 for the first month and for every following month that the enrollee does not confirm their eligibility for APTC. Consistent with § 155.310(c) and (f), enrollees automatically reenrolled with a $5 monthly premium after APTC under this policy would be able to update their Exchange application at any point to confirm eligibility for APTC that covers the entire premium, and re-confirm their plan to thereby reinstate the full amount of APTC for which the enrollee is eligible on a prospective basis. We propose that the Federally-facilitated Exchanges (FFEs) and the State-based Exchanges on the Federal platform (SBE-FPs) must implement this change starting with annual redeterminations for benefit year 2026. We propose that the State Exchanges must implement it starting with annual redeterminations for benefit year 2027. We believe these proposals would strengthen the program integrity of the Exchanges and protect consumers.</P>
                    <P>We are also seeking comment on a range of other options to ensure program integrity with respect to automatic re-enrollment that would provide a more meaningful incentive to confirm eligibility for APTC, as the millions estimated to currently receive improper APTC could simply pay the $5 premium while continuing to improperly receive generous subsidies on their behalf, potentially incurring significant future surprise tax liabilities in the process. As such, we are seeking comment on whether $5 is the appropriate premium amount for affected individuals to pay under the proposed policy. Another such option could include requiring individuals who qualify for fully subsidized plans to re-confirm their plan and re-verify their income before they are eligible to receive APTC. Finally, we are seeking comment on removing the option for Exchanges to auto-reenroll individuals who qualify for fully or partially subsidized plans, ensuring individuals affirmatively choose their plan and verify their income during the open enrollment period, dramatically reducing the likelihood of improper payments of the APTC.</P>
                    <P>We propose to amend the automatic reenrollment hierarchy by removing § 155.335(j)(4) which currently allows Exchanges to move a CSR-eligible enrollee from a bronze QHP and re-enroll them into a silver QHP for an upcoming plan year, if a silver QHP is available in the same product, with the same provider network, and with a lower or equivalent net premium after the application of APTC as the bronze plan into which the enrollee would otherwise have been re-enrolled. We believe the consumer awareness problem the current policy aimed to address is substantially less today and, therefore, no longer outweighs the negative consequences from not automatically re-enrolling consumers whose current plan remains available for an upcoming plan year without the active consent of the consumer, including that the policy could confuse consumers, undermine consumer choice, and create unexpected tax liability.</P>
                    <P>We propose to modify § 155.400(g) to remove paragraphs (2) and (3), which establish an option for issuers to implement a fixed dollar and/or gross percentage-based premium payment threshold. To preserve the integrity of the Exchanges, we believe it is important to ensure that enrollees do not remain enrolled in coverage without paying at least some of the premium owed, as there are situations where the fixed dollar and/or gross percentage-based thresholds would allow an enrollee to remain enrolled in coverage for extended periods of time after payment of the binder. Therefore, we propose to limit issuers to the net percentage-based premium payment threshold at § 155.400(g)(1).</P>
                    <P>For benefit years starting January 1, 2026, and beyond, we propose to change the annual Open Enrollment Period (OEP) for coverage through all individual market Exchanges from November 1 through January 15 to November 1 through December 15 of the calendar year preceding the benefit year of enrollment. This change would also apply to non-grandfathered individual health insurance coverage offered outside of an Exchange.</P>
                    <P>We propose to remove § 155.420(d)(16) and make conforming changes to repeal the monthly special enrollment period (SEP) for qualified individuals or enrollees, or the dependents of a qualified individual or enrollee, who are eligible for APTC and whose projected household income is at or below 150 percent of the FPL. We believe this proposal and the proposal to change the length of the OEP would improve the risk pool by reducing adverse selection from people who may otherwise wait to enroll until they need health care services and would encourage enrollees to maintain continuous coverage for the full year. We also anticipate this would lower premiums.</P>
                    <P>
                        Based on recent evidence 
                        <SU>14</SU>
                        <FTREF/>
                         suggesting an increase in the misuse and abuse of SEPs to gain coverage outside the OEP, we propose to amend § 155.420(g) to enable HHS to reinstate pre-enrollment verification of eligibility of applicants for all categories of individual market SEPs. We propose to further amend § 155.420(g) to require all Exchanges to conduct pre-enrollment verification of eligibility for at least 75 percent of new enrollments through SEPs. We understand that most Exchanges most likely would be able to meet this requirement by verifying just two of their most used SEPs.
                    </P>
                    <FTNT>
                        <P>
                            <SU>14</SU>
                             This conclusion is drawn from current and historic SEP data available to the Exchanges on the Federal platform through the Monthly SEP report and is current as of 1/03/2025.
                        </P>
                    </FTNT>
                    <P>We propose to amend § 156.115(d) to provide that an issuer of coverage subject to EHB requirements may not provide sex-trait modification as an EHB beginning with Plan Year (PY) 2026.</P>
                    <P>
                        We propose to update the premium adjustment percentage methodology to establish a premium growth measure that comprehensively reflects premium growth in all affected markets. This premium growth measure is used to ensure that certain parameters change with health insurance market premiums over time, including parameters related to annual limits on cost sharing, eligibility for certain exemptions based on access to affordable premiums, and employer shared responsibility payment amounts. The premium adjustment percentage is also used as part of the calculation of the reduced annual limitation on cost sharing applicable to silver plan variations. This proposed change would re-adopt the premium growth measure that was in place for PY 
                        <PRTPAGE P="12946"/>
                        2020 and PY 2021 and apply it to the related parameters starting with PY 2026. As such, we also propose the PY 2026 maximum annual limitation on cost sharing, reduced maximum annual limitations on cost sharing, and required contribution percentage under § 155.605(d)(2) using the proposed premium adjustment percentage methodology.
                    </P>
                    <P>
                        Beginning in PY 2026, we propose changing the de minimis thresholds for the AV for plans subject to EHB requirements to +2/−4 percentage points for all individual and small group market plans subject to the AV requirements under the EHB package, other than for expanded bronze plans,
                        <SU>15</SU>
                        <FTREF/>
                         for which we propose a de minimis range of +5/−4 percentage points, as well as establishing wider de minimis thresholds for income-based CSR plan variations.
                    </P>
                    <FTNT>
                        <P>
                            <SU>15</SU>
                             Expanded bronze plans are bronze plans currently referenced in § 156.140(c) that cover and pay for at least one major service, other than preventive services, before the deductible or meet the requirements to be a high deductible health plan within the meaning of section 223(c)(2) of the Internal Revenue Code of 1986.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD1">II. Background</HD>
                    <HD SOURCE="HD2">A. Legislative and Regulatory Overview</HD>
                    <P>Section 2702 of the Public Health Service (PHS) Act, as added by the ACA, establishes requirements for guaranteed availability of coverage in the group and individual markets.</P>
                    <P>Section 2703 of the PHS Act, as added by the ACA, and sections 2712 (former) and 2741 of the PHS Act, as added by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), require health insurance issuers in the group and individual markets to guarantee the renewability of coverage unless an exception applies.</P>
                    <P>Section 1302 of the ACA provides for the establishment of an EHB package that includes coverage of EHBs (as defined by the Secretary of Health and Human Services (the Secretary)), cost-sharing limits, and AV requirements. Among other things, the law directs that EHBs be equal in scope to the benefits provided under a typical employer plan, and that they cover at least the following 10 general categories: ambulatory patient services; emergency services; hospitalization; maternity and newborn care; mental health and substance use disorder services, including behavioral health treatment; prescription drugs; rehabilitative and habilitative services and devices; laboratory services; preventive and wellness services and chronic disease management; and pediatric services, including oral and vision care.</P>
                    <P>Sections 1302(b)(4)(A) through (D) of the ACA establish that the Secretary must define EHB in a manner that: (1) reflects appropriate balance among the 10 categories; (2) is not designed in such a way as to discriminate based on age, disability, or expected length of life; (3) takes into account the health care needs of diverse segments of the population; and (4) does not allow denials of EHBs based on age, life expectancy, disability, degree of medical dependency, or quality of life.</P>
                    <P>To set cost-sharing limits, section 1302(c)(4) of the ACA directs the Secretary to determine an annual premium adjustment percentage, a measure of premium growth that is used to set the rate of increase for three parameters: (1) The maximum annual limitation on cost sharing (section 1302(c)(1) of the ACA); (2) the required contribution percentage used to determine whether an individual can afford minimum essential coverage (MEC) (section 5000A of the Internal Revenue Code of 1986 (the Code), as enacted by section 1501 of the ACA); and (3) the employer shared responsibility payment amounts (section 4980H of the Code, as enacted by section 1513 of the ACA).</P>
                    <P>Section 1302(d) of the ACA describes the various levels of coverage based on their AV. Consistent with section 1302(d)(2)(A) of the ACA, AV is calculated based on the provision of EHB to a standard population. Section 1302(d)(1) of the ACA requires a bronze plan to have an AV of 60 percent, a silver plan to have an AV of 70 percent, a gold plan to have an AV of 80 percent, and a platinum plan to have an AV of 90 percent. Section 1302(d)(2) of the ACA directs the Secretary of HHS to issue regulations on the calculation of AV and its application to the levels of coverage. Section 1302(d)(3) of the ACA directs the Secretary to develop guidelines to provide for a de minimis variation in the AVs used in determining the level of coverage of a plan to account for differences in actuarial estimates.</P>
                    <P>Section 1311(c)(6)(B) of the ACA directs the Secretary to require an Exchange to provide for annual OEPs after the initial enrollment period.</P>
                    <P>Section 1311(c)(6)(C) of the ACA authorizes the Secretary to require an Exchange to provide for SEPs specified in section 9801 of the Code and other SEPs under circumstances similar to such periods under part D of title XVIII of the Social Security Act (the Act). Section 1311(c)(6)(D) of the ACA directs the Secretary to require an Exchange to provide for a monthly enrollment period for Indians, as defined by section 4 of the Indian Health Care Improvement Act.</P>
                    <P>Section 1311(c) of the ACA provides the Secretary the authority to issue regulations to establish criteria for the certification of QHPs. Section 1311(c)(1)(B) of the ACA requires among the criteria for certification that the Secretary must establish by regulation that QHPs ensure a sufficient choice of providers. Section 1311(e)(1) of the ACA grants the Exchange the authority to certify a health plan as a QHP if the health plan meets the Secretary's requirements for certification issued under section 1311(c) of the ACA, and the Exchange determines that making the plan available through the Exchange is in the interests of qualified individuals and qualified employers in the State.</P>
                    <P>Section 1312(e) of the ACA provides the Secretary with the authority to establish procedures under which a State may allow agents or brokers to (1) enroll qualified individuals and qualified employers in QHPs offered through Exchanges and (2) assist individuals in applying for APTC and CSRs for QHPs sold through an Exchange.</P>
                    <P>Sections 1312(f)(3), 1401, 1402(e), and 1412(d) of the ACA require that an individual must be either a citizen or national of the United States or be lawfully present in the United States to enroll in a QHP through an Exchange, to be eligible for PTC, APTC, and CSRs. Sections 1313 and 1321 of the ACA provide the Secretary with the authority to oversee the financial integrity of State Exchanges, their compliance with HHS standards, and the efficient and non-discriminatory administration of State Exchange activities. Section 1313(a)(5)(A) of the ACA directs the Secretary to provide for the efficient and non-discriminatory administration of Exchange activities and to implement any measure or procedure the Secretary determines is appropriate to reduce fraud and abuse. Section 1321 of the ACA provides for State flexibility in the operation and enforcement of Exchanges and related requirements.</P>
                    <P>Section 1321(a) of the ACA provides broad authority for the Secretary to establish standards and regulations to implement the statutory requirements related to Exchanges, QHPs and other components of title I of the ACA, including such other requirements as the HHS Secretary determines appropriate.</P>
                    <P>
                        Section 1321(a)(1) of the ACA directs the Secretary to issue regulations that set standards for meeting the requirements of title I of the ACA with respect to, among other things, the 
                        <PRTPAGE P="12947"/>
                        establishment and operation of Exchanges.
                    </P>
                    <P>Section 1331 of the ACA provides States the option to establish a BHP, and more specifically, section 1331(e) requires that an individual must either be a citizen or national of the United States or be lawfully present in the United States to enroll in a BHP in States that elect to operate a BHP.</P>
                    <P>Section 1401(a) of the ACA added section 36B to the Code, which, among other things, requires that a taxpayer reconcile APTC for a year of coverage with the amount of the PTC the taxpayer is allowed for the year.</P>
                    <P>Section 1402(c) of the ACA provides for, among other things, reductions in cost sharing for essential health benefits for qualified low- and moderate-income enrollees in silver level health plans offered through the individual market Exchanges, including reduction in out-of-pocket limits.</P>
                    <P>Section 1411 the ACA directs the Secretary to make advance determinations for the PTC with respect to income eligibility for individuals enrolling in a QHP through the individual market. Section 1411 of the ACA further specifies that the Secretary verify income with the Secretary of the Treasury based on the most recent tax return information, and then implement alternative procedures to verify income on the basis of different information to the extent that a change has occurred or for individuals who were not required to file an income tax return.</P>
                    <P>Section 1411(f)(1)(B) of the ACA directs the Secretary to establish procedures to redetermine the eligibility of individuals on a periodic basis in appropriate circumstances.</P>
                    <P>Sections 1402(f)(3), 1411(b)(3) and 1412(b)(1) of the ACA provide that data from the most recent tax return information available must be the basis for determining eligibility for APTC and CSRs to the extent such tax data is available. Section 1412(c)(2)(B) of the ACA establishes requirements on issuers with regards to an individual enrolled in a health plan receiving an APTC.</P>
                    <P>Section 1412(d) of the ACA states that nothing in the law allows Federal payments, credits, or CSRs for individuals who are not lawfully present in the United States.</P>
                    <P>Section 1413 of the ACA directs the Secretary to establish, subject to minimum requirements, a streamlined enrollment process for enrollment in QHPs and all insurance affordability programs and requires Exchanges to participate in a data matching program for the determination of eligibility on the basis of reliable, third-party data.</P>
                    <P>Section 1414 of the ACA amends section 6103 of the Code to direct the Secretary of the Treasury to disclose certain tax return information to verify and determine eligibility for APTC and CSR subsidies.</P>
                    <HD SOURCE="HD3">1. Guaranteed Availability and Guaranteed Renewability</HD>
                    <P>
                        In the April 8, 1997 
                        <E T="04">Federal Register</E>
                         (62 FR 16894), HHS published an interim final rule relating to the HIPAA health insurance reforms that established rules applying guaranteed availability in the small group market and guaranteed renewability in the large and small group market. Also, in the April 8, 1997 
                        <E T="04">Federal Register</E>
                         (62 FR 16985), HHS published an interim final rule relating to the HIPAA health insurance reforms that, among other things, established rules applying guaranteed renewability in the individual market. In the February 27, 2013 
                        <E T="04">Federal Register</E>
                         (78 FR 13406) (2014 Market Rules), we published the health insurance market rules. In the May 27, 2014 
                        <E T="04">Federal Register</E>
                         (79 FR 30240) (2015 Market Standards Rule), we published the final rule, “Patient Protection and Affordable Care Act; Exchange and Insurance Market Standards for 2015 and Beyond.” In the December 22, 2016 
                        <E T="04">Federal Register</E>
                         (81 FR 94058) (2018 Payment Notice), we provided additional guidance on guaranteed availability and guaranteed renewability, and in the April 18, 2017 
                        <E T="04">Federal Register</E>
                         (82 FR 18346) (Market Stabilization Rule) we provided further guidance related to guaranteed availability. In the May 6, 2022 
                        <E T="04">Federal Register</E>
                         (87 FR 27208) we amended the regulations regarding guaranteed availability.
                    </P>
                    <HD SOURCE="HD3">2. Deferred Action for Childhood Arrivals</HD>
                    <P>
                        HHS issued an interim final rule in the July 30, 2010 
                        <E T="04">Federal Register</E>
                         (75 FR 45014) to define “lawfully present” for the purposes of determining eligibility for the Pre-Existing Condition Insurance Plan (PCIP) program. In the March 27, 2012 
                        <E T="04">Federal Register</E>
                         (77 FR 18310) (Exchange Establishment Rule), HHS defined lawfully present for purposes of determining eligibility to enroll in a QHP through an Exchange by cross-referencing the existing PCIP definition. In the August 30, 2012 
                        <E T="04">Federal Register</E>
                         (77 FR 52614), HHS adjusted the previous definition of “lawfully present” used for PCIP and QHP eligibility, which had considered all recipients of “deferred action” to be lawfully present, to add an exception that excluded DACA recipients from the definition. In the March 12, 2014 
                        <E T="04">Federal Register</E>
                         (79 FR 14112), HHS established the framework for governing a BHP, which also adopted the definition of “lawfully present” for the purpose of determining eligibility to enroll in a BHP through a cross-reference to § 155.20. In the May 8, 2024 
                        <E T="04">Federal Register</E>
                         (89 FR 39392) (DACA Rule), HHS reinterpreted “lawfully present” to include DACA recipients and certain other noncitizens for the purposes of determining eligibility to enroll in a QHP through an Exchange, PTC, APTC, CSRs, and to enroll in a BHP in States that elect to operate a BHP.
                    </P>
                    <HD SOURCE="HD3">3. Program Integrity</HD>
                    <P>
                        We have finalized program integrity standards related to the Exchanges and premium stabilization programs in two rules: the “first Program Integrity Rule” published in the August 30, 2013 
                        <E T="04">Federal Register</E>
                         (78 FR 54069), and the “second Program Integrity Rule” published in the October 30, 2013 
                        <E T="04">Federal Register</E>
                         (78 FR 65045). We also refer readers to the 2019 Patient Protection and Affordable Care Act; Exchange Program Integrity final rule (2019 Program Integrity Rule) published in the December 27, 2019 
                        <E T="04">Federal Register</E>
                         (84 FR 71674).
                    </P>
                    <P>
                        In the May 6, 2022 
                        <E T="04">Federal Register</E>
                         (87 FR 27208), we finalized policies to address certain agent, broker, and web-broker practices and conduct. In the April 27, 2023 
                        <E T="04">Federal Register</E>
                         (88 FR 25740) (2024 Payment Notice), we finalized allowing additional time for HHS to review evidence submitted by agents and brokers to rebut allegations pertaining to Exchange agreement suspensions or terminations. We also introduced consent and eligibility documentation requirements for agents and brokers. In the 2025 Payment Notice, issued in the April 15, 2024 
                        <E T="04">Federal Register</E>
                         (89 FR 26218), we finalized that the CMS Administrator, who is a principal officer, is the entity responsible for handling requests by agents, brokers, and web-brokers for reconsideration of HHS' decision to terminate their Exchange agreement(s) for cause. We also finalized changes to §§ 155.220 and 155.221 to apply certain standards to web-brokers and Direct Enrollment (DE) entities assisting consumers and applicants across all Exchanges. In the January 15, 2025 
                        <E T="04">Federal Register</E>
                         (90 FR 4424) (2026 Payment Notice), we addressed our authority to investigate and undertake compliance reviews and enforcement actions in response to misconduct or noncompliance with applicable agent, broker, and web-broker Exchange requirements or standards occurring at 
                        <PRTPAGE P="12948"/>
                        the insurance agency level to hold lead agents of insurance agencies accountable. We also finalized changes to § 155.220(k)(3) to reflect our authority to suspend an agent's or broker's ability to transact information with the Exchange in instances where HHS discovers circumstances that pose unacceptable risk to accuracy of Exchange eligibility determinations, Exchange operations, applicants, or enrollees, or Exchange information technology systems until the circumstances of the incident, breach, or noncompliance are remedied or sufficiently mitigated to HHS' satisfaction.
                    </P>
                    <HD SOURCE="HD3">4. Premium Adjustment Percentage</HD>
                    <P>
                        In the March 11, 2014 
                        <E T="04">Federal Register</E>
                         (79 FR 13744) HHS established a methodology for estimating the average per capita premium for purposes of calculating the premium adjustment percentage. Beginning with PY 2015, we calculated the premium adjustment percentage based on the estimates and projections of average per enrollee employer-sponsored insurance premiums from the National Health Expenditure Accounts (NHEA), which are calculated by the CMS Office of the Actuary. In the April 25, 2019 
                        <E T="04">Federal Register</E>
                         (84 FR 17454) HHS amended the methodology for calculating the premium adjustment percentage by estimating per capita insurance premiums as private health insurance premiums, minus premiums paid for Medigap insurance and property and casualty insurance, divided by the unrounded number of unique private health insurance enrollees, excluding all Medigap enrollees. Additionally, in response to public comments to the 2021 Payment Notice proposed rule (85 FR 7088), in the May 14, 2020 
                        <E T="04">Federal Register</E>
                         (85 FR 29164) HHS stated that we will finalize payment parameters that depend on NHEA data, including the premium adjustment percentage, based on the data that are available as of the publication of the proposed rule for that plan year, even if NHEA data are updated between the proposed and final rules. In the December 15, 2020 
                        <E T="04">Federal Register</E>
                         (85 FR 81097), HHS published the Grandfathered Group Health Plans and Grandfathered Group Health Insurance Coverage final rule, along with the Departments of Labor and the Treasury, that finalized using the premium adjustment percentage as one alternative in setting the parameters for permissible increases in fixed-amount cost-sharing requirements for grandfathered group health plans. In the May 5, 2021 
                        <E T="04">Federal Register</E>
                         (86 FR 24140), Part 2 of the 2022 Payment Notice amended the methodology for calculating the premium adjustment percentage by reverting to using the NHEA employer-sponsored insurance (ESI) premium measure previously used for PY 2015 to PY 2019 and established that the premium adjustment percentage could be established in guidance for plan years in which the premium adjustment percentage is not methodologically changing.
                    </P>
                    <HD SOURCE="HD3">5. Failure To File Taxes and Reconcile APTC</HD>
                    <P>
                        In the March 27, 2012 Exchange Establishment Rule (77 FR 18310), we required the Exchange to determine a primary taxpayer ineligible to receive APTC if HHS notifies the Exchange that the taxpayer received APTC from a prior year for which tax data would be utilized for income verification and did not file a tax return and reconcile APTC as required by implementing regulations proposed by the Department of the Treasury. In the May 23, 2012 
                        <E T="04">Federal Register</E>
                         (77 FR 30377), the Department of the Treasury finalized implementing regulations to require every taxpayer receiving APTC to file an income tax return.
                    </P>
                    <P>
                        In the December 22, 2016 
                        <E T="04">Federal Register</E>
                         (81 FR 94058) (2018 Payment Notice), we provided that Exchanges cannot determine a taxpayer ineligible for APTC due to failure to file a tax return unless the Exchanges send a direct notification to that tax filer stating that their eligibility will be discontinued for failure to comply with the requirement to file taxes. We then revisited this notice requirement in the April 17, 2018 
                        <E T="04">Federal Register</E>
                         (83 FR 16930) (2019 Payment Notice) and removed the notice requirement.
                    </P>
                    <P>
                        In the April 27, 2023 
                        <E T="04">Federal Register</E>
                         (88 FR 25740) (2024 Payment Notice) we required Exchanges to wait to discontinue APTC until the tax filer has failed to file a tax return and reconcile their past APTC for 2-consecutive years rather than ending APTC after a single year. In the April 15, 2024 
                        <E T="04">Federal Register</E>
                         (89 FR 26218) (2025 Payment Notice), we required Exchanges to send notices to tax filers for the first year in which they have been identified by the IRS as failing to reconcile APTC. In the January 15, 2025 
                        <E T="04">Federal Register</E>
                         (90 FR 4424) (2026 Payment Notice), we required Exchanges to send notices to tax filers for the second year in which they have been identified by the IRS as failing to reconcile APTC.
                    </P>
                    <HD SOURCE="HD3">6. Income Inconsistencies</HD>
                    <P>
                        In the April 17, 2018, 
                        <E T="04">Federal Register</E>
                         (83 FR 16930) (2019 Payment Notice), we revised income verification provisions in § 155.320(c)(3)(iii) to require the Exchange to generate annual household income inconsistencies in certain circumstances when a tax filer's attested projected annual household income is greater than the income amount represented by income data returned by IRS and the Social Security Administration (SSA) and current income data sources. On March 4, 2021, the United States District Court for the District of Maryland decided 
                        <E T="03">City of Columbus, et al.</E>
                         v. 
                        <E T="03">Cochran,</E>
                         No. 523 F. Supp. 3d 731 (D. Md. 2021) and vacated these revisions to income verification. We then implemented the court's decision in the May 5, 2021 
                        <E T="04">Federal Register</E>
                         (86 FR 24140) (Part 2 of the 2022 Payment Notice) and rescinded the income verification provisions in § 155.320(c)(3)(iii) that the court invalidated.
                    </P>
                    <P>
                        In the March 27, 2012 
                        <E T="04">Federal Register</E>
                         (77 FR 18310) (Exchange Establishment Rule), we established the alternative verification process in § 155.320(c) for situations when a household income inconsistency occurs with IRS data or when tax return data is unavailable. This process required the Exchange to provide the applicant notice of the income inconsistency and requires applicants to provide documentary evidence to verify their income or otherwise resolve the inconsistency within a period of 90 days from which notice is sent. In the April 27, 2023 
                        <E T="04">Federal Register</E>
                         (88 FR 25740) (2024 Payment Notice), we revised this process to require Exchanges to accept an applicant's or enrollee's self-attestation of annual household income when a call to IRS is completed but tax return data is unavailable and add that household income inconsistencies must receive an automatic 60-day extension in addition to the 90 days provided to applicants to resolve their income inconsistency.
                    </P>
                    <HD SOURCE="HD3">7. Annual Eligibility Redetermination</HD>
                    <P>
                        In the March 27, 2012 
                        <E T="04">Federal Register</E>
                         (77 FR 18310) (Exchange Establishment Rule), we implemented the Affordable Insurance Exchanges (“Exchanges”), consistent with title I of the ACA. This included standards for annual eligibility redeterminations and renewals of coverage. In the January 22, 2013 
                        <E T="04">Federal Register</E>
                         (78 FR 4594), we sought comment on whether the redetermination notice should describe how the enrollee's deductibles, co-pays, coinsurance, and other forms of cost sharing would change. In the July 15, 2013 
                        <E T="04">Federal Register</E>
                         (78 FR 42160) (2013 Eligibility Final Rule), we amended the notice to remove the requirement to provide the data used for 
                        <PRTPAGE P="12949"/>
                        the eligibility redetermination and the data used for the most recent eligibility determination, even though we did not previously propose to change the annual redetermination notice. In the September 5, 2014 
                        <E T="04">Federal Register</E>
                         (79 FR 52994), we amended the annual redetermination standards to allow for an Exchange to choose from one of three methods for conducting annual redeterminations. In the January 24, 2019 
                        <E T="04">Federal Register</E>
                         (84 FR 227) (2020 Payment Notice proposed rule), we sought comment on the automatic re-enrollment processes to address program integrity concerns. In the February 6, 2020 
                        <E T="04">Federal Register</E>
                         (85 FR 7088) (2021 Payment Notice proposed rule), we solicited comment on modifying the automatic re-enrollment process such that any enrollee who would be automatically re-enrolled with APTC that would cover the enrollee's entire premium would instead be automatically re-enrolled without APTC, and we solicited comments on a variation where APTC for this population would be reduced to a level that would result in an enrollee premium that is greater than zero dollars, but not eliminated entirely. We did not finalize any changes in the final rules.
                    </P>
                    <HD SOURCE="HD3">8. Automatic Re-Enrollment Hierarchy</HD>
                    <P>
                        In the March 27, 2012 
                        <E T="04">Federal Register</E>
                         (77 FR 18309) (Exchange Establishment Rule), we implemented the Exchanges, consistent with Title I of the ACA. This included implementation of components of the Exchanges and standards for annual eligibility redetermination and renewal of coverage. In the September 5, 2014 
                        <E T="04">Federal Register</E>
                         (79 FR 52994) (Annual Eligibility Redeterminations Rule), we modified the standards for re-enrollment in coverage by adding a re-enrollment hierarchy to address situations when the enrollee's plan or product is not available through the Exchange for renewal. In the March 8, 2016 
                        <E T="04">Federal Register</E>
                         (81 FR 12204) (2017 Payment Notice), we amended the hierarchy to give Exchanges flexibility to prioritize re-enrollment into silver plans for all enrollees in a silver-level QHP that is no longer available for re-enrollment, and re-enroll consumers into plans of other Exchange issuers if the consumer is enrolled in a plan from an issuer that does not have another plan available for re-enrollment through the Exchange.
                    </P>
                    <P>
                        In the January 5, 2022 
                        <E T="04">Federal Register</E>
                         (87 FR 584) (2023 Payment Notice proposed rule), we solicited comments on revising the re-enrollment hierarchy at § 155.335(j) at a later date. After considering comments, we proposed and finalized amendments and additions to the re-enrollment hierarchy in the April 27, 2023 
                        <E T="04">Federal Register</E>
                         (88 FR 25740) (2024 Payment Notice), including changes to allow Exchanges to direct re-enrollment for enrollees who are eligible for CSRs from a bronze QHP to a silver QHP, if certain conditions are met.
                    </P>
                    <HD SOURCE="HD3">9. Premium Payment Threshold</HD>
                    <P>
                        In the December 2, 2015 
                        <E T="04">Federal Register</E>
                         (80 FR 75532), we published a proposed rule to allow issuers to adopt an optional premium payment threshold policy under which issuers could collect a minimal amount of premium, less than that which is owed, without triggering the consequences for non-payment of premiums. We established the option for issuers to implement a net premium percentage-based premium payment threshold in the 2017 Payment Notice (81 FR 12271 through 12272). In the October 10, 2024 
                        <E T="04">Federal Register</E>
                         (89 FR 82366 through 82369), we proposed to add additional optional premium payment threshold flexibilities, proposing an option for issuers to adopt a fixed dollar premium threshold amount of $5 or less and/or a percentage-based threshold based on the gross premium of 99 percent or more or the existing net premium of 95 percent or more of the premium after application of APTC. We modified and finalized this proposal in the 2026 Payment Notice (90 FR 4475 through 4480), allowing issuers to adopt a fixed dollar premium threshold amount of $10 or less and/or a percentage-based threshold based on the gross premium of 98 percent or more or net premium of 95 percent or more of the premium after application of APTC.
                    </P>
                    <HD SOURCE="HD3">10. Special Enrollment Periods</HD>
                    <P>
                        In the July 15, 2011 
                        <E T="04">Federal Register</E>
                         (76 FR 41865), we published a proposed rule establishing SEPs for the Exchange. We implemented these SEPs in the Exchange Establishment Rule (77 FR 18309). In the January 22, 2013 
                        <E T="04">Federal Register</E>
                         (78 FR 4594), we published a proposed rule amending certain SEPs, including the SEPs described in § 155.420(d)(3) and (7). We finalized these rules in the July 15, 2013 
                        <E T="04">Federal Register</E>
                         (78 FR 42321).
                    </P>
                    <P>
                        In the June 19, 2013 
                        <E T="04">Federal Register</E>
                         (78 FR 37032), we proposed to add an SEP when the Federally Facilitated Exchange (FFE) determines that a consumer has been incorrectly or inappropriately enrolled in coverage due to misconduct on the part of a non-Exchange entity. We finalized this proposal in the October 30, 2013 
                        <E T="04">Federal Register</E>
                         (78 FR 65095). In the March 21, 2014 
                        <E T="04">Federal Register</E>
                         (79 FR 15808), we proposed to amend various SEPs. In particular, we proposed to clarify that later coverage effective dates for birth, adoption, placement for adoption, or placement for foster care would be effective the first of the month. The rule also proposed to clarify that earlier effective dates would be allowed if all issuers in an Exchange agree to effectuate coverage only on the first day of the specified month. Finally, that rule proposed adding that consumers may report a move in advance of the date of the move and established an SEP for individuals losing medically needy coverage under the Medicaid program even if the medically needy coverage is not recognized as minimum essential coverage (individuals losing medically needy coverage that is recognized as minimum essential coverage already were eligible for an SEP under the regulation). We finalized these provisions in the May 27, 2014 
                        <E T="04">Federal Register</E>
                         (79 FR 30348). In the October 1, 2014 
                        <E T="04">Federal Register</E>
                         (79 FR 59137), we published a correcting amendment related to codifying the coverage effective dates for plan selections made during an SEP and clarifying a consumer's ability to select a plan 60 days before and after a loss of coverage.
                    </P>
                    <P>
                        In the November 26, 2014 
                        <E T="04">Federal Register</E>
                         (79 FR 70673), we proposed to amend effective dates for SEPs, the availability and length of SEPs, the specific types of SEPs, and the option for consumers to choose a coverage effective date of the first of the month following the birth, adoption, placement for adoption, or placement in foster care. We finalized these provisions in the February 27, 2015 
                        <E T="04">Federal Register</E>
                         (80 FR 10866). In the July 7, 2015 
                        <E T="04">Federal Register</E>
                         (80 FR 38653), we issued a correcting amendment to include those who become newly eligible for a QHP due to a release from incarceration. In the December 2, 2015 
                        <E T="04">Federal Register</E>
                         (80 FR 75487) (2017 Payment Notice proposed rule), we sought comment and data related to existing SEPs, including data relating to the potential abuse of SEPs. In the 2017 Payment Notice, we stated that in order to review the integrity of SEPs, the FFE will conduct an assessment by collecting and reviewing documents from consumers to confirm their eligibility for the SEPs under which they enrolled.
                    </P>
                    <P>
                        In an interim final rule with comment published in the May 11, 2016 
                        <E T="04">Federal Register</E>
                         (81 FR 29146), we made amendments to the parameters of certain SEPs (2016 Interim Final Rule). 
                        <PRTPAGE P="12950"/>
                        We finalized these in the 2018 Payment Notice, published in the December 22, 2016 
                        <E T="04">Federal Register</E>
                         (81 FR 94058). In the April 18, 2017 Market Stabilization Rule (82 FR 18346), we amended standards relating to SEPs and announced HHS would begin pre-enrollment verifications for all categories of SEPs in June 2017. In the 2019 Payment Notice, published in the April 17, 2018 
                        <E T="04">Federal Register</E>
                         (83 FR 16930), we clarified that certain exceptions to the SEPs only apply to coverage offered outside of the Exchange in the individual market. In the April 25, 2019 
                        <E T="04">Federal Register</E>
                         (84 FR 17454), the final 2020 Payment Notice established a new SEP. In part 2 of the 2022 Payment Notice, in the May 5, 2021 
                        <E T="04">Federal Register</E>
                         (86 FR 24140), we made additional amendments and clarifications to the parameters of certain SEPs and established new SEPs related to untimely notice of triggering events, cessation of employer contributions or government subsidies to COBRA continuation coverage, and loss of APTC eligibility. In part 3 of the 2022 Payment Notice, in the September 27, 2021 
                        <E T="04">Federal Register</E>
                         (86 FR 53412), which was published by HHS and the Department of the Treasury, we established a temporary new monthly SEP for those eligible for APTC with projected household incomes at or below 150 percent of the FPL. In the May 6, 2022 
                        <E T="04">Federal Register</E>
                         (87 FR 27208), we finalized updates to the requirement that all Exchanges conduct SEP verifications and limited pre-enrollment verification for Exchanges on the Federal platform to only consumers who attest to losing minimum essential coverage. In the April 27, 2023 
                        <E T="04">Federal Register</E>
                         (88 FR 25740) (2024 Payment Notice), we lengthened the SEP from 60 to 90 days to those who lose Medicaid coverage. In the April 15, 2024 
                        <E T="04">Federal Register</E>
                         (89 FR 26218) (2025 Payment Notice), we aligned effective dates for coverage after selecting certain SEPs across all Exchanges and removed limitations on the monthly SEP for those eligible for APTC with incomes up to 150 percent of the FPL.
                    </P>
                    <HD SOURCE="HD3">11. Essential Health Benefits</HD>
                    <P>
                        We established requirements relating to EHBs in the Standards Related to Essential Health Benefits, Actuarial Value (AV), and Accreditation Final Rule, which was published in the February 25, 2013 
                        <E T="04">Federal Register</E>
                         (78 FR 12834) (EHB Rule). In the EHB Rule, we included at § 156.115 a prohibition on issuers from providing routine non-pediatric dental services, routine non-pediatric eye exam services, long-term/custodial nursing home care benefits, or non-medically necessary orthodontia as EHB. In the 2019 Payment Notice, published in the April 17, 2018 
                        <E T="04">Federal Register</E>
                         (83 FR 16930), we added § 156.111 to provide States with additional options from which to select an EHB-benchmark plan for PY 2020 and subsequent plan years. In the 2023 Payment Notice, published in the May 6, 2022 
                        <E T="04">Federal Register</E>
                         (87 FR 27208), we revised § 156.111 to require States to notify HHS of the selection of a new EHB-benchmark plan by the first Wednesday in May of the year that is 2 years before the effective date of the new EHB-benchmark plan, otherwise the State's EHB-benchmark plan for the applicable plan year will be that State's EHB-benchmark plan applicable for the prior year. We displayed the Request for Information; Essential Health Benefits (EHB RFI), published in the December 2, 2022 
                        <E T="04">Federal Register</E>
                         (87 FR 74097), to solicit public comment on a variety of topics related to the coverage of benefits in health plans subject to the EHB requirements of the ACA. In the 2025 Payment Notice (89 FR 26218), we removed the regulatory prohibition at § 156.115(d) on issuers from providing routine non-pediatric dental services as an EHB beginning with PY 2027.
                    </P>
                    <P>
                        In the 2026 Payment Notice, published in the January 15, 2025 
                        <E T="04">Federal Register</E>
                         (90 FR 4424), we revised § 156.80(d)(2)(i) to require the actuarially justified plan-specific factors by which an issuer may vary premium rates for a particular plan from its market-wide index rate include the AV and cost-sharing design of the plan, including, if permitted by the applicable State authority, accounting for CSR amounts provided to eligible enrollees under § 156.410, provided the issuer does not otherwise receive reimbursement for such amounts.
                    </P>
                    <HD SOURCE="HD1">III. Provisions of the Individual Health Insurance Market and Exchange Program Integrity Proposed Rule</HD>
                    <HD SOURCE="HD2">A. Part 147—Health Insurance Reform Requirements for the Group and Individual Health Insurance Markets</HD>
                    <HD SOURCE="HD3">1. Limited Open Enrollment Periods (§ 147.104(b)(2))</HD>
                    <P>As further discussed in section III.B.8. of this preamble regarding the proposal to remove the monthly SEP for APTC-eligible qualified individuals with a projected household income at or below 150 percent of the FPL (§ 155.420(d)(16)), we propose a conforming amendment to remove § 147.104(b)(2)(i)(G), which currently excludes § 155.420(d)(16) as a triggering event for a limited open enrollment period (OEP) for coverage offered outside of an Exchange. In proposing the removal of § 147.104(b)(2)(i)(G), we do not intend to include § 155.420(d)(16) as a triggering event for a limited OEP for coverage offered outside of an Exchange; rather, we are proposing to remove § 147.104(b)(2)(i)(G) to reflect the removal of the SEP at § 155.420(d)(16). We request comment on this proposal.</P>
                    <HD SOURCE="HD3">2. Coverage Denials for Failure To Pay Premiums for Prior Coverage (§ 147.104(i))</HD>
                    <P>We propose to remove § 147.104(i) that restricts an issuer from attributing payment of premium for new coverage to past-due premiums from prior coverage. Similar to the policy we articulated in the Market Stabilization Rule (82 FR 18349 through 18353), we also propose to allow issuers to attribute to past-due premium amounts they are owed the initial premium the enrollee pays to effectuate new coverage. Unlike the policy articulated in the Market Stabilization Rule (82 FR 18349 through 18353), the proposal would not limit the policy to past-due premium amounts accruing over the prior 12 months. States would remain free to impose such a limitation and apply additional parameters governing issuers' premium payment policies, to the extent permitted under Federal law.</P>
                    <P>
                        As background, when we initially proposed the guaranteed availability regulations in the proposed 2014 Market Rules (77 FR 70584, 70599), we noted concerns about the ability of individuals to manipulate guaranteed availability each year. We also noted how guaranteed renewability requirements under section 2703 of the PHS Act allow issuers to non-renew or discontinue coverage for non-payment of premiums while the guaranteed availability requirements under section 2702 of the PHS Act do not include an exception allowing issuers to refuse to cover individuals with histories of non-payment under other policies with the same issuer or other issuers. We then solicited comments on ways to discourage people from gaming guaranteed availability rights while, at the same time, ensuring consumers retained the right afforded by law. In response, commenters, including the National Association of Insurance Commissioners (NAIC), suggested that there are several tools States use to limit adverse selection.
                        <SU>16</SU>
                        <FTREF/>
                         In the 2014 Market 
                        <PRTPAGE P="12951"/>
                        Rules (78 FR 13406, 13416 through 13417), we did not provide any further guidance on what the statute's guaranteed availability provision requires and took no further actions to address these concerns over gaming the guaranteed availability requirement.
                    </P>
                    <FTNT>
                        <P>
                            <SU>16</SU>
                             Tools identified by commenters included, for example, (1) allowing issuers to require pre-payment of premiums each month; (2) allowing issuers to require payment of all outstanding 
                            <PRTPAGE/>
                            premiums before enrollees can re-enroll in coverage after termination due to non-payment of premiums; (3) allowing late enrollment penalties or surcharges (similar to those in Medicare Parts B and D); (4) allowing issuers to establish waiting periods or delayed effective dates of coverage; (5) allowing issuers to offset claims payments by the amount of any owed premiums; (6) allowing issuers to prohibit individuals who have canceled coverage or failed to renew from enrolling until the second open enrollment period after their coverage ceased (unless they replace coverage with other creditable coverage); (7) restricting product availability (for example, to a catastrophic, bronze, or silver level plan) outside of enrollment periods to prevent high-risk individuals from enrolling in more generous coverage when medical needs arise; and (8) allowing individuals to move up one metal level each year through the Exchange shopping portal (78 FR 13406, 13416).
                        </P>
                    </FTNT>
                    <P>
                        After finalizing the 2014 Market Rules (78 FR 13406), we published instructions in annual Exchange enrollment manuals that interpreted the guaranteed availability requirement to mean that an issuer may not apply any premium payment made for coverage under a new enrollment to any outstanding debt owed from any previous coverage that has been terminated for non-payment of premiums and then refuse to effectuate the new enrollment based on failure to pay premiums.
                        <SU>17</SU>
                        <FTREF/>
                         Under that interpretation, enrollment under an SEP or annual OEP subsequent to a termination for non-payment of premium would be considered a new enrollment that would fall under the guaranteed availability requirements and the consumer must be allowed to purchase coverage without having to pay past-due premiums. However, we also provided guidance that in situations where an enrollee's grace period for non-payment of premiums spans 2 plan years,
                        <SU>18</SU>
                        <FTREF/>
                         and the individual seeks to renew prior coverage with the same issuer in the same product, the issuer could attribute the enrollee's premium payments to the oldest outstanding debt in the existing grace period (that is, the prior non-payments).
                        <SU>19</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>17</SU>
                             CMS. (version as of 2016, July 19). 
                            <E T="03">Federally-facilitated Marketplace and Federally-facilitated Small Business Health Options Program Enrollment Manual.</E>
                             Section 6.3 Terminations for Non-Payment of Premiums. 
                            <E T="03">https://www.cms.gov/CCIIO/Resources/Regulations-and-Guidance/Downloads/ENR_FFMSHOP_Manual_080916.pdf</E>
                             (stating that if a consumer selects a QHP from which they had been previously terminated for non-payment of premium by qualifying for another SEP or during the next OEP, then the QHP cannot attribute any payment from the individual toward the outstanding debt from the prior, terminated enrollment and then refuse to enroll the applicant based on failure to pay premiums); and CMS. (version as of 2015, Oct. 1). 
                            <E T="03">Federally-facilitated Marketplace and Federally-facilitated Small Business Health Options Program Enrollment Manual.</E>
                             Section 6.3 Terminations for Non-Payment of Premiums. 
                            <E T="03">https://www.cms.gov/cciio/resources/regulations-and-guidance/downloads/updated_enr_manual.pdf.</E>
                             See also, CMS. (2013, Oct. 3). 
                            <E T="03">Federally Facilitated Marketplace, Enrollment Operational Policy &amp; Guidance.  https://www.cms.gov/CCIIO/Resources/Regulations-and-Guidance/Downloads/ENR_OperationsPolicyandGuidance_5CR_100313.pdf</E>
                             (stating that “If the [qualified individual] selects the same QHP from which he or she was previously terminated [for non-payment of premiums], the QHP cannot terminate enrollment in the QHP in which the [qualified individual] newly enrolled based on failure to pay for any previously owed and unpaid premium.”).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>18</SU>
                             This could occur if enrollees who are receiving APTC fail to timely pay their premium in full or in an amount necessary to satisfy a payment threshold, if applicable, for November or December coverage.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>19</SU>
                             CMS. (version as of 2016, July 19). 
                            <E T="03">Federally-facilitated Marketplace (FFM) and Federally-facilitated Small Business Health Options Program Enrollment Manual.</E>
                             Section 6.5.2 Grace Period Spanning Two Plan Years, 
                            <E T="03">https://www.cms.gov/CCIIO/Resources/Regulations-and-Guidance/Downloads/ENR_FFMSHOP_Manual_080916.pdf.</E>
                        </P>
                    </FTNT>
                    <P>Due to substantial market instability and data confirming prior concerns over consumers gaming the guaranteed availability requirement, we revisited these Exchange enrollment instructions through formal rulemaking in the Market Stabilization Rule (82 FR 18346). In that rule, we modified our interpretation of the guaranteed availability requirement with respect to non-payment of premiums. Under that modification, we allowed issuers, subject to applicable State law, to apply a premium payment to an individual's past debt owed for coverage from the same issuer or a different issuer in the same controlled group within the prior 12 months before applying the payment toward a new enrollment. The Market Stabilization Rule (82 FR 18346) cited third-party research and our own internal analysis showing a substantial portion of enrollees' coverage had been terminated due to non-payment of premium and, among these terminations, a large portion repurchased plans the following plan year from the same issuer.</P>
                    <P>In the Market Stabilization Rule (82 FR 18350 through 18351), we noted it is clear from reading the guaranteed availability provision in section 2702 of the PHS Act, together with the guaranteed renewability provision in section 2703 of the PHS Act, that an issuer's sale and continuation in force of an insurance policy is contingent upon payment of premiums. Notably, this recognizes how the guaranteed renewability requirement is not just about renewals but also includes a requirement on issuers to continue the coverage in force throughout the year. Read together, we concluded that the guaranteed availability provision is not intended to require issuers to provide coverage to applicants who have not paid for such coverage. To the extent an individual or employer makes payment in the amount required to effectuate new coverage, but the issuer lawfully credits all or part of that amount toward past-due premiums, we conclude that the consumer has not made sufficient initial payment for the new coverage.</P>
                    <P>
                        On January 28, 2021, President Biden issued Executive Order (E.O.) 14009,
                        <SU>20</SU>
                        <FTREF/>
                         directing the Department of Health and Human Services (HHS), and the heads of all other executive departments and agencies with authorities and responsibilities related to the ACA, to review all existing regulations, orders, guidance documents, policies, and any other similar agency actions to determine whether such agency actions were inconsistent with that Administration's policy with respect to the ACA. After reviewing the interpretation of guaranteed availability that we codified in the Market Stabilization Rule (82 FR 18349 through 18353), we concluded that interpretation had the unintended consequence of creating barriers to health coverage that disproportionately affect low-income individuals. In the 2023 Payment Notice (87 FR 27208), consistent with section 3(iv) of E.O. 14009 and section 2(a) of E.O. 14070, we then re-interpreted the guaranteed availability requirement and added a new § 147.104(i) to specify that a health insurance issuer that denies coverage to an individual or employer due to the individual's or employer's failure to pay premium owed under a prior policy, certificate, or contract of insurance, including by attributing payment of premium for a new policy, certificate, or contract of insurance to the prior policy, certificate, or contract of insurance, violates § 147.104(a).
                    </P>
                    <FTNT>
                        <P>
                            <SU>20</SU>
                             86 FR 7793. E.O. 14009 was subsequently revoked by E.O. 14148, “Initial Rescissions of Harmful Executive Orders and Actions.” 
                            <E T="03">See</E>
                             90 FR 8237.
                        </P>
                    </FTNT>
                    <P>
                        In finalizing that current interpretation, we attempted to assess the policy impact of our prior interpretation. In the 2023 Payment Notice (87 FR 27369), we conducted an internal analysis and estimated the percent of enrollees in Exchanges using the Federal platform that had their coverage terminated for non-payment of premiums was 17.3 percent in 2017, 12.4 percent in 2018, 10.7 percent in 
                        <PRTPAGE P="12952"/>
                        2019, and 7.8 percent in 2020.
                        <SU>21</SU>
                        <FTREF/>
                         This steady decline is consistent with what would be expected to happen if the Market Stabilization Rule (82 FR 18346) successfully encouraged enrollees to continue paying premiums. However, due to data limitations we concluded that we were unable to directly attribute any changes in enrollment behavior in the Exchanges using the Federal platform to the interpretation of the guaranteed availability requirement stated in the Market Stabilization Rule (82 FR 18346).
                    </P>
                    <FTNT>
                        <P>
                            <SU>21</SU>
                             The regulatory impact analysis stated that these annual figures should not necessarily be interpreted as trends, as some States moved from Exchanges using the Federal platform to State Exchanges and the overall composition of the dataset may have changed (87 FR 27369, fn 381).
                        </P>
                    </FTNT>
                    <P>It is possible, however, that this decline in the rate of enrollees who had their coverage terminated from 2017 to 2020 happened in part because the interpretation of the guaranteed availability requirement adopted in the Market Stabilization Rule (82 FR 18349 through 18353) successfully encouraged enrollees to continue paying premiums. Actions by issuers to require enrollees to pay initial and past-due premiums to obtain coverage may have contributed to an improved risk pool by keeping healthier people enrolled who may have otherwise stopped payment if they anticipated they would not need covered health services for the rest of the plan year.</P>
                    <P>
                        We previously determined that reversing the Market Stabilization Rule's policy would increase access to health insurance coverage for individuals who stop paying premiums due to reasons such as financial hardship or affordability and who are currently unable to enroll in coverage because they cannot afford to pay both past-due premiums and the first month premium for new coverage. Given the availability of premium support for many who experience financial hardship, we anticipate that enrollment loss from requiring payment of past-due premiums would be minimal. Enrollment losses should be minimal because the amount most individuals owe in past-due premiums is relatively small and thus having to pay those amounts generally would not impose a substantial financial burden to enroll in coverage. Because of rules regarding grace periods and termination of coverage, individuals with past-due premiums who receive APTC would generally owe no more than 1 to 3 months of past-due premium amounts.
                        <SU>22</SU>
                        <FTREF/>
                         Furthermore, for individuals on whose behalf the issuer received APTC, their past-due premiums would be net of any APTC that was paid on the individual's behalf to the issuer, with respect to any months for which the individual is paying past-due premiums, and thus, the typical past-due premium is quite small. We continue to believe that allowing issuers to require payment of past-due premiums to effectuate coverage is aligned with the statutory text in section 2702 of the PHS Act and is consistent with section 2703 of the PHS Act regarding guaranteed renewability.
                    </P>
                    <FTNT>
                        <P>
                            <SU>22</SU>
                             Section 156.270(d) requires issuers to observe a 3-consecutive month grace period before terminating coverage for those enrollees who when failing to timely pay their premiums are receiving APTC. Section 155.430(d)(4) requires that when coverage is terminated following this grace period, the last day of enrollment in a QHP through the Exchange is the last day of the first month of the grace period. Therefore, individuals whose coverage is terminated at the conclusion of a grace period would owe at most 1 month of premiums, net of any APTC paid on their behalf to the issuer. Individuals who attempt to enroll in new coverage while in a grace period (and whose coverage has not yet been terminated) could owe up to 3 months of premium, net of any APTC paid on their behalf to the issuer.
                        </P>
                    </FTNT>
                    <P>Under section 2702(a) of the PHS Act, issuers are generally required to accept every individual and employer in the State that applies for coverage, subject to certain exceptions. These exceptions allow issuers to uniformly limit enrollment: (1) to certain open enrollment periods and SEPs; (2) to an employer with eligible employees who live, work, or reside in the service area of a network plan; (3) if the capacity of a network plan cannot provide adequate services to new enrollees; and (4) if the issuer does not have the financial reserves necessary to underwrite additional coverage. Under this framework, the PHS Act's guaranteed availability requirements focus on regulating matters under the control of the issuer to accept every individual and employer that applies for coverage except under a limited set of exceptions where a uniform enrollment limit protects the viability of the market and individual issuers.</P>
                    <P>Section 2703 of the PHS Act requires an issuer that offers health insurance coverage in the group or individual market to renew or continue in force such coverage at the option of the plan sponsor or individual, unless certain exceptions apply. These exceptions allow issuers to non-renew or discontinue coverage for non-payment of premium, committing fraud, violating employer participation or contribution rules, moving outside the network service area, or ceasing the membership of an employer in an association. In addition, an issuer may also uniformly terminate coverage by following a specific set of requirements. These guaranteed renewability exceptions focus on allowing issuers to respond to individual and employer behavior after their coverage is in force. Under this framework, the guaranteed renewability requirements cover both renewals and the continuing of coverage in force throughout the year.</P>
                    <P>Whether or not an exception applies would depend on the issuer's terms of coverage, and applicable State and Federal law. Section 2703 of the PHS Act gives issuers broad flexibility to establish terms of coverage related to most of the exceptions. In traditional insurance contracts, there are typically provisions related to premium payments, fraud, employer participation and contribution rates, and living, residing, or working in the network service area. By enrolling in coverage, the applicant accepts the terms of coverage. After coverage is in force (including in instances where an enrollee is renewing prior coverage), the issuer may discontinue coverage if the individual fails to follow the terms of coverage for one of the exceptions provided under the law.</P>
                    <P>
                        Consistent with section 2702 of the PHS Act, we propose to allow issuers to establish terms of coverage that attribute the initial premium an enrollee pays to effectuate new coverage to past-due premium amounts owed to an issuer and then to refuse to effectuate coverage if the payment does not equal the outstanding debt and the new monthly premium amount. Assuming State law does not prohibit such action, this would permit an issuer to establish terms of coverage that require a policyholder whose coverage is terminated for non-payment of premium in the individual or group market to pay all past-due premium owed to that issuer in order to purchase new coverage from that issuer. Under this proposal, similar to the policy in the Market Stabilization Rule, an issuer would be required to apply its premium payment policy uniformly to all employers or individuals in similar circumstances in the applicable market regardless of health status, and consistent with applicable nondiscrimination requirements.
                        <SU>23</SU>
                        <FTREF/>
                         The proposal would not permit an issuer to condition the effectuation of new coverage on payment of past-due premiums by any individual other than 
                        <PRTPAGE P="12953"/>
                        the person contractually responsible for the payment of premium.
                    </P>
                    <FTNT>
                        <P>
                            <SU>23</SU>
                             Issuers may also have obligations under other applicable Federal laws prohibiting discrimination, and issuers are responsible for ensuring compliance with all applicable laws and regulations. There may also be separate, independent non-discrimination obligations under State law.
                        </P>
                    </FTNT>
                    <P>
                        This interpretation also avoids the perverse incentives introduced under the current interpretation. Under the current interpretation, an enrollee who is receiving APTC and who renews and owes past-due payments at the start of the plan year (because the individual failed to pay the full amount due starting in November or December) will be in a 3-month grace period in January and must pay the full amount owed by the end of the grace period to prevent termination.
                        <SU>24</SU>
                        <FTREF/>
                         In contrast, someone who is not renewing coverage under the same product but instead selects coverage under a different product and owes past-due premiums would be able to pay the binder payment to effectuate new coverage without being in a grace period or paying past-due premiums. Therefore, by choosing new coverage versus continuing in the same coverage, the enrollee can avoid paying the outstanding debt before starting coverage for the next plan year. While the enrollee still owes a debt to the issuer related to the prior coverage, this strategy makes the debt far harder for the issuer to collect and buys the enrollee more flexibility to game their coverage period. Under our proposal, the obligation to pay the past debt does not change based on whether the annual contract is new or a renewal.
                    </P>
                    <FTNT>
                        <P>
                            <SU>24</SU>
                             See, Federally-facilitated Exchange (FFE) Enrollment Manual, Section 6.3 Terminations for Non-Payment of Premiums (version effective as of Aug. 19, 2024), available at 
                            <E T="03">https://www.cms.gov/files/document/ffe-enrollment-manual-2024-5cr-082024.pdf</E>
                             (stating that for individuals whose grace period for non-payment of premiums extends past the end of the annual OEP and who either auto-renews or makes an active plan selection that is a continuation of the same coverage, the issuer may attribute enrollee payments to the oldest outstanding debt in the existing grace period for the current coverage).
                        </P>
                    </FTNT>
                    <P>In the 2016 Payment Notice (80 FR 10750, 10794), we revised § 155.400(e) to establish a standard policy for premium payment deadlines in the FFEs, while leaving other Exchanges the option of establishing such policies. In particular, we set a uniform deadline for the payment of the first month's premium to effectuate an enrollment. When setting this policy, we received several comments recommending that HHS give issuers flexibility surrounding payment deadlines and, in response, we recognized that decisions regarding payment of the first month's premium (the binder payment) have traditionally been business decisions made by issuers, subject to State rules. While we have established certain uniform standards for premium payment deadlines, premium payment policies are generally business decisions made by issuers, subject to State rules. We therefore propose to allow issuers, to the extent permitted by applicable State law, to establish terms of health insurance coverage that attribute to past-due premium amounts owed to an issuer the initial premium the enrollee pays to effectuate new coverage. We propose that this policy would apply starting on the effective date of the final rule. We seek comment on this proposal.</P>
                    <P>In the Market Stabilization Rule (82 FR 18349 through 18353), we also set additional parameters around this flexibility. These parameters allowed an issuer to attribute payments to effectuate new coverage to past-due premiums amounts owed to any other issuer that is a member of the same controlled group. For this purpose, a controlled group was a group of two or more persons that is treated as a single employer under sections 52(a), 52(b), 414(m), or 414(o) of the Code, which is the same definition used for other purposes related to the guaranteed renewability provision. HHS limited the issuer to attributing premium payments to past-due premiums for coverage within the prior 12 months. In addition, we also required issuers that adopted this premium payment policy (as well as any issuers that do not adopt the policy but are within an adopting issuer's controlled group) to provide notice of the consequences of non-payment on future enrollment in enrollment application materials and in any notice that is provided regarding non-payment of premiums. While these are reasonable parameters, we believe States are better situated to set and oversee parameters of this nature and therefore do not believe a uniform national policy on these elements is warranted. We clarify that our proposal to permit issuers to establish terms of coverage that attribute the initial premium an enrollee pays to effectuate new coverage to past-due premium amounts owed to an issuer, and then to refuse to effectuate coverage if the payment does not equal the outstanding debt plus the new monthly premium amount, would permit them to include past-due premium amounts owed to another issuer in the same controlled group, if permitted by applicable State law. We seek comments on whether we should leave such parameters to States or codify these and any other parameters to establish a more uniform Federal regulatory approach. We also seek comment on whether issuers should be required to establish terms of coverage that attribute to past-due premium amounts owed to an issuer the premium the enrollee initially pays for subsequent coverage, and the associated costs for issuers to implement such a requirement.</P>
                    <P>Here and throughout this proposed rule we encourage commenters to include supporting facts, research, and evidence in their comments. When doing so, commenters are encouraged to provide citations to the materials referenced, including active hyperlinks. Likewise, commenters who reference materials which have not been published are encouraged to upload relevant data collection instruments, data sets, and detailed findings as a part of their comment. Providing such citations and documentation will assist HHS in analyzing the comments.</P>
                    <HD SOURCE="HD2">B. Part 155—Exchange Establishment Standards and Other Related Standards Under the Affordable Care Act</HD>
                    <HD SOURCE="HD3">1. Definitions; Deferred Action for Childhood Arrivals (§ 155.20)</HD>
                    <P>
                        Section 1312 of the ACA specifically excludes individuals who are not “lawfully present” from eligibility for enrollment in a QHP or for insurance affordability programs.
                        <SU>25</SU>
                        <FTREF/>
                         Section 36B of the Code, and sections 1412, 1402, and 1331 of the ACA, exclude individuals who are not “lawfully present” from eligibility for PTC,
                        <SU>26</SU>
                        <FTREF/>
                         APTC,
                        <SU>27</SU>
                        <FTREF/>
                         CSRs,
                        <SU>28</SU>
                        <FTREF/>
                         and enrollment in a BHP in States that elect to operate a BHP,
                        <SU>29</SU>
                        <FTREF/>
                         respectively. From 2012 through 2024, HHS long took the position that a noncitizen in the United States under the Deferred Action for Childhood Arrivals (DACA) policy was not “lawfully present” for purposes of determining eligibility to enroll in a QHP or for these insurance affordability programs.
                        <SU>30</SU>
                        <FTREF/>
                         However, in the DACA Rule (89 FR 39392), HHS updated the definition of “lawfully present” to include DACA recipients for purposes of determining eligibility to enroll in a QHP through an Exchange, to be eligible for PTC, APTC, and CSRs, and to enroll in a BHP in States that elect to operate a BHP. The agency now proposes to realign our policy with the text of the ACA by updating the definition of “lawfully present” such that DACA recipients are no longer considered “lawfully present” for purposes of enrollment in a QHP, eligibility for PTC, APTC, and CSRs, and for BHP coverage.
                    </P>
                    <FTNT>
                        <P>
                            <SU>25</SU>
                             42 U.S.C. 18032(f)(3).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>26</SU>
                             42 U.S.C. 18082(d); 26 U.S.C. 36B(e)(2).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>27</SU>
                             42 U.S.C. 18082(d).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>28</SU>
                             42 U.S.C. 18071(e).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>29</SU>
                             42 U.S.C. 18051(e).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>30</SU>
                             See the definition of “insurance affordability program” at 45 CFR 155.300(a) and 42 CFR 435.4.
                        </P>
                    </FTNT>
                    <PRTPAGE P="12954"/>
                    <P>
                        On June 15, 2012, the United States Department of Homeland Security (DHS) issued a memorandum entitled “Exercising Prosecutorial Discretion with Respect to Individuals who Came to the United States as Children” (“DHS Memo”).
                        <SU>31</SU>
                        <FTREF/>
                         The DHS Memo established, for the first time, the DACA policy, and it set forth three principles. First, certain individuals who were brought to the United States as children from another country and who were in the United States in violation of immigration laws were not considered to be an immigration enforcement priority. Second, with respect to these individuals, DHS officials were instructed to exercise enforcement discretion and generally defer from placing them into removal proceedings. Finally, United States Citizenship and Immigration Services (USCIS) was instructed to accept applications to determine whether these individuals were eligible for work authorization during a period of deferred action.
                    </P>
                    <FTNT>
                        <P>
                            <SU>31</SU>
                             Napolitano, J. (2012, June 15). 
                            <E T="03">Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children.</E>
                             U.S. Department of Homeland Security. 
                            <E T="03">https://www.dhs.gov/xlibrary/assets/s1-exercising-prosecutorial-discretion-individuals-who-came-to-us-as-children.pdf.</E>
                        </P>
                    </FTNT>
                    <P>On August 30, 2012, HHS issued an Interim Final Rule (77 FR 52615 through 52616) that amended the definition of “lawfully present” at § 155.20 to conform with the law as enacted by the ACA by making clear that an individual whose case had been deferred under the DACA policy “will not be able to enroll in coverage through the Affordable Insurance Exchanges and, therefore, will not receive coverage that could make them eligible for premium tax credits.” The Interim Final Rule noted at that time (77 FR 52615) that “the reasons that DHS offered for adopting the DACA process do not pertain to . . . extend[ing] health insurance subsidies under the Affordable Care Act to these individuals.” For that reason, the HHS explained (77 FR 52615), it did not intend to “inadvertently expand the scope of the DACA process.”</P>
                    <P>
                        On May 8, 2024, after notice and comment, HHS issued the DACA Rule (89 FR 39392) reversing this longstanding interpretation. In the final rule, HHS announced that it had chosen to “reconsider” the prior interpretation from 2012. The DACA Rule, which became effective on November 1, 2024, advanced several arguments for reversing the agency's prior interpretation.
                        <SU>32</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>32</SU>
                             On December 9, 2024, the United States District Court for the District of North Dakota issued a preliminary injunction in 
                            <E T="03">Kansas</E>
                             v. 
                            <E T="03">United States of America</E>
                             (Case No. 1:24-cv-00150) partially blocking implementation of the 2024 final rule at 89 FR 39392.
                        </P>
                    </FTNT>
                    <P>
                        In light of recent Executive Orders, “Protecting the American People Against Invasion” 
                        <SU>33</SU>
                        <FTREF/>
                         and “Ending Taxpayer Subsidization of Open Borders,” 
                        <SU>34</SU>
                        <FTREF/>
                         and consistent with our statutory authority to define “lawfully present” for use in determining eligibility for our programs, we are now reconsidering these arguments.
                    </P>
                    <FTNT>
                        <P>
                            <SU>33</SU>
                             “Protecting the American People Against Invasion,” Exec. Order No. 14,159, 90 FR 8443 (Jan. 20, 2025). 
                            <E T="03">https://www.federalregister.gov/documents/2025/01/29/2025-02006/protecting-the-american-people-against-invasion. https://www.federalregister.gov/documents/2025/01/29/2025-02006/protecting-the-american-people-against-invasion.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>34</SU>
                             “Ending Taxpayer Subsidization of Open Borders.” (Feb. 19, 2025). 
                            <E T="03">https://www.whitehouse.gov/presidential-actions/2025/02/ending-taxpayer-subsidization-of-open-borders/. https://www.whitehouse.gov/presidential-actions/2025/02/ending-taxpayer-subsidization-of-open-borders/.</E>
                        </P>
                    </FTNT>
                    <P>In the DACA Rule (89 FR 39392 through 39395), HHS concluded that because DHS had determined that a DACA recipient is “lawfully present” for purposes of eligibility for certain Social Security benefits under 8 U.S.C. 1611(b)(2), that the agency should “align” its position to that of DHS, even while acknowledging that we were operating under separate statutory and policy considerations. However, as demonstrated by HHS' prior policy with regard to DACA recipients (89 FR 39392 through 39395), the “separate statutory authority and policy considerations” did not compel HHS to “align” its position on DACA recipients with the position that DHS took with regard to DACA recipients' eligibility for certain Social Security benefits.</P>
                    <P>
                        In the DACA Final Rule (89 FR 39395), HHS also posited that it saw “no statutory mandate to distinguish between recipients of deferred action under the DACA policy and other deferred action recipients.” The final rule noted that Federal agencies have long considered deferred action recipients to be “lawfully present” for purposes of certain Social Security benefits since 1996.
                        <SU>35</SU>
                        <FTREF/>
                         However, DACA recipients, unlike other deferred action-recipients, received deferred action under a large-scale presidential initiative whose purposes did not include extending ACA access to health insurance Exchanges. As HHS originally explained, it is not consistent with the reasons offered for adopting the DACA process to extend health insurance subsidies under the ACA to these individuals (77 FR 52615). This original policy reflected the better view of the appropriate intersection of DACA and the ACA.
                    </P>
                    <FTNT>
                        <P>
                            <SU>35</SU>
                             See Definition of the Term Lawfully Present in the United States for Purposes of Applying for Title II Benefits Under Section 401(b)(2) of Public Law 104-193, interim final rule, 61 FR 47039).
                        </P>
                    </FTNT>
                    <P>
                        The Fifth Circuit concluded in 2022 that “Congress created an intricate statutory scheme for determining which classes of aliens may receive lawful presence, discretionary relief from removal, deferred action, and work authorization” and that “Congress's rigorous classification scheme forecloses the contrary scheme in the DACA Memorandum.” 
                        <E T="51">36 37</E>
                        <FTREF/>
                         In the DACA Rule, HHS acknowledged the Fifth Circuit's opinion but proceeded to consider DACA recipients “lawfully present” for purposes of eligibility to enroll in a QHP through an Exchange, to be eligible for PTC, APTC, CSRs, and to be eligible to enroll in a BHP in States that elect to operate a BHP because the “rule reflects our independent statutory authority under the ACA to define `lawfully present.' ” Upon further reconsideration, we now believe it was improper for HHS to define “lawfully present” under the ACA in a way that departed from the longstanding understanding of that term with respect to DACA recipients.
                    </P>
                    <FTNT>
                        <P>
                            <SU>36</SU>
                             
                            <E T="03">Texas</E>
                             v. 
                            <E T="03">United States,</E>
                             50 F.4th 498, 526 (5th Cir. 2022).
                        </P>
                        <P>
                            <SU>37</SU>
                             On January 17, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a decision (
                            <E T="03">State of Texas, et al.</E>
                             v. 
                            <E T="03">U.S.A,</E>
                             et al., 23-40653) regarding DHS's final rule “Deferred Action for Childhood Arrivals” (87 FR 53152), which found the benefits granting provisions of the rule to be substantively unlawful, limited injunctive relief to the State of Texas, and remanded the case to the district court for further proceedings.
                        </P>
                    </FTNT>
                    <P>
                        To support the DACA Rule, HHS stated that the policy would increase insurance coverage, reduce delays in care, improve the ACA's risk pool, and make DACA recipients more productive members of society. However, these benefits the agency previously noted do not mean that DACA recipients should be considered to have met the “lawfully present” standard that Congress set in order to enroll in a QHP through an Exchange, to be eligible for PTC, APTC, CSRs, and to enroll in a BHP in States that elect to operate a BHP. We believe the use of the term “lawfully present” in the ACA is best implemented by excluding DACA recipients for purposes of eligibility to enroll in a QHP through an Exchange, to be eligible for PTC, APTC, CSRs, and to be eligible to enroll in a BHP in States that elect to operate a BHP. DHS's decision that DACA recipients are not priorities for removal does not, as DHS has acknowledged, mean that they have “lawful status” within the United States, nor does that DHS decision control anything regarding “eligibility rules” for health-related benefits administered by “[o]ther 
                        <PRTPAGE P="12955"/>
                        departments and agencies, such as HHS” (87 FR 53211 through 53212). Therefore, we believe it was improper for HHS to advance a policy goal that was contrary to the ACA's statutory limitations as they have been understood since the inception of DACA. Furthermore, DHS's decision that enforcement resources should be focused on other unlawful immigrants does not compel the conclusion that taxpayer dollars should be expended to subsidize the healthcare of those unlawful immigrants, as HHS recognized in its 2012 rule. Indeed, Congress has expressed a clear immigration policy that “aliens within the Nation's borders not depend on public resources to meet their needs” and public benefits should “not constitute an incentive for immigration to the United States” (8 U.S.C. 1601(2)). While HHS acknowledged this goal in previous rulemaking (89 FR 39399), it did not explain why the understanding that it had adopted prior to the DACA Rule did not better comport with this statutory goal.
                    </P>
                    <P>After reconsidering these arguments, we believe that, with respect to DACA recipients, defining the term “lawfully present” as set forth in the August 30, 2012 Interim Final Rule (77 FR 52614 through 52616) better adhered to the policy considerations underlying the statutory scheme. As previously noted, HHS' statutory authority and policy considerations for defining “lawfully present” with regard to its programs are separate from DHS's, and there is no requirement that HHS aligns its definition of “lawfully present” with DHS's. There is also no requirement that HHS align its treatment of DACA recipients with other recipients of deferred action, particularly given the fundamental differences between DHS's DACA policy and other policies under which DHS may grant deferred action. In the 2012 Interim Final Rule (77 FR 52614 at 52615), HHS noted that the reasons DHS offered in the DHS Memo for adopting the DACA process did not include providing access to insurance affordability programs, and that any such expansion would “inadvertently expand the scope of the DACA process.” Section 42 U.S.C. 18032(f)(3), section 36B(e)(2) of the Code, 42 U.S.C. 18082(d), and 42 U.SC. 18071(e)(1)(A), 42 U.S.C. 18051(e) limit enrollment in a QHP offered on an Exchange and eligibility for PTC, APTC, CSRs, and enrollment in a BHP in States that elect to operate a BHP, respectively, to an individual who is “lawfully present” in the United States, and the better view is that a DACA recipient does not meet that requirement and would therefore, under this rule, be ineligible for these benefits.</P>
                    <P>We seek comments on this proposal.</P>
                    <HD SOURCE="HD3">2. Standards for Termination of an Agent's, Broker's, or Web-Broker's Exchange Agreements for Cause (§ 155.220(g)(2))</HD>
                    <P>
                        Later in this preamble, there is significant discussion regarding dramatic levels of improper enrollments involving agents, brokers, and web-brokers. Examining agent, broker, and web-broker practices and taking enforcement action against noncompliant agents, brokers, and web-brokers is critical to program integrity, and HHS is committed to holding noncompliant agents, brokers, and web-brokers accountable to protect Exchanges and consumers. We propose to amend § 155.220(g)(2) to improve transparency in the process for holding agents, brokers, and web-brokers accountable for compliance with applicable law, regulatory requirements, and the terms and conditions of their Exchange agreements.
                        <SU>38</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>38</SU>
                             Consistent with § 155.220(d), there are currently three Exchange agreements with CMS that extend to agents, brokers, and web-brokers assisting consumers in the FFEs and SBE-FPs: (1) the Agent Broker General Agreement for Individual Market FFEs and SBE-FPs, (2) the Agent Broker Privacy and Security Agreement for Individual Market FFEs and SBE- FPs, and (3) the Agent Broker SHOP Privacy and Security Agreement. Web-brokers assisting consumers in the FFEs and SBE-FPs are required to sign the Web-broker General Agreement, and web-brokers who are primary Enhanced Direct Enrollment (EDE) entities that assist consumers in the FFEs and SBE-FPs are required to sign the EDE Business Agreement and the Interconnection Security Agreement.
                        </P>
                    </FTNT>
                    <P>
                        Section 1312(e) of the ACA provides that the Secretary shall establish procedures under which a State may allow agents or brokers to enroll individuals and employers in any QHPs in the individual or small group market as soon as the plan is offered through an Exchange in the State; and to assist individuals in applying for PTC and CSRs for plans sold through an Exchange. Regulations at § 155.220 implement this statutory requirement.
                        <SU>39</SU>
                        <FTREF/>
                         Among other things, § 155.220 includes termination for cause standards in paragraphs (g)(1) through (3), which generally provide that if, in HHS' determination, a specific finding of noncompliance or pattern of noncompliance is sufficiently severe, HHS may terminate an agent's, broker's, or web-broker's agreements with the FFE for cause. Consistent with § 155.220(l), the termination for cause standards apply to agents, brokers, and web-brokers participating in SBE-FPs. Paragraph (h) sets forth procedures for subsequent review (that is, “reconsideration”) of the termination action.
                    </P>
                    <FTNT>
                        <P>
                            <SU>39</SU>
                             Also see §§ 155.221 and 155.222.
                        </P>
                    </FTNT>
                    <P>
                        We propose to improve transparency in the process for holding agents, brokers, and web-brokers accountable for noncompliance with applicable law, regulatory requirements, and the terms and condition of their Exchange agreements. Specifically, we propose to add text to § 155.220(g)(2) that clearly states that HHS would apply a “preponderance of the evidence” standard of proof with respect to issues of fact to assess potential noncompliance under § 155.220(g)(1) and make a determination there was a specific finding or pattern of noncompliance that is sufficiently severe. Similar to definitions adopted by other HHS agencies and offices,
                        <SU>40</SU>
                        <FTREF/>
                         we propose at § 155.20 to capture this new definition, which would state that “preponderance of the evidence” means proof by evidence that, compared with evidence opposing it, leads to the conclusion that the fact at issue is more likely true than not.
                        <SU>41</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>40</SU>
                             See 42 CFR 93.228 (preponderance of the evidence means “proof by evidence that, compared with evidence opposing it, leads to the conclusion that the fact at issue is more likely true than not”); 45 CFR 412.001 (“Preponderance of the evidence means proof, after assessing the totality of available information, that leads to the conclusion that the fact at issue is more probably true than not.”); and 45 CFR 1641.2 (“Preponderance of the evidence means proof by information that, compared with that opposing it, leads to the conclusion that the fact at issue is more probably true than not.”).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>41</SU>
                             
                            <E T="03">See also INS</E>
                             v. 
                            <E T="03">Cardoza-Fonseca,</E>
                             480 U.S. 421 (1987) (defining “more likely than not” as a greater than 50 percent probability of something occurring).
                        </P>
                    </FTNT>
                    <P>
                        In proposing the preponderance of the evidence standard, we considered the severity of the potential consequences involved in our termination for cause standards in § 155.220(g)(1) through (3),
                        <SU>42</SU>
                        <FTREF/>
                         and how evidentiary standards have traditionally been used in court cases. Federal administrative and civil cases generally use a preponderance of the evidence standard, while criminal cases, in order to sustain a conviction, demand the highest standard, guilt “beyond a reasonable doubt,” under which evidence must be so strong that there is no reasonable doubt about a defendant's guilt.
                        <SU>43</SU>
                        <FTREF/>
                         Between those two 
                        <PRTPAGE P="12956"/>
                        evidentiary standards are the “clear and convincing evidence” standard, under which a trier of fact must have an abiding conviction that the truth of the factual contention is “highly probable,” 
                        <SU>44</SU>
                        <FTREF/>
                         and the “substantial evidence” standard, which means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
                        <SU>45</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>42</SU>
                             HHS acknowledges that there are additional enforcement actions under 45 CFR 155.220(g) that are not addressed by this proposal. We are considering future rulemaking to implement additional regulation changes to the frameworks for those actions that may strengthen our oversight and the integrity of the program.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>43</SU>
                             See Maurice, R.; updated by Barrett, S. (2024, Oct. 31). 
                            <E T="03">Legal Standards of Proof.</E>
                             Nolo. 
                            <E T="03">https://www.nolo.com/legal-encyclopedia/legal-standards-proof.html</E>
                             (from lowest to highest standard: preponderance of the evidence, substantial 
                            <PRTPAGE/>
                            evidence, clear and convincing evidence, and beyond a reasonable doubt). See Maurice, R., &amp; Barrett, S. (2024, October 31). 
                            <E T="03">Legal standards of proof: You've probably heard that prosecutors have to prove criminal charges “beyond a reasonable doubt.” But do you know about the other legal standards of proof?</E>
                             NOLO. 
                            <E T="03">https://www.nolo.com/legal-encyclopedia/legal-standards-proof.html</E>
                            .
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>44</SU>
                             Ibid. (citing 
                            <E T="03">Colorado</E>
                             v. 
                            <E T="03">New Mexico,</E>
                             467 U.S. 310 at 316 (1984)).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>45</SU>
                             See 
                            <E T="03">Reed</E>
                             v. 
                            <E T="03">Sec. of Health and Human Serv.,</E>
                             804 F. Supp. 914 at 918 (E.D. Mich. 1992).
                        </P>
                    </FTNT>
                    <P>
                        HHS is of the view that the preponderance of the evidence standard is appropriate in our termination for cause standards framework under § 155.220(g)(1) through (3) because it is the standard used in most Federal civil cases and administrative proceedings. However, we also appreciate that the termination of an agent's, broker's, or web-broker's Exchange agreements may affect their State licensure, given that we inform State insurance oversight agencies of these enforcement actions.
                        <SU>46</SU>
                        <FTREF/>
                         In addition, after the applicable period in § 155.220(g)(3) elapses and the Exchange agreement(s) under § 155.220(d) are terminated, the agent, broker, or web-broker will no longer be permitted to assist with or facilitate enrollment of a qualified individual in coverage in a manner that constitutes coverage through an FFE or SBE-FP, or be permitted to assist individuals in applying for APTC and CSRs for QHPs offered through an FFE or SBE-FP.
                        <SU>47</SU>
                        <FTREF/>
                         Once an agent's, broker's, or web-broker's Exchange agreements are terminated, they are unable to assist with applying for or enrolling in QHPs offered through the Exchange in any of the more than 30 States served by Exchanges on the Federal platform. Given these potential consequences, we seek comment not only on this proposal to use a “preponderance of evidence” standard of proof in assessing potential noncompliance under § 155.220(g)(1), but also whether a different standard would be more appropriate to make a determination there was a specific finding or pattern of noncompliance by agents, brokers, and web-brokers that is sufficiently severe. We also solicit comments on our proposed definition for this new “preponderance of evidence” standard.
                    </P>
                    <FTNT>
                        <P>
                            <SU>46</SU>
                             See 45 CFR 155.220(g)(6).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>47</SU>
                             See 45 CFR 155.220(g)(4) and (l).
                        </P>
                    </FTNT>
                    <P>In addition, we intend to provide greater specificity and precision in the Exchange agreements for PY 2026 and beyond regarding impermissible conduct by agents, brokers, and web-brokers, and to address the requirements for ensuring agents, brokers, and web-brokers have obtained and documented receipt of consumer consent to collect their personally identifiable information and help them apply for and/or enroll in QHP coverage offered through the applicable FFE or SBE-FP. These changes will provide additional, clear guidance to agents, brokers, and web-brokers, as well as additional information on how HHS will address compliance failures. We seek input on actions or subject matters that interested parties believe should be specifically outlined, emphasized, or otherwise addressed in the Exchange agreements for PY 2026 and beyond.</P>
                    <P>We are also inviting comments on the following questions:</P>
                    <P>1. What are States' oversight practices with respect to impermissible conduct by agents, brokers, and web-brokers for the State Exchanges? How are such standards working?</P>
                    <P>2. Would it be helpful for HHS to provide more guidance on the form, manner, and content requirements for obtaining and documenting consumer consent? If so, what guidance would be helpful?</P>
                    <P>3. Are there other measures HHS should take to assist consumers who have been enrolled in QHP coverage through the FFEs or SBE-FPs, or switched to different coverage, without their consent to ensure they are held harmless for improper enrollments that are the result of noncompliant behavior by agents, brokers, and web-brokers?</P>
                    <P>4. Are there other measures that HHS should pursue to enhance oversight of agents, brokers, and web-brokers who assist consumer apply for and enroll in QHP coverage through the FFEs and SBE-FPs?</P>
                    <P>Comments are invited on these specific questions, and generally. We will consider public comments to help inform potential new or additional policies and changes to existing standards in future rulemaking.</P>
                    <HD SOURCE="HD3">3. Verification Process Related to Income Eligibility for Insurance Affordability Programs (§§ 155.305, 155.315, and 155.320)</HD>
                    <P>The ACA provides Federal subsidies to reduce premium and cost sharing payments for lower-income households who purchase QHPs through the Exchanges. To guard against fraud and abuse, the ACA establishes a set of standards and processes to verify that consumers meet the eligibility requirements for APTC and CSR subsidies. We are proposing several changes to the processes specifically related to verifying income eligibility for APTC and CSR subsidies.</P>
                    <P>Understanding the ACA's full statutory framework for making income eligibility determinations for APTC provides important context for analyzing the current regulations and the changes we are proposing. Each provision of the framework works in coordination with every other provision to strengthen the program integrity of the ACA's premium and cost sharing reduction program. Viewed in isolation, the importance of the role each provision plays can be undervalued or lost. With this in mind, after reviewing our recent rulemaking on the verification process related to income eligibility for APTC, we believe certain regulations do not align with this statutory framework. Therefore, before detailing the changes we propose, we believe it is important to first outline the full statutory framework and how each provision connects to increase the accuracy of eligibility determinations for APTC and CSR subsidies. Accordingly, the following discussion provides a detailed discussion of ACA's statutory framework for verifying and determining income eligibility for APTC.</P>
                    <P>
                        The ACA provides a PTC to lower net premiums for QHPs purchased through the Exchanges for eligible individuals. While taxpayers may choose to claim this credit on their tax return 
                        <E T="03">after</E>
                         they pay their premium, the ACA provides 
                        <E T="03">advanced</E>
                         payments of the premium tax credit (that is, APTC on behalf of eligible consumers, which the Federal Government pays directly to the issuer when the premium payments are due). The ACA contains an obligation on issuers to reduce cost-sharing for people with household incomes between 100 percent and 250 percent of the FPL who select a silver plan on an Exchange. The ACA imposes an obligation on the Federal Government to make periodic and timely payments to issuers equal to the value of the reductions. However, since a 2017 legal opinion determined the statute does not appropriate funding for CSR payments,
                        <SU>48</SU>
                        <FTREF/>
                         State Departments 
                        <PRTPAGE P="12957"/>
                        of Insurance have generally permitted or instructed their issuers to increase premiums only, or primarily, on silver-level QHPs, to compensate for the cost of offering CSRs, since the vast majority of eligible enrollees receiving CSRs are enrolled in silver plans. By loading premiums to compensate for lack of CSRs, issuers increase the amount of APTC the Federal Government pays them which, in turn, indirectly covers the cost of the CSR subsidies. Therefore, appropriations for APTC now effectively fund both APTC and CSR subsidies.
                    </P>
                    <FTNT>
                        <P>
                            <SU>48</SU>
                             
                            <E T="03">U.S. House of Representatives</E>
                             v. 
                            <E T="03">Burwell,</E>
                             185 F. Supp. 3d 165 (D.D.C. 2016); 
                            <E T="03">see also Legal Opinion Re: Payments to Issuers for Cost-Sharing Reductions (CSRs).</E>
                             Office of Attorney General. 
                            <E T="03">https://www.hhs.gov/sites/default/files/csr-payment-memo.pdf</E>
                             (On October 12, 2017, the Attorney General issued a legal opinion that HHS did not have a Congressional appropriation with 
                            <PRTPAGE/>
                            which to make CSR payments. Sessions III, J. (2017, Oct. 11)).
                        </P>
                    </FTNT>
                    <P>If the APTC paid on behalf of an enrollee exceeds the PTC amount allowed for the enrollee in a taxable year, section 36B(f)(2)(A) of the Code requires repayment of the excess APTC the Department of the Treasury paid to the issuer through an increase in the income tax on the enrollee by the amount of the excess. However, section 36B(f)(2)(B) of the Code substantially limits the amount of this tax increase or repayment for people with household incomes less than 400 percent of the FPL. Therefore, the statute does not allow the Federal Government to recover a substantial portion of excess APTC payments. As such, it is critical to establish an accurate estimate of household income during the application and enrollment process to most accurately set APTC payment amounts before the APTC payments are made. Otherwise, to the extent household income estimates allow people to qualify for an excess of APTC, a large portion of these excess APTC payments cannot be recovered from the enrollee. In the case of individuals who underestimate their income on their application, they can accumulate large surprise tax liabilities.</P>
                    <P>To avoid improper payments of APTC, the ACA includes a set of procedures for determining income eligibility that work together to increase the accuracy of household income estimates provided on applications for APTC. Section 1411(a) of the ACA requires HHS to establish a program for determining, among other things, whether an individual claiming PTC or CSR meets the income requirements. For applicants claiming PTC or CSR, section 1411(b)(3)(A) of the ACA requires them to provide income information from their most recent tax return filing. If there are changes in circumstances from the most recent tax filing or when the tax filer was not required to file taxes, section 1411(b)(3)(C) of the ACA requires applicants to report additional income information in coordination with the program under section 1412 of the ACA for setting APTC amounts.</P>
                    <P>Section 1412(b)(1)(B) of the ACA requires APTC to be set on the basis of the individual's household income for the most recent taxable year for which information is available. To determine and verify household income, it is imperative that consumers file a Federal income tax return when they are required to do so. As such, the ACA relies on people meeting their statutory obligations to file Federal income taxes under sections 6011 and 6012 of the Code. However, section 1412(b)(2) of the ACA establishes a separate set of procedures for determining APTC if there are changes in circumstances from the most recent tax filing or when the tax filer was not required to file taxes.</P>
                    <P>
                        Section 1411 of the ACA sets out procedures for verifying the information that enrollees provide on their application, including information required under both sections 1411 and 1412 of the ACA. Section 1411(c)(1) of the ACA requires Exchanges to submit an applicant's information to HHS. Section 1411(c)(3) of the ACA then requires HHS to submit income information to the IRS for the purposes of eligibility. The details of this data exchange and disclosure of taxpayer information are further specified at section 1414 of the ACA, which includes additional procedures for the exchange of information with Exchanges and State agencies to support income eligibility determinations. In the case of income information provided on an application that is not required to be submitted to the IRS for verification—that is, any income estimates that are different from the income reported on the applicant's previous tax return—section 1411(d) of the ACA requires HHS to verify its accuracy and allows HHS to delegate this responsibility to the Exchanges. Under section 1411(c)(4)(A) of the ACA, HHS must conduct these income verifications and determinations through the electronic submission of both the applicant's information and responses to the applicant, except that HHS may use a different method for income inconsistencies than the IRS per section 1411(c)(4)(B) of the ACA. If the information provided by the applicant is verified under the foregoing procedures, HHS then determines the applicant is eligible and notifies the Secretary of the Treasury of the APTC amount to be paid, if applicable.
                        <SU>49</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>49</SU>
                             Section 1411(e)(2)(A) of the ACA.
                        </P>
                    </FTNT>
                    <P>
                        However, if the household income information provided by the applicant is inconsistent with tax filing information from the IRS or fails the verification under section 1411(d) of the ACA, section 1411(e)(4) of the ACA requires Exchanges to take additional steps to verify income.
                        <SU>50</SU>
                        <FTREF/>
                         When there is a household income inconsistency, also known as a data matching issue (DMI), the Exchange must make a reasonable effort to identify and address the causes of such inconsistency, including those stemming from typographical or other clerical errors, by contacting the applicant to confirm the accuracy of the information, and by taking such additional actions as HHS, through regulation or other guidance, may identify. If the household income inconsistency persists, then the Exchange must notify the applicant and give the applicant an opportunity within 90 calendar days from the date the notice was sent to either present satisfactory documentary evidence to the Exchange or resolve the inconsistency with the IRS or the HHS verification source. If the household income inconsistency is not resolved by the end of this 90-day period, section 1411(e)(4)(B)(ii) of the ACA requires the Exchange to set the APTC and CSR based on income information from the IRS and information provided to HHS under section 1411(d) of the ACA.
                    </P>
                    <FTNT>
                        <P>
                            <SU>50</SU>
                             The responsibility for verifying eligibility here has shifted entirely from HHS to the Exchanges. However, HHS retains responsibility in States that have not established an Exchange. In addition, HHS retains authority to regulate how Exchanges verify eligibility at this stage.
                        </P>
                    </FTNT>
                    <P>To support verification and eligibility determinations, section 1413 of the ACA requires HHS to establish a system to streamline eligibility determinations across all applicable State health care subsidy programs, including QHP enrollment, PTCs, CSRs, Medicaid, the Children's Health Insurance Program (CHIP), and BHPs in States that elect to operate them. Within this system, States must develop a secure, electronic interface and using this interface, participate in a data matching program to establish, verify, and update eligibility for State health care subsidy programs, including the APTC, on the basis of reliable, third-party data. Collectively, we refer to these third-party data sources, such as the Social Security Administration, DHS, and the IRS, as trusted data sources. Importantly, this interface for exchanging data must be compatible with the method for data verification of the household income information provided on applications under section 1411(c)(4) of the ACA.</P>
                    <P>
                        In summary, under this statutory framework, HHS is responsible for 
                        <PRTPAGE P="12958"/>
                        verifying and determining income eligibility. We are tasked with verifying household income information with the IRS and verifying household income information with other trusted data sources when the IRS cannot provide enough information to verify income eligibility, or the information they provide significantly differs from the household's income attestation. The ACA further directs HHS to establish compatible electronic information exchange systems for enrollment applications and eligibility verification and determination. This creates a clear expectation for HHS to develop a robust data matching program between Federal agencies, State Exchanges, and other trusted data sources to determine APTC payments using the most accurate income estimates. Giving a Federal agency like HHS primary responsibility for verifying and determining APTC eligibility follows from the fact that APTC payments are Federal expenditures.
                    </P>
                    <P>Exchanges operate as the intermediary between HHS and the applicant. They provide the applicant's information to HHS and then HHS has the primary responsibility for verifying the information. However, when the IRS cannot verify the income information, HHS may delegate its responsibility to verify household income to the Exchanges. Still, HHS retains authority to regulate and guide how Exchanges verify this household income information, as well as responsibility for the data matching program used to establish, verify and update income eligibility. As the intermediary, the Exchanges must also make the final connection with the applicant to resolve any outstanding income inconsistencies. The Exchanges' role here is to provide notice to the applicant, collect any documentary evidence from the applicant, and facilitate any final effort to resolve the inconsistency with the IRS or other trusted data sources.</P>
                    <P>Applicants also bear important responsibilities in this process. This primarily includes a responsibility to file Federal income taxes for any year that they receive APTC and CSR and, if they have had a change in circumstances or were not required to file taxes, to report and attest to accurate income information. The ACA, however, requires verification of applicants' attestations of household income under section 1411(c) or (d), as referenced in section 1411(e)(4) of the ACA. There is no statutory exception to this verification process. If the applicant's household income cannot be verified, the applicant is responsible for providing satisfactory documentary evidence or taking further steps to resolve the inconsistency with the Federal information sources. If the applicant fails to resolve the inconsistency, the APTC amount must be based on the income data from Federal sources provided to HHS under section 1411(c) of the ACA.</P>
                    <P>With that as background, we propose the following changes to the processes in place related to verifying income eligibility for APTC and CSR subsidies.</P>
                    <HD SOURCE="HD3">a. Failure To File Taxes and Reconcile APTC Process (§ 155.305(f)(4))</HD>
                    <HD SOURCE="HD3">i. Delay of FTR Process Until After 2-Consecutive Years of FTR Removed</HD>
                    <P>We propose to amend paragraph § 155.305(f)(4) to reinstate the previous policy that an Exchange may not determine a tax filer or their enrollee eligible for APTC if: (1) HHS notifies the Exchange that APTC were paid on behalf of the tax filer, or their spouse if the tax filer is a married couple, for a year for which tax data would be utilized for verification of household and family size, and (2) the tax filer did not comply with the requirement to file a Federal income tax return and reconcile APTC for that year.</P>
                    <P>In 2012, we first finalized the FTR policy in the Exchange Establishment Rule (77 FR 18352 through 18353) to prevent a primary tax filer or spouse who has failed to comply with tax filing rules from accumulating additional Federal tax liabilities due to overpayment of APTC. Since 2015, HHS has taken regulatory and operational steps to help increase tax filer compliance with the filing and reconciliation requirements under the Code as described at 26 CFR 1.36B-4(a)(1)(i) and (a)(1)(ii)(A) by tying eligibility for future APTC to the tax filer's reconciliation of past APTC paid. When the original FTR process was first run in December 2015, only non-filers were identified as part of the FTR process. IRS began to identify non-filers, non-reconcilers, and tax filers with a valid tax filing extension in Fall 2016, and HHS began taking action on non-reconcilers and extension tax filers in addition to non-filers in Fall 2017.</P>
                    <P>As the operations behind the FTR process evolved, Exchanges struggled to communicate with enrollees about the removal of APTC due to their tax filing status. Due to these struggles, in the 2018 Payment Notice (81 FR 94124), the FTR Recheck process was carved out of the periodic data matching regulations at § 155.330(e)(2) due to concerns related to the protection of Federal tax information (FTI). Additionally, to strengthen the FTR process, Exchanges on the Federal platform added an additional check of an enrollee's FTR status after the OEP ended. This process, referred to as FTR Recheck, is the process that occurs early in the coverage year where Exchanges on the Federal platform verify the tax filing status of enrollees who attested to filing and reconciling during the OEP. During the comment period, many State Exchanges expressed their frustration regarding their inability to provide direct communications related to the tax filing status of the tax filers or their enrollees. In response to their comments, HHS carved out an exception to § 155.305(f)(4) that stated Exchanges could not deny APTC due to FTR unless “direct notification” was first sent to the tax filer that they would lose their eligibility for APTC related to their failure to file and reconcile. This change necessitated FTI compliant infrastructure for Exchanges. In the 2019 Payment Notice (83 FR 16982), HHS updated the FTR policy to remove the carve-out for direct notification. However, due to the earlier regulations, HHS did not run FTR Recheck in Spring 2017 because HHS would have been out of compliance with its own rule because it did not yet have the infrastructure to send direct notices that contain FTI. In Fall 2017, Exchanges on the Federal platform began sending direct notices to tax filers explicitly stating that they would lose eligibility for APTC due to their failure to comply with the requirement to file their Federal income taxes and reconcile APTC.</P>
                    <P>During the COVID-19 public health emergency (PHE), FTR operations were paused due to concerns that consumers who had filed and reconciled would lose APTC due to IRS processing delays resulting from IRS processing facility closures and a corresponding processing backlog of paper filings.</P>
                    <P>
                        In the 2024 Payment Notice (88 FR 25814), we amended the FTR process to restrict an Exchange from determining a tax filer ineligible for APTC until they have failed to file a Federal income tax return and reconcile APTC for two-consecutive tax years. We made this change to address operational challenges that required Exchanges to determine someone ineligible for APTC without having up-to-date information on the tax filing status of tax filers, to help consumers who may be confused or may have received inadequate education on the requirement to file and reconcile, to promote continuity of coverage for consumers who may not be aware of the requirement to file and reconcile, and to reduce the administrative burden on HHS.
                        <PRTPAGE P="12959"/>
                    </P>
                    <P>When we adopted this two-tax year FTR process, we acknowledged it could place consumers at a risk of increased tax liability. To mitigate this concern, in the 2025 Payment Notice (89 FR 26298 through 26299), we required Exchanges to issue FTR warning notices for enrollees in Exchanges on the Federal platform who have not filed and reconciled for one-tax year. We also acknowledged the risk for improper enrollment by consumers who know they can ignore their FTR status for an additional year, but concluded these instances would be limited as the majority of enrollees comply with FTR. Despite the potential for large tax liabilities and the risk of improper enrollment, we concluded that this policy would have a positive impact on consumers, while still ensuring program integrity as it would provide better continuity of coverage for consumers who may not be aware of the requirement to file and reconcile. We noted that we would continue to monitor the implementation of this new policy, including whether certain populations continue to experience large tax liabilities, and would consider whether additional guidance, or any additional policy changes in future rulemaking, are necessary.</P>
                    <P>
                        Upon further analysis of enrollment data, we believe the new FTR process places a substantially higher number of tax filers at a greater risk of accumulating increased tax liabilities.
                        <SU>51</SU>
                        <FTREF/>
                         We believe this is because the current FTR process could incentivize tax filers to not file and reconcile because they are allowed to keep APTC eligibility for an additional year without filing their Federal income tax return and reconciling APTC. If tax filers do not file and reconcile for two-consecutive tax years, they could have an increasing tax liability due to APTC that is not reconciled on the tax return. For example, if a tax filer had projected their household income to be less than 200 percent of the FPL, but had household income over 400 percent of the FPL when filing their Federal income tax return, the requirement to repay their excess APTC could constitute a major tax liability. Average APTC per month for those receiving it is $548 for OEP 2024. Moreover, new evidence shows there is a substantial risk of improper enrollment, which we discuss further below.
                        <SU>52</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>51</SU>
                             Marketplace Open Enrollment Period Public Use Files, 
                            <E T="03">https://www.cms.gov/data-research/statistics-trends-reports/marketplace-products/2024-marketplace-open-enrollment-period-public-use-files</E>
                            .
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>52</SU>
                             Blase, B.; Gonshorowski, D. (2024, June). 
                            <E T="03">The Great Obamacare Enrollment Fraud.</E>
                             Paragon Health Institute. 
                            <E T="03">https://paragoninstitute.org/private-health/the-great-obamacare-enrollment-fraud.</E>
                        </P>
                    </FTNT>
                    <P>In our previous rulemaking, we were concerned about consumers losing their Exchange coverage once they lose their eligibility for APTC, as they would no longer be able to pay their entire premium for a second year under the 1 year FTR policy. This concern guided our thought process in the 2024 Payment Notice when we amended the FTR process to restrict an Exchange from determining a tax filer ineligible for APTC until they have failed to file a Federal income tax return and reconcile APTC for two-consecutive tax years.</P>
                    <P>According to our estimates in that rule (81 FR 25902), we found approximately 116,000 enrollees with an FTR status were automatically enrolled in an Exchange QHP without APTC during the OEP for PY 2020, and that approximately 14,000 stayed enrolled without APTC by March 2020. We estimated all 102,000 enrollees who dropped coverage would have retained coverage under the new FTR process. Among those who dropped coverage, we estimated 20,400 (20 percent) would be reenrolled in coverage without APTC due to an FTR status for two-consecutive tax years. We estimated the continuity of coverage for the 81,600 who remained covered in the second year, accounting for enrollment retention rates, would likely increase APTC expenditures by $373 million beginning in 2025.</P>
                    <P>
                        However, considering new evidence regarding improper enrollments, it became apparent that the new FTR process could impede Exchange efforts to mitigate improper enrollments. At the time, we did not estimate the number of people with an FTR status who entered the OEP and either disenrolled, actively reenrolled without APTC, or resolved their FTR status and reenrolled with APTC. Due to concerns related to the safeguarding of FTI, the Exchanges on the Federal platform are unable to track specifically how many consumers originally identified as FTR prior to the OEP ultimately resolved their FTR status. This kind of information would have helped us fully understand the population that might take advantage of the current FTR process. Nor did we attempt to estimate the portion of people with FTR status who were likely ineligible for APTC. Rather, we assumed continuity of coverage with APTC was appropriate for everyone with an FTR status. Moreover, we did not consider how changing the notice to reflect the new FTR process would impact enrollment decisions. The prior FTR direct notice (for PY 2020 and earlier) gave notice that access to APTC would end if tax filers failed to file and reconcile for one-tax year, while the current one-tax year FTR direct notice for PY 2025 provides notice for tax filers identified as having a one-tax year FTR status that they 
                        <E T="03">may</E>
                         lose their APTC in the future if they do not file and reconcile their APTC. Tax filers with a one-tax year FTR status or their enrollees are directed to file their Federal income tax returns and reconcile their APTC as soon as possible in the current one-tax year FTR direct notice. Indirect notices for tax filers in both the one-tax year and two-tax year FTR status cannot directly tell an enrollee that they need to file their Federal income tax return, but encourage doing so in order to ensure that they remain eligible for APTC, along with other reasons why they may be at risk of losing APTC to mask FTI.
                    </P>
                    <P>
                        Upon further analysis of enrollment and tax filing data we believe the current two-year FTR process places a substantially higher number of consumers at risk of accumulating increased tax liabilities. We have revisited the enrollment and tax filing data from the OEP for PY 2020, as well as more recent enrollment data. During OEP 2025, the initial year in which FTR was resumed, the data shows that approximately 356,000 potential reenrollments entered OEP 2025 with a two-tax year FTR status and approximately 1,500,000 potential reenrollments entered OEP 2025 with either a one-tax year FTR status, an extension of the deadline to file their Federal income taxes, or had filed their Federal income taxes but had not attached IRS Form 8962 to reconcile their APTC. Under the current two-year policy for PY 2025, enrollees with a two-tax year FTR status could have actively reenrolled (but not auto-reenrolled) and attested to having filed and reconciled while IRS data still shows them as not having filed taxes for the 2022 or 2023 tax years, and the enrollees with a one-tax year FTR status could have either actively or automatically reenrolled in an Exchange QHP without meeting the requirement to file taxes for the 2023 tax year. Historically, under the one-tax year FTR process, between 15 percent and 20 percent of consumers originally identified at OEP as FTR end up losing their APTC due to the FTR Recheck process. As of February 2025, we do not have information on the number of consumers who were identified as having a two-tax year FTR status before 
                        <PRTPAGE P="12960"/>
                        the OEP and who have filed and reconciled in order to remain eligible for APTC. It is probable that due to the increase in enrollment, under the two-tax year FTR policy, the number of consumers who would remain covered into the second year would be greater than the 81,600 we previously estimated.
                    </P>
                    <P>
                        If most of these enrollees were eligible for APTC, then giving them some extra time to resolve their FTR status might be justified considering the potential confusion over the requirement to file and reconcile. However, in the proposed 2019 Payment Notice (82 FR 51086), we previously identified program integrity issues among tax filers who fail to file and reconcile. When people received notice regarding their failure to file and reconcile under the one-tax year FTR process, approximately 70 percent of households receiving the notification took appropriate action to file a tax return and reconcile associated APTC.
                        <SU>53</SU>
                        <FTREF/>
                         However, because tax filers for approximately 30 percent of households receiving the notification did not take appropriate action, we concluded that, absent evidence that they had filed and reconciled, it was important for program integrity purposes that Exchanges discontinue their APTC. A reason that may explain why this population does not file their taxes and reconcile their APTC is due to the administrative burden. IRS has noted that filing an individual tax return takes an average of 8 hours and costs approximately $160.
                        <SU>54</SU>
                        <FTREF/>
                         While there are numerous free file options as well as assistance for low-income taxpayers, many taxpayers do not utilize those options.
                        <SU>55</SU>
                        <FTREF/>
                         However, we continue to believe this high rate of people who failed to take appropriate action to file and reconcile represents a program integrity issue. The current policy aggravates this program integrity problem by allowing those enrollees who failed to take appropriate action to retain coverage into the second year.
                    </P>
                    <FTNT>
                        <P>
                            <SU>53</SU>
                             Internal CMS data.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>54</SU>
                             IRS. (2024). 
                            <E T="03">1040 (and 1040-SR) Instructions.</E>
                             Dep't of Treasury. 
                            <E T="03">https://www.irs.gov/pub/irs-pdf/i1040gi.pdf</E>
                            .
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>55</SU>
                             GAO. (2022, May 10). 
                            <E T="03">Why Don't More Taxpayers Take Advantage of Free Help Filing Taxes Online? https://www.gao.gov/blog/why-dont-more-taxpayers-take-advantage-free-help-filing-taxes-online</E>
                            .
                        </P>
                    </FTNT>
                    <P>
                        Furthermore, we believe the proposed one-tax year FTR process can serve as a backstop to improper enrollments. The Paragon Health Institute provides evidence that lead generation companies are misleading enrollees with the promise of free coverage and other enticements.
                        <SU>56</SU>
                        <FTREF/>
                         In these cases, some people are likely not aware they are enrolled in QHP coverage with APTC because, in response to misleading advertisements promising cash or gift cards, they provided enough personal information for agents, brokers, and web-brokers to improperly enroll them in such coverage with APTC without their knowledge.
                        <SU>57</SU>
                        <FTREF/>
                         These schemes tend to target low-income people, many of whom likely earn less than the thresholds for APTC eligibility. Under these schemes, some agents, brokers, or web-brokers improperly enroll people in QHP coverage with APTC who would not otherwise qualify. Individuals who were improperly enrolled may not realize they are enrolled in Exchange coverage until they receive a Form 1095-A. These individuals can obtain a voided Form 1095-A and avoid improper tax liabilities, but the process is burdensome and could lead to delays or errors in tax filing. We believe that FTR status may provide a strong indicator that a current enrollee entering the OEP has income that makes the household ineligible for APTC. Generally, people with lower incomes do not need to file taxes unless their income is over the filing requirement. Because the income filing requirement for a single filer with no self-employment income aligns with the eligibility threshold for APTC—$14,600 for 2024 tax filing compared to $14,580 for 2024 APTC eligibility—people who inflate their income to qualify for APTC will often have an income low enough to, absent the receipt of APTC, not require them to file taxes. In this case, the FTR status likely reflects a lack of understanding of the need to file taxes based on the receipt of APTC which, if they still think they do not meet the filing requirement based on their income, means they likely have an income too low to meet the APTC eligibility threshold.
                    </P>
                    <FTNT>
                        <P>
                            <SU>56</SU>
                             Blase, B; Kalisz, G. (2024, August). 
                            <E T="03">Unpacking The Great Obamacare Enrollment Fraud.</E>
                             Paragon Health Institute. 
                            <E T="03">https://paragoninstitute.org/private-health/unpacking-the-great-obamacare-enrollment-fraud/.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>57</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <P>
                        We established the current two-tax year FTR process at the end of the COVID-19 PHE. At that time, we had paused the removal of APTC under the FTR process because the pandemic severely impacted the IRS' ability to process tax returns for the 2019, 2020, and 2021 tax years.
                        <SU>58</SU>
                        <FTREF/>
                         Continuing the FTR process during that time would have removed APTC from substantial number of eligible enrollees who filed tax returns but had not had their tax returns processed yet.
                    </P>
                    <FTNT>
                        <P>
                            <SU>58</SU>
                             CMS. (2022, July 18). 
                            <E T="03">Failure to File and Reconcile (FTR) Operations Flexibilities for Plan Year 2023. https://www.cms.gov/cciio/resources/regulations-and-guidance/ftr-flexibilities-2023.pdf.</E>
                        </P>
                    </FTNT>
                    <P>While many enrollees did in fact file their Federal income taxes and reconcile APTC while FTR was paused during the COVID-19 PHE, in light of the substantial increase in improper enrollments HHS observed during PY 2024, we believe that reverting back to the pre-existing FTR policy, that is, the FTR policy in place before the COVID-19 PHE, is a critical program integrity measure that could further protect Exchanges and enrollees from improper enrollments. Specifically, we are concerned that the current policy of pausing removal of APTC due to an FTR status for an additional year could potentially let improperly enrolled enrollees stay enrolled for another year undetected. If an improper enrollment is not detected by the other methods that the Exchange has implemented, the proposed one-tax year FTR process should act as a backstop to ensure that an enrollee who is improperly enrolled loses APTC after 1 year of failing to file and reconcile instead of 2 years of failing to file and reconcile. For example, under the one-tax year FTR process, people received a notice that they would lose their eligibility for APTC unless they met the requirement to file and reconcile. Whereas under the current two-tax year FTR process, enrollees do not receive notification that they are imminently at risk of losing their APTC until they have had an FTR status for 2 years. As background, under the current process, Exchanges can choose to send (1) a direct notice to tax filers, (2) an indirect notice to enrollees, or (3) both a direct and indirect notice to enrollees with either one-tax year and two-tax year FTR status. Enrollees with a one-tax year FTR status can receive either a direct notice that they must file and reconcile, but they are not at risk for losing APTC for the current plan year if otherwise eligible, or an indirect notice that indirectly tells the enrollee to ensure they have done all the actions necessary to keep their APTC eligibility, including filing their Federal tax return and reconciling their APTC. It is not until an enrollee receives an FTR notice for the second tax year that they are instructed to file and reconcile as soon as possible to avoid losing APTC for the applicable plan year.</P>
                    <P>
                        After reviewing the tax filing data, we remain concerned that enrollees are accumulating tax liabilities due to misestimating their income. Before the COVID-19 PHE, over 50 percent of people who filed tax returns and reconciled APTC received excess APTC 
                        <PRTPAGE P="12961"/>
                        for the 2016, 2017, 2018, and 2019 tax years.
                        <SU>59</SU>
                        <FTREF/>
                         For those who filed their taxes and reconciled their APTC, the accumulation of any tax liability is limited to a single year. In 2022, excess liability represented 11.5 percent of total APTC payments reported on tax returns. This tax liability, if not paid by the taxpayer, will continue to be an outstanding debt to the IRS and may accrue interest and penalties. To mitigate any accumulation of liability, the longstanding FTR process had disenrolled people from APTC after giving them over 6 months to resolve their FTR status after initial notification. The current process could potentially provide up to 18 months after an initial FTR notice is received for a tax filer to comply with the requirement to file and reconcile their APTC. We no longer believe this provides reasonable protection against accumulating tax liabilities.
                    </P>
                    <FTNT>
                        <P>
                            <SU>59</SU>
                             IRS. (2024, Dec. 30). 
                            <E T="03">SOI Tax Stats—Individual Income Tax Returns Line Item Estimates (Publications 4801 and 5385).</E>
                             Dep't of Treasury. 
                            <E T="03">https://www.irs.gov/statistics/soi-tax-stats-individual-income-tax-returns-line-item-estimates-publications-4801-and-5385.</E>
                        </P>
                    </FTNT>
                    <P>Furthermore, the current policy also undermines program integrity by increasing the burden on taxpayers because, due to repayment limitations discussed previously, not all ineligible enrollees are held fully responsible for paying back unpaid liabilities. Those unpaid liabilities add to Federal APTC expenditures. We did not previously estimate the Federal cost of the current FTR process due to providing coverage and APTC continuity to enrollees who were ineligible for APTC and not liable for repaying the full excess of their APTC. We estimate up to 18.5 percent of people currently in FTR status may be ineligible for APTC based on the overall growth in the 100 to 150 percent of the FPL population of the Exchanges on the Federal platform between 2019 and 2024, if the growth is due to noncompliant agents, brokers, and web-brokers enrolling enrollees who are actually below the 100 percent FPL threshold. However, this population would also be impacted by numerous other proposals in this proposed rule as well as other actions that HHS has taken over the past year to protect the Exchanges, and we are unable to isolate the proposed impact of changing the FTR process from the other proposals included in this rule. While we previously assessed that the threat of IRS enforcement actions and penalties would mitigate improper enrollments (88 FR 25818), these data trends indicate that such consequences are insufficient to protect program integrity, and therefore, additional policy changes are necessary.</P>
                    <P>
                        These numbers highlight the importance of complying with the statutory requirement to file a tax return. As discussed previously, an enrollee's tax return provides a main basis for establishing an accurate income estimate. Not filing a tax return undermines the accuracy of the income estimate used to set the APTC amount. Moreover, sections 6011 and 6012 of the Code, as implemented under 26 CFR 1.6011-8, requires enrollees who receive APTC to file a tax return and reconcile the APTC. We do not believe the ACA allows HHS to determine an applicant whose taxpayer has failed to meet this requirement eligible for APTC. As discussed previously, when the IRS does not have tax return information to verify an applicant's income, section 1412 of the ACA requires HHS to establish alternative procedures to determine APTC when there is a change in circumstances or “in cases where the taxpayer was not required to file a return . . .”. Because the section 1412(b)(2)(B) only references cases where a tax filer was 
                        <E T="03">not required</E>
                         to file a return, we do not believe an applicant who fails to meet the requirement to file a return qualifies for this alternative process for determining APTC. Therefore, under the ACA, we believe the original regulations implementing the eligibility requirements in 2012 correctly required Exchanges to determine an applicant ineligible for APTC if they previously received APTC and failed to file a tax return (77 FR 18352 through 18353).
                    </P>
                    <P>Overall, this new analysis of the enrollment and tax filing status suggests a large number of people with FTR status are ineligible for APTC and that pausing removal of APTC due to an FTR status allows ineligible enrollees to accumulate tax liabilities. These additional liabilities create a substantial financial burden for enrollees who must repay the excess APTC and increase the Federal APTC expenditures. Moreover, we believe the ACA statute does not allow HHS to determine someone eligible for APTC if they failed to meet the requirement to file a tax return. Therefore, to align regulations with the ACA, protect people from accumulating additional Federal tax liabilities, and reduce the Federal expenditures associated with APTC expenditures for ineligible enrollees, we propose to reinstate the FTR process that requires Exchanges to determine enrollees ineligible for APTC when HHS notifies the Exchange that a taxpayer has failed to file a Federal income tax return and reconcile their past APTC for a year for which their tax data would be utilized to verify their eligibility.</P>
                    <P>We propose to implement the proposed one-year FTR process beginning with OEP 2026 in the fall of 2025. This would allow enrollees currently in a one-tax year FTR status to receive appropriate noticing informing them of the urgent need to file their Federal income tax return and reconcile APTC in order to remain eligible for APTC.</P>
                    <P>We seek comment on this proposal.</P>
                    <HD SOURCE="HD2">ii. Conforming Change to Notice Requirements</HD>
                    <P>To conform with this proposed FTR process, we also propose to revise the notice requirement at § 155.305(f)(4)(i) and remove the notice requirement at § 155.305(f)(4)(ii). When we finalized the current FTR process for PY 2025 in the 2024 Payment Notice (88 FR 25814) to require Exchanges to wait to discontinue APTC until the tax filer has failed to file a tax return and reconcile their past APTC for two-consecutive tax years, we did not impose a requirement for Exchanges to notify such enrollee during the first year that they failed to file and reconcile. We then amended § 155.305(f)(4) in the 2025 Payment Notice (89 FR 26298 through 26299) to require that all Exchanges send one of two notices to tax filers or enrollees with an FTR status for 1 year, and again in the 2026 Payment Notice (90 FR 4472 through 4473) to require that all Exchanges send one of two notices to tax filers or enrollees with an FTR status for two-consecutive tax years. Accordingly, for both an enrollee's first and second year with an FTR status, all Exchanges must now either (1) notify the tax filer directly of their FTR status and educate them of the need to file and reconcile or risk being determined ineligible for APTC if they fail to file and reconcile for a second consecutive year, or (2) send an indirect notification to either the tax filer or their enrollee that informs them they are at risk of being determined ineligible for APTC in the future. The indirect notice must do so without indicating that the tax filer has failed to file and reconcile their APTC for both the first year and the second year that they have been found not to have done so in order to protect FTI.</P>
                    <P>
                        Because we are proposing to amend § 155.305(f)(4) to require Exchanges to determine people ineligible for APTC after one tax year of FTR status rather than two consecutive tax years, the current notice requirement aimed at tax filers in a two-tax year FTR status would no longer apply. Therefore, we are proposing to revise the notice 
                        <PRTPAGE P="12962"/>
                        requirement at § 155.305(f)(4)(i) and remove the notice requirement at § 155.305(f)(4)(ii). We invite comment on this proposal.
                    </P>
                    <P>
                        To ensure tax filers and enrollees receive advanced notice of their FTR status and the risk for being determined ineligible for APTC after removing this notice requirement, we are proposing to reinstate the notice procedures that existed before we established the current FTR process for Exchanges on the Federal platform. As background, each year, these procedures would provide a series of notices 
                        <SU>60</SU>
                        <FTREF/>
                         to identified tax filers and enrollees beginning with two notices before the OEP for those tax filers or enrollees who the IRS has identified to HHS (and subsequently the Exchange) as not having filed and reconciled APTC received during a prior year. The indirect notice would be included in the Marketplace Open Enrollment Notice and would be sent to the enrollee according to the communication preference set by the household contact and would also be available in their online account and to the Exchange call center. This notice educates the enrollee on the requirements to file their Federal income taxes and reconcile their APTC. The direct notice, which would not be available online or to the Exchange call center, would be sent via U.S. mail directly to the tax filer in order to protect FTI. The direct notice would serve to unambiguously explain that the tax filer has been identified as having failed to meet the requirement to file and reconcile and must come into compliance to avoid termination of APTC. IRS data would then be checked again in December and enrollees who have not attested to filing and reconciling their APTC would lose their APTC for the next coverage year. Tax filers may have filed and reconciled, but due to IRS processing times, their application may still be flagged with an FTR status during the OEP. To address this issue, enrollees could attest to having filed and reconciled for a preceding tax year on their Exchange application. Then to confirm the enrollee's attestation, Exchanges on the Federal platform would perform another recheck of the IRS data in the new coverage year. For enrollees who are still flagged with an FTR status, we would send both an indirect FTR Recheck notice to the household contact and a direct FTR Recheck notice to the tax filer warning them a final time that they would lose eligibility for APTC, unless they complete the requirement to file and reconcile. Finally, in the spring, after a final recheck of the IRS data, Exchanges on the Federal platform would terminate APTC for households the IRS indicates have still not filed and reconciled. This process is summarized by Table 1.
                    </P>
                    <FTNT>
                        <P>
                            <SU>60</SU>
                             Notices can be found online here: 
                            <E T="03">https://www.cms.gov/marketplace/in-person-assisters/applications-forms-notices/notices.</E>
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="147">
                        <GID>EP19MR25.000</GID>
                    </GPH>
                    <P>If enrollees have attested to filing and reconciling, enrollees would be discontinued from APTC only after the IRS checks and rechecks their FTR status four times. We believe this gives ample notice to enrollees who may have been confused about the requirement to file and reconcile and provides the IRS enough time to process tax returns for enrollees who complied. We believe this procedure ensures that enrollees who are eligible for coverage continue to receive coverage. Under this proposed requirement at § 155.305(f)(4)(i)(B), State Exchanges would be responsible for administering their own notice procedure with flexibility to send either direct notices containing FTI, or indirect notices which do not contain any protected FTI, or both.</P>
                    <P>We seek further comment on whether State Exchanges should be required to align with Exchanges on the Federal platform on this consumer noticing and recheck process.</P>
                    <HD SOURCE="HD3">b. 60-Day Extension To Resolve Income Inconsistency (§ 155.315)</HD>
                    <P>We propose to remove § 155.315(f)(7) which requires Exchanges to provide an automatic 60-day extension in addition to the 90 days currently provided by § 155.315(f)(2)(ii) to allow applicants sufficient time to provide documentation to verify household income.</P>
                    <P>According to section 1411(e)(4)(A) of the ACA, part of the process to verify the accuracy of information provided on applications requires Exchanges to provide applicants an opportunity to correct an inconsistency with HHS or other trusted data sources when the inconsistency or inability to verify the information is not resolved by the Exchange. This requires Exchanges to give applicants notice of the inability to resolve the inconsistency and verify the information. Exchanges must also provide the applicant an opportunity to either present satisfactory documentary evidence or resolve the inconsistency with HHS or other trusted data sources during the 90-day period beginning on the date on which the notice is sent to the applicant. Section 1411(e)(4)(A) of the ACA also states HHS may extend the 90-day period for enrollments occurring during 2014.</P>
                    <P>
                        When we explained the legal basis for a 60-day extension in the 2024 Payment Notice (88 FR 25819), we stated the proposal aligns with current 
                        <PRTPAGE P="12963"/>
                        § 155.315(f)(3), which provides extensions to applicants beyond the existing 90 days if the applicant demonstrates that a good faith effort has been made to obtain the required documentation during the period. We noted that it is also consistent with the flexibility under section 1411(c)(4)(B) of the ACA to modify methods for verification of the information where we determined such modifications would reduce the administrative costs and burdens on the applicant. However, as discussed previously, section 1411(c)(4)(B) of the ACA specifically limits modifications on how information is exchanged and verified between HHS and trusted data sources and does not extend to other aspects of the verification process. Therefore, section 1411(c)(4)(B) of the ACA does not provide a statutory basis to modify the length of the 90-day response period.
                    </P>
                    <P>Section 1411(e)(4)(A) of the ACA also limits modifications to the 90-day response period. This language allows HHS to extend the 90-day period in 2014. This flexibility was clearly intended to accommodate any issues that might arise during the first year HHS administered eligibility determinations for premium and cost-sharing subsidies. By expressly including this specific allowance to extend the 90-day period for 2014, the language strongly suggests Congress did not intend to allow any further extensions to the 90-day period. Therefore, we do not believe § 155.315(f)(7) conforms with the statute.</P>
                    <P>
                        Based on this reading of the statute, we question whether the extension of the 90-day period when an applicant demonstrates a good faith effort to obtain documentation during the period under § 155.315(f)(3) conforms with the statute. Due to the 
                        <E T="03">ad hoc</E>
                         nature of this good faith effort extension, we believe this is likely an appropriate use of our authority. In contrast, the automatic 60-day extension, in effect, categorically suspends the 90-day period and replaces it with a 150-day period which we believe falls well outside our authority.
                    </P>
                    <P>Even if the statute allowed an automatic 60-day extension, our review of how applicants used the 60-day extension shows that the benefits we previously anticipated have not materialized. When we adopted the 60-day extension in the 2024 Payment Notice (88 FR 25819 through 25820), we determined the change would ensure consumers are treated equitably, ensure continuous coverage, and strengthen the risk pool. However, upon further review of the prior experience and the current experience using the 60-day extension, we find the 60-day extension largely does not deliver the benefits anticipated. Instead, we find the change weakened program integrity.</P>
                    <P>We previously determined that 90 days is often an insufficient amount of time for many applicants to provide income documentation, since it can require multiple documents from various household members along with an explanation of seasonal employment or self-employment, including multiple jobs. The previous review of income DMI data indicated that when consumers receive additional time, they are more likely to successfully provide documentation to verify their projected household income. Between 2018 and 2021, over one-third of consumers who resolved their DMIs on the Exchange did so in more than 90 days.</P>
                    <P>While we previously found one-third of consumers who resolve income DMIs used an extension between 2018 and 2021, our review from 2024 shows that applicants who successfully used the extension represent 55 percent of the total income DMIs. We also found that the percent of all applicants with an income DMI who used an extension represent 60 percent of total income DMIs. After implementing the 60-day extension, we did not see that the extension improved these statistics. Of those who successfully resolved their income DMI in 2024, 58 percent used the extension which is about the same as before in 2022. This suggests that, before the automatic 60-day extension, anyone who needed a 60-day extension was granted one under § 155.315(f)(3), and the automatic 60-day extension only served to keep people who were able to provide documentation within 60 days (instead of 120 days) covered for a longer period. Additionally, we estimated this increased APTC expenditures by $170 million in 2024. Therefore, we determined that the automatic 60-day extension did not provide a meaningful benefit to consumers and weakened program integrity.</P>
                    <P>We welcome comment on this topic and suggestions to alleviate this concern.</P>
                    <P>As we discussed in other aspects of this proposed rule, there are often countervailing impacts on the risk pool and program integrity from the policy decisions we make. In this case, we stated in the 2024 Payment Notice (88 FR 25820) that consumers in the 25-35 age group were most likely to lose their APTC eligibility due to an income DMI, resulting in a loss of a population that, on average, has a lower health risk, thereby negatively impacting the risk pool. Therefore, we concluded that adding the automatic 60-day extension would improve the risk pool by making it easier for younger and healthier populations to enroll.</P>
                    <P>However, we must weigh this potential positive impact on the risk pool against the substantial increase in APTC expenditures that we identified from ineligible people who stay enrolled and receive APTC for an additional 60 days. We believe the cost to taxpayers and decline in program integrity outweigh any possible benefit to the risk pool.</P>
                    <P>Providing a 60-day extension for households with income DMIs only serves to increase APTC payments and tax liabilities for ineligible enrollees during the extension. Therefore, we believe the cost of the extension outweighs the benefits. We seek comment on this proposal.</P>
                    <HD SOURCE="HD3">c. Income Verification When Data Sources Indicate Income Less Than 100 Percent of the FPL (§ 155.320(c)(3)(iii))</HD>
                    <P>
                        We propose to revise § 155.320(c)(3)(iii) to require Exchanges to generate annual household income inconsistencies in certain circumstances when a tax filer's attested projected annual household income is equal to or greater than 100 percent of the FPL and no more than 400 percent of the FPL while the income amount represented by income data returned by IRS and the SSA and current income data sources is less than 100 percent of the FPL. This change would reinstate provisions HHS finalized in the 2019 Payment Notice (83 FR 16985) but were later vacated by the United States District Court for the District of Maryland decided in 
                        <E T="03">City of Columbus, et al.</E>
                         v. 
                        <E T="03">Cochran,</E>
                         523 F. Supp. 3d 731 (D. Md. 2021). Though we believe we had a clear legal basis for finalizing the provisions in the 2019 Payment Notice, we also believe circumstances have substantially changed since the court vacated the prior rulemaking, which provide justification to reinstate the provisions. While we previously acknowledged in the 2019 Payment Notice that we did not have firm data on the number of applicants who might be inflating their income to gain APTC eligibility, we now have clear evidence from enrollment data that shows potentially millions of applicants are inflating their incomes or having applications submitted on their behalf with inflated incomes.
                        <FTREF/>
                        <SU>61</SU>
                          
                        <PRTPAGE P="12964"/>
                        Additionally, while concerns were raised in 
                        <E T="03">City of Columbus, et al.</E>
                         v. 
                        <E T="03">Cochran</E>
                         about consumers who may project a higher income than they receive due to the nature of low-wage work making it difficult to predict their annual household income, we believe enough consumers—and the agents, brokers, and web-brokers helping them apply—are intentionally inflating their incomes that justifies the creation of this income DMI type, as data shows below.
                    </P>
                    <FTNT>
                        <P>
                            <SU>61</SU>
                             Hopkins, B.; Banthin, J.; and Minicozzi, A. (2024, Dec. 19). How Did Take-Up of Marketplace Plans Vary with Price, Income, and Gender? 
                            <PRTPAGE/>
                            <E T="03">American Journal of Health Economics,</E>
                             1(11). 
                            <E T="03">https://www.journals.uchicago.edu/doi/10.1086/727785.</E>
                        </P>
                    </FTNT>
                    <P>
                        Section 155.320(c)(3)(iii) sets forth the verification process when household income attestations on applications increase from the prior tax year or are higher than trusted data sources indicate. Generally, if income data from our electronic data sources indicate a tax filer's attested projected annual household income is 
                        <E T="03">more than</E>
                         the household income amount represented by income data returned by the IRS and the SSA and current income data sources, § 155.320(c)(3)(iii) requires the Exchange to accept the attestation without further verification. Currently, Exchanges are generally not permitted to create inconsistencies for consumers when the consumers' attested household income is greater than the amount represented by income data returned by IRS and the SSA and other trusted data sources.
                    </P>
                    <P>
                        However, in the 2019 Payment Notice (83 FR 16985), we concluded that where electronic data sources reflect household income under 100 percent of the FPL and a consumer attests to household income between 100 percent of the FPL and 400 percent of the FPL and where the attested household income exceeds the income reflected in trusted data sources by more than a reasonable threshold, it would be reasonable to request additional documentation to protect against overpayment of APTC because the consumer's attested household income could make the consumer eligible for APTC when income data from electronic data sources suggest otherwise. Still today, the risk of APTC overpayments under these circumstances is especially keen because tax filers may be eligible for PTC with household income below 100 percent of the FPL if APTC was paid based on the tax filer having estimated household income of at least 100 percent of the FPL.
                        <SU>62</SU>
                        <FTREF/>
                         Barring other changes in circumstance, these tax filers will not have to repay any APTC. That taxpayers are not required to repay APTC in these situations magnifies the need for Exchanges to take additional reasonable steps to verify the household incomes of persons for whom Federal trusted data services report household income of less than 100 percent of the FPL.
                    </P>
                    <FTNT>
                        <P>
                            <SU>62</SU>
                             See 26 CFR 1.36B-2(b)(6)(i). This rule does not apply if the taxpayer, with intentional or reckless disregard for the facts, provided incorrect information to the Exchange for the year of coverage. See 26 CFR 1.36B-2(b)(6)(ii).
                        </P>
                    </FTNT>
                    <P>
                        In the 2019 Payment Notice (83 FR 16985), we concluded it would be reasonable to request additional documentation to protect against overpayment of APTC despite not having firm data on the number of applicants that might be inflating their income. We viewed this policy as a critical program integrity measure to address the findings from a U.S. Government Accountability Office (GAO) study on improper payments that determined our control activities related to the accuracy of APTC calculations were not properly designed.
                        <SU>63</SU>
                        <FTREF/>
                         Specifically, this study found that “CMS does not check for potentially overstated income amounts, despite the risk that individuals may do so in order to qualify for advance PTC.” 
                        <SU>64</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>63</SU>
                             U.S. Government Accountability Office (2017, July). 
                            <E T="03">Improper Payments: Improvements Needed in CMS and IRS Controls over Health Insurance Premium Tax Credit.</E>
                             P. 36. 
                            <E T="03">https://www.gao.gov/assets/d17467.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>64</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <P>
                        Based on this finding, the GAO recommended that HHS direct the CMS Administrator to take the following action: “Design and implement procedures for verifying with IRS (1) household incomes, when attested income amounts significantly exceed income amounts reported by IRS or other third-party sources, and (2) family sizes.” To support this recommendation, the GAO cited its own testing of 93 applications which found 11 applications for individuals residing in States that did not expand Medicaid where IRS data provided to CMS during application review indicated incomes less than 100 percent of the FPL.
                        <SU>65</SU>
                        <FTREF/>
                         After citing these GAO findings and recommendations, we concluded in the 2019 Payment Notice (83 FR 16986) that, particularly to the extent funds paid for APTC cannot be recouped through the tax reconciliation process, it is important to ensure these funds are not paid out inappropriately in the first instance.
                    </P>
                    <FTNT>
                        <P>
                            <SU>65</SU>
                             Ibid. at 37.
                        </P>
                    </FTNT>
                    <P>
                        Though we cited evidence from the GAO study in the 2019 Payment Notice (83 FR 16986), the United States District Court for the District of Maryland in 
                        <E T="03">City of Columbus, et al.</E>
                         v. 
                        <E T="03">Cochran</E>
                         stated that HHS “failed to point to any actual or anecdotal evidence indicating fraud in the record.” 
                        <SU>66</SU>
                        <FTREF/>
                         The court went on to conclude that “HHS's decision to prioritize a hypothetical risk of fraud over the substantiated risk that its decision result in immense administrative burdens at best, and a loss of coverage for eligible individuals at worst, defies logic.” We believe the court overlooked the GAO recommendation in the rulemaking record which provided a clear legal basis for finalizing the rule in the 2019 Payment Notice.
                    </P>
                    <FTNT>
                        <P>
                            <SU>66</SU>
                             523 F. Supp. 3d 731, 762 (D. Md. 2021).
                        </P>
                    </FTNT>
                    <P>
                        After the court vacated our income verification requirements, we reviewed data from the time period before the original income verification requirement was implemented from a recent research study, and believe that there is data to support that applicants inflated their income. A recent study analyzing CMS enrollment data for the 39 States that used 
                        <E T="03">HealthCare.gov</E>
                         between 2015 and 2017 found that many people with household incomes too low to qualify for APTC in States that did not expand Medicaid have a strong incentive to attest to income just above the eligibility threshold to obtain APTC.
                        <SU>67</SU>
                        <FTREF/>
                         While the data in the study predates the 2019 Payment Notice (83 FR 16986), the study was published in 2024, and identifies vulnerabilities that still exist today following the court's vacatur of the income verification requirement. The study's authors found far higher numbers of enrollees who reported household income just above the income threshold in non-Medicaid expansion States versus Medicaid expansion States. We believe this data is a strong indicator that increased enrollment volume since 2021 has exacerbated the vulnerabilities the study identified as existing between 2015 and 2017.
                    </P>
                    <FTNT>
                        <P>
                            <SU>67</SU>
                             Hopkins, B.; Banthin, J.; and Minicozzi, A. (2024, Dec. 19). How Did Take-Up of Marketplace Plans Vary with Price, Income, and Gender? 
                            <E T="03">American Journal of Health Economics, 1</E>
                             (11). 
                            <E T="03">https://www.journals.uchicago.edu/doi/10.1086/727785.</E>
                        </P>
                    </FTNT>
                    <P>
                        In addition, the study identified that enrollees attested to very precise household incomes that suggested they were aware of the income thresholds to gain eligibility for APTC.
                        <SU>68</SU>
                        <FTREF/>
                         This finding is consistent with applicants who did not provide their best household income estimate but instead provided an estimate to maximize the premium and CSR subsidies they receive or were assisted in their applications by entities who were aware of these thresholds and who could profit from their enrollment. This leads us to believe that while some 
                        <PRTPAGE P="12965"/>
                        consumers may have difficulty estimating their annual household income due to the uncertainty present in low wage work, many consumers are intentionally inflating their incomes. The study's authors then compared actual enrollment on 
                        <E T="03">HealthCare.gov</E>
                         for enrollees who reported household income just above the eligibility threshold from $11,760 to $12,500 to estimated potential enrollment from Census surveys and found actual enrollment was 136 percent higher than the total population of potential enrollments.
                        <SU>69</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>68</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>69</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <P>
                        A more recent analysis of 2024 open enrollment data shows plan selections on 
                        <E T="03">HealthCare.gov</E>
                         among people ages 19-64 who reported household income between 100 percent and 150 percent of the FPL in non-Medicaid expansion States were 70 percent higher than potential enrollments estimated from Census data at that same income level.
                        <SU>70</SU>
                        <FTREF/>
                         Based on this mismatch between enrollment and the eligible population, this study estimates four to five million people improperly enrolled in QHP coverage with APTC in 2024 at a cost of $15 to $20 billion.
                        <SU>71</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>70</SU>
                             Blase, B.; Gonshorowski, D. (2024, June). 
                            <E T="03">The Great Obamacare Enrollment Fraud.</E>
                             Paragon Health Institute. 
                            <E T="03">https://paragoninstitute.org/private-health/the-great-obamacare-enrollment-fraud.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>71</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <P>As illustrated in Table 2, Federal tax return data also show a substantial increase in the percent of returns with APTC that report excess APTC at lower household income levels between 2019 and 2022. Returns with household incomes above $15,000—just higher than the income eligibility threshold for PTC—report largely consistent levels of excess APTC returns as a percent of all APTC returns between 2019 and 2022. However, this percentage jumped for all reported incomes below $15,000. This suggests a substantial increase in people who earn less than the eligibility threshold for PTC who incorrectly report higher incomes and then qualify for APTC.</P>
                    <GPH SPAN="3" DEEP="281">
                        <GID>EP19MR25.001</GID>
                    </GPH>
                    <P>
                        These data provide substantial evidence that applicants with household incomes below the APTC income eligibility threshold are strategically inflating their household incomes—or, based on evidence described elsewhere in this rule, are getting assistance from agents, brokers, or web-brokers who have a financial incentive to misstate enrollee income to secure commissions from enrollments of consumers who, absent financial assistance, would not enroll—when they apply for APTC.
                        <SU>72</SU>
                        <FTREF/>
                         Moreover, we believe the scale of actual enrollments in excess of potential enrollments eligible for financial assistance in certain States suggests evidence of improper enrollments, some by agents and brokers.
                        <SU>73</SU>
                        <FTREF/>
                         In these cases, enrollees may not even know they are enrolled, and agents, brokers, and web-brokers strategically enroll them at income levels just above the income eligibility threshold so they qualify for fully subsidized plans. Enrollees never need to pay a premium which would otherwise alert the enrollee to the improper enrollment.
                        <SU>74</SU>
                        <FTREF/>
                         Therefore, to strengthen program integrity and reduce 
                        <PRTPAGE P="12966"/>
                        the burden of APTC expenditures on taxpayers, we propose to require all Exchanges to generate annual household income inconsistencies in certain circumstances when applicants report a household income that is 
                        <E T="03">greater than</E>
                         the income amount represented by income data returned by the IRS and the SSA and current income data sources.
                    </P>
                    <FTNT>
                        <P>
                            <SU>72</SU>
                             Blase, B; Kalisz, G. (2024, August). 
                            <E T="03">Unpacking The Great Obamacare Enrollment Fraud.</E>
                             Paragon Health Institute. 
                            <E T="03">https://paragoninstitute.org/private-health/unpacking-the-great-obamacare-enrollment-fraud/.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>73</SU>
                             See ibid.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>74</SU>
                             For example, from January 2024 through August 2024, CMS received 183,553 complaints that consumers were enrolled in coverage through an Exchange on the Federal platform without their consent (also known as an “unauthorized enrollment”). Additionally, from June 2024 through October 2024, CMS suspended 850 agents and brokers' Marketplace Agreements for reasonable suspicion of fraudulent or abusive conduct related to unauthorized enrollments or unauthorized plan switches. CMS (2024, October). 
                            <E T="03">CMS Update on Action to Prevent Unauthorized Agent and Broker Marketplace Activity. https://www.cms.gov/newsroom/press-releases/cms-update-actions-prevent-unauthorized-agent-and-broker-marketplace-activity</E>
                            .
                        </P>
                    </FTNT>
                    <P>Section 155.320(c)(3)(iii)(A) generally requires the Exchange to accept a consumer's attestation to projected annual household income when the attestation reflects a higher household income than what is indicated in data from the IRS and SSA. This approach makes sense from a program integrity perspective when both the attestation and data from trusted data sources are over 100 percent of the FPL, since an attestation that is higher than data from trusted data sources in that situation would reflect a lower APTC than would be provided if the information from trusted data were used instead. However, where electronic data sources reflect income under 100 percent of the FPL, a consumer attests to household income between 100 percent of the FPL and 400 percent of the FPL, and the attested household income exceeds the income reflected in trusted data sources by more than some reasonable threshold, we believe it would be reasonable, prudent, and even necessary in light of the program integrity weaknesses just outlined to request additional documentation, since the consumer's attested household income could make the consumer eligible for APTC that would not be available using income data from electronic data sources. In cases where a consumer receives this DMI, but they do legitimately have annual household income above 100 percent of the FPL, we believe that the existing DMI process and corresponding time frame provides them plenty of time and opportunities to confirm their annual household income with minimal burden.</P>
                    <P>As discussed previously, sections 1411 through 1414 of the ACA establish the framework for verifying and determining income eligibility for APTC and CSR subsidies. Requiring further documentation for verification when there is an income inconsistency between the household income provided on the application and the income indicated by the IRS and other data sources fits squarely within this statutory framework. The statute compels HHS to, at a minimum, submit the income information provided by applicants to the IRS for verification without exception. Without additional documentation or other supporting evidence, HHS would generally be compelled by statute to deny eligibility for APTC and CSR subsidies based on the inconsistency with IRS data. Importantly, this statutory framework does not include a specific exception for income inconsistencies when IRS data indicate income is below the APTC eligibility threshold and income information provided on applications estimates a higher income above the APTC eligibility threshold, and the household income attestation is lower than income information from data sources by more than the acceptable reasonable threshold. When the IRS cannot verify an applicant's income, the statute requires HHS to take additional steps to verify income, thus providing HHS clear discretion to use additional trusted data sources. To support these verifications, section 1413 of the ACA further requires HHS to establish data matching arrangements to verify eligibility through reliable, third-party data sources. However, HHS has discretion to not require the use of the data matching program if its administrative and other costs outweigh its expected gains in accuracy, efficiency, and program participation, such as when an applicant reports higher household income than reported by trusted data sources and both household income amounts are above 100 percent of the FPL, illustrating no financial incentive for inflating household income. In addition to the program integrity weaknesses discussed previously, we believe this statutory framework compels HHS to request additional documentation when applicants attest to household income above 100 percent of the FPL, but trusted data sources show income below 100 percent of the FPL. We request comments on whether adding these additional data matching issue requirements will outweigh its expected gains as described above.</P>
                    <P>
                        Accordingly, we propose to modify § 155.320(c)(3)(iii)(D) and (c)(3)(vi)(C)(2) to specify that the Exchange would follow the procedures in § 155.315(f)(1) through (4) to create an annual income data matching DMI for consumers if: (1) The consumer attested to projected annual household income between 100 percent and 400 percent of the FPL; (2) the Exchange has data from IRS and SSA that indicates household income is below 100 percent of the FPL; (3) the Exchange has not assessed or determined the consumer to have income within the Medicaid or CHIP eligibility standard; and (4) the consumer's attested projected annual household income exceeds the income reflected in the data available from electronic data sources by a reasonable threshold established by the Exchange and approved by HHS. We propose that a reasonable threshold must not be less than 10 percent and can also include a threshold dollar amount.
                        <SU>75</SU>
                        <FTREF/>
                         We welcome comments on this proposed reasonable threshold, especially comments that furnish data that could help us ensure that it is properly calibrated to maximize program integrity while minimizing unnecessary administrative burden. Additionally, this requirement would not apply if an applicant is a non-citizen who is lawfully present and ineligible for Medicaid by reason of immigration status. In accordance with the existing process in § 155.315(f)(1) through (4), if the applicant fails to provide documentation verifying their household income attestation, the Exchange would redetermine the applicant's eligibility for APTC and CSRs based on available IRS data, which under this proposal would typically result in discontinuing APTC and CSR as required in § 155.320(c)(3)(vi)(G). The adjustment and notification process would work like other inconsistency adjustments laid out in § 155.320(c)(3)(vi)(F). We are also proposing to modify § 155.320(c)(3)(iii)(A) to add a cross-reference to paragraph § 155.320(c)(3)(iii)(D).
                    </P>
                    <FTNT>
                        <P>
                            <SU>75</SU>
                             This 10 percent threshold aligns with Annual Income Threshold Adjustment FAQ guidance which was published on 10/22/21 here: 
                            <E T="03">https://www.cms.gov/cciio/resources/regulations-and-guidance/income-threshold-faq.pdf</E>
                            .
                        </P>
                    </FTNT>
                    <P>We estimate that answering verification questions and submitting supporting documents would take consumers approximately 1 hour. We believe such a burden is minimal and is significantly outweighed by the benefit of APTCs for those individuals found to be eligible for them as well as the benefits of reducing improper enrollment. Additionally, even if consumers end up needing longer than the 1-hour estimation due to difficulty in obtaining documentation that may be present, we believe that the 90-day period given to resolve this DMI gives them enough time, and if a consumer ends up needing more time, they are able to request an extension in certain circumstances.</P>
                    <P>
                        Finally, the statute compels HHS to verify household incomes with the IRS data and directs HHS and Exchanges to take further steps to verify income if the applicant's estimated household income is inconsistent with the IRS data. While HHS does have some discretion to use other third-party data sources for verification, we believe the critical program integrity benefits to Federal 
                        <PRTPAGE P="12967"/>
                        taxpayers from limiting opportunities for people to inflate their income to qualify for APTC substantially exceeds the potential burden on some applicants. We also believe this proposal would also help limit tax filers' potential liability at tax reconciliation to repay excess APTC.
                    </P>
                    <P>We seek comment on this proposal.</P>
                    <HD SOURCE="HD2">d. Income Verification When Tax Data Is Unavailable (§ 155.320(c)(5))</HD>
                    <P>We propose to remove § 155.320(c)(5), which requires Exchanges to accept an applicant's or enrollee's self-attestation of projected annual household income when the Exchange requests tax return data from the IRS to verify attested projected annual household income, but the IRS confirms there is no such tax return data available. This requirement currently operates as an exception to the requirement to verify household income with other trusted data sources under § 155.320(c)(1)(ii) and the alternative verification process under § 155.320(c)(3)(vi). These provisions generally require that, in the event the IRS and other trusted data sources cannot resolve a DMI, applicants must submit documentary evidence or otherwise resolve the DMI with the inconsistent information source. Therefore, by removing this exception, this proposal would require Exchanges to verify household income with other trusted data sources when tax return data is unavailable and follow the full alternative verification process.</P>
                    <P>As we detailed previously in this preamble, there is a growing body of evidence that shows a substantial number of improper enrollments on the Exchanges. Some agents, brokers, and web-brokers and applicants are taking advantage of weaknesses in the Exchanges' eligibility framework to enroll consumers in coverage with APTC subsidies without their knowledge and when consumers are not eligible. We believe the recent change in the 2024 Payment Notice (88 FR 25818 through 25820) to allow applicants to self-attest to income when IRS data is unavailable played a key role in weakening the Exchange eligibility system.</P>
                    <P>We made the change to accept attestation when HHS successfully contacted the IRS but IRS data was unavailable because we believed that the standard alternative verification process was overly punitive to consumers and burdensome to Exchanges when IRS data is unavailable. To explain the punishing aspects of the prior alternative verification process, we itemized the legitimate reasons for a tax return to be unavailable aside from a consumer's failure to file a tax return, including tax household composition changes (such as birth, marriage, and divorce), name changes, or other demographic updates or mismatches. We then concluded the consequence of receiving an income DMI and being unable to provide sufficient documentation to verify projected household income outweighs program integrity risks as, under § 155.320(c)(3)(vi)(G), consumers are determined completely ineligible for APTC and CSRs.</P>
                    <P>After revisiting this issue, we no longer believe the prior alternative verification process was overly punitive. Our use of the term punitive to characterize the process improperly suggests the process involved a punishment when the process solely involved establishing eligibility to receive a government benefit and did not involve a judgment to mete out consequences for bad behavior. Instead, the process focused on ensuring that applicants are eligible for APTC to both protect against making improper payments and to protect the applicant from accumulating unnecessary tax liabilities. As we reassess the current verification process, we note that the existence of legitimate reasons for tax return data to be unavailable does not diminish the need to have an accurate estimate of income. As discussed previously, an accurate household income estimate is a critical program integrity element of the ACA's framework for verifying and determining eligibility for APTC.</P>
                    <P>In making our reassessment, we investigated the difficulty of providing documentation to verify household income and believe eligible applicants can meet the requirement with relative ease. People with legitimate reasons for not having tax data available like marriage, the birth of child, name changes, and other demographic updates would have the opportunity to be verified through other trusted data sources. However, if other trusted data sources cannot verify the household income and applicants must provide documentation, we previously estimated (88 FR 25893) that consumers would take 1 hour to submit documentation on average. We welcome comments on the accuracy of this estimate of administrative burden. We believe eligible applicants would likely have documentation to verify their household income as readily available to them as the standard tax filer without an income DMI.</P>
                    <P>For these people, prior to the implementation of the 2024 Payment Notice, we found that half of all resolved income DMIs generated when IRS income data was unavailable were resolved within 90 days. Therefore, to the extent applicants failed to resolve their income DMI, we believe this largely reflects how the prior process successfully stopped ineligible people from enrolling.</P>
                    <P>Regarding the burden on Exchanges, we previously estimated the administrative task under the prior policy accounts for approximately 300,000 hours of labor annually on the Federal platform. We concluded this was proportionally mirrored by State Exchanges, which may also access approved State specific data sources to verify income data. We expect APTC subsidized enrollment to be lower in the coming years.</P>
                    <P>Considering the amount of improper enrollments under the current policy, we believe this administrative burden of requiring people with an income DMI due to unavailable IRS data to provide documentation to verify income is more than offset by the program integrity benefits.</P>
                    <P>In addition to the policy concerns mentioned above, we now believe this policy violates statutory requirements for verifying income under section 1411(d) of the ACA and addressing income inconsistencies under section 1411(e)(4)(A) of the ACA. We previously stated that the requirements for Exchanges under § 155.320(c)(5) complied with section 1411(c)(4)(B) of the ACA and section 1412(b)(2) of the ACA. We address our reinterpretation of these statutes below.</P>
                    <P>This policy violates the express requirements of section 1411(e)(4)(A) of the ACA, which establishes a two-step process to address income inconsistencies. First, Exchanges must make a reasonable effort to identify and address the causes of income inconsistencies, including through typographical or other clerical errors, by contacting the applicant to confirm the accuracy of the information, and by taking such additional actions as the Secretary of HHS (the Secretary), through regulation or other guidance, may identify. Second, if step one does not resolve the inconsistency, the Exchange must notify the applicant of such fact and provide the applicant an opportunity to present documentary evidence or resolve the inconsistency with the source of the DMI during the 90-day period after the notice is sent.</P>
                    <P>
                        We implemented the requirements of section 1411(e)(4)(A) of the ACA at § 155.315(f)(1) through (4). When tax return data and other trusted data sources are unavailable, § 155.320(c)(3)(vi) directs Exchanges to 
                        <PRTPAGE P="12968"/>
                        follow this process. There is no statutory exception to this process. Nonetheless, § 155.320(c)(5) requires Exchanges to accept attestation without further verification when tax return data is unavailable, which restricts Exchanges from following the statutorily required process established under § 155.315(f)(1) through (4). We believe restricting Exchanges from using the process under § 155.315(f)(1) through (4) violates section 1411(e)(4)(A) of the ACA.
                    </P>
                    <P>We also believe our previous statutory justifications for the current policy were mistaken. Previously, we stated the policy was consistent with two statutory provisions: the flexibility under section 1411(c)(4)(B) of the ACA to modify methods for verification of the information where we determine such modifications will reduce the administrative costs and burdens on the applicant and section 1412(b)(2) of the ACA, which allows the Exchange to utilize alternate verification procedures. After reviewing the statute, we no longer believe the current policy is consistent with either of these statutory provisions.</P>
                    <P>
                        Regarding section 1411(c)(4)(B) of the ACA, this provision gives HHS the authority to modify the methods used for the exchange and verification of information. While we previously suggested this provision gave HHS broad flexibility to modify any aspect of the verification process under section 1411 of the ACA, we believe Congress would have made a clearer statement if the intent were to grant such broad flexibility. Rather, section 1411(c)(4)(B) provides flexibility to “
                        <E T="03">modify the methods</E>
                         used under the program established by this section 
                        <E T="03">for the Exchange and verification of information,”</E>
                         (emphasis added) which, based on the language and the surrounding context, suggests the flexibility relates only to the methods used to exchange and verify information between HHS and trusted data sources.
                    </P>
                    <P>
                        Looking closer at the statutory language, a footnote included in the statute as published by the U.S. Government Publishing Office explains how the word Exchange in the text “[p]robably should not be capitalized.” 
                        <SU>76</SU>
                        <FTREF/>
                         We believe this is the correct reading, which then strongly suggests Congress intended to limit modifications to how information is exchanged and verified between HHS and trusted data sources. The use of the term “modify” supports this more limited reading. As the U.S. Supreme Court has explained, the word modify means “to change moderately or in minor fashion” 
                        <SU>77</SU>
                        <FTREF/>
                         and “connotes moderate change.” 
                        <SU>78</SU>
                        <FTREF/>
                         Reading section 1411(c)(4)(B) of the ACA to allow HHS to suspend the verification process entirely under certain circumstances, as § 155.320(c)(5) permits, would allow a more dramatic change to the verification process than the term “modify” permits. This more modest reading is supported by how section 1411 of the ACA appends this flexibility at the end of paragraph (c) which addresses the verification of information contained in records of specific Federal officials, including HHS under paragraph (d). Placing the flexibility here strongly suggests this flexibility is directly tied to the exchange and verification of information from the IRS, DHS, SSA, and other sources HHS relies on under paragraph (d). This reading is further strengthened by the statute's addition of a specific example of the flexibility envisioned which focuses on modifying how the IRS can provide income information under section 1411(c)(3) of the ACA.
                        <SU>79</SU>
                        <FTREF/>
                         Because the flexibility under section 1411(c)(4)(B) of the ACA is limited to modifications to how information is exchanged and verified between HHS and trusted data sources, this flexibility does not extend to other aspects of the verification process. In addition, it does not provide flexibility to create exceptions to the requirement to verify the accuracy of information.
                    </P>
                    <FTNT>
                        <P>
                            <SU>76</SU>
                             Note 2 at 42 U.S.C. 18081(c)(4)(B). 
                            <E T="03">https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap157-subchapIV-partB-sec18081.htm#18081_2_target.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>77</SU>
                             
                            <E T="03">Biden</E>
                             v. 
                            <E T="03">Nebraska,</E>
                             600 U.S. 477, 494 (2023).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>78</SU>
                             
                            <E T="03">MCI Telecommunications</E>
                             v. 
                            <E T="03">AT&amp;T,</E>
                             512 U.S. 218 (1994) (holding the Federal Communications Commission's decision to make tariff filing optional for all nondominant long-distance carriers is not a valid exercise of its authority to “modify any requirement” of 47 U.S.C. 203).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>79</SU>
                             Presumption of Nonexclusive `Include' ”:587 “[T]he term `including' is not one of all-embracing definition, but connotes simply an illustrative application of the general principle.”
                        </P>
                    </FTNT>
                    <P>Similarly, the flexibility to utilize alternative verification procedures under section 1412(b)(2) of the ACA when tax return information is not available does not change or allow exceptions to the basic requirement to verify the accuracy of the income information. We previously stated the language in section 1412(b)(2) of the ACA included permissive language that allowed the Exchange to utilize alternative verification processes when an applicant was not required to file a tax return. However, section 1412(b)(2) of ACA is not permissive and does not directly reference the alternative verification process. Rather, this provision mandates HHS to provide procedures for making advance determinations of income eligibility for premium and cost-sharing subsidies on the basis of information other than income information from the most recent tax year for which the IRS has information in cases where the application demonstrates substantial changes in income, including cases where an applicant was not required to file a tax return. This advanced determination program is coordinated with the income eligibility determination and verification program in section 1411 of the ACA. To comply with the application requirements to determine eligibility for premium and cost sharing subsidies under section 1411(b)(3)(C) of the ACA, applicants must report any additional information required for advance determination under section 1412(b)(2) of the ACA. As such, section 1412(b)(2) of the ACA adds to the requirements of section 1411 of the ACA and does not provide any additional flexibility to HHS.</P>
                    <P>Importantly, section 1412(b)(2) of the ACA puts HHS in charge of establishing the procedures for determining APTC when there is a change in circumstances or no tax return information. This makes sense considering IRS data is limited to the taxes previously filed which clearly does not help when there is no tax filing. Verifying any change in circumstance beyond the deviation from previous tax filings also requires access to additional income information sources. Therefore, the ACA makes HHS responsible for verifying information not verified by other Federal agencies and establishing the data matching program under section 1413 of the ACA. The eligibility verification and determination framework established under sections 1411 through 1414 of the ACA clearly envisions HHS building out a robust process for verifying and determining eligibility for APTC. Under this framework, we do not believe section 1412(b)(2) of the ACA can be read to permit blanket exceptions across this framework.</P>
                    <P>Because sections 1411(c)(4)(B) and 1412(b)(2) of the ACA do not provide HHS with flexibility to change the overall framework for verifying and determining eligibility for APTC, we do not believe the statute authorizes HHS to provide exceptions to the statutory process for resolving income inconsistencies with trusted data sources.</P>
                    <P>Therefore, to strengthen the program integrity of the eligibility determination process for APTC, we propose to remove § 155.320(c)(5).</P>
                    <P>
                        We seek comment on this proposal.
                        <PRTPAGE P="12969"/>
                    </P>
                    <HD SOURCE="HD3">4. Annual Eligibility Redetermination (§ 155.335)</HD>
                    <P>We propose an amendment to the annual eligibility redetermination regulation by adding § 155.335(a)(3) and (n) to prevent enrollees from being automatically re-enrolled in coverage with APTC that fully covers their premium without taking an action to confirm their eligibility information. Specifically, we propose under our authority in section 1411(f)(1)(B) of the ACA, which directs the Secretary to establish procedures by which the Secretary redetermines eligibility on a periodic basis, to require at § 155.335(a)(3) and (n) that when an enrollee does not submit an application for an updated eligibility determination on or before the last day to select a plan for January 1 coverage, in accordance with the effective dates specified in § 155.410(f) and 155.420(b), as applicable, and the enrollee's portion of the premium for the entire policy would be zero dollars after application of APTC through the Exchange's annual redetermination process (hereafter “fully subsidized enrollees” for purposes of this section), all Exchanges must decrease the amount of the APTC applied to the policy such that the remaining monthly premium owed by the enrollee for the entire policy equals $5 for the first month and for every following month that the enrollee does not confirm or update the eligibility determination. Consistent with §§ 155.310(c) and (f), enrollees automatically re-enrolled with a $5 monthly premium after APTC under this policy would be able to submit an application at any point to confirm eligibility for APTC that covers the entire monthly premium, and re-confirm their plan to thereby reinstate the full amount of APTC for which the enrollee is eligible on a prospective basis.</P>
                    <P>We propose at new § 155.335(n)(1) that the FFEs and the SBE-FPs must implement this change starting with annual redeterminations for benefit year 2026. We propose at new § 155.335(n)(2) that the State Exchanges must implement it starting with annual redeterminations for benefit year 2027.</P>
                    <P>We recognize that $5 may not provide a meaningful enough incentive for individuals to re-confirm their income and plan and, as such, seek comment on other options available to us to ensure program integrity in re-enrollments. As discussed in the preamble, we are increasingly concerned about the level of improper enrollments in QHPs and believe that automatic re-enrollment of consumers into zero premium plans poses a significant risk to continuing high levels of improper payments of the APTC. We seek comment on the appropriate dollar amount individuals could be required to pay under the proposed policy such that they would be meaningfully incentivized to re-confirm their income and desired plan after being automatically re-enrolled. We also seek comment on whether any APTC payments should be made on behalf of individuals with fully subsidized plans who have been automatically re-enrolled without confirming their plan and income consistent with the limitation on annual redeterminations when an Exchange does not have authorization to obtain tax data as part of the redetermination process. Additionally, we seek comment on if the program integrity concerns with automatic re-enrollments outweigh any potential benefit of allowing exchanges to automatically re-enroll consumers without the consumer taking any action to affirmatively consent to continuing coverage for the following plan year.</P>
                    <P>
                        Previously in this preamble, we discussed the dramatic increase in the number of improper enrollments in QHPs with APTC through the FFEs and SBE-FPs. Among the most concerning problems are situations where an agent, broker, or web-broker improperly enrolls a consumer in a fully subsidized QHP without their knowledge. Because these enrollees do not receive a monthly premium bill requiring action on their part, they may not be aware they are enrolled. This lack of awareness allows agents, brokers, and web-brokers to continue earning monthly commission payments from issuers for these enrollments. Improper enrollments presents the most concerning situation, but the availability of fully subsidized QHPs that require no action on the part of enrollees also leads to situations where enrollees inadvertently and improperly remain enrolled after obtaining other coverage. As a result of either of these scenarios, the enrollee is at risk of accumulating surprise tax liabilities and the financial stress of resolving these liabilities. Ultimately, the financial cost of consumers unknowingly or inadvertently remaining enrolled in fully subsidized QHPs would fall almost entirely on the Federal Government as Federal law limits repayments of the premium tax credit for certain consumers,
                        <SU>80</SU>
                        <FTREF/>
                         and the Federal Government only recoups APTC payments from issuers for enrollments that are cancelled after a consumer or other third party, such as an issuer, discovers an improper enrollment and reports it to the Exchanges.
                    </P>
                    <FTNT>
                        <P>
                            <SU>80</SU>
                             Section 1401 of the ACA; Sec. 36B(f)(2)(B) of the Code.
                        </P>
                    </FTNT>
                    <P>
                        The expansion of tax credits under the American Rescue Plan of 2021 (ARP) 
                        <SU>81</SU>
                        <FTREF/>
                         and Inflation Reduction Act of 2022 (IRA),
                        <SU>82</SU>
                        <FTREF/>
                         significantly increased the number of enrollees who initially enrolled in a fully subsidized QHP. As a result, this significantly increased the number of enrollees who remained enrolled in fully subsidized QHPs through the automatic re-enrollment process. For the Exchanges on the Federal platform, 2.68 million enrollees were automatically re-enrolled for benefit year 2025 with APTC that fully covered their premium, compared to 270,000 for benefit year 2019 (84 FR 229). The enhanced tax credits are set to expire at the end of benefit year 2025, which means there will be fewer enrollees who initially enroll in a fully subsidized QHP and fewer enrollees who remain enrolled in fully subsidized QHPs through the automatic re-enrollment process. However, fully subsidized QHPs became available before enhanced tax credits were passed into law and will continue to be available to some consumers after the expiration of the enhanced tax credits. As discussed earlier in preamble, in 2018, issuers began increasing silver plan premiums to compensate for the cost of offering CSRs. In 2020, 900,000 consumers were enrolled in fully subsidized bronze plans (89 FR 26321). Additionally, in 2020, 77 percent of the consumer population with household incomes at or below 150 percent of the FPL had access to a fully subsidized bronze plan with 16 percent of the same population having access to a fully subsidized silver plan in addition to the fully subsidized bronze plan (89 FR 26321).
                    </P>
                    <FTNT>
                        <P>
                            <SU>81</SU>
                             Public Law 117-2.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>82</SU>
                             Public Law 117-169.
                        </P>
                    </FTNT>
                    <P>
                        We believe the expanded availability of fully subsidized QHPs due to silver loading creates a need for more active engagement during the annual redetermination and re-enrollment process by enrollees who do not pay monthly premiums in order to ensure the coverage is authorized and desired by the enrollee. To address this issue, we believe it is important to require enrollees who are redetermined to be eligible for APTC that fully subsidizes their premium to take an active step to confirm their eligibility information before continuing with fully subsidized coverage. We believe that the changes proposed here are critical to reduce the financial impact to consumers and to the Federal Government of the 
                        <PRTPAGE P="12970"/>
                        substantial increase in people who are improperly enrolled without their knowledge by an agent, broker, or web-broker on the FFEs and SBE-FPs and are then automatically re-enrolled, also without their consent; or who intentionally enrolled through any Exchange but then did not update their eligibility prior to re-enrollment and so have an incorrect amount of APTC paid on their behalf. We believe the current annual redetermination process puts fully subsidized enrollees at risk of accumulating surprise tax liabilities and increases the cost of PTC to the Federal Government because the law limits how much of the excess APTC they are required to repay.
                        <SU>83</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>83</SU>
                             Section 1401 of the ACA; Sec. 36B(f)(2)(B) of the Code.
                        </P>
                    </FTNT>
                    <P>In the 2021 Payment Notice proposed rule (85 FR 7088), we sought comment on a proposal to modify the automatic re-enrollment process such that any enrollee who would be automatically re-enrolled with APTC that would cover the enrollee's entire premium would instead be automatically re-enrolled without APTC. This would ensure that any enrollee in this situation would need to return to the Exchange and obtain an updated eligibility determination prior to having any APTC paid on the consumer's behalf for the upcoming benefit year. We also requested comments on a variation on this approach, in which APTC for this population would be reduced to a level that would result in an enrollee premium that is greater than zero dollars but not eliminated entirely. Both approaches elicit, to varying degrees, a consumer's active involvement in re-enrollment because any enrollment in a plan with an enrollee premium that is greater than zero would require the enrollee to take an action by making a premium payment to maintain coverage or else face eventual termination of coverage for non-payment.</P>
                    <P>All but one commenter opposed modifying the automatic re-enrollment process in these ways. Many believed that adopting the proposed changes could disadvantage the lowest income group of Exchange enrollees by taking away financial assistance for which they are eligible without evidence that they are at greater risk of incurring overpayments of APTC. Some commenters were specifically opposed to any requirement that State Exchanges modify their automatic re-enrollment processes because it would require costly IT system reconfigurations, consumer noticing changes, and additional investments to support increased Exchange customer service capacity that would be necessary to address consumer confusion caused by the change.</P>
                    <P>Most commenters supported the current automatic re-enrollment process, citing benefits such as the stabilization of the risk pool due to the retention of lower risk enrollees who are least likely to actively re-enroll, the increased efficiencies and reduced administrative costs for issuers, the reduction of the numbers of uninsured, lower premiums, and promotion of continuity of coverage. Many commenters also believed that existing processes, including annual eligibility redetermination, periodic data matching, and APTC reconciliation, sufficiently safeguard against potential eligibility errors and increased Federal spending. As a result, we did not finalize any changes to the automatic re-enrollment process in the 2021 Payment Notice (85 FR 29164), citing our belief that existing safeguards against APTC overpayments were sufficient.</P>
                    <P>Given the heightened urgency of program integrity concerns with APTC and automatic re-enrollments, as previously outlined, we seek comment on these proposals once again. We also consider whether other methods—such as outreach—could sufficiently prompt fully subsidized enrollees to update or confirm their eligibility information and actively re-enroll in coverage. Current outreach methods for the FFEs and SBE-FPs, such as notices, emails, texts, and advertising, before and during the open enrollment period are extensive and already successfully prompt most enrollees to actively confirm or update their information and actively select a plan. Most enrollees on the FFEs and the SBE-FPs actively re-enroll by the applicable deadlines for January 1 coverage. Based on our experience operating the Exchanges on the Federal platform, we do not believe additional or different notifications would prompt action from fully subsidized enrollees who choose not to submit an application for an updated eligibility determination and actively re-enroll. However, we seek comment on this idea.</P>
                    <P>Instead, we believe that it is necessary to prompt an affirmative action by enrollees who would otherwise be fully subsidized through the automatic re-enrollment process, whether such action be through a premium payment or re-confirming their plan choice altogether. We are again considering whether to automatically re-enroll these enrollees without any APTC, which would require them to return to the Exchange and obtain an updated eligibility determination prior to having any APTC paid on their behalf for the upcoming year, or else be charged for the full-price premium during automatic re-enrollment. As described in this proposed rule, we propose to permit issuers to attribute past-due premium amounts they are owed to the initial premium the enrollee pays to effectuate new coverage. Removing all APTC during automatic re-enrollment for fully subsidized enrollees is likely to create a significant debt to the issuer, since the enrollee is unlikely to be able to pay the full gross premium, which would harm the enrollee financially and could impact their ability to effectuate new QHP coverage. We therefore believe that this approach would create undue financial hardship for these enrollees and act as a significant barrier to accessing health coverage. We also believe this approach could result in the loss of lower-risk enrollees, who are least likely to actively re-enroll due to an inability to pay, which could destabilize the market risk pool and increase premiums and the uninsured rate. We seek comment on this idea and whether it would more sufficiently mitigate the program integrity concerns we have described.</P>
                    <P>We then considered what enrollee portion of premium amount greater than zero but less than the full price of the QHP would avoid consumer harm but still achieve active participation by the enrollee. We are proposing an amount of $5, which we believe would sufficiently balance the need to require an enrollee to take action, without substantially increasing the risk of undue financial hardship, such as termination for non-payment of premiums, that a greater amount could cause.</P>
                    <P>Additionally, we believe that the $5 would still achieve the desired effect of requiring an enrollee's active participation even if their issuer has adopted a net percentage-based premium payment threshold, under which enrollees must always pay at least 95 percent of the enrollee-responsible portion of the premium. If issuers adopt such a threshold, enrollees who have a $5 premium payment due to this amendment to the annual redetermination process would be required to pay at least $4.75 or else be placed in a grace period.</P>
                    <P>
                        We believe our proposal, which decreases the amount of the APTC applied to the policy such that the remaining premium owed by the enrollee for the entire policy equals $5, strikes an appropriate balance between encouraging active confirmation of eligibility information and enrollment decision making and ensuring market stability.
                        <PRTPAGE P="12971"/>
                    </P>
                    <P>We seek comment on this proposal. Specifically, we seek comment on whether an amount other than $5 would better address the program integrity concerns we have described. In addition, we seek comment on whether there are different policies or program measures that would help to reduce eligibility errors and potential Federal Government misspending, without adding additional burden for consumers.</P>
                    <P>
                        A comparison of QHP enrollments to estimates of consumer-reported QHP enrollments from national health insurance coverage surveys strongly suggests there has been a large increase in the number of people unknowingly enrolled in subsidized QHPs.
                        <SU>84</SU>
                         Researchers regularly track and study the “Medicaid undercount” which represents the difference in actual Medicaid enrollments to what people report on Census surveys.
                        <SU>85</SU>
                        <FTREF/>
                         This research finds that U.S. Census Bureau surveys undercount actual Medicaid enrollments, mostly due to people misreporting that they do not have Medicaid, and found an increase in the Medicaid undercount between 2019 and 2022. At least part of such undercounts may be attributable to consumer misunderstanding when responding to surveys—for example a Medicaid enrollee may erroneously report not being enrolled in Medicaid due to the enrollee's familiarity with the program under a different, State-specific name (for example, Medicaid is called DenaliCare in the State of Alaska). We undertook a similar analysis to assess whether there is a similar undercount for subsidized coverage through the Exchanges. The comparison of actual subsidized QHP enrollments to QHP enrollments reported on Census surveys confirms this undercount exists and has grown substantially since 2021. As Table 3 shows, the Current Population Survey (CPS) undercount for enrollment in a QHP with APTC grew from 25 percent in 2021 to 50 percent in 2024. The undercount is even larger for consumers with incomes less than 250 percent of FPL who likely qualify for CSRs. The undercount for these consumers grew from 33 percent in 2021 to 57 percent in 2024.
                    </P>
                    <FTNT>
                        <P>
                            <SU>85</SU>
                             See Peter Nelson, What the Medicaid Undercount reveals about the Medicaid `Unwinding' (Center of the American Experiment May 2024); Robert Hest, Elizabeth Lukanen, and Lynn Blewett, Medicaid Undercount Doubles, Likely Tied to Enrollee Misreporting of Coverage (SHADAC December 2022), available at 
                            <E T="03">https://www.shadac.org/publications/medicaid-undercount-doubles-20-21;</E>
                             State Health Access Data Assistance Center, Phase VI Research Results: Estimating the Medicaid Undercount in the Medical Expenditure Panel Survey Household Component (MEPS-HC) (January 2010), available at 
                            <E T="03">https://www.shadac.org/publications/snacc-phasevi-report;</E>
                             State Health Access Data Assistance Center, Phase IV Research Results: Estimating the Medicaid Undercount in the National Health Interview Survey (NHIS) and Comparing False-Negative Medicaid Reporting in NHIS to the Current Population Survey (CPS) (May 2009), available at 
                            <E T="03">https://www.shadac.org/publications/snaccphase-iv-report;</E>
                             and State Health Access Data Assistance Center, Phase II Research Results: Examining Discrepancies between the National Medicaid Statistical Information System (MSIS) and the Current Population Survey (CPS) Annual Social and Economic Supplement (ASEC) (March 2008), available at 
                            <E T="03">https://www.shadac.org/publications/snacc-phase-ii-report.</E>
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="248">
                        <GID>EP19MR25.002</GID>
                    </GPH>
                    <P>
                        Table 4 draws a similar comparison between the reported level of Exchange coverage on the National Health Interview Survey (NHIS) 
                        <SU>86</SU>
                        <FTREF/>
                         and total effectuated enrollment through the Exchanges. Prior to the enhanced PTC becoming law in 2021, the NHIS coverage estimates roughly matched the actual effectuated QHP enrollment counts. But in 2022, the NHIS undercounted effectuated QHP enrollment through Exchanges by 14.1 percent. This undercount increased to 19.3 percent in 2023 and edged up to 20.2 percent in the first quarter of 2024.
                    </P>
                    <FTNT>
                        <P>
                            <SU>86</SU>
                             OMB Control Number 0920-0214.
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="192">
                        <PRTPAGE P="12972"/>
                        <GID>EP19MR25.003</GID>
                    </GPH>
                    <P>
                        The research on the Medicaid undercount referenced previously links people with Medicaid coverage to their Census survey responses, which shows most people who misreport not being enrolled in Medicaid report having another form of coverage. Among this group, the largest portion reports having employer coverage, followed by Medicare coverage, and then Exchange coverage.
                        <SU>87</SU>
                        <FTREF/>
                         Some of these people may have confused their Medicaid coverage for Medicare or Exchange coverage. But these findings suggest many people who misreport not having Medicaid unknowingly retained multiple forms of coverage after assuming they lost Medicaid coverage when they enrolled in new private coverage or aged into Medicare.
                    </P>
                    <FTNT>
                        <P>
                            <SU>87</SU>
                             Blewett, Lynn A. et al. State Health Data Assistance Center, (2022, December) 
                            <E T="03">Medicaid Undercount Doubles, Likely Tied to Enrollee Misreporting of Coverage.</E>
                             Available at: 
                            <E T="03">https://www.shadac.org/publications/medicaid-undercount-doubles-20-21.</E>
                        </P>
                    </FTNT>
                    <P>
                        Similar to the experience with the Medicaid undercount, the increase in the undercount of people with APTC-subsidized coverage is likely due to the increase in people with multiple forms of coverage. CBO estimates that in 2023, approximately 28.7 million people 
                        <SU>88</SU>
                        <FTREF/>
                         had multiple types of coverage, up from 27.7 million people in 2022 
                        <SU>89</SU>
                        <FTREF/>
                         and 18 million in 2021.
                        <SU>90</SU>
                        <FTREF/>
                         Considering that research identifies response errors from survey participants as the main reason for the Medicaid undercount, it is reasonable to assume the same is true for the Exchange undercount. Both Medicaid managed care plans and subsidized QHPs can have very low to no premium, can go unused by healthier people, can be confused for other types of coverage, and are available through the Exchanges. In addition, subsidized QHP enrollees tend to share similar characteristics with Medicaid enrollees who misreport at higher rates. This includes Medicaid enrollees who are adults,
                        <SU>91</SU>
                        <FTREF/>
                         employed,
                        <SU>92</SU>
                        <FTREF/>
                         at higher income levels overlapping with APTC income eligibility levels,
                        <SU>93</SU>
                        <FTREF/>
                         and qualify for automatic re-enrollment.
                        <SU>94</SU>
                        <FTREF/>
                         Therefore, the dramatic increase in the Exchange undercount after 2021 in both the CPS and NHIS strongly suggests a substantial increase in the number of individuals with subsidized Exchange coverage who misreport not having such coverage on surveys. People may misreport coverage for various reasons, but the most likely reason for the increase in this level of misreporting in 2022 is the statutory change in 2021 expanding access to fully subsidized QHPs.
                        <SU>95</SU>
                        <FTREF/>
                         Research on the increase in the Medicaid undercount links the increase to the Medicaid continuous coverage condition under the COVID-19 PHE that kept people unknowingly covered after they obtained other coverage.
                        <SU>96</SU>
                        <FTREF/>
                         Similar to the Medicaid continuous coverage condition, under the current Exchange annual eligibility redetermination process, someone with a fully subsidized QHP can remain continuously enrolled in a QHP from year to year.
                        <SU>97</SU>
                        <FTREF/>
                         The 2022 OEP was the first year where people with fully 
                        <PRTPAGE P="12973"/>
                        subsidized QHPs provided under the ARP entered the annual redetermination process. Other policy changes and factors may have contributed to the dramatic change in the Exchange undercount in 2022. However, based on the similar experience with the Medicaid undercount, we believe the ARP's expansion of fully subsidized QHP coverage in combination with the existing annual eligibility redetermination process—a process that does not require active participation from the qualified enrollee—further allowed individuals to remain enrolled without their knowledge.
                    </P>
                    <FTNT>
                        <P>
                            <SU>88</SU>
                             Congressional Budget Office, (2004, June) 
                            <E T="03">Health Insurance and Its Federal Subsidies: CBO and JCT's June 2024 Baseline Projections.</E>
                             Available at: 
                            <E T="03">https://www.cbo.gov/system/files/2024-06/51298-2024-06-healthinsurance.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>89</SU>
                             Congressional Budget Office, (2003, May) 
                            <E T="03">Health Insurance and Its Federal Subsidies: CBO and JCT's May 2023 Baseline Projections.</E>
                             Available at: 
                            <E T="03">https://www.cbo.gov/system/files/2023-09/51298-2023-09-healthinsurance.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>90</SU>
                             Congressional Budget Office, (2002, May) 
                            <E T="03">Federal Subsidies for Health Insurance Coverage for People Under Age 65: CBO and JCT's May 2022 Baseline Projections.</E>
                             Available at: 
                            <E T="03">https://www.cbo.gov/system/files/2022-06/51298-2022-06-healthinsurance.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>91</SU>
                             Davern M, Klerman JA, Baugh DK, Call KT, Greenberg GD. An examination of the Medicaid undercount in the current population survey: preliminary results from record linking. Health Serv Res. 2009 Jun;44(3):965-87. doi: 10.1111/j.1475-6773.2008.00941.x. Epub 2009 Jan 28. PMID: 19187185; PMCID: PMC2699917. Available at: 
                            <E T="03">https://pmc.ncbi.nlm.nih.gov/articles/PMC2699917/.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>92</SU>
                             Boudreaux MH, Call KT, Turner J, Fried B, O'Hara B. Measurement Error in Public Health Insurance Reporting in the American Community Survey: Evidence from Record Linkage. Health Serv Res. 2015 Dec;50(6):1973-95. doi: 10.1111/1475-6773.12308. Epub 2015 Apr 12. PMID: 25865628; PMCID: PMC4693849. Available at: 
                            <E T="03">https://pmc.ncbi.nlm.nih.gov/articles/PMC4693849/.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>93</SU>
                             Davern M, Klerman JA, Baugh DK, Call KT, Greenberg GD. An examination of the Medicaid undercount in the current population survey: preliminary results from record linking. Health Serv Res. 2009 Jun;44(3):965-87. doi: 10.1111/j.1475-6773.2008.00941.x. Epub 2009 Jan 28. PMID: 19187185; PMCID: PMC2699917. Available at: 
                            <E T="03">https://pmc.ncbi.nlm.nih.gov/articles/PMC2699917/;</E>
                             and Boudreaux MH, Call KT, Turner J, Fried B, O'Hara B. Measurement Error in Public Health Insurance Reporting in the American Community Survey: Evidence from Record Linkage. Health Serv Res. 2015 Dec;50(6):1973-95. doi: 10.1111/1475-6773.12308. Epub 2015 Apr 12. PMID: 25865628; PMCID: PMC4693849. Available at: 
                            <E T="03">https://pmc.ncbi.nlm.nih.gov/articles/PMC4693849/.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>94</SU>
                             Kincheloe, Jennifer, et al. Health Affairs (2006), 
                            <E T="03">GrantWatch: Report Can We Trust Population Surveys To Count Medicaid Enrollees And The Uninsured?</E>
                             Volume 25, Number 4. Available at: 
                            <E T="03">https://www.healthaffairs.org/doi/pdf/10.1377/hlthaff.25.4.1163.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>95</SU>
                             Pub. L. 117-2.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>96</SU>
                             Robert Hest, Elizabeth Lukanen, and Lynn Blewett, Medicaid Undercount Doubles, Likely Tied to Enrollee Misreporting of Coverage (SHADAC December 2022), available at 
                            <E T="03">https://www.shadac.org/publications/medicaid-undercount-doubles-20-21.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>97</SU>
                             Note that existing procedures under § 155.335 prohibit the indefinite continuation of APTC through auto re-enrollment in various circumstances, including for tax filers who do not comply with the failure to file and reconcile rules or whose authorization for the Exchange to obtain tax data from the IRS has expired (which is limited to 5 years).
                        </P>
                    </FTNT>
                    <P>As the data discussed previously shows, individuals with Exchange coverage appear increasingly less likely to accurately report their coverage in survey data. Recent APTC changes that increased the availability of fully subsidized coverage likely enabled more people to stay enrolled in Exchange coverage without their knowledge, which is a clear program integrity issue. To address this issue, we believe it is important to require qualified enrollees who are redetermined to be eligible for APTC that fully subsidizes their premium to take an active step to confirm their eligibility information before continuing with fully subsidized coverage. We seek comment on this proposal.</P>
                    <HD SOURCE="HD3">5. Annual Eligibility Redetermination (§ 155.335(j))</HD>
                    <P>We propose to amend the automatic re-enrollment hierarchy by removing § 155.335(j)(4), which currently allows Exchanges to move a CSR-eligible enrollee from a bronze QHP and re-enroll them into a silver QHP for an upcoming plan year, if a silver QHP is available in the same product with the same provider network and with a lower or equivalent net premium after the application of APTC as the bronze plan into which the enrollee would otherwise have been re-enrolled. In effect, this current policy allows Exchanges to terminate an enrollee's coverage through a bronze QHP without the enrollee's active participation. These proposals would leave in place the requirements for Exchanges to take into account network similarity to the enrollee's current year plan when re-enrolling enrollees whose current year plans are no longer available, but would remove the re-enrollment hierarchy standards at § 155.335(j)(4) that require Exchanges to take into account differences between the consumer's current plan and new plan in situations where the renewal process places a consumer in a different plan (88 FR 25822). Accordingly, these amendments would better support consumer choice and restrict Exchanges from enrolling consumers in a new plan based on factors beyond the retention of the most similar plan available. We also propose amendments to § 155.335(j)(1) and (2) to conform with the removal of § 155.335(j)(4).</P>
                    <P>In the Exchange Establishment Rule (77 FR 18374), we implemented standards for annual eligibility redetermination and renewal of coverage under § 155.335(j) which required Exchanges to, if an enrollee remains eligible for coverage in a QHP upon annual redetermination, automatically re-enroll the enrollee in the QHP selected the previous year unless the enrollee terminates coverage, including termination of coverage in connection with enrollment in a different QHP. This rulemaking implemented procedures to redetermine the eligibility of individuals on a periodic basis in appropriate circumstances as required by section 1411(f)(1)(B) of the ACA.</P>
                    <P>We later adopted amendments to § 155.335(j) in the Annual Eligibility Redeterminations Rule (79 FR 52998 through 53001) which added a re-enrollment hierarchy to address situations where an issuer cannot re-enroll an enrollee in the plan they chose the previous year because the plan is no longer available. This hierarchy provided a structured process for renewal and re-enrollment into a new plan when the current plan was no longer available. We designed the process to limit the differences between the consumer's current plan and new plan. In response to this proposed rule, commenters expressed concern over consumers losing access to APTC and CSRs if they are re-enrolled into a product outside the Exchange. In response, we affirmed that while the guaranteed renewability requirements under section 2703(c) of the PHS Act and § 147.106(c) would require the issuer, at the option of the individual, to re-enroll a current enrollee in their same product outside the Exchange if the issuer stopped offering that product through the Exchange but continued to offer it outside of the Exchange, issuers would still be subject to the re-enrollment hierarchy with regards to an enrollee's on-Exchange coverage and therefore must, subject to applicable State law, re-enroll in accordance with the hierarchy even if it results in re-enrollment in a plan under a different product offered by the same issuer. To harmonize these requirements, we stated that an enrollment completed pursuant to the re-enrollment hierarchy in § 155.335(j) would be considered a renewal of the enrollee's coverage, provided the enrollee also is given the option to renew coverage within the consumer's current product outside the Exchange. We further noted our intent to evaluate this policy and potentially provide future guidance on how an issuer continuing to offer an enrollee's product outside the Exchange can comply with the guaranteed renewability provisions.</P>
                    <P>In the 2017 Payment Notice (81 FR 12270), we amended the hierarchy to give Exchanges flexibility to re-enroll consumers into plans of other Exchange issuers if the consumer is enrolled in a plan from an issuer that does not have another plan available for re-enrollment through the Exchange. In the 2024 Payment Notice (88 FR 25821 through 25822), we further amended the hierarchy and established the “bronze to silver crosswalk policy” to allow Exchanges to direct re-enrollment for enrollees who are eligible for CSRs from a bronze QHP to a silver QHP if a silver QHP is available within the same product, with the same provider network, and with a lower or equivalent premium after the application of APTC as the bronze level QHP into which the Exchange would otherwise re-enroll the enrollee (in other words, if the silver QHP has a lower or equivalent “net premium”). In effect, this change allowed Exchanges to terminate an enrollee's coverage in a bronze QHP and re-enroll them in a silver QHP. We made this change after concluding the bronze to silver crosswalk would help to ensure that additional enrollees are able to benefit from more generous coverage at a lower cost to the enrollee that provides the same benefits and provider network. Some commenters on this rule (88 FR 25823) expressed concerns that re-enrolling a consumer into an alternative QHP when the consumer's current plan remains available on the Exchange would violate the guaranteed renewability requirements with which issuers must comply. In response, we explained in the 2024 Payment Notice (88 FR 25823 through 25824) how the change is consistent with the explanation of the guaranteed renewability requirements in the Annual Eligibility Redeterminations Rule discussed previously.</P>
                    <P>
                        We have revisited whether the consumer benefits that motivated the current requirements at § 155.335(j)(4) continue to outweigh the problems we previously acknowledged some consumers would face if the Exchange terminated a consumer's prior choice in coverage. In 2024 Payment Notice proposed rule (87 FR 78206, 78259), we proposed to amend § 155.335(j) to 
                        <PRTPAGE P="12974"/>
                        provide greater financial security to bronze plan enrollees who do not actively re-enroll and may not be aware that a more generous silver plan at the same or lesser cost may be available with dramatically more costs covered by the plan. At the time, we highlighted that some of these consumers may have been initially enrolled before the more generous APTC became available with the passage of the ARP as extended by the IRA,
                        <SU>98</SU>
                        <FTREF/>
                         and may not have been initially income-based CSR-eligible when they first enrolled, or may have been helped by an agent, broker, web-broker, or Navigators who did not adequately explain the benefits of silver enrollment for CSR-eligible enrollees. Today, this lack of awareness of more generous subsidies due to their newness is no longer an issue. We believe consumers and the agents, brokers, web-brokers, and Navigators who help them are largely aware of the more generous subsidies.
                        <SU>99</SU>
                        <FTREF/>
                         Therefore, we believe the consumer awareness problem the bronze to silver crosswalk policy aimed to address is substantially less today. Moreover, since the enhanced subsidies under the IRA expire at the end of this year, this policy's goal of increasing consumer awareness of these enhanced subsidies is no longer relevant.
                    </P>
                    <FTNT>
                        <P>
                            <SU>98</SU>
                             With the passage of the IRA, these enhanced subsidies were extended for an additional 3 years (through 2025).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>99</SU>
                             For example, see the January 2025 Marketplace 2025 Open Enrollment Period Report: National Snapshot (
                            <E T="03">https://www.cms.gov/newsroom/fact-sheets/marketplace-2025-open-enrollment-period-report-national-snapshot-2</E>
                            ) and informational materials such as those available on 
                            <E T="03">HealthCare.gov: https://www.healthcare.gov/more-savings/.</E>
                        </P>
                    </FTNT>
                    <P>
                        With fewer people benefiting from the policy today, we believe there is now a greater harm to enrollees when the Exchange terminates an enrollee's enrollment in a bronze QHP which they had previously chosen. After we proposed the crosswalk policy currently at § 155.335(j)(4), as noted in the 2024 Payment Notice (88 FR 25823), several commenters expressed concerns about the bronze to silver crosswalk proposal. Some commenters expressed concern that the proposal would cause consumer confusion, and they cautioned against interpreting consumer inaction as indifference. In particular, these commenters noted that consumers sometimes research their options and make a decision to allow themselves to be auto re-enrolled, without taking action on 
                        <E T="03">HealthCare.gov.</E>
                         These commenters also noted that consumers select plans for many reasons other than the monthly premium amount, including provider network, benefit structure, and health savings account (HSA) eligibility, and raised the concern that auto re-enrolling some consumers from a bronze plan to a silver plan would disregard these consumer priorities. Some commenters also expressed concern that consumers who are auto re-enrolled into a silver plan could incur unexpected tax liability, including consumers aware of their auto re-enrollment, if their APTC amount was determined based on inaccurate household income for the future year, which is a particular risk for hourly workers.
                    </P>
                    <P>
                        We explained in the 2024 Payment Notice (88 FR 25824) that consumers auto re-enrolled from a bronze to a silver QHP because of this new policy would not experience network changes or benefit changes because of the policy, since § 155.335(j)(5) only permits Exchanges to apply the policy for consumers who have access to a silver plan in the same product and with a Provider Network ID that matches that of their future year bronze plan. However, considering there is now substantially more consumer awareness around the availability of more generous subsidies, we believe the concerns commenters expressed over creating consumer confusion, respecting consumer choice, and the potential for enrollees to incur unexpected tax liability outweigh the benefits of moving from bronze to silver plans enrollees who may not be aware that the silver plan provides lower cost sharing at the same or lesser premium.
                        <SU>100</SU>
                        <FTREF/>
                         Moreover, we acknowledge how the current rule terminates coverage that the consumer may have actively chosen, or, if they were auto re-enrolled into the plan, may reasonably expect to be auto re-enrolled into it again, which represents a major intervention and interference with the consumer experience. We believe this level of interference requires a stronger policy basis than we previously acknowledged. We agree with commenters on the 2024 Payment Notice (88 FR 25823) who raised the concern that consumers should be able to rely on an assumption that the Exchange will re-enroll them in the same plan as the enrollee's current QHP if it is still available through the Exchange, and who advocated for HHS to improve decision-making tools on 
                        <E T="03">HealthCare.gov</E>
                         instead of changing consumers' default plan selections. Providing consumers with the information they need to make informed choices, and then honoring consumer choices, is a matter of trust. We believe the current requirements unnecessarily risks undermining this trust, and we will continue to explore and work to improve upon strategies that help consumers to make decisions that are best for themselves and their families based on their financial situations and health care needs.
                    </P>
                    <FTNT>
                        <P>
                            <SU>100</SU>
                             As discussed in the 2024 Payment Notice, enrollees who were auto re-enrolled from a bronze to a silver QHP under § 155.335(j)(4) could incur unexpected tax liability if their APTC amount was determined based on inaccurate household income for the future year, either because an enrollee did not update their household income in advance of the new plan year or because they estimated their income incorrectly. An enrollee in bronze coverage who does not need to use the entire amount of the APTC for which they qualify towards their premiums during the year has some protection against tax liability in the event of an unexpected increase in household income, and they may have a larger tax liability upon tax filing if the APTC they apply to a monthly silver plan premium is greater than the amount they would have had to apply to a monthly bronze plan premium, and this APTC exceeds the PTC amount for which they ultimately qualify when they file their taxes.
                        </P>
                    </FTNT>
                    <P>Because we believe § 155.335(j)(4) unnecessarily risks harming the consumer experience without sufficient benefit, we propose to remove § 155.335(j)(4).</P>
                    <P>We seek comment on this proposal.</P>
                    <HD SOURCE="HD3">6. Premium Payment Threshold (§ 155.400)</HD>
                    <P>We propose to modify § 155.400(g) to remove paragraphs (2) and (3), which establish an option for issuers to implement a fixed dollar and gross percentage-based premium payment threshold (if the issuer has not also adopted a net percentage-based premium threshold), and modify 155.400(g) to reflect the removal of paragraphs (2) and (3). Under these provisions, issuers on the Exchanges can implement (1) a percentage-based premium payment threshold policy; and (2) a fixed-dollar premium payment threshold policy. However, to preserve the integrity of the Exchanges, we believe it is important to ensure that enrollees do not remain enrolled in coverage for extended periods of time without paying at least some of the premium owed, and therefore propose to limit issuers to the net percentage-based premium payment threshold established in the 2017 Payment Notice (81 FR 12271), and modified in the 2026 Payment Notice (90 FR 4475 through 4478) to allow issuers to set at 95 percent of the net premium or higher.</P>
                    <P>
                        In the 2026 Payment Notice (90 FR 4475 through 4478), we implemented an option for issuers to establish a fixed-dollar premium payment threshold policy, under which issuers can consider enrollees to have paid all amounts due during the following circumstance: the enrollees pay an amount that is less than the total premium owed and the unpaid remainder of which is equal to or less 
                        <PRTPAGE P="12975"/>
                        than a fixed-dollar amount of $10 or less, adjusted for inflation, as prescribed by the issuer. In addition, we implemented a gross percentage-based premium payment threshold policy, under which issuers can consider enrollees to have paid all amounts due when the enrollee pays an amount that is equal to or greater than 98 percent of the gross premium, including payments of APTC, as prescribed by the issuer. If an enrollee satisfies the fixed-dollar or gross percentage-based premium payment threshold policy, the issuer may avoid triggering a grace period for non-payment of premium or avoid terminating the enrollment for non-payment of premium. However, these premium payment thresholds may not be applied to the binder payment.
                    </P>
                    <P>In the 2017 Payment Notice (81 FR 12271 through 12272), in which HHS established the option for issuers to implement a percentage-based premium payment threshold, we received a comment requesting that issuers be allowed to establish a flat dollar amount threshold. At that time, we stated that we did not consider implementing such a threshold because there may be cases in which even a low flat dollar amount may represent a large percentage of an enrollee's portion of the premium less APTC (81 FR 12272).</P>
                    <P>In the 2026 Payment Notice (90 FR 4478), we stated that it was important to give issuers additional flexibility to maintain coverage for enrollees who owe only de minimis amounts of premium. In addition, we also stated that even though the fixed dollar threshold amount may represent a large percentage of an enrollee's portion of the premium less APTC, triggering a grace period or terminating enrollment through the Exchange was too severe a consequence for non-payment of such limited dollar amounts.</P>
                    <P>
                        Since the publication of the 2026 Payment Notice (90 FR 4478), the open enrollment period for 2025 individual market coverage has ended and we have compiled data regarding enrollments effectuated during the open enrollment period. Those data reflect a continuing increase in improper enrollments on the Exchanges. For example, in December 2024 HHS received 7,134 consumer complaints of improper enrollments, an increase from the 5,032 complaints received in December 2023.Although these numbers represent a decrease from the high of 39,985 complaints received in February 2024,
                        <SU>101</SU>
                        <FTREF/>
                         the fact that the number of complaints for 2024 remains substantially higher than for 2023 demonstrates that previous program integrity measures 
                        <SU>102</SU>
                        <FTREF/>
                         have not resulted in a decrease in improper enrollments such that additional measures are not necessary. This has caused us to reconsider the need for additional program integrity measures, as reflected throughout this proposed rule, and in particular whether the new premium threshold provisions appropriately safeguard program integrity and whether the value of the new premium threshold provisions outweighs the potential harms to program integrity. Given the increased need to protect program integrity reflected in the enrollment data, and the limited probability that any issuer has implemented one of the new types of available premium threshold policies, we believe the burden of eliminating these policies on issuers and consumers is outweighed by the potential increase in program integrity.
                    </P>
                    <FTNT>
                        <P>
                            <SU>101</SU>
                             From internal HHS data, using the most recent numbers available. HHS has previously published data on consumer complaints of unauthorized enrollments, such as in the update published in October 2024. CMS (2024, October). CMS Update on Action to Prevent Unauthorized Agent and Broker Marketplace Activity. 
                            <E T="03">https://www.cms.gov/newsroom/press-releases/cms-update-actions-prevent-unauthorized-agent-and-broker-marketplace-activity.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>102</SU>
                             Measures such as those announced in our update from October 2024 on preventing unauthorized agent and broker activity. CMS (2024, October). CMS Update on Action to Prevent Unauthorized Agent and Broker Marketplace Activity. 
                            <E T="03">https://www.cms.gov/newsroom/press-releases/cms-update-actions-prevent-unauthorized-agent-and-broker-marketplace-activity.</E>
                        </P>
                    </FTNT>
                    <P>
                        Under both the fixed dollar and gross percentage-based thresholds, it is possible for enrollees in certain circumstances to avoid paying premium for multiple months before entering delinquency or losing coverage. For example, an enrollee whose premium after the application of APTC was $1 (and where the issuer had adopted a $10 premium threshold policy) could, after paying binder, not pay any premium for the next 9 months before they would enter delinquency, and due to the APTC grace period would not have coverage terminated for an additional 3 months (though the termination would be effective the last day of the first month of grace). In instances where an issuer implemented a gross premium threshold of 98 percent, an enrollee's gross premium might be $600, making their threshold $12; if the consumer owed $2 after application of APTC, they could, after paying binder, not pay any premium for the next 6 months before they would enter delinquency, and due to the APTC grace period would not have coverage terminated for an additional 3 months (though the termination would be effective the last day of the first month of grace). This policy therefore increases the risk that improper enrollments remain undetected, since the enrollee is less likely to receive invoices, and a delinquency 
                        <SU>103</SU>
                        <FTREF/>
                         or termination notice alerting them to the improper enrollment in the case that the individual or entity submitting the improper enrollment used false contact information. In addition, an enrollee who stops paying premium in the belief that this would lead to termination of coverage may instead find that the coverage has continued for several months due to the issuer having implemented a fixed dollar or gross percentage-based premium threshold, with the additional risk that the enrollee has accumulated a large amount of debt if the issuer has adopted a gross premium percentage-based threshold and the enrollee's pre-APTC premium is much higher than the de minimis $10 fixed dollar threshold. In contrast, this is not the case with the long-established net percentage-based threshold, under which enrollees must always pay at least some premium to avoid delinquency or loss of coverage (in cases where the premium is not covered 100 percent by APTC).
                    </P>
                    <FTNT>
                        <P>
                            <SU>103</SU>
                             Per § 156.270(f), if an enrollee is delinquent on premium payment, the QHP issuer must provide the enrollee with notice of such payment delinquency. Issuers offering QHPs in Exchanges on the Federal platform must provide such notices promptly and without undue delay, within 10 business days of the date the issuer should have discovered the delinquency.
                        </P>
                    </FTNT>
                    <P>
                        We also received and addressed one comment in the 2026 Payment Notice (90 FR 4479 through 4480) 
                        <SU>104</SU>
                        <FTREF/>
                         that stated that the fixed-dollar threshold would incentivize improper activity directed at the most flexible premium payment threshold policies and that a flexible threshold would lead to agents, brokers, or web-brokers leveraging these unique carrier-specific policies as a marketing lever. The commenter suggested that agents, brokers, or web-brokers would be incentivized to enroll consumers in an Exchange plan with a generous premium policy threshold (such as the gross premium percentage-based threshold), in which the consumer would be less likely to lose coverage due to not paying premiums, to secure a commission each time the policy is renewed. At the time we disagreed with this statement, as we did not believe that the fixed-dollar and gross-premium percentage-based thresholds alone would cause an increase in the incidences of improper enrollments by agents, brokers, and 
                        <PRTPAGE P="12976"/>
                        web-brokers, but we do recognize that there is an incentive for agents, brokers, or web-brokers to enroll consumers in plans with a generous premium policy since they would allow collection of monthly commission for a longer period of time. We believed that our efforts in calendar year 2024 to implement certain system changes 
                        <SU>105</SU>
                        <FTREF/>
                         and strengthen oversight of agents and brokers would substantially reduce incidences of improper enrollments. However, as noted previously, due to the continued high number of complaints of improper enrollments, it has become apparent that additional program integrity measures are necessary. Given the multiple avenues that some agents and brokers to date have taken to improperly enroll consumers in QHPs offered on Exchanges, we are now reconsidering the impact that the fixed-dollar and gross-premium percentage-based thresholds may have in obscuring improper enrollments from the victim of the improper enrollment by delaying the time it would take for the consumer to be placed in the grace period and informed of their delinquency.
                    </P>
                    <FTNT>
                        <P>
                            <SU>104</SU>
                             Comment ID CMS-2024-0210, 11/12/2025, available at 
                            <E T="03">https://www.regulations.gov/comment/CMS-2024-0311-0210</E>
                            .
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>105</SU>
                             See CMS. (2024, Oct. 14). CMS Update on Actions to Prevent Unauthorized Agent and Broker Marketplace Activity. 
                            <E T="03">https://www.cms.gov/newsroom/press-releases/cms-update-actions-prevent-unauthorized-agent-and-broker-marketplace-activity</E>
                            .
                        </P>
                    </FTNT>
                    <P>We also received and addressed several comments in the 2026 Payment Notice (90 FR 4478) that stated that the fixed-dollar and gross-premium percentage-based thresholds would prevent disruptions of care caused by terminating enrollees for owing small amounts of premium.</P>
                    <P>
                        However, because of the program integrity concerns we have stated, we remain concerned that these policies allow enrollees to unknowingly remain in coverage they did not consent to be enrolled in or remain in coverage that they no longer need or are utilizing, if a third party or agent, broker, or web broker paid the enrollee's binder payment on their behalf in order to effectuate enrollment. In the October 10, 2024 
                        <E T="04">Federal Register</E>
                         (89 FR 82366 through 82369), we provided an analysis of Exchange data for PY 2023, where we found that there were 184,111 total policies terminated for non-payment in which $10 or less was owed by the enrollee, representing approximately 12.25 percent of the total number of policies terminated for non-payment that year. As such, we estimate that, if finalized, this rule would likely result in about 184,111 policy terminations after application of the available grace period. This would likely be representative of both enrollees who desired coverage but failed to take the necessary action, and enrollees who were unaware of their coverage either because they had intended for it to terminate due to nonpayment, or because they were improperly enrolled by agents, brokers, or web-brokers.
                    </P>
                    <P>
                        We have also become aware of instances in which consumers who are enrolled in Medicaid are, without their knowledge or consent, enrolled into unwanted QHP coverage with APTC for which they are not eligible. In 2024, we received 44,151 complaints alleging that Medicaid beneficiaries were enrolled without their consent into QHP plans, of which 12,954 were deemed medically urgent.
                        <SU>106</SU>
                        <FTREF/>
                         These cases have caused disruptions in coverage for consumers, due to Medicaid's refusal to pay for services 
                        <SU>107</SU>
                        <FTREF/>
                         when the consumer is enrolled in a QHP, and has also caused delays in payments to health care providers. As noted above, we expect that the removal of these premium threshold options will make it more difficult for some agents, brokers, and web-brokers to keep consumers enrolled without their knowledge or consent, and thereby reduce the potential for these kinds of disruptions in coverage.
                    </P>
                    <FTNT>
                        <P>
                            <SU>106</SU>
                             See § 156.1010(e).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>107</SU>
                             As required by section 1902(a)(25) of the Social Security Act, Medicaid is the payer of last resort.
                        </P>
                    </FTNT>
                    <P>HHS has also previously taken steps to address concerns about enrollees losing their coverage, such as the requirement at § 156.270(d) that issuers must provide a grace period of 3 consecutive months for an enrollee who is receiving the benefit of APTC and fails to timely pay premiums. In addition, § 156.270(f) requires QHP issuers to provide enrollees with notice of payment delinquency when an enrollee is delinquent on premium payment, promptly and without undue delay, within 10 business days of the date the issuer should have discovered the delinquency. These requirements ensure that enrollees receive notice and are thus aware well in advance of the risk of losing their coverage if they do not take action to pay their past due premiums.</P>
                    <P>We seek comments on this proposal.</P>
                    <HD SOURCE="HD3">7. Annual Open Enrollment Period (§ 155.410)</HD>
                    <P>We propose to amend § 155.410(e), which provides the dates for the annual individual market Exchange OEP in which qualified individuals and enrollees may apply for or change coverage in a QHP. Specifically, we propose to add § 155.410(e)(5) and (f)(4) to change the OEP for benefit years starting January 1, 2026, and beyond so that it begins on November 1 and runs through December 15 of the calendar year preceding the benefit year and to set an effective date of January 1 for QHP selections received by the Exchange on or before this December 15 OEP end date. The Exchange OEP is extended by cross-reference to non-grandfathered individual health insurance coverage, both inside and outside of an Exchange, under the guaranteed availability regulations at § 147.104(b)(1)(ii). We also are making conforming revisions to § 155.410(e)(4) and (f)(3).</P>
                    <P>
                        In previous rulemaking, we have adjusted the length of the OEP to account for various circumstances impacting the stability of the risk pool, Exchange operations, and the consumer experience (see Table 5 below). In setting the OEP, as we explained when we set the initial enrollment period in the Exchange Establishment Rule (77 FR 18387), we attempt to balance the risk of adverse selection—a situation where individuals with higher risk are more likely to select coverage than healthy individuals—with the need to ensure that consumers have adequate opportunity to enroll in QHPs through an Exchange. We established a lengthy initial enrollment period lasting from October 1, 2013, to March 31, 2014, to allow time for individuals and families to explore their new coverage options and provide outreach and education to raise awareness. However, recognizing the need to limit adverse selection, we established a much shorter OEP for the PY 2015 and beyond running from October 15 to December 7. Due to challenges in the first year, in the 2015 Payment Notice (79 FR 13796 through 13797, 13838), the PY 2015 OEP was delayed and extended to run from November 15 to February 15 to give more time to collect additional rating experience to help reduce 2015 premium rates. The change also gave issuers another month to prepare to accept applications and staggered the Exchange OEP from that of Medicare Advantage. In the 2016 Payment Notice (80 FR 10795 through 10797, 10866), for PY 2016, we set the OEP to run from November 1 to January 31. While we had proposed a shorter OEP, we finalized this more modest change primarily to limit the burden of a shift on Exchanges still experiencing implementation challenges. As Exchange operations became more stable, in the 2017 Payment Notice (81 FR 12273, 12343), we removed the prior extensions to the OEP and set it to run from November 1 to December 15 for PY 
                        <PRTPAGE P="12977"/>
                        2019 and beyond. We gave Exchanges and issuers 2 years to prepare for this shift by extending the PY 2016 OEP start and end dates to PY 2017. This reestablished a permanent policy of a December 15 OEP end date for PY 2019 and beyond to support a full year of coverage and reduce adverse selection risk for issuers. However, in response to increasing challenges to the stability of the individual market and after concluding the market and issuers were ready for the adjustment sooner, we decided in the Market Stabilization Rule (82 FR 18353, 18381) to implement this permanent OEP policy a year ahead of schedule for PY 2018. At the time, we acknowledged the shorter period could lead to a reduction in enrollees, primarily younger and healthier enrollees who usually enroll late in the enrollment period. However, we concluded the positive impacts on consumers and market stability outweighed this potential decline in enrollment.
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>108</SU>
                             See CMS (2018). Public Use Files: FAQs, 
                            <E T="03">https://www.cms.gov/research-statistics-data-and-systems/statistics-trends-and-reports/marketplace-products/downloads/2018_public_use_file_faqs.pdf.</E>
                        </P>
                        <P>
                            <SU>109</SU>
                             See CMS (2019). Public Use Files: FAQs. 
                            <E T="03">https://www.cms.gov/research-statistics-data-and-systems/statistics-trends-and-reports/marketplace-products/downloads/2019publicusefilesfaqs.pdf.</E>
                        </P>
                        <P>
                            <SU>110</SU>
                             See CMS (2020). Public Use Files: FAQs. 
                            <E T="03">https://www.cms.gov/files/document/2020-public-use-files-faqs.pdf.</E>
                        </P>
                        <P>
                            <SU>111</SU>
                             See CMS (2021). Public Use Files: FAQs. 
                            <E T="03">https://www.cms.gov/files/document/2021-public-use-files-faqs.pdf.</E>
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="473">
                        <GID>EP19MR25.004</GID>
                    </GPH>
                    <P>
                        Consistent with our original policy establishing a December OEP end date for PY 2015 that promotes a full year of coverage, we maintained an OEP set to November 1 to December 15 for PYs 2018, 2019, 2020, and 2021. During this 
                        <PRTPAGE P="12978"/>
                        time, we observed several benefits from a 45-day OEP that ends on December 15 for coverage starting January 1 compared to OEPs ending on February 15 for benefit year 2015 and January 31 for benefit years 2016 and 2017. As discussed in the 2022 Payment Notice proposed rule (86 FR 35167 through 35168), prior enrollment data suggested that the majority of new consumers to the Exchange selected plans prior to December 15 so they had coverage beginning January 1. We believe this data shows consumers became accustomed to the deadline. Also, it reduces consumer confusion by aligning more closely with the open enrollment dates for other coverage for many employer-based health plans. We also observed that consumer casework volumes related to coverage start dates and inadvertent dual enrollment decreased in the years after the December 15 end date was adopted, suggesting that the consumer experience, as well as program integrity, was improved by having a singular deadline of December 15 to enroll in coverage for the upcoming plan year. We noted how confusion over the deadline could cause someone to wait until January 15 and miss out on a whole month of coverage. In addition, the extended OEP requires enrollment assisters to stretch budget resources over an additional month.
                    </P>
                    <P>In the 2022 Payment Notice proposed rule (86 FR 35168), we also identified negative impacts from a 45-day OEP that ends December 15. In particular, we observed that consumers who receive financial assistance, who do not actively update their applications during the OEP, and who are automatically re-enrolled into a plan are subject to unexpected plan cost increases if they live in areas where the second lowest-cost silver plan has dropped in price relative to other available plans. In this situation, consumers would experience a reduction in their allocation of APTC based on the second lowest-cost silver plan price but are often unaware of their increased plan liabilities until they receive a bill from the issuer in early January, after the OEP has concluded. We noted that extending the OEP end date to January 15 would allow these consumers the opportunity to change plans after receiving updated plan cost information from their issuer and to select a new plan that is more affordable to them. We also noted concerns from some Navigators, certified application counselors (CACs), agents, and brokers regarding a lack of time to fully assist all interested Exchange applicants with comparing their different plan choices. In light of these negative impacts, we sought comment on whether an extended OEP would provide a balanced approach to provide consumers additional time to make informed choices and increase access to health coverage, while mitigating risks of adverse selection, consumer confusion, and issuer and Exchange operational burden. While some commenters expressed substantial concern over these risks, we concluded the experience from State Exchanges that extend their OEP suggested an extension in January does result in increased enrollments and would not introduce adverse selection into the market. Therefore, we concluded the negative impacts of an OEP ending in December justified extending the OEP to end on January 15 for PY 2022 and beyond. This extension to the OEP has now been in place for PYs 2022, 2023, 2024, and 2025. We refer readers to Table 5 for a summary of OEPs in effect from PY 2014 to PY 2025.</P>
                    <P>
                        With our experience implementing this extended OEP over the past 4 years, we have had the opportunity to more closely assess whether this extension achieves the right balance between an adequate opportunity to enroll in a QHP and the added risk for adverse selection, consumer confusion, and unnecessary burden on issuers and Exchanges. This assessment reveals that only a small number of consumers took advantage of the additional time to switch to a lower-cost plan after receiving a bill from their issuer in January with higher plan costs. During the most recent OEP, fewer than 3 percent of enrollees (470,000 individuals) ended their FFE or SBE-FP coverage between December 15, 2024, and January 15, 2025, including those enrollees who switched to other plans as well as those who did not. We also compared the enrollment growth for Exchanges on the Federal platform to State Exchanges under the previous December 15 end date. While most State Exchanges (12 out of 20) use the same enrollment schedule as Exchanges on the Federal platform, 7 State Exchanges use enrollment windows past January 15.
                        <SU>112</SU>
                        <FTREF/>
                         For the best comparison, we focused on enrollment among people enrolled in APTC subsidized plans without CSRs. This controlled for the variable of whether States expanded Medicaid or not.
                        <SU>113</SU>
                        <FTREF/>
                         From 2017 (the year before the end date changed to December 15) to 2021 (the last year of the December 15 end date), we found that Exchanges on the Federal Platform experienced a larger (47 percent) growth in enrollment among people who enrolled in coverage with only APTC compared to 28 percent growth among people enrolled with only APTC through State Exchanges. This suggests the change to the December 15 OEP end date did not compromise access to coverage for people selecting plans through the Exchanges on the Federal platform.
                    </P>
                    <FTNT>
                        <P>
                            <SU>112</SU>
                             See CMS. (2024, Oct. 17). State-based Marketplaces: 2025 Open Enrollment. 
                            <E T="03">https://www.cms.gov/files/document/state-exchange-oe-chart-py-2025.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>113</SU>
                             Whether or not a State expanded Medicaid can have a substantial impact on enrollment between States.
                        </P>
                    </FTNT>
                    <P>
                        Our analysis found that 3 percent of enrollees in Exchanges on the Federal platform did drop their coverage renewals after December 15 during the most recent extended OEP. Some of these people may have switched to a more affordable plan after receiving a bill in January with unexpected plan costs. However, we expect that upon finalizing the proposed addition of § 155.335(n), a higher proportion of enrollees will actively re-enroll and compare their plan options prior to December 15, reducing the need for changes after December 15. To the extent people are switching coverage during the extended period, this may also be due, in part, to improper plan switching. As we have noted elsewhere, we recently began receiving substantially more consumer complaints alleging improper enrollments by agents and brokers who switch enrollees to new QHPs offered on the Exchange or update enrollees' current policies without their knowledge, to capture their commissions.
                        <SU>114</SU>
                        <FTREF/>
                         However, we also note that when the enhanced subsidies made available under the ARP and IRA expire at the end of 2025, plan costs for the majority of Exchange enrollees will increase, so there may be an increase in the proportion of enrollees seeking to drop coverage or change plans for PY 2026 after December 15, 2025. Due to changing plan costs, enrollees may need more time to make their PY 2026 plan selections. We request comment on whether to delay the effective date for the proposal to update the OEP end date until the OEP preceding PY 2027, given the special circumstances for PY 2026 financial assistance.
                    </P>
                    <FTNT>
                        <P>
                            <SU>114</SU>
                             Based on internal CMS data, in the first 3 months of 2024, we received 50,000 complaints of improper enrollments and 40,000 complaints of improper plan switches attributed due to agent or broker noncompliant behavior.
                        </P>
                    </FTNT>
                    <P>
                        Based on the foregoing analysis, we do not anticipate that changing the OEP end date from January 15 to December 15 would have a negative impact on a consumer's opportunity to enroll in QHPs through an Exchange. We do believe the change would reduce 
                        <PRTPAGE P="12979"/>
                        consumer confusion over the two deadlines under the current OEP that can increase administrative burdens and lead people to miss a whole month of coverage in January. Consistent with our observations after the December 15 end date was adopted for the 2018 OEP, we expect that consumer casework volumes related to coverage start dates and inadvertent dual enrollment would decrease if the same policy is put in place for the 2026 OEP. Reducing the OEP by a month should also reduce burdens on Exchanges, issuers, and people who assist with plan selections; however, the Federal government, State Exchanges, and issuers may incur costs if additional outreach is needed to alert consumers of the change in OEP end date. We will continue to leverage various methods to inform consumers before and during the Open Enrollment Period of key items and changes, including sending Marketplace Open Enrollment and Annual Redetermination Notices; developing advertising campaigns on television, radio, social media, and other platforms; collaborating with assistors; and utilizing the 
                        <E T="03">HealthCare.gov</E>
                         website as a central hub of information. We seek comment on how changing the OEP end date to December 15 would impact QHP enrollment opportunities, consumer confusion, and burden.
                    </P>
                    <P>In making this proposal, we note the crucial role the OEP plays in protecting the stability of the individual market risk pool within the structure of the ACA. Adverse selection remains a serious concern under the ACA's guaranteed availability and modified community rating requirements. The average plan liability risk score in the individual market remains substantially higher than the small group market, showing that higher-than-average risks continue to select into the individual market. This higher risk leads to higher premiums for those who purchase coverage through the individual market. Enrollment periods are one of the few tools established by the ACA to mitigate adverse selection and contribute to a more stable, affordable market.</P>
                    <P>We previously noted that the experience from State Exchanges operating their own eligibility and enrollment platforms suggests that extending the OEP into January does not introduce adverse selection into the market. However, this conclusion was based largely on comments we received from State Exchanges that did not include supporting evidence. Other commenters expressed the opposite view that the risk of adverse selection warranted keeping the December 15 end date. We understood there was still an ongoing risk of adverse selection when we decided to extend the OEP end date to January 15. However, we concluded this risk of adverse selection was outweighed by the benefits of increased consumer enrollments and opportunities to switch plans for consumers with unexpected plan costs.</P>
                    <P>Our new analysis of this experience extending the OEP to end January 15 suggests that these benefits did not materialize. Accordingly, without any clear benefit, we no longer believe the benefits of the OEP extension outweigh the risk of adverse selection. We welcome comments on whether the risk of adverse selection supports changing the OEP end date to December 15.</P>
                    <P>We anticipate that if an OEP end date of December 15 were finalized, this change would apply to all Exchanges, including State Exchanges, for the 2026 coverage year and beyond. While we have previously given State Exchanges the flexibility to extend their OEPs, the previous analysis suggests these extensions do not increase enrollment. Accordingly, we believe all extensions, regardless of the Exchange platform, present an unnecessary risk of adverse selection. Any increase in adverse selection due to these extensions may increase premiums which, in turn, increases the Federal cost of PTC subsidies and undermines affordability for people who do not qualify for subsidies. Applying this proposal to State Exchanges would be consistent with our decision to apply the December 15 end date for the 2018 OEP and beyond on a nationwide basis.</P>
                    <P>We recognize that the proposal to adopt and transition to a consistent OEP start and end date might lead to operational difficulties for State Exchanges. We have previously recognized that State Exchanges could use existing regulatory authority to supplement the OEP with an SEP as a transitional measure. Given our proposal to adopt a standard OEP, we seek comment on whether we should also prohibit Exchanges from extending an OEP through application of a blanket special enrollment period. Where available, we request that comments include data demonstrating the impact of the OEP end date on enrollment and adverse selection. Additionally, we seek comment on the overall effects and impacts of OEP duration and OEP placement within the calendar year, including suggestions regarding the ideal duration and placement to minimize adverse selection and maximize consumer choice.</P>
                    <HD SOURCE="HD3">8. Monthly Special Enrollment Period for APTC-Eligible Qualified Individuals with a Projected Household Income at or Below 150 Percent of the Federal Poverty Level (§ 155.420)</HD>
                    <P>We propose to remove § 155.420(d)(16) to repeal the monthly SEP for APTC-eligible qualified individuals with a projected annual household income at or below 150 percent of the FPL, which we refer to as the “150 percent FPL SEP.” To conform existing regulations to the repeal of this SEP, we also propose to remove § 155.420(a)(4)(ii)(D) (which adds plan category limitations and permits eligible enrollees and their dependents to use the 150 percent FPL SEP to change to a silver level plan), § 155.420(b)(2)(vii) (regarding when coverage is effective for this SEP), and § 147.104(b)(2)(i)(G) (as discussed in section III.A.1 of this preamble). We also propose to amend the introductory text of § 155.420(a)(4)(iii) to remove reference to paragraph (d)(16). Finally, we also propose to revise paragraphs (a)(4)(ii)(B) and (a)(4)(ii)(C) to move the placement of the word “or” for clarity given the proposed removal of paragraph (a)(4)(ii)(D).</P>
                    <P>We created the 150 percent FPL SEP to provide additional opportunities for low-income consumers to take advantage of free or low-cost coverage that section 9661 of the ARP made available on a temporary basis during the COVID-19 PHE. When we first finalized this SEP and then made it permanent in the 2025 Payment Notice (89 FR 26320), we projected it would increase premiums due to adverse selection and, as a result, increase both the financial hardship on consumers who pay the full premium and the Federal cost of APTC. While we previously concluded the enrollment benefits of this SEP outweighed these costs and risks for adverse selection, more experience with this SEP suggests it has substantially increased the level of improper enrollments, as well as increased the risk for adverse selection, as the 150 percent FPL SEP incentivizes consumers to wait until they are sick to enroll in Exchange coverage. We encourage commenters and other interested parties to provide comments on whether and how the 150 percent FPL SEP has exacerbated these issues. Finally, we believe that the single, best interpretation of the statute is that it does not authorize the Secretary to add the 150 percent FPL SEP to the list of SEPs enumerated at sections 1311(c)(6)(C) and (D) of the ACA.</P>
                    <P>
                        As background, section 9661 of the ARP amended section 36B(b)(3)(A) of 
                        <PRTPAGE P="12980"/>
                        the Code to decrease the applicable percentages used to calculate the amount of household income a taxpayer is required to contribute to their second lowest cost silver plan for tax years 2021 and 2022.
                        <SU>115</SU>
                        <FTREF/>
                         For those with household incomes at or below 150 percent of the FPL, the new applicable percentage is zero. The IRA extended this provision to the end of PY 2025. As a result of these changes, many low-income consumers whose QHP coverage can be fully subsidized by the APTC have one or more options to enroll in a silver-level plan without needing to pay a premium after the application of APTC.
                    </P>
                    <FTNT>
                        <P>
                            <SU>115</SU>
                             Public Law 117-2.
                        </P>
                    </FTNT>
                    <P>To provide certain low-income individuals with additional opportunities to newly enroll in this fully subsidized or low-cost coverage, in part 3 of the 2022 Payment Notice (86 FR 53429 through 53432), we finalized, at the option of the Exchange, a new monthly SEP for APTC-eligible qualified individuals with projected household income at or below 150 percent of the FPL. We also finalized a provision stating that this SEP is available only during periods of time when a taxpayer's applicable percentage, which is used to calculate the amount of household income a tax filer is required to contribute to their second lowest cost silver plan, is set at zero, such as during tax years 2021 through 2025, as provided by section 9661 of the ARP and extended by the IRA. As background, the applicable percentages are used in combination with other factors, including annual household income and the cost of the benchmark plan, to determine the PTC amount for which a taxpayer can qualify to help pay for a QHP on an Exchange for themselves and their dependents. These decreased percentages generally result in increased PTC for PTC-eligible tax filers.</P>
                    <P>In the 2025 Payment Notice (89 FR 26320), we removed the limitation that the 150 percent FPL SEP is available only during periods of time when the applicable percentage is set to zero. However, given concerns regarding the growth of improper enrollments using this SEP, we are proposing that this SEP would end as of the effective date of the final rule, and not in December 2025, when the provisions extended by the IRA sunset. We believe ending the 150 percent FPL SEP across all Exchanges immediately is necessary due to the rise in improper enrollments, as the 150 percent FPL SEP was one of the primary mechanisms that certain agents, brokers, and web-brokers used to conduct unauthorized enrollments to improperly enroll consumers in fully subsidized Exchange plans.</P>
                    <P>
                        While we previously concluded that the benefits of increased access outweighed the risk of premium increases, new information suggests the expanded availability of fully subsidized plans (referred to as zero-dollar plans in previous rulemaking),
                        <SU>116</SU>
                        <FTREF/>
                         combined with easier access to these fully subsidized plans through the 150 percent FPL SEP, led to a substantial increase in improper enrollments. The existence of fully subsidized plans by itself creates an opportunity for some agents, brokers, and web-brokers to conduct improper enrollments of consumers in Exchange coverage without them knowing, because without a premium, there is no ongoing need for consumer engagement following completed enrollment in an Exchange plan. Based on our own analysis, we have identified various mechanisms that some agents, brokers, and web-brokers have exploited to conduct unauthorized enrollments to improperly enroll consumers in Exchange coverage without their consent. For example, an agent, broker, or web-broker can enroll a consumer without the consumer's knowledge and earn a commission for each consumer enrolled. An agent, broker, or web-broker can also change the agent of record for an existing enrollee and take the commission from the existing agent, broker, or web-broker. An agent, broker, or web-broker can switch an enrollee to a new health plan without the consumer's consent to capture the new commission. An agent, broker, or web-broker can also split up a household and enroll them in multiple plans to capture multiple commissions.
                    </P>
                    <FTNT>
                        <P>
                            <SU>116</SU>
                             In previous rulemaking, we referred to fully subsidized plans as zero-dollar plans. This former characterization suggested there is no premium. But health issuers do receive a full premium for every plan they sell. For people with incomes between 100 and 150 percent of the FPL, this premium is fully subsidized by the Federal taxpayer.
                        </P>
                    </FTNT>
                    <P>Because of these practices, in 2024, we implemented various system and logic changes to decrease and/or prevent some agent, broker, and web-broker behavior in an effort to mitigate improper enrollments, and we have observed some improvements. However, we believe that so long as there is no premium cost for the consumer, these enrollments can continue to go unnoticed until an enrollee tries to use a health plan the agent, broker, or web-broker canceled or eventually learns they must reconcile surprise APTC on their taxes. In December 2024 we received 7,134 consumer complaints of improper enrollments, an increase from the 5,032 complaints received in December 2023. Although these numbers represent a decrease from the high of 39,985 complaints received in February 2024, the fact that the number of complaints for 2024 remains substantially higher than for 2023 demonstrates that previous program integrity measures have not resulted in a decrease in potential improper enrollments such that additional measures are not necessary. This has caused us to reconsider the existence of the 150 percent FPL SEP as it continues to serve as a mechanism for some agents, brokers, and web-brokers to circumvent the protections that we have put into place, and even reverse some of the gains we have made in mitigating agent, broker, and web-broker improper enrollments.</P>
                    <P>
                        On April 12, 2024, a class of plaintiffs, including Exchange consumers and insurance agents, filed a complaint against certain agents and marketing companies alleging a conspiracy to conduct unauthorized enrollments and change enrollments to improperly capture commissions.
                        <SU>117</SU>
                        <FTREF/>
                         The complaint alleges that the false ads created by the defendants “resulted in hundreds of thousands of enrollments by class members.” 
                        <SU>118</SU>
                        <FTREF/>
                         Enrollment data for the 2024 OEP suggest improper enrollments may be significantly more widespread than the parties involved in this case. A comparison of plan selections during the 2024 OEP and U.S. Census Bureau population estimates show the number of plan selections among people reporting household incomes between 100 and 150 percent of the FPL exceeded the number of potential enrollees within this FPL range in nine States.
                        <SU>119</SU>
                        <FTREF/>
                         This analysis estimates between 4 to 5 million improper enrollments in 2024 at a cost of $15 to $26 billion in improper PTC payments.
                        <SU>120</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>117</SU>
                             Complaint, 
                            <E T="03">Conswallo Turner et al.</E>
                             v. 
                            <E T="03">Enhance Health, et al.,</E>
                             Case 0:24-cv-60591-MD. (S.D. Fla.2024).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>118</SU>
                             Ibid. at 56.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>119</SU>
                             Blase, B.; Gonshorowski, D. (2024, June). 
                            <E T="03">The Great Obamacare Enrollment Fraud.</E>
                             Paragon Health Institute. 
                            <E T="03">https://paragoninstitute.org/private-health/the-great-obamacare-enrollment-fraud.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>120</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <P>
                        Our own analysis confirms that the number of plan selections for people with household incomes between 100 and 150 percent of the FPL exceeds the population of people at that income level based on U.S. Census Bureau surveys. At the extreme, 2.7 million Floridians claimed a household income between 100 and 150 percent of the FPL and selected plans through 
                        <E T="03">HealthCare.gov</E>
                         during the 2024 OEP. 
                        <PRTPAGE P="12981"/>
                        Yet, 2022 Census surveys estimate that only 1.5 million people who live in Florida fall within that income level.
                        <SU>121</SU>
                        <FTREF/>
                         Unlike the previously cited analysis by the Paragon Health Institute (see footnote 35), our comparison includes everyone under the age of 65 and therefore includes people who are unlikely Exchange enrollees such as Medicaid-eligible children, people with disabilities on Medicaid and Medicare, and people who receive coverage through their employer. Therefore, it underrepresents the level of improper enrollments. This disparity between the number of plan selections and Census population estimates suggests there were likely over 1 million improper enrollments in Florida alone. Several other States have similar patterns of more enrollees reporting household income between 100 and 150 percent of the FPL than people who would be eligible in the State for Exchange coverage with income in that category.
                        <SU>122</SU>
                        <FTREF/>
                         We encourage commenters and other interested parties to share their experiences in their respective States, including the extent of improper enrollments and other data disparities.
                    </P>
                    <FTNT>
                        <P>
                            <SU>121</SU>
                             U.S. Census Bureau (2022). 
                            <E T="03">American Community Survey.</E>
                             Dep't of Commerce. 
                            <E T="03">https://www.census.gov/programs-surveys/acs/data.html.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>122</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <P>As such, the 150 percent FPL SEP expands the opportunities for some agents, brokers, and web-brokers to conduct unauthorized enrollments for people in fully subsidized plans at any time during the year. By design, anyone who reports a projected household income at or below 150 percent of the FPL on their application can enroll in a QHP or change from one QHP to another at any time during the year. This allows agents, brokers, and web-brokers to conduct unauthorized enrollments or change enrollments any time during the year when they gain access to the personally identifiable information that allows them to falsely represent someone. Before the implementation of the 150 percent FPL SEP, we received a handful of complaints from consumers about improper enrollments or plan switching. In contrast, in the first 3 months of 2024, we received 50,000 complaints of improper enrollments and 40,000 complaints of unauthorized plan switches attributed due to agent or broker noncompliant conduct and improper enrollments. For these reasons, we believe that by immediately ending this SEP as of the effective date of the final rule, the Exchanges would be protecting consumers by preventing improper enrollments in addition to working to stem the negative effects of adverse selection on the risk pool, thus moving towards a more stable individual market risk pool.</P>
                    <P>In addition to concerns over improper enrollments, we remain concerned over the ability of consumers at or below 150 percent of the FPL to wait to enroll until they need health care services, resulting in adverse selection. Additional research is necessary to accurately quantify the negative impacts of this behavior to the risk pool, and we seek comment on this issue from the public. With respect to improper enrollments, we recognized the need to revise the Federal platform process for pre-enrollment verification for SEPs and to reinforce that process so that SEPs are not being abused and misused. This reinforcement of pre-enrollment verification for SEPs would strengthen program integrity measures, deter agents, brokers, and web-brokers from engaging in improper enrollments and enrolling unsuspecting consumers in QHP coverage through the Exchanges without their knowledge or consent, and stabilize the individual market risk pool. We propose changes to pre-enrollment verification for SEPs at § 155.420(g) of this proposed rule.</P>
                    <P>
                        Our concern over people waiting to enroll is substantially heightened by the flexibility consumers, as well as agents, brokers, and web-brokers acting on behalf of consumers, receive when estimating their annual household income on their application, along with the limits on how much low-income people must pay to reconcile any misestimate on their taxes. While a tax filer would need to reconcile a poor income estimate on their taxes, under statute, some tax filers need only repay a small portion of excess APTC. This is referred to as the excess APTC repayment limit. For single filers with household incomes less than 200 percent of the FPL, the amount they must pay back is limited to $375 in 2024.
                        <SU>123</SU>
                        <FTREF/>
                         The limit is $950 for single filers with household incomes from 200 to less than 300 percent of the FPL and $1,575 for single filers with household incomes from 300 to less than 400 percent of the FPL. With wide flexibility in estimating household income and minimal penalties for misestimates, the 150 percent FPL SEP is an ideal enrollment loophole for some agents, brokers, and web-brokers seeking to increase enrollment commissions. Additionally, it can result in a large portion of people who fail to enroll in coverage until they incur significant health care expenses, introducing high adverse selection risks for issuers, which are then reflected in higher premiums and associated Federal spending on premium subsidies. This SEP has certainly been abused by some agents, brokers, and web-brokers, who are aware of the excess APTC repayment limits and who have inappropriately marketed “free” plans to enrollees.
                        <E T="51">124 125</E>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>123</SU>
                             IRS (n.d.) 
                            <E T="03">Rev. Proc. 2023-34.</E>
                             Dep't of Treasury. 
                            <E T="03">https://www.irs.gov/pub/irs-drop/rp-23-34.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>124</SU>
                             Appleby, J. (2024, April 8). 
                            <E T="03">Rising Complaints of Unauthorized Obamacare Plan-Switching and Sign-Ups Trigger Concern.</E>
                             KFF Health News. 
                            <E T="03">https://kffhealthnews.org/news/article/aca-unauthorized-obamacare-plan-switching-concern/.</E>
                        </P>
                        <P>
                            <SU>125</SU>
                             Chang, D. (2023, June 12). 
                            <E T="03">Florida Homeless People Duped into Affordable Care Act Plans They Can't Afford.</E>
                             Tampa Bay Times. 
                            <E T="03">https://www.tampabay.com/news/florida-politics/2023/06/12/florida-homeless-people-duped-into-affordable-care-act-plans-they-cant-afford/.</E>
                        </P>
                    </FTNT>
                    <P>
                        This wide flexibility in estimating income may also be open to misuse by Navigators and CACs. While Navigators and CACs may not receive a direct financial incentive for improper enrollments, they may still have incentives to encourage or allow applicants to underestimate their income to take advantage of fully subsidized plans outside of the OEP. Navigators and CACs, for example, still have incentives to hit and exceed enrollment targets. The number of consumers assisted with enrollment or re-enrollment in a QHP is one of the project goals we list in the Navigator grant application.
                        <SU>126</SU>
                         Navigators must provide progress reports to CMS and future grant funding levels are based in part on progress toward this goal.
                        <SU>127</SU>
                         Navigators and CACs may even believe it is their mission to encourage or allow applicants to aggressively understate their income to gain more affordable coverage. We seek comments on this issue and the proposal generally.
                    </P>
                    <P>
                        We are working hard to address the increase in improper enrollments to ensure only eligible people enroll in all plans, but especially fully subsidized plans. While we believe stronger enforcement measures can substantially reduce improper enrollments, we believe improper enrollments would continue to be a problem so long as there is access to fully subsidized plans combined with even easier access through the 150 percent FPL SEP. Even if we were able to reduce the problem of some agents, brokers, and web-brokers enrolling consumers in Exchange coverage without their knowledge or consent, substantial issues remain with consumers taking advantage of the 150 percent FPL SEP by falsely representing their household income on their Exchange applications. Because of this, we believe that ending the 150 percent FPL SEP remains one of 
                        <PRTPAGE P="12982"/>
                        the most critical ways to mitigate this risk of improper enrollments and protect the individual risk pool. We also believe that the loopholes and incentives created by the 150 percent FPL SEP are too large to simply police retrospectively.
                    </P>
                    <P>In the 2025 Payment Notice (89 FR 26321), we reviewed the enrollment experience and found that the percent of Exchange enrollees on the Federal platform who had projected annual household income of less than 150 percent of the FPL increased from 41.8 percent in 2022 to 46.9 percent in 2023, after the implementation of the 150 percent FPL SEP. At the time, we concluded this suggested the policy was successful. We also analyzed the availability of fully subsidized plans in 2020 before enhanced subsidies became temporarily available under the ARP and IRA. We found 77 percent of the consumer population at or below 150 percent of the FPL had access to fully subsidized bronze plans and 16 percent had access to fully subsidized silver plans. Based on this finding, we concluded the risk of adverse selection was mitigated by the broad access to fully subsidized plans because consumers with fully subsidized plans would not have a financial incentive to drop their Exchange plan when healthy and resume coverage when sick. Nevertheless, we still projected the 150 percent FPL SEP would increase premiums by 3 to 4 percent (89 FR 26405).</P>
                    <P>
                        These conclusions no longer seem valid considering the recent 
                        <E T="03">Conswallo Turner et al.</E>
                         v. 
                        <E T="03">Enhance Health, et al.,</E>
                         litigation, higher numbers of consumer complaints about to unauthorized plan switching and improper enrollments, and a sharp increase in enrollment relative to the population with household income under 150 percent of the FPL in PY 2024. This new information suggests the increase in the portion of Exchange enrollees who report household incomes under 150 percent of the FPL is driven by improper enrollments. In addition, it highlights how the adverse selection issue for the 150 percent FPL SEP does not primarily involve concerns over consumers dropping coverage when healthy and resuming coverage when sick. People already enrolled in fully subsidized plans clearly have little incentive to drop their plan. The adverse selection issue surfaces from people who do not enroll in a fully subsidized plan during the OEP and, instead, wait to enroll when sick. People who wait can avoid enrollment if they never become sick and, therefore, avoid contributing when healthy. Many consumers can also wait and know, if they do become sick, they would qualify for the 150 percent FPL SEP, due to the widespread evidence that millions of people have enrolled in this income level who do not have such household income and are subject to limitations on repayments of excess tax credits.
                    </P>
                    <P>Based on this analysis, we believe the impact of the 150 percent FPL SEP on premiums absent IRA subsidies is less than the 3 to 4 percent we previously projected in the 2025 Payment Notice. After fully accounting for the impact of people not enrolling during the OEP and waiting to enroll until sick, we project the premium impact of the current policy is between 0.5 to 3.6 percent. Based on the premium increase and the increase in improper enrollments which was exacerbated by our previous SEP policy, we do not believe that the benefits of increased access to coverage for low-income consumers outweighs the risk of higher premiums and improper enrollments. In fact, we believe that the costs may exceed the benefits and we encourage commenters and other interested parties to provide comments on the cost impact the 150 percent FPL SEP.</P>
                    <P>
                        We note that improper enrollments resulting from the 150 percent FPL SEP may mitigate premium increases caused by adverse selection from this SEP. Individuals who are unknowingly enrolled through the 150 percent FPL SEP would not file insurance claims and, therefore, would improve the risk pool. While these negative impacts from the 150 percent FPL SEP are related, we do account for them separately in our consideration. The ACA authorizes the Secretary only to require an Exchange to provide for the SEPs listed at sections 1311(c)(6)(C) and (D) of the ACA, and nothing more. Where a statute such as sections 1311(c)(6)(C) and (D) of the ACA provides a list, the “specific and comprehensive statutory list necessarily controls over the [Secretary's] general authorization,” 
                        <SU>128</SU>
                        <FTREF/>
                         such as the one in in sections 1321(a)(1)(A), (B), and (C) of the ACA, which authorizes the Secretary to “issue regulations setting standards for meeting the requirements . . . with respect to” the establishment and operation of Exchanges, the offering of qualified health plans through Exchanges, and “such other requirements as the Secretary determines appropriate.”
                    </P>
                    <FTNT>
                        <P>
                            <SU>128</SU>
                             
                            <E T="03">Texas Med. Ass'n</E>
                             v. 
                            <E T="03">U.S. Dep't of Health and Human Servs.,</E>
                            —F.4th—, 2024 WL 3633795, *8 (Aug. 2, 2024) (citing 
                            <E T="03">Nat'l Pork Producers Council</E>
                             v. 
                            <E T="03">EPA,</E>
                             635 F.3d 738, 753 (5th Cir. 2011); 
                            <E T="03">Texas</E>
                             v. 
                            <E T="03">U.S.,</E>
                             809 F.3d 134, 179, 186 (5th Cir. 2015), aff'd by an equally divided court, 579 U.S. 547 (2016)).
                        </P>
                    </FTNT>
                    <P>Section 1311(c)(6)(C) of the ACA mandates that the Secretary require an Exchange to provide for “special enrollment periods specified in section 9801 of the Code of 1986 and other special enrollment periods under circumstances similar to such periods under part D of title XVIII of the Social Security Act.” The circumstances underlying the 150 percent FPL SEP are dissimilar to the circumstances for Medicare Part D SEPs under section 1860D-1(b)(3) of the Act, which are: involuntary loss of creditable prescription drug coverage; errors in enrollment; exceptional conditions; Medicaid coverage; and discontinuance of a Medicare Advantage Prescription Drug (MA-PD) election during the first year of eligibility. The 150 percent FPL SEP is likewise not one of the SEPs specified in section 9801 of the Code, nor similar to such SEPs.</P>
                    <P>This interpretation aligns with our overall experience regarding the role that enrollment periods play in mitigating adverse selection within the structure of the ACA. We have thoroughly considered our experience with the program before and after the implementation of the 150 percent FPL SEP and assessed the fit between the rationale for this SEP and the policy consequences that flow from it. Based on this expanded body of experience, we believe that Congress was prescient to provide the Secretary with a comprehensive statutory list of SEPs that omitted the 150 percent FPL SEP. We seek comments on this proposal.</P>
                    <P>A commenter on the 2025 Payment Notice (89 FR 26323) also questioned whether it was lawful for HHS to implement the 150 percent FPL SEP. The statute requires a specific set of SEPs that focus on giving people an opportunity to enroll mid-year if they experience a change in their life circumstances, such as a move or the loss of job. In contrast, the 150 percent FPL SEP allows people to enroll at any time during the year based on their existing income, not a change in their income. We request further comment on this proposal.</P>
                    <HD SOURCE="HD3">9. Pre-enrollment Verification for Special Enrollment Period (§ 155.420(g))</HD>
                    <P>
                        We propose to amend § 155.420(g) to reinstate (with modifications) the requirement that Exchanges on the Federal platform must conduct pre-enrollment verification of eligibility of applicants for other categories of individual market SEPs in line with operations prior to the implementation of the 2023 Payment Notice and to eliminate the provision that states that Exchanges on the Federal platform will 
                        <PRTPAGE P="12983"/>
                        conduct pre-enrollment special enrollment verification of eligibility only for special enrollment periods under paragraph (d)(1) of this section.
                        <SU>129</SU>
                        <FTREF/>
                         We propose to further amend § 155.420(g) to require all Exchanges to conduct pre-enrollment verification of eligibility for at least 75 percent of new enrollments through SEPs.
                    </P>
                    <FTNT>
                        <P>
                            <SU>129</SU>
                             Currently, § 155.420(g) provides that Exchanges on the Federal platform will conduct pre-enrollment special enrollment verification of eligibility only for special enrollment periods for loss of minimum essential coverage. Prior to the implementation of the 2023 Payment Notice, Exchanges on the Federal platform conducted manual verification for five SEPs: marriage, adoption, moving to a new coverage area, loss of minimum essential coverage, and Medicaid/CHIP Denial.
                        </P>
                    </FTNT>
                    <P>
                        In the 2018 Payment Notice proposed rule (81 FR 61456, 61502), we expressed a commitment to making sure that SEPs are available to those who are eligible for them and equally committed to avoiding any misuse or abuse of SEPs. To avoid misuse and abuse, we implemented verification processes for SEPs in the Market Stabilization Rule (82 FR 18357 through 18358).
                        <SU>130</SU>
                        <FTREF/>
                         In setting these processes, we acknowledged in the Market Stabilization Rule (82 FR 18357 through 18358) competing concerns over how verification can impact the individual market risk pool and, in turn, impact premium affordability.
                    </P>
                    <FTNT>
                        <P>
                            <SU>130</SU>
                             82 FR 18346.
                        </P>
                    </FTNT>
                    <P>Verification protects the risk pool from ineligible individuals enrolling only after they become sick or otherwise need expensive health care services or medical products/equipment. However, verification can also undermine the risk pool by imposing a barrier to eligible enrollees, which may deter healthier, less motivated individuals from enrolling. After analyzing enrollment and risk pool data against these competing concerns, we believe the current SEP verification requirements do not provide enough protection against misuse and abuse. This negatively impacts both the risk pool and program integrity around determining eligibility for APTC and CSR subsidies. We believe the positive impact of verification on the risk pool far exceeds the potential negative impact on the risk pool. Therefore, we propose to amend § 155.420(g) to remove the provision that limits Exchanges on the Federal platform to conducting pre-enrollment verification for only the loss of minimum essential coverage SEP, which would allow us to reinstate pre-enrollment verification for other SEPs on Exchanges on the Federal platform. We further propose to amend § 155.420(g) to require all Exchanges to conduct pre-enrollment eligibility verification for SEPs.</P>
                    <P>Section 1311(c)(6) of the ACA requires that Exchanges establish enrollment periods, including SEPs for qualified individuals, for enrollment in QHPs. Section 1311(c)(6)(C) of the ACA directs the Secretary to require Exchanges to provide for the SEPs specified in section 9801 of the Code and other SEPs under circumstances similar to such periods under part D of title XVIII of the Act. Section 2702(b)(2) of the PHS Act also directs issuers in the individual and group market to establish SEPs for qualifying events under section 603 of the Employee Retirement Income Security Act of 1974. Section 1321(a)(1)(A) of the ACA and section 2792(b)(3) of the PHS Act directs the Secretary to issue regulations with respect to these requirements.</P>
                    <P>
                        Prior to June 2016, we largely permitted individuals seeking coverage through the Exchanges to self-attest to their eligibility for most SEPs and to enroll in coverage without further verification of their eligibility or without submitting proof of prior coverage. After a GAO undercover testing study of SEPs observed that self-attestation could allow applicants to obtain subsidized coverage they would otherwise not qualify for and then found 9 of 12 of GAO's fictitious applicants were approved for coverage on the Federal and selected State Exchanges, we began implementing policies to curb potential abuses of SEPs.
                        <SU>131</SU>
                        <FTREF/>
                         In 2016 we added warnings on 
                        <E T="03">HealthCare.gov</E>
                         regarding inappropriate use of SEPs. We also eliminated several SEPs and tightened certain eligibility rules.
                        <SU>132</SU>
                        <FTREF/>
                         Also in 2016, we announced retrospective audits of a random sampling of enrollments through SEPs for loss of minimum essential coverage and permanent move, two commonly used SEPs. Additionally, we created the Special Enrollment Confirmation Process under which consumers enrolling through common SEPs were directed to provide documentation to confirm their eligibility.
                        <SU>133</SU>
                        <FTREF/>
                         Finally, we proposed to implement (beginning in June 2017) a pilot program for conducting pre-enrollment verification of eligibility for certain SEPs.
                        <SU>134</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>131</SU>
                             GAO. (2016 Nov.). 
                            <E T="03">Patient Protection and Affordable Care Act: Results of Enrollment Testing for the 2016 Special Enrollment Period,</E>
                             GAO-17-78. 
                            <E T="03">https://www.gao.gov/products/gao-17-78.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>132</SU>
                             CMS. (2016, Feb. 24). 
                            <E T="03">Fact Sheet: Special Enrollment Confirmation Process. https://www.cms.gov/newsroom/fact-sheets/fact-sheet-special-enrollment-confirmation-process.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>133</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>134</SU>
                             CMS. (n.d.). 
                            <E T="03">Pre-Enrollment Verification for Special Enrollment Periods. https://www.cms.gov/cciio/resources/fact-sheets-and-faqs/downloads/pre-enrollment-sep-fact-sheet-final.pdf.</E>
                        </P>
                    </FTNT>
                    <P>
                        In response to the deteriorating stability of the individual health insurance market leading into PY 2017, we implemented the Market Stabilization Rule (82 FR 18355 through 18356) in 2017 which sidestepped the pilot program and, instead, took quick action to require pre-enrollment verification for most SEPs. Understanding the potential for verifications to deter eligible people from enrolling, we studied the initial consumer experience with this pre-enrollment verification process and published our findings in 2018.
                        <SU>135</SU>
                        <FTREF/>
                         For PY 2017, this report showed that we averaged a response time of 1-to-3 days to review consumer-submitted documents. In addition, the vast majority (over 90 percent) of SEP applicants who made a plan selection and were required to submit documents to complete enrollment were able to successfully verify their eligibility for the SEP. We conducted additional research for the following plan years through 2021. Based on data from PY 2019, the last year prior to the PHE which greatly impacted SEPV processing, the majority of consumers (73 percent) were able to submit documents within 14 days of their SEP verification issue (SVI) being generated. Also, we found that the majority of consumers (63 percent) were able to fully resolve their SVI within 14 days of it being generated. That resolution percentage increases to 86 percent by 30 days.
                        <SU>136</SU>
                        <FTREF/>
                         We also found that for PY 2019, only approximately 14 percent or 75,500 individuals were unable to resolve their SVI out of the total population of SEP consumers who received an SVI.
                    </P>
                    <FTNT>
                        <P>
                            <SU>135</SU>
                             CMS. (2018, July 2). 
                            <E T="03">The Exchanges Trends Report. https://www.cms.gov/CCIIO/Programs-and-Initiatives/Health-Insurance-Marketplaces/Downloads/2018-07-02-Trends-Report-3.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>136</SU>
                             More consumers resolve passed 30 days due to extensions that they are eligible to receive.
                        </P>
                    </FTNT>
                    <P>
                        In the 2023 Payment Notice (87 FR 27278), we noted that pre-enrollment verification can also negatively impact the risk pool. At that time, we did not analyze the experience of people applying for SEPs to assess the impact on the risk pool. Rather, it was our perception that the extra step required by verification can deter eligible consumers from enrolling in coverage through an SEP, which in turn, can negatively impact the risk pool because younger, often healthier, consumers submit acceptable documentation to verify their SEP eligibility at much lower rates than older consumers. To mitigate this potential negative impact on the risk pool and streamline the 
                        <PRTPAGE P="12984"/>
                        consumer experience, we then eliminated pre-enrollment verification for every SEP with the exception of the SEP for new consumers who attest to losing minimum essential coverage.
                    </P>
                    <P>Since the implementation of pre-enrollment verification for SEPs in the Market Stabilization Rule, we continue to monitor pre-enrollment verification to determine its impact, including on enrollments by different groups of individuals affected by the process. After three years of experience applying pre-enrollment verification to only the SEP for losing minimum essential coverage, we reviewed whether this policy achieves the right balance between reducing enrollment barriers and protecting against abuse and misuse of SEPs. This review shows the prior use of pre-enrollment verification for all SEPs achieved the better balance. As noted previously in this section, our initial review of pre-enrollment verification during PY 2017 did not find any substantial enrollment barrier. We applied this same analysis to PY 2018 and PY 2019 before the COVID-19 PHE changed patterns of the SEP use and found pre-enrollment verification continued to not present any substantial enrollment barrier. We also compared the use of SEPs before and after the implementation of pre-enrollment verification for PY 2017. This comparison revealed a substantial shift to SEPs that were not subject to pre-enrollment verification that required consumers to submit documentation, suggesting agents, brokers, and people had been previously abusing SEPs and shifted to special enrollment that did not require document submissions to continue this potential abuse of SEPs.</P>
                    <P>
                        When we sought feedback on the proposal to reduce pre-enrollment verification for SEPs in PY 2023 in the 2023 Payment Notice (88 FR 27278 through 27279), one commenter pointed out that data from the HHS-operated risk adjustment model, specifically the factors related to partial-year enrollments, showed a significant decrease in the negative impact of these enrollments on the overall risk pool from 2017 to 2022.
                        <SU>137</SU>
                        <FTREF/>
                         This suggests that individuals who enroll for only part of the year—who are more likely to use SEPs—now pose a smaller risk to the insurance pool than they did in the past. The commenter concluded that a likely factor is that fewer people are abusing SEPs to wait to get coverage until they need care due to pre-enrollment SEP verification. Another commenter noted how loss ratios for SEP enrollments, as compared to OEP enrollments, increased after pre-enrollment verifications were relaxed during the COVID-19 public health emergency.
                        <SU>138</SU>
                        <FTREF/>
                         We reviewed enrollment patterns and found there was a substantial increase in the enrollment duration after the implementation of pre-enrollment verification for all SEPs, which adds another data point suggesting pre-enrollment verification helped encourage continuous enrollment by making it more difficult to engage in strategic enrollment and disenrollment. Consistent with the comment to the 2023 Payment Notice, partial year enrollment factors did improve after PY 2017. Issuer-level enrollment data similarly shows a decline in the percent of disenrollments as a percent of total enrollments from about 20 percent in PY 2017 to about 12 percent in PY 2019.
                        <SU>139</SU>
                        <FTREF/>
                         After we reduced pre-enrollment verification for SEPs for PY 2023, the average number of months enrolled per consumer declined from 4.5 months in PY 2022 to 4.3 months in PY 2023.
                        <SU>140</SU>
                        <FTREF/>
                         While this decline may be due, in part, to an increase in mid-year enrollments from people being disenrolled from Medicaid after the Medicaid continuous enrollment condition ended on April 1, 2023, it may also be linked to the reduction in pre-enrollment verification for SEPs.
                    </P>
                    <FTNT>
                        <P>
                            <SU>137</SU>
                             Comment ID CMS-2021-0196-0196, 01/27/2022 available at 
                            <E T="03">https://www.regulations.gov/comment/CMS-2021-0196-0196</E>
                            .
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>138</SU>
                             Comment ID CMS-2021-0196-0222, 01/27/2022 available at 
                            <E T="03">https://www.regulations.gov/comment/CMS-2021-0196-0222</E>
                            .
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>139</SU>
                             Derived from issuer enrollment data, CMS. (2024, Sept. 10). 
                            <E T="03">Issuer Enrollment Data. https://www.cms.gov/marketplace/resources/data/issuer-level-enrollment-data</E>
                            .
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>140</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <P>
                        We acknowledge pre-enrollment verification can deter eligible consumers from enrolling in coverage through an SEP because of the burden of document verification. However, as noted previously, our prior analyses show the verification process does not impose a substantial burden and therefore should not be a barrier to enrollment. We also note that documentation to verify SEPs is generally easy for applicants to access and provide to Exchanges. Applicants should have ready access to official documents acknowledging employer separations, loss of minimum essential coverage, marriage, divorce, births, adoptions, death, gaining lawful presence or citizenship certificates, a new address, or a release from incarceration. Pre-Enrollment SEP Verification takes place simultaneously with the consumer's SEP timeline on the Federal platform currently. This means that Pre-Enrollment SEP Verification takes place while the consumer's SEP timeline is running.
                        <SU>141</SU>
                        <FTREF/>
                         Typically, the SEP window on the Exchanges on the Federal platform is 60 days from when a consumer experiences a qualifying event and a Special Enrollment Period Verification Issue (SVI) is triggered when a consumer selects a plan during that timeframe.
                    </P>
                    <FTNT>
                        <P>
                            <SU>141</SU>
                             Descriptions and information on the length of SEPs can be found at 45 CFR 155.420(c).
                        </P>
                    </FTNT>
                    <P>
                        In addition, we previously found younger people submit acceptable documentation to verify their SEP eligibility at lower rates than older consumers, which can negatively impact the risk pool as younger consumers use less health care on average.
                        <SU>142</SU>
                        <FTREF/>
                         While successful submission rates might be lower for younger people, the overall effect on the risk pool is minimal because it is a very small number of younger enrollees relative to older enrollees. This small impact on the total enrollment among younger people from SEPs would not lead to a meaningful increase in the proportion of young people enrolled and, as a result, not lead to a meaningful improvement to the risk pool. Therefore, we expect any negative impact on the risk pool would be minimal and substantially outweighed by the reductions in people misusing and abusing SEPs.
                    </P>
                    <FTNT>
                        <P>
                            <SU>142</SU>
                             This statistic is based on SEPV resolution data from PY 2019.
                        </P>
                    </FTNT>
                    <P>
                        The weight of the data analysis presented here shows how the implementation of pre-enrollment verification for applicable SEPs reduced misuse and abuse of SEPs without deterring eligible people from enrolling in coverage in a measurable way. This improves the risk pool by restricting people from gaming SEPs to wait to enroll until they need health care services. An improved risk pool lowers premiums which, in turn, makes health coverage more affordable for unsubsidized enrollees and lowers the average APTC by lowering the average premium for the benchmark plan used to set APTC. Moreover, pre-enrollment verification for SEPs strengthens program integrity by denying ineligible enrollments and discouraging ineligible enrollees who know they cannot meet verification standards from attempting to enroll which, in turn, reduces Federal subsidies to ineligible consumers who would otherwise enroll and receive APTC and CSR subsidies. Consequently, this proposal would reduce Federal expenditures by both lowering the average APTC paid due to a reduction in the benchmark plan premium used to calculate APTC and reducing the number of ineligible people who would otherwise improperly enroll in APTC- 
                        <PRTPAGE P="12985"/>
                        and CSR-subsidized coverage. Therefore, we propose to amend § 155.420(g) to remove the limitation on Exchanges on the Federal platform to conduct pre-enrollment verification for only the loss of minimum essential coverage special enrollment and also reinstate (with modifications) pre-enrollment verification requirement for other categories of SEPs.
                    </P>
                    <P>In implementing pre-enrollment verifications for SEPs in the Market Stabilization Rule (82 FR at 18356), HHS did not require that all Exchanges conduct SEP verifications, in order to allow State Exchanges to determine the most appropriate way to ensure the integrity of the SEPs. Currently, all State Exchanges have flexibility under § 155.420(g) to conduct pre-enrollment verification of SEPs. Based on our analysis of the data showing how SEP verifications successfully encouraged continuous enrollment on Exchanges on the Federal platform, we believe State Exchange enrollments would benefit from implementing a similar policy.</P>
                    <P>We also believe State Exchanges now have more experience with conducting SEP verifications, which would make broader implementation less burdensome than before. We welcome comments regarding this proposal including State Exchanges' expectations regarding the time and expense needed to comply. Currently, all but four State Exchanges conduct either pre- or post-enrollment verification of at least one special enrollment type, and most State Exchanges had previously implemented a process to verify the vast majority of SEPs requested by consumers. Therefore, we propose to amend § 155.420(g) to require all Exchanges to conduct eligibility verification for SEPs.</P>
                    <P>We also propose to require that Exchanges, including all State Exchanges, conduct SEP verification for at least 75 percent of new enrollments through SEPs for consumers not already enrolled in coverage through the applicable Exchange. We are proposing that Exchanges must verify at least 75 percent of such new enrollments based on the current volume of SEP verification by Exchanges. The 75 percent threshold was chosen since we believe that most States would be able to meet this threshold by verifying at least their two or three largest SEP types based on current SEP volumes. If the Exchange is unable to verify the consumer's eligibility for enrollment through the SEP, then the consumer is not eligible for enrollment through the Exchange under that SEP, and any plan selection under that SEP would have to be canceled. Should an enrollment under an SEP for which eligibility cannot be verified become effectuated, the enrollment through the Exchange may be terminated in accordance with § 155.430(b)(2)(i). If an Exchange chooses to pend a plan selection prior to enrollment, and the Exchange cannot verify eligibility for the SEP, then the consumer would be found ineligible for the SEP, and the plan selection would not result in an enrollment. The determination of how many enrollments would constitute 75 percent would be required to be based on enrollment through all SEPs. This would provide Exchanges with implementation flexibility so they can continue to decide which special enrollment types to verify and the best way to conduct that verification. Exchanges would not be required to verify eligibility for all SEPs, since the cost to verify eligibility for SEP triggering events with very low volumes could be greater than the benefit of verifying eligibility for them.</P>
                    <P>
                        While we propose to eliminate the current flexibility Exchanges have under § 155.420(g) to provide exceptions to SEP verification processes, we continue certain flexibilities that State Exchanges currently have to design eligibility verification processes that are appropriate for their market and Exchange consumers, such that State Exchanges may have such flexibility in their approaches for meeting the requirement proposed at § 155.420(g) to verify eligibility for an SEP. Specifically, under § 155.315(h), State Exchanges have the flexibility to propose alternative methods for conducting required verifications to determine eligibility for enrollment in a QHP under subpart D, such that the alternative methods proposed reduce the administrative costs and burdens on individuals while maintaining accuracy and minimizing delay. We propose to use the existing authority at § 155.315(h) to allow State Exchanges to request HHS approval for use of alternative processes for verifying eligibility for SEPs as part of determining eligibility for SEPs under § 155.305(b).
                        <SU>143</SU>
                        <FTREF/>
                         This would allow, for instance, the State Exchanges that have administrative burden and cost concerns the option to coordinate with HHS to devise and agree upon the best approach for SEP verification for their specific population. We recognize that State Exchanges may vary in their approach and technical capabilities relating to verification of SEPs and may need additional time to implement this requirement. Therefore, we are proposing to allow Exchanges until PY 2026 to implement SEP verification. We welcome comment on this topic and suggestions to alleviate this concern.
                    </P>
                    <FTNT>
                        <P>
                            <SU>143</SU>
                             Such requests would be made through the State-based Marketplace Annual Reporting Tool (SMART; OMB Control Number 0938-1244).
                        </P>
                    </FTNT>
                    <P>We seek comment on these proposals. With respect to SEP verification, we seek comment from States about the 75 percent verification threshold and whether it should be based on past year SEP enrollments or some other appropriate metric such as future year projections understanding that unforeseen events may occur that may drive up or down enrollments from year-to-year. We also understand that State Exchanges have matured and that even smaller State Exchanges may find applying pre-verification to all new enrollments through SEPs less burdensome than the first time we proposed this policy. Therefore, we also invite comment on whether State Exchanges believe it to be feasible to apply pre-enrollment verification to enrollments through SEPs beyond the stated 75 percent in alignment with our proposed goal for Exchanges on the Federal platform.</P>
                    <HD SOURCE="HD2">C. Part 156—Health Insurance Issuer Standards Under the Affordable Care Act, Including Standards Related to Exchanges</HD>
                    <HD SOURCE="HD3">1. Prohibition on Coverage of Sex-Trait Modification as an EHB (§ 156.115(d))</HD>
                    <P>We propose to amend § 156.115(d) to provide that issuers of non-grandfathered individual and small group market health insurance coverage—that is, issuers of coverage subject to EHB requirements—may not provide coverage for sex-trait modification as an EHB beginning with PY 2026.</P>
                    <P>
                        Section 1302(a) of the ACA provides for the establishment of an EHB package that includes coverage of EHB (as defined by the Secretary of HHS), cost-sharing limits, and AV requirements. Among other things, the law directs that the scope of the EHB be equal in scope to the benefits provided under a typical employer plan and that they include at least the 10 general categories outlined in the statute and the items and services covered within those categories.
                        <SU>144</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>144</SU>
                             See section 1302(b)(2)(A) of the ACA. See also section 1302(b)(1) of the ACA, delineating the 10 general categories of EHB: ambulatory patient services; emergency services; hospitalization; maternity and newborn care; mental health and substance use disorder services, including behavioral health treatment; prescription drugs; rehabilitative and habilitative services and devices; laboratory services; preventive and wellness services and chronic disease management; and pediatric services, including oral and vision care.
                        </P>
                    </FTNT>
                    <P>
                        Section 156.115(d) currently provides that for plan years beginning on or before January 1, 2026, an issuer of a 
                        <PRTPAGE P="12986"/>
                        plan offering EHB may not include routine non-pediatric dental services, routine non-pediatric eye exam services, long-term/custodial nursing home care benefits, or non-medically necessary orthodontia as EHB; and, for plan years beginning on or after January 1, 2027, an issuer of a plan offering EHB may not include routine non-pediatric eye exam services, long-term/custodial nursing home care benefits, or non-medically necessary orthodontia as EHB. In the EHB Rule (78 FR 12845), we stated that routine non-pediatric dental services are not typically included in the medical plans offered by employers and are often provided as excepted benefits by the employer. We accordingly proposed and finalized the rule prohibiting issuers from covering these services as EHB.
                        <E T="51">145 146</E>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>145</SU>
                             78 FR 12845.
                        </P>
                        <P>
                            <SU>146</SU>
                             In the 2025 Payment Notice (89 FR at 26343), we removed routine non-pediatric dental services from § 156.115(d).
                        </P>
                    </FTNT>
                    <P>
                        On January 20, 2025, President Trump issued Executive Order 14168, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” (E.O. 14168) that requires agencies to “take all necessary steps, as permitted by law, to end the Federal funding of gender ideology.” Then, on January 28, 2025, President Trump issued Executive Order 14187, “Protecting Children From Chemical and Surgical Mutilation” (E.O. 14187) that directs the Secretary of HHS to take all appropriate actions consistent with applicable law to end the chemical and surgical mutilation of children. The phrase “chemical and surgical mutilation” in E.O. 14187 means the use of puberty blockers, sex hormones, and surgical procedures that attempt to transform an individual's physical appearance to align with an identity that differs from his or her sex or that attempt to alter or remove an individual's sexual organs to minimize or destroy their natural biological functions. As noted in the definition of “chemical and surgical mutilation” in E.O. 14187, this phrase sometimes is referred to as “gender affirming care,” and is referred to in this proposed rule as “sex-trait modification.” For purposes of this definition, the term “sex” is a person's immutable biological classification as either male or female; the term “female” is a person of the sex characterized by a reproductive system with the biological function of producing eggs (ova); and the term “male” is a person of the sex characterized by a reproductive system with the biological function of producing sperm.
                        <SU>147</SU>
                        <FTREF/>
                         Because coverage of sex-trait modification is not typically included in employer-sponsored plans, and EHB must be equal in scope to a typical employer plan, we propose to add “sex-trait modification” to the list of items and services that may not be covered as EHB beginning in PY 2026.
                    </P>
                    <FTNT>
                        <P>
                            <SU>147</SU>
                             Office of Women's Health (2025, Feb. 19). 
                            <E T="03">Sex-Based Definitions.</E>
                             Dep't of Health and Human Services. Retrieved March 6, 2025, from 
                            <E T="03">https://womenshealth.gov/article/sex-based-definitions.</E>
                        </P>
                    </FTNT>
                    <P>Although the fact that sex-trait modification is not typically included in employer-sponsored plans is an independent, sufficient, and legally compelled reason for this rule, the agency acknowledges recent executive orders that have been subject to preliminary injunctions. The agency makes this proposal independently of the executive orders because sex-trait modification is not typically included in employer health plans and therefore cannot legally be covered as EHB. The agency acknowledges that two courts have issued preliminary injunctions relating to the executive orders described above, and the agency does not rely on the enjoined sections of the executive orders in making this proposal.</P>
                    <P>
                        In particular, the United States District Court for the Western District of Washington has issued a preliminary injunction that enjoined defendant agencies “from enforcing or implementing section 4 of Executive Order 14187 within the Plaintiff States,” as well as “sections 3(e) or 3(g) of Executive Order 14168 to condition or withhold Federal funding based on the fact that a health care entity or health professional provides gender-affirming care within the Plaintiff States.” 
                        <E T="03">Washington</E>
                         v. 
                        <E T="03">Trump,</E>
                         No. 2:25-CV-00244-LK, 2025 WL 659057, at *28 (W.D. Wash. Feb. 28, 2025). The United States District Court for the District of Maryland has issued a preliminary injunction that enjoins the Federal defendants in that case “from conditioning, withholding, or terminating Federal funding under section 3(g) of Executive Order 14168 and section 4 of Executive Order 14187, based on the fact that a healthcare entity or health professional provides gender-affirming medical care to a patient under the age of nineteen” and required a written notice “instruct[ing] the aforementioned groups that Defendants may not take any steps to implement, give effect to, or reinstate under a different name the directives in section 3(g) of Executive Order 14168 or section 4 of Executive Order 14187 that condition or withhold Federal funding based on the fact that a healthcare entity or health professional provides gender-affirming medical care to a patient under the age of nineteen.” 
                        <E T="03">PFLAG, Inc.</E>
                         v. 
                        <E T="03">Trump,</E>
                         No. CV 25-337-BAH, 2025 WL 685124, at *33 (D. Md. Mar. 4, 2025). If finalized, the rule proposed here would not conflict with those preliminary injunctions because, among other things, it would be based on independent legal authority and reasons and not the enjoined sections of the executive orders. In any event, any final rule on this issue would not be effective until PY 2026, and would not be implemented, made effective, or enforced in contravention of any court orders.
                    </P>
                    <P>
                        With regard to whether or not sex-trait modification is typically included in an employer-sponsored plan, we are aware that employer-sponsored plans often exclude coverage for some or all sex-trait modification, and it is our understanding that these exclusions may include use of puberty blockers, sex hormones, and surgical procedures identified in E.O. 14187. This includes many small group plans that do not cover such services; we note that 42 States chose or defaulted to small group plans as their EHB-benchmark plan selections in 2014 and 2017.
                        <SU>148</SU>
                        <FTREF/>
                         In addition, of those employer-sponsored plans that do cover sex-trait modification, these EHB-benchmark plan documents would indicate that there is inconsistency nationwide with respect to the scope of benefits included. The infrequent and inconsistent coverage of such benefits is also apparent in the treatment of sex-trait modification by the States and territories, which provides further support that coverage of these benefits is not typical: our understanding is that the majority of States and territories do not include coverage for sex-trait modification in State employee health benefit plans or mandate its coverage in private health insurance coverage.
                        <SU>149</SU>
                        <FTREF/>
                         In addition, 12 States and 5 territories do not mention or have no clear policy regarding sex-trait modification in their employee health benefit plans, and 14 States explicitly exclude sex-trait modification from their State employee health benefit plans.
                        <SU>150</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>148</SU>
                             CMS. (2016, April 8). 
                            <E T="03">Final List of BMPs. https://www.cms.gov/cciio/resources/data-resources/downloads/final-list-of-bmps_4816.pdf</E>
                            .
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>149</SU>
                             Movement Advancement Project. 2025. “Equality Maps: Healthcare Laws and Policies.” 
                            <E T="03">https://www.mapresearch.org/equality-maps/healthcare_laws_and_policies.</E>
                             Accessed Feb. 23, 2025.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>150</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <P>
                        We believe that coverage of sex-trait modification may be sparse among 
                        <PRTPAGE P="12987"/>
                        typical employer plans because the rate of individuals utilizing sex-trait modification is very low; less than 1 percent of the U.S. population seeks forms of sex-trait modification; 
                        <SU>151</SU>
                        <FTREF/>
                         this low utilization is apparent in the External Data Gathering Environment (EDGE) limited data set.
                        <SU>152</SU>
                        <FTREF/>
                         In this data set, which encompasses the majority of health insurance enrollees covered outside of large group plans, approximately 0.11 percent of enrollees in non-grandfathered individual and small group market plans utilized sex-trait modification during PYs 2022 and 2023.
                        <SU>153</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>151</SU>
                             See, Hughes, L.; Charlton, B.; Berzansky, I.; et. al. (2025, Jan. 6). Gender-Affirming Medications Among Transgender Adolescents in the US, 2018-2022. 
                            <E T="03">JAMA Pediatr.</E>
                             179(3):342-344. 
                            <E T="03">https://jamanetwork.com/journals/jamapediatrics/fullarticle/2828427;</E>
                             see also, Dai, D.; Charlton, B.; Boskey, E.; et. al. (2024, June 27). Prevalence of Gender-Affirming Surgical Procedures Among Minors and Adults in the US. 
                            <E T="03">JAMA Netw Open.</E>
                             7(6):e2418814. 
                            <E T="03">https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2820437.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>152</SU>
                             The EDGE limited data set contains certain masked enrollment and claims data for on- and off-Exchange enrollees in risk adjustment covered plans in the individual and small group (including merged) markets, in States where HHS operated the risk adjustment program required by section 1343 of the ACA, and is derived from the data collected and used for the HHS-operated risk adjustment program.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>153</SU>
                             See 
                            <E T="03">https://www.cms.gov/data-research/files-order/limited-data-set-lds-files/enrollee-level-external-data-gathering-environment-edge-limited-data-set-lds.</E>
                             To request the EDGE limited data set, refer to the instructions at 
                            <E T="03">https://www.cms.gov/data-research/files-for-order/limited-data-set-lds-files.</E>
                        </P>
                    </FTNT>
                    <P>We note that nothing in this proposal would prohibit health plans from voluntarily covering sex-trait modification as a non-EHB consistent with applicable State law, nor would it prohibit States from requiring the coverage of sex-trait modification, subject to the rules related to State-mandated benefits at § 155.170.</P>
                    <P>
                        We are also aware that some stakeholders do not believe that sex-trait modification services fit into any of the 10 categories of EHB and, therefore, do not fit within the EHB framework even if some employers cover such services.
                        <SU>154</SU>
                        <FTREF/>
                         As discussed later, the items and services that comprise sex-trait modification are performed to align or transform an individual's physical appearance with an identity that differs from his or her sex. We are also concerned about the scientific integrity of claims made to support their use in health care settings. As such, we seek comment on whether it would be appropriate to exclude sex-trait modification as an EHB.
                    </P>
                    <FTNT>
                        <P>
                            <SU>154</SU>
                             EHB categories defined in Section 1302(b) are ambulatory patient services, emergency services, hospitalization, maternity and newborn care, mental health and substance use disorders—including behavioral health treatment, prescription drugs, rehabilitative and habilitative services and devices, laboratory services, preventive and wellness services and chronic disease management, and pediatric services including oral and vision care.
                        </P>
                    </FTNT>
                    <P>Consistent with the other listed benefits that issuers must not cover as an EHB at § 156.115(d), we are not proposing a definition of “sex-trait modification.” However, we solicit comment on whether we should adopt a formal definition of “sex-trait modification,” whether there are current issuer standards with regards to what is considered “sex trait modification”; and how such a definition could best account for the items and services currently covered or excluded as sex-trait modification by plans subject to the EHB requirement.</P>
                    <P>We also recognize that there are some medical conditions, such as precocious puberty, or therapy subsequent to a traumatic injury, where items and services that are also used for sex-trait modification may be appropriate. We seek comments regarding whether we should define explicit exceptions to permit the coverage of such items and services as EHB for other medical conditions, and what those conditions are, for potential inclusion in finalizing as part of this rule.</P>
                    <P>Pursuant to § 155.170(a)(2), a covered benefit in a State's EHB-benchmark plan is considered an EHB. There is no obligation for the State to defray the cost of a State mandate enacted after December 31, 2011, that requires coverage of a benefit covered in the State's EHB-benchmark plan. If a State mandates coverage of a benefit that is in its EHB-benchmark plan, the benefit will continue to be considered EHB and the State will not have to defray the costs of that mandate. However, if at a future date the State updates its EHB-benchmark plan under § 156.111 and removes the mandated benefit from its EHB-benchmark plan, the State may have to defray the costs of the benefit under the factors set forth at § 155.170 as it will no longer be an EHB after its removal from the EHB-benchmark plan.</P>
                    <P>
                        There are some State EHB-benchmark plans that currently cover sex-trait modification as an EHB. Other State EHB benchmark plans provide coverage for sex-trait modification, but do not explicitly mention sex-trait modification or any similar term.
                        <SU>155</SU>
                        <FTREF/>
                         If this proposal is finalized as proposed, health insurance issuers will be prohibited from providing coverage for sex-trait modification as an EHB in any State beginning in PY 2026. If any State separately mandates coverage for sex-trait modification outside of its EHB-benchmark plan, the State would be required to defray the cost of that State mandated benefit as it would be considered in addition to EHB pursuant to § 155.170. However, if any such State does not separately mandate coverage of sex-trait modification outside of its EHB-benchmark plan, there would be no defrayal obligation. States may consider mandating coverage of sex-trait modification in the future, in which case defrayal obligations at § 155.170 would apply, and CMS would enforce the defrayal obligations appropriately. Further, issuers in States in which sex-trait modification is currently an EHB would also be prohibited from covering it as an EHB beginning in PY 2026. However, they may opt to continue covering sex-trait modification consistent with applicable State law, but not as an EHB. We seek comment on whether additional program integrity measures are necessary to ensure Federal subsidies do not continue to fund sex-trait modification if this proposal is finalized.
                    </P>
                    <FTNT>
                        <P>
                            <SU>155</SU>
                             The EHB-benchmark plans for California, Colorado, New Mexico, Vermont, and Washington specifically include coverage of some sex-trait modification. The EHB-benchmark plans of six other States do not expressly include or exclude coverage of sex-trait modification. The EHB-benchmark plans of 40 States include language that excludes coverage of sex-trait modification.
                        </P>
                    </FTNT>
                    <P>Lastly, we seek comment on the proposed effective date of this proposal. We are proposing PY 2026 as the beginning effective date for when issuers subject to EHB requirements would be prohibited from covering sex-trait modification as an EHB. We seek comment specifically on the impact that this proposal would have, if finalized, on health insurance coverage in the individual, small group, and large group markets for PY 2026, or whether an earlier or later effective date is justified.</P>
                    <P>We seek comment on this proposal.</P>
                    <HD SOURCE="HD3">2. Premium Adjustment Percentage (§ 156.130(e))</HD>
                    <P>
                        We propose to update the premium adjustment percentage methodology to establish a premium growth measure that captures premium changes in the individual market in addition to employer-sponsored insurance (ESI) premiums for PY 2026 and beyond. Based on the proposed update to the premium adjustment methodology, we propose values for the PY 2026 premium adjustment percentage, maximum annual limitation on cost sharing, reduced maximum annual limitations on cost sharing, and required contribution percentage. If this proposal is finalized as proposed, the values for the PY 2026 premium adjustment percentage, maximum annual limitation 
                        <PRTPAGE P="12988"/>
                        on cost sharing, reduced maximum annual limitations on cost sharing, and required contribution percentage proposed in this rule would supersede the values published in the guidance document “Premium Adjustment Percentage, Maximum Annual Limitation on Cost Sharing, Reduced Maximum Annual Limitation on Cost Sharing, and Required Contribution Percentage for the 2026 Benefit Year” published on CMS' website on October 8, 2024 (October 2024 PAPI Guidance).
                        <SU>156</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>156</SU>
                             See CMS. (2024, Oct. 8). 
                            <E T="03">Premium Adjustment Percentage, Maximum Annual Limitation on Cost Sharing, Reduced Maximum Annual Limitation on Cost Sharing, and Required Contribution Percentage for the 2026 Benefit Year. https://www.cms.gov/files/document/2026-papi-parameters-guidance-2024-10-08.pdf.</E>
                        </P>
                    </FTNT>
                    <P>Section 1302(c)(4) of the ACA directs the Secretary to determine an annual premium adjustment percentage, the measure of premium growth that is used to set the rate of increase for the following three parameters: (1) the maximum annual limitation on cost sharing (defined at § 156.130(a)); (2) the required contribution percentage used to determine eligibility for certain exemptions under section 5000A of the Code (defined at § 155.605(d)(2)(iii)); and (3) the employer shared responsibility payment amounts under section 4980H(a) and (b) of the Code (see section 4980H(c)(5) of the Code). Section 1302(c)(4) of the ACA and § 156.130(e) provide that the premium adjustment percentage is the percentage (if any) by which the average per capita premium for health insurance coverage for the preceding calendar year exceeds such average per capita premium for health insurance for 2013. Section 156.130(e) also provides that this percentage will be published in guidance in January of the calendar year preceding the benefit year for which the premium adjustment percentage is applicable, unless HHS proposes changes to the methodology, in which case, HHS will publish the annual premium adjustment percentage in an annual HHS notice of benefit and payment parameters or another appropriate rulemaking.</P>
                    <P>The 2015 Payment Notice (79 FR 13744) and 2015 Market Standards Rule (79 FR 30240) established a methodology for estimating the average per capita premium for purposes of calculating the premium adjustment percentage for PY 2015 and beyond. Beginning with PY 2015, the premium adjustment percentage was calculated based on the estimates and projections of average per enrollee ESI premiums from the NHEA, which are calculated by the CMS Office of the Actuary. In the 2015 Payment Notice proposed rule (78 FR 72359 through 72361), we proposed that the premium adjustment percentage be calculated based on the projections of average per enrollee private health insurance premiums from the NHEA. Based on comments received, we finalized in the 2015 Payment Notice (79 FR 13801 through 13804) use of per enrollee ESI premiums from the NHEA in the premium adjustment percentage methodology. We finalized use of per enrollee ESI premiums because these premiums reflected trends in health care costs without being skewed by individual market premium fluctuations resulting from the early years of implementation of the ACA market rules. However, recognizing that ESI premiums did not comprehensively reflect premiums for the entire market, we noted in the 2015 Payment Notice (79 FR 13801 through 13804) that we may propose to change our methodology after the initial years of implementation of the market rules, once the premium trend is more stable.</P>
                    <P>In the 2020 Payment Notice proposed rule (84 FR 285 through 289), we noted that we believed the premium trend in the individual market had stabilized and, therefore, proposed to change the premium adjustment percentage methodology to comprehensively reflect premium changes across all affected markets as we had suggested in the 2015 Payment Notice (79 FR 13801 through 13804). Based on the general trend of stabilizing premiums and our conclusion that including individual market premium changes going forward would more accurately reflect true premium growth, in the 2020 Payment Notice (84 FR 17537 through 17541), we finalized the proposal to use per enrollee private health insurance premiums from the NHEA (excluding Medigap and property and casualty insurance) in the premium adjustment percentage calculation.</P>
                    <P>
                        In the 2022 Payment Notice proposed rule (85 FR 78633 through 78635), we proposed a premium adjustment percentage using the methodology adopted in the 2020 Payment Notice (84 FR 17537 through 17541). In addition, we proposed to amend § 156.130(e) to, beginning with PY 2023, set the premium adjustment percentage in guidance separate from the annual notice of benefit and payment parameters, unless we were to propose a change to the methodology for calculating the parameters, in which case, we would do so through notice-and-comment rulemaking. We finalized this latter proposal in part 2 of the 2022 Payment Notice (86 FR 24237 through 24238). Although we did not propose to change the methodology for calculating the premium adjustment percentage in this proposed rule, we finalized a new methodology in part 2 of the 2022 Payment Notice (86 FR 24233 through 24237) that readopted the measure of premium growth for PY 2022 and beyond using the NHEA projections of average per enrollee ESI premium, which was the methodology used for PY 2015 through PY 2019. Although we did not propose to change the methodology in the 2022 Payment Notice proposed rule, we nonetheless received comments requesting that we revert to the use of the NHEA ESI premium measure to estimate premium growth. We finalized this change after concluding it was consistent with the will and interest of interested parties and would mitigate the uncertainty regarding premium growth during the COVID-19 PHE. Additionally, we concluded that this methodology aligned with the policy objectives in the January 28, 2021 Executive Order on Strengthening the Affordable Care Act and Medicaid (86 FR 7793) 
                        <SU>157</SU>
                        <FTREF/>
                         and the ARP,
                        <SU>158</SU>
                        <FTREF/>
                         which both emphasized making health coverage accessible and affordable for consumers of all income levels.
                    </P>
                    <FTNT>
                        <P>
                            <SU>157</SU>
                             We note that the January 20, 2025 Executive Order on Initial Rescissions of Harmful Executive Orders and Actions (90 FR 8237) revoked Executive Order 14009 of January 28, 2021 (Strengthening Medicaid and the Affordable Care Act).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>158</SU>
                             ARP, Public Law 117-2.
                        </P>
                    </FTNT>
                    <P>
                        Because the COVID-19 PHE has ended 
                        <SU>159</SU>
                        <FTREF/>
                         and should no longer impact the premium adjustment percentage, and because evidence described below now suggests that the COVID-19 PHE did not impact premiums as we anticipated in part 2 of the 2022 Payment Notice (86 FR 24233 through 24237), we now propose to revert to the methodology for calculating the premium adjustment percentage that we established in the 2020 Payment Notice (84 FR 17537 through 17541). Specifically, we propose to calculate the premium adjustment percentage for PY 2026 and beyond using an adjusted private individual and group market health insurance premium measure, which is similar to NHEA's private health insurance premium measure.
                        <SU>160</SU>
                        <FTREF/>
                         NHEA's private health insurance premium measure includes premiums 
                        <PRTPAGE P="12989"/>
                        for ESI, “direct purchase insurance,” which includes individual market health insurance purchased directly by consumers from health insurance issuers, both on and off the Exchanges, Medigap insurance, and the medical portion of accident insurance (“property and casualty” insurance). The measure we propose to use includes NHEA estimates and projections of ESI and direct purchase insurance premiums, but would exclude premiums for Medigap and property and casualty insurance (we refer to the proposed measure as “private health insurance (excluding Medigap and property and casualty insurance),” consistent with the approach finalized in the 2020 Payment Notice (84 FR 17537 through 17541).
                    </P>
                    <FTNT>
                        <P>
                            <SU>159</SU>
                             HHS. (2023, May 11). 
                            <E T="03">HHS Secretary Xavier Becerra Statement on End of the COVID-19 Public Health Emergency. https://public3.pagefreezer.com/browse/HHS.gov/02-01-2024T03:56/https://www.hhs.gov/about/news/2023/05/11/hhs-secretary-xavier-becerra-statement-on-end-of-the-covid-19-public-health-emergency.html.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>160</SU>
                             See Table 17 of the “NHE Projections—Tables (ZIP)” link available at 
                            <E T="03">https://www.cms.gov/data-research/statistics-trends-and-reports/national-health-expenditure-data/projected.</E>
                        </P>
                    </FTNT>
                    <P>
                        We are proposing to exclude Medigap and property and casualty insurance from the premium measure since these types of coverage are not considered primary medical coverage for individuals who elect to enroll.
                        <SU>161</SU>
                        <FTREF/>
                         For example, Medigap coverage supplements Original Medicare 
                        <SU>162</SU>
                        <FTREF/>
                         Plan coverage by helping to pay certain out-of-pocket costs not covered by Original Medicare such as co-payments, coinsurance, and deductibles. Specifically, to calculate the premium adjustment percentage for PY 2026, the measures for 2013 and 2025 would be calculated as private health insurance premiums minus premiums paid for Medigap insurance and property and casualty insurance, divided by the unrounded number of unique private health insurance enrollees with comprehensive coverage (that is, excluding supplemental coverage such as Medigap and property and casualty insurance from the count of enrollees in the denominator). These results would then be rounded to the nearest $1 followed by a division of the 2025 figure by the 2013 figure rounded to 10 significant digits. The proposed premium measure would reflect cumulative, historic growth in premiums for private health insurance markets (excluding Medigap and property and casualty insurance) from 2013 onwards.
                    </P>
                    <FTNT>
                        <P>
                            <SU>161</SU>
                             Section 1302(c)(4) of the ACA refers to “the average per capita premium for health insurance coverage in the United States.” The term “health insurance coverage” is defined in 42 U.S.C. 300gg-91(b)(1) as “benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care) under any hospital or medical service policy or certificate, hospital or medical service plan contract, or health maintenance organization contract offered by a health insurance issuer.”
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>162</SU>
                             Original Medicare includes Medicare Part A (Hospital Insurance) and Medicare Part B (Medical Insurance) and covers services such as inpatient hospital care, outpatient services and office visits, tests, and preventive services. See, for example, CMS. (n.d.). 
                            <E T="03">What Original Medicare Covers. https://www.medicare.gov/providers-services/original-medicare</E>
                            .
                        </P>
                    </FTNT>
                    <P>We believe this proposal aligns closely with the criteria we have previously used for establishing the premium adjustment percentage methodology. As discussed in the 2015 Payment Notice (79 FR 13801 through 13804) and 2020 Payment Notice (84 FR 17537 through 17541), we considered four criteria when finalizing the premium adjustment percentage methodology for those plan years:</P>
                    <P>(1) Comprehensiveness—the premium adjustment percentage should be calculated based on the average per capita premium for health insurance coverage for the entire market, including the individual and group markets, and both fully insured and self-insured group health plans;</P>
                    <P>(2) Availability—the data underlying the calculation should be available by the summer of the year that is prior to the calendar year so that the premium adjustment percentage can be published in the annual HHS notice of benefit and payment parameters in time for issuers to develop their plan designs;</P>
                    <P>(3) Transparency—the methodology for estimating the average premium should be easily understandable and predictable; and</P>
                    <P>(4) Accuracy—the methodology should have a record of accurately estimating average premiums.</P>
                    <P>Using this methodology, we originally proposed a more comprehensive measure that reflected the entire market in the 2015 Payment Notice proposed rule (78 FR 72359 through 72361). We only deviated from fully following the comprehensiveness criteria in the 2015 Payment Notice (79 FR 13801 through 13804) to account for the significant changes occurring in the individual market during the initial years of the implementation of the ACA's insurance market rules. As we noted at that time, under these market rules, the individual market was likely to be the most affected by changes in benefit design and market composition. Due to the uncertainty over how these changes would impact enrollment and enrollee claims experience, the individual market was also more likely to be subject to risk premium pricing to account for this uncertainty. Thus, we anticipated a level of premium volatility in the individual market that may compromise the criteria for accuracy in estimating the premium for the entire market. As noted previously, we further anticipated changing the methodology once the premium trend was more stable and, accordingly, we then changed the methodology in the 2020 Payment Notice (84 FR 17537 through 17541) to include individual market premiums after premium trends stabilized.</P>
                    <P>When we established the current premium adjustment percentage methodology in part 2 of the 2022 Payment Notice (86 FR 24233 through 24237), we focused on how we believed the change would mitigate the uncertainty regarding premium growth during the COVID-19 PHE and outlined similar concerns over the accuracy of premium estimates as we had during the initial years of the ACA's market rules. Specifically, we referenced that private health insurance premiums are more likely to be influenced by risk premium pricing, or premium pricing based on changes in benefit design and market composition in the individual market. Particularly during times of economic uncertainty, such as that experienced as a result of the COVID-19 PHE, we noted how private health insurance premium growth could reflect issuer uncertainty in market developments and could be reflected in the NHEA private insurance premium measure (excluding Medigap and property and casualty insurance). Due to these concerns, we noted that we believed NHEA ESI premium data would provide a more stable premium measure. Therefore, we concluded that using the NHEA ESI premium measure would provide a more appropriate and fair measure of average per capita premiums for health insurance coverage when considering the goal of consumer protection.</P>
                    <P>
                        We published the current premium adjustment percentage methodology in part 2 of the 2022 Payment Notice (86 FR 24233 through 24237) on May 5, 2021, during the COVID-19 PHE. As noted above, we finalized this methodology after concluding in part that it was consistent with the will and interest of interested parties. After taking into consideration changes in circumstances since this time (including the end of the COVID-19 PHE) and examining new data on health insurance premiums that have since become available, we believe it is appropriate to add individual market premiums back to the premium adjustment percentage methodology. We acknowledge that a higher number of comments can suggest a position we should consider more closely. However, we must also consider that many parties who comment on rulemaking may represent the will of special interests who do not necessarily represent all special interests or the general public interest in the faithful and efficient administration of the 
                        <PRTPAGE P="12990"/>
                        statute. It is not uncommon to receive comments that only represent one side and no opposing comments that might represent other special interests or a more general interest in good governance or the equities of the taxpayer. As our constitutional role is to faithfully execute the statute, we are responsible for considering all comments, as well as perspectives that may not be fully represented in comments, within the context of what the statute requires.
                    </P>
                    <P>
                        We have also revisited the rationale for establishing the current premium adjustment percentage based, in part, on how it aligns with certain policy objectives, such as objectives that emphasize making health coverage accessible and affordable for consumers of all income levels. Specifically, the ACA directs the Secretary to base the premium adjustment percentage on “the average per capita premium for health insurance coverage in the United States” 
                        <SU>163</SU>
                        <FTREF/>
                         and does not provide further direction on the premium measure to use, giving the Secretary discretion over what premium measure to select. Consideration of other policy objectives in selecting this premium measure should not undermine or weaken the specific objective that Congress intended for the statutory provision to meet. Here, the premium adjustment percentage is the mechanism in the ACA meant to ensure that certain parameters of the ACA change with health insurance premiums over time. As such, the premium adjustment percentage serves a specific objective to ensure that annual limits on cost sharing, eligibility for hardship exemptions, and employer shared responsibility payment amounts remain aligned with premium growth to account for future inflation. We believe accounting for other policy objectives, such as making coverage more accessible and affordable or reducing the burden on taxpayers, can only serve to distort the alignment the ACA requires HHS to maintain between premium growth and the parameters subject to the premium adjustment percentage. Therefore, we continue to believe the four criteria of comprehensiveness, availability, transparency, and accuracy that we first identified in the 2015 Payment Notice (79 FR 13801 through 13804) remain the best guide for setting a methodology that supports the objective of the premium adjustment percentage within the statute.
                    </P>
                    <FTNT>
                        <P>
                            <SU>163</SU>
                             See Section 1302(c)(4) of the ACA.
                        </P>
                    </FTNT>
                    <P>Although we did not reference these criteria in part 2 of the 2022 Payment Notice (86 FR 24233 through 24237), part of our justification did align with how we used the criteria in the 2015 Payment Notice (79 FR 13801 through 13804). Specifically, we were concerned that there was a potential for uncertainty in the private health insurance premium measure that includes the individual market due to issuer responses to the COVID-19 PHE, impacting the accuracy of a premium measure that included individual market premiums. However, we now have evidence that the COVID-19 PHE did not create the same uncertainty in the individual market that was present during the initial implementation of the ACA. As discussed previously, we decided to not use individual market premiums in the 2015 Payment Notice (79 FR 13801 through 13804) due to the uncertainty over how the ACA's market rules would change benefit designs and market composition of the individual market and how this uncertainty would be more likely to subject the individual market to risk premium pricing than the ESI market. We largely made the same points in part 2 of the 2022 Payment Notice (86 FR 24233 through 24237) to justify not using individual market premiums due to uncertainty around the COVID-19 PHE. Yet, the COVID-19 PHE did not introduce new benefit designs as the implementation of the ACA's market rules did. The COVID-19 PHE also did not introduce a clear and distinctive risk to the market composition of the individual market. Individual and group markets were similarly exposed to the health risks associated with the COVID-19 PHE. Although there was uncertainty over whether the individual market would enroll more people who lost ESI due to COVID-19 PHE-related job losses, there was no reason to believe this population would introduce a higher risk to the individual market pool. By comparison, in the early period of implementation, the ACA's market rules were expected to shift large numbers of people with potentially high claims costs who lacked insurance or were covered in State high-risk pools into the individual market risk pool. Consequently, the individual market premiums were not subject to any more uncertainty due to the COVID-19 PHE than ESI premiums and each market would, therefore, likely face similar levels of risk premium pricing due to the COVID-19 PHE. Based on this analysis, we do not believe that the rationales we cited in part 2 of the 2022 Payment Notice (86 FR 24233 through 24237) continue to justify removing individual market premiums from the premium adjustment methodology.</P>
                    <P>
                        After reviewing trends between individual premiums and ESI premiums, we now believe that individual premiums remained stable during the COVID-19 PHE. As shown in Table 6, per enrollee expenditure growth from the NHEA historical tables was actually more stable in the on-Exchange individual market than ESI during the COVID-19 PHE, with significantly lower premium growth rates in every year from 2019 through 2023.
                        <SU>164</SU>
                        <FTREF/>
                         Moreover, premiums for other forms of direct purchase insurance,
                        <SU>165</SU>
                        <FTREF/>
                         which would also be included in the private health insurance premiums (excluding Medigap and property and casualty insurance) measure have had lower growth rates than ESI from 2021 through 2023 and have experienced lower growth rates since 2019 than in 
                        <PRTPAGE P="12991"/>
                        years prior to the COVID-19 PHE. Similarly, a comparison of premiums from medical loss ratio data 
                        <SU>166</SU>
                        <FTREF/>
                         in Table 7 shows individual market premiums remained more stable than small group and large group premiums from 2019 through 2023. In addition, based on our review of premium trends before 2014, individual market premium trends were also comparably stable to ESI. Taken together, these data suggest that the COVID-19 PHE did not result in greater volatility in the individual market than in the ESI market as had been anticipated in part 2 of the 2022 Payment Notice (86 FR 24233 through 24237). Instead, the premium data show premium trends remained generally stable between individual and ESI markets outside the initial years of the ACA's market rules including years impacted by the COVID-19 PHE, suggesting that a more comprehensive measure of premium growth for these years would also be a more accurate measure. As such, we do not believe there is a justification for de-prioritizing the comprehensiveness criterion by excluding individual market premiums from the premium adjustment percentage methodology for PY 2026 and beyond.
                    </P>
                    <FTNT>
                        <P>
                            <SU>164</SU>
                             See the “NHE Tables” link under the “Downloads Section” at CMS. (2024, Dec. 18). 
                            <E T="03">NHE Historical Data. https://www.cms.gov/data-research/statistics-trends-and-reports/national-health-expenditure-data/historical</E>
                             (Page Updated December 18, 2024; Retrieved January 29, 2025). We use the historical tables for this analysis because they reflect estimates of actual 2023 values and have been updated more recently than the projected tables used to calculate the premium adjustment percentage. The historical tables do not include a grouped measure of private health insurance premiums (excluding Medigap and property and casualty insurance), so we have separate columns for On Exchange and Other Direct Purchase, which are the major components of the proposed premium measure. The projected tables include a measure of private health insurance premiums (excluding Medigap and property and casualty insurance), but do not include separate measures of On Exchange and Other Direct Purchase premiums and only include projections of values (that is, non-historical values) after 2022. The projected tables are expected to be updated in the summer 2025 to match the values in the historical tables through 2023 for ESI premiums and will also include updated historical values for private health insurance premiums (excluding Medigap and property and casualty insurance) at that time. Consistent with the policy finalized in the 2021 Payment Notice (85 FR 29227 through 29229), even if the NHEA projected tables are updated before the publication of the final rule, we will finalize the payment parameters that depend on the NHEA projected tables data, including the premium adjustment percentage and required contribution percentage, based on the data that are available as of the publication of the proposed rule to increase the predictability of benefit design.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>165</SU>
                             This category of insurance premiums includes insurance purchased on the private market that is not associated with an employer or a Medigap or Exchange plan. Examples of direct purchase insurance include group plans purchased through AARP or other associations, individual market plans (both plans that are subject to the ACA market rules and those that are not subject to all the ACA market rules, such as grandfather and grandmother plans), Short-Term Limited Duration (STLD) health plans, and the Basic Health Program (BHP). See the Definitions, Sources, and Methods used for the OACT estimates, available at: CMS. (December 18, 2024). 
                            <E T="03">NHE Historical Data. https://www.cms.gov/data-research/statistics-trends-and-reports/national-health-expenditure-data/historical</E>
                            .
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>166</SU>
                             See the Public Use Files for Medical Loss Ratio reporting available at CMS. (December 23, 2024). 
                            <E T="03">Medical Loss Ratio Data and System Resources. https://www.cms.gov/marketplace/resources/data/medical-loss-ratio-data-systems-resources.</E>
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="276">
                        <GID>EP19MR25.005</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="112">
                        <GID>EP19MR25.006</GID>
                    </GPH>
                    <P>We believe removing individual market premiums from the premium adjustment percentage methodology was an unnecessary policy change that seemed reasonable during the COVID-19 PHE. As noted previously, this deviation from the full application of the four criteria we first identified in the 2015 Payment Notice (79 FR 13801 through 13804) was intended to favor accuracy over comprehensiveness. However, our analysis of recent data suggests that the justification we cited in part 2 of the 2022 Payment Notice (86 FR 24233 through 24237) that individual market premiums were at greater risk of a volatile response to the COVID-19 PHE did not prove to be correct.</P>
                    <P>
                        Using the private health insurance premium measure data (excluding Medigap and property and casualty insurance) proposed above, we propose that the premium adjustment percentage for PY 2026 be the percentage (if any) by which the most recent NHEA projection of per enrollee premiums for private health insurance (excluding Medigap and property and casualty 
                        <PRTPAGE P="12992"/>
                        insurance) for 2025 ($7,885) exceeds the most recent NHEA estimate of per enrollee premiums for private health insurance (excluding Medigap and property and casualty insurance) for 2013 ($4,714).
                        <SU>167</SU>
                        <FTREF/>
                         Using this formula, the proposed premium adjustment percentage for 2026 would be 1.6726771319 ($7,885/$4,714), which would be an increase in private health insurance (excluding Medigap and property and casualty insurance) premiums of approximately 67.3 percent over the period from 2013 to 2025 and would reflect an overall growth rate for this period that would be approximately 7.2 percentage points higher than the overall growth rate reflected by the previously published PY 2026 premium adjustment percentage 
                        <SU>168</SU>
                        <FTREF/>
                         (1.6002042901).
                    </P>
                    <FTNT>
                        <P>
                            <SU>167</SU>
                             The 2013 and 2025 premiums used for this calculation reflect the latest NHEA data. The series used in the determinations of the adjustment percentages can be found in Tables 1 and 17 on the CMS website, which can be accessed by clicking the “NHE Projections 2023-2032—Tables” link located in the Downloads section at 
                            <E T="03">https://www.cms.gov/data-research/statistics-trends-and-reports/national-health-expenditure-data/projected.</E>
                             A detailed description of the NHE projection methodology is available at CMS. (2024, June 12). 
                            <E T="03">Projections of National Health Expenditures and Health Insurance Enrollment: Methodology and Model Specification. https://www.cms.gov/research-statistics-data-and-systems/statistics-trends-and-reports/nationalhealthexpenddata/downloads/projectionsmethodology.pdf</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>168</SU>
                             See CMS. (2024, Oct. 8). 
                            <E T="03">Premium Adjustment Percentage, Maximum Annual Limitation on Cost Sharing, Reduced Maximum Annual Limitation on Cost Sharing, and Required Contribution Percentage for the 2026 Benefit Year. https://www.cms.gov/files/document/2026-papi-parameters-guidance-2024-10-08.pdf.</E>
                        </P>
                    </FTNT>
                    <P>
                        We believe that our proposal to use per enrollee private health insurance premiums (excluding Medigap and property and casualty insurance) in the premium adjustment percentage calculation could result in a more comprehensive and higher overall estimate of premium growth rate for the foreseeable future than if we continued to use only ESI premiums as in prior plan years. This higher overall growth rate is driven by the fact that, between 2015 and 2018, private individual health insurance market per enrollee premiums offered on-Exchange grew faster than ESI premiums, most notably in PY 2017 and PY 2018 (See Table 6). However, we note that on-Exchange individual market premiums 
                        <SU>169</SU>
                        <FTREF/>
                         have grown more slowly than ESI premiums since 2019. If this trend continues, then the immediate impact of a higher overall premium growth rate for PY 2026 could be reduced in the future, which may lead to a lower overall growth rate over the long-term.
                    </P>
                    <FTNT>
                        <P>
                            <SU>169</SU>
                             See the “NHE Tables” link under the “Downloads Section” at CMS. (2024, Dec. 18). 
                            <E T="03">NHE Historical Data. https://www.cms.gov/data-research/statistics-trends-and-reports/national-health-expenditure-data/historical</E>
                             (Page Updated December 18, 2024; Retrieved January 29, 2025). We use the historical tables for this analysis because they reflect estimates of actual 2023 values and have been updated more recently than the projected tables used to calculate the premium adjustment percentage. The historical tables do not include a grouped measure of private health insurance premiums (excluding Medigap and property and casualty insurance), so we have separate columns for On Exchange and Other Direct Purchase, which are the major components of the proposed premium measure. The projected tables include a measure of private health insurance premiums (excluding Medigap and property and casualty insurance), but do not include separate measures of On Exchange and Other Direct Purchase premiums and only include projections of values (that is, non-historical values) after 2022. The projected tables are expected to be updated in the summer 2025 to match the values in the historical tables through 2023 for ESI premiums and will also include updated historical values for private health insurance premiums (excluding Medigap and property and casualty insurance) at that time. Consistent with the policy finalized in the 2021 Payment Notice (85 FR 29227 through 29229), even if the NHEA projected tables are updated before the publication of the final rule, we will finalize the payment parameters that depend on the NHEA projected tables data, including the premium adjustment percentage and required contribution percentage, based on the data that are available as of the publication of the proposed rule to increase the predictability of benefit design.
                        </P>
                    </FTNT>
                    <P>We anticipate that this proposed change could have several impacts on the health insurance market. As explained above, the premium adjustment percentage is used to set the rate of increase for the maximum annual limitation on cost sharing, the required contribution percentage used to determine eligibility for certain exemptions under section 5000A of the Code, and the employer shared responsibility payment amounts under section 4980H(a) and (b) of the Code. Accordingly, a more comprehensive premium adjustment percentage that reflects a faster premium growth rate would result in a higher maximum annual limitation on cost sharing, higher reduced annual limitations on cost sharing, a higher required contribution percentage, and higher employer shared responsibility payment amounts than if the current premium adjustment percentage premium measure (ESI only) were used for PY 2026.</P>
                    <P>
                        Furthermore, to date the Department of the Treasury and the IRS have used the same measures for determining the applicable percentage in section 36B(b)(3)(A) of the Code and the required contribution percentage in section 36B(c)(2)(C) of the Code as those selected by HHS for the calculation of the premium adjustment percentage.
                        <SU>170</SU>
                        <FTREF/>
                         The applicable percentage in section 36B(b)(3)(A) of the Code is used to determine the amount an individual must contribute to the cost of an Exchange QHP and thus relates to the amount of the individual's PTC. This is because, in general, an individual's PTC is the lesser of (1) the premiums paid for the Exchange QHP, and (2) the excess of the premium for the benchmark plan over the contribution amount. The contribution amount is the product of the individual's household income and the applicable percentage.
                    </P>
                    <FTNT>
                        <P>
                            <SU>170</SU>
                             Section 36B(b)(3)(A)(ii) of the Code generally provides that the applicable percentages are to be adjusted after 2014 to reflect the excess of the rate of premium growth over the rate of income growth for the preceding year. Section 36B(c)(2)(C) of the Code provides that the required contribution percentage is to be adjusted after 2014 in the same manner as the applicable percentages are adjusted in section 36B(b)(3)(A)(ii) of the Code. The Department of the Treasury and the IRS has provided in annual guidance that the rate of premium growth for purposes of the section 36B provisions would be based on the same measures HHS selected following HHS' establishment of the methodology for calculating premium growth for purposes of the premium adjustment percentage using NHEA ESI for benefit years 2015-2019 (See IRS Rev. Proc. 2014-37), NHEA private health insurance (excluding Medigap and property and casualty insurance) for PYs 2020-2021 (See IRS Rev. Proc. 2019-29), and NHEA ESI for PYs 2022-2025 (See IRS Rev. Proc. 2021-36).
                        </P>
                    </FTNT>
                    <P>
                        The required contribution percentage in section 36B(c)(2)(C) of the Code is used to determine whether an offer of ESI is considered affordable for an individual, which relates to eligibility for the PTC because an individual with an offer of affordable ESI that provides minimum value is ineligible for the PTC. Specifically, an offer of ESI is considered affordable for an individual if the employee's required contribution for ESI is less than or equal to the required contribution percentage (set at 9.5 percent in 2014) of the individual's household income.
                        <SU>171</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>171</SU>
                             See also IRS Notice 2015-87, Q&amp;A 12 for discussion of the adjustment of the required contribution percentage as applied for certain purposes under sections 4980H and 6056 of the Code.
                        </P>
                    </FTNT>
                    <P>
                        Section 36B(b)(3)(A)(ii) of the Code generally provides that the applicable percentages are to be adjusted after 2014 to reflect the excess of the rate of premium growth over the rate of income growth for the preceding year. Section 36B(c)(2)(C) of the Code provides that the required contribution percentage is to be adjusted after 2014 in the same manner as the applicable percentages are adjusted in section 36B(b)(3)(A)(ii) of the Code. As noted above, the Department of the Treasury and the IRS have provided in annual guidance that the rate of premium growth for purposes of these section 36B provisions is based on the same measures as those selected by HHS for the calculation of the 
                        <PRTPAGE P="12993"/>
                        premium adjustment percentage.
                        <SU>172</SU>
                        <FTREF/>
                         If we finalize a change to the premium measure used in the premium adjustment percentage for PY 2026, we expect the Department of the Treasury and the IRS to adopt the same premium measure for purposes of future indexing of the applicable percentage and required contribution percentage under section 36B of the Code.
                    </P>
                    <FTNT>
                        <P>
                            <SU>172</SU>
                             Section 36B(b)(3)(A)(ii) of the Code generally provides that the applicable percentages are to be adjusted after 2014 to reflect the excess of the rate of premium growth over the rate of income growth for the preceding year. Section 36B(c)(2)(C) of the Code provides that the required contribution percentage is to be adjusted after 2014 in the same manner as the applicable percentages are adjusted in section 36B(b)(3)(A)(ii) of the Code. The Department of the Treasury and the IRS has provided in annual guidance that the rate of premium growth for purposes of the section 36B provisions would be based on the same measures HHS selected following HHS' establishment of the methodology for calculating premium growth for purposes of the premium adjustment percentage using NHEA ESI for benefit years 2015-2019 (See IRS Rev. Proc. 2014-37), NHEA private health insurance (excluding Medigap and property and casualty insurance) for PYs 2020-2021 (See IRS Rev. Proc. 2019-29), and NHEA ESI for PYs 2022-2025 (See IRS Rev. Proc. 2021-36).
                        </P>
                    </FTNT>
                    <P>We anticipate that a measure of premium growth that reflects a faster premium growth rate would increase the portion of the premium the consumer is responsible for paying and therefore would decrease the amount of PTC for which consumers qualify under section 36B(b)(3)(A) of the Code. It also would increase the required contribution percentage under section 36B(c)(2)(C) of the Code, such that individuals with an offer of ESI would be more likely to be ineligible for the PTC. Therefore, we anticipate that adding individual premiums to the premium adjustment methodology would reduce the tax expenditure associated with PTCs. However, we anticipate this reduction in the availability of PTC would increase net premiums for consumers who are currently eligible for PTC and, as a result, contribute to a small decline in Exchange enrollment. It is possible that this could ultimately result in small net premium increases for enrollees that remain in the individual market, both on and off the Exchanges, if healthier enrollees elect not to purchase Exchange coverage.</P>
                    <P>
                        Additionally, we are aware that the annual limitation on cost sharing is often a limiting factor for issuers in designing plan parameters that meet the permissible de minimis ranges for bronze plans at § 156.140.
                        <SU>173</SU>
                        <FTREF/>
                         The increase in the premium adjustment percentage and maximum annual limitation on cost sharing created by incorporating the more comprehensive measure of private health insurance premiums (excluding Medigap and property and casualty insurance) may help to provide additional flexibility for issuers to design plans at the bronze metal level by allowing issuers to meet AV requirements through lower deductibles, coinsurance, and copay parameters rather than through setting a maximum out-of-pocket limit equal or less than the lower maximum annual limitation on cost sharing calculated using the ESI-based premium adjustment percentage.
                    </P>
                    <FTNT>
                        <P>
                            <SU>173</SU>
                             Section 156.140 defines bronze health plans as a health plan that has an AV of 60 percent.
                        </P>
                    </FTNT>
                    <P>We seek comment on the proposal to revert to the premium adjustment percentage methodology finalized in the 2020 Payment Notice (84 FR 17537 through 17541) using private health insurance premiums (excluding Medigap and property and casualty insurance premiums) to estimate the growth in premiums for PY 2026 and beyond. We also seek comment on the proposed premium adjustment percentage for PY 2026 of 1.6726771319.</P>
                    <P>Additionally, based on the proposed PY 2026 premium adjustment percentage, we propose the following cost-sharing parameters for PY 2026, including the maximum annual limitation on cost sharing, the reduced maximum annual limitations on cost sharing, and the required contribution percentage in the following subsections.</P>
                    <HD SOURCE="HD3">a. Maximum Annual Limitation on Cost Sharing for PY 2026</HD>
                    <P>
                        Under § 156.130(a)(2)(i), for PY 2026, cost sharing for self-only coverage may not exceed the dollar limit for calendar year 2014 increased by an amount equal to the product of that amount and the premium adjustment percentage for PY 2026. Under § 156.130(a)(2)(ii), for other than self-only coverage, the limit is twice the dollar limit for self-only coverage. Under § 156.130(d), these amounts must be rounded down to the next lowest multiple of $50. Using the proposed premium adjustment percentage of 1.6726771319 for PY 2026, and the 2014 maximum annual limitation on cost sharing of $6,350 for self-only coverage, which was published by the IRS on May 2, 2013,
                        <SU>174</SU>
                        <FTREF/>
                         we propose that the PY 2026 maximum annual limitation on cost sharing would be $10,600 for self-only coverage and $21,200 for other than self-only coverage. This represents approximately a 15.2 percent increase from the PY 2025 parameters of $9,200 for self-only coverage and $18,400 for other than self-only coverage and approximately a 4.4 percent increase from the previously published PY 2026 parameters of $10,150 for self-only coverage and $20,300 for other than self-only coverage.
                        <SU>175</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>174</SU>
                             See IRS. (n.d.) 
                            <E T="03">Rev. Proc. 2013-25.</E>
                             Dep't of Treasury. 
                            <E T="03">http://www.irs.gov/pub/irs-drop/rp-13-25.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>175</SU>
                             CMS. (2024, Oct. 8). 
                            <E T="03">Premium Adjustment Percentage, Maximum Annual Limitation on Cost Sharing, Reduced Maximum Annual Limitation on Cost Sharing, and Required Contribution Percentage for the 2026 Benefit Year. https://www.cms.gov/files/document/2026-papi-parameters-guidance-2024-10-08.pdf.</E>
                        </P>
                    </FTNT>
                    <P>We seek comment on this proposal.</P>
                    <HD SOURCE="HD2">b. Reduced Maximum Annual Limitation on Cost Sharing for PY 2026</HD>
                    <P>
                        The reduced maximum annual limitations on cost sharing for cost-sharing plan variations are determined using the methodology we established in the 2014 Payment Notice. In the 2014 Payment Notice (78 FR 15410), we established standards related to the provision of these cost-sharing reductions (CSRs). Specifically, in 45 CFR part 156, subpart E, we specified that QHP issuers must provide CSRs by developing plan variations, which are separate cost-sharing structures for each eligibility category that change how the cost sharing required under the QHP is to be shared between the enrollee and the Federal Government.
                        <SU>176</SU>
                        <FTREF/>
                         At § 156.420(a), we detailed the structure of these plan variations and specified that QHP issuers must ensure that each silver plan variation has an annual limitation on cost sharing no greater than the applicable reduced maximum annual limitation on cost sharing specified in the annual HHS guidance or HHS notice of benefit and payment parameters. Although the amount of the reduction in the maximum annual limitation on cost sharing is specified in section 1402(c)(1)(A) of the ACA, section 1402(c)(1)(B)(ii) of the ACA states that the Secretary may adjust the cost sharing limits to ensure that the resulting limits do not cause the AV of the health plans to exceed the levels specified in section 1402(c)(1)(B)(i) of the ACA (that is, 70 percent, 73 percent, 87 percent, or 94 percent, depending on the income of the enrollee).
                    </P>
                    <FTNT>
                        <P>
                            <SU>176</SU>
                             On October 12, 2017, the Attorney General issued a legal opinion that HHS did not have a Congressional appropriation with which to make CSR payments. Sessions III, J. (2017, Oct. 11). 
                            <E T="03">Legal Opinion Re: Payments to Issuers for Cost-Sharing Reductions (CSRs).</E>
                             Office of Attorney General. 
                            <E T="03">https://www.hhs.gov/sites/default/files/csr-payment-memo.pdf.</E>
                        </P>
                    </FTNT>
                    <P>
                        We note that for PY 2026, as described in § 156.135(d), States are permitted to request HHS approval of State-specific datasets for use as the standard population to calculate AV. 
                        <PRTPAGE P="12994"/>
                        For PY 2026, no State submitted a dataset by the September 1, 2024 deadline.
                    </P>
                    <P>
                        As indicated in Table 8, we are proposing the values of the PY 2026 reduced maximum annual limitation on cost sharing for self-only coverage at $3,500 for enrollees with household income greater than or equal to 100 percent of the FPL and less than or equal to 150 percent of the FPL, $3,500 for enrollees with household income greater than 150 percent of the FPL and less than or equal to 200 percent of the FPL, and $8,450 for enrollees with household income greater than 200 and less than or equal to 250 percent of the FPL, as calculated using the proposed PY 2026 premium adjustment percentage and proposed PY 2026 maximum annual limitation on cost sharing. These proposed values reflect 4.3 to 4.5 percent increases relative to the previously published PY 2026 parameters.
                        <SU>177</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>177</SU>
                             See CMS. (2024, Oct. 8). 
                            <E T="03">Premium Adjustment Percentage, Maximum Annual Limitation on Cost Sharing, Reduced Maximum Annual Limitation on Cost Sharing, and Required Contribution Percentage for the 2026 Benefit Year. https://www.cms.gov/files/document/2026-papi-parameters-guidance-2024-10-08.pdf.</E>
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="305">
                        <GID>EP19MR25.007</GID>
                    </GPH>
                    <P>
                        Generally, to confirm consistency with past results of the analysis for the reduced maximum annual limitation on cost sharing, we tested the proposed PY 2026 reduced maximum annual limitations for cost sharing on the AV levels of silver level QHPs with varying cost sharing structures. We previously conducted this analysis in the October 2024 PAPI Guidance 
                        <SU>178</SU>
                        <FTREF/>
                         with the following parameters for PY 2026 test plans: the test QHPs included a preferred provider organization (PPO) with typical cost sharing structure ($8,850 annual limitation on cost sharing, $3,250 deductible, and 25 percent in-network coinsurance rate); a PPO with a lower annual limitation on cost sharing ($6,650 annual limitation on cost sharing, $4,500 deductible, and 25 percent in-network coinsurance rate); and a health maintenance organization (HMO) ($8,850 annual limitation on cost sharing, $3,700 deductible, 25 percent in-network coinsurance rate, and the following services with copayments that are not subject to the deductible or coinsurance: $2500 inpatient stay per day, $1200 emergency department visit, $35 primary care office visit, and $80 specialist office visit). We repeated this analysis for the proposed PY 2026 reduced annual limitations on cost sharing using the same test plans used in the October 2024 PAPI Guidance.
                        <SU>179</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>178</SU>
                             CMS. (2024, Oct. 8). 
                            <E T="03">Premium Adjustment Percentage, Maximum Annual Limitation on Cost Sharing, Reduced Maximum Annual Limitation on Cost Sharing, and Required Contribution Percentage for the 2026 Benefit Year. https://www.cms.gov/files/document/2026-papi-parameters-guidance-2024-10-08.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>179</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <P>
                        We entered these test plans into a draft version of PY 2026 AV Calculator and observed how the proposed PY 2026 reductions in the maximum annual limitation on cost sharing specified in the ACA affected the AVs of the plans. We found that the proposed PY 2026 reductions in the maximum annual limitation on cost sharing using the parameters specified in section 1402(c)(1)(A)(i) the ACA for enrollees with a household income greater than or equal to 100 percent of the FPL and less than or equal to 150 percent of the FPL (
                        <FR>2/3</FR>
                         reduction in the maximum annual limitation on cost sharing), and greater than 150 percent of the FPL and less than or equal to 200 percent of the FPL (
                        <FR>2/3</FR>
                         reduction), would not cause the AV of any of the model QHPs to exceed the AV levels of 94 and 87 percent, specified in sections 1402(c)(2)(A) and (B) of the ACA for each of these income bands, respectively.
                        <PRTPAGE P="12995"/>
                    </P>
                    <P>
                        As with prior years, and as with the findings described in the October 2024 PAPI Guidance,
                        <SU>180</SU>
                        <FTREF/>
                         we continue to find that using the reduction in the maximum annual limitation on cost sharing specified in section 1402(c)(1)(A)(ii) of the ACA for enrollees with a household income greater than 200 percent of the FPL and less than or equal to 250 percent of the FPL (
                        <FR>1/2</FR>
                         reduction) would cause the AVs of multiple of the test QHPs to exceed the AV level of 73 percent specified for this income band in section 1402(c)(1)(B)(i)(III) of the ACA. Furthermore, as with prior years, for individuals with household incomes greater than 250 and less than or equal to 300 percent of the FPL, or greater than 300 and less than or equal to 400 percent of the FPL without any change in other forms of cost sharing, the reductions in the maximum annual limitation on cost sharing specified in sections 1402(c)(1)(A)(ii) and (iii) of the ACA would cause an increase in AV for multiple of the test QHPs that exceeds the maximum 70 percent level set forth for these income bands in section 1402(c)(1)(B)(i)(IV) of the ACA.
                    </P>
                    <FTNT>
                        <P>
                            <SU>180</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <P>
                        Therefore, as has been the case since the 2015 Payment Notice (79 FR 13803 through 13804), we propose to continue to reduce the maximum annual limitation on cost sharing by 
                        <FR>2/3</FR>
                         for enrollees with a household income greater than or equal to 100 percent of the FPL and less than or equal to 200 percent of the FPL, 
                        <FR>1/5</FR>
                         for enrollees with a household income greater than 200 percent of the FPL and less than or equal to 250 percent of the FPL, and no reduction for individuals with household incomes greater than 250 percent of the FPL and less than or equal to 400 percent of the FPL for PY 2026. The resulting proposed PY 2026 reduced maximum annual limitations on cost sharing are displayed in Table 8 above.
                    </P>
                    <HD SOURCE="HD3">c. Proposed Required Contribution Percentage at § 155.605(d)(2) for PY 2026</HD>
                    <P>We calculate the required contribution percentage for each plan year using the most recent projections and estimates of premium growth and income growth over the period from 2013 to the preceding calendar year (that is, the 2025 calendar year, in the case of PY 2026 required contribution percentage). Accordingly, we are proposing the required contribution percentage for PY 2026, calculated using income and premium growth data for the 2013 and 2025 calendar years.</P>
                    <P>
                        Section 5000A of the Code imposes an individual shared responsibility payment on non-exempt individuals who do not have MEC for each month. Under § 155.605(d)(2), an individual is allowed a coverage exemption (the affordability exemption) for months in which the amount the individual would pay for MEC exceeds a percentage, called the required contribution percentage, of the individual's household income. Although the Tax Cuts and Jobs Act 
                        <SU>181</SU>
                        <FTREF/>
                         reduced the individual shared responsibility payment to $0 for months beginning after December 31, 2018, the required contribution percentage is still used to determine whether individuals ages 30 and above qualify for an affordability exemption that would enable them to enroll in catastrophic coverage under § 155.305(h).
                    </P>
                    <FTNT>
                        <P>
                            <SU>181</SU>
                             Public Law 115-97, 131 Stat, 2054.
                        </P>
                    </FTNT>
                    <P>The initial 2014 required contribution percentage under section 5000A of the Code was 8 percent. For plan years after 2014, section 5000A(e)(1)(D) of the Code and Treasury regulations at 26 CFR 1.5000A-3(e)(2)(ii) provide that the required contribution percentage is the percentage determined by the Secretary that reflects the excess of the rate of premium growth between the preceding calendar year and 2013, over the rate of income growth for that period.</P>
                    <P>
                        As the measure of income growth for a calendar year, we established in the 2017 Payment Notice (81 FR 12281 through 12282) that we would use NHEA projections of per capita personal income (PI). The rate of income growth for PY 2026 is the percentage (if any) by which the NHEA Projections 2023-2032 value for per capita PI for the preceding calendar year ($74,083 for 2025) exceeds the NHEA Projections 2023-2032 value for per capita PI for 2013 ($44,559), carried out to ten significant digits. The rate of income growth from 2013 to 2025 is therefore 1.6625821944 ($74,083/$44,559). Using PY 2026 premium adjustment percentage proposed in this rule, the excess of the rate of premium growth over the rate of income growth for 2013 to 2025 would be 1.6726771319 ÷ 1.6625821944, or 1.0060718427. This results in the proposed PY 2026 required contribution percentage under section 5000A of the Code of 8.00 × 1.0060718427 or 8.05 percent, when rounded to the nearest one-hundredth of 1 percent, an increase of approximately 0.77 percentage points above the 2025 value (7.28 percent) and an increase of approximately 0.35 percentage points above the previously published PY 2026 value 
                        <SU>182</SU>
                        <FTREF/>
                         (7.70 percent).
                    </P>
                    <FTNT>
                        <P>
                            <SU>182</SU>
                             See CMS. (2024, Oct. 8). 
                            <E T="03">Premium Adjustment Percentage, Maximum Annual Limitation on Cost Sharing, Reduced Maximum Annual Limitation on Cost Sharing, and Required Contribution Percentage for the 2026 Benefit Year. https://www.cms.gov/files/document/2026-papi-parameters-guidance-2024-10-08.pdf.</E>
                        </P>
                    </FTNT>
                    <P>We note that these proposals do not alter the policy established in the 2022 Payment Notice (86 FR 24237 through 24238) that we will publish the premium adjustment percentage, along with the maximum annual limitation on cost sharing, the reduced maximum annual limitation on cost sharing, and the required contribution percentage, in guidance by January of the year preceding the applicable plan year, unless we are amending the methodology to calculate these parameters, in which case we would amend the methodology and publish the parameters through notice-and-comment rulemaking.</P>
                    <P>
                        If finalized as proposed, the values for the PY 2026 premium adjustment percentage, maximum annual limitation on cost sharing, reduced maximum annual limitations on cost sharing and required contribution percentage proposed in this rule would supersede the values published in the October 2024 PAPI Guidance.
                        <SU>183</SU>
                        <FTREF/>
                         We seek comment on the proposal to revert to the premium adjustment percentage methodology finalized in the 2020 Payment Notice (84 FR 17537 through 17541) using private health insurance premiums (excluding Medigap and property and casualty insurance premiums) to estimate the growth in premiums for PY 2026 and beyond. We also seek comment on the values for the PY 2026 premium adjustment percentage, maximum annual limitation on cost sharing, reduced maximum annual limitations on cost sharing and required contribution percentage proposed in this rule.
                    </P>
                    <FTNT>
                        <P>
                            <SU>183</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">3. Levels of Coverage (Actuarial Value) (§§ 156.140, 156.200, 156.400)</HD>
                    <P>
                        We propose to change the de minimis ranges at § 156.140(c) beginning in PY 2026 to +2/−4 percentage points for all individual and small group market plans subject to the AV requirements under the EHB package, other than for expanded bronze plans, for which we propose a de minimis range of +5/−4 percentage points. We also propose to revise § 156.200(b)(3) to remove from the conditions of QHP certification the de minimis range of +2/0 percentage points for individual market silver QHPs. We also propose to amend the 
                        <PRTPAGE P="12996"/>
                        definition of “de minimis variation for a silver plan variation” in § 156.400 to specify a de minimis range of +1/−1 percentage points for income-based silver CSR plan variations.
                    </P>
                    <P>Section 2707(a) of the PHS Act and section 1302 of the ACA direct issuers of non-grandfathered individual and small group health insurance plans (including QHPs) to ensure that these plans adhere to the levels of coverage specified in section 1302(d)(1) of the ACA. Section 1302(d)(2) of the ACA provides that a level of coverage of a plan, or its actuarial value (AV), is determined based on its coverage of the EHB for a standard population. Sections 1302(d)(1)(A)-(D) of the ACA require a bronze plan to have an AV of 60 percent, a silver plan to have an AV of 70 percent, a gold plan to have an AV of 80 percent, and a platinum plan to have an AV of 90 percent. Section 1302(d)(2) of the ACA directs the Secretary to issue regulations on the calculation of AV and its application to the levels of coverage. Section 1302(d)(3) of the ACA authorizes the Secretary to develop guidelines to provide for a de minimis variation in the AVs used in determining the level of coverage of a plan to account for differences in actuarial estimates.</P>
                    <P>In the EHB Rule (78 FR 12834), we established at § 156.140(c) that the allowable de minimis variation in the AV of a health plan that does not result in a material difference in the true dollar value of the health plan was +2/−2 percentage points. In the 2018 Payment Notice, we revised § 156.140(c) to permit a de minimis variation of +5/−2 percentage points for bronze plans that either cover and pay for at least one major service other than preventive services before the deductible or meet the requirements to be a high deductible health plan within the meaning of section 223(c)(2) of the Code.</P>
                    <P>
                        In the 2017 Market Stabilization Rule, effective beginning in PY 2018, we expanded the de minimis range for standard bronze, silver, gold, and platinum plans to +2/−4 percentage points.
                        <SU>184</SU>
                        <FTREF/>
                         In that final rule (82 FR 18368), we stated that we believed that flexibility was needed for the AV de minimis range for metal levels to help issuers design new plans for future plan years, thereby promoting competition in the market. In addition, we noted that changing the de minimis range would allow more plans to keep their cost sharing the same as well as provide additional flexibility for issuers to make adjustments to their plans within the same metal level. We stated our view that a de minimis range of +2/−4 percentage points provided the flexibility necessary for issuers to design new plans while ensuring comparability of plans within each metal level.
                    </P>
                    <FTNT>
                        <P>
                            <SU>184</SU>
                             We did not in that rule modify the de minimis range for the income-based silver CSR plan variations (the plans with an AV of 73, 87 and 94 percent) under §§ 156.400 and 156.420. The de minimis variation for an income-based silver CSR plan variation is a single percentage point. In the Actuarial Value and Cost-Sharing Reductions Bulletin (2012 Bulletin) issued on February 24, 2012, we explained why we did not intend to require issuers to offer a silver CSR plan variation with an AV of 70 percent; to align with this change, we also modified the de minimis range for expanded bronze plans from +5/−2 to +5/−4.
                        </P>
                    </FTNT>
                    <P>In the 2023 Payment Notice (87 FR 27306 through 27308), effective beginning in PY 2023, we narrowed the de minimis range for standard bronze, silver, gold, and platinum plans to +2/−2 percentage points, narrowed the de minimis range for expanded bronze to +5/−2 percentage points, and narrowed the de minimis range for income-based silver CSR plan variations to +1/0 percentage points. We also established, as a condition of QHP certification, that individual market silver QHPs must have an AV of 70 percent with a de minimis allowable AV variation of +2/0 percentage points. As discussed in the 2023 Payment Notice (87 FR 27307), we made these changes due to concerns that a wider de minimis range jeopardized the meaningful comparison of plans between the silver and bronze levels of coverage. In that rule (87 FR 27307), we also narrowed the de minimis range for individual market silver QHPs in order to maximize PTC and APTC for subsidized enrollees, noting that narrowing the de minimis range of individual market silver QHPs would influence the generosity of the SLCSP, the benchmark plan for calculating PTC and APTC.</P>
                    <P>Since we finalized these de minimis ranges in the 2023 Payment Notice, we have received considerable feedback from issuers that indicates narrower de minimis ranges substantially reduce issuer flexibility in establishing plan cost sharing. These issuers have expressed that any benefit to consumers that result from improvements to the comparability between the levels of coverage is outweighed by the harm to consumers caused by reduced issuer flexibility in setting non-standardized cost-sharing parameters, and as a result, harm to the health of the overall risk pool. Due to these effects, issuers have also voiced concern about their ability to continue to participate in the market generally. Sustained, robust issuer participation in the market is key to ensuring overall market stability and keeping costs down.</P>
                    <P>
                        Based on this feedback, we are proposing to change the de minimis ranges at § 156.140(c) beginning in PY 2026 to +2/−4 percentage points for all individual and small group market plans subject to the AV requirement, other than for expanded bronze plans,
                        <SU>185</SU>
                        <FTREF/>
                         for which we propose a de minimis range of +5/−4 percentage points. We believe that reverting to the de minimis ranges in effect from PYs 2018 to 2022 offers the best balance between comparability between the levels of coverage and issuer flexibility in establishing competitive cost-sharing designs that appeal to wide segments of the population. With this proposal, we note that an expansion of the universe of permissible plan AVs would not preclude issuers from continuing to design plans with an AV that is closer to the middle of the applicable de minimis ranges instead of plans at the outer limits. To the extent that issuers believe that plan designs that have a higher AV would attract enrollment, they would remain free to do so under this proposal.
                    </P>
                    <FTNT>
                        <P>
                            <SU>185</SU>
                             Expanded bronze plans are bronze plans currently referenced in § 156.140(c) that cover and pay for at least one major service, other than preventive services, before the deductible or meet the requirements to be a high deductible health plan within the meaning of section 223(c)(2) of the Code.
                        </P>
                    </FTNT>
                    <P>We also propose, through the authority granted to HHS in sections 1311(c) and 1321(a) of the ACA to establish minimum requirements for QHP certification, to revise § 156.200(b)(3) to remove from the conditions of QHP certification the de minimis range of +2/0 percentage points for individual market silver QHPs. Under this proposal, we would amend § 156.200(b)(3) to revert to the original regulatory text finalized in the 2012 Exchange Establishment rule (77 FR 18469), which states that, as a condition of QHP certification, issuers must “[e]nsure that each QHP complies with benefit design standards, as defined in § 156.20.” We believe that the removal of this QHP certification requirement is justified because we are no longer of the view that this certification requirement, which was finalized in the 2023 Payment Notice, is in the best interests of the overall risk pool.</P>
                    <P>
                        In that rule, we explained narrowing the de minimis range of individual market silver QHPs would influence the generosity of the SLCSP, the benchmark plan for calculating PTC and APTC for subsidized consumers. While narrowing the de minimis range in this way has such an effect on PTC and APTC to improve affordability for subsidized consumers, it comes at the expense of 
                        <PRTPAGE P="12997"/>
                        affordability for unsubsidized consumers. We believe attracting these unsubsidized consumers to participate in the risk pool may help to drive down overall costs by expanding the risk pool. In turn, we believe premiums for all consumers in the risk pool may be lower.
                    </P>
                    <P>Maximizing premium tax credits with a +2/0 percentage point de minimis range for individual market silver QHPs created imbalance between access and affordability for all consumers, particularly for unsubsidized ones. We believe this certification requirement can have the effect of damaging the overall health of the risk pool, which in turn may make coverage less affordable overall than it could have been as healthier, unsubsidized enrollees are priced out of the market. While pushing for increased subsidies may make coverage more affordable for certain consumers in the very short term, this is a short-sighted approach to regulating the AV de minimis ranges. We believe that lower AVs would lead to lower premiums, and in turn potentially improve the risk pool as coverage becomes more affordable for generally healthy people who currently may opt to forgo coverage altogether. Although this may mean that those eligible for APTCs receive less money in tax credits, we believe that in the long term there would be a sufficient choice of affordable plans. We also believe reverting the de minimis range of individual market silver QHPs back to +2/−4 percentage points is the best method for balancing the affordability of health plans for all segments of the population enrolled in non-grandfathered individual and small group market plans with the long-term viability of the overall risk pool.</P>
                    <P>Finally, we propose to revise the definition of “de minimis variation for a silver plan variation” at § 156.400 to change the de minimis variation for individual market income-based silver CSR plan variations from +1/0 percentage points to +1/−1 percentage points. Similar to the removal of the de minimis certification requirement for individual market silver QHPs, this proposal would deliver further balance between affordability and market stabilization. We do not propose edits to the minimum AV differential in § 156.420(f) for silver QHPs and 73 percent income-based plan variations, where the AVs must differ by at least 2 percentage points. We would note for issuers that, similar to the current de minimis ranges, standard silver QHPs with plan AVs between 71 and 72 percent would require the corresponding 73 percent income-based plan variation AV to be at least 2 percentage points above the standard plan's AV.</P>
                    <P>We seek comment on this proposal.</P>
                    <HD SOURCE="HD2">D. Applicability</HD>
                    <P>Some proposals in this rule, if finalized, would become applicable beginning on or after January 1, 2026. These proposal include the proposed provisions requiring all Exchanges to conduct pre-enrollment verification of eligibility for individual market SEPs and to verify at least 75 percent of new enrollments through SEPs, as well as the proposed prohibition on issuers of coverage subject to EHB requirements covering sex trait modification as EHB, would be applicable for plan years beginning on or after January 1, 2026. Also, if finalized, the proposal to update the premium adjustment percentage methodology would apply beginning with PY 2026 limits. If finalized, the proposal to prevent enrollees from being automatically re-enrolled in coverage with APTC that fully covers their premium without taking an action to confirm their eligibility information would be applicable starting with annual redeterminations for PY 2027. The proposal to prevent enrollees from being automatically re-enrolled in coverage with APTC that fully covers their premium without taking an action to confirm their eligibility information would be applicable beginning with redetermination for PY 2027. We believe this applicability date provides issuers and Exchanges ample time to prepare for these changes. However, we understand that different States and issuers face different resource issues and implementation hurdles. We therefore seek comment on whether regulated entities would require additional time to comply with these proposals.</P>
                    <P>The remaining proposals in this rule, if finalized, would become applicable upon the effective date of the final rule. These proposals include, among others, the proposed provision to repeal the monthly SEP for APTC-eligible qualified individuals with a projected annual household income at or below 150 percent of the FPL. Our experience with this SEP suggests it has substantially increased the level of improper enrollments, as well as increased the risk for adverse selection. The remaining proposals aim to increase the program integrity of the Exchange and protect Federal tax dollars. We therefore believe it is appropriate for these provisions to become applicable immediately upon the effective date of the final rule. We seek comment on any operational considerations or other issues that may impede compliance by the proposed applicability date.</P>
                    <HD SOURCE="HD2">E. Severability</HD>
                    <P>As demonstrated by the number of distinct programs addressed in this rulemaking and the structure of this proposed rule in addressing them independently, HHS generally intends the rule's provisions if finalized to be severable from each other. For example, the proposed rule refines the interpretation of “lawfully present” as applicable for eligibility to enroll in a QHP offered on an Exchange or BHP coverage in States that elect to operate a BHP. It also outlines the proposed discontinuation of the SEP for individuals with an income less than 150 percent of the FPL and makes a proposed change in the calculation of the premium adjustment percentage. It also proposes an update in the automatic re-enrollment hierarchy and makes a proposed change in the process of income verification where tax return data is unavailable. HHS believes that these provisions are generally capable of functioning sensibly on an independent basis. It is HHS' intent that if any provision of these proposed rules, if finalized, is held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, the other provisions in the rule shall be construed so as to continue to give maximum effect as permitted by law, unless the holding shall be one of utter invalidity or unenforceability. In the event a provision as finalized is found to be utterly invalid or unenforceable, HHS intends that that provision to be severable. HHS solicits comment on the severability of these provisions.</P>
                    <HD SOURCE="HD1">IV. Collection of Information Requirements</HD>
                    <P>
                        Under the Paperwork Reduction Act of 1995 (PRA), we are required to provide a 60-day notice in the 
                        <E T="04">Federal Register</E>
                         and solicit public comment before a collection of information requirement is submitted to the Office of Management and Budget (OMB) for review and approval. To fairly evaluate whether an information collection should be approved by OMB, section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 requires that we solicit comments on the following issues:
                    </P>
                    <P>• The need for the information collection and its usefulness in carrying out the proper functions of the agency.</P>
                    <P>• The accuracy of our estimate of the information collection burden.</P>
                    <P>
                        • The quality, utility, and clarity of the information to be collected.
                        <PRTPAGE P="12998"/>
                    </P>
                    <P>• Recommendations to minimize the information collection burden on the affected public, including automated collection techniques.</P>
                    <P>We solicit public comment on each of these issues for the following sections of this document that contain information collection requests (ICRs).</P>
                    <HD SOURCE="HD2">A. Wage Estimates</HD>
                    <P>
                        To derive wage estimates, we generally use data from the Bureau of Labor Statistics to derive labor costs (including a 100 percent increase for the cost of fringe benefits and overhead) for estimating the burden associated with the ICRs.
                        <SU>186</SU>
                        <FTREF/>
                         Table 9 presents the median hourly wage, the cost of fringe benefits and overhead, and the adjusted hourly wage.
                    </P>
                    <FTNT>
                        <P>
                            <SU>186</SU>
                             See U.S. Bureau of Labor Statistics (2024, April 3). 
                            <E T="03">Occupational Employment and Wage Statistics, May 2023 Occupation Profiles.</E>
                             Dep't. of Labor. 
                            <E T="03">https://www.bls.gov/oes/current/oes_stru.htm.</E>
                        </P>
                    </FTNT>
                    <P>As indicated, employee hourly wage estimates have been adjusted by a factor of 100 percent. This is necessarily a rough adjustment, both because fringe benefits and overhead costs vary significantly across employers, and because methods of estimating these costs vary widely across studies. Nonetheless, there is no practical alternative, and we believe that doubling the hourly wage to estimate total cost is a reasonably accurate estimation method.</P>
                    <GPH SPAN="3" DEEP="159">
                        <GID>EP19MR25.008</GID>
                    </GPH>
                    <P>
                        We adopt an hourly value of time based on after-tax wages to quantify the opportunity cost of changes in time use for unpaid activities. This approach matches the default assumptions for valuing changes in time use for individuals undertaking administrative and other tasks on their own time, which are outlined in an Assistant Secretary for Planning and Evaluation (ASPE) report on “Valuing Time in U.S. Department of Health and Human Services Regulatory Impact Analyses: Conceptual Framework and Best Practices.” 
                        <SU>187</SU>
                        <FTREF/>
                         We started with a measurement of the usual weekly earnings of wage and salary workers of $1,185.
                        <SU>188</SU>
                        <FTREF/>
                         We divided this weekly rate by 40 hours to calculate an hourly pre-tax wage rate of approximately $29.63. We adjusted this hourly rate downwards by an estimate of the effective tax rate for median income households of about 17 percent, resulting in a post-tax hourly wage rate of approximately $24.59. We adopt this as our estimate of the hourly value of time for changes in time use for unpaid activities and seek comment on these estimates and assumptions.
                    </P>
                    <FTNT>
                        <P>
                            <SU>187</SU>
                             Office of the Assistant Secretary for Planning and Evaluation. (2017, Sept. 17). 
                            <E T="03">Valuing Time in U.S. Department of Health and Human Services Regulatory Impact Analyses: Conceptual Framework and Best Practices.</E>
                             Dep't of HHS. 
                            <E T="03">https://aspe.hhs.gov/reports/valuing-time-us-department-health-human-services-regulatory-impact-analyses-conceptual-framework.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>188</SU>
                             U.S. Bureau of Labor Statistics. 
                            <E T="03">Employed full time: Median usual weekly nominal earnings (second quartile): Wage and salary workers: 16 years and over [LEU0252881500A],</E>
                             retrieved from FRED, Federal Reserve Bank of St. Louis. 
                            <E T="03">https://fred.stlouisfed.org/series/LES1252881500Q.</E>
                             Annual Estimate, 2024.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">B. ICRs Regarding Deferred Action for Childhood Arrivals</HD>
                    <HD SOURCE="HD3">1. Basic Health Program (42 CFR 600.5)</HD>
                    <P>The following proposed changes will be submitted for review under OMB Control Number 0938-1218 (CMS-10510).</P>
                    <P>The proposed changes to 42 CFR 600.5 would again exclude DACA recipients from the definition of “lawfully present” used to determine eligibility for a BHP in those States that elect to operate the program, if otherwise eligible. The impact of this change would be with regards to the two States that currently operate a BHP—Minnesota and Oregon. We assume for the purposes of this estimate that both States have completed the updates from the 2024 DACA Rule. We estimate that it would take each State 100 hours to develop and code the changes to its BHP eligibility and verification system to correctly evaluate eligibility under the revised definition of “lawfully present” to once again exclude DACA recipients as outlined in section III.B.1. of this proposed rule. To be conservative in our estimates, we are assuming 100 hours per State, but it is important to note that it may take each State less than 100 hours given that the work required to implement this rule for Minnesota's and Oregon's State Exchange systems may also be able to be leveraged for its BHPs.</P>
                    <P>
                        Of those 100 hours, we estimate it would take a database and network administrator and architect 25 hours at $101.66 per hour and a computer programmer 75 hours at $95.88 per hour.
                        <SU>189</SU>
                        <FTREF/>
                         In the aggregate, we estimate a one-time burden of 200 hours (2 States × 100 hours) at a cost of $19,465 (2 States × [(25 hours × $101.66 per hour) + (75 hours × $95.88 per hour)]) for completing the necessary updates to the application for BHP coverage.
                    </P>
                    <FTNT>
                        <P>
                            <SU>189</SU>
                             See U.S. Bureau of Labor Statistics (2024, April 3). 
                            <E T="03">Occupational Employment and Wage Statistics, May 2023 Occupation Profiles.</E>
                             Dep't. of Labor. 
                            <E T="03">https://www.bls.gov/oes/current/oes_stru.htm.</E>
                        </P>
                    </FTNT>
                    <P>
                        These proposed changes, if finalized, would reduce costs on States related to the decrease in applications for individuals who would have applied for coverage if not for this proposed change. Those impacts are accounted for under OMB Control Number 0938-1191 (Data 
                        <PRTPAGE P="12999"/>
                        Collection to Support Eligibility Determinations for Insurance Affordability Programs and Enrollment through Health Insurance Marketplaces, Medicaid and Children's Health Insurance Program Agencies (CMS-10440)), discussed in section IV.B.3. of this proposed rule, which pertains to the streamlined application.
                    </P>
                    <HD SOURCE="HD3">2. Exchanges and Processing Streamlined Applications (§ 155.20)</HD>
                    <P>The following proposed changes will be submitted for review under OMB Control Number 0938-1191 (CMS-10440). As discussed previously, we propose to modify the definition of “lawfully present” at § 155.20 to exclude DACA recipients from the definition of “lawfully present” that is used to determine eligibility to enroll in a QHP through an Exchange, for PTC, APTC, and CSRs, and to enroll in a BHP in States that elect to operate a BHP. This proposed change would apply to the 20 State Exchanges, as well as Exchanges on the Federal platform.</P>
                    <P>
                        On December 9, 2024, the United States District Court for the District of North Dakota issued a preliminary injunction in 
                        <E T="03">Kansas</E>
                         v. 
                        <E T="03">United States of America</E>
                         (Case No. 1:24-cv-00150). Per the district court's ruling, the 2024 DACA Rule is enjoined in three States that operate State Exchanges—Kentucky, Idaho, and Virginia. Even though DACA recipients are not currently eligible for Exchange coverage in these three States, we are still estimating that these State Exchanges may still need to make eligibility system changes in order to correctly implement this rule. This is because these State Exchanges may need to make changes in order to correctly re-implement the clarifying and technical changes to the definition of “lawfully present” that were included in the 2024 DACA Rule, and that are not altered by this proposed rule, but that are currently blocked in these three State Exchanges due to the court's injunction. We estimate that it would take the Federal Government and each of the State Exchanges 1,000 hours in 2025 to develop and code changes to their eligibility systems to correctly evaluate and verify eligibility under the revised definition of “lawfully present,” such that DACA recipients are no longer considered lawfully present for purposes of enrolling in a QHP offered through an Exchange, APTC, PTC, CSRs, or BHP coverage in States that elect to operate a BHP, as outlined in section III.B.1. of this proposed rule. This estimate is informed by the FFE's prior experience implementing similar system changes. Of those 1,000 hours, we estimate it would take a database and network administrator and architect 250 hours at $101.66 per hour and a computer programmer 750 hours at $95.88 per hour. In aggregate for the States, we estimate a one-time burden in 2025 of 20,000 hours (20 State Exchanges × 1,000 hours) at a cost of $1,946,500 (20 States × [(250 hours × $101.66 per hour) + (750 hours × $95.88 per hour)]) for completing the necessary updates to State Exchange eligibility systems.
                        <SU>190</SU>
                        <FTREF/>
                         For the Federal Government, we estimate a one-time burden in 2025 of 1,000 hours at a cost of $97,325 ((250 hours × $101.66 per hour) + (750 hours × $95.88 per hour)). In total, the burden associated with all system updates would be 21,000 hours at a cost of $2,043,825.
                    </P>
                    <FTNT>
                        <P>
                            <SU>190</SU>
                             On December 9, 2024, the United States District Court for the District of North Dakota issued a preliminary injunction in 
                            <E T="03">Kansas</E>
                             v. 
                            <E T="03">United States of America</E>
                             (Case No. 1:24-cv-00150). Per the district court's ruling DACA recipients in three State Exchanges—Kentucky, Idaho, and Virginia—are not eligible to enroll in Exchange coverage. As a result, these three States may have already incorporated the necessary changes to their eligibility system and mailed any required notices to impacted consumers.
                        </P>
                    </FTNT>
                    <P>Next, we estimate costs associated with termination operations to end Exchange coverage for any DACA recipients who are already enrolled. This work would need to be done by the Federal Government, which would take steps to end coverage for DACA recipients enrolled in States with FFEs and SBE-FPs and ensure that DACA recipients are not renewed for future coverage years. Additionally, we anticipate that termination operations would occur in the 17 States that operate State Exchanges where the 2024 DACA Rule is not currently enjoined. We assume that in the three States that operate State Exchanges where the 2024 DACA Rule is enjoined, the State has already undertaken the work necessary to end coverage for DACA recipients and therefore would not need to perform additional work as a result of this rule.</P>
                    <P>
                        We estimate that it would take the Federal Government and each of the 17 State Exchanges 1,000 hours in 2025 to terminate Exchange coverage for DACA recipients.
                        <E T="51">191 192</E>
                        <FTREF/>
                         This estimate is informed by the FFE's prior experience implementing similar system changes. Of those 1,000 hours, we estimate it would take a database and network administrator and architect 250 hours at $101.66 per hour and a computer programmer 750 hours at $95.88 per hour. In aggregate for the States, we estimate a one-time burden in 2025 of 17,000 hours at a cost of $1,654,525 (17 States × [(250 hours × $101.66 per hour) + (750 hours × $95.88 per hour)]) in 2025 for all termination operations. For the Federal Government, we estimate a one-time burden in 2025 of 1,000 hours at a cost of $97,325 ((250 hours × $101.66 per hour) + (750 hours × $95.88 per hour)). Collectively, we estimate that it would take the Federal Government and each of the State Exchanges 18,000 hours at an associated cost of $1,751,850 to end coverage for DACA recipients. We seek comments on these burden estimates, including regarding additional costs and benefits anticipated as a result of this proposal.
                    </P>
                    <FTNT>
                        <P>
                            <SU>191</SU>
                             Section 155.310(g).
                        </P>
                        <P>
                            <SU>192</SU>
                             On December 9, 2024, the United States District Court for the District of North Dakota issued a preliminary injunction in 
                            <E T="03">Kansas</E>
                             v. 
                            <E T="03">United States of America</E>
                             (Case No. 1:24-cv-00150). In compliance with the Court's order, CMS terminated enrollments for PY 2025 for DACA recipients in 16 States that are served by the Federal platform. All impacted consumers received notices regarding their ineligibility for Exchange coverage. These States are Alabama, Arkansas, Florida, Indiana, Iowa, Kansas, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, and Texas.
                        </P>
                    </FTNT>
                    <P>“Data Collection to Support Eligibility Determinations for Insurance Affordability Programs and Enrollment through Health Benefits Exchanges, Medicaid and CHIP Agencies,” OMB Control Number 0938-1191 (CMS-10440) accounts for burdens associated with the streamlined application for enrollment in the programs impacted by this rule. As such, the following information collection addresses the burden of processing applications and assisting enrollees with BHP and Exchange QHP enrollment, and those impacts are not reflected in the ICRs for BHP, discussed in section IV.B.1. of this proposed rule.</P>
                    <P>
                        For assisting eligible enrollees and processing their applications, we estimate this would take a government programs eligibility interviewer 10 minutes (0.17 hours) per application at a rate of $48.34 per hour, for a cost of approximately $8.22 per application. This estimate is based on past experience with similar application changes. As outlined further in section IV.B.3. of this final rule, we anticipate that approximately 11,000 fewer individuals impacted by this proposal would complete the application annually. Therefore, the total application processing burden associated with this proposal would be reduced by 1,870 hours (0.17 hours × 11,000 applications) for a total cost savings of $90,396 (1,870 hours × $48.34 per hour). As discussed further in this section, we anticipate an overall reduction in application processing burden for States and the Federal Government. We estimate these proportions as follows and seek 
                        <PRTPAGE P="13000"/>
                        comment on these estimates and the methodology and assumptions used to calculate them.
                    </P>
                    <P>As outlined in section VI.C.1. of this proposed rule, we estimate that as a result of this proposal, if finalized, 10,000 fewer individuals would enroll in QHP coverage and 1,000 fewer individuals would enroll in a BHP on average each year, including redeterminations and re-enrollments.</P>
                    <P>
                        The entire information collection savings associated with changes to BHPs falls on the two States that currently operate a BHP—Minnesota and Oregon.
                        <SU>193</SU>
                        <FTREF/>
                         As such, we assume 100 percent of the BHP application processing savings would fall on these two States. Using the per-application processing burden of 10 minutes (0.17 hours) per application at a rate of $48.34 per hour, and the estimate that 1,000 fewer individuals would apply for BHP, we anticipate a burden reduction of 170 hours with an associated cost savings of $8,218, for States to process BHP applications.
                    </P>
                    <FTNT>
                        <P>
                            <SU>193</SU>
                             Minnesota's BHP began January 1, 2015. Oregon's BHP began July 1, 2024. For more information, see CMS. (n.d.) 
                            <E T="03">Basic Health Program. https://www.medicaid.gov/basic-health-program/index.html.</E>
                        </P>
                    </FTNT>
                    <P>
                        For the Exchanges, we use data from the 2024 Open Enrollment Period to estimate the proportion of applications that are processed by States compared to the Federal Government, and we determined that 49 percent of Exchange applications were submitted to FFEs/SBE-FPs, and are therefore processed by the Federal Government, while 51 percent were submitted to and processed by the 20 State Exchanges.
                        <SU>194</SU>
                        <FTREF/>
                         As such, we anticipate that 49 percent of Exchange application processing savings would be attributed to the Federal Government and 51 percent of Exchange application processing savings would be attributed to States using their own eligibility and enrollment platforms.
                    </P>
                    <FTNT>
                        <P>
                            <SU>194</SU>
                             CMS. (2024, March 27). 
                            <E T="03">Health Insurance Markets 2024 Open Enrollment Report. https://www.cms.gov/files/document/health-insurance-exchanges-2024-open-enrollment-report-final.pdf.</E>
                        </P>
                    </FTNT>
                    <P>For the Exchanges, if we estimate 10,000 fewer applications would be processed, 51 percent of those (5,100) would no longer be processed by State Exchanges and 49 percent (4,900) would no longer be processed by the Federal Government. Using the per-application processing burden of 10 minutes (0.17 hours) per application at a rate of $48.34 per hour, we anticipate cost savings of $41,911 or a reduction by 867 hours for State Exchanges to process applications. Additionally, we estimate cost savings of $40,267 or a reduction by 833 hours for the Federal Government to process applications at a rate of $48.34 per hour. Therefore, the total burden on State Exchanges to assist eligible beneficiaries and process their applications would be reduced by 1,037 hours annually beginning in 2025 (170 hours for BHP + 867 hours for State Exchanges) with a net cost reduction of $50,129. The total burden on the Federal Government would be reduced by 833 hours annually beginning in 2025 (entirely for Exchanges), with a net cost reduction of $40,267.</P>
                    <P>
                        In addition, Exchanges would have required individuals completing the application to submit supporting documentation to confirm their lawful presence if it was unable to be verified electronically through a data match with DHS via the Hub using DHS' Systematic Alien Verification for Entitlements (SAVE) system.
                        <SU>195</SU>
                        <FTREF/>
                         An applicant's lawful presence may not be able to be verified if, for example, the applicant opts to not include information about their immigration documentation such as their alien number or employment authorization document (EAD) number when they fill out the application. Therefore, we anticipate cost savings for Exchanges due to the reduction in lawful presence inconsistencies for DACA recipients who were not able to have their immigration status verified electronically during the application process.
                    </P>
                    <FTNT>
                        <P>
                            <SU>195</SU>
                             Section 155.315(f).
                        </P>
                    </FTNT>
                    <P>
                        Of the 10,000 fewer DACA recipients who would apply for Exchange coverage as a result of this rule, we estimate that 20 percent, or 2,000, would have generated an immigration status inconsistency.
                        <SU>196</SU>
                        <FTREF/>
                         Of these 2,000 inconsistencies, we assume that 51 percent of those (1,020) would no longer be processed by State Exchanges and 49 percent (980) would no longer be processed by the Federal Government.
                        <SU>197</SU>
                        <FTREF/>
                         To adjudicate an inconsistency, we estimate that it would have taken an eligibility support worker (BLS occupation code 43-4061) 12 minutes, or 0.2 hours, at an hourly rate of $48.34 to review submitted documentation. Therefore, for State Exchanges, we anticipate a net burden reduction of 204 hours (0.2 hours × 1,020 inconsistencies) with an equivalent cost savings of $9,861 (204 hours × $48.34 per hour). For the Federal Government, we anticipate a net burden reduction of 196 hours (0.2 hours × 980 inconsistencies), with an equivalent cost savings of $9,475 (196 hours × $48.34 per hour). In sum, we expect a burden reduction due to processing fewer immigration status inconsistencies of 400 hours (204 hours + 196 hours), with cost savings of $19,336 (400 hours × $48.34 per hour).
                    </P>
                    <FTNT>
                        <P>
                            <SU>196</SU>
                             Estimates are based on internal CMS data comparing the number of immigration DMIs generated to the number of noncitizen enrollees during similar time periods during 2024, rounded to the nearest 5 percent.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>197</SU>
                             CMS. (2024, March 27). 
                            <E T="03">Health Insurance Markets 2024 Open Enrollment Report. https://www.cms.gov/files/document/health-insurance-exchanges-2024-open-enrollment-report-final.pdf.</E>
                        </P>
                    </FTNT>
                    <P>We seek comment on these estimates and the methodology and assumptions used to calculate them.</P>
                    <HD SOURCE="HD3">3. Application Process for Applicants</HD>
                    <P>The following proposed changes will be submitted for review under OMB Control Number 0938-1191 (CMS-10440).</P>
                    <P>
                        As required by the ACA, there is one application through which individuals may apply for health coverage in a QHP through an Exchange and for other insurance affordability programs like Medicaid, CHIP, and a BHP in a State that chooses to operate a BHP.
                        <SU>198</SU>
                        <FTREF/>
                         We note that this proposed rule proposes no changes to the eligibility application for Medicaid and CHIP. Hence, this section only includes data on the burden associated with completing an application and submitting additional information to verify lawful presence, if necessary, for health coverage in a QHP through an Exchange and for BHP coverage.
                        <SU>199</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>198</SU>
                             42 U.S.C. 18083.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>199</SU>
                             We assume that the burden of completing an application is essentially the same regardless of whether the individual were to apply directly with the State agency responsible for administering the BHP or with an Exchange.
                        </P>
                    </FTNT>
                    <P>
                        In the existing information collection request for this application (OMB Control Number 0938-1191), we estimate that the application process would take an average of 30 minutes (0.5 hours) to complete for those applying for insurance affordability programs and 15 minutes (0.25 hours) for those applying without consideration for insurance affordability programs.
                        <SU>200</SU>
                        <FTREF/>
                         Based on internal data from the previous open enrollment period when DACA recipients were eligible to complete the application, we estimate that approximately 11,000 such individuals would have completed the application. We estimate that of the 11,000 fewer individuals who would have applied for QHP coverage through an Exchange or for BHP coverage were it not for these proposed changes, 98 percent would have applied for 
                        <PRTPAGE P="13001"/>
                        insurance affordability programs and 2 percent would have applied without consideration of insurance affordability programs. Using the hourly value of time for changes in time use for unpaid activities discussed in section IV.A. of this proposed rule (at an hourly rate of $24.59), the average opportunity cost to an individual for completing this task is estimated to be approximately 0.495 hours [(0.5 hours × 98 percent) + (0.25 hours × 2 percent)] at a cost of $12.17. Therefore, given the proposed changes to the definition of “lawfully present” and the impact on the 11,000 individuals who may have otherwise completed the application, we anticipate net annual cost savings of approximately $133,870, or a reduction of approximately 5,445 hours.
                    </P>
                    <FTNT>
                        <P>
                            <SU>200</SU>
                             We note that this analysis includes estimates for completing electronic applications only. Internal CMS data show that less than 1 percent of applicants utilize the paper application.
                        </P>
                    </FTNT>
                    <P>
                        As discussed above, based on recent internal data from the Federal platform, we estimate that of the 11,000 individuals impacted by the changes proposed to the definition of “lawfully present” in this rule, approximately 80 percent (or 8,800) of applicants would have been able to have their lawful presence electronically verified, and the remaining 20 percent (or 2,200) of applicants would have been unable to have their lawful presence electronically verified and would therefore have had to submit supporting documentation to confirm their lawful presence.
                        <SU>201</SU>
                        <FTREF/>
                         We estimate that a consumer would have, on average, spent approximately 1 hour gathering and submitting required documentation. Using the hourly value of time for changes in time use for unpaid activities discussed in section IV.A. of this proposed rule (at an hourly rate of $24.59), the opportunity cost for an individual to complete this task would have been approximately $24.59. Therefore, we anticipate a net annual burden reduction of approximately 2,200 hours with an equivalent cost savings of approximately $54,098 for the 2,200 individuals who would have been unable to electronically verify their lawful presence and therefore would have needed to submit supporting documentation.
                    </P>
                    <FTNT>
                        <P>
                            <SU>201</SU>
                             Estimates are based on internal CMS data comparing the number of immigration data matching issues (DMIs) generated to the number of noncitizen enrollees during similar time periods during 2024, rounded to the nearest 5 percent.
                        </P>
                    </FTNT>
                    <P>As previously stated, for the 11,000 individuals impacted by the proposal regarding the definition of “lawfully present” this rule, the annual additional burden of completing the application would be 0.495 hours per individual on average. Under this proposed rule, if finalized, we anticipate a net reduction of 5,445 hours or cost savings of $66,266. For the 2,200 individuals who would have been unable to electronically verify their lawful presence, the total annual burden of submitting documentation to verify their lawful presence would have been 2,200 hours at a cost savings of $54,098. The average annual burden per respondent would have been 0.695 hours ((0.495 hours × 80 percent of individuals) + (1.495 hours × 20 percent of individuals)). Under this proposed rule, if finalized, we anticipate a net reduction of annual burden equaling 7,645 hours (5,445 hours + 2,200 hours) with an associated cost savings of $187,991 ($133,893 + $54,098).</P>
                    <P>We seek comment on these burden estimates.</P>
                    <HD SOURCE="HD2">C. ICRs Regarding Failure To File and Reconcile (§ 155.305(f)(4))</HD>
                    <P>We are proposing to amend current regulation at § 155.305(f)(4) under which an Exchange may not find an enrollee eligible for APTC where an enrollee or their tax filer has failed to file a Federal income tax return reconciling their APTC for two-consecutive tax years to increase the program integrity of the Exchange. We are proposing to require Exchanges to find enrollees ineligible for APTC after they or their tax filer has failed to file and reconcile their APTC for one tax year. For Exchanges on the Federal platform, the FTR process would otherwise be conducted similarly to the previous iterations of FTR prior to the 2024 Payment Notice, except that those identified as being in a one-tax year FTR status would be at risk for removal of APTC and there would no longer be a two-tax year FTR status population. Minimal changes to the language of the Exchange application questions would be necessary to obtain relevant information; as such, we anticipate that the proposed amendment would not impact the information collection burden for consumers. We anticipate that there would no longer be a 2 year FTR population, and thus the notices sent to the FTR population would be similar in inciting an urgency to act to the current two-tax year FTR notices, but that all consumers with an FTR status would be in a one-tax year FTR status. Due to this, we do not anticipate PRA impacts related to noticing requirements.</P>
                    <P>We seek comment on these assumptions and any information collection burdens not identified in this section.</P>
                    <HD SOURCE="HD2">D. ICRs Regarding Income Verification When Data Sources Indicate Income Less Than 100 Percent of the FPL (§ 155.320(c)(3)(iii))</HD>
                    <P>The following proposed changes will be submitted for review under OMB Control Number 0938-1191 (CMS-10440). We seek comment on these burden estimates.</P>
                    <P>We are proposing amendments to § 155.320(c)(3)(iii) to specify that all Exchanges must generate annual income inconsistencies when a tax filer's attested projected annual income is greater than or equal to 100 percent and not more than 400 percent of the FPL and trusted data sources indicate that projected income is under 100 percent of the FPL.</P>
                    <P>We anticipate that adding this income verification requirement would result in approximately 1 hour time spent by consumers to complete associated questions in the application or submit supporting documentation. Based on historical data from the FFE, HHS estimates that approximately 548,000 inconsistencies would be generated at the household level across all Exchanges. Therefore, adding these inconsistencies would increase burden on consumers by approximately 548,000 hours. Using the estimate of the hourly value of time for changes in time use for unpaid activities calculated at $24.59 per hour in section IV.A. of this preamble, we estimate that the annual increase in cost for each consumer would be approximately $24.59, and the annual cost increase for all consumers who would generate this income inconsistency would be approximately $13,475,320.</P>
                    <P>
                        Additionally, we estimate that adding this income verification requirement would result in an increase in burden on all Exchanges. Based on historical FFE data, we anticipate that approximately 340,000 inconsistencies would be generated at the household level for Exchanges using the Federal platform, and 208,000 inconsistencies would be generated at the household level for State Exchanges. Once households have submitted the required verification documents, we estimate that it would take approximately 1 hour and 12 minutes for an eligibility support staff person (Eligibility Interviewers, Government Programs—BLS occupation code 43-4061), at an hourly cost of $48.34, to receive, review, and verify submitted verification documents as well as conduct outreach and determine DMI outcomes. Therefore, adding these inconsistencies would result in an increase in annual burden on the Federal Government of 408,000 hours 
                        <PRTPAGE P="13002"/>
                        (340,000 verifications × 1.2 hours per verification) at a cost of $19,722,720 (408,000 hours × $48.34 per hour) and an increase in annual burden on State Exchanges of 249,600 hours (208,000 verifications × 1.2 hours per verification) at a cost of $12,065,664 (249,600 hours × $48.34 per hour).
                    </P>
                    <P>Finally, we estimate that adding this income requirement would require costs related to updating the technical systems, including the eligibility system. We estimate that it would take the Federal Exchange and each State Exchange 8,000 hours in 2025 to make these updates. Of those 8,000 hours, we estimate it would take a database and network administrator and architect 2,000 hours at $101.66 per hour and a computer programmer 6,000 hours at $95.88 per hour. Given this, we estimate that the Federal Exchange would incur a one-time burden of $778,600 (2,000 × $101.66 + 6,000 × $95.88) to make these eligibility system updates. State Exchanges would incur a one-time burden of $14,793,400 ($778,600 × 19) total associated with a total of 123,500 (8,000 × 19) burden hours.</P>
                    <P>We seek comment on these burden estimates and assumptions.</P>
                    <HD SOURCE="HD2">E. ICRs Regarding Income Verification When Tax Data Is Unavailable (§ 155.320(c)(5))</HD>
                    <P>The following proposed changes will be submitted for review under OMB Control Number 0938-1191 (CMS-10440). We seek comment on these burden estimates.</P>
                    <P>We are proposing amendments to remove § 155.320(c)(5) which currently requires Exchanges to accept attestations, and not set an Income DMI, when the Exchange requests tax return data from the IRS to verify attested projected annual household income, but the IRS confirms there is no such tax return data available.</P>
                    <P>Based on internal historical DMI data, we estimate that approximately 1,313,000 inconsistencies would be generated at the household level for Exchanges using the Federal platform, and 805,000 would be generated at the household level for State Exchanges if this proposal were finalized. Once households have submitted the required verification documents, we estimate that it would take approximately 1 hour and 12 minutes for an eligibility support staff person (BLS occupation code 43-4061), at an hourly cost of $48.34, to receive, review, and verify submitted verification documents as well as conduct outreach and determine DMI outcomes. Therefore, the removal of § 155.320(c)(5) would result in an increase in annual burden for the Federal Government of 1,575,600 hours (1,313,000 verifications × 1.2 hours per verification) at a cost of $76,164,504 (1,575,600 hours × $48.34 per hour) and an increase in annual burden on State Exchanges of 966,000 hours (805,000 verifications × 1.2 hours per verification) at a cost of $46,696,440 (966,000 hours × $48.34 per hour).</P>
                    <P>In addition to the increased administrative burden on Exchanges, if finalized, the change would increase the number of consumers who are required to submit documentation to verify their income. We estimate that consumers would each spend 1 hour to answer the associated questions and submit documentation. Based on historical data from the FFE, we estimate that approximately 2,118,000 inconsistencies would be generated at the household level across all Exchanges. Using the estimate of the hourly value of time for changes in time use for unpaid activities calculated at $24.59 per hour in section IV.A. of this preamble, we estimate that the annual increase in cost for each consumer would be approximately $24.59 and that the proposed change would increase burden on consumers by 2,118,000 hours per year at an associated cost of $52,081,620 (2,118,000 hours × $24.59 per hour).</P>
                    <P>Finally, we estimate that removing the current process of verifying income attestations when IRS returns no data would require costs related to updating the eligibility system. We estimate that it would take the Federal Exchange and each State Exchange 9,000 hours in 2025 to make these updates. Of those 9,000 hours, we estimate it would take a database and network administrator and architect 2,250 hours at $101.66 per hour and a computer programmer 6,750 hours at $95.88 per hour. Given this, we estimate that the Federal Government would incur a one-time burden of $875,925 (2,250 × $101.66 + 6,750 × $95.88) to make these eligibility system updates. State Exchanges would incur a one-time burden total of $16,642,575 ($875,925 × 19) associated with a total of 171,000 (9,000 × 19) burden hours.</P>
                    <P>We seek comment on these estimates and assumptions.</P>
                    <HD SOURCE="HD2">F. ICRs Regarding Annual Eligibility Redetermination (§ 155.335)</HD>
                    <P>
                        Under § 147.106(c) and (f), health insurance issuers that discontinue or renew non-grandfathered coverage under a product in the individual market (including coverage offered through the Exchanges) (including a renewal with uniform modifications), or that non-renew or terminate coverage under a product in the individual market (including coverage offered through the Exchanges) based on movement of all enrollees in a plan or policy outside the product's service area, are required to provide written notices to enrollees, in a form and manner specified by the Secretary.
                        <SU>202</SU>
                        <FTREF/>
                         Under § 156.1255, QHP issuers in the individual market must include certain information in the applicable renewal and discontinuation notices.
                        <SU>203</SU>
                        <FTREF/>
                         To satisfy these notice requirements, issuers in the individual market must use Federal standard notices, unless a State develops and requires the use of a different form consistent with CMS guidance.
                    </P>
                    <FTNT>
                        <P>
                            <SU>202</SU>
                             The requirement to provide notices of renewal applies to issuers in the individual or small group market. The requirement to provide notices of product discontinuation and notices of non-renewal or termination based on enrollees' movement outside the service area applies to issuers in the individual or group market. See section 2703 of the PHS Act and § 147.106. These requirements also apply with respect to grandfathered coverage pursuant to sections 2712 (former) and 2742 of the PHS Act and §§ 146.152 and 148.122.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>203</SU>
                             Section 156.1255(a) through (d).
                        </P>
                    </FTNT>
                    <P>This proposed rule proposes to amend the automatic re-enrollment hierarchy by removing § 155.335(j)(4), which currently allows Exchanges to direct re-enrollment for enrollees who are eligible for CSRs from a bronze QHP to a silver QHP in the same product if the silver QHP has a lower or equivalent net premium after the application of APTC, and if the silver QHP has the same provider network as the bronze plan into which the enrollee would otherwise have been re-enrolled. To align with this proposed change, we propose to remove language related to the bronze to silver crosswalk from the Federal standard notices.</P>
                    <P>This proposed rule also proposes to require enrollees who would otherwise be automatically re-enrolled in a QHP with a zero-dollar premium after application of APTC (“fully subsidized”) to instead be automatically re-enrolled with APTC applied to the policy reduced such that the enrollee owes a five-dollar premium. We propose to update the Federal standard notices to include language related to this proposed requirement.</P>
                    <P>
                        The burden to issuers related to sending the Federal standard notices is currently approved under OMB Control Number 0938-1254 (CMS-10527).
                        <SU>204</SU>
                        <FTREF/>
                         CMS will revise the information collection to incorporate the necessary language modifications in the Federal standard notices due to the changes proposed in this proposed rule. 
                        <PRTPAGE P="13003"/>
                        However, we do not anticipate any change in burden to issuers.
                    </P>
                    <FTNT>
                        <P>
                            <SU>204</SU>
                             OMB Control Number 0938-1254 (CMS-10527, Annual Eligibility Redetermination, Product Discontinuation and Renewal Notices).
                        </P>
                    </FTNT>
                    <HD SOURCE="HD2">G. ICRs Regarding Pre-Enrollment Verification for Special Enrollment Periods (§ 155.420)</HD>
                    <P>The following proposed changes will be submitted for review under OMB Control Number 0938-1191 (CMS-10440). We seek comment on these burden estimates.</P>
                    <P>We are proposing to amend § 155.420(g) to require all Exchanges to conduct eligibility verification for SEPs. Specifically, we propose to remove the limit on Exchanges on the Federal platform to conducting pre-enrollment verifications for only the loss of minimum essential coverage SEP. With this limitation removed, we propose to conduct pre-enrollment verifications for most categories of SEPs for Exchanges on the Federal platform in line with operations prior to the implementation of the 2023 Payment Notice.</P>
                    <P>We also propose to require that Exchanges, including all State Exchanges, conduct SEP verification for at least 75 percent of new enrollments through SEPs for consumers not already enrolled in coverage through the applicable Exchange. We propose that Exchanges must verify at least 75 percent of such new enrollments based on the current implementation of SEP verification by Exchanges.</P>
                    <P>We anticipate that adding this expansion of pre-enrollment verification for SEPs would result in approximately 1 hour of time spent by consumers to complete associated questions in the application or submit supporting documentation. Based on historical data from the FFE, we estimate that approximately 293,073 new SEP verification issues would be generated at the household level on the Federal Exchange. Therefore, adding these inconsistencies would increase burden on consumers by approximately 293,073 hours. Using the estimate of the hourly value of time for changes in time use for unpaid activities calculated at $24.59 per hour in section IV.A. of this preamble, we estimate that the annual increase in cost for each consumer would be approximately $24.59, and the annual cost increase for all consumers who would generate this income inconsistency would be approximately $7,206,665.</P>
                    <P>Additionally, we estimate that expanding pre-enrollment verification for SEPs would result in an increase in burden on Exchanges using the Federal platform and State Exchanges. Based on historical FFE data, we anticipate that approximately 293,073 inconsistencies would be generated at the household level for Exchanges using the Federal platform, and 179,625 inconsistencies would be generated at the household level for Exchanges not using the Federal platform. Once households have submitted the required verification documents, we estimate that it would take approximately 12 minutes for an eligibility support staff person (BLS occupation code 43-4061), at an hourly cost of $48.34, to review and verify submitted verification documents. Therefore, expanding verification would result in an increase in annual burden on Exchanges using the Federal platform of 58,615 hours (293,073 verifications × 0.2 hours per verification) at a cost of $2,833,449 (58,615 hours × $48.34 per hour) and an increase in annual burden on Exchanges not using the Federal platform of 35,925 hours (179,625 verifications × 0.2 hours per verification) at a cost of $1,736,615 (35,925 hours × $48.34 per hour).</P>
                    <P>We seek comment on these burden estimates and assumptions.</P>
                    <HD SOURCE="HD2">H. Summary of Annual Burden Estimates for Finalized Requirements</HD>
                    <GPH SPAN="3" DEEP="295">
                        <GID>EP19MR25.009</GID>
                    </GPH>
                    <PRTPAGE P="13004"/>
                    <HD SOURCE="HD2">I. Submission of PRA-Related Comments</HD>
                    <P>We have submitted a copy of this proposed rule to OMB for its review of the rule's information collection and recordkeeping requirements. These requirements are not effective until they have been approved by the OMB.</P>
                    <P>
                        To obtain copies of the supporting statement and any related forms for the proposed collections discussed above, please visit CMS' website at 
                        <E T="03">www.cms.hhs.gov/PaperworkReductionActof1995,</E>
                         or call the Reports Clearance Office at 410-786-1326.
                    </P>
                    <HD SOURCE="HD1">V. Response to Comments</HD>
                    <P>
                        Because of the large number of public comments we normally receive on 
                        <E T="04">Federal Register</E>
                         documents, we are not able to acknowledge or respond to them individually. We will consider all comments we receive by the date and time specified in the 
                        <E T="02">DATES</E>
                         section of this preamble, and, when we proceed with a subsequent document, we will respond to the comments in the preamble to that document.
                    </P>
                    <HD SOURCE="HD1">VI. Regulatory Impact Analysis</HD>
                    <HD SOURCE="HD2">A. Statement of Need</HD>
                    <P>We propose to exclude DACA recipients from the definitions of “lawfully present” that are used to determine eligibility to enroll in a QHP through an Exchange, for PTC, APTC, and CSRs, and to enroll in a BHP in States that elect to operate a BHP. This proposed rule also proposes to reverse the policy restricting an issuer from attributing payment of premium for new coverage to past-due premiums from prior coverage. Additionally, we propose to revise the FTR process at § 155.305(f)(4) to reinstate the policy that Exchanges must determine enrollees ineligible for APTC when HHS notifies the Exchange that they or their tax filer has failed to file a Federal income tax return and reconcile their past APTC for a year for which their tax data would be utilized to verify their eligibility. We also propose policies to strengthen the verification process around annual household income. We further propose to require enrollees who would otherwise be automatically re-enrolled in a QHP with a zero-dollar premium after application of APTC (“fully-subsidized”) to instead be automatically re-enrolled with APTC applied to the policy reduced such that the enrollees owe a five-dollar premium, if they do not submit an application for an updated eligibility determination to an Exchange. We also propose to amend the automatic reenrollment hierarchy by removing § 155.335(j)(4) which currently allows Exchanges to move an enrollee from a bronze QHP to a silver QHP if the silver QHP has a lower or equivalent net premium after the application of APTC, and if the silver QHP is in the same product and has the same provider network as the bronze plan into which the enrollee would otherwise have been re-enrolled. We also propose to remove the fixed-dollar and gross percentage-based premium payment thresholds at § 155.400(g). We further propose to change the annual OEP for coverage through all individual market Exchanges from November 1 through January 15 to November 1 through December 15 of the calendar year preceding the plan year. Additionally, we propose to repeal § 155.420(d)(16) and make conforming changes to repeal the monthly SEP for qualified individuals or enrollees, or the dependents of a qualified individual or enrollee, who are eligible for APTC, and whose projected household income is at or below 150 percent of the FPL. We also propose to amend § 155.420(g) to enable HHS to reinstate (with modifications) pre-enrollment verification of eligibility of applicants for all categories of individual market SEPs and to require all State Exchanges to conduct pre-enrollment verification of eligibility for at least 75 percent of new enrollments through SEPs. Finally, we propose to update the premium adjustment percentage methodology to establish a premium growth measure that comprehensively reflects premium growth in all affected markets.</P>
                    <HD SOURCE="HD2">B. Overall Impact</HD>
                    <P>We have examined the impacts of this rule as required by Executive Order 12866, “Regulatory Planning and Review”; Executive Order 13132, “Federalism”; Executive Order 13563, “Improving Regulation and Regulatory Review”; Executive Order 14192, “Unleashing Prosperity Through Deregulation”; the Regulatory Flexibility Act (RFA) (Pub. L. 96-354); section 1102(b) of the Social Security Act; and section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).</P>
                    <P>Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select those regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). Section 3(f) of Executive Order 12866 defines a “significant regulatory action” 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, or the President's priorities.</P>
                    <P>A regulatory impact analysis (RIA) must be prepared for a regulatory action that is significant under section 3(f)(1) of E.O. 12866. The Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs (OIRA) has determined that this rulemaking is significant per section 3(f)(1). Accordingly, we have prepared an RIA that to the best of our ability presents the costs and benefits of the rulemaking. OMB has reviewed these proposed regulations under E.O. 12866, and the Department has provided the following assessment of their impact.</P>
                    <P>Executive Order 14192, titled “Unleashing Prosperity Through Deregulation,” was issued on January 31, 2025. Section 3(a) of Executive Order 14192 requires an agency, unless prohibited by law, to identify at least ten existing regulations to be repealed when the agency issues a new regulation. In furtherance of this requirement, section 3(c) of Executive Order 14192 requires that the new incremental costs associated with new regulations shall, to the extent permitted by law, be offset by the elimination of existing costs associated with prior regulations. A significant regulatory action (as defined in section 3(f) of Executive Order 12866) that would impose total costs greater than zero is considered an Executive Order 14192 regulatory action. This proposed rule, if finalized as proposed, is, therefore, expected to be an Executive Order 14192 regulatory action. Details on the estimated costs appear in the preceding analysis.</P>
                    <HD SOURCE="HD2">C. Impact Estimates of the Proposed Individual Market Program Integrity Provisions and Accounting Table</HD>
                    <P>
                        Consistent with OMB Circular A-4 (available at 
                        <E T="03">https://trumpwhitehouse.archives.gov/sites/whitehouse.gov/files/omb/circulars/A4/a-4.pdf</E>
                        ), we have prepared an accounting statement in Table 11 showing the classification of 
                        <PRTPAGE P="13005"/>
                        the impact associated with the provisions of this proposed rule. We have included the undiscounted annual impacts in Table 12.
                    </P>
                    <P>This proposed rule would implement standards for programs that would have numerous effects, including supporting program integrity, reducing the impact of adverse selection, and stabilizing premiums in the individual and small group health insurance markets and in Exchanges. We are unable to quantify and monetize all the benefits and costs of this proposed rule. The effects in Table 11 reflect qualitative assessment of impacts and estimated direct monetary costs and transfers resulting from the provisions of this proposed rule for Exchanges, health insurance issuers, and consumers. The individual effects of each provision in this proposed rule are presented separately in Table 11 and collectively in Table 12, but we anticipate these estimates may overlap, as some individuals could be impacted by multiple provisions. Therefore, in section VI.C.18 of this RIA, we present overall impact estimates of all provisions considered jointly.</P>
                    <GPH SPAN="3" DEEP="614">
                        <PRTPAGE P="13006"/>
                        <GID>EP19MR25.010</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="640">
                        <PRTPAGE P="13007"/>
                        <GID>EP19MR25.011</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="640">
                        <PRTPAGE P="13008"/>
                        <GID>EP19MR25.012</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="375">
                        <PRTPAGE P="13009"/>
                        <GID>EP19MR25.013</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="85">
                        <GID>EP19MR25.014</GID>
                    </GPH>
                    <HD SOURCE="HD3">1. Guaranteed Availability of Coverage (§ 147.104(i))</HD>
                    <P>This proposed rule would remove § 147.104(i), which would reverse the policy prohibiting an issuer from attributing payment of premium for new coverage to past-due premiums from prior coverage. We propose that an issuer may, to the extent permitted by applicable State law, establish terms of coverage that add past-due premium amounts owed to the issuer to the initial premium the enrollee must pay to effectuate new coverage and to refuse to effectuate new coverage if the initial and past-due premium amounts are not paid in full.</P>
                    <P>The proposed policy aims to promote continuous coverage while providing issuers with an additional mechanism for past-due premium collection. The proposed policy could help reduce outstanding premium debt amount for enrollees, potentially benefiting their financial standing over time and reduce the likelihood of any debt being placed into collections. Additionally, the proposed rule could potentially improve premium collection rates and reduce administrative costs associated with repeated enrollment-termination cycles and other collection methods.</P>
                    <P>Past-due premiums can influence both issuer operations and market dynamics. This can occur if enrollees choose to move in and out of coverage based on anticipated health care needs by exploiting or utilizing loopholes in the insurance system, such as extended grace periods and allowing coverage to lapse without addressing premium obligations even when seeking to enroll in new coverage. By addressing these circumstances, the proposed policy would encourage continuous coverage and reduce the burden on issuers to collect past-due premiums in other ways. The proposed policy would reduce the risk of gaming and adverse selection by consumers.</P>
                    <P>
                        The proposed policy could also increase enrollment by encouraging enrollees to maintain continuous 
                        <PRTPAGE P="13010"/>
                        coverage. These enrollment gains may be partially offset by people who owe past-due premiums and who may be deterred from enrolling due to a higher initial premium payment. Some enrollees, particularly those facing financial constraints, might need to adjust their household budgeting to maintain coverage or, if they are not able to, become uninsured. Depending on the circumstances, these enrollees, if they become uninsured, could face higher costs for care and medical debt if care is needed. These costs could in turn be incurred by hospitals and municipalities in the form of uncompensated care. The proposed policy aims to encourage continuous coverage, reduce coverage gaps, and promote consistent payment of premiums by reducing consumers' ability to game the guaranteed availability requirement. However, others might face additional barriers to regaining coverage due to owing past-due premiums. The proposed policy seeks to balance market stability considerations by maintaining appropriate access to coverage and promoting continuity of coverage amongst enrollees. While some consumers may face challenges paying past-due premiums and could become or remain uninsured, the longer-term effects could include more stable risk pools and potentially more moderate premium trends. We seek comment on these impacts and assumptions.
                    </P>
                    <P>There is some uncertainty regarding whether the coverage gains from moderate premium trends and promoting continuous coverage would be higher than coverage losses due to the proposed policy that would allow issuers to require payment of past-due premiums. We anticipate any discouragement from enrolling would be minimal. As discussed earlier in this preamble, when this proposed policy was previously in place, the percentage of enrollees in Exchanges using the Federal platform who had their coverage terminated for non-payment of premiums dropped substantially. While the data analysis did not indicate any specific reason for this reduction, it is possible that the policy may have successfully encouraged more people to maintain continuous coverage. This likely reduced the number of people with past-due premium debt and lowered cost to issuers related to collection of past-due premiums. We expect this proposed policy would result in similar benefits. While we lack data to quantify these effects, we believe that these effects could collectively contribute to more stable market conditions over time. We seek comment on these impacts and assumptions.</P>
                    <P>This proposed policy aims to encourage continuous coverage. Therefore, we do not anticipate any significant impact on PTCs. We seek comment on this impact estimate and assumptions.</P>
                    <P>The projected impacts of this proposed policy reflect current understanding of market dynamics while acknowledging the uncertainty inherent in predicting response to the proposed policy.</P>
                    <HD SOURCE="HD3">2. Deferred Action for Childhood Arrivals (§ 155.20)</HD>
                    <P>We propose to modify the definition of “lawfully present” currently articulated at § 155.20 and used for the purpose of determining whether a consumer is eligible to enroll in a QHP through an Exchange and to enroll in a BHP in States that elect to operate a BHP. This change would exclude DACA recipients from the definition of “lawfully present” that is used to determine eligibility to enroll in a QHP through an Exchange, for PTC, APTC, and CSRs, and for BHP coverage. We anticipate excluding DACA recipients from the definition of “lawfully present” would reduce annual QHP enrollment through the Exchanges by 10,000 and annual BHP enrollment by 1,000 beginning in 2025. We project this decline in enrollment in QHP enrollment through the Exchanges would reduce annual APTC expenditures by $34.0 million and the decline in enrollment in BHP would reduce annual BHP expenditures by $3.2 million beginning in 2026.</P>
                    <P>
                        While initial estimates under the ACA expansion to DACA recipients estimated 100,000 DACA recipients would receive coverage, actual exchange enrollment of DACA recipients has been much lower. Comparing CMS internal data for participating FFE States to the count of active DACA recipients from U.S. Citizenship and Immigration Services 
                        <SU>205</SU>
                        <FTREF/>
                         showed an enrollment rate of 2 percent among DACA recipients; however, 1.3 percent of enrollment was in States that received an injunction preventing enrollment in coverage. With this new information, we have updated our DACA enrollee assumptions to 10,000 Exchange enrollees and 1,000 BHP enrollees. With the average age of DACA recipients being 30.6, we assume an APTC amount of $283 per month, leading to an expected approximately $34 million reduction in APTC expenditures through the Exchange (10,000 × $283 × 12 months = $33,960,000). Similarly, we expect approximately $3.2 million in lower BHP expenditures (1,000 × $283 × 0.95 × 12 months = $3,226,200) in States that choose to operate BHPs.
                    </P>
                    <FTNT>
                        <P>
                            <SU>205</SU>
                             U.S. Citizenship and Immigration Services. (n.d.) Immigration and Citizenship Data. Dep't of Homeland Security. 
                            <E T="03">https://www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data?topic_id%5B%5D=33602&amp;ddt_mon=12&amp;ddt_yr=2024&amp;query=approximate+active+daca&amp;items_per_page=10.</E>
                        </P>
                    </FTNT>
                    <P>
                        Because DACA recipients are young,
                        <SU>206</SU>
                        <FTREF/>
                         they generally tend to be healthier. We therefore anticipate that excluding DACA recipients from individual market QHP coverage offered through the Exchanges would have a small negative impact on the individual market risk pool. Some DACA recipients who lose Exchange or BHP coverage may be able to enroll in non-Exchange coverage. However, we anticipate the majority who lose Exchange or BHP coverage would become uninsured. This may result in costs to the Federal Government and to States to provide limited Medicaid coverage for the treatment of an emergency medical condition to DACA recipients who have a qualifying medical emergency and who become uninsured as a result of this rule.
                    </P>
                    <FTNT>
                        <P>
                            <SU>206</SU>
                             Per USCIS data, the average age of DACA recipients is 30 years old. Count of Active DACA Recipients by Month of Current DACA Expiration as of September 30, 2024. U.S. Citizenship and Immigration Services. (2024, Sept. 30). 
                            <E T="03">Count of Active DACA Recipients by Month of Current DACA Expiration as of September 30, 2024.</E>
                             Dep't of Homeland Security. 
                            <E T="03">https://www.uscis.gov/sites/default/files/document/data/active_daca_recipients_fy2024_q4.xlsx.</E>
                        </P>
                    </FTNT>
                    <P>
                        We also anticipate that this proposed change would result in costs to State Exchanges and the Federal Government to update eligibility systems in accordance with this proposal. As discussed further in section IV.B. of this proposed rule, in aggregate for the States, we estimate a one-time cost in 2025 of $1,965,965 total ($1,946,500 for State Exchanges + $19,465 for BHPs) total and $97,325 for the Federal Government. We also estimate a one-time cost in 2025 for termination operations of $1,654,525 total for State Exchanges and $97,325 for the Federal Government, as discussed further in section IV.B.2. of this proposed rule. In addition, we estimate cost savings annually beginning in 2025 for State Exchanges and States that operate BHPs of $50,129 total and for the Federal Government of $40,267 associated with assisting fewer eligible beneficiaries and processing their applications as a result of this proposal. We also estimate cost savings annually beginning in 2025 for State Exchanges of $9,861 total and for the Federal Government of $9,745 associated with processing fewer 
                        <PRTPAGE P="13011"/>
                        immigration status inconsistencies. Finally, we anticipate a net reduction in costs to individuals to complete the application of $187,991 annually, as discussed further in section IV.B.3. of this proposed rule. We seek comment on these impact estimates and assumptions, the details of which may be found in section IV.B. of this proposed rule.
                    </P>
                    <HD SOURCE="HD3">3. Standards for Termination for Cause From the FFE (§ 155.220(g)(2))</HD>
                    <P>As discussed in the preamble to this proposal, we propose to improve transparency in the process for holding agents, brokers, and web-brokers accountable for noncompliance with applicable law, regulatory requirements, and the terms and conditions of their Exchange agreements. Specifically, we propose to add text to § 155.220(g)(2) that clearly sets forth that HHS would apply a “preponderance of the evidence” standard of proof to assess potential noncompliance under § 155.220(g)(1) and make a determination there was a specific finding or pattern of noncompliance that is sufficiently severe. Our proposed regulatory change would put all agents, brokers, and web-brokers assisting consumers with enrollment on the FFEs and SBE-FPs on notice of the evidentiary standard we would use in leveraging our enforcement authority under § 155.220(g)(1) through (3). We believe this proposed update would make the regulations easier to follow and more clearly articulate our enforcement process improving transparency for agents, brokers, and web-brokers, consumers, and other interested parties.</P>
                    <P>We believe our proposed change would have positive impacts on agents, brokers, and web-brokers. Codifying the evidentiary standard would provide agents, brokers, and web-brokers under investigation for noncompliant behavior more transparency into HHS' evidentiary expectations. We anticipate agents, brokers, and web-brokers would react positively to knowing more about our enforcement processes and how we determine regulatory compliance.</P>
                    <P>We do not anticipate any impact or burdens on agents, brokers, or web-brokers stemming from our proposals as we are not proposing to expand the bases under which HHS may find them noncompliance under § 155.220(g)(1) through (3) or otherwise require more from agents and brokers as part of this enforcement framework; rather, we are proposing to clarify an evidentiary standard that is not explicit at present.</P>
                    <P>We seek comment on these impact estimates and assumptions.</P>
                    <HD SOURCE="HD3">4. Failure To File and Reconcile (§ 155.305(f)(4))</HD>
                    <P>We are proposing to amend the FTR process at § 155.305(f)(4) to require Exchanges to determine a tax filer ineligible for APTC if HHS notifies the Exchange that the tax filer failed to file a Federal income tax return and reconcile APTC for any year for which tax data would be used to verify APTC eligibility. This proposal would remove the current flexibility that gives tax filers two-consecutive tax years to file and reconcile before removing APTC. To conform with this proposal, we further propose to amend the notice requirement at § 155.305(f)(4)(i) aimed at addressing the gap in notice from giving tax filers a second consecutive tax year to comply with the requirement to file Federal income taxes and reconcile APTC received under the current policy and remove the notice requirement at § 155.305(f)(4)(ii) that requires notification for enrollees and tax filers that are found to be in a two-tax year FTR status.</P>
                    <P>Previously, we estimated the cost of giving enrollees two-consecutive tax years to meet the requirement to file and reconcile would increase APTC expenditures by approximately $373 million per year beginning in PY 2025 for those enrollees who have not filed and reconciled for only one tax year and retain their APTC eligibility. Since making that estimate, the number of improper enrollments has increased dramatically, and we believe a lack of enforcement under the current FTR policy has contributed to this increase. In 2024, HHS implemented various system and logic changes to decrease and/or prevent certain agent, broker, and web-broker noncompliant conduct in an effort to mitigate unauthorized enrollments, and we have observed some improvements. Due to these recent safeguards, as well as the FTR notices that were provided in the Fall 2024, it is likely that the FTR population identified prior to OEP 2025 represents a peak in the FTR population. In addition, it is likely that if enhanced subsidies are not extended, the total Exchange population would most likely drop, thereby also decreasing the FTR population. Due to these competing influences, it is difficult to determine the overall impact that this proposal would have on APTC expenditures. While the current two-tax year FTR process may inadvertently shield some unauthorized enrollments during PY 2025 for consumers who may have enrolled in Exchange coverage in PY 2023 (as most Exchange activity to mitigate unauthorized enrollments was implemented in PY 2024), the two-tax year FTR process would catch those consumers for PY 2026, as would this proposed change to the FTR process. Therefore, it is likely that the APTC savings resulting from this proposed policy change would not be derived from the decrease in unauthorized enrollments, but rather from the proportion of consumers who are not eligible for APTC for income eligibility related reasons. Taking all of these considerations into account, we still anticipate that APTC expenditures would decrease by more than what we previously estimated due to the increase in the overall Exchange population. While we initially sent out almost 1.8 million FTR notices prior to OEP 2025, our initial run of FTR Recheck in January 2025, has already reduced this number to approximately 690,000 households.</P>
                    <P>
                        It is difficult to draw historically similar comparisons for multiple reasons: FTR had been inactive for three consecutive filing seasons prior to this point due to the COVID-19 PHE, the increase in improper enrollments, and the newly implemented two-tax year FTR process. However, historically, between removal of APTC at auto-reenrollment and the FTR Recheck process, the overall population of enrollees that has ended up losing APTC compared to the initially identified population prior to OEP has ranged from 18 percent to 43 percent from 2016 to 2020. On average, 30 percent of enrollees lost their APTC due to FTR. Reasonable expectations of the proportion of one-tax year FTR enrollees as a percentage of our currently identified FTR population could range from 50 percent of the 690,000 to approximately 80 percent of the 690,000 remaining FTR enrollees. Historically, approximately 55 percent of those identified at FTR Recheck go on to lose their APTC for FTR reasons. Therefore, based on our current knowledge of this year's FTR population, the range of one-tax year FTR consumers who would lose APTC under this proposed policy could be approximately 189,000 to 303,000 households. The average APTC received per consumer per month for 2024 among those receiving APTC is $548, and the average household has 1.4 consumers. Removing APTC after FTR Recheck can save up to 8 months of APTC. Therefore, the average Federal APTC savings could range from $1.16 billion to $1.86 billion annually; however, these impacts likely overstate the possible savings available in the future due to the competing impact of implementing the program integrity 
                        <PRTPAGE P="13012"/>
                        measures in the Exchange, the resumption of FTR noticing for PY 2025, as well as the other impacts of this proposed rule that would impact a similar population as the FTR population.
                    </P>
                    <P>This proposal would support compliance with the filing and reconciling requirement under 36B(f) of the Code and its implementing regulations at 26 CFR 1.36B-4(a)(1)(i) and (a)(1)(ii)(A). By supporting greater compliance, this proposal would also minimize the potential for APTC recipients to incur large tax liabilities.</P>
                    <P>Using the proposed notice policy that is similar to our prior notice procedure before FTR was paused, we anticipate eligible enrollees would respond and take appropriate action to file and reconcile to maintain continuous coverage. To the extent enrollees are not aware of or confused by the requirement to file and reconcile, enrollees would receive an indirect notice that protects FTI prior to Open Enrollment as well as a notice at the time of FTR Recheck. The tax filer (and enrollee if they are the same person) would also receive a direct notice prior to Open Enrollment as well as a direct notice at the time of FTR Recheck. Enrollees whose APTC is terminated as a result of the FTR process would receive an updated eligibility determination notice that contains a full explanation of appeal rights. Enrollees who appeal may request to continue receiving financial assistance during the appeal, consistent with § 155.525. We believe the notices and appeal rights protect continuity of coverage for eligible enrollees and, therefore, anticipate the proposal would continue to avoid situations where eligible enrollees become uninsured when their APTC is terminated. Because the proposal would discontinue APTC for a larger number of enrollees, we anticipate a portion of those enrollees would drop coverage and become uninsured. This may result in costs to State governments and private hospitals in the form of charity care for individuals who become uninsured because of this rule and have medical emergencies.</P>
                    <P>Currently, Exchanges must send separate notices to people with one-tax year FTR status and two-consecutive tax years of FTR status. This proposal streamlines the notice process by eliminating the separate notice for enrollees in their second year of FTR status. Therefore, we anticipate this proposal would also reduce the burden of providing notice to enrollees with an FTR status. In the 2026 Payment Notice (90 FR 4524), we estimated that sending two-year notices would cost the Federal Government approximately $292,000 and cost State Exchanges approximately $92,400 (cost of $0.84 per notice for FY 2025 which is based on the cost for the Exchanges on the Federal platform to send an average notice × 110,000 FTR notices) annually through 2029. With respect to costs to the Federal Government, HHS is not publishing specific future contract estimates in this rule because publishing those contract estimates could undermine future contract procurements. For example, if we were to publish the projected future cost of the contracts used to provide print notifications, the Federal Government would be meaningfully disadvantaged in future contract negotiations related to Federal notice printing activities, as bidders would know how much we anticipate such a future contract being worth. We noted that this estimate could decrease specifically depending on the overall population size of the Exchange in response to whether increased subsidies are continued or not. By removing the additional year of APTC eligibility for FTR consumers, we would remove at least some of the associated noticing requirements and corresponding two-tax year FTR population so this cost savings would provide a benefit to the Federal Government and State Exchanges.</P>
                    <P>
                        We estimate that it would take the Federal Government and each State Exchange approximately 10,000 hours in 2025 to develop and code changes to the eligibility systems to evaluate and verify FTR status under the revised FTR process, such that enrollees are found to be FTR after one tax year of failing to file and reconcile their APTC. Of those approximately 10,000 hours, we estimate it would take a database and network administrator and architect 2,500 hours at $101.66 per hour and a computer programmer 7,500 hours at $95.88 per hour based on our prior experience with system changes. In aggregate for the State Exchanges, we estimate a one-time burden in 2025 of 200,000 hours (20 State Exchanges × 10,000 hours) at a cost of $19,465,000 (20 States × [(50,000 hours × $101.66 per hour) + (150,000 hours × $95.88 per hour)]) for completing the necessary updates to State Exchange eligibility systems.
                        <SU>207</SU>
                        <FTREF/>
                         For the Federal Government, we estimate a one-time burden in 2025 of 10,000 hours at a cost of $973,250 ((2,500 hours × $101.66 per hour) + (7,500 hours × $95.88 per hour)). In total, the burden associated with all system updates would be 210,000 hours at a cost of $20,438,250. We recognize the burden this proposal may place on State Exchanges, if finalized, and seek comment on the impact of this burden and potential less burdensome alternatives that would still further the program integrity goals of this proposal.
                    </P>
                    <FTNT>
                        <P>
                            <SU>207</SU>
                             On December 9, 2024, the United States District Court for the District of North Dakota issued a preliminary injunction in 
                            <E T="03">Kansas</E>
                             v. 
                            <E T="03">United States of America</E>
                             (Case No. 1:24-cv-00150). Per the district court's ruling DACA recipients in three State Exchanges—Kentucky, Idaho, and Virginia—are not eligible to enroll in Exchange coverage. As a result, these three States may have already incorporated the necessary changes to their eligibility system and mailed any required notices to impacted consumers.
                        </P>
                    </FTNT>
                    <P>We seek comment on these impact estimates and assumptions.</P>
                    <HD SOURCE="HD3">5. 60-Day Extension To Resolve Income Inconsistency (§ 155.315(f)(7))</HD>
                    <P>We propose to remove § 155.315(f)(7) which requires that applicants must receive an automatic 60-day extension in addition to the 90 days currently provided by § 155.315(f)(2)(ii) to allow applicants sufficient time to provide documentation to verify any DMI, including income inconsistencies. Using previous costs associated with implementing this policy and similar policies, we anticipate that taking out this extension would result in a one-time cost of approximately $500,000 to Exchanges. For the 19 State Exchanges, we anticipate this would be a total cost of approximately $9,500,000 ($500,000 × 19). We recognize the burden this proposal may place on State Exchanges, if finalized, and seek comment on the impact of this burden and potential less burdensome alternatives that would still further the program integrity goals of this proposal.</P>
                    <P>
                        By reducing the period to provide documentation to verify income from 150 days to 90 days, we anticipate households using the Exchanges on the Federal platform to experience a reduction in the number of months they receive APTC, and that, using our internal analysis of historical enrollment and DMI data, approximately 140,000 enrollees will lose APTC eligibility. For State Exchanges, we also anticipate households may experience a reduction in the number of months they receive APTC, resulting in approximately 86,000 enrollees losing APTC eligibility. In total, using the average monthly APTC amount of $588.07 and 2 months reduced APTC, this would result in $266 million (140,000 × $588.07 × 2 + 86,000 × $588.07 × 2) less APTC expenditures annually across all Exchanges. We accept comments on whether this number may be slightly less because of potential decreased enrollment if the enhanced premium tax credits are no longer in effect.
                        <PRTPAGE P="13013"/>
                    </P>
                    <P>We seek comment on these impact estimates and assumptions.</P>
                    <HD SOURCE="HD3">6. Income Verification When Data Sources Indicate Income Less Than 100 Percent of the FPL (§ 155.320(c)(3)(iii))</HD>
                    <P>This proposed rule would amend § 155.320(c)(3)(iii) to create annual income DMIs when applicants attest to income above 100 percent of the FPL, but trusted data sources show income below 100 percent of the FPL. As discussed further in section IV.D. of this proposed rule, we also estimate an approximate increase in annual burden costs of $19.7 million for the Federal Government and $12.1 million total for State Exchanges to receive, review, and verify submitted verification documents as well as conduct outreach and determine DMI outcomes for applicants below 100 percent of the FPL, as well as approximate one-time costs to update the eligibility systems and perform other technical updates for this change of $778,600 for the Federal Government and approximately $14.8 million total for State Exchanges. Finally, as also discussed further in section IV.D. of this preamble, we estimate an increase in annual burden of $13,475,320 for consumers to submit documentation to fulfill income verification requirements. We recognize the burden this proposal may place on State Exchanges, if finalized, and seek comment on the impact of this burden and potential less burdensome alternatives that would still further the program integrity goals of this proposal.</P>
                    <P>By reducing the number of applicants who inflate income to qualify for APTC and the opportunities for improper enrollments, we anticipate this proposal would substantially reduce Federal APTC expenditures. Based on our analysis of enrollment data from DMI generation numbers from when this DMI was previously in place, we estimate creating DMIs that require additional verification would reduce the number of people who receive APTC by 50,000 for Exchanges on the Federal platform, and by 31,000 for State Exchanges. Using an estimated average four months reduced APTC and an average monthly APTC rate of $588.07 per person, we estimate total APTC expenditures would be reduced by approximately $189 million annually (50,000 × $588.07 x 4 + 31,000 × $588.07 × 4 months).</P>
                    <P>We also anticipate that stronger income verification standards would increase Federal and State Medicaid expenditures by enrolling more people in Medicaid who would otherwise have enrolled in APTC subsidized coverage. We do not have the data necessary to provide specific estimates on the increase in Medicaid expenditures and seek comment on data sources we could use to further this analysis.</P>
                    <P>We anticipate the stronger income verification standards would have only a minimal impact on the number of eligible tax filers who enroll in APTC subsidized coverage. Although we acknowledge that income verification can be more challenging for lower-income tax filers due to less consistent employment, our experience with income verifications suggests the process does not impose a substantial burden. Moreover, the generosity of the subsidy for lower-income households creates a strong incentive for applicants to follow through and meet the verification requirements. We seek comment on these impact estimates and assumptions.</P>
                    <HD SOURCE="HD3">7. Income Verification When Tax Data Is Unavailable (§ 155.320(c)(5))</HD>
                    <P>We propose to remove § 155.320(c)(5) which requires Exchanges to accept an applicant's income attestation without further verification when tax return data is unavailable. As further discussed in section IV.E. of this proposed rule, we estimate an increase in annual burden costs of approximately $76.2 million for the Federal Government and approximately $46.7 million total for State Exchanges to receive, review, and verify submitted verification documents as well as conduct outreach and determine DMI outcomes for applicants whose tax return data is unavailable, as well as approximate one-time costs to update the eligibility systems and perform other technical updates for this change of approximately $876,000 for the Federal Government and approximately $16.6 million total for State Exchanges. As also further discussed in section IV.E. of this proposed rule, we also estimate an increase in annual burden of $52,081,620 for consumers to submit documentation to fulfill income verification requirements associated with this proposal. We recognize the burden this proposal may place on State Exchanges, if finalized, and seek comment on the impact of this burden and potential less burdensome alternatives that would still further the program integrity goals of this proposal.</P>
                    <P>The prior alternative verification process for applicants without tax return data in place from 2013 to 2023 provided a basic, frontline protection against improper APTC payments. Based on our analysis of enrollment data from DMI generation numbers from when this DMI was previously in place, as well as historical enrollment data, we estimate creating DMIs that require additional verification would result in a decrease in APTC, potentially to nothing, by 252,000 enrollees for Exchanges on the Federal platform, and by 155,000 enrollees for State Exchanges. Using an estimated average four months reduced APTC and with an average monthly APTC rate of $588.07 per person, we anticipate that this proposed change could result in a reduction of $956 million (252,000 x $588.07 x 4 + 155,000 x $588.07 x 4) in annual APTC expenditures. We accept comments on whether this number may be slightly less because of potential decreased enrollment if the enhanced premium tax credits are no longer in effect.</P>
                    <P>Although reintroducing income verification for applicants with no tax return data would increase the burden on some applicants, we do not anticipate this burden would deter many eligible people from enrolling.</P>
                    <P>We seek comment on these impact estimates and assumptions.</P>
                    <HD SOURCE="HD3">8. Annual Eligibility Redetermination (§ 155.335)</HD>
                    <P>
                        We propose an amendment to the annual eligibility redetermination regulation to prevent enrollees from being automatically re-enrolled in coverage with APTC that fully covers their premium without taking an action to confirm their eligibility information. Specifically, when an enrollee does not submit an application for an updated eligibility determination on or before the last day to select a plan for January 1 coverage, in accordance with the effective dates specified in § 155.410(f) and 155.420(b), as applicable, and the enrollee's portion of the premium for the entire policy would be zero dollars after application of APTC through the Exchange's annual redetermination process, we propose to require all Exchanges to decrease the amount of the APTC applied to the policy such that the remaining monthly premium owed by the enrollee for the entire policy equals $5 for the first month and for every following month that the enrollee does not confirm their eligibility for APTC. Consistent with §§ 155.310(c) and (f), enrollees automatically re-enrolled with a $5 monthly premium after APTC under this policy would be able to update their Exchange application and re-confirm their plan at any point to confirm eligibility for APTC that covers the entire monthly premium, and re-confirm their plan to thereby reinstate the full amount of APTC for which the enrollee is eligible on a prospective basis. We propose that the FFEs and the SBE-FPs must implement this change starting with 
                        <PRTPAGE P="13014"/>
                        annual redeterminations for benefit year 2026. We propose that the State Exchanges must implement it starting with annual redeterminations for benefit year 2027.
                    </P>
                    <P>
                        For Exchanges on the Federal platform, we estimate that 2.68 million enrollees were automatically re-enrolled in a QHP for benefit year 2025 with APTC that fully covered their premium. Given that the expanded PTC structure under the ARP and IRA expires at the end of 2025 and the number of Exchange enrollees, as well as the number of Exchange enrollees with APTC that fully covers their premium, is expected to decrease as a result,
                        <SU>208</SU>
                        <FTREF/>
                         we view this figure to be an upper-bound estimate of the number of enrollees with coverage through Exchanges on the Federal platform who could be affected by this proposed provision. Due to a lack of data, we are unable to estimate the number of fully subsidized, automatically re-enrolled enrollees on State Exchanges, and request comment on this figure.
                    </P>
                    <FTNT>
                        <P>
                            <SU>208</SU>
                             Baseline enrollment projections are presented in Table 11 in section VI.C.18 of this preamble. Enrollment among those with APTC that fully covers their premium was not projected separately but is expected to decline following the expiration of the expanded PTC structure.
                        </P>
                    </FTNT>
                    <P>Regarding the benefits associated with this proposed provision, we believe this proposed change would lead to increased price sensitivity to premiums and premium changes among enrollees whose premiums are fully subsidized and who would be automatically re-enrolled in their current policies. This is because these enrollees would pay $5 more in net premiums per month if they do not submit an application for an updated eligibility determination from an Exchange. Enrollees would therefore be incentivized to return to an Exchange, evaluate available coverage options and premiums, and make an active enrollment decision. We therefore anticipate that this proposed provision would lead to better matches between consumers' coverage preferences and available coverage offerings in the individual market.</P>
                    <P>
                        As noted in the preamble, we are aware that some consumers have been improperly enrolled in a fully subsidized QHP without their knowledge or consent and other consumers have remained enrolled in a fully subsidized QHP after obtaining other coverage. This proposed policy would contribute to reducing the financial stress that ineligible enrollees may experience by protecting them from accumulating surprise tax liabilities.
                        <SU>209</SU>
                        <FTREF/>
                         Additionally, we anticipate that this proposed provision would reduce the number of improper enrollments of fully subsidized enrollees by agents, brokers, and web-brokers.
                    </P>
                    <FTNT>
                        <P>
                            <SU>209</SU>
                             Currently, the Exchanges on the Federal platform collaborate with the IRS to prevent surprise tax liabilities when Exchanges on the Federal platform receive reports from consumers who have been improperly enrolled.
                        </P>
                    </FTNT>
                    <P>Regarding the potential costs associated with this proposed provision, if some enrollees with fully subsidized premiums are unaware of the APTC adjustments that would be made and the premium amounts that would be due because they have not submitted an application for an updated eligibility determination or decide not to pay the $5 per month premium amount, this proposed provision could lead some enrollees to have their coverage terminated due to non-payment of premiums. This, in turn, could lead to adverse health outcomes for those enrollees who experience a coverage gap. However, we expect the number of fully subsidized enrollees who ultimately have their coverage terminated due to non-payment of premiums would be low given the nominal expense associated with the proposed APTC adjustments and the expected reduction in enrollment associated with the expiration of the PTC eligibility expansions under the IRA. We request comment on this assumption.</P>
                    <P>Enrollees who otherwise would not have obtained an updated eligibility determination would also incur time costs associated with the need to submit an application to an Exchange to obtain an updated determination notice in order to obtain a zero-dollar premium, if they are still eligible for one.</P>
                    <P>Exchanges would incur costs to comply with this proposed provision. Specifically, Exchanges would need to make changes to their IT systems to be able to identify enrollees who would be automatically re-enrolled with a zero-dollar premium after annual redetermination procedures and decrease the amount of APTC applied to the policy such that the remaining premium owed by the enrollee equals $5, if the enrollee does submit an application for an updated eligibility determination to the Exchange. We estimate that it would take the Federal Government and each of the State Exchanges not on the Federal platform 10,000 hours to develop and code the changes to their IT systems. We do not expect States operating SBE-FPs to incur any implementation costs. These estimates are based on past experience with similar system changes.</P>
                    <P>Of those 10,000 hours, we estimate it would take a database and network administrator and architect 2,500 hours at $101.66 per hour and a computer programmer 7,500 hours at $95.88 per hour. In aggregate for the State Exchanges not on the Federal platform, we estimate a one-time burden in 2025 or 2026 of 200,000 hours (20 State Exchanges × 10,000 hours) at a cost of $19,465,000 (20 States × [(2,500 hours × $101.66 per hour) + (7,500 hours × $95.88 per hour)]) for completing the necessary updates to State Exchange systems. For the Federal Government, we estimate a one-time burden in 2025 of 10,000 hours at a cost of $973,250 ((2,500 hours × $101.66 per hour) + (7,500 hours × $95.88 per hour)). In total, the burden associated with all system updates would be 210,000 hours at a cost of $20,438,250. We recognize the burden this proposal may place on State Exchanges, if finalized, and seek comment on the impact of this burden and potential less burdensome alternatives that would still further the program integrity goals of this proposal.</P>
                    <P>Exchanges would also likely incur costs associated with responding to customer service requests related to this change. Exchanges could also incur costs associated with outreach and enrollee, agent/broker/web-broker and Navigator, and issuer education regarding this proposed provision.</P>
                    <P>Regarding the potential transfers associated with this proposed provision, this proposed provision is expected to reduce net Federal PTC spending if an enrollee's policy is terminated because the enrollee does not pay their portion of the premium. The need for fully subsidized enrollees to actively re-enroll in their current policies to continue with fully subsidized coverage could also reduce improper enrollments that are not reported to CMS by consumers and reduce the likelihood that an enrollee who obtained other coverage errantly retains their current fully subsidized QHP, which would also reduce net Federal PTC spending. Lastly, this proposed provision would reduce commission payments from issuers to agents, brokers, and web-brokers due to the expected reduction in improper enrollments of fully subsidized enrollees by agents, brokers, and web-brokers.</P>
                    <P>
                        Due to a lack of data, we are unable to quantify all anticipated benefits, costs, and transfers associated with this proposed provision, and request comment and data on the potential impacts.
                        <PRTPAGE P="13015"/>
                    </P>
                    <HD SOURCE="HD3">9. Annual Eligibility Redetermination (§ 155.335(j)(4))</HD>
                    <P>We propose to amend the automatic reenrollment hierarchy by removing § 155.335(j)(4) which currently allows Exchanges to move a CSR-eligible enrollee from a bronze QHP and re-enroll them into a silver QHP for an upcoming plan year, if a silver QHP is available in the same product, with the same provider network, and with a lower or equivalent net premium after the application of APTC as the bronze plan into which the enrollee would otherwise have been re-enrolled. These amendments would leave in place the policy to require Exchanges to take into account network similarity to current year plan when re-enrolling enrollees whose current year plans are no longer available, but revert to the prior re-enrollment hierarchy standards in place before the 2024 OEP that were structured to limit the differences between the consumer's current plan and new plan in situations where the renewal process places a consumer in a different plan (88 FR 25822). We believe this proposed change would improve the consumer experience by retaining consumer choice, reducing consumer confusion, and removing the risk of accumulating tax liabilities created by the policy. We believe the removal of the bronze to silver crosswalk criteria in the Federal hierarchy for re-enrollment would result in some burden for Exchanges that have already implemented this policy, including for CMS as the operator of Exchanges on the Federal platform, because it would require operational and system changes to reverse the policy including related consumer outreach. We do not anticipate that these changes would result in significant burden to issuers, because, as discussed in the 2024 Payment Notice (88 FR 25822), Exchanges were primarily responsible for the policy's implementation, though we solicit comment on that assumption.</P>
                    <P>By retaining consumer choice, we anticipate this proposal would lead to fewer low-income bronze enrollees being switched to silver QHPs. Because these silver QHPs have higher premiums than bronze QHPs and indirectly fund CSR subsidies, they require higher APTC subsidies. Therefore, we anticipate the reduction in people being switched to silver QHPs would reduce APTC expenditures. We are not able to quantify the reduction in APTC expenditures because, we do not expect the current policy would lead to a substantial number of people switching from a bronze QHP to a silver QHP during the 2026 OEP. Therefore, we anticipate only a small reduction in APTC expenditures.</P>
                    <P>We seek comment on these impact estimates and assumptions.</P>
                    <HD SOURCE="HD3">10. Premium Payment Threshold (§ 155.400(g))</HD>
                    <P>We propose to modify § 155.400(g) to remove paragraphs (2) and (3), which establish an option for issuers to implement a fixed dollar and/or gross percentage-based premium payment threshold, (if the issuer has not also adopted a net percentage-based premium threshold) and modify 155.400(g) to reflect the removal of paragraphs (2) and (3). Removing the options for issuers to implement either a fixed dollar and/or gross percentage would help address concerns about program integrity by ensuring that enrollees cannot remain enrolled in coverage for extended periods of time without paying any premium. We anticipate that there would be some costs for issuers who had already implemented a fixed-dollar or gross premium percentage-based threshold and would have to remove those policies or replace them with the remaining net premium percentage-based thresholds.</P>
                    <P>Since these threshold policies are optional, we do not know how many issuers adopted them. In the 2026 Payment Notice, we estimated that based on a fixed-dollar threshold of $10 or less, utilizing PY 2023 counts of 135,185 QHP policies terminated for non-payment where the enrollee had a member responsibility amount of $0.01−$10.00, with an average monthly APTC of $604.78 per enrollee (for PY 2023), that would at most result in $817,571,843 in APTC payments for 10 months that excludes the binder payment and first month of the grace period (for which the issuer already received APTC and would not have to return it) that issuers would retain, rather than being returned to the Federal Government. We now estimate that this cost would not be incurred with the removal of the fixed dollar and gross premium percentage-based thresholds.</P>
                    <P>We seek comment on these impact estimates and assumptions.</P>
                    <HD SOURCE="HD3">11. Annual Open Enrollment Period (§ 155.410(e))</HD>
                    <P>We propose to amend § 155.410(e) to change the annual OEP for the benefit years starting January 1, 2026 and beyond to begin on November 1 and end on December 15 of the calendar year preceding the benefit year. This is expected to have a positive impact on the risk pool by reducing the risk of adverse selection. Although we cannot quantify Federal savings, by reducing adverse selection, we expect premiums would decline and, in turn, reduce the cost of PTC to the Federal Government. Lower premiums may also increase enrollment among unsubsidized consumers and help lower the uninsured rate. In addition, we expect a higher proportion of Exchange enrollees to be covered continuously for the full year beginning in January.</P>
                    <P>We estimate that it would take the Federal Government and each of the State Exchanges 4,000 hours to develop and code the changes to their IT systems. Of those 4,000 hours, we estimate it would take a database and network administrator and architect 1,000 hours at $101.66 per hour and a computer programmer 3,000 hours at $95.88 per hour. We do not expect States operating SBE-FPs to incur any implementation costs. These estimates are based on past experience with similar system changes. For the Federal Government, we estimate a one-time burden in 2025 of 4,000 hours at a cost of $389,300 (1,000 hours × $101.66 per hour) + (3,000 hours × $95.88 per hour). In aggregate, for State Exchanges, we estimate a one-time burden in 2025 of 80,000 hours (20 State Exchanges × 4,000) at a cost of $7,786,000 (20 States × [(1,000 hours × $101.66 per hour) + (3,000 hours × $95.88 per hour)]). In total, the burden associated with all system updates would be 84,000 hours at a cost of $8,175,300. We recognize the burden this proposal may place on State Exchanges, if finalized, and seek comment on the impact of this burden and potential less burdensome alternatives that would still further the program integrity goals of this proposal.</P>
                    <P>
                        We do not anticipate that the proposed change to the OEP end date to December 15 would have a negative impact on enrollment or the consumer experience due to the maturity of the enrollment systems. This proposed change is expected to simplify operational processes for issuers and the Exchanges by eliminating the burden of supporting an extra month of open enrollment and addressing consumer confusion related to administering two enrollment deadlines. Lower administrative costs may also contribute to lower premiums, but we note that there also may be administrative costs for issuers and Exchanges associated with an increase in SEP casework. Consumers would benefit from clearer enrollment rules that would encourage all annual enrollment activities to be complete by December 15 and therefore ensure coverage for the month of January. The Federal Government, State Exchanges, and issuers may incur costs 
                        <PRTPAGE P="13016"/>
                        if additional consumer outreach is needed to educate people on the new policy. However, this should be temporary and largely offset by the elimination of the ongoing outreach necessary to educate people on the second January 15 deadline.
                    </P>
                    <P>We seek comment on these impact estimates and assumptions.</P>
                    <HD SOURCE="HD3">12. Monthly SEP for APTC-Eligible Qualified Individuals with a Projected Annual Household Income at or Below 150 Percent of the Federal Poverty Level (§ 155.420(d)(16))</HD>
                    <P>We are proposing to remove § 155.420(d)(16) and repeal the 150 percent FPL SEP. This includes making conforming changes to regulations established to support this SEP, including removing §§ 147.104(b)(2)(i)(G), 155.420(a)(4)(ii)(D), and 155.420(b)(2)(vii), as well as amending § 155.420(a)(4)(iii) introductory text.</P>
                    <P>
                        As discussed in the preamble of this proposed rule, the expanded availability of fully subsidized plans combined with easier access to these fully-subsidized plans through the 150 percent FPL SEP (which allows people to enroll in fully subsidized plans at any time during the year) opened substantial opportunities for improper enrollments. As discussed earlier in preamble, recent litigation from April 2024, 
                        <E T="03">Conswallo Turner et al.</E>
                         v. 
                        <E T="03">Enhance Health, et al,</E>
                         higher numbers of consumer complaints, and a sharp increase in enrollment relative to the eligible population with household income under 150 percent of the FPL in PY 2024 all suggest a substantial increase in improper enrollments among consumers reporting incomes between 100 and 150 percent of the FPL on their application. We are working hard to reduce the level of improper enrollments, but we believe improper enrollments would continue to be a problem so long as access to fully subsidized plans is made easier through the 150 percent FPL SEP. It is hard to predict the level of improper enrollments in the years ahead as we are still in the process of taking enforcement actions to reduce the initial spike in improper enrollments that occurred after we established the 150 percent FPL SEP.
                    </P>
                    <P>We also believe repealing the 150 percent FPL SEP would reduce adverse selection and, as a result, reduce premiums. Previous rulemaking projected the 150 percent FPL SEP would increase premiums by 0.5 to 2 percent with enhanced premium subsidies in place and projected the SEP would increase premiums from 3 to 4 percent if the enhanced premium subsidies expire. Based on our analysis of recent enrollment data, we believe these previous estimates underestimated the premium impact and overestimated the enrollment impact of the 150 percent FPL SEP. As discussed in the preamble, we believe that the 150 FPL SEP has substantially increased the level of improper enrollments, as well as increased the risk for adverse selection as this SEP incentivizes consumers to wait until they are sick to enroll in Exchange coverage. Unknown factors continue to make these impacts difficult to estimate, including the utilization of this SEP by healthy and unhealthy enrollees and the impact to the average duration of coverage for enrollees. However, we estimate repealing this SEP could decrease premiums by 3 to 4 percent compared to baseline premiums if this rule is finalized, and therefore annual APTC outlays would decrease by approximately $3.4 billion in 2026, $3.6 billion in 2027, $3.8 billion in 2028, and $4.0 billion in 2029. We seek comment on how this policy would impact premiums and APTC/PTC outlays.</P>
                    <P>Quantifying the impact of the 150 percent FPL SEP on enrollment also remains difficult to estimate. Although we can quantify the number of people who enroll through this SEP, the enrollment impact is likely less than the number of people who use the SEP. Some people may use this SEP as an alternative to an SEP they would have otherwise used. Without this SEP, consumers may have otherwise enrolled through the OEP. The substantial level of improper enrollments associated with fully subsidized plans also obscures the number of eligible individuals who used the SEP. Our analysis of the SEPs suggests that the 150 percent FPL SEP did offset the use of other SEPs, which suggests it may have less enrollment impact than previously expected.</P>
                    <P>To repeal the monthly 150 percent FPL SEP, we estimate a one-time cost of approximately $390,000 to remove functionality to grant the 150 percent FPL SEP and make any necessary updates to eligibility logic systems for Exchanges on the Federal platform. Here, we are assuming that 25 percent of the hours needed to end the 150 percent FPL SEP are being performed by a database and network administrator (hourly wage of $101.66) and 75 percent of the work is being performed by a computer programmer (hourly wage of $95.88). This allocation of work between a network administrator and computer programmer was informed by our experience with past system changes.</P>
                    <P>We also estimate a similar one-time cost for any State Exchanges that operate their own eligibility and enrollment systems and currently offer the 150 percent FPL SEP. However, as of February 2025, we do not believe that any State Exchange has offered the 150 percent FPL SEP as this SEP was optional for all Exchanges.</P>
                    <P>We seek comment on these impact estimates and assumptions.</P>
                    <HD SOURCE="HD3">13. Pre-Enrollment Verification for Special Enrollment Periods (§ 155.420)</HD>
                    <P>We are proposing to amend § 155.420(g) to require all Exchanges to conduct pre-enrollment eligibility verification for SEPs. Specifically, we propose to remove the limit on Exchanges on the Federal platform to conducting pre-enrollment verifications for only the loss of minimum essential coverage SEP. With this limitation removed, we propose to conduct pre-enrollment verifications for most categories of SEPs for Exchanges on the Federal platform in line with operations prior to the implementation of the 2023 Payment Notice.</P>
                    <P>We also propose to require that Exchanges, including all State Exchanges, conduct pre-enrollment SEP verification for at least 75 percent of new enrollments through SEPs for consumers not already enrolled in coverage through the applicable Exchange. We are proposing that Exchanges must verify at least 75 percent of such new enrollments based on the current implementation of SEP verification by Exchanges.</P>
                    <P>
                        We anticipate that revisions to § 155.420 would have a positive impact on program integrity by verifying eligibility for SEPs. Increasing program integrity through this proposal would reduce improper subsidy payments and could contribute to keeping premiums low and therefore, further protecting taxpayer dollars. However, the premium impact would likely be minimal for State Exchanges that already conduct SEP verification largely in accordance with this proposal. This proposal may deter enrollments among younger people at higher rates, which could worsen the risk pool and increase premiums. However, we expect any such deterrence would impact a very small number of young people and, therefore, have only a minimal impact on the risk pool and premiums. We estimate that the net effect of pre-enrollment verification would reduce premiums by approximately 0.5-1.0 percent for PY 2026 and 1.0-2.0 percent for PY 2027 and beyond, and would 
                        <PRTPAGE P="13017"/>
                        reduce APTC spending by approximately $105.4 million.
                        <SU>210</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>210</SU>
                             The reduction in APTC was calculated by multiplying the estimated new SVIs by the previous SVI expiration rate (293,073 × .137 = 40,151) and then multiplying that number by the estimated annual APTC amount per SEP consumer (40,151 × $2,625 = $105,396,375).
                        </P>
                    </FTNT>
                    <P>
                        We anticipate this proposal would moderately increase the regulatory burden on Exchanges using the Federal platform and on existing State Exchanges that conduct the additional pre-enrollment verifications. Based on information included in State Exchange SMART tools, a majority of State Exchanges had conducted SEP verification for the same SEP types for which the FFEs had conduct SEP verifications before the limit on verifying only the loss of minimum essential coverage SEP was put in place for PY 2023. Therefore, we expect most Exchanges continue to have the infrastructure in place to conduct verifications. Of the 15 State Exchanges that currently attest to verifying at least one SEP, seven State Exchanges attested to verifying loss of minimum essential coverage.
                        <SU>211</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>211</SU>
                             This information was provided to CMS through SMART attestations encompassing PY2023.
                        </P>
                    </FTNT>
                    <P>
                        As of PY 2025, only one State Exchange conducts SEP verifications for only one type of SEP. The five State Exchanges established since 2021 vary in how they conduct SEP verification with four State Exchanges verifying at least one type of SEP (three of those four State Exchanges verify loss of minimum essential coverage). State Exchanges bear the full cost of the SEP verification activities they conduct. Eleven State Exchanges that conduct verifications for SEPs are verifying at least 75 percent or more of their respective SEP enrollments. 
                        <SU>212</SU>
                        <FTREF/>
                         For five State Exchanges that conduct SEP verifications for at least one type of SEP, a single SEP type consistently represents over 60 percent of all SEP enrollments. An additional three State Exchanges reach the same consistent 60 percent threshold when accounting for their top two SEP types.
                        <SU>213</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>212</SU>
                             SMART attestations encompassing PY2023; Operational Readiness Assessment performed by Georgia in preparation for their transition to an SBE-FP.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>213</SU>
                             This is based on internal enrollment metrics data provided from State Exchanges to CMS and reflects SEP enrollment from 1/1/23-6/30/23. S
                        </P>
                    </FTNT>
                    <P>Based on the implementation of pre-enrollment SEP verification in the Exchanges using the Federal platform, we estimate that the overall one-time cost of implementing pre-enrollment SEP verification by an Exchange would be approximately $12 million. Therefore, we estimate that the total cost to comply with this requirement for the five State Exchanges that did not previously conduct SEP verification for at least 75 percent of enrollments for newly enrolling consumers enrolling through SEPs would be $60 million for PY 2026.</P>
                    <P>Based on past experience, we estimate that the expansion in pre-enrollment verification to most individuals seeking to enroll in coverage through all applicable SEPs offered through Exchanges on the Federal platform would result in an additional 293,073 individuals having their enrollment delayed or “pended” annually until eligibility verification is completed, although for the vast majority of individuals the delays would be less than 1-3 days. As discussed further in section IV.G. of this preamble, we anticipate that the expansion of SEP verification would result in increased income inconsistencies, with an associated annual cost increase for consumers of approximately $7,206,665. There would also be an increase in ongoing costs for Exchanges on the Federal platform and State Exchanges due to an increase in the number of SEP enrollments for which they must conduct verification. We estimate that the total increase in ongoing processing costs to comply with this requirement for the FFE would be approximately $46.7 million for PY 2026 to PY 2029. Furthermore, as discussed in section IV.G. of this preamble, we anticipate that expanding verification would result in an increase in annual burden in labor costs on Exchanges using the Federal platform at a cost of $2,833,449 and an increase in annual burden on State Exchanges at a cost of $ 1,736,615 total. We recognize the burden this proposal may place on State Exchanges, if finalized, and seek comment on the impact of this burden and potential less burdensome alternatives that would still further the program integrity goals of this proposal.</P>
                    <P>Additionally, we anticipate that the expansion of SEP verification would have a one-time development cost for Exchanges using the Federal Platform of $1,849,270 (19,000 hours × $97.33). This assumes that 25 percent of the hours needed to expand SEP verification are being performed by a database and network administrator (hourly wage $101.66) and 75 percent of the work is being performed by a computer programmer (hourly wage $95.88). This allocation of work between network administrator and computer programmer was informed by our experience with past system changes. We do not anticipate this proposal would increase regulatory burden or costs on issuers. We seek comment on these impact estimates and assumptions.</P>
                    <HD SOURCE="HD3">14. Prohibition on Sex-Trait Modification as an EHB (§§ 156.50 and 156.115(d))</HD>
                    <P>
                        We propose to amend § 156.115(d) to provide that an issuer of a plan offering EHB may not provide sex-trait modification as an EHB. If finalized as proposed, this proposal would mean that individuals currently seeking or considering seeking sex-trait modification could not access such care as EHB. The EHB are subject to various protections under the ACA, including the prohibition on annual and lifetime dollar limits and the requirement to accrue enrollee cost sharing towards the annual limitation on cost sharing. If this proposed policy is finalized as proposed, these provisions would not apply to sex-trait modification to the extent such care is included in health plans, including in large group market and self-insured group health plans. This includes a prohibition of sex-trait modification in the five States that include sex-trait modification in their EHB-benchmark plans, as well as in States that do not have such coverage expressly mentioned in the State's EHB-benchmark plan document.
                        <SU>214</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>214</SU>
                             California, Colorado, New Mexico, Vermont, and Washington EHB-benchmark plans specifically include coverage of some sex-trait modification. Six other States do not expressly include or exclude coverage of sex-trait modification in EHB-benchmark plans. Forty States include language that excludes coverage of sex-trait modification in EHB-benchmark plans.
                        </P>
                    </FTNT>
                    <P>Utilization of sex-trait modification is low; therefore, the impact of this proposal would be limited. Approximately 0.11 percent of enrollees in the EDGE data set gathered from issuers as part of the HHS-operated risk adjustment program utilized sex-trait modification between PYs 2022 and 2023. In the aggregate, the total allowed cost of sex-trait modification amounts to 0.08 to 0.09 percent of all claims in the EDGE data set for these years. Although EDGE does not distinguish between whether a benefit is EHB or not, we believe that a substantial majority of such claims are being covered as EHB by issuers submitting claims data to the EDGE server.</P>
                    <P>
                        Given that a QHP's percentage of premium attributable to the EHB is used to determine the amount of available tax credits under the ACA, we would expect an impact to the amount of PTC. Plans that stop coverage of sex-trait modification would see premiums and PTC decrease as the generosity of plan benefit coverage decreases. Plans that 
                        <PRTPAGE P="13018"/>
                        decide to cover sex-trait modification as non-EHB would see premiums rise or stay the same to account for this benefit generosity, but would see any existing PTC decrease as the benefits would no longer be EHB. States that choose to mandate such coverage as a benefit in addition to the EHB would be required to defray its cost pursuant to § 155.170; in this circumstance, we would expect premiums and tax credits to decrease to account for the State's defrayal obligations. We seek comment on these impact estimates and assumptions.
                    </P>
                    <HD SOURCE="HD3">15. Premium Adjustment Percentage Index (§ 156.130(e))</HD>
                    <P>We propose a premium adjustment percentage of 1.6726771319 for PY 2026 based on our proposed change to the premium measure for calculating the premium adjustment percentage. Under § 156.130(e), we propose to use average per enrollee private health insurance premiums (excluding Medigap and property and casualty insurance), instead of ESI premiums, which were used in the calculation since PY 2022, for purposes of calculating the premium adjustment percentage for PY 2026 and beyond. The annual premium adjustment percentage sets the rate of change for several parameters detailed in the ACA, including the annual limitation on cost sharing (defined at § 156.130(a)); the reduced annual limitations on cost sharing; the required contribution percentage used to determine eligibility for certain exemptions under section 5000A of the Code (defined at § 155.605(d)(2)); and the employer shared responsibility payments under sections 4980H(a) and 4980H(b) of the Code.</P>
                    <P>
                        As explained earlier in the preamble, our proposal to use private health insurance premiums (excluding Medigap and property and casualty insurance) in the premium adjustment percentage calculation would result in a higher overall premium growth rate measure than if we continued to use employer-sponsored insurance premiums as was used for prior plan years and in the October 2024 PAPI Guidance.
                        <SU>215</SU>
                        <FTREF/>
                         To further elaborate on the potential impacts of this proposed policy change, in § 155.605(d)(2), we propose a required contribution of 8.05 percent for PY 2026 using the proposed premium adjustment percentage in § 156.130 to supersede the required contribution of 7.70 percent for PY 2026 calculated from employer-sponsored insurance premiums previously published in the October 2024 PAPI Guidance.
                        <SU>216</SU>
                        <FTREF/>
                         In § 156.130(a)(2), we propose a maximum annual limitation on cost sharing of $10,600 for self-only coverage for PY 2026 to supersede the maximum annual limitation on cost sharing of $10,150 for self-only coverage for PY 2026 calculated from employer-sponsored insurance premiums previously published in the October 2024 PAPI Guidance.
                        <SU>217</SU>
                        <FTREF/>
                         The CMS Office of the Actuary estimates that the proposed change in methodology for the calculation of the premium adjustment percentage may have the following impacts between 2026 and 2030:
                        <SU>218</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>215</SU>
                             CMS. (2024, Oct. 8). 
                            <E T="03">Premium Adjustment Percentage, Maximum Annual Limitation on Cost Sharing, Reduced Maximum Annual Limitation on Cost Sharing, and Required Contribution Percentage for the 2026 Benefit Year. https://www.cms.gov/files/document/2026-papi-parameters-guidance-2024-10-08.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>216</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>217</SU>
                             Ibid.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>218</SU>
                             CMS Office of the Actuary's estimates are based on their health reform model, which is an amalgam of various estimation approaches involving Federal programs, employer-sponsored insurance, and individual insurance choice models that ensure consistent estimates of coverage and spending in considering legislative changes to current law.
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="204">
                        <GID>EP19MR25.015</GID>
                    </GPH>
                    <P>As noted in Table 13, we expect that the proposed change in measure of premium growth used to calculate the premium adjustment percentage for PY 2026 may result in:</P>
                    <P>• Net premium increases of approximately $530 million per year for PY 2026 through PY 2030, which is approximately 2 percent of PY 2024 net premiums. Net premiums are calculated for Exchange enrollees as premium charged by issuers minus APTC.</P>
                    <P>
                        • A decrease in Federal PTC spending of between $1.27 billion and $1.55 billion annually from 2026 to 2030, due to an increase in the PTC applicable percentage and a decline in Exchange enrollment of approximately 80,000 individuals in PY 2026, based on an assumption that the Department of the Treasury and the IRS would adopt the use of the same premium measure proposed for the calculation of the premium adjustment percentage in this rule for purposes of calculating the indexing of the PTC applicable percentage and the required contribution percentage under section 36B of the Code. We anticipate that enrollment may decline by 80,000 individuals in PY 2026, and enrollment would remain lower by 80,000 
                        <PRTPAGE P="13019"/>
                        individuals in each year between 2026 and 2030 than it would if there were no proposed change in premium measure for the premium adjustment percentage for PY 2026 and beyond.
                    </P>
                    <P>• Increased Employer Shared Responsibility Payments of $3 to $20 million each year between 2028 and 2030.</P>
                    <P>The small increase in net premiums would reduce the number of people who qualify for fully subsidized plans through the Exchanges. Therefore, by reducing the number of people who qualify for fully subsidized plans, we anticipate this proposed premium measure would reduce enrollments in APTC coverage and, in turn, reduce APTC expenditures.</P>
                    <P>
                        Some of the 80,000 individuals estimated to not enroll in Exchange coverage as a result of the proposed change in the measure of premium growth used to calculate the premium adjustment percentage may purchase short-term, limited-duration insurance, catastrophic coverage, or join a spouse's health plan, though some would become uninsured. Any of these transitions may result in greater exposure to health care costs, which previous research suggests reduces utilization of health care services, including unnecessary or counterproductive services.
                        <SU>219</SU>
                        <FTREF/>
                         However, some individuals who transition into short-term plans, catastrophic health plans, or who join their spouses' coverage may also experience an increase in health utilization because the provider networks for such plans tend to be more expansive than plans on the individual market.
                        <E T="51">220 221</E>
                        <FTREF/>
                         This means that such individuals may be able to better access providers who can address their specific health needs. However, the increased number of uninsured may increase Federal and State uncompensated care costs and may contribute to negative public health outcomes.
                        <SU>222</SU>
                        <FTREF/>
                         We seek feedback from interested parties about these impacts and the magnitude of these changes.
                    </P>
                    <FTNT>
                        <P>
                            <SU>219</SU>
                             Manning, W.G., Newhouse, J.P., Duan, N., Keeler, E.B., &amp; Leibowitz, A. (1987). Health insurance and the demand for medical care: evidence from a randomized experiment. The American economic review, 251-277; Keeler, E.B., &amp; Rolph, J.E. (1988). The demand for episodes of treatment in the health insurance experiment. Journal of health economics, 7(4), 337-367; Buntin, M.B., Haviland, A., McDevitt, R. &amp; Stood, N. (2011). Healthcare Spending and Preventive Care in High-Deductible and Consumer-Directed Health Plans. The American Journal of Managed Care, 17(3), 222-230; Finkelstein, A., et al. (2012). The Oregon health insurance experiment: evidence from the first year. The Quarterly journal of economics, 127(3), 1057-1106; Brot-Goldberg, Z.C., Chandra, A., Handel, B.R., &amp; Kolstad, J.T. (2017). What does a Deductible Do? The Impact of Cost-Sharing on Health Care Prices, Quantities, and Spending Dynamics. The Quarterly Journal of Economics, 132(3). 1261-1318.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>220</SU>
                             Burns, A. et. al. (2019, Jan.) 
                            <E T="03">How CBO and JCT Analyzed Coverage Effects of New Rules for Association Health Plans and Short-Term Plans.</E>
                             Congressional Budget Office. p. 6. 
                            <E T="03">https://www.cbo.gov/system/files/2019-01/54915-New_Rules_for_AHPs_STPs.pdf.</E>
                        </P>
                        <P>
                            <SU>221</SU>
                             Cruz, D; Fann, G. (2024, Sept.). 
                            <E T="03">It's Not Just the Prices: ACA Plans Have Declined in Quality Over the Past Decade.</E>
                             Paragon Health Institute. 
                            <E T="03">https://paragoninstitute.org/private-health/its-not-just-the-prices-aca-plans-have-declined-in-quality-over-the-past-decade/.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>222</SU>
                             See, for example, Goldin, J., Lurie, I.Z., &amp; McCubbin, J. (2021). Health Insurance and Mortality: Experimental Evidence from Taxpayer Outreach. 
                            <E T="03">The Quarterly Journal of Economics,</E>
                             136(1), 1-49.
                        </P>
                    </FTNT>
                    <P>
                        As noted previously in this proposed rule, the premium adjustment percentage is the measure of premium growth that is used to set the rate of increase for the maximum annual limitation on cost sharing, defined at § 156.130(a). In § 156.130(a)(2), we propose a maximum annual limitation on cost sharing of $10,600 for self-only coverage for PY 2026. Additionally, we propose reductions in the maximum annual limitation on cost sharing for silver plan variations (Table 8 in section III.C.2.b. of this proposed rule). Consistent with our analyses in previous Payment Notices, we developed three test silver level QHPs and analyzed the impact on their AVs of the reductions described in the ACA to the proposed PY 2026 maximum annual limitation on cost sharing for self-only coverage. Beyond the impacts to APTC highlighted above, which overlap with impacts related to the increased reduced limitations on cost sharing applicable to silver plan variations 
                        <SU>223</SU>
                        <FTREF/>
                         applicable to plans offered on Exchange in the individual market, we do not believe the proposed changes to the maximum annual limitation on cost sharing would result in a significant economic impact as the plans required to comply with the maximum annual limitation on cost sharing are generally required to comply with AV (or with minimum value), constraining the range of cost-sharing parameter values that issuers can offer for those plans. However, we seek comment on these impact estimates and assumptions related to the proposed change to the premium measure for calculating the premium adjustment percentage.
                    </P>
                    <FTNT>
                        <P>
                            <SU>223</SU>
                             On October 12, 2017, the Attorney General issued a legal opinion that HHS did not have a Congressional appropriation with which to make CSR payments. Sessions III, J. (2017, Oct. 11). 
                            <E T="03">Legal Opinion Re: Payments to Issuers for Cost-Sharing Reductions (CSRs).</E>
                             Office of Attorney General. 
                            <E T="03">https://www.hhs.gov/sites/default/files/csr-payment-memo.pdf.</E>
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">16. Levels of Coverage (Actuarial Value) (§ 156.140, 156.200, 156.400)</HD>
                    <P>
                        We are proposing to change the de minimis ranges at § 156.140(c) beginning in PY 2026 to +2/−4 percentage points for all individual and small group market plans subject to the AV requirements under the EHB package, other than for expanded bronze plans,
                        <SU>224</SU>
                        <FTREF/>
                         for which we propose a de minimis range of +5/−4 percentage points. We also propose to revise § 156.200(b)(3) to remove from the conditions of QHP certification the de minimis range of +2/0 percentage points for individual market silver QHPs. We also propose to amend the definition of “de minimis variation for a silver plan variation” in § 156.400 to specify a de minimis range of +1/−1 percentage points for income-based silver CSR plan variations.
                    </P>
                    <FTNT>
                        <P>
                            <SU>224</SU>
                             Expanded bronze plans are bronze plans currently referenced in § 156.140(c) that cover and pay for at least one major service, other than preventive services, before the deductible or meet the requirements to be a high deductible health plan within the meaning of section 223(c)(2) of the Code.
                        </P>
                    </FTNT>
                    <P>We believe that changing the de minimis ranges for standard metal level plans (except for individual market silver QHPs) would not generate a transfer of costs for consumers overall. Wider de minimis ranges would allow issuers to design plans with a lower AV than is possible currently, which would reduce the generosity in health plan coverage for out-of-pocket costs. However, we expect that issuers would, in turn, lower overall premiums. We estimate the premiums could decrease approximately 1.0 percent on average because of benefit changes issuers would make with a wider de minimis range. Lower overall premiums would have positive effects for consumers over the longer term as issuer participation increases and coverage options improved, which would attract more young and healthy enrollees into health plans, improving the overall risk pool and reducing overall costs that could mitigate any increase in consumer out-of-pocket costs.</P>
                    <P>
                        As shown in Table 14 below, the proposal to widen the de minimis range for individual market silver QHPs to +2/−4 percentage points would generate a transfer of costs in the short-term from consumers to the government and issuers in the form of decreased APTC, because widening the de minimis range for silver plans can affect the generosity of the SLCSP. The SLCSP is the benchmark plan used to determine an individual's PTC. A subsidized enrollee in any county that has a SLCSP that is currently at or above 70 percent AV 
                        <PRTPAGE P="13020"/>
                        would see the generosity of their current SLCSP decrease, resulting in a decrease in PTC.
                    </P>
                    <GPH SPAN="3" DEEP="85">
                        <GID>EP19MR25.016</GID>
                    </GPH>
                    <P>This proposal, by itself, would not invalidate the cost-sharing design of any health plan an issuer currently plans to offer in PY 2026. As explained above, this proposal only expands the universe of permissible plan AVs and would not preclude issuers from continuing to design plans with an AV that is closer to the middle of the applicable de minimis ranges instead of plans at the outer limits. To the extent that issuers believe that plan designs that have a particular AV would attract more enrollment, they would remain free to do so under this proposal.</P>
                    <P>In addition, changing the de minimis range for standard silver plans would impact Individual Coverage Health Reimbursement Arrangements (ICHRAs), which use the Lowest Cost Silver Plan (LCSP) as the benchmark to determine whether an ICHRA is considered affordable to an employee. Under this proposal, as premiums decrease, an employer would have to contribute less to an ICHRA to have it be considered affordable. This could encourage large employer use of ICHRAs because large employers need to offer affordable coverage to satisfy the employer shared responsibility provisions.</P>
                    <P>We seek comment on these impact estimates and assumptions, as well as any timing considerations with its proposed implementation.</P>
                    <HD SOURCE="HD3">17. Regulatory Review Cost Estimation</HD>
                    <P>If regulations impose administrative costs on private entities, such as the time needed to read and interpret this proposed rule, we should estimate the cost associated with regulatory review. Due to the uncertainty involved with accurately quantifying the number of entities that will review the rule, we assume that a range of between the total number of unique commenters on the 2026 Payment Notice proposed rule (266) and the total number of page views on the 2026 Payment Notice proposed rule (about 13,800) will include the actual number of reviewers of this proposed rule. We therefore use an average number of approximately 7,000 reviewers of this proposed rule. We acknowledge that this assumption may understate or overstate the costs of reviewing this proposed rule. It is possible that not all commenters reviewed the 2026 Payment Notice proposed rule in detail, and it is also possible that some page viewers will not actually read this proposed rule. For these reasons, we believe that the approximate average of the number of commenters and number of page viewers on the 2026 Payment Notice proposed rule will be a fair estimate of the number of reviewers of this final rule. We seek comments on the approach in estimating the number of entities which will review this proposed rule.</P>
                    <P>We also recognize that different types of entities are in many cases affected by mutually exclusive sections of this proposed rule, and therefore, for the purposes of our estimate we assume that each reviewer reads approximately 55 percent of the rule (an average of the range from 10 percent to 100 percent of the rule). We seek comments on this assumption.</P>
                    <P>
                        Using the wage information from the BLS for medical and health service managers (Code 11-9111), we estimate that the cost of reviewing this final rule is $106.42 per hour, including overhead and fringe benefits.
                        <SU>225</SU>
                        <FTREF/>
                         Assuming an average reading speed of 250 words per minute, we estimate that it will take approximately 3.4 hours for the staff to review 55 percent of this proposed rule. For each entity that reviews the rule, the estimated cost is $361.83 (3.4 hours × $106.42 per hour). Therefore, we estimate that the total cost of reviewing this regulation is approximately $2,532,810 ($351.19 per reviewer × 7,000 reviewers).
                    </P>
                    <FTNT>
                        <P>
                            <SU>225</SU>
                             U.S. Bureau of Labor Statistics. (2024, April 9). 
                            <E T="03">Occupational Employment and Wage Statistics.</E>
                             Dep't. of Labor. 
                            <E T="03">https://www.bls.gov/oes/current/oes_nat.htm.</E>
                        </P>
                    </FTNT>
                    <HD SOURCE="HD3">18. Overall Impact of the Proposed Individual Market Program Integrity Provisions</HD>
                    <P>In the regulatory impact analysis of this proposed rule, we include impact analyses and estimates for each proposal separately, as we intend for each provision to be severable from the rest. Please see section III.E. for a more detailed discussion on the severability of the provisions of this rule. However, we anticipate that the provisions of this proposed rule, while severable, may work in concert with each other and affect many of the same individuals seeking coverage through the individual health insurance market. Therefore, the overall impact of this proposed rule would likely be less than the simple accumulation of the individual provisions' impact analyses. To the best of our ability, we provide overall impact estimates of these provisions with respect to enrollment, premiums, and APTC, that minimize the overlap of individuals affected. These estimates use a baseline of current law such that a reduction in enrollment attributable to the expiration of enhanced PTCs in the IRA on December 31, 2025, is accounted for separately from these estimates, as such a reduction would not be due to the provisions in this proposed rule, if finalized. These estimates consider the enrollment, premium, and APTC impact solely due to the provisions in this proposed rule, if finalized, compared to what would occur if these proposals were not finalized.</P>
                    <P>
                        The estimates we present were calculated as follows. CMS Marketplace Open Enrollment Period (OEP) Public Use Files (PUFs) contain data on individual Marketplace activity, including the demographic characteristics of consumers who made a plan selection. The Integrated Public Use Microdata Series (IPUMS) USA data provides access to samples of the American population drawn from sixteen Federal censuses, including the U.S. Census Bureau's American Community Survey (ACS). A 2024 study published in the American Journal of 
                        <PRTPAGE P="13021"/>
                        Health Economics (AJHE) estimated and analyzed the take-up rate of Marketplace insurance in the 39 States that used 
                        <E T="03">Healthcare.gov</E>
                         by comparing confidential microdata on all FFE enrollees who selected a plan during an open or special enrollment period and effectuated their enrollment between 2015 and 2017 with the ACS five-year public-use microdata sample for 2013-2017.
                        <SU>226</SU>
                        <FTREF/>
                         This methodology was adapted in a 2024 paper by the Paragon Health Institute to calculate erroneous and improper enrollments for 2024 by comparing CMS Marketplace OEP PUF data with ACS 1-year microdata.
                        <SU>227</SU>
                        <FTREF/>
                         Both of these approaches use ACS data to identify the non-elderly adult population that is potentially eligible for Exchange coverage and exclude individuals who are enrolled in Medicare or Medicaid. The AJHE study additionally excludes individuals receiving health insurance through an employer or TRICARE. There are also methodological differences between the two studies in how income eligibility for subsidized Exchange coverage is determined with the AJHE study estimating and imputing modified adjusted gross income (MAGI) for ACS survey respondents. HHS has carefully considered both of these sources and used the Paragon Health Institute methodology in the following analysis as a way to quantify erroneous and improper enrollments using CMS Marketplace OEP PUFs data and IPUMS USA data using the best available data.
                    </P>
                    <FTNT>
                        <P>
                            <SU>226</SU>
                             Hopkins, B. et al. (2024). How Did Take-Up of Marketplace Plans Vary with Price, Income, and Gender? 
                            <E T="03">American Journal of Health Economics, 11</E>
                            (1 winter 2025). Retrieved from 
                            <E T="03">https://doi.org/10.1086/727785.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>227</SU>
                             Blase, B. &amp; Gonshorowski, D. (n.d.). The Great Obamacare Enrollment Fraud. Retrieved from 
                            <E T="03">https://paragoninstitute.org/private-health/the-great-obamacare-enrollment-fraud/.</E>
                        </P>
                    </FTNT>
                    <P>
                        The analysis in Table 15 below compares sign-ups during the OEP for people with expected income between 100-150 percent of the FPL by State to the number of State residents in this income range who are eligible for Exchange coverage for the years 2019, 2023, and 2024. The number of plan selections on the Exchanges among people with expected incomes between 100-150 percent FPL are from the CMS Marketplace OEP PUFs data.
                        <SU>228</SU>
                        <FTREF/>
                         This information is based on the consumer's attestation of income for those who actively submitted an application for coverage for the specified plan year. For the 2023 and 2024 plan years, it reflects verified data on the prior year's income for those consumers who were auto re-enrolled without actively submitting an application for the current plan year.
                        <SU>229</SU>
                        <FTREF/>
                         The number of State residents in the 100-150 percent FPL income range who are potentially eligible for Exchange coverage in each year is estimated using the 2019 and 2023 1-year ACS files from IPUMS USA.
                        <SU>230</SU>
                        <FTREF/>
                         State residents ages 19-64 with household incomes between 100-150 percent FPL who are not enrolled in Medicaid or Medicare are considered potentially eligible for Exchange coverage. This follows a methodology used in prior research and excludes children age 18 and under who are eligible for Medicaid or the Children's Health Insurance Program (CHIP) if their incomes are in this range,
                        <SU>231</SU>
                        <FTREF/>
                         as well as adults ages 65 and older who are likely eligible for Medicare.
                        <SU>232</SU>
                        <FTREF/>
                         Because the 2024 ACS microdata is not yet available, the number of individuals potentially eligible for Exchange coverage in this income range for each State during 2024 was estimated by applying State-level estimates of population change from 2023 to 2024 from the United States Census Bureau to the 2023 ACS estimates.
                        <SU>233</SU>
                        <FTREF/>
                         This adjustment assumes that changes in population within the 100-150 percent FPL range are similar to those within the State and ignores any potential distributional changes. Minnesota, New York, and Oregon were excluded from the analysis due the presence of a BHP for low-income residents during at least part of the analysis period.
                        <SU>234</SU>
                        <FTREF/>
                         The District of Columbia was excluded from the analysis due to insufficient income information available in the OEP PUF. In addition, a 2019 estimate for Idaho is not reported due to unavailable income information in the OEP PUF for this year.
                        <SU>235</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>228</SU>
                             Marketplace Products. (n.d.). Retrieved from 
                            <E T="03">https://www.cms.gov/data-research/statistics-trends-and-reports/marketplace-products.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>229</SU>
                             Public Use Files: Definitions. (2024). Retrieved from 
                            <E T="03">https://www.cms.gov/files/document/2024-public-use-files-definitions.pdf; https://www.cms.gov/files/document/2023-public-use-files-definitions.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>230</SU>
                             Ruggles, S., et al. (2023). IPUMS USA: Version 15.0 [dataset]. Retrieved from 
                            <E T="03">https://www.ipums.org/projects/ipums-usa/d010.V15.0.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>231</SU>
                             Medicaid/CHIP Upper Income Eligibility Limits for Children, 2000-2024. (n.d.). Retrieved from 
                            <E T="03">https://www.kff.org/medicaid/state-indicator/medicaidchip-upper-income-eligibility-limits-for-children/.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>232</SU>
                             Blase, B. &amp; Gonshorowski, D. (n.d.). The Great Obamacare Enrollment Fraud. Retrieved from 
                            <E T="03">https://paragoninstitute.org/private-health/the-great-obamacare-enrollment-fraud/.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>233</SU>
                             State Population Totals and Components of Change: 2023-2024[Vintage 2024]. 
                            <E T="03">https://www.census.gov/data/tables/time-series/demo/popest/2020s-state-total.html#v2024.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>234</SU>
                             Basic Health Program. (n.d.). Retrieved from 
                            <E T="03">https://www.medicaid.gov/basic-health-program/index.html.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>235</SU>
                             Public Use Files: Definitions. Retrieved from 
                            <E T="03">https://www.cms.gov/research-statistics-data-and-systems/statistics-trends-and-reports/marketplace-products/downloads/2019publicusefilesdefinitions-.pdf; https://www.cms.gov/data-research/statistics-trends-and-reports/marketplace-products/2019-marketplace-open-enrollment-period-public-use-files.</E>
                        </P>
                    </FTNT>
                    <P>
                        The comparisons presented in Table 15 include columns that calculate the take-up of Exchange coverage by dividing Exchange enrollment for each State by the corresponding estimate of eligible State residents from the ACS and multiplying by 100. While these estimates are useful for understanding trends in Exchange enrollment over time and different patterns of enrollment across States, they should not be interpreted as precise measures of take-up of Exchange coverage for several reasons. First, this methodology relies on 1-year samples of the ACS to estimate eligible State populations, which provides a current portrait of residents meeting the 100-150 percent FPL criteria in each year but leads to less precise estimates than the use of multi-year ACS samples with larger sample sizes.
                        <SU>236</SU>
                        <FTREF/>
                         Second, it uses the Census definition of poverty to identify residents with family incomes between 100-150 percent FPL, which differs from the MAGI relative to poverty measure that is used to determine eligibility for premium tax credits on the Exchanges and reported in the OEP PUFs.
                        <SU>237</SU>
                        <FTREF/>
                         There are differences in both the sources of income that are included in the definition of income, as well as which household members are included in the calculation.
                        <SU>238</SU>
                        <FTREF/>
                         In addition, the ACS is fielded throughout the calendar year and asks about income during the previous 12 months,
                        <SU>239</SU>
                        <FTREF/>
                         meaning that this survey measure does not align with income during the calendar/plan year. Third, there is a tendency for income to be underreported in survey data, including in the ACS.
                        <SU>240</SU>
                        <FTREF/>
                         Fourth, the 
                        <PRTPAGE P="13022"/>
                        eligible population estimated using the ACS includes certain individuals who would not be eligible for subsidized Exchange coverage, including those with access to affordable employer-based coverage,
                        <SU>241</SU>
                        <FTREF/>
                         those with Medicaid coverage that they did not report on the survey,
                        <SU>242</SU>
                        <FTREF/>
                         immigrants who are not lawfully present,
                        <SU>243</SU>
                        <FTREF/>
                         and people enrolled in Department of Veteran Affairs (VA) health care. Finally, the eligible population estimated using the ACS does not include certain individuals who are eligible for Exchange coverage and are included in the enrollment counts in the OEP PUFs, such as people aged 65 or older who do not qualify for premium-free Medicare.
                        <SU>244</SU>
                        <FTREF/>
                         We acknowledge these limitations and seek comment on ways to improve these analyses in final rulemaking. For instance, possible revisions to this analysis could include the use of multi-year ACS samples or the refinement of the measures of income and family unit used in the ACS to more closely align with Exchange premium tax credit eligibility determination.
                    </P>
                    <FTNT>
                        <P>
                            <SU>236</SU>
                             Using 1-Year or 5-Year American Community Survey Data. (2020). Retrieved from 
                            <E T="03">https://www.census.gov/programs-surveys/acs/guidance/estimates.html.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>237</SU>
                             What's Included as Income. (n.d.). Retrieved from 
                            <E T="03">www.healthcare.gov/income-and-household-information/income/.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>238</SU>
                             State Health Access Data Assistance Center. (2023). 
                            <E T="03">Defining Family for Studies of Health Insurance Coverage.</E>
                             Retrieved from 
                            <E T="03">https://shadac-pdf-files.s3.us-east-2.amazonaws.com/s3fs-public/publications/2023%20Defining%20families%20brief.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>239</SU>
                             Rothbaum, J. L. (2015). Comparing Income Aggregates: How do the CPS and ACS Match the National Income and Product Accounts, 2007-2012. Retrieved from 
                            <E T="03">https://www.census.gov/content/dam/Census/library/working-papers/2015/demo/SEHSD-WP2015-01.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>240</SU>
                             About Income. (n.d.). Retrieved from 
                            <E T="03">https://www.census.gov/topics/income-poverty/income/about.html https://www.census.gov/content/dam/Census/library/working-papers/2015/demo/SEHSD-WP2015-01.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>241</SU>
                             People with coverage through a job. (n.d.) Retrieved from 
                            <E T="03">https://www.healthcare.gov/have-job-based-coverage/options/.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>242</SU>
                             O'Hara, Brett. (2009). Is there an undercount of Medicaid participants in the ACS Content Test? Retrieved from 
                            <E T="03">https://www.census.gov/content/dam/Census/library/working-papers/2009/adrm/medicaid-participants-acs-content-test.pdf.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>243</SU>
                             Coverage for lawfully present immigrants. (n.d.). Retrieved from 
                            <E T="03">https://www.healthcare.gov/immigrants/lawfully-present-immigrants/.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>244</SU>
                             FAQs: Health Insurance Marketplace and the ACA. I am turning 65 years old next month, but I am not entitled to Medicare without having to pay a premium for Part A because I have not worked long enough to qualify. Can I sign up for a Marketplace plan? (n.d.). Retrieved from 
                            <E T="03">https://www.kff.org/faqs/faqs-health-insurance-marketplace-and-the-aca/i-am-turning-65-years-old-next-month-but-i-am-not-entitled-to-medicare-without-having-to-pay-a-premium-for-part-a-because-i-have-not-worked-long-enough-to-qualify-can-i-sign-up-for-a-marketplace-pla/.</E>
                        </P>
                    </FTNT>
                    <P>Table 15 below shows there is large variation in the take-up of Exchange coverage among potential enrollees across States. It also indicates that there has been a substantial increase in take-up from the estimated 43.8 percent of potential enrollees in this set of States who enrolled in Exchange coverage for plan year 2019. The estimates for 2023 and 2024 are 94.2 percent and 143.9 percent, respectively. These overall take-up estimates by year exclude Idaho given the lack of income information available for this State in 2019.</P>
                    <P>
                        Nine States have take-up rates that exceed 100 percent for plan year 2024, indicating that there are a larger number of Exchange enrollees reporting incomes of between 100-150 percent FPL than residents reporting incomes in this range on the ACS. While estimates slightly above 100 percent could potentially be attributed to imprecision in population estimates or differences in the measurement of income as described above, these explanations seem less likely for take-up estimates that greatly exceed 100 percent, such as the 438 percent observed for Florida in 2024. Other possible explanations for such a high take-up rate include people misestimating their income for the plan year at the time of open enrollment, as sign-ups typically occurring in the fall prior to the plan year and individuals may earn more or less than they expected, or people not updating their income information if auto re-enrolled with the prior year's income data in 2023 and 2024. These would constitute errors. To the extent that people with incomes below 100 percent FPL intentionally overstate their income in order to qualify for subsidized Exchange coverage or are counseled to do so by an agent, broker, or web-broker, or if people outside this income range are unknowingly enrolled by an agent, broker, or web-broker who claim their income at 100-150 percent FPL, these types of improper enrollments would also contribute to a take-up rate that exceeds 100 percent. Of note, 7 of the 9 States with take-up rates above 100 percent in 2024 are States that have not implemented ACA Medicaid expansions.
                        <SU>245</SU>
                        <FTREF/>
                         Medicaid eligibility for non-elderly and non-disabled adults in these States is limited to parents who meet a median income eligibility threshold of 27 percent FPL.
                        <SU>246</SU>
                        <FTREF/>
                         Previous research presents evidence suggesting that many people with incomes that exceed the Medicaid eligibility limit in non-ACA Medicaid expansion States, especially in Florida, obtain subsidized Exchange coverage by reporting income just above the FPL at enrollment.
                        <SU>247</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>245</SU>
                             Status of State Medicaid Expansion Decisions. (2025, February 12). Retrieved from 
                            <E T="03">https://www.kff.org/status-of-state-medicaid-expansion-decisions/.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>246</SU>
                             Medicaid Income Eligibility Limits for Adults as a Percent of the Federal Poverty Level. (2024, 1 May). Retrieved from 
                            <E T="03">https://www.kff.org/affordable-care-act/state-indicator/medicaid-income-eligibility-limits-for-adults-as-a-percent-of-the-federal-poverty-level/?currentTimeframe=0&amp;sortModel=%7B%22colId%22:%22Location%22,%22sort%22:%22asc%22%7D</E>
                             Parental income eligibility limits for parents in a family of three as of May 1, 2024 for each of the 7 States are 18% FPL in Alabama, 27% FPL in Florida, 30% FPL in Georgia, 27% FPL in Mississippi, 67% FPL in South Carolina, 105% FPL in Tennessee, and 15% FPL in Texas. Other adults are not eligible.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>247</SU>
                             Hopkins, B. et al. (2024). How Did Take-Up of Marketplace Plans Vary with Price, Income, and Gender? 
                            <E T="03">American Journal of Health Economics, 11</E>
                            (1 winter 2025). Retrieved from 
                            <E T="03">https://doi.org/10.1086/727785.</E>
                        </P>
                    </FTNT>
                    <P>
                        One approach to estimate the possible reduction in erroneous and improper enrollments under the proposed changes in this rule is to sum the total number of enrollments in 2024 that exceed 100 percent of potential enrollees in Table 15. This calculation suggests that there are as many as 4.4 million erroneous or improper enrollments. In several respects, this is expected to be an upper bound estimate of the scale of erroneous and improper enrollments. First, 2024 plan year Exchange enrollments occurred prior to recent HHS actions to improve program integrity (for example, from June 2024 through October 2024, CMS suspended 850 agents and brokers' Marketplace Agreements for reasonable suspicion of fraudulent or abusive conduct related to unauthorized enrollments or unauthorized plan switches).
                        <SU>248</SU>
                        <FTREF/>
                         Such changes were expected to reduce the number of improper and erroneous enrollments prior to the implementation of the provisions in this proposed rule. Additionally, this estimate fully attributes excess enrollments to error and improper enrollments and does not adjust for the presence of general uncertainty around expected income among enrollees, which is not expected to change as a result of the proposed provisions, nor does it take into account the imprecision inherent in the use of survey data to identify and measure the population eligible for Exchange coverage. The excess enrollment estimate, however, does also ignore the potential presence of erroneous and improper enrollments in States with take-up rates below 100 percent and, in this way, could underestimate the potential impact of the proposed provisions. For all of these reasons, there is uncertainty present regarding the estimate derived from this analysis. We acknowledge this uncertainty and seek comment on how we may improve this estimate in final rulemaking.
                    </P>
                    <FTNT>
                        <P>
                            <SU>248</SU>
                             CMS Update on Actions to Prevent Unauthorized Agent and Broker Marketplace Activity. (2024, October 17). Retrieved from 
                            <E T="03">https://www.cms.gov/newsroom/press-releases/cms-update-actions-prevent-unauthorized-agent-and-broker-marketplace-activity.</E>
                        </P>
                    </FTNT>
                    <GPH SPAN="3" DEEP="640">
                        <PRTPAGE P="13023"/>
                        <GID>EP19MR25.017</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="277">
                        <PRTPAGE P="13024"/>
                        <GID>EP19MR25.018</GID>
                    </GPH>
                    <P>Furthermore, we anticipate that IRA subsidies expiring after PY 2025 will reduce the availability of fully-subsidized plans and, therefore, is expected to also reduce the occurrence of improper enrollments. That reduction in improper enrollments is not attributable to the proposals in this rule, if finalized as proposed, but rather by current law causing IRA subsidies to expire after PY 2025. However, there is uncertainty regarding how many improper enrollments would be reduced by the expiration of IRA subsidies compared to the proposals in this rule, if finalized. We believe the majority of improper enrollments would disenroll from coverage as a result of the enhanced subsidies, therefore, we assume a range of approximately 750,000 to 2,000,000 fewer individuals would enroll in QHP coverage in 2026 as a result of the proposals in this rule, if finalized jointly and as proposed. We seek comment on this estimate and assumptions.</P>
                    <P>Starting with internal CMS data of enrollment by month, premiums, and APTCs, we summarize the data using average monthly amounts. These monthly averages are projected throughout the year using historical monthly patterns during a similar environment. For future years, the enrollment is trended by the projected growth in the under age 65 population. Spending amounts are trended using projected growth in NHEA less Medicare. With the expiration of enhanced subsidies, we assume approximately 42 percent of recent enrollment growth will discontinue coverage. We believe the discontinuing enrollees are likely to be healthier than those remaining in the risk pool, leading to higher overall premiums on a per member per month (PMPM) basis ($614.44 PMPM in 2025 increasing to $662.13 PMPM in 2026). Based on the analysis presented thus far in this section, we expect average enrollment for 2026 to decrease by approximately 750,000 to 2,000,000 enrollees compared to baseline estimates. Some enrollees dropping coverage would likely be healthier than those remaining in the risk pool, while other enrollees losing coverage due to improper enrollments could potentially be less healthy, so we estimated the claims impact to the risk pool to potentially range from -0.5 percent to +4 percent. The claims changes were then combined with the estimated 3.4 percent decrease for the expected impact of removing the monthly 150 percent FPL SEP, a 0.5 percent decrease for SEP verification, and 1 percent decrease for the de minimis AV change. The 2026 baseline claims per member was decreased by 5.4 percent for the 750,000 reduced enrollment scenario and 0.9 percent for the 2,000,000 reduced enrollment scenario. The revised premium was calculated assuming issuers would price to an average 84 percent loss ratio, yielding a revised PMPM of $626.37 for the 750,000 reduced enrollment scenario and $656.17 for the 2,000,000 reduced enrollment scenario for 2026 if the proposals in this rule are finalized jointly and as proposed. Estimated APTCs were assumed to be 88.8 percent of the premium PMPM ($626.37 × 0.888 = $556.22 and $656.17 × 0.888 = $582.68), and APTC enrollment was estimated to be 90.6 percent of total enrollment for 2026. For future years under this rule, we assume premium growth of 3.9 percent for 2027 and 2028 and 1.9 percent for 2029. Enrollment growth is estimated at 1.1 percent for 2027, 1.5 percent for 2028, and 3 percent for 2029.</P>
                    <P>Using the methodology described in the preceding paragraphs, we anticipate the provisions in this proposed rule, when considered jointly and if finalized as proposed, could reduce enrollment, premiums, and APTC each year beginning in 2026. We provide lower bound estimates in Table 16 and upper bound estimates in Table 17.</P>
                    <GPH SPAN="3" DEEP="217">
                        <PRTPAGE P="13025"/>
                        <GID>EP19MR25.019</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="217">
                        <GID>EP19MR25.020</GID>
                    </GPH>
                    <P>Taken together, the provisions of this rule are expected to address errors and improper enrollments, which means that as presented in the preceding paragraphs, we would expect approximately 750,000 to 2,000,000 individuals to lose coverage as a result of this rule, if all provisions are finalized as proposed. This range may overestimate the actual number of individuals impacted, as we believe that this range includes many individuals improperly enrolled by agents, brokers, and web-brokers without their knowledge or consent, as well enrollees with multiple forms of coverage. Likewise, this range may underestimate the actual number of individuals impacted, as eligible enrollees may lose coverage as a result of the administrative burdens imposed by the provisions of this rule. Finally, we note that coverage losses are expected to be concentrated in nine States where erroneous and improper enrollment is most noticeable (that is, Alabama, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, Texas, and Utah), although we also expect minor coverage losses across all States as the administrative burdens associated with this rule would be applied uniformly across the country.</P>
                    <P>An individual who loses coverage may be required to incur additional expense to obtain coverage or may go uninsured. An increase in the rate of uninsurance may impose greater burdens on the health care system through strain on emergency departments, additional costs to the Federal Government and to States to provide limited Medicaid coverage for the treatment of an emergency medical condition, and cause an overall reduction to labor productivity.</P>
                    <P>In contrast, if individuals who do not maintain coverage following the finalizing of this rule would otherwise be subsidized QHP enrollees, as we anticipate, there would be a savings to the Federal Government in the form of reduced APTC payments, thereby saving taxpayer dollars. As we believe many of the individuals who would lose coverage as a result of the proposals in this rule, if finalized jointly and as proposed, may represent improper enrollments, this would be a benefit.</P>
                    <P>
                        We note that variables impacting enrollment, premiums, and APTC have changed over time and may continue to fluctuate. When considering the overall 
                        <PRTPAGE P="13026"/>
                        impact of this proposed rule, if all provisions are finalized as proposed, we also recognize that the degree of impact from the individual provisions working in concert with each other may vary more than what we estimate due to the inherent uncertainty in predicting enrollment trends. Therefore, it is possible that the overall impact of this proposed rule could be outside of the estimates provided in this section. We seek comment on these impact estimates and assumptions.
                    </P>
                    <HD SOURCE="HD2">D. Regulatory Alternatives Considered</HD>
                    <P>We considered taking no action regarding our proposal to remove § 147.104(i), which currently prohibits an issuer from attributing payment of premium for new coverage to past-due premiums owed for prior coverage. Leaving this policy in place would provide the broadest enrollment rights for consumers. However, due to concerns about gaming and adverse selection, HHS believes that it is reasonable to allow issuers, to the extent permitted by applicable State law, to condition the sale of new coverage on payment of past-due premiums owed to the issuer. This proposal would improve the risk pool by promoting continuous coverage without imposing a significant financial burden for most people who owe past-due premiums.</P>
                    <P>At § 155.20, we are proposing to adjust the definition of “lawfully present” used for purposes of determining eligibility to enroll in a QHP offered through the Exchange or a BHP in States that elected to operate a BHP to exclude DACA recipients. We alternatively considered proposing to fully revert to the definition of “lawfully present” that was in place prior to the 2024 Final Rule “Clarifying the Eligibility of Deferred Action for Childhood Arrivals (DACA) Recipients and Certain Other Noncitizens for a Qualified Health Plan through an Exchange, Advance Payments of the Premium Tax Credit, Cost-Sharing Reductions, and a Basic Health Program” (89 FR 39392). However, proposing to fully reinstate the previous definition would have undone several technical and clarifying changes to the definition of “lawfully present” that were finalized in the 2024 rule (89 FR 39407).</P>
                    <P>
                        We evaluated these technical and clarifying changes and found that some had no impact on who is considered “lawfully present” for purposes of enrolling in QHP coverage offered through the Exchange and BHP coverage.
                        <SU>249</SU>
                        <FTREF/>
                         Other changes corrected unintentional errors in the prior definition.
                        <SU>250</SU>
                        <FTREF/>
                         Finally, some changes resulted in very small populations being newly considered “lawfully present.” Unlike DACA recipients, the small number of individuals in these discrete categories generally would have entered the United States with inspection and would generally be able to adjust status to lawful permanent resident on the basis of their status.
                        <SU>251</SU>
                        <FTREF/>
                         Because these changes were primarily technical and clarifying in nature, and because the small groups of noncitizens newly considered “lawfully present” as a result of these changes are different from DACA recipients in important ways, we are not proposing to revert or amend these provisions at this time.
                    </P>
                    <FTNT>
                        <P>
                            <SU>249</SU>
                             For example, technical changes to § 155.20(4) and 155.20(5) to adjust the language we use to refer to temporary resident status and Temporary Protected Status (TPS), as described in the 2024 final rule at 89 FR 39408.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>250</SU>
                             For example, technical changes to § 155.20(13) to refer to individuals with an approved petition for Special Immigrant Juvenile (SIJ) status, rather than only individuals with applications for such status, as described in the 2024 Final Rule at 89 FR 39411.
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>251</SU>
                             For example, changes to § 155.20(6) to newly include individuals in the process of transitioning from certain employment-based immigrant visa petitions to lawful permanent resident (LPR) status, as described in the 2024 final rule at 89 FR 39408.
                        </P>
                    </FTNT>
                    <P>We considered taking no action regarding our proposal to modify § 155.305(f)(4), which currently allows Exchanges to remove APTC after an enrollee or their tax filer has been found as failing to file their income tax return and reconcile their APTC for two-consecutive tax years. However, due to concerns about improper enrollment as well as concerns related to the potential for increased tax liability for tax filers, HHS is proposing allowing Exchanges to remove APTC after an enrollee or their tax filer has been identified as failing to file and reconcile for one tax year. We believe that FTR serves as an important check on improper enrollments and would help protect low-income consumers from larger than expected tax liabilities.</P>
                    <P>We considered taking no action regarding our policy to add amendments to § 155.320(c)(3)(iii) to specify that all Exchanges must generate annual income inconsistencies when a tax filer's attested projected annual income is greater than or equal to 100 percent and not more than 400 percent of the FPL and trusted data sources indicate that projected income is under 100 percent of the FPL. However, due to concerns of applicants inflating their incomes or having applications submitted on their behalf with inflated incomes, as outlined in this proposed rule, we believe it would be reasonable, prudent, and even necessary to carry out the alternative income verification process in this scenario. HHS also believes that this may help limit tax filers' potential liability at tax reconciliation to repay excess APTC.</P>
                    <P>We considered taking no action regarding our policy to remove § 155.320(c)(5) which currently requires Exchanges to accept attestations, and not set an Income DMI, when the Exchange requests tax return data from the IRS to verify attested projected annual household income, but the IRS confirms there is no such tax return data available. However, HHS believes that removing § 155.320(c)(5) is crucial for program integrity and that the benefit more than offsets the administrative burden of requiring an income DMI in this scenario. We considered taking no action regarding our policy to remove § 155.315(f)(7) which requires that applicants must receive an automatic 60-day extension in addition to the 90 days currently provided by § 155.315(f)(2)(ii) to allow applicants sufficient time to provide documentation to verify household income. However, we believe it is important we remove it to align with the 90-day statutory period. Additionally, we believe the cost to taxpayers caused by continued APTC beyond the 90-day period and decline in program integrity outweighs any possible benefits to the risk pool that were identified the 2024 Payment Notice.</P>
                    <P>We propose adding § 155.335(a)(3) and (n) to require that when an enrollee does not submit an application for an updated eligibility determination on or before the last day to select a plan for January 1 coverage and the enrollee's portion of the premium for the entire policy would be zero dollars after application of APTC through the Exchange's annual redetermination process, all Exchanges decrease the amount of the APTC applied to the policy such that the remaining monthly premium owed by the enrollee for the policy equals $5 for the first month and for every following month that the enrollee does not confirm or update the eligibility determination.</P>
                    <P>
                        We alternatively considered whether other methods, such as outreach, could sufficiently prompt fully subsidized enrollees to update or confirm their eligibility information and actively re-enroll in coverage, but most enrollees on the FFEs and the SBE-FPs actively re-enroll by the applicable deadlines for January 1 coverage. As discussed previously in this preamble, however, we do not believe additional or different notifications would prompt action from 
                        <PRTPAGE P="13027"/>
                        enrollees who choose not to submit an application for an updated eligibility determination and actively re-enroll.
                    </P>
                    <P>In addition, we considered taking no action regarding our policy at § 155.335; however, we believe that it is important to address the significant increase in the number of enrollees who are automatically re-enrolled in a fully subsidized QHP and change is critical to reduce the financial impact of improper enrollments in QHPs with APTC through the FFEs. The current annual redetermination process puts fully subsidized enrollees at risk of accumulating surprise tax liabilities and increases the cost of PTC to the Federal Government as Federal law limits repayments, and there is no provision to recoup overpayments from issuers when they follow the eligibility determinations made by the Exchanges. As discussed previously in this preamble, we also considered whether other methods—such as outreach—could sufficiently prompt fully subsidized enrollees to update or confirm their eligibility information. However, based on our experience operating the Exchanges on the Federal platform, the majority of enrollees update their information each year due to extensive outreach efforts, and we don't believe additional or different notifications would prompt enrollees to do so.</P>
                    <P>We also considered modifying the Exchange's annual redetermination process to require that when an enrollee does not submit an application to obtain an updated eligibility determination on or before the last day to select a plan for January 1 coverage and the enrollee's portion of the premium for the entire policy would be zero dollars after application of APTC through the Exchange's annual redetermination process, the enrollee would be automatically re-enrolled without any APTC. This would ensure that enrollees in this situation need to return to the Exchange and obtain an updated eligibility determination prior to having any APTC paid on their behalf for the upcoming year. Ultimately, however, we determined that this approach would create undue financial hardship for these enrollees and act as a significant barrier to accessing health care coverage. The loss of lower-risk enrollees, who are least likely to actively re-enroll, due to an inability to pay could destabilize the market risk pool and increase premiums and the uninsured rate. Based on comments received on this approach in the 2021 Payment Notice proposed rule, we believe that our proposed amendment, which decreases the amount of the APTC applied to the policy such that the remaining premium owed by the enrollee for the policy equals $5, strikes an appropriate balance between encouraging active enrollment decision making and ensuring market stability.</P>
                    <P>The 2024 Payment Notice updated § 155.335(j) to allow Exchanges to move a CSR-eligible enrollee from a bronze QHP and re-enroll them into a silver QHP for an upcoming plan year, if a silver QHP is available in the same product, with the same provider network, and with a lower or equivalent net premium after the application of APTC as the bronze plan into which the enrollee would otherwise have been re-enrolled. We considered taking no action and leaving this policy in place; however, for reasons further discussed in Section III.B.5. of this preamble, we believe that consumers, and the agents, brokers, web-brokers, and Navigators who help them, are largely aware of the more generous subsidies. Therefore, we believe that the consumer awareness problem the bronze to silver crosswalk policy aimed to address is substantially less today, and therefore the possible benefits of this policy no longer outweigh its potential to confuse consumers, undermine consumer choice, and create unexpected tax liability.</P>
                    <P>We considered taking no action regarding modifications to § 155.400(g) to remove flexibilities that would allow issuers to adopt a fixed-dollar premium payment threshold or a gross premium-based percentage payment threshold. We also considered removing just the fixed-dollar threshold policy and allowing issuers the option to utilize the gross premium-percentage based premium threshold. However, given the continued and increased numbers of improper enrollments and plan switches and other improper enrollment trends, both the fixed-dollar and gross-premium percentage-based thresholds present program integrity risks that may allow consumers (and Medicaid beneficiaries who are victims of dual improper enrollment into a QHP) to remain in coverage for a much longer or indefinite amount of time, after payment of the binder. Consumers who never wanted, or no longer need, QHP coverage could remain enrolled for longer than the 3-month grace period, accruing premium debt and potentially facing complications when they file their taxes. Issuers will still have the option to implement the existing net premium percentage-based policy to allow consumers who pay the majority of their premium to avoid being put into a grace period.</P>
                    <P>We considered maintaining the length of the OEP, and we considered providing flexibility to State Exchanges on the length of their OEPs. Ultimately, however, we find that reducing the potential for adverse selection is more important than providing additional time for plan changes or additional flexibility for States. We believe that efforts to reduce premium growth are more valuable for Exchange stability than additional enrollment time. Lower adverse selection should translate to lower premiums for QHPs. Additionally, we considered moving the OEP to a later date in the calendar year—beginning March 1 and running to April 15—as a measure to both minimize adverse selection and maximize consumer choice (by moving the OEP to a season in which financial stress is generally lessened), but we recognize that such a dramatic shift in the OEP would cause considerable disruption to the market. Therefore, we propose that the OEP for all Exchanges ends on December 15.</P>
                    <P>We considered not repealing the monthly 150 percent FPL SEP under § 155.420 but decided that it was important to fully repeal this SEP to ensure a stable risk pool for the Exchange and to mitigate risks for improper enrollments. Specifically, we found that the existence of fully subsidized plans creates an opportunity for some agents, brokers, and web-brokers to capture a commission by improperly enrolling people without their knowledge or consent. We find that these improper enrollments can go unnoticed until an enrollee tries to use their health plan or when they eventually must reconcile surprise APTC on their taxes. Even if we were able to sufficiently reduce the problem of some agents, brokers, and web-brokers improperly enrolling consumers, there remain substantial issues with consumers taking advantage of the 150 percent FPL SEP by falsely representing their income to take advantage of the fully subsidized plans. Additionally, we find that the consumers at or below the 150 percent of the FPL wait to enroll until they need health care services which also destabilizes the risk pool and increases premiums. Ultimately, we do not believe the benefits of increased access to coverage for low-income consumers outweighs the higher premiums and risks of harming program integrity because of improper enrollments.</P>
                    <P>
                        We are proposing to amend § 155.420(g) to require all Exchanges to conduct eligibility verification for SEPs. Specifically, we propose to remove the limit on Exchanges on the Federal 
                        <PRTPAGE P="13028"/>
                        platform to conducting pre-enrollment verifications for only the loss of minimum essential coverage SEP. With this limitation removed, we propose to conduct pre-enrollment verifications for most categories of SEPs for Exchanges on the Federal platform in line with operations prior to the implementation of the 2023 Payment Notice.
                    </P>
                    <P>We considered leaving the limitation of SEP verification to loss of minimum essential coverage for Exchanges on the Federal platform in place. We determined that the risks associated with the potential enrollment of ineligible individuals was greater than the potential benefit of reducing administrative burden on consumers by only verifying loss of minimum essential coverage. We also determined that consumers would benefit from increased verification due to its potential to limit improper enrollments occurring without their awareness and to bring down risk in the Federal Exchange by ensuring that only qualified individuals are enrolling through SEPs throughout the year.</P>
                    <P>We are also proposing to require that Exchanges, including all State Exchanges, conduct pre-enrollment SEP verification for at least 75 percent of new enrollments through SEPs for consumers not already enrolled in coverage through the applicable Exchange. We are proposing that Exchanges must verify at least 75 percent of such new enrollments based on the current implementation of SEP verification by State Exchanges.</P>
                    <P>We considered leaving the current regulation that allows pre-enrollment SEP verification to be at the option of each State Exchange in place. However, we believe that having a standard of SEP verification across all Exchanges will be beneficial for all States regarding risk reduction in their Exchanges and protecting consumers from improper enrollments. We believe that the 75 percent threshold still leaves State Exchanges a great deal of flexibility as to which SEPs they implement pre-enrollment verification for as we know it is not cost effective for each State Exchange to verify all types. However, we are seeking comment on whether or not to require SEP verification for most SEP types in line with what we are proposing in this Rule for Exchanges on the Federal platform.</P>
                    <P>In proposing the change to the premium measure used in the premium adjustment percentage calculation under § 156.130, we considered continuing to use the current premium measure based on NHEA's estimates and projections of average per enrollee employer-sponsored insurance premiums for purposes of calculating the premium adjustment percentage for PY 2026. We are proposing a change to this measure to instead use a private health insurance premium measure (excluding Medigap and property and casualty insurance), so that the premium growth measure more closely reflects premium trends in the private health insurance market since 2013. Alternatively, we considered using NHEA estimates and projections of average per enrollee private health insurance premiums. NHEA's private health insurance premium measure includes premiums for employer-sponsored insurance, direct purchase insurance (which includes Medigap insurance), and property and casualty insurance. However, we propose to include only those premiums for expenditures associated with the acquisition of one's primary health insurance coverage purchased through their employer or purchased directly from a health insurance issuer. We believe it is inappropriate to include Medigap premiums in the measure as this type of coverage is not considered primary coverage for those enrollees who supplement their Medicare coverage with these plans. Moreover, although total spending for private health insurance in the NHEAs includes the medical portion of accident insurance (property and casualty insurance), we do not believe it would be appropriate to include those expenditures for this purpose as they are associated with policies that do not serve as a primary source of health insurance coverage.</P>
                    <P>Accordingly, in § 156.130 we propose using a measure that includes only premiums for employer-sponsored insurance and direct purchase insurance, but not premiums for property and casualty, or Medigap insurance. We seek comment on the source of premium data we use in the premium adjustment percentage calculation, and specifically the proposal to use average per enrollee private health insurance premiums (excluding Medigap and property and casualty insurance) or whether we continue to use employer-sponsored insurance premiums for purposes of calculating the premium adjustment percentage for PY 2026.</P>
                    <HD SOURCE="HD2">E. Regulatory Flexibility Act (RFA)</HD>
                    <P>The RFA requires agencies to analyze options for regulatory relief of small entities, if a rule has a significant impact on a substantial number of small entities. The RFA generally defines a “small entity” as (1) a proprietary firm meeting the size standards of the Small Business Administration (SBA), (2) a not-for-profit organization that is not dominant in its field, or (3) a small government jurisdiction with a population of less than 50,000. States and individuals are not included in the definition of “small entity.” The data and conclusions presented in this section, along with the rest of the RIA, amount to our initial regulatory flexibility analysis under the RFA.</P>
                    <P>
                        For purposes of the RFA, we believe that health insurance issuers would be classified under the NAICS code 524114 (Direct Health and Medical Insurance Carriers). According to SBA size standards, entities with average annual receipts of $47 million or less would be considered small entities for this NAICS code. Issuers could possibly be classified in 621491 (HMO Medical Centers) and, if this is the case, the SBA size standard will be $44.5 million or less.
                        <SU>252</SU>
                        <FTREF/>
                         We believe that few, if any, insurance companies underwriting comprehensive health insurance policies (in contrast, for example, to travel insurance policies or dental discount policies) would fall below these size thresholds. Based on data from MLR annual report submissions for the 2023 MLR reporting year, approximately 84 out of 479 issuers of health insurance coverage nationwide had total premium revenue of $47 million or less.
                        <SU>253</SU>
                        <FTREF/>
                         We estimate that approximately 80 percent of these small issuers belong to larger holding groups, and many, if not all, of these small companies are likely to have non-health lines of business that result in their revenues exceeding $47 million. We seek comment on these estimates.
                    </P>
                    <FTNT>
                        <P>
                            <SU>252</SU>
                             SBA. (n.d.). 
                            <E T="03">Table of size standards. https://www.sba.gov/document/support--table-size-standards.</E>
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>253</SU>
                             CMS. (n.d.). 
                            <E T="03">Medical Loss Ratio Data and System Resources. https://www.cms.gov/CCIIO/Resources/Data-Resources/mlr.html.</E>
                        </P>
                    </FTNT>
                    <P>
                        We anticipate that small issuers could be impacted by the provisions in this proposed rule. We are unable to quantify the impact of these proposed changes on small issuers due to uncertainty regarding their market share, market participation, membership in larger holding groups, enrollment and risk mix, and APTC receipts. However, we anticipate that there would not be a significant change in revenue for issuers since a reduction in APTC payments would mean consumers would be responsible for the balance of the premium not covered by APTC. We also anticipate that due to the small reduction in enrollment anticipated to result from the proposals in this rule, if finalized, issuers may experience a reduction in premium revenue. 
                        <PRTPAGE P="13029"/>
                        However, we anticipate this could be balanced by a reduction in claims experience, and we are unable to quantify this impact on small issuers due to uncertainty and a lack of data. We seek comment on these estimates and assumptions.
                    </P>
                    <P>In addition, section 1102(b) of the Act requires us to prepare a regulatory impact analysis if a rule may have a significant impact on the operations of a substantial number of small rural hospitals. This analysis must conform to the provisions of section 603 of the RFA. For the purposes of section 1102(b) of the Act, we define a small rural hospital as a hospital that is located outside of a metropolitan statistical area and has fewer than 100 beds. Although this proposed rule is not subject to section 1102 of the Act, we have determined that this proposed rule would not affect small rural hospitals.</P>
                    <HD SOURCE="HD2">F. Unfunded Mandates Reform Act (UMRA)</HD>
                    <P>Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) also requires that agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. In 2025, that threshold is approximately $187 million. Although we have not been able to quantify all costs, we expect that the combined impact on State, local, or Tribal governments and the private sector does not meet the UMRA definition of an unfunded mandate.</P>
                    <HD SOURCE="HD2">G. Federalism</HD>
                    <P>Executive Order 13132 establishes certain requirements that an agency must meet when it issues a proposed rule (and subsequent final rule) that imposes substantial direct requirement costs on State and local governments, preempts State law, or otherwise has Federalism implications.</P>
                    <P>In compliance with the requirement of Executive Order 13132 that agencies examine closely any policies that may have Federalism implications or limit the policy making discretion of the States, we have engaged in efforts to consult with and work cooperatively with affected States, including participating in conference calls with and attending conferences of the NAIC, and consulting with State insurance officials on an individual basis.</P>
                    <P>While developing this proposed rule, we attempted to balance the States' interests in regulating health insurance issuers with the need to ensure market stability. By doing so, we complied with the requirements of Executive Order 13132.</P>
                    <P>Because States have flexibility in designing their Exchange and Exchange-related programs, State decisions will ultimately influence both administrative expenses and overall premiums. States are not required to establish an Exchange. For States that elected previously to operate an Exchange, those States had the opportunity to use funds under Exchange Planning and Establishment Grants to fund the development of data. Accordingly, some of the initial cost of creating programs was funded by Exchange Planning and Establishment Grants. After establishment, Exchanges must be financially self-sustaining, with revenue sources at the discretion of the State. Current State Exchanges charge user fees to issuers.</P>
                    <P>
                        In our view, although this proposed rule will not impose substantial direct requirement costs on State and local governments, this regulation has Federalism implications due to potential direct effects on the distribution of power and responsibilities among the State and Federal Governments relating to determining standards relating to health insurance that is offered in the individual and small group markets. For example, State Exchanges and States operating a BHP would be required to update their eligibility systems in order to no longer consider DACA recipients “lawfully present” for purposes of such programs. However, these Federalism implications may be balanced by the fact that we do not anticipate that these proposals would impose substantial direct costs on the affected States, which in any event have chosen to operate their own Exchanges and eligibility and enrollment platforms, or the optional BHP. Additionally, the proposed rule would start the Open Enrollment Period for Exchanges on November 1 and end it on December 15 of the year preceding the benefit year, including for State Exchanges. For the 2025 annual open enrollment period, 19 of 20 State Exchanges ended their open enrollment period on or after January 15 of benefit year and one began before November 1 of the benefit year. This has Federalism implications because it would curtail flexibility in place to continue doing so. However, these implications may be balanced by limiting overall costs and burdens to State Exchanges on the basis of a truncated timeframe to hold open enrollment while maintaining flexibility to administer certain SEPs to support qualifying consumers. We intend that, if finalized, these rules would preempt State law only to the extent such State law would prevent the application of these rules.
                        <SU>254</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>254</SU>
                             See ACA § 1321(d).
                        </P>
                    </FTNT>
                    <P>Stephanie Carlton, Acting Administrator of the Centers for Medicare &amp; Medicaid Services, approved this document on March 10, 2025.</P>
                    <LSTSUB>
                        <HD SOURCE="HED">List of Subjects</HD>
                        <CFR>45 CFR Part 147</CFR>
                        <P>Aged, Citizenship and naturalization, Civil rights, Health care, Health insurance, Individuals with disabilities, Intergovernmental relations, Reporting and record keeping requirements, Sex discrimination.</P>
                        <CFR>45 CFR Part 155</CFR>
                        <P>Administrative practice and procedure, Advertising, Aged, Brokers, Citizenship and naturalization, Civil rights, Conflict of interests, Consumer protection, Grant programs—health, Grants administration, Health care, Health insurance, Health maintenance organizations (HMO), Health records, Hospitals, Indians, Individuals with disabilities, Intergovernmental relations, Loan programs—health, Medicaid, Organization and functions (Government agencies), Public assistance programs, Reporting and recordkeeping requirements, Sex discrimination, State and local governments, Taxes, Technical assistance, Women, Youth.</P>
                        <CFR>45 CFR Part 156</CFR>
                        <P>Administrative practice and procedure, Advertising, Advisory committees, Brokers, Conflict of interests, Consumer protection, Grant programs—health, Grants administration, Health care, Health insurance, Health maintenance organization (HMO), Health records, Hospitals, Indians, Individuals with disabilities, Loan programs—health, Medicaid, Organization and functions (Government agencies), Public assistance programs, Reporting and recordkeeping requirements, State and local governments, Sunshine Act, Technical assistance, Women, and Youth.</P>
                    </LSTSUB>
                    <P>For the reasons set forth in the preamble, under the authority at 5 U.S.C. 301, the Department of Health and Human Services proposes to amend 45 CFR subtitle A, subchapter B as set forth below.</P>
                    <PART>
                        <PRTPAGE P="13030"/>
                        <HD SOURCE="HED">PART 147—HEALTH INSURANCE REFORM REQUIREMENTS FOR THE GROUP AND INDIVIDUAL HEALTH INSURANCE MARKETS</HD>
                    </PART>
                    <AMDPAR>1. The authority citation for part 147 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 42 U.S.C. 300gg through 300gg-63, 300gg-91, 300gg-92, and 300gg-111 through 300gg-139, as amended, and section 3203, Pub. L. 116-136, 134 Stat. 281.</P>
                    </AUTH>
                    <AMDPAR>2. Section 147.104 is amended by—</AMDPAR>
                    <AMDPAR>a. Revising paragraphs (b)(2)(i)(E) and (F);</AMDPAR>
                    <AMDPAR>b. Removing paragraphs (b)(2)(i)(G) and (i); and</AMDPAR>
                    <AMDPAR>c. Redesignating paragraph (j) as paragraph (i).</AMDPAR>
                    <P>The revisions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 147.104 </SECTNO>
                        <SUBJECT>Guaranteed availability of coverage.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(2) * * *</P>
                        <P>(i) * * *</P>
                        <P>(E) Section 155.420(d)(12) of this subchapter (concerning plan and benefit display errors); and</P>
                        <P>(F) Section 155.420(d)(13) of this subchapter (concerning eligibility for insurance affordability programs or enrollment in the Exchange).</P>
                        <STARS/>
                    </SECTION>
                    <PART>
                        <HD SOURCE="HED">PART 155—EXCHANGE ESTABLISHMENT STANDARDS AND OTHER RELATED STANDARDS UNDER THE AFFORDABLE CARE ACT</HD>
                    </PART>
                    <AMDPAR>3. The authority citation for part 155 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 42 U.S.C. 18021-18024, 18031-18033, 18041-18042, 18051, 18054, 18071, and 18081-18083.</P>
                    </AUTH>
                    <AMDPAR>4. Section 155.20 is amended by—</AMDPAR>
                    <AMDPAR>a. In the definition of “Lawfully present” revising paragraph (9) and adding paragraph (14); and</AMDPAR>
                    <AMDPAR>b. Adding a definition of “Preponderance of the evidence” in alphabetical order.</AMDPAR>
                    <P>The revision and addition read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 155.20 </SECTNO>
                        <SUBJECT>Definitions.</SUBJECT>
                        <STARS/>
                        <P>
                            <E T="03">Lawfully present</E>
                             * * *
                        </P>
                        <P>(9) Is granted deferred action;</P>
                        <STARS/>
                        <P>(14) An individual with deferred action under the Department of Homeland Security's Deferred Action for Childhood Arrivals process, as described at 8 CFR 236.22, shall not be considered to be lawfully present as described in any of the above categories in paragraphs (1) through (13) of this definition.</P>
                        <STARS/>
                        <P>
                            <E T="03">Preponderance of the evidence</E>
                             means proof by evidence that, compared with evidence opposing it, leads to the conclusion that the fact at issue is more likely true than not.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>5. Section 155.220 is amended by revising paragraph (g)(2) introductory text to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 155.220 </SECTNO>
                        <SUBJECT>Ability of States to permit agents and brokers and web-brokers to assist qualified individuals, qualified employers, or qualified employees enrolling in QHPs.</SUBJECT>
                        <STARS/>
                        <P>(g) * * *</P>
                        <P>(2) An agent, broker, or web-broker may be determined noncompliant under paragraph (g)(1) of this section if HHS finds by a preponderance of the evidence that the agent, broker, or web-broker violated—</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>6. Section 155.305 is amended by—</AMDPAR>
                    <AMDPAR>a. Revising paragraph (f)(4) introductory text and paragraph (f)(4)(i); and</AMDPAR>
                    <AMDPAR>b. Removing and reserving paragraph (f)(4)(ii).</AMDPAR>
                    <P>The revisions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 155.305 </SECTNO>
                        <SUBJECT>Eligibility standards.</SUBJECT>
                        <STARS/>
                        <P>(f) * * *</P>
                        <P>
                            (4) 
                            <E T="03">Compliance with filing requirement.</E>
                             The Exchange may not determine a tax filer eligible for APTC if HHS notifies the Exchange as part of the process described in § 155.320(c)(3) that APTC were made on behalf of the tax filer or either spouse if the tax filer is a married couple for a year for which tax data would be utilized for verification of household income and family size in accordance with § 155.320(c)(1)(i), and the tax filer or the tax filer's spouse did not comply with the requirement to file an income tax return for that year as required by 26 U.S.C. 6011, 6012 and implementing regulations, and reconcile the advance payments of the premium tax credit for that period.
                        </P>
                        <P>(i) If HHS notifies the Exchange as part of the process described in § 155.320(c)(3) that APTC payments were made on behalf of either the tax filer or spouse, if the tax filer is a married couple, for a year for which tax data would be utilized for verification of household income and family size in accordance with § 155.320(c)(1)(i), and the tax filer or the tax filer's spouse did not comply with the requirement to file an income tax return for that year as required by 26 U.S.C. 6011, 6012, and their implementing regulations and reconcile APTC for that period (“file and reconcile”), the Exchange must:</P>
                        <P>(A) Send a notification to the tax filer, consistent with the standards applicable to the protection of Federal Tax Information, that directly informs the tax filer that the Exchange has determined that the tax filer or the tax filer's spouse, if the tax filer is married, has failed to file and reconcile, and educate the tax filer of the need to file and reconcile or risk being determined ineligible for APTC if they fail to file and reconcile immediately upon receipt of notice; or</P>
                        <P>(B) Send a notification to either the tax filer or their enrollee, that informs the tax filer or enrollee that they may be at risk of being determined ineligible for APTC for the applicable coverage year. These notices must educate tax filers or their enrollees on the requirement to file and reconcile, while not directly stating that the IRS indicates the tax filer or the tax filer's spouse, if the tax filer is married, has failed to file and reconcile.</P>
                        <STARS/>
                    </SECTION>
                    <SECTION>
                        <SECTNO>§ 155.315 </SECTNO>
                        <SUBJECT>[Amended]</SUBJECT>
                    </SECTION>
                    <AMDPAR>7. Section 155.315 is amended by removing paragraph (f)(7).</AMDPAR>
                    <AMDPAR>8. Section 155.320 is amended by—</AMDPAR>
                    <AMDPAR>a. Revising paragraphs (c)(3)(iii)(A) and (D);</AMDPAR>
                    <AMDPAR>
                        b. Adding paragraph (c)(3)(vi)(C)(
                        <E T="03">2</E>
                        ); and
                    </AMDPAR>
                    <AMDPAR>c. Removing paragraph (c)(5).</AMDPAR>
                    <P>The revisions and addition read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 155.320 </SECTNO>
                        <SUBJECT>Verification process related to eligibility for insurance affordability programs.</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(3) * * *</P>
                        <P>(iii) * * *</P>
                        <P>(A) Except as specified in paragraphs (c)(3)(iii)(B), (C), and (D) of this section, if an applicant's attestation, in accordance with paragraph (c)(3)(ii)(B) of this section, indicates that a tax filer's annual household income has increased or is reasonably expected to increase from the data described in paragraph (c)(3)(ii)(A) of this section for the plan year for which the applicant(s) in the tax filer's family are requesting coverage and the Exchange has not verified the applicant's MAGI-based income through the process specified in paragraph (c)(2)(ii) of this section to be within the applicable Medicaid or CHIP MAGI-based income standard, the Exchange must accept the applicant's attestation regarding a tax filer's annual household income without further verification.</P>
                        <STARS/>
                        <P>
                            (D) If an applicant's attestation to projected annual household income, as described in paragraph (c)(3)(ii)(B) of 
                            <PRTPAGE P="13031"/>
                            this section, is greater than or equal to 100 percent but not more than 400 percent of the FPL for the plan year for which coverage is requested and is more than a reasonable threshold above the annual household income computed in accordance with paragraph (c)(3)(ii)(A) of this section, the data described in paragraph (c)(3)(ii)(A) of this section indicates that projected annual household income is under 100 percent FPL, and the Exchange has not verified the applicant's MAGI-based income through the process specified in paragraph (c)(2)(ii) of this section to be within the applicable Medicaid or CHIP MAGI-based income standard, the Exchange must proceed in accordance with § 155.315(f)(1) through (4). However, this paragraph does not apply if the applicant is a non-citizen who is lawfully present and ineligible for Medicaid by reason of immigration status through the process specified in § 155.305(f)(2). For the purposes of this paragraph, a reasonable threshold is established by the Exchange in guidance and approved by HHS, but must not be less than 10 percent, and can also include a threshold dollar amount.
                        </P>
                        <STARS/>
                        <P>(vi) * * *</P>
                        <P>(C) * * *</P>
                        <P>
                            (
                            <E T="03">2</E>
                            ) The data described in paragraph (c)(3)(vi)(A) of this section indicates that projected annual household income is under 100 percent FPL and the applicant's attestation to projected household income, as described in paragraph (c)(3)(ii)(B) of this section, is greater than or equal to 100 percent but not more than 400 percent of the FPL for the plan year for which coverage is requested and is more than a reasonable threshold above the annual household income as computed using data sources described in paragraph (c)(3)(vi)(A) of this section, in which case the Exchange must follow the procedures specified in § 155.315(f)(1) through (4). The reasonable threshold used under this paragraph must be equal to the reasonable threshold established in accordance with paragraph (c)(3)(iii)(D) of this section.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>9. Section 155.335 is amended by—</AMDPAR>
                    <AMDPAR>a. Adding paragraph (a)(3);</AMDPAR>
                    <AMDPAR>b. Revising paragraphs (j)(1) introductory text and (j)(2) introductory text;</AMDPAR>
                    <AMDPAR>c. Removing paragraph (j)(4) and redesignating paragraph (j)(5) as paragraph (j)(4); and</AMDPAR>
                    <AMDPAR>d. Adding paragraph (n).</AMDPAR>
                    <P>The revisions and additions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 155.335 </SECTNO>
                        <SUBJECT>Annual eligibility redetermination.</SUBJECT>
                        <P>(a) * * *</P>
                        <P>(3) The annual redeterminations described in paragraph (a)(2) of this section are subject to the requirements in paragraph (n) of this section:</P>
                        <STARS/>
                        <P>(j) * * *</P>
                        <P>(1) The product under which the QHP in which the enrollee is enrolled remains available through the Exchange for renewal, consistent with § 147.106 of this subchapter, the Exchange will renew the enrollee in a QHP under that product, unless the enrollee terminates coverage, including termination of coverage in connection with voluntarily selecting a different QHP, in accordance with § 155.430, or unless otherwise provided in paragraph (j)(1)(iii)(A) of this section, as follows:</P>
                        <STARS/>
                        <P>(2) No plans under the product under which the QHP in which the enrollee is enrolled are available through the Exchange for renewal, consistent with § 147.106 of this subchapter, the Exchange will enroll the enrollee in a QHP under a different product offered by the same QHP issuer, to the extent permitted by applicable State law, unless the enrollee terminates coverage, including termination of coverage in connection with voluntarily selecting a different QHP, in accordance with § 155.430, as follows:</P>
                        <STARS/>
                        <P>
                            (n) 
                            <E T="03">Additional consumer protections.</E>
                             Subject to paragraphs (n)(1) and (2) of this section, if an enrollee does not submit an application for an updated eligibility determination on or before the last day on which a plan selection must be made for coverage effective January 1 in accordance with the effective dates specified in §§ 155.410(f) and 155.420(b), as applicable, and the enrollee's portion of the premium for a policy after the application of advance payments of the premium tax credit through the Exchange's annual redetermination process would be zero dollars, the Exchange must decrease the amount of the advance payment applied to the policy such that the remaining monthly premium owed for the policy equals $5.
                        </P>
                        <P>(1) A Federally facilitated Exchange or a State-based Exchange on the Federal platform must adhere to paragraph (n) of this section for annual redeterminations for benefit years on and after 2026.</P>
                        <P>(2) A State-based Exchange must adhere to paragraph (n) of this section for annual redeterminations for benefit years on and after 2027.</P>
                    </SECTION>
                    <AMDPAR>10. Section 155.400 is amended by—</AMDPAR>
                    <AMDPAR>a. Revising paragraph (g) introductory text;</AMDPAR>
                    <AMDPAR>b. Removing and reserving paragraph (g)(2); and</AMDPAR>
                    <AMDPAR>c. Removing paragraph (g)(3).</AMDPAR>
                    <P>The revision reads as follows:</P>
                    <SECTION>
                        <SECTNO>§ 155.400 </SECTNO>
                        <SUBJECT>Enrollment of qualified individuals into QHPs.</SUBJECT>
                        <STARS/>
                        <P>
                            (g) 
                            <E T="03">Premium payment threshold.</E>
                             Exchanges may, and the Federally facilitated Exchanges and State-Based Exchanges on the Federal platform will, allow issuers to implement a percentage-based premium payment threshold policy which can be based on the net premium after application of advance payments of the premium tax credit, provided that the threshold policy is applied in a uniform manner to all applicants and enrollees.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>11. Section 155.410 is amended by—</AMDPAR>
                    <AMDPAR>a. Revising paragraph (e)(4) introductory text;</AMDPAR>
                    <AMDPAR>b. Adding paragraphs (e)(5);</AMDPAR>
                    <AMDPAR>c. Revising paragraph (f)(3) introductory text; and</AMDPAR>
                    <AMDPAR>d. Adding paragraph (f)(4).</AMDPAR>
                    <P>The revisions and additions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 155.410 </SECTNO>
                        <SUBJECT>Initial and annual open enrollment periods.</SUBJECT>
                        <STARS/>
                        <P>(e) * * *</P>
                        <P>(4) For benefit years beginning on January 1, 2022 through January 1, 2025—</P>
                        <STARS/>
                        <P>(5) For the benefit years beginning on or after January 1, 2026, the annual open enrollment period begins on November 1 and extends through December 15 of the calendar year preceding the benefit year.</P>
                        <P>(f) * * *</P>
                        <P>(3) For benefit years beginning on January 1, 2022 through January 1, 2025, the Exchange must ensure that coverage is effective—</P>
                        <STARS/>
                        <P>(4) For benefit years beginning on or after January 1, 2026, the Exchange must ensure that coverage is effective—</P>
                        <P>(i) January 1, for QHP selections received by the Exchange on or before December 15 of the calendar year preceding the benefit year.</P>
                        <P>(ii) [Reserved]</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>12. Section 155.420 is amended by—</AMDPAR>
                    <AMDPAR>a. Revising paragraphs (a)(4)(ii)(B) and (C);</AMDPAR>
                    <AMDPAR>b. Removing paragraph (a)(4)(ii)(D);</AMDPAR>
                    <AMDPAR>
                        c. Revising paragraph (a)(4)(iii) introductory text;
                        <PRTPAGE P="13032"/>
                    </AMDPAR>
                    <AMDPAR>d. Removing paragraphs (b)(2)(vii) and (d)(16); and</AMDPAR>
                    <AMDPAR>e. Revising paragraph (g).</AMDPAR>
                    <P>The revisions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 155.420 </SECTNO>
                        <SUBJECT>Special enrollment periods.</SUBJECT>
                        <P>(a) * * *</P>
                        <P>(4) * * *</P>
                        <P>(ii) * * *</P>
                        <P>(B) Beginning January 2022, if an enrollee or their dependents become newly ineligible for cost-sharing reductions in accordance with paragraph (d)(6)(i) or (ii) of this section and the enrollee or his or her dependents are enrolled in a silver-level QHP, the Exchange must allow the enrollee and their dependents to change to a QHP one metal level higher or lower if they elect to change their QHP enrollment; or</P>
                        <P>(C) No later than January 1, 2024, if an enrollee or his or her dependents become newly ineligible for advance payments of the premium tax credit in accordance with paragraph (d)(6)(i) or (ii) of this section, the Exchange must allow the enrollee and his or her dependents to change to a QHP of any metal level, if they elect to change their QHP enrollment.</P>
                        <P>(iii) For the other triggering events specified in paragraph (d) of this section, except for paragraphs (d)(2)(i), (d)(4), and (d)(6)(i) and (ii) of this section for becoming newly eligible or ineligible for CSRs and paragraphs (d)(8), (9), (10), (12), and (14) of this section:</P>
                        <STARS/>
                        <P>
                            (g) 
                            <E T="03">Special enrollment period verification.</E>
                             Unless a request for modification is granted in accordance with § 155.315(h), an Exchange must conduct pre-enrollment verification of applicants' eligibility for special enrollment periods under this section. An Exchange meets this requirement if it verifies eligibility for the number of individuals newly enrolling in Exchange coverage through special enrollment periods that equals at least 75 percent of all special enrollments. If the Exchange is unable to verify eligibility for individuals newly enrolling in Exchange coverage through a special enrollment period for which the Exchange requires verification, then the individuals are not eligible for enrollment through the Exchange. In accordance with § 155.505(b)(1)(iii), individuals have the right to appeal the eligibility determination.
                        </P>
                    </SECTION>
                    <PART>
                        <HD SOURCE="HED">PART 156—HEALTH INSURANCE ISSUER STANDARDS UNDER THE AFFORDABLE CARE ACT, INCLUDING STANDARDS RELATED TO EXCHANGES</HD>
                    </PART>
                    <AMDPAR>13. The authority citation for part 156 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 42 U.S.C. 18021-18024, 18031-18032, 18041-18042, 18044, 18054, 18061, 18063, 18071, 18082, and 26 U.S.C. 36B.</P>
                    </AUTH>
                    <AMDPAR>14. Section 156.115 is amended by revising paragraph (d) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 156.115 </SECTNO>
                        <SUBJECT>Provision of EHB.</SUBJECT>
                        <STARS/>
                        <P>(d) For plan years beginning before January 1, 2026, an issuer of a plan offering EHB may not include routine non-pediatric dental services, routine non-pediatric eye exam services, long-term/custodial nursing home care benefits, or non-medically necessary orthodontia as EHB. For plan years beginning on any day in calendar year 2026, an issuer of a plan offering EHB may not include routine non-pediatric dental services, routine non-pediatric eye exam services, long-term/custodial nursing home care benefits, non-medically necessary orthodontia, or sex-trait modification as EHB. For plan years beginning on or after January 1, 2027, an issuer of a plan offering EHB may not include routine non-pediatric eye exam services, long-term/custodial nursing home care benefits, non-medically necessary orthodontia, or sex-trait modification as EHB.</P>
                    </SECTION>
                    <AMDPAR>16. Section 156.140 is amended by revising paragraph (c) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 156.140 </SECTNO>
                        <SUBJECT>Levels of coverage.</SUBJECT>
                        <STARS/>
                        <P>
                            (c) 
                            <E T="03">De minimis variation.</E>
                             (1) The allowable variation in the AV of a health plan that does not result in a material difference in the true dollar value of the health plan is −4 percentage points and +2 percentage points, except if a health plan under paragraph (b)(1) of this section (a bronze health plan) either covers and pays for at least one major service, other than preventive services, before the deductible or meets the requirements to be a high deductible health plan within the meaning of section 223(c)(2) of the Internal Revenue Code, in which case the allowable variation in AV for such plan is −4 percentage points and +5 percentage points.
                        </P>
                        <P>(2) [Reserved.]</P>
                    </SECTION>
                    <AMDPAR>17. Section § 156.200 is amended by revising paragraph (b)(3) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 156.200 </SECTNO>
                        <SUBJECT>QHP issuer participation standards.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(3) Ensure that each QHP complies with benefit design standards, as defined in § 156.20;</P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>18. Section § 156.400 is amended by revising the definition of “De minimis variation for a silver plan variation” to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 156.400 </SECTNO>
                        <SUBJECT>Definitions.</SUBJECT>
                        <STARS/>
                        <P>
                            <E T="03">De minimis variation for a silver plan variation</E>
                             means a −1-percentage point and +1-percentage point allowable AV variation.
                        </P>
                        <STARS/>
                    </SECTION>
                    <SIG>
                        <NAME>Robert F. Kennedy, Jr.,</NAME>
                        <TITLE>Secretary, Department of Health and Human Services.</TITLE>
                    </SIG>
                </SUPLINF>
                <FRDOC>[FR Doc. 2025-04083 Filed 3-12-25; 4:15 pm]</FRDOC>
                <BILCOD>BILLING CODE 4120-01-P</BILCOD>
            </PRORULE>
        </PRORULES>
    </NEWPART>
</FEDREG>
