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    <VOL>84</VOL>
    <NO>54</NO>
    <DATE>Wednesday, March 20, 2019</DATE>
    <UNITNAME>Contents</UNITNAME>
    <CNTNTS>
        <AGCY>
            <EAR>Agricultural Marketing</EAR>
            <PRTPAGE P="iii"/>
            <HD>Agricultural Marketing Service</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Decreased Assessment Rate:</SJ>
                <SJDENT>
                    <SJDOC>Kiwifruit Grown California, </SJDOC>
                      
                    <PGS>10257</PGS>
                      
                    <FRDOCBP T="20MRR1.sgm" D="0">2019-04908</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Agriculture</EAR>
            <HD>Agriculture Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Agricultural Marketing Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Food and Nutrition Service</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>10290</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05189</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Antitrust Division</EAR>
            <HD>Antitrust Division</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Changes under the National Cooperative Research and Production Act:</SJ>
                <SJDENT>
                    <SJDOC>Petroleum Environmental Research Forum Project No. 2014-12, Impacts of Processing Unconventional Crudes on Refinery Wastewater Treatment Plant Operations, </SJDOC>
                    <PGS>10332</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05222</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Consumer Financial Protection</EAR>
            <HD>Bureau of Consumer Financial Protection</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>10301-10302</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05190</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05191</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Centers Disease</EAR>
            <HD>Centers for Disease Control and Prevention</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>10313-10316</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05187</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05188</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Centers Medicare</EAR>
            <HD>Centers for Medicare &amp; Medicaid Services</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>10316-10317</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05267</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Civil Rights</EAR>
            <HD>Civil Rights Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Meetings:</SJ>
                <SJDENT>
                    <SJDOC>Virginia Advisory Committee, </SJDOC>
                    <PGS>10298</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05223</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Coast Guard</EAR>
            <HD>Coast Guard</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Safety Zone:</SJ>
                <SJDENT>
                    <SJDOC>Missouri River, Mile Markers 450-625, St. Joseph, MO to Omaha, NE, </SJDOC>
                      
                    <PGS>10262-10264</PGS>
                      
                    <FRDOCBP T="20MRR1.sgm" D="2">2019-05300</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>International Trade Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>National Oceanic and Atmospheric Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Comptroller</EAR>
            <HD>Comptroller of the Currency</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <DOCENT>
                    <DOC>Assessment of Fees, </DOC>
                    <PGS>10270-10274</PGS>
                    <FRDOCBP T="20MRP1.sgm" D="4">2019-05128</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Defense Nuclear</EAR>
            <HD>Defense Nuclear Facilities Safety Board</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>10302</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05374</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Education Department</EAR>
            <HD>Education Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Foreign Graduate Medical School Consumer Information Reporting Form, </SJDOC>
                    <PGS>10304-10305</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05281</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Integrated Postsecondary Education Data System 2019-20 through 2021-22, </SJDOC>
                    <PGS>10302-10303</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05241</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Loan Cancellation in the Federal Perkins Loan Program, </SJDOC>
                    <PGS>10304</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05280</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Student Aid Internet Gateway Enrollment Document, </SJDOC>
                    <PGS>10303-10304</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05279</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Energy Department</EAR>
            <HD>Energy Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Energy Regulatory Commission</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Meetings:</SJ>
                <SJDENT>
                    <SJDOC>Environmental Management Site-Specific Advisory Board Chairs; Correction, </SJDOC>
                    <PGS>10305</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05235</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>Massachusetts; Air Plan Approval; High Occupancy Vehicle Lanes, </SJDOC>
                      
                    <PGS>10264-10266</PGS>
                      
                    <FRDOCBP T="20MRR1.sgm" D="2">2019-04874</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Aviation</EAR>
            <HD>Federal Aviation Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Airworthiness Directives:</SJ>
                <SJDENT>
                    <SJDOC>Airbus SAS Airplanes, </SJDOC>
                      
                    <PGS>10259-10262</PGS>
                      
                    <FRDOCBP T="20MRR1.sgm" D="3">2019-05199</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Communications</EAR>
            <HD>Federal Communications Commission</HD>
            <CAT>
                <HD>RULES</HD>
                <DOCENT>
                    <DOC>Opt-Out Notice Requirement for Faxes Sent with the Recipient's Prior Express Permission, </DOC>
                      
                    <PGS>10266-10267</PGS>
                      
                    <FRDOCBP T="20MRR1.sgm" D="1">2019-05276</FRDOCBP>
                </DOCENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <DOCENT>
                    <DOC>Petition for Reconsideration of Action in Rulemaking Proceeding, </DOC>
                    <PGS>10275</PGS>
                    <FRDOCBP T="20MRP1.sgm" D="0">2019-05234</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Reexamination of the Comparative Standards and Procedures for Licensing Noncommercial Educational Broadcast Stations and Low Power FM Stations, </DOC>
                    <PGS>10275-10289</PGS>
                    <FRDOCBP T="20MRP1.sgm" D="14">2019-04037</FRDOCBP>
                </DOCENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>10311-10312</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05233</FRDOCBP>
                </DOCENT>
                <SJ>Meetings:</SJ>
                <SJDENT>
                    <SJDOC>Disability Advisory Committee, </SJDOC>
                    <PGS>10312</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05179</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Energy</EAR>
            <HD>Federal Energy Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>10308-10310</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="2">2019-05208</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Combined Filings, </DOC>
                    <PGS>10306-10307, 10310</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05201</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05202</FRDOCBP>
                </DOCENT>
                <SJ>Environmental Review:</SJ>
                <SJDENT>
                    <SJDOC>Dominion Energy Transmission, Inc.; West Loop Project, </SJDOC>
                    <PGS>10310-10311</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05203</FRDOCBP>
                </SJDENT>
                <SJ>Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:</SJ>
                <SJDENT>
                    <SJDOC>Broadlands Wind Farm, LLC, </SJDOC>
                    <PGS>10308</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05205</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Lexington Chenoa Wind Farm LLC, </SJDOC>
                    <PGS>10305-10306</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05206</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Paulding Wind Farm IV LLC, </SJDOC>
                    <PGS>10307</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05207</FRDOCBP>
                </SJDENT>
                <PRTPAGE P="iv"/>
                <SJ>Meetings:</SJ>
                <SJDENT>
                    <SJDOC>Review of Cost Submittals by Other Federal Agencies for Administering Part I of the Federal Power Act, </SJDOC>
                    <PGS>10306</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05204</FRDOCBP>
                </SJDENT>
                <SJ>Opportunity to File Pleadings:</SJ>
                <SJDENT>
                    <SJDOC>Constitution Pipeline Company, LLC, </SJDOC>
                    <PGS>10305</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05192</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Maritime</EAR>
            <HD>Federal Maritime Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agreement Filed, </DOC>
                    <PGS>10312</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05301</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Motor</EAR>
            <HD>Federal Motor Carrier Safety Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Qualification of Drivers; Exemption Applications:</SJ>
                <SJDENT>
                    <SJDOC>Vision, </SJDOC>
                    <PGS>10385-10392</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="3">2019-05269</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="4">2019-05296</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Reserve</EAR>
            <HD>Federal Reserve System</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Formations of, Acquisitions by, and Mergers of Bank Holding Companies, </DOC>
                    <PGS>10312-10313</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05240</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Food and Drug</EAR>
            <HD>Food and Drug Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Guidance:</SJ>
                <SJDENT>
                    <SJDOC>Human Immunodeficiency Virus-1 Infection:  Developing Systemic Drug Products for Pre-Exposure Prophylaxis, </SJDOC>
                    <PGS>10317-10318</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05231</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Pediatric Human Immunodeficiency Virus Infection:  Drug Product Development for Treatment, </SJDOC>
                    <PGS>10318-10319</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05232</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Food and Nutrition</EAR>
            <HD>Food and Nutrition Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Child Nutrition Programs:</SJ>
                <SJDENT>
                    <SJDOC>Income Eligibility Guidelines, </SJDOC>
                    <PGS>10295-10298</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="3">2019-05183</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Emergency Food Assistance Program; Availability of Foods for Fiscal Year 2019, </DOC>
                    <PGS>10290-10293</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="3">2019-05198</FRDOCBP>
                </DOCENT>
                <SJ>Summer Food Service Program:</SJ>
                <SJDENT>
                    <SJDOC>2019 Reimbursement Rates, </SJDOC>
                    <PGS>10293-10295</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="2">2019-05184</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Foreign Trade</EAR>
            <HD>Foreign-Trade Zones Board</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Reorganization under Alternative Site Framework:</SJ>
                <SJDENT>
                    <SJDOC>Foreign-Trade Zone 64 (Expansion of Service Area), Jacksonville, Florida, </SJDOC>
                    <PGS>10298</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05275</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Health and Human</EAR>
            <HD>Health and Human Services Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Centers for Disease Control and Prevention</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Centers for Medicare &amp; Medicaid Services</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Food and Drug Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Homeland</EAR>
            <HD>Homeland Security Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Coast Guard</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Housing</EAR>
            <HD>Housing and Urban Development Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>2019 American Housing Survey, </SJDOC>
                    <PGS>10320-10322</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="2">2019-05303</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Manufactured Housing Survey, </SJDOC>
                    <PGS>10319-10320</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05302</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Interior</EAR>
            <HD>Interior Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Land Management Bureau</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>National Park Service</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Internal Revenue</EAR>
            <HD>Internal Revenue Service</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <DOCENT>
                    <DOC>Certain Hybrid Arrangements; Hearing Cancellation, </DOC>
                    <PGS>10274-10275</PGS>
                    <FRDOCBP T="20MRP1.sgm" D="1">2019-05371</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>International Trade Adm</EAR>
            <HD>International Trade Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Antidumping or Countervailing Duty Investigations, Orders, or Reviews:</SJ>
                <SJDENT>
                    <SJDOC>Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China, </SJDOC>
                    <PGS>10299-10301</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05273</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05274</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Justice Department</EAR>
            <HD>Justice Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Antitrust Division</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Justice Programs Office</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>10332-10333</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05182</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Justice Programs</EAR>
            <HD>Justice Programs Office</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Charter Renewal:</SJ>
                <SJDENT>
                    <SJDOC>Federal Advisory Committee on Juvenile Justice, </SJDOC>
                    <PGS>10333</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05193</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05237</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Land</EAR>
            <HD>Land Management Bureau</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Draft Bering Sea-Western Interior Resource Management Plan, Alaska; Public Meetings and Subsistence Hearings, </SJDOC>
                    <PGS>10328</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05291</FRDOCBP>
                </SJDENT>
                <SJ>Record of Decision:</SJ>
                <SJDENT>
                    <SJDOC>Approved Resource Management Plan Amendment for Greater Sage-Grouse Conservation, Idaho, </SJDOC>
                    <PGS>10325-10326</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05289</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Approved Resource Management Plan Amendment for Greater Sage-Grouse Conservation, Nevada and Northeastern California, </SJDOC>
                    <PGS>10323-10324</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05294</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Approved Resource Management Plan Amendment for Greater Sage-Grouse Conservation, Northwest Colorado, </SJDOC>
                    <PGS>10327</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05293</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Approved Resource Management Plan Amendment for Greater Sage-Grouse Conservation, Oregon, </SJDOC>
                    <PGS>10324-10325</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05297</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Approved Resource Management Plan Amendment for Greater Sage-Grouse Conservation, Wyoming, </SJDOC>
                    <PGS>10322-10323</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05292</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Approved Resource Management Plan Amendment for the Utah Greater Sage-Grouse Sub-Region, </SJDOC>
                    <PGS>10328-10330</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="2">2019-05295</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Oceanic</EAR>
            <HD>National Oceanic and Atmospheric Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Fisheries of the Exclusive Economic Zone Off Alaska:</SJ>
                <SJDENT>
                    <SJDOC>Pacific Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area, </SJDOC>
                      
                    <PGS>10268</PGS>
                      
                    <FRDOCBP T="20MRR1.sgm" D="0">2019-05284</FRDOCBP>
                </SJDENT>
                <SJ>Fisheries of the Northeastern United States:</SJ>
                <SJDENT>
                    <SJDOC>Monkfish Fishery; 2019 Specifications, </SJDOC>
                      
                    <PGS>10267-10268</PGS>
                      
                    <FRDOCBP T="20MRR1.sgm" D="1">2019-05283</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Park</EAR>
            <HD>National Park Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Continuation of Concession Contracts, </DOC>
                    <PGS>10330</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05197</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Extension of Concession Contracts and Intent to Award Temporary Concession Contract, </DOC>
                    <PGS>10330-10332</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="2">2019-05196</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Science</EAR>
            <HD>National Science Foundation</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>10334</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05265</FRDOCBP>
                </DOCENT>
                <SJ>Meetings:</SJ>
                <SJDENT>
                    <SJDOC>Proposal Review Panel for Physics, </SJDOC>
                    <PGS>10334-10336</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05224</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05225</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05226</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05227</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05228</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>10335</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05393</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Nuclear Regulatory</EAR>
            <PRTPAGE P="v"/>
            <HD>Nuclear Regulatory Commission</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>List of Approved Spent Fuel Storage Casks:</SJ>
                <SJDENT>
                    <SJDOC>NAC International MAGNASTOR Cask System; Certificate of Compliance No. 1031, Amendment No. 7; Correction, </SJDOC>
                      
                    <PGS>10257-10259</PGS>
                      
                    <FRDOCBP T="20MRR1.sgm" D="2">2019-05238</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <DOCENT>
                    <DOC>Enhanced Security of Special Nuclear Material, </DOC>
                    <PGS>10269-10270</PGS>
                    <FRDOCBP T="20MRP1.sgm" D="1">2019-05261</FRDOCBP>
                </DOCENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Survey of NRC Materials Licensees to Support Rulemaking for NRC's Small Entity Size Standards, </SJDOC>
                    <PGS>10340-10341</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05185</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Branch Technical Position 5-3, Fracture Toughness Requirements, </DOC>
                    <PGS>10341-10342</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05262</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Memorandum of Understanding between the U.S. Nuclear Regulatory Commission and the Florida Department of Health, </DOC>
                    <PGS>10336-10338</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="2">2019-05229</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Memorandum of Understanding between the U.S. Nuclear Regulatory Commission and the Mississippi State Department of Health, </DOC>
                    <PGS>10338-10340</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="2">2019-05230</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Personnel</EAR>
            <HD>Personnel Management Office</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Privacy Act; Matching Program, </DOC>
                    <PGS>10342-10343</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05194</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Postal Regulatory</EAR>
            <HD>Postal Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>New Postal Product, </DOC>
                    <PGS>10343-10344</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05180</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Postal Service</EAR>
            <HD>Postal Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>10346-10347</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05373</FRDOCBP>
                </DOCENT>
                <SJ>Product Change:</SJ>
                <SJDENT>
                    <SJDOC>First-Class Package Service Negotiated Service Agreement, </SJDOC>
                    <PGS>10347</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05256</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Parcel Return Service Negotiated Service Agreement, </SJDOC>
                    <PGS>10346-10347</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05259</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05260</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Priority Mail and First-Class Package Service Negotiated Service Agreement, </SJDOC>
                    <PGS>10346</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05255</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Priority Mail Express and Priority Mail Negotiated Service Agreement, </SJDOC>
                    <PGS>10345-10346</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05247</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05254</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05258</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Priority Mail Express Negotiated Service Agreement, </SJDOC>
                    <PGS>10344-10346</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05236</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05253</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Priority Mail Express, Priority Mail, &amp; First-Class Package Service Negotiated Service Agreement, </SJDOC>
                    <PGS>10345-10347</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05246</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05257</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Priority Mail Negotiated Service Agreement, </SJDOC>
                    <PGS>10344-10348</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05242</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05243</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05244</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05245</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05248</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05249</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05250</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05251</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Presidential Documents</EAR>
            <HD>Presidential Documents</HD>
            <CAT>
                <HD>PROCLAMATIONS</HD>
                <SJ>Special Observances:</SJ>
                <SJDENT>
                    <SJDOC>National Poison Prevention Week (Proc. 9850), </SJDOC>
                    <PGS>10395-10398</PGS>
                    <FRDOCBP T="20MRD0.sgm" D="3">2019-05472</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Securities</EAR>
            <HD>Securities and Exchange Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Self-Regulatory Organizations; Proposed Rule Changes:</SJ>
                <SJDENT>
                    <SJDOC>Cboe BZX Exchange, Inc., </SJDOC>
                    <PGS>10361-10363</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="2">2019-05219</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Cboe EDGA Exchange, Inc., </SJDOC>
                    <PGS>10355-10357</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="2">2019-05218</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Miami International Securities Exchange, LLC, </SJDOC>
                    <PGS>10359-10361, 10363-10367</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="4">2019-05217</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="2">2019-05213</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>MIAX Emerald, LLC, </SJDOC>
                    <PGS>10350-10355</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="5">2019-05215</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>MIAX PEARL, LLC, </SJDOC>
                    <PGS>10380-10384</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="4">2019-05216</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Nasdaq ISE, LLC, </SJDOC>
                    <PGS>10367-10369</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="2">2019-05214</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Nasdaq MRX, LLC, </SJDOC>
                    <PGS>10357-10359</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="2">2019-05212</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>NYSE Arca, Inc., </SJDOC>
                    <PGS>10348-10350, 10369-10377</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="2">2019-05210</FRDOCBP>
                    <FRDOCBP T="20MRN1.sgm" D="8">2019-05211</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>The Options Clearing Corporation, </SJDOC>
                    <PGS>10377-10380</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="3">2019-05220</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>State Department</EAR>
            <HD>State Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Culturally Significant Objects Imported for Exhibition:</SJ>
                <SJDENT>
                    <SJDOC>Sur moderno: Journeys of Abstraction—The Patricia Phelps de Cisneros Gift Exhibition, </SJDOC>
                    <PGS>10384-10385</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05268</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Determination and Waiver of the Department of State, Foreign Operations, and Related Programs Appropriations Act Relating to Assistance for the Independent States of the Former Soviet Union, </DOC>
                    <PGS>10384</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05288</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Surface Transportation</EAR>
            <HD>Surface Transportation Board</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Lease Exemption with Interchange Commitment:</SJ>
                <SJDENT>
                    <SJDOC>Iowa Northern Railway Company; Rail Line of Union Pacific Railroad Company, </SJDOC>
                    <PGS>10385</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05271</FRDOCBP>
                </SJDENT>
                <SJ>Requests for Nominations:</SJ>
                <SJDENT>
                    <SJDOC>Rail Energy Transportation Advisory Committee; Correction, </SJDOC>
                    <PGS>10385</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05252</FRDOCBP>
                </SJDENT>
            </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>Federal Motor Carrier Safety Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Treasury</EAR>
            <HD>Treasury Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Comptroller of the Currency</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Internal Revenue Service</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Veteran Affairs</EAR>
            <HD>Veterans Affairs Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Cost-of-Living Adjustments for Service-Connected Benefits, </DOC>
                    <PGS>10392-10393</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="1">2019-05287</FRDOCBP>
                </DOCENT>
                <SJ>Meetings:</SJ>
                <SJDENT>
                    <SJDOC>Veterans' Rural Health Advisory Committee, </SJDOC>
                    <PGS>10392</PGS>
                    <FRDOCBP T="20MRN1.sgm" D="0">2019-05272</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <PTS>
            <HD SOURCE="HED">Separate Parts In This Issue</HD>
            <HD>Part II</HD>
            <DOCENT>
                <DOC>Presidential Documents, </DOC>
                <PGS>10395-10398</PGS>
                <FRDOCBP T="20MRD0.sgm" D="3">2019-05472</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>84</VOL>
    <NO>54</NO>
    <DATE>Wednesday, March 20, 2019</DATE>
    <UNITNAME>Rules and Regulations</UNITNAME>
    <RULES>
        <RULE>
            <PREAMB>
                <PRTPAGE P="10257"/>
                <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Agricultural Marketing Service</SUBAGY>
                <CFR>7 CFR Part 920</CFR>
                <DEPDOC>[Doc. No. AMS-SC-18-0060; SC18-920-1 C]</DEPDOC>
                <SUBJECT>Kiwifruit Grown California; Decreased Assessment Rate</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Agricultural Marketing Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule; correcting amendment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>U.S. Department of Agriculture published a final rule on December 26, 2018, to implement a recommendation from the Kiwifruit Administrative Committee (Committee) to decrease the assessment rate established for the 2018-2019 and subsequent fiscal periods. This correction addresses a typographical error in that final rule.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective March 20, 2019.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Maria Stobbe, Marketing Specialist, or Terry Vawter, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: 
                        <E T="03">Maria.Stobbe@usda.gov</E>
                         or 
                        <E T="03">Terry.Vawter@usda.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The U.S. Department of Agriculture (USDA) published a final rule in the 
                    <E T="04">Federal Register</E>
                     on December 26, 2018, implementing a recommendation from the Committee to decrease the assessment rate established for the 2018-2019 and subsequent fiscal periods. This correction addresses a typographical error in Amendment 2 of the final rule, which referenced § 925.213, when the correct reference should have been § 920.213. Therefore, USDA is issuing this correction to amend the CFR to reflect the proper section number for § 920.213, which was incorrect in the final rule published on December 26, 2018 (83 FR 66077).
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 7 CFR Part 920</HD>
                    <P>Kiwifruit, Marketing agreements, Reporting and recordkeeping requirements.</P>
                </LSTSUB>
                <P>For the reasons set forth in the preamble, 7 CFR part 920 is amended by making the following correcting amendment:</P>
                <PART>
                    <HD SOURCE="HED">PART 920—KIWIFRUIT GROWN IN CALIFORNIA</HD>
                </PART>
                <REGTEXT TITLE="7" PART="920">
                    <AMDPAR>1. The authority citation for part 920 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>7 U.S.C. 601-674.</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="7" PART="920">
                    <AMDPAR>2. In part 920, the section heading for § 920.213, currently listed incorrectly as § 925.213, is revised to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 920.213 </SECTNO>
                        <SUBJECT>Assessment rate.</SUBJECT>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <DATED>Dated: March 12, 2019.</DATED>
                    <NAME>Bruce Summers,</NAME>
                    <TITLE>Administrator, Agricultural Marketing Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-04908 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 3410-02-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <CFR>10 CFR Part 72</CFR>
                <DEPDOC>[NRC-2017-0008]</DEPDOC>
                <RIN>RIN 3150-AJ89</RIN>
                <SUBJECT>List of Approved Spent Fuel Storage Casks: NAC International MAGNASTOR® Cask System; Certificate of Compliance No. 1031, Amendment No. 7; Correction</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Correcting amendment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The U.S. Nuclear Regulatory Commission (NRC) published a direct final rule in the 
                        <E T="04">Federal Register</E>
                         on June 6, 2017, amending its spent fuel storage regulations by revising the NAC International MAGNASTOR® Cask System listing within the “List of approved spent fuel storage casks” to include Amendment No. 7 to Certificate of Compliance No. 1031. The direct final rule was effective on August 21, 2017. The technical specifications for NAC International MAGNASTOR® Cask System, Amendment No. 7 included a minor editorial and non-substantive error. The purpose of this action is to correct the error.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective on March 20, 2019.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Please refer to Docket ID NRC-2017-0008 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">http://www.regulations.gov</E>
                         and search for Docket ID NRC-2017-0008. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: 
                        <E T="03">Carol.Gallagher@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">http://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, 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 the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's PDR:</E>
                         You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.  
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Vanessa Cox, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-8342; email: 
                        <E T="03">Vanessa.Cox@nrc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The NRC published a direct final rule in the 
                    <E T="04">Federal Register</E>
                     on June 6, 2017 (82 FR 25931), amending its regulations in part 72 of title 10 of the 
                    <E T="03">Code of Federal Regulations</E>
                     (10 CFR) by revising the “List of approved spent fuel storage casks” to add Amendment No. 7 to Certificate of Compliance No. 1031 for 
                    <PRTPAGE P="10258"/>
                    the NAC International MAGNASTOR® Cask System listing. The direct final rule was effective on August 21, 2017 (82 FR 37511). The final rule inadvertently omitted a relevant reference to applicable procedures in the technical specifications.
                </P>
                <P>On December 14, 2018, the NRC received a request from NAC to correct a minor editorial and non-substantive error in Appendix A, “Technical Specifications and Design Features for the MAGNASTOR System,” of Certificate of Compliance No. 1031, Amendment No. 7 (ADAMS Accession No. ML18352A886). NAC requested that a sentence in Technical Specifications Appendix A, Section 5.2(e) be corrected to include an omitted reference to applicable procedures in Section 9.4.1. Specifically, NAC said the revised sentence should state “. . . the vent port and drain port shall be verified in accordance with procedures in Section 9.1.1 [MAGNASTOR® Transfer Cask (MTC)] or 9.4.1 [Passive MAGNASTOR® Transfer Cask (PMTC)].”</P>
                <P>Amendment No. 7 provided for a new PMTC. In its application for Amendment No. 7, NAC International submitted a new set of operating procedures for the PMTC located in Section 9.4.1, “Loading and Closing the [Transportable Storage Canister (TSC)] Using PMTC” (ADAMS Accession No. ML15225A478). These procedures are separate and distinct from the procedures in Section 9.1.1, “Loading and Closing the TSC Using Standard MTC” (ADAMS Accession No. ML17293A428). The two procedures require licensees to “[p]erform visual and [dye penetrant (PT)] examinations.” The standard MTC is the original transfer cask authorized for use in the initial certificate of compliance (ADAMS Accession No. ML090350509). Prior to Amendment No. 7, the safety analysis report and the technical specifications referred to the authorized transfer cask as the “transfer cask,” since there was no need to make a distinction between two different transfer casks.</P>
                <P>In issuing Amendment No. 7 to Certificate of Compliance No. 1031 for the MAGNASTOR® storage cask, the NRC authorized licensees to use the PMTC and its associated changes to the technical specifications, in addition to the previously authorized MTC cask. However, Appendix A, Section 5.2.e of the technical specifications for Amendment No. 7 inadvertently omitted the reference to PMTC procedures in Section 9.4.1 and instead only referenced MTC procedures in Section 9.1.1. Sections 9.1.1 and 9.4.1 require the same “visual and PT examinations.” NRC staff previously reviewed and approved the “visual and PT examinations” when it approved the MAGNASTOR® storage cask (ADAMS Accession No. ML090350589). Further, NRC staff reviewed and approved the inspection and testing procedures, including the use of “visual and PT examinations” with regard to the PMTC, when it evaluated Amendment No. 7 (ADAMS Accession No. ML17013A513). Adding a reference to the applicable PMTC procedures to one sentence in the technical specifications is a minor editorial correction and would not change the substantive responsibilities of any person or entity regulated by the NRC.</P>
                <P>The NRC is correcting the omission by adding the reference to Section 9.4.1 in the technical specifications for Amendment No. 7 in Appendix A, Section 5.2.e for the PMTC. The NRC is also revising Amendment No. 7 to Certificate of Compliance No. 1031 of the NAC International MAGNASTOR® Cask System listing within 10 CFR 72.214 to note the correction.</P>
                <HD SOURCE="HD1">Rulemaking Procedure</HD>
                <P>Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency may waive the normal notice and comment requirements if it finds, for good cause, that they are impracticable, unnecessary, or contrary to the public interest. As authorized by 5 U.S.C. 553(b)(3)(B), the NRC finds good cause to waive notice and opportunity for comment on the amendment because it will have no substantive impact and is of a minor and administrative nature dealing with a correction to a CFR section related only to management, organization, procedure, and practice. This amendment does not require action by any person or entity regulated by the NRC. Also, the final rule does not change the substantive responsibilities of any person or entity regulated by the NRC. Accordingly, for the reasons stated in this document, the NRC finds, pursuant to 5 U.S.C. 553(d)(3), that good cause exists to make this rule effective upon publication.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 10 CFR Part 72</HD>
                    <P>Administrative practice and procedure, Hazardous waste, Indians, Intergovernmental relations, Nuclear energy, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing.</P>
                </LSTSUB>
                <P>For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is making the following correcting amendment to 10 CFR part 72:</P>
                <PART>
                    <HD SOURCE="HED">PART 72—LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-RELATED GREATER THAN CLASS C WASTE</HD>
                </PART>
                <REGTEXT TITLE="10" PART="72">
                    <AMDPAR>1. The authority citation for part 72 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> Atomic Energy Act of 1954, secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 223, 234, 274 (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2210e, 2232, 2233, 2234, 2236, 2237, 2238, 2273, 2282, 2021); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); National Environmental Policy Act of 1969 (42 U.S.C. 4332); Nuclear Waste Policy Act of 1982, secs. 117(a), 132, 133, 134, 135, 137, 141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 10152, 10153, 10154, 10155, 10157, 10161, 10165(g), 10168, 10198(a)); 44 U.S.C. 3504 note.</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="10" PART="72">
                    <AMDPAR>2. In § 72.214, Certificate of Compliance 1031 is revised to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 72.214 </SECTNO>
                        <SUBJECT>List of approved spent fuel storage casks.</SUBJECT>
                        <STARS/>
                        <P>
                            <E T="03">Certificate Number:</E>
                             1031.
                        </P>
                        <P>
                            <E T="03">Initial Certificate Effective Date:</E>
                             February 4, 2009, superseded by Initial Certificate, Revision 1, on February 1, 2016.
                        </P>
                        <P>
                            <E T="03">Initial Certificate, Revision 1, Effective Date:</E>
                             February 1, 2016.
                        </P>
                        <P>
                            <E T="03">Amendment Number 1 Effective Date:</E>
                             August 30, 2010, superseded by Amendment Number 1, Revision 1, on February 1, 2016.
                        </P>
                        <P>
                            <E T="03">Amendment Number 1, Revision 1, Effective Date:</E>
                             February 1, 2016.
                        </P>
                        <P>
                            <E T="03">Amendment Number 2 Effective Date:</E>
                             January 30, 2012, superseded by Amendment Number 2, Revision 1, on February 1, 2016.
                        </P>
                        <P>
                            <E T="03">Amendment Number 2, Revision 1, Effective Date:</E>
                             February 1, 2016.
                        </P>
                        <P>
                            <E T="03">Amendment Number 3 Effective Date:</E>
                             July 25, 2013, superseded by Amendment Number 3, Revision 1, on February 1, 2016.
                        </P>
                        <P>
                            <E T="03">Amendment Number 3, Revision 1, Effective Date:</E>
                             February 1, 2016.
                        </P>
                        <P>
                            <E T="03">Amendment Number 4 Effective Date:</E>
                             April 14, 2015.
                        </P>
                        <P>
                            <E T="03">Amendment Number 5 Effective Date:</E>
                             June 29, 2015.
                        </P>
                        <P>
                            <E T="03">Amendment Number 6 Effective Date:</E>
                             December 21, 2016.
                        </P>
                        <P>
                            <E T="03">Amendment Number 7 Effective Date:</E>
                             August 21, 2017, as corrected (ADAMS Accession No. ML19045A346).
                            <PRTPAGE P="10259"/>
                        </P>
                        <P>
                            <E T="03">SAR Submitted by:</E>
                             NAC International, Inc.
                        </P>
                        <P>
                            <E T="03">SAR Title:</E>
                             Final Safety Analysis Report for the MAGNASTOR® System.
                        </P>
                        <P>
                            <E T="03">Docket Number:</E>
                             72-1031.
                        </P>
                        <P>
                            <E T="03">Certificate Expiration Date:</E>
                             February 4, 2029.
                        </P>
                        <P>
                            <E T="03">Model Number:</E>
                             MAGNASTOR®.
                        </P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <DATED>Dated at Rockville, Maryland, this 14th day of March, 2019.</DATED>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <NAME>Cindy K. Bladey, </NAME>
                    <TITLE>Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Office of Nuclear Material Safety and Safeguards.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05238 Filed 3-19-19; 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-2019-0121; Product Identifier 2019-NM-025-AD; Amendment 39-19591; AD 2019-05-09]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; Airbus SAS 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; request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>We are adopting a new airworthiness directive (AD) for certain Airbus SAS Model A320-251N and -271N airplanes, and Model A321-253N airplanes. This AD was prompted by reports of low clearance between the electrical harness and nearby hydraulic pipes in the inboard trailing edge of the wing. This AD requires repetitive detailed inspections of certain electrical harnesses for discrepancies and corrective actions, if necessary, as specified in an European Aviation Safety Agency (EASA) AD, which is incorporated by reference. We are issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD becomes effective April 4, 2019.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 4, 2019.</P>
                    <P>We must receive comments on this AD by May 6, 2019.</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">http://www.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>
                         U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        For the incorporation by reference (IBR) material described in the “Related IBR Material Under 1 CFR part 51” section in 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                        , contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email 
                        <E T="03">ADs@easa.europa.eu;</E>
                         internet 
                        <E T="03">www.easa.europa.eu.</E>
                         You may find this IBR material on the EASA website at 
                        <E T="03">https://ad.easa.europa.eu.</E>
                         You may view this IBR material at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available in the AD docket on the internet at 
                        <E T="03">http://www.regulations.gov.</E>
                    </P>
                </ADD>
                <HD SOURCE="HD1">Examining the AD Docket</HD>
                <P>
                    You may examine the AD docket on the internet at 
                    <E T="03">http://www.regulations.gov</E>
                     by searching for and locating Docket No. FAA-2019-0121; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for Docket Operations (telephone 800-647-5527) is in the 
                    <E T="02">ADDRESSES</E>
                     section. Comments will be available in the AD docket shortly after receipt.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Discussion</HD>
                <P>The EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2019-0035, dated February 15, 2019 (“EASA AD 2019-0035”) (also referred to as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus SAS Model A320-251N and -271N airplanes, and Model A321-253N airplanes. The MCAI states:</P>
                <EXTRACT>
                    <P>Low clearance between electrical harness and nearby hydraulic pipes has been detected in the inboard trailing edge of some aeroplanes.  </P>
                    <P>This condition, if not detected and corrected, could lead to chafing of electrical harnesses on hydraulic pipes, eventually creating an ignition source in the flammable fluid leakage zone area, possibly resulting in fire or an explosion and loss of the aeroplane.</P>
                    <P>To address this potential unsafe condition, Airbus issued the AOT [alert operators transmission], providing instructions to accomplish a detailed inspection (DET) for clearance and damage, and published the modification SB [Service Bulletin A320-29-1176], providing instructions to modify the electrical harness routing, increasing the clearance between electrical harness and hydraulic pipes.</P>
                    <P>For the reasons described above, this [EASA] AD requires repetitive DET of the electrical harness and modification of the aeroplane.</P>
                </EXTRACT>
                <HD SOURCE="HD1">Related IBR Material Under 1 CFR Part 51</HD>
                <P>
                    EASA AD 2019-0035 describes procedures for repetitive detailed inspections of certain electrical harnesses for discrepancies (clearance and damage) and corrective actions, if necessary. Corrective actions include repairing the electrical harness or replacing the electrical harness sleeve, and increasing the clearance between the affected electrical harness and hydraulic pipe. 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, and it is publicly available through the EASA website.
                </P>
                <HD SOURCE="HD1">FAA's Determination</HD>
                <P>This product has been approved by the aviation authority of another country, and is approved for operation in the United States. Pursuant to our bilateral agreement with the State of Design Authority, we have been notified of the unsafe condition described in the MCAI referenced above. We are issuing this AD because we evaluated all pertinent information and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design.</P>
                <HD SOURCE="HD1">Requirements of This AD</HD>
                <P>
                    This AD requires accomplishing the actions specified in EASA AD 2019-0035 described previously through the incorporated by reference of EASA AD 2019-0035, except for any differences identified as exceptions in the 
                    <PRTPAGE P="10260"/>
                    regulatory text of this AD and except as discussed under “Differences Between this AD and the MCAI.”
                </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 worked with Airbus and EASA to develop a process to use certain EASA ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. As a result, EASA AD 2019-0035 is incorporated by reference in the FAA final rule. This AD, therefore, requires compliance with the provisions specified in EASA AD 2019-0035, except for any differences identified as exceptions in the regulatory text of this AD. Service information specified in EASA AD 2019-0035 that is required for compliance with EASA AD 2019-0035 is available on the internet at 
                    <E T="03">http://www.regulations.gov</E>
                     by searching for and locating Docket No. FAA-2019-0121.
                </P>
                <HD SOURCE="HD1">Differences Between This AD and the MCAI</HD>
                <P>EASA AD 2019-0035 specifies to modify the airplane (modification of the adaptation damper bulkhead fitting for left hand and right hand wings). For this AD, the modification, which would terminate the repetitive inspections required by this AD, is optional. However, we are considering further rulemaking to require this modification. The planned compliance time for the modification would allow enough time to provide notice and opportunity for prior public comment on the merits of the modification. This difference has been coordinated with EASA.</P>
                <HD SOURCE="HD1">FAA's Justification and Determination of the Effective Date</HD>
                <P>An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because failure to detect and correct chafing of electrical harnesses in the vicinity of hydraulic pipes could result in a potential source of ignition in the flammable fluid leakage zone, and possibly result in a fire or explosion and loss of the airplane. Therefore, we find good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reasons stated above, we find that good cause exists for making this amendment effective in less than 30 days.</P>
                <HD SOURCE="HD1">Comments Invited</HD>
                <P>
                    This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the 
                    <E T="02">ADDRESSES</E>
                     section. Include “Docket No. FAA-2019-0121; Product Identifier 2019-NM-025-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD based on those comments.
                </P>
                <P>
                    We will post all comments we receive, without change, to 
                    <E T="03">http://www.regulations.gov,</E>
                     including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this AD.
                </P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>We estimate that this AD affects 14 airplanes of U.S. registry. We estimate the following costs to comply with this AD:</P>
                <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s50,12C,12C,12C">
                    <TTITLE>Estimated Costs for Required Actions</TTITLE>
                    <BOXHD>
                        <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. 
                            <LI>operators</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">6 work-hours × $85 per hour = $510</ENT>
                        <ENT>$0</ENT>
                        <ENT>$510</ENT>
                        <ENT>$7,140</ENT>
                    </ROW>
                </GPOTABLE>
                <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s100,12C,12C">
                    <TTITLE>Estimated Costs for Optional Actions</TTITLE>
                    <BOXHD>
                        <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">16 work-hours × $85 per hour = $1,360</ENT>
                        <ENT>$8,900</ENT>
                        <ENT>$10,260</ENT>
                    </ROW>
                </GPOTABLE>
                <P>We estimate the following costs for the necessary on-condition action that would be required based on the results of any required actions. We have no way of determining the number of aircraft that might need this on-condition action:</P>
                <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s100,12,xs54">
                    <TTITLE>Estimated Costs of On-Condition Actions</TTITLE>
                    <BOXHD>
                        <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">Up to 8 work-hours × $85 per hour = $680</ENT>
                        <ENT>
                            <SU>*</SU>
                             $0
                        </ENT>
                        <ENT>Up to $680.</ENT>
                    </ROW>
                    <TNOTE>* We have received no definitive data that would enable us to provide parts cost estimates.</TNOTE>
                </GPOTABLE>
                  
                <P>According to the manufacturer, some or all of the costs of this AD may be covered under warranty, thereby reducing the cost impact on affected individuals. We do not control warranty coverage for affected individuals. As a result, we have included all known costs in our cost estimate.</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.
                    <PRTPAGE P="10261"/>
                </P>
                <P>We are issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: “General requirements.” Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
                <P>This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to transport category airplanes and associated appliances to the Director of the System Oversight Division.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>We determined that this AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</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. Is not a “significant rule” under the DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);</P>
                <P>3. Will not affect intrastate aviation in Alaska; and</P>
                <P>4. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</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">Adoption of 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 adding the following new airworthiness directive (AD):</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2019-05-09 Airbus SAS:</E>
                             Amendment 39-19591; Docket No. FAA-2019-0121; Product Identifier 2019-NM-025-AD.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This AD becomes effective April 4, 2019.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>None.</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to Airbus SAS Model A320-251N and -271N airplanes, and Model A321-253N airplanes, certificated in any category, as identified in European Aviation Safety Agency (EASA) AD 2019-0035, dated February 15, 2019 (“EASA AD 2019-0035”).</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Air Transport Association (ATA) of America Code 92, Electric and electronic common installation.</P>
                        <HD SOURCE="HD1">(e) Reason</HD>
                        <P>This AD was prompted by reports of low clearance between the electrical harness and nearby hydraulic pipes in the inboard trailing edge of the wing. We are issuing this AD to address this condition, which, if not detected and corrected, could lead to chafing of electrical harnesses in the vicinity of hydraulic pipes and could result in a potential source of ignition in the flammable fluid leakage zone, and possibly result in a fire or explosion and loss 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) Requirements</HD>
                        <P>Except as specified in paragraph (h) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2019-0035.</P>
                        <HD SOURCE="HD1">(h) Exceptions to EASA AD 2019-0035</HD>
                        <P>(1) For purposes of determining compliance with the requirements of this AD: Where EASA AD 2019-0035 refers to its effective date, this AD requires using the effective date of this AD.</P>
                        <P>(2) The “Remarks” section of EASA AD 2019-0035 does not apply to this AD.</P>
                        <P>(3) Where paragraph (4) of EASA AD 2019-0035 specifies to modify the airplane in accordance with Airbus Service Bulletin A320-29-1176, this AD does not require modification of the airplane, but this AD allows that modification as an optional terminating action for the required repetitive inspections.</P>
                        <P>(4) The provisions of paragraph (6) of EASA AD 2019-0035 are allowed in the optional modification specified in paragraph (h)(3) of this AD.</P>
                        <HD SOURCE="HD1">(i) No Reporting Requirement</HD>
                        <P>Although certain service information referenced in EASA AD 2019-0035 specifies to submit certain information to the manufacturer, this AD does not include that requirement.</P>
                        <HD SOURCE="HD1">(j) Other FAA AD Provisions</HD>
                        <P>The following provisions also apply to this AD:</P>
                        <P>
                            (1) 
                            <E T="03">Alternative Methods of Compliance (AMOCs):</E>
                             The Manager, International Section, Transport Standards Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the
                            <E T="03"/>
                             International Section, send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: 
                            <E T="03">9-ANM-116-AMOC-REQUESTS@faa.gov.</E>
                             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>
                        <P>
                            (2) 
                            <E T="03">Contacting the Manufacturer:</E>
                             For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.  
                        </P>
                        <P>
                            (3) 
                            <E T="03">Required for Compliance (RC):</E>
                             For any service information referenced in EASA AD 2019-0035 that contains RC procedures and tests: Except as required by paragraph (j)(2) of this AD, RC procedures and tests must be done to comply with this AD; any procedures or tests that are not identified as RC are recommended. Those procedures and tests that are not identified as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the procedures and tests identified as RC can be done and the airplane can be put back in an airworthy condition. Any substitutions or changes to procedures or tests identified as RC require approval of an AMOC.
                        </P>
                        <HD SOURCE="HD1">(k) Related Information</HD>
                        <P>For more information about this AD, contact Sanjay Ralhan, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3223.</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 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 this AD specifies otherwise.
                            <PRTPAGE P="10262"/>
                        </P>
                        <P>(i) European Aviation Safety Agency (EASA) AD 2019-0035, dated February 15, 2019.</P>
                        <P>(ii) [Reserved]</P>
                        <P>
                            (3) For EASA AD 2019-0035, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 89990 6017; email 
                            <E T="03">ADs@easa.europa.eu;</E>
                             Internet 
                            <E T="03">www.easa.europa.eu.</E>
                             You may find this EASA AD on the EASA website at 
                            <E T="03">https://ad.easa.europa.eu.</E>
                        </P>
                        <P>
                            (4) You may view this EASA AD at the FAA, Transport Standards Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. EASA AD 2019-0035 may be found in the AD docket on the internet at 
                            <E T="03">http://www.regulations.gov</E>
                             by searching for and locating Docket No. FAA-2019-0121.
                        </P>
                        <P>
                            (5) You may view this material that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: 
                            <E T="03">http://www.archives.gov/federal-register/cfr/ibr-locations.html.</E>
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued in Des Moines, Washington, on March 11, 2019.</DATED>
                    <NAME>Dionne Palermo,</NAME>
                    <TITLE>Acting Director, System Oversight Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05199 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Coast Guard</SUBAGY>
                <CFR>33 CFR Part 165</CFR>
                <DEPDOC>[Docket Number USCG-2019-0177]</DEPDOC>
                <RIN>RIN 1625-AA00</RIN>
                <SUBJECT>Safety Zone; Missouri River, Mile Markers 450-625, St. Joseph, MO to Omaha, NE</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Coast Guard, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Temporary final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Coast Guard is establishing a temporary safety zone on the navigable waters of the Missouri River from mile marker (MM) 450 to MM 625 between St. Joseph, MO and Omaha, NE. This action is necessary to provide for the safety of persons, vessels, and the marine environment on these navigable waters as a result of flooding on the river that has resulted in some reported levee failures and is threatening to overtop additional levees. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Upper Mississippi River (COTP) or a designated representative.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective without actual notice from March 20, 2019 until April 1, 2019, or until cancelled by the Captain of the Port Sector Upper Mississippi River, whichever occurs first. For the purposes of enforcement, actual notice will be provided from March 15, 2019 until March 20, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To view documents mentioned in this preamble as being available in the docket, go to 
                        <E T="03">https://www.regulations.gov,</E>
                         type USCG-2019-0177 in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rule.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        If you have questions on this rule, call or email Lieutenant Commander Christian Barger, Sector Upper Mississippi River Waterways Management Division, U.S. Coast Guard; telephone 314-269-2560, email 
                        <E T="03">Christian.J.Barger@uscg.mil.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">I. Table of Abbreviations</HD>
                <EXTRACT>
                    <FP SOURCE="FP-1">CFR Code of Federal Regulations</FP>
                    <FP SOURCE="FP-1">COTP Captain of the Port Sector Upper Mississippi River</FP>
                    <FP SOURCE="FP-1">DHS Department of Homeland Security</FP>
                    <FP SOURCE="FP-1">FR Federal Register</FP>
                    <FP SOURCE="FP-1">NPRM Notice of proposed rulemaking</FP>
                    <FP SOURCE="FP-1">§ Section</FP>
                    <FP SOURCE="FP-1">USACE United States Army Corps of Engineers</FP>
                    <FP SOURCE="FP-1">U.S.C. United States Code</FP>
                </EXTRACT>
                <HD SOURCE="HD1">II. Background Information and Regulatory History</HD>
                <P>The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. It is impracticable because we must establish this safety zone immediately and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing this rule. The NPRM process would delay the establishment of the safety zone and compromise public safety.</P>
                <P>
                    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the 
                    <E T="04">Federal Register</E>
                    . Delaying this rule would be contrary to public interest because immediate action is necessary to respond to the potential safety hazards associated with floodwaters threatening to overtop levees along the river.
                </P>
                <HD SOURCE="HD1">III. Legal Authority and Need for Rule</HD>
                <P>The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The COTP has determined that potential hazards associated with flood waters threaten to overtop levees along the river. The United States Army Corps of Engineers (USACE) Kansas City District has expressed concern that vessel traffic in the affected area could cause damage to the levees resulting in overtopping or failure. This rule is necessary to ensure the safety of persons, vessels, and the marine environment on these navigable waters due to the flood impacts to USACE levees.</P>
                <HD SOURCE="HD1">IV. Discussion of the Rule</HD>
                <P>On March 14, 2019, the USACE Kansas City District contacted the Coast Guard to report flood waters approaching the tops of levees along the Missouri River between Mile Marker (MM) 450 and MM 550 and requested a river closure to ensure the safety of persons, vessels, and the marine environment that would result if floodwaters overtop the levees. On March 15, 2019, the Plattsmouth Fire Department reported a levee break along the river and requested a river closure to MM 625 at Omaha, NE. This rule establishes a temporary safety zone from March 15, 2019 until April 1, 2019, or until cancelled by the Captain of the Port Sector Upper Mississippi River (COTP). The safety zone will be enforced on all navigable waters of the Missouri River from MM 450 to MM 625, unless reduced in scope by the COTP as flood conditions warrant.</P>
                <P>
                    No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG) assigned to units under the operational control of USCG Sector Upper Mississippi River. To seek permission to enter, contact the COTP or a designated representative via VHF-FM channel 16, or through USCG Sector Upper Mississippi River at 314-269-2332. Persons and vessels permitted to enter the safety zone must comply with all lawful orders or directions issued by the COTP or designated representative. The COTP or a designated representative will inform the public of the effective period for the safety zone as well as any changes in the dates and times of enforcement, as well as reductions in size of the safety zone as flood conditions improve, through 
                    <PRTPAGE P="10263"/>
                    Local Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs), as appropriate.
                </P>
                <HD SOURCE="HD1">V. Regulatory Analyses</HD>
                <P>We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors.</P>
                <HD SOURCE="HD2">A. Regulatory Planning and Review</HD>
                <P>Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771.</P>
                <P>This regulatory action determination is based on the emergency nature of the action and after consultation with representatives of the shipping industries that use this reach of river indicate that the many shipping companies have already made arrangements to avoid this area. Moreover, the Coast Guard will issue a BNM via VHF-FM marine channel 16 about the zone, and the rule allows vessels to seek permission to enter the zone on a case-by-case basis.</P>
                <HD SOURCE="HD2">B. Impact on Small Entities</HD>
                <P>The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.</P>
                <P>While some owners or operators of vessels intending to transit the temporary safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator.</P>
                <P>
                    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section.
                </P>
                <P>Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard.</P>
                <HD SOURCE="HD2">C. Collection of Information</HD>
                <P>This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).</P>
                <HD SOURCE="HD2">D. Federalism and Indian Tribal Governments</HD>
                <P>A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.</P>
                <P>
                    Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section above.
                </P>
                <HD SOURCE="HD2">E. Unfunded Mandates Reform Act</HD>
                <P>The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.</P>
                <HD SOURCE="HD2">F. Environment</HD>
                <P>
                    We have analyzed this rule under Department of Homeland Security Directive 023-01 and Commandant Instruction M16475.1D, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a temporary safety zone prohibiting entry on a one hundred mile stretch of the Missouri River that is experiencing significant flooding that is impacting levees. It is categorically excluded from further review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration supporting this determination will be made available in the docket where indicated under 
                    <E T="02">ADDRESSES</E>
                    .
                </P>
                <HD SOURCE="HD2">G. Protest Activities</HD>
                <P>
                    The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels.
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 33 CFR Part 165</HD>
                    <P>Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.</P>
                </LSTSUB>
                <P>For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS</HD>
                </PART>
                <REGTEXT TITLE="33" PART="165">
                    <AMDPAR>1. The authority citation for part 165 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>
                             46 U.S.C. 70034; 46 U.S.C. 70051; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 
                            <PRTPAGE P="10264"/>
                            160.5; Department of Homeland Security Delegation No. 0170.1. 
                        </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="33" PART="165">
                    <AMDPAR>2. Add § 165.T08-0177 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 165.T08-0177 </SECTNO>
                        <SUBJECT>Safety Zone; Missouri River, Mile Markers 450-625, St. Joseph, MO to Omaha, NE.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Location.</E>
                             The following area is a safety zone: All waters of the Missouri River from Mile Marker (MM) 450 to MM 625 This section will be enforced on all navigable waters of the Missouri River from MM 450 to MM 625, unless reduced in scope by the COTP as flood conditions warrant.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Effective period.</E>
                             This section is effective without actual notice from March 20, 2019 until April 1, 2019, or until cancelled by the Captain of the Port Sector Upper Mississippi River (COTP), whichever occurs first. For the purposes of enforcement, actual notice will be provided from March 15, 2019 until March 20, 2019.
                        </P>
                        <P>
                            (c) 
                            <E T="03">Regulations.</E>
                             (1) In accordance with the general safety zone regulations in § 165.23, entry of persons or vessels into this safety zone described in paragraph (a) of this section is prohibited unless authorized by the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard (USCG) assigned to units under the operational control of USCG Sector Upper Mississippi River.
                        </P>
                        <P>(2) To seek permission to enter, contact the COTP or a designated representative via VHF-FM channel 16, or through USCG Sector Upper Mississippi River at 314-269-2332. Persons and vessels permitted to enter the safety zone must comply with all lawful orders or directions issued by the COTP or designated representative.</P>
                        <P>
                            (d) 
                            <E T="03">Informational broadcasts.</E>
                             The COTP or a designated representative will inform the public of the effective period for the safety zone as well as any changes in the dates and times of enforcement, as well as reductions in size of the safety zone as flood conditions improve, through Local Notice to Mariners (LNMs), Broadcast Notices to Mariners (BNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate.
                        </P>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>R.M. Scott,</NAME>
                    <TITLE>Commander, U.S. Coast Guard, Acting Captain of the Port Sector Upper Mississippi River.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05300 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 9110-04-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 52</CFR>
                <DEPDOC>[EPA-R01-OAR-2018-0790; FRL-9990-94-Region 1]</DEPDOC>
                <SUBJECT>Air Plan Approval; Massachusetts; High Occupancy Vehicle Lanes</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 approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Massachusetts. This revision provides for the Massachusetts Department of Transportation (MassDOT) to construct and operate specified transit facilities and high occupancy vehicle (HOV) lanes established therein. Implementation and continued monitoring of these projects will help reduce the use of automobiles and improve traffic operations on the region's roadways, resulting in improved air quality. This action will have a beneficial effect on air quality because it is intended to reduce vehicle miles traveled (VMT) and traffic congestion in the Boston Metropolitan Area. Massachusetts has adopted these revisions to reduce emissions of volatile organic compounds (VOC), particulate matter (PM), and nitrogen oxides (NO
                        <E T="52">X</E>
                        ). This action is being taken under the Clean Air Act.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective on April 19, 2019.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2018-0790. 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">i.e.,</E>
                         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 at 
                        <E T="03">https://www.regulations.gov</E>
                         or at the U.S. Environmental Protection Agency, EPA Region 1 Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square—Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Eric Rackauskas, Air Quality Unit, U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office Square—Suite 100, (Mail code OEP05-2), Boston, MA 02109-3912, tel. (617) 918-1628, email 
                        <E T="03">rackauskas.eric@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA.</P>
                <HD SOURCE="HD1">Table of Contents</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. Background and Purpose</FP>
                    <FP SOURCE="FP-2">II. Final Action</FP>
                    <FP SOURCE="FP-2">III. Incorporation by Reference</FP>
                    <FP SOURCE="FP-2">IV. Statutory and Executive Order Reviews</FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. Background and Purpose</HD>
                <P>On December 17, 2018 (83 FR 64495), EPA published a notice of proposed rulemaking (NPRM) for the Commonwealth of Massachusetts. The NPRM proposed approval of amendments to Massachusetts' 310 CMR 7.37: High Occupancy Vehicle Lanes. The amended 310 CMR 7.37 contains added definitions, revised due dates for certain requirements, minor technical amendments, and clarifying language. The regulation is designed to reduce the use of automobiles in the Metropolitan Boston Area, and to improve traffic operations on the region's roadways. Reducing the number of vehicles on the road and easing traffic conditions on major highways will result in a reduction of vehicle miles traveled (VMT) which eases traffic congestion and will lead to improved air quality by lowering mobile source emissions.</P>
                <P>A detailed discussion of Massachusetts' SIP revision and the rationale for EPA's proposed action are explained in the NPRM and will not be restated here. EPA received several comments supportive of HOV lanes and encouraging Massachusetts to add even more HOV lanes outside of the Greater Boston Area. One commenter questioned whether the regulation contained requirements for only HOV studies rather than the construction and implementation of HOV lanes. The rulemaking does contain language requiring the implementation of several HOV lanes, which have been constructed and are currently in use by MassDOT. EPA received no adverse comments.</P>
                <HD SOURCE="HD1">II. Final Action</HD>
                <P>
                    EPA is approving, and incorporating into the Massachusetts SIP, the revised regulation 310 CMR 7.37, High Occupancy Vehicle Lanes. This 
                    <PRTPAGE P="10265"/>
                    regulation was submitted to EPA on July 9, 1996. This updated regulation includes technical amendments and date clarifications to the previous SIP-approved version of 310 CMR 7.37, which was originally approved on October 4, 1994 (59 FR 50495). EPA is approving 310 CMR 7.37 into the Massachusetts SIP because EPA has found that the requirements are consistent with the CAA.
                </P>
                <HD SOURCE="HD1">III. 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 the Massachusetts regulations described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available through 
                    <E T="03">https://www.regulations.gov</E>
                     and at the EPA Region 1 Office (please contact the person identified in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         62 FR 27968 (May 22, 1997).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. 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, 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);</P>
                <P>• This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866;</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 an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);</P>
                <P>• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);</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; and</P>
                <P>• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).</P>
                <P>In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).</P>
                <P>
                    The Congressional Review Act, 5 U.S.C. 801 
                    <E T="03">et seq.,</E>
                     as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the 
                    <E T="04">Federal Register</E>
                    . A major rule cannot take effect until 60 days after it is published in the 
                    <E T="04">Federal Register</E>
                    . 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 20, 2019. 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.</P>
                </LSTSUB>
                <SIG>
                    <DATED>Dated: March 11, 2019.</DATED>
                    <NAME>Deborah Szaro,</NAME>
                    <TITLE>Acting Regional Administrator, EPA Region 1.</TITLE>
                </SIG>
                <P>Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended 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 W—Massachusetts</HD>
                </SUBPART>
                <REGTEXT TITLE="40" PART="52">
                    <AMDPAR>2. In § 52.1120(c), amend the table by revising the entry “310 CMR 7.37” to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 52.1120 </SECTNO>
                        <SUBJECT>Identification of plan.</SUBJECT>
                        <STARS/>
                        <P>
                            (c) * * *
                            <PRTPAGE P="10266"/>
                        </P>
                        <GPOTABLE COLS="5" OPTS="L1,i1" CDEF="xs60,r50,12,r50,r50">
                            <TTITLE>EPA-Approved Massachusetts Regulations</TTITLE>
                            <BOXHD>
                                <CHED H="1">State citation</CHED>
                                <CHED H="1">Title/subject</CHED>
                                <CHED H="1">
                                    State 
                                    <LI>effective </LI>
                                    <LI>date</LI>
                                </CHED>
                                <CHED H="1">
                                    EPA approval date 
                                    <SU>1</SU>
                                </CHED>
                                <CHED H="1">Explanations</CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">310 CMR 7.37</ENT>
                                <ENT>High Occupancy Vehicle Lanes</ENT>
                                <ENT>4/5/1996</ENT>
                                <ENT>
                                    3/20/2019, [Insert 
                                    <E T="02">Federal Register</E>
                                     citation]
                                </ENT>
                                <ENT>Technical revisions to SIP approved regulation.</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                            <TNOTE>
                                <SU>1</SU>
                                 To determine the EPA effective date for a specific provision listed in this table, consult the 
                                <E T="02">Federal Register</E>
                                 notice cited in this column for the particular provision.
                            </TNOTE>
                        </GPOTABLE>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-04874 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 6560-50-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
                <CFR>47 CFR Part 64</CFR>
                <DEPDOC>[CG Docket Nos. 02-278, 05-338; DA 18-1159]</DEPDOC>
                <SUBJECT>Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991: Regarding the Commission's Opt-Out Notice Requirement for Faxes Sent With the Recipient's Prior Express Permission</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Communications Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In this document, the Commission, via the Consumer and Governmental Affairs Bureau (CGB or Bureau), amends its rules by eliminating the rule that requires an opt-out notice on fax advertisements sent with the recipient's prior express permission or consent. This rule was declared unlawful by the United States Court of Appeals for the D.C. Circuit and therefore its elimination is warranted to ensure uniform and consistent application of the rules.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective March 20, 2019.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Rebecca A. Hirselj, Consumer Policy Division, CGB, at (202) 418-7603, email: 
                        <E T="03">Rebecca.Hirselj@fcc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    This is a summary of the Commission's Order (
                    <E T="03">Order),</E>
                     in CG Docket Nos. 02-278, 05-338; DA 18-1159, adopted on November 14, 2018 and released on November 14, 2018. The full text of the 
                    <E T="03">Order</E>
                     is available for public inspection and copying via ECFS, and during regular business hours at the FCC Reference Information Center, Portals II, 445 12th Street SW, Room CY-A257, Washington, DC 20554. The full text of the 
                    <E T="03">Orde</E>
                    r and any subsequently filed documents in this matter may also be found by searching ECFS at: 
                    <E T="03">http://apps.fcc.gov/ecfs/</E>
                     (insert CG Docket Nos. 02-278 and/or 05-338 into the Proceeding block). To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to 
                    <E T="03">fcc504@fcc.gov</E>
                     or call CGB at (202) 418-0530 (voice), (202) 418-0432 (TTY) or (844) 432-2275 (videophone).
                </P>
                <HD SOURCE="HD1">Final Paperwork Reduction Act of 1995 Analysis</HD>
                <P>
                    The 
                    <E T="03">Order</E>
                     does not contain any new or modified information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 
                    <E T="03">see</E>
                     44 U.S.C. 3506(c)(4).
                </P>
                <HD SOURCE="HD1">Congressional Review Act</HD>
                <P>
                    The Commission sent a copy of 
                    <E T="03">Order</E>
                     to Congress and the Government Accountability Office pursuant to the Congressional Review Act, 
                    <E T="03">see</E>
                     5 U.S.C. 801(a)(1)(A).
                </P>
                <HD SOURCE="HD1">Synopsis</HD>
                <P>
                    1. In the 
                    <E T="03">Order,</E>
                     the Bureau eliminates the Commission's 2006 Solicited Fax Rule requiring opt-out notices on faxes sent with the recipients' prior permission or consent. This action is taken in response to the decision of the United States Court of Appeals for the D.C. Circuit finding that the rule is unlawful to the extent that it requires opt out notices on solicited faxes. The Bureau also dismissed as moot ten pending petitions for retroactive waiver of the rule and two petitions for reconsideration of orders enforcing the rule.
                </P>
                <P>2. In 1991, Congress enacted the Telephone Consumer Protection Act (TCPA). In relevant part, the TCPA prohibits the use of any telephone facsimile (fax) machine, computer, or other device to send an unsolicited advertisement to a telephone fax machine. In 1992, the Commission adopted rules implementing the TCPA, including restrictions on the transmission of unsolicited fax ads.</P>
                <P>3. In 2005, Congress enacted the Junk Fax Prevention Act, which amended the fax advertising provisions of the TCPA. Among other things, the law required the sender of an unsolicited fax ad to provide specified notice and contact information on the fax that allows recipients to opt out of any future fax transmission from the sender and specified the circumstances under which a request to opt out complies with the Act.</P>
                <P>4. In 2006, the Commission adopted the Junk Fax Order, published at 71 FR 25967, May 3, 2006, amending the rules concerning fax transmissions as required by the Junk Fax Prevention Act. As part of the Junk Fax Order, the Commission adopted the 2006 Solicited Fax Rule requiring that fax advertisements sent to a recipient that has provided prior express invitation or permission to the sender must include an opt-out notice.</P>
                <HD SOURCE="HD1">Discussion</HD>
                <P>
                    5. The Bureau eliminates the Commission's 2006 rule requiring opt-out notices on fax advertisements sent with the recipient's prior express permission or consent. Specifically, in light of the court's decision that the rule is unlawful, § 64.1200(a)(4)(iv) of the Commission's rules is eliminated from Title 47 of the Code of Federal Regulations. The Bureau finds good cause to eliminate the rule without notice and comment because the rule has been vacated by the court in an order that has become final and nonreviewable. As such, seeking notice and comment before implementing the court's non-discretionary mandate would serve no purpose and is thus contrary to the public interest.
                    <PRTPAGE P="10267"/>
                </P>
                <P>6. The Bureau also dismisses as moot ten pending petitions for retroactive waiver as well as the two pending petitions for reconsideration. The Court of Appeals for the D.C. Circuit declared unlawful and vacated the 2006 Solicited Fax Rule and the Bureau accordingly eliminated the rule as described above. Therefore, the Bureau finds no need to consider the remaining pending petitions seeking temporary waiver of the rule or seeking reconsideration of the Commission's application of the rule.</P>
                <HD SOURCE="HD1">Ordering Clauses</HD>
                <P>
                    7. Pursuant to sections 4(i), 4(j), and 227 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), (j), 227, and the authority delegated in §§ 0.141 and 0.361 of the Commission's rules, 47 CFR 0.141, 0.361, that the 
                    <E T="03">Order</E>
                     is adopted and that § 64.1200 of the Commission's rules, 47 CFR 64.1200 is amended.
                </P>
                <P>8. Pursuant to sections 4(i), 4(j), and 227 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), (j), and 227, and § 1.3 off the Commission's rules, 47 CFR 1.3, and the authority delegated in §§ 0.141 and 0.361 of the Commission's rules, 47 CFR 0.141, 0.361, that the petitions for retroactive waiver of § 64.1200(a)(4)(iv) of the Commission's rules, 47 CFR 64.1200(a)(4)iv), filed by Safemark Systems, LP, Cynosure, Inc., United Auto Credit Corporation, Brigadoon Fitness Inc. and Brigadoon Financial Inc., Renue Systems Development Corp., Inc., et al., Chester Limited, Inc., Foot Levelers, Inc., M3 USA Corporation, Lane Labs-USA, Inc, and Getaway Seminars, Inc. are dismissed as moot.</P>
                <P>9. Pursuant to sections 4(i), 4(j), and 227 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), (j), and 227, and § 1.3 of the Commission's rules, 47 CFR 1.3, and the authority delegated in § § 0.141 and 0.361 of the rules, 47 CFR 0.141, 0.361, that the petitions for reconsideration filed by Fetch, Inc., d/b/a Petplan and Ohio National Mutual, Inc., are dismissed as moot.</P>
                <P>
                    10. CGB's Reference Information Center, shall send a copy of the 
                    <E T="03">Order,</E>
                     including the Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.
                </P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 47 CFR Part 64</HD>
                    <P>Telecommunications, Telephone, Facsimile.</P>
                </LSTSUB>
                <SIG>
                    <FP>Federal Communications Commission.</FP>
                    <NAME>Daniel Margolis,</NAME>
                    <TITLE>Acting Legal Advisor, Consumer &amp; Governmental Affairs Bureau.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Final Rules</HD>
                <P>For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 64 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 64—MISCELLANEOUS RULES RELATING TO COMMON CARRIERS</HD>
                </PART>
                <REGTEXT TITLE="47" PART="64">
                    <AMDPAR>1. The authority citation for part 64 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 47 U.S.C. 154, 201, 202, 217, 218, 220, 222, 225, 226, 227, 228, 251(a), 251(e), 254(k), 262, 403(b)(2)(B), (c), 616, 620, 1401-1473, unless otherwise noted.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 64.1200</SECTNO>
                    <SUBJECT> [Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="47" PART="64">
                    <AMDPAR>2. In § 64.1200:</AMDPAR>
                    <AMDPAR>a. Remove paragraphs (a)(4)(iv); and</AMDPAR>
                    <AMDPAR>b. Redesignate paragraphs (a)(4)(v), (vi), and (vii) as paragraphs (a)(4)(iv), (v), and (vi), respectively.</AMDPAR>
                </REGTEXT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05276 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 6712-01-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <CFR>50 CFR Part 648</CFR>
                <DEPDOC>[Docket No. 190213108-9232-01]</DEPDOC>
                <RIN>RIN 0648-XG820-X</RIN>
                <SUBJECT>Fisheries of the Northeastern United States; Monkfish Fishery; 2019 Monkfish Specifications</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>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>We are implementing specifications for the 2019 monkfish fishery. This action is necessary to ensure allowable monkfish harvest levels that will prevent overfishing and allow harvesting of optimum yield. This action is intended to establish the allowable 2019 harvest levels, consistent with the Monkfish Fishery Management Plan and previously announced multi-year specifications.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The final specifications for the 2019 monkfish fishery are effective May 1, 2019, through April 30, 2020.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Allison Murphy, Fishery Policy Analyst, (978) 281-9122.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The New England and Mid-Atlantic Fishery Management Councils jointly manage the monkfish fishery. The fishery is divided into Northern and Southern Fishery Management Areas and there are different management measures for each area. Primary effort controls include a yearly allocation of days-at-sea (DAS) and landing limits that are designed to enable the fishery to catch, but not exceed, its annual quotas. This action would continue the 2017-2019 specifications approved by the Councils in Framework Adjustment 10 to the Monkfish Fishery Management Plan.</P>
                <P>On July 12, 2017, we approved measures in Framework 10 for the 2017 fishing year (82 FR 32145), based on a recent stock assessment update and consistent with the Councils' Scientific and Statistical Committee recommendations. At that time, we also approved the projected specifications for 2018 and 2019. Final 2019 total allowable landings in both the Northern and Southern Fishery Management Areas are summarized in Table 1. These 2019 measures are the same as those implemented in 2017 and 2018. All other requirements remain the same.</P>
                <GPOTABLE COLS="2" OPTS="L2,i1" CDEF="s25,12">
                    <TTITLE>Table 1—Monkfish Specifications for Fishing Year 2019</TTITLE>
                    <BOXHD>
                        <CHED H="1">Management area</CHED>
                        <CHED H="1">
                            Total allowable landings
                            <LI>(mt)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Northern Fishery Management Area</ENT>
                        <ENT>6,338</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Southern Fishery Management Area</ENT>
                        <ENT>9,011</ENT>
                    </ROW>
                </GPOTABLE>
                <P>We have reviewed available 2018 fishery information against the 2019 specifications and we do not expect that the 2018 annual catch limit will be exceeded. Further, there is no new biological information that would require altering the projected 2019 specifications. Neither Council has recommended any changes to the previous multi-year specifications. Based on this, we are implementing the 2019 specifications as outlined in the Framework 10 final rule (82 FR 32145, July 12, 2017). The 2019 specifications will be effective until April 30, 2020. This is the final year of these specifications and new specifications will be developed by the Councils for 2020 through 2022.</P>
                <HD SOURCE="HD1">Classification</HD>
                <P>
                    The NMFS Assistant Administrator has determined that this final rule is consistent with the Monkfish Fishery Management Plan, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable law.
                    <PRTPAGE P="10268"/>
                </P>
                <P>This rule is exempt from review under Executive Order 12866.</P>
                <P>Pursuant to 5 U.S.C. 553(b)(B), we find good cause to waive prior public notice and opportunity for public comment on the catch limit and allocation adjustments because allowing time for notice and comment is unnecessary. The Framework 10 proposed rule provided the public with the opportunity to comment on the 2017-2019 specifications (82 FR 21498, May 9, 2017). While comments in the Framework 10 final rule were mixed on whether limits should be liberalized or made more restrictive, no comments were received on the announced 2019 specifications. Thus, the proposed and final rules that contained the projected 2017-2019 specifications provided a full opportunity for the public to comment on the substance and process of this action. Furthermore, no circumstances or conditions have changed in the 2018 monkfish fishery that would cause new concern or necessitate reopening the comment period. Finally, the final 2019 specifications being implemented by this rule are unchanged from those projected in the Framework 10 final rule.</P>
                <P>
                    The Chief Counsel for Regulation, Department of Commerce, previously certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that the 2017-2019 monkfish specifications would not have a significant economic impact on a substantial number of small entities. Implementing status quo specifications for 2019 will not change the conclusions drawn in that previous certification to the SBA. Because advance notice and the opportunity for public comment are not required for this action under the Administrative Procedure Act, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, 
                    <E T="03">et seq.,</E>
                     do not apply to this rule. Therefore, no new regulatory flexibility analysis is required and none has been prepared.
                </P>
                <P>This action does not contain a collection of information requirement for the purposes of the Paperwork Reduction Act.</P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>
                         16 U.S.C. 1801 
                        <E T="03">et seq.</E>
                    </P>
                </AUTH>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>Samuel D. Rauch III,</NAME>
                    <TITLE>Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05283 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 3510-22-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <CFR>50 CFR Part 679</CFR>
                <DEPDOC>[Docket No. 170817779-8161-02]</DEPDOC>
                <RIN>RIN 0648-XG901</RIN>
                <SUBJECT>Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area</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>Temporary rule; closure.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2019 Pacific cod total allowable catch allocated to catcher vessels using trawl gear in the BSAI.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective 1200 hours, Alaska local time (A.l.t.), March 16, 2019, through 1200 hours, A.l.t., April 1, 2019.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Josh Keaton, 907-586-7228.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.</P>
                <P>The A season apportionment of the 2019 Pacific cod total allowable catch (TAC) allocated to catcher vessels using trawl gear in the BSAI is 26,388 metric tons (mt) as established by the final 2019 and 2020 harvest specifications for groundfish in the BSAI (84 FR 9000, March 13, 2019).</P>
                <P>In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the A season apportionment of the 2019 Pacific cod TAC allocated to trawl catcher vessels in the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 24,000 mt and is setting aside the remaining 2,388 mt as incidental catch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the BSAI.</P>
                <P>While this closure is effective the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip.</P>
                <HD SOURCE="HD1">Classification</HD>
                <P>This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of directed fishing for Pacific cod by catcher vessels using trawl gear in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 14, 2019.</P>
                <P>The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.</P>
                <P>This action is required by § 679.20 and is exempt from review under Executive Order 12866.</P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>
                        16 U.S.C. 1801 
                        <E T="03">et seq.</E>
                    </P>
                </AUTH>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>Karen H. Abrams,</NAME>
                    <TITLE>Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05284 Filed 3-15-19; 4:15 pm]</FRDOC>
            <BILCOD> BILLING CODE 3510-22-P</BILCOD>
        </RULE>
    </RULES>
    <VOL>84</VOL>
    <NO>54</NO>
    <DATE>Wednesday, March 20, 2019</DATE>
    <UNITNAME>Proposed Rules</UNITNAME>
    <PRORULES>
        <PRORULE>
            <PREAMB>
                <PRTPAGE P="10269"/>
                <AGENCY TYPE="F">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <CFR>10 CFR Part 73</CFR>
                <DEPDOC>[NRC-2014-0118]</DEPDOC>
                <RIN>RIN 3150-AJ41</RIN>
                <SUBJECT>Enhanced Security of Special Nuclear Material</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Revised regulatory basis; extension of comment period.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>On March 1, 2019, the U.S. Nuclear Regulatory Commission (NRC) requested comments on a draft revised regulatory basis to support a rulemaking that would update special nuclear material physical protection requirements, including those applicable to fuel cycle facilities. The public comment period originally was scheduled to close on April 1, 2019. The NRC has decided to extend the public comment period to allow members of the public more time to develop and submit their comments.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The due date of comments requested in the document published on March 1, 2019 (84 FR 6980) is extended. Comments should be filed no later than April 19, 2019. Comments received after this date will be considered, if it is practical to do so, but the NRC 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:</P>
                    <P>
                        • 
                        <E T="03">Federal Rulemaking Website:</E>
                         Go to 
                        <E T="03">http://www.regulations.gov</E>
                         and search for Docket ID NRC-2014-0118. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: 
                        <E T="03">Carol.Gallagher@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">Email comments to: Rulemaking.Comments@nrc.gov.</E>
                         If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax comments to:</E>
                         Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail comments to:</E>
                         Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand deliver comments to:</E>
                         11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301-415-1677.
                    </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>
                        Timothy Harris, Office of Nuclear Security and Incident Response, telephone: 301-287-3594, email: 
                        <E T="03">Timothy.Harris@nrc.gov;</E>
                         or Edward Lohr, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-0253, email: 
                        <E T="03">Edward.Lohr@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-2014-0118 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">http://www.regulations.gov</E>
                     and search for Docket ID NRC-2014-0118.
                </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">http://www.nrc.gov/reading-rm/adams.html.</E>
                     To begin the search, select “
                    <E T="03">Begin Web-based ADAMS Search.”</E>
                     For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to 
                    <E T="03">pdr.resource@nrc.gov.</E>
                </P>
                <P>
                    • 
                    <E T="03">NRC's PDR:</E>
                     You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
                </P>
                <HD SOURCE="HD2">B. Submitting Comments</HD>
                <P>Please include Docket ID NRC-2014-0118 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">http://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. Discussion</HD>
                <P>
                    On March 1, 2019, the NRC published a document in the 
                    <E T="04">Federal Register</E>
                     (84 FR 6980) requesting comments on a draft revised regulatory basis to support a rulemaking that would update special nuclear material physical protection requirements, including those applicable to fuel cycle facilities. The public comment period was originally scheduled to close on April 1, 2019. By letter dated March 11, 2019 (ADAMS Accession No. ML19071A014), the Nuclear Energy Institute requested that the NRC extend the deadline to comment by 18 days, to allow time to develop and submit comments after a scheduled public meeting on April 3, 2019, related to generic fuel cycle regulatory initiatives, including this rulemaking. The NRC is granting this request and will extend the public comment period until April 19, 2019, to allow members of the public more time to submit their comments.
                </P>
                <SIG>
                    <DATED>Dated at Rockville, Maryland, this 15th day of March, 2019.</DATED>
                    <PRTPAGE P="10270"/>
                    <FP>For the Nuclear Regulatory Commission.</FP>
                    <NAME>Theresa V. Clark, </NAME>
                    <TITLE>Deputy Director, Division of Rulemaking, Office of Nuclear Material Safety and Safeguards.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05261 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7590-01-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
                <SUBAGY>Office of the Comptroller of the Currency</SUBAGY>
                <CFR>12 CFR Part 8</CFR>
                <DEPDOC>[Docket No. OCC-2018-0039]</DEPDOC>
                <RIN>RIN 1557-AE58</RIN>
                <SUBJECT>Assessment of Fees</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Comptroller of the Currency, Treasury.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of proposed rulemaking.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Office of the Comptroller of the Currency (OCC) proposes to revise its assessment rules to provide partial assessment refunds to national banks, Federal savings associations, and Federal branches and agencies of foreign banks (collectively, banks under OCC jurisdiction) that exit OCC jurisdiction within the first half of each six-month period beginning the day after the date of the second or fourth quarterly Consolidated Report of Condition and Income (Call Report). The proposed rule would not change the current dates of collection for assessments nor would it change the way in which assessments are calculated for banks that remain under the OCC's supervision. The proposed rule would also make technical changes to the assessments rules.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received by April 19, 2019.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments to the OCC by any of the methods set forth below. Commenters are encouraged to submit comments through the Federal eRulemaking Portal or email, if possible. Please use the title “Assessment of Fees” to facilitate the organization and distribution of the comments. You may submit comments by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal—“Regulations.gov”:</E>
                         Go to 
                        <E T="03">www.regulations.gov</E>
                        . Enter “Docket ID OCC-2018-0039” in the Search Box and click “Search.” Click on “Comment Now” to submit public comments. Click on the “Help” tab on the 
                        <E T="03">Regulations.gov</E>
                         home page to get information on using 
                        <E T="03">Regulations.gov</E>
                        , including instructions for submitting public comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Email: regs.comments@occ.treas.gov</E>
                        .
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW, Suite 3E-218, Washington, DC 20219.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery/Courier:</E>
                         400 7th Street SW, Suite 3E-218, Washington, DC 20219.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         (571) 465-4326.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         You must include “OCC” as the agency name and “Docket ID OCC-2018-0039” in your comment. In general, the OCC will enter all comments received into the docket and publish the comments on the 
                        <E T="03">Regulations.gov</E>
                         website without change, including any business or personal information that you provide such as name and address information, email addresses, or phone numbers. Comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not include any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure.
                    </P>
                    <P>You may review comments and other related materials that pertain to this rulemaking action by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Viewing Comments Electronically:</E>
                         Go to 
                        <E T="03">www.regulations.gov.</E>
                         Enter “Docket ID OCC-2018-0039” in the Search box and click “Search.” Click on “Open Docket Folder” on the right side of the screen. Comments and supporting materials can be viewed and filtered by clicking on “View all documents and comments in this docket” and then using the filtering tools on the left side of the screen. Click on the “Help” tab on the 
                        <E T="03">Regulations.gov</E>
                         home page to get information on using 
                        <E T="03">Regulations.gov</E>
                        . The docket may be viewed after the close of the comment period in the same manner as during the comment period.
                    </P>
                    <P>
                        • 
                        <E T="03">Viewing Comments Personally:</E>
                         You may personally inspect comments at the OCC, 400 7th Street SW, Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 649-6700 or, for persons who are deaf or hearing impaired, TTY, (202) 649-5597. Upon arrival, visitors will be required to present valid government-issued photo identification and submit to security screening in order to inspect comments.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Deborah Thomas, AT Team Lead, Financial Management, (202) 649-5540; or Mitchell Plave, Special Counsel, Office of the Chief Counsel, (202) 649-5490; or for persons who are deaf or hearing impaired, TTY, (202) 649-5597, 400 7th Street SW, Washington, DC 20219.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>
                    The National Bank Act 
                    <SU>1</SU>
                    <FTREF/>
                     and the Home Owners' Loan Act 
                    <SU>2</SU>
                    <FTREF/>
                     authorize the Comptroller to fund the OCC's operations through assessments, fees, and other charges on banks.
                    <SU>3</SU>
                    <FTREF/>
                     In setting assessments, the Comptroller has broad authority to consider variations among institutions, including the nature and scope of the activities of the entity, the amount and type of assets that the entity holds, the financial and managerial condition of the entity, and any other factor the Comptroller determines is appropriate.
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Revised Statutes of the United States, Title LXII, 12 U.S.C. 1 
                        <E T="03">et seq.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         The Home Owners' Loan Act, 12 U.S.C. 1461 
                        <E T="03">et seq.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         12 U.S.C. 16, 481, 482, 1467.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         12 U.S.C. 16. 
                        <E T="03">See also</E>
                         12 U.S.C. 1467 (providing that the Comptroller has the authority to recover costs of examination of Federal savings associations “as the Comptroller deems necessary or appropriate”).
                    </P>
                </FTNT>
                <P>
                    The OCC collects assessments from banks in accordance with 12 CFR part 8. Under part 8, the base assessment for banks is calculated using a table with eleven categories, or brackets, each of which comprises a range of asset-size values. The assessment for each bank is the sum of a base amount, which is the same for every bank in its asset-size bracket, plus a marginal amount, which is computed by applying a marginal assessment rate to the amount in excess of the lower boundary of the asset-size bracket.
                    <SU>5</SU>
                    <FTREF/>
                     The marginal assessment rate declines as asset size increases, reflecting economies of scale in bank examination and supervision.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         12 CFR 8.2(a). Only the total domestic assets of Federal branches and agencies are subject to assessment. 12 CFR 8.2(b)(2).
                    </P>
                </FTNT>
                <P>
                    The OCC's annual Notice of Office of the Comptroller of the Currency Fees and Assessments (Notice of Fees) sets forth the marginal assessment rates applicable to each asset-size bracket for each year, as well as other assessment components and fees. Under part 8, the OCC may adjust the marginal rates to account for inflation through the annual Notice of Fees.
                    <SU>6</SU>
                    <FTREF/>
                     The OCC also has the discretion under part 8 to adjust marginal rates by amounts other than inflation.
                    <SU>7</SU>
                    <FTREF/>
                     The OCC may issue an interim or amended Notice of Fees if the Comptroller determines that it is 
                    <PRTPAGE P="10271"/>
                    necessary to revise assessments to meet the OCC's supervisory obligations.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         12 CFR 8.2(a)(4).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         12 CFR 8.8(b).
                    </P>
                </FTNT>
                <P>
                    Under 12 CFR 8.2, the OCC collects assessments on a semiannual basis, with fees due by March 31 and September 30 of each year for the six-month period beginning on January 1 and July 1 before each payment date.
                    <SU>9</SU>
                    <FTREF/>
                     Under this schedule, banks pay half of the semiannual assessment prospectively and half retrospectively. This schedule for collection of assessments was adopted in 2005, when the OCC issued a rule to streamline the assessments billing process.
                    <SU>10</SU>
                    <FTREF/>
                     Between 1976, when the OCC adopted the marginal assessments structure, and 2005, the OCC collected assessments prospectively for five months and retrospectively for one month.
                    <SU>11</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         12 CFR 8.2(a) and 8.2(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         70 FR 69641 (Nov. 17, 2005).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         41 FR 3285 (Jan. 22, 1976).
                    </P>
                </FTNT>
                <P>
                    Under 12 CFR 8.2(a)(5) and (b)(3), each bank subject to the jurisdiction of the OCC on the date of the second or fourth quarterly Call Report is subject to the full assessment for the next six-month period. As noted in the Notice of Fees for 2018,
                    <SU>12</SU>
                    <FTREF/>
                     only those institutions leaving OCC jurisdiction before the close of business on those dates avoid paying the semiannual assessment for the period beginning January 1 or July 1, as applicable.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         OCC Bulletin 2017-60 (Office the Comptroller of the Currency Fees and Assessments).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Proposed Changes</HD>
                <HD SOURCE="HD2">Assessment Refunds</HD>
                <P>
                    Under the current assessments structure, banks that are subject to the jurisdiction of the OCC on the last day of the six-month period ending on December 31 or June 30 are subject to the full assessment for the next six-month period beginning January 1 or July 1, with payment due March 31 or September 30, as appropriate.
                    <SU>13</SU>
                    <FTREF/>
                     Under the proposed rule, banks that leave OCC jurisdiction by the appropriate payment due date would receive a refund of assessments for the second three months of the semiannual assessment period. For example, a bank that was subject to the jurisdiction of the OCC as of December 31 would receive a refund of assessments for the second three months of the semiannual assessment period beginning January 1 if it leaves OCC jurisdiction by March 31.
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         12 CFR 8.2(a) and 8.2(b).
                    </P>
                </FTNT>
                <P>The proposed rule is intended to eliminate the requirement that banks prospectively pay for one half of each assessment period after they no longer are subject to the jurisdiction of the OCC by setting the refund equal to the prospective portion of the assessment. Under the current rule, the payment due date effectively divides each six-month period into two three-month periods, and a bank subject to the jurisdiction of the OCC on the date of the applicable Call Report (December 31 or June 30) must pay the full assessment on the payment due date of the semiannual assessment (March 31 and September 30) even if it has left OCC jurisdiction by that date. This structure can result in banks prospectively paying assessment fees for three-month periods during which they are not subject to the jurisdiction of the OCC at any time. The proposed rule would maintain semiannual payments, but provide refunds equal to the prospective half of the assessment to banks that leave the jurisdiction of the OCC between the date of the applicable Call Report and the date of collection. In doing so, the proposed rule would assess a bank to cover only any three-month period during which it was subject to the jurisdiction of the OCC.</P>
                <HD SOURCE="HD2">Technical and Conforming Amendments</HD>
                <P>
                    The proposed rule also includes technical and conforming amendments. These are intended to reduce ambiguity and further consistent terminology throughout 12 CFR part 8. The first change would amend §§ 8.5(d) and 8.6(c)(1)(iii) concerning the condition surcharge to replace the phrase “at its most recent examination” with the phrase “prior to December 31 or June 30, as appropriate.” This change would clarify that the condition surcharge is calculated in tandem with the OCC's calculation of other assessment components based on Call Report information as of December 31 and June 30 of each year.
                    <SU>14</SU>
                    <FTREF/>
                     This amendment to the rule would not change the OCC's current practice of calculating a bank's surcharge as of its most recent ratings prior to December 31 and June 30, as appropriate. Under this policy, surcharges are neither raised nor lowered between December 31 and June 30, as appropriate, and the collection dates of March 31 and September 30, as appropriate.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See</E>
                         OCC Bulletin 2017-60 (Office the Comptroller of the Currency Fees and Assessments) (describing the process for calculating assessments).
                    </P>
                </FTNT>
                <P>The second change would make several revisions to 12 CFR 8.7 concerning interest on delinquent assessments and fees and refunds in the case of an error or miscalculation of assessments or fees. First, it would add the prefatory clause, “Within 30 calendar days of receipt of such notice, the OCC shall either—” at § 8.7(b)(1). This clause was originally included at § 8.7(b) as introductory text and was inadvertently deleted in connection with a prior rulemaking. Restoring it would clarify the OCC's obligations under § 8.7(b). This change would also redesignate the current § 8.7(b)(1) and (2) as § 8.7(b)(1)(i) and (ii), respectively. In addition, the proposed rule would redesignate the current § 8.7(b) concluding text as § 8.7(b)(2). Finally, the proposed rule would simplify the language used in § 8.7(a) and (b) and clarify that provisions dealing with special examination or investigation fees apply to any institution subject to such an exam or investigation. These amendments would not change the OCC's current policy of considering assessment payments delinquent if received after the time for payment specified in 12 CFR 8.2; considering special examination and investigation fees delinquent if not received within 30 calendar days of the invoice date; requiring interest on delinquent payments and fees; and providing either a refund or notice of its unwillingness to accept a refund request within 30 calendar days of receipt of a request.</P>
                <P>
                    The proposed rule would also conform all references to the “Office of the Comptroller of the Currency,” “Comptroller of the Currency,” or “Office” to “OCC,” except with respect to references to the Notice of Fees; conform all references to “Notice of Comptroller of the Currency Fees” or “Notice of Comptroller of the Currency of Fees” to “Notice of Office of the Comptroller of the Currency Fees and Assessments”; add hyphens to all compound modifiers where a hyphen is not currently used; remove references to “Thrift Financial Reports,” which are no longer used; remove a duplicate reference to “Uniform Financial Institutions Rating System” in 12 CFR 8.6(c)(1)(iii); remove a duplicate and unnecessary citation to authority in 12 CFR 8.6(a); replace an incorrect reference to “each national bank” with a reference to “each Federal branch and agency” in 12 CFR 8.2(b)(1); add the modifier “national” to references to banks and terms, such as “independent credit card banks,” as appropriate; add the term “independent trust” before references to banks and Federal savings associations in 12 CFR 8.6(c)(1)(iii) and add a reference to independent trust Federal savings associations where the provision currently only refers to banks; and add conforming references to Federal branches and agencies, as necessary.
                    <PRTPAGE P="10272"/>
                </P>
                <HD SOURCE="HD1">Regulatory Analysis</HD>
                <HD SOURCE="HD2">Paperwork Reduction Act of 1995</HD>
                <P>
                    In accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    ) the OCC may not conduct or sponsor, and an organization is not required to respond to, an information collection unless the information collection displays a currently valid Office of Management and Budget (OMB) control number. This notice of proposed rulemaking does not contain a collection of information under the PRA.
                </P>
                <HD SOURCE="HD2">Regulatory Flexibility Act</HD>
                <P>
                    In general, the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 
                    <E T="03">et seq.</E>
                    ) requires that in connection with a rulemaking, an agency prepare and make available for public comment a regulatory flexibility analysis that describes the impact of the rule on small entities. Under section 605(b) of the RFA, this analysis is not required if an agency certifies that the rule will not have a significant economic impact on a substantial number of small entities and publishes its certification and a brief explanatory statement in the 
                    <E T="04">Federal Register</E>
                     along with its rule.
                </P>
                <P>
                    The OCC currently supervises approximately 886 small entities.
                    <SU>15</SU>
                    <FTREF/>
                     Although the number of OCC-supervised small banks affected will vary each year, the OCC does not expect that the proposed rule, if adopted as final, would affect a substantial number (generally defined as five percent or more of OCC-supervised small entities) in any given year, based on the OCC's experience with departures from the charters in recent years. For example, had the proposed rule applied in 2018, the OCC would have refunded assessments totaling $579,000 to 22 banks, 19 of which were small banks (approximately two percent of OCC-supervised small entities). Similarly, if the proposed rule had applied in 2017, the OCC would have refunded assessments totaling $663,000 to 16 banks, 12 of which were small banks; in 2016, the OCC would have refunded assessments totaling $392,000 to 26 banks, all of which were small banks; and in 2015, the OCC would have refunded assessments totaling $555,000 to 29 banks, 27 of which were small banks. In each of these years, the number of institutions that would have been affected by the proposed rule was less than five percent of OCC-supervised small entities. Therefore, the proposed rule would not have affected a substantial number of small entities during these years.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         The OCC bases its estimate of the number of small entities on the SBA's size thresholds for commercial banks and savings institutions, and trust companies, which are $550 million and $38.5 million, respectively. Consistent with the General Principles of Affiliation in 13 CFR 121.103(a), the OCC counts the assets of affiliated financial institutions when determining if we should classify an OCC-supervised institution as a small entity. The OCC uses December 31, 2017, to represent size because a “financial institution's assets are determined by averaging the assets reported on its four quarterly financial statements for the preceding year.” 
                        <E T="03">See</E>
                         footnote 8 of the U.S. Small Business Administration's 
                        <E T="03">Table of Size Standards.</E>
                    </P>
                </FTNT>
                <P>The OCC also considered whether the proposed rule would result in a significant economic impact on small entities. In general, the OCC classifies the economic impact of expected cost (or benefit) to comply with a rule on an individual bank as significant if the total estimated monetized costs (or benefits) in one year are greater than 5 percent of the bank's total annual salaries and benefits or 2.5 percent of the bank's total annual non-interest expense. Based on the above criteria, and the refund amounts for the years 2015 through 2018 outlined above, the OCC estimates that impact of the proposed rule, had it been in place for 2015-2018, would not have had a significant economic impact at any of the affected institutions.</P>
                <P>Based on the data and experience of the OCC in recent years with departures from the charters, the OCC certifies that the proposed rule, if adopted as final, would not have a significant economic impact on a substantial number of small entities.</P>
                <HD SOURCE="HD2">Unfunded Mandates Reform Act of 1995</HD>
                <P>The OCC analyzed the proposed rule under the factors set forth in the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1532). Under this analysis, the OCC considered whether the proposed rule includes a Federal mandate that may result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year (adjusted for inflation). The OCC has determined that the proposed rule, if adopted as final, would not impose new mandates and, therefore, would not result in the expenditure of $100 million or more annually by state, local, and tribal governments, or by the private sector.</P>
                <HD SOURCE="HD2">Riegle Community Development and Regulatory Improvement Act of 1994</HD>
                <P>
                    The Riegle Community Development and Regulatory Improvement Act of 1994 (RCDRIA) requires that each Federal banking agency, in determining the effective date and administrative compliance requirements for new regulations that impose additional reporting, disclosure, or other requirements on insured depository institutions (IDIs), consider, consistent with principles of safety and soundness and the public interest, any administrative burdens that such regulations would place on depository institutions, including small depository institutions, and customers of depository institutions, as well as the benefits of such regulations.
                    <SU>16</SU>
                    <FTREF/>
                     In addition, new regulations and amendments to regulations that impose additional reporting, disclosures, or other new requirements on IDIs generally must take effect on the first day of a calendar quarter that begins on or after the date on which the regulations are published in final form.
                    <SU>17</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         12 U.S.C. 4802(a).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         12 U.S.C. 4802(b).
                    </P>
                </FTNT>
                <P>Because the proposal would not impose additional reporting, disclosure, or other requirements on banks, section 302 of the RCDRIA does not apply. Nevertheless, the requirements of RCDRIA will be considered as part of the overall rulemaking process. In addition, the OCC invites comments that will inform the OCC's consideration of RCDRIA.</P>
                <HD SOURCE="HD2">Plain Language</HD>
                <P>Section 722 of the Gramm-Leach-Bliley Act requires the OCC to use plain language in all proposed and final rules published after January 1, 2000. The OCC invites comment on how to make this proposed rule easier to understand.</P>
                <P>For example:</P>
                <P>• Has the OCC organized the material to inform your needs? If not, how could the OCC present the proposed rule more clearly?</P>
                <P>• Are the requirements in the proposed rule clearly stated? If not, how could the proposal be more clearly stated?</P>
                <P>• Does the proposed regulation contain technical language or jargon that is not clear? If so, which language requires clarification?</P>
                <P>• Would a different format (grouping and order of sections, use of headings, paragraphing) make the proposed regulation easier to understand? If so, what changes would achieve that?</P>
                <P>• Is this section format adequate? If not, which of the sections should be changed and how?</P>
                <P>• What other changes can the OCC incorporate to make the proposed regulation easier to understand?</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 12 CFR Part 8</HD>
                    <P>Assessments, Federal branches and agencies, National banks, Reporting and recordkeeping requirements, Savings associations.</P>
                </LSTSUB>
                <PRTPAGE P="10273"/>
                <HD SOURCE="HD1">Authority and Issuance</HD>
                <P>For the reasons set forth in the preamble, chapter I of title 12 of the Code of Federal Regulations is proposed to be amended as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 8—ASSESSMENT OF FEES</HD>
                </PART>
                <AMDPAR>1. The authority for part 8 continues to read as follows:</AMDPAR>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>
                        12 U.S.C. 16, 93a, 481, 482, 1467, 1831c, 1867, 3102, 3108, and 5412(b)(2)(B); and 15 U.S.C. 78c and 78
                        <E T="03">l</E>
                        .
                    </P>
                </AUTH>
                <AMDPAR>2. Section 8.2 is amended by:</AMDPAR>
                <AMDPAR>a. Removing “non-lead bank” wherever it appears and adding “non-lead national bank” in its place;</AMDPAR>
                <AMDPAR>b. Removing “lead bank” wherever it appears and adding “lead national bank” in its place;</AMDPAR>
                <AMDPAR>c. Removing “independent credit card bank” wherever it appears and adding “independent credit card national bank” in its place;</AMDPAR>
                <AMDPAR>d. Removing “independent credit card banks” wherever it appears and adding “independent credit card national banks” in its place;</AMDPAR>
                <AMDPAR>e. Removing “the bank's” and by adding “the national bank's” in its place in paragraphs (a) introductory text, (a)(3), (c)(3)(iii), and (c)(3)(viii);</AMDPAR>
                <AMDPAR>f. Removing “A bank's” and adding “A national bank” in its place in paragraph (a)(1);</AMDPAR>
                <AMDPAR>g. Removing “the bank” and adding “the national bank” in its place in paragraphs (a)(1) through (3) and (c)(1) and (2);</AMDPAR>
                <AMDPAR>h. Removing “Comptroller of the Currency” and adding “OCC” in its place in paragraphs (a) introductory text and (b)(1);</AMDPAR>
                <AMDPAR>i. Removing “Notice of Comptroller of the Currency Fees” and adding “Notice of Office of the Comptroller of the Currency Fees and Assessments” in its place in paragraphs (a)(6)(i) and (b)(4)(i);</AMDPAR>
                <AMDPAR>j. Removing “Federal branch or agency” and adding “Federal branch and agency” in its place in paragraph (b)(4)(i);</AMDPAR>
                <AMDPAR>k. Removing “each bank's” and adding “each national bank's” in its place in paragraph (a)(6)(ii)(A);</AMDPAR>
                <AMDPAR>l. Removing “or Thrift Financial Report, as appropriate,” in paragraph (a)(6)(ii)(A);</AMDPAR>
                <AMDPAR>m. Removing “six month” and adding “six-month” in its place in paragraph (b)(1);</AMDPAR>
                <AMDPAR>n. Removing “national bank” and adding “Federal branch and agency” in its place in paragraph (b)(1);</AMDPAR>
                <AMDPAR>o. Removing “Notice of Comptroller of the Currency of Fees” and adding “Notice of Office of the Comptroller of the Currency Fees and Assessments” in its place in paragraph (c)(1);</AMDPAR>
                <AMDPAR>p. Removing “full service” and adding “full-service” in its place in paragraph (c)(2);</AMDPAR>
                <AMDPAR>q. Removing “or a bank” and adding “or a national bank” in its place in paragraph (c)(3)(iii); and</AMDPAR>
                <AMDPAR>r. Revising paragraphs (a)(5), (b)(3), and (d).</AMDPAR>
                <P>The revisions read as follows:</P>
                <SECTION>
                    <SECTNO>§ 8.2 </SECTNO>
                    <SUBJECT>Semiannual assessment.</SUBJECT>
                    <P>(a)  * * * </P>
                    <P>(5) The specific marginal rates and complete assessment schedule will be published in the “Notice of Office of the Comptroller of the Currency Fees and Assessments,” provided for at § 8.8. Each semiannual assessment is based upon the total assets shown in the national bank's or Federal savings association's most recent “Consolidated Reports of Condition and Income” (Call Report) preceding the payment date. Each national bank or Federal savings association subject to the jurisdiction of the OCC on the date of the second or fourth quarterly Call Report as appropriate, required by the OCC under 12 U.S.C. 161 and 12 U.S.C. 1464(v), is subject to the full assessment for the next six-month period. National banks and Federal savings associations that are no longer subject to the jurisdiction of the OCC as of the date of the second or fourth quarterly Call Report, as appropriate, will receive a refund of assessments for the second three months of the semiannual assessment period.</P>
                    <STARS/>
                    <P>(b)  * * * </P>
                    <P>(3) Each semiannual assessment of each Federal branch and each agency is based upon the total assets shown in the Federal branch's or agency's Call Report most recently preceding the payment date. Each Federal branch or agency subject to the jurisdiction of the OCC on the date of the second and fourth Call Reports is subject to the full assessment for the next six-month period. Federal branches and agencies that are no longer subject to the jurisdiction of the OCC as of the date of the second or fourth quarterly Call Report, as appropriate, will receive a refund of assessments for the second three months of the semiannual assessment period.</P>
                    <STARS/>
                    <P>
                        (d) 
                        <E T="03">Surcharge based on the condition of the national bank, Federal savings association, or Federal branch or agency.</E>
                         Subject to any limit that the OCC prescribes in the “Notice of Office of the Comptroller of the Currency Fees and Assessments,” the OCC shall apply a surcharge to the semiannual assessment computed in accordance with paragraphs (a) through (c) of this section. This surcharge will be determined by multiplying the semiannual assessment computed in accordance with paragraphs (a) through (c) of this section by—
                    </P>
                    <P>(1) 1.5, in the case of any national bank or Federal savings association that receives a composite rating of 3 under the Uniform Financial Institutions Rating System (UFIRS) and any Federal branch or agency that receives a composite rating of 3 under the ROCA rating system (which rates risk management, operational controls, compliance, and asset quality) at its most recent examination prior to December 31 or June 30, as appropriate; and</P>
                    <P>(2) 2.0, in the case of any national bank or Federal savings association that receives a composite UFIRS rating of 4 or 5 and any Federal branch or agency that receives a composite rating of 4 or 5 under the ROCA rating system at its most recent examination prior to December 31 or June 30, as appropriate.</P>
                </SECTION>
                <AMDPAR>3. Section 8.6 is amended by:</AMDPAR>
                <AMDPAR>a. Removing “Notice of Comptroller of the Currency Fees” and adding “Notice of Office of the Comptroller of the Currency Fees and Assessments” in its place in paragraphs (b), (c)(1)(i) and (ii), and (c)(3)(vii);</AMDPAR>
                <AMDPAR>b. Removing “independent trust banks” wherever it appears and adding “independent trust national banks” in its place;</AMDPAR>
                <AMDPAR>c. Removing “independent trust bank” wherever it appears and adding “Independent trust national bank” in its place;</AMDPAR>
                <AMDPAR>d. Removing “trust bank” wherever it appears and adding “trust national bank” in its place;</AMDPAR>
                <AMDPAR>e. Removing “trust banks” wherever it appears and adding “trust national banks” in its place;</AMDPAR>
                <AMDPAR>f. Removing “the bank” and adding “the national bank” in its place in paragraph (c)(2); and</AMDPAR>
                <AMDPAR>g. Revising paragraphs (a) introductory text, (a)(1) and (3), and (c)(1)(iii).</AMDPAR>
                <P>The revisions read as follows:</P>
                <SECTION>
                    <SECTNO>§ 8.6 </SECTNO>
                    <SUBJECT>Fees for special examinations and investigations.</SUBJECT>
                    <P>
                        (a) 
                        <E T="03">Fees.</E>
                         The OCC may assess a fee for:
                    </P>
                    <P>(1) Examining the fiduciary activities of national banks, Federal branches of foreign banks, and Federal savings associations and related entities;</P>
                    <STARS/>
                    <P>
                        (3) Conducting special examinations and investigations of an entity with respect to its performance of activities described in section 7(c) of the Bank Service Company Act (12 U.S.C. 1867(c)) if the OCC determines that 
                        <PRTPAGE P="10274"/>
                        assessment of the fee is warranted with regard to a particular national bank, Federal branch or agency of a foreign bank, or Federal savings association because of the high risk or unusual nature of the activities performed; the significance to the national bank's, Federal branch's or agency's, or Federal saving association's operations and income of the activities performed; or the extent to which the national bank, Federal branch or agency, or Federal savings association has sufficient systems, controls, and personnel to adequately monitor, measure, and control risks arising from such activities;
                    </P>
                    <STARS/>
                    <P>(c)  * * *  (1)  * * * </P>
                    <P>
                        (iii) 
                        <E T="03">Surcharge based on the condition of the independent trust national bank or of the independent trust Federal savings association.</E>
                         Subject to any limit that the OCC prescribes in the “Notice of Office of the Comptroller of the Currency Fees and Assessments,” the OCC shall adjust the semiannual assessment computed in accordance with paragraphs (c)(1)(i) and (ii) of this section by multiplying that figure by 1.5 for each independent trust national bank and independent trust Federal savings association that receives a composite UFIRS rating of 3 at its most recent examination prior to December 31 or June 30, as appropriate, and by 2.0 for each independent trust national bank and independent trust Federal savings association that receives a composite UFIRS rating of 4 or 5 at such examination.
                    </P>
                    <STARS/>
                </SECTION>
                <AMDPAR>4. Section 8.7 is amended by revising paragraphs (a) and (b) to read as follows:</AMDPAR>
                <SECTION>
                    <SECTNO>§ 8.7 </SECTNO>
                    <SUBJECT>Payment of interest on delinquent assessments and examination and investigation fees.</SUBJECT>
                    <P>(a) Each national bank, Federal savings association, Federal branch, and Federal agency shall pay to the OCC interest on its delinquent payments of semiannual assessments. In addition, each institution subject to a special examination or investigation fee shall pay to the OCC interest on its delinquent payments of special examination and investigation fees. Semiannual assessment payments will be considered delinquent if they are received after the time for payment specified in § 8.2. Special examination and investigation fees will be considered delinquent if not received by the OCC within 30 calendar days of the invoice date.</P>
                    <P>(b) In the event that an institution believes that the notice of assessments or special examination and investigation fees contains an error or miscalculation, the institution may provide the OCC with a written request for a revised notice and a refund of any overpayments. Any such request for a revised notice and refund must be made after timely payment of the semiannual assessment under the dates specified in § 8.2 or timely payment of the special examination and investigation fee within 30 calendar days of the invoice date.</P>
                    <P>(1) Within 30 calendar days of receipt of such notice, the OCC shall either—</P>
                    <P>(i) Refund the amount of the overpayment; or</P>
                    <P>(ii) Provide notice of its unwillingness to accept the request for a revised notice of assessments. In the latter instance, the OCC and the entity claiming the overpayment shall thereafter attempt to reach agreement on the amount, if any, to be refunded; the OCC shall refund this amount within 30 calendar days of such agreement.</P>
                    <P>(2) The OCC shall be considered delinquent if it fails to return an overpayment in accordance with the time limitations specified in this paragraph (b). The OCC shall pay interest on any such delinquent payments.</P>
                    <STARS/>
                </SECTION>
                <AMDPAR>5. Section 8.8 is amended by revising the section heading and paragraph (b) to read as follows:</AMDPAR>
                <SECTION>
                    <SECTNO>§ 8.8 </SECTNO>
                    <SUBJECT>Notice of Office of the Comptroller of the Currency fees and assessments.</SUBJECT>
                    <STARS/>
                    <P>
                        (b) 
                        <E T="03">Interim and amended notice of fees.</E>
                         The OCC may issue a “Notice of Interim Office of the Comptroller of the Currency Fees and Assessments” or a “Notice of Amended Office of the Comptroller of the Currency Fees and Assessments” from time to time throughout the year as necessary. Interim or amended notices will be effective 30 days after issuance.
                    </P>
                </SECTION>
                <SIG>
                    <DATED> Dated: March 13, 2019.</DATED>
                    <NAME>Joseph M. Otting,</NAME>
                    <TITLE>Comptroller of the Currency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05128 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4810-33-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
                <SUBAGY>Internal Revenue Service</SUBAGY>
                <CFR>26 CFR Parts 1 and 301</CFR>
                <DEPDOC>[REG-104352-18]</DEPDOC>
                <RIN>RIN 1545-BO53</RIN>
                <SUBJECT>Rules Regarding Certain Hybrid Arrangements; Hearing Cancellation</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Internal Revenue Service (IRS), Treasury.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Cancellation of notice of public hearing on proposed rulemaking.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This document cancels a public hearing on proposed regulations to implement sections of the Internal Revenue Code regarding hybrid dividends and certain amounts paid or accrued in hybrid transactions or with hybrid entities, and to provide rules under the Code to prevent the same deduction from being claimed under the tax laws of both the United States and a foreign country.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The public hearing, originally scheduled for March 20, 2019 at 10 a.m. is cancelled.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>The cancelled hearing was originally scheduled to be held at the Internal Revenue Service Building, 1111 Constitution Avenue NW, Washington, DC 20224.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Regina Johnson, Publications and Regulations Specialist at (202) 317-6901 (not a toll-free number).</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    A notice of proposed rulemaking and notice of public hearing that appeared in the 
                    <E T="04">Federal Register</E>
                     on Friday, March 8, 2019 (8 FR 8488) announced that a public hearing was scheduled March 20, 2019 at 10 a.m. in the IRS Auditorium, Internal Revenue Service Building, 1111 Constitution Avenue NW, Washington, DC. The subject of the public hearing is under sections 245, 267, 1503, and 7701 of the Internal Revenue Code.
                </P>
                <P>This document cancels a public hearing on proposed regulations to implement sections 245A(e) and 267A of the Internal Revenue Code (Code) rules regarding hybrid dividends and certain amounts paid or accrued in hybrid transactions or with hybrid entities, and to provide rules under sections 1503(d) and 7701 of the Code to prevent the same deduction from being claimed under the tax laws of both the United States and a foreign country. The public comment period for these regulations expired on March 15, 2019.</P>
                <P>
                    The notice of proposed rulemaking and notice of hearing instructed those 
                    <PRTPAGE P="10275"/>
                    interested in testifying at the public hearing to submit an outline of the topics to be discussed. The outline of topics to be discussed was due by March 15, 2019. As of March 15, 2019, no one has requested to speak. Therefore, the public hearing scheduled for March 20, 2019 at 10 a.m. is cancelled.
                </P>
                <SIG>
                    <NAME>Martin V. Franks,</NAME>
                    <TITLE>Branch Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05371 Filed 3-18-19; 11:15 am]</FRDOC>
            <BILCOD>BILLING CODE 4830-01-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
                <CFR>47 CFR Parts 1 and 90</CFR>
                <DEPDOC>[WP Docket Nos. 15-32 and 16-261, RM-11572, RM-11719 and RM-11722; Report No. 3115]</DEPDOC>
                <SUBJECT>Petition for Reconsideration of Action in Rulemaking Proceeding</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Communications Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Petition for reconsideration.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Petitions for Reconsideration (Petitions) have been filed in the Commission's rulemaking proceeding by John A. Prendergast, on behalf of The Monitoring Associations and David Smith on behalf of Land Mobile Communications Council.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Oppositions to the Petitions must be filed on or before April 4, 2019. Replies to an opposition must be filed on or before April 15, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Federal Communications Commission, 445 12th Street SW, Washington, DC 20554.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Michael Wilhelm, email: 
                        <E T="03">Michael.wilhelm@fcc.gov;</E>
                         and Scot Stone, email: 
                        <E T="03">Scot.stone@fcc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    This is a summary of the Commission's document, Report No. 3115, released March 6, 2019. The full text of the Petitions is available for viewing and copying at the FCC Reference Information Center, 445 12th Street SW, Room CY-A257, Washington, DC 20554. They also may be accessed online via the Commission's Electronic Comment Filing System at: 
                    <E T="03">http://apps.fcc.gov/ecfs/.</E>
                     The Commission will not send a Congressional Review Act (CRA) submission to Congress or the Government Accountability Office pursuant to the CRA, 5 U.S.C. because no rules are being adopted by the Commission.
                </P>
                <P>
                    <E T="03">Subject:</E>
                     Creation of Interstitial 12.5 Kilohertz Channels in the 800 MHz Band Between 809-817/854-862 MHz); Amendment of Part 90 of the Commission's Rules to Improve Access to Private Land Mobile Radio Spectrum; Land Mobile Communications Council, FCC 18-143, in WP Docket Nos. 15-32 and 16-261; RM-11572, RM-11719, and RM-11722; published at 83 FR 61072, November 27, 2018. This document is being published pursuant to 47 CFR 1.429(e). 
                    <E T="03">See also</E>
                     47 CFR 1.4(b)(1) and 1.429(f), (g).
                </P>
                <P>
                    <E T="03">Number of Petitions Filed:</E>
                     2.
                </P>
                <SIG>
                    <FP>Federal Communications Commission.</FP>
                    <NAME>Marlene Dortch,</NAME>
                    <TITLE>Secretary, Office of the Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05234 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 6712-01-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="S">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
                <CFR>47 CFR Part 73</CFR>
                <DEPDOC>[MB Docket No. 19-3; FCC 19-9]</DEPDOC>
                <SUBJECT>Reexamination of the Comparative Standards and Procedures for Licensing Noncommercial Educational Broadcast Stations and Low Power FM Stations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Communications Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Proposed rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In this document, the Commission adopted a Notice of Proposed Rulemaking, in which it sought comment on several proposals designed to improve the rules and procedures to select and license competing applications for new noncommercial educational (NCE) broadcast stations and low power FM (LPFM) stations.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments may be filed on or before May 20, 2019 and reply comments may be filed on or before June 18, 2019.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Interested parties may submit comments and reply comments, identified by MB Docket No. 19-3, by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal Communications Commission's Website: http://www.fcc.gov/ecfs.</E>
                         Follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.
                    </P>
                    <P>
                        • 
                        <E T="03">People with Disabilities:</E>
                         Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: 
                        <E T="03">FCC504@fcc.gov</E>
                         or phone: (202) 418-0530 or TTY: (202) 418-0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the supplementary information section of this document.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Albert Shuldiner, Chief, Media Bureau, Audio Division, (202) 418-2721; Lisa Scanlan, Deputy Division Chief, Media Bureau, Audio Division, (202) 418-2704; Amy Van de Kerckhove, Attorney Advisor, Media Bureau, Audio Division, (202) 418-2726. For additional information concerning the Paperwork Reduction Act (PRA) information collection requirements contained in this document, contact Cathy Williams at 202-418-2918, or via the internet at 
                        <E T="03">Cathy.Williams@fcc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    This is a summary of the Commission's Notice of Proposed Rulemaking (
                    <E T="03">NPRM</E>
                    ), MB Docket No. 19-3; FCC 19-9, adopted on February 14, 2019, and released on February 15, 2019. The full text of this document is available electronically via the FCC's Electronic Document Management System (EDOCS) website at 
                    <E T="03">http://fjallfoss.fcc.gov/edocs_public/</E>
                     or via the FCC's Electronic Comment Filing System (ECFS) website at 
                    <E T="03">http://www.fcc.gov/ecfs.</E>
                     (Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.) This document is also available for public inspection and copying during regular business hours in the FCC Reference Information Center, which is located in Room CY-A257 at FCC Headquarters, 445 12th Street SW, Washington, DC 20554. The Reference Information Center is open to the public Monday through Thursday from 8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 11:30 a.m. The complete text may be purchased from the Commission's copy contractor, 445 12th Street SW, Room CY-B402, Washington, DC 20554. Alternative formats are available for people with disabilities (braille, large print, electronic files, audio format), by sending an email to 
                    <E T="03">fcc504@fcc.gov</E>
                     or calling the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
                </P>
                <P>
                    The 
                    <E T="03">NPRM</E>
                     may result in new or revised information collection requirements. If the Commission adopts any new or revised information collection requirements, the 
                    <PRTPAGE P="10276"/>
                    Commission will publish a notice in the 
                    <E T="04">Federal Register</E>
                     inviting the public to comment on such requirements, as required by the Paperwork Reduction Act of 1995. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission will seek specific comment on how it might “further reduce the information collection burden for small business concerns with fewer than 25 employees.”
                </P>
                <HD SOURCE="HD1">Synopsis</HD>
                <P>
                    1. 
                    <E T="03">Introduction.</E>
                     In the 
                    <E T="03">NPRM</E>
                     the Commission commences a proceeding to consider changes to its rules and procedures for comparatively considering competing applications for new and major modifications to noncommercial educational FM radio stations, FM translator stations, and full power television stations (collectively, NCE or NCE broadcast) and low power FM (LPFM) stations. The Commission seeks comment on proposals to improve selection procedures, expedite the initiation of new service to the public, and eliminate unnecessary applicant burdens.
                </P>
                <P>2. The Commission accepts applications for new NCE and LPFM stations, or major changes to authorized NCE and LPFM stations, during specified filing windows announced by public notice. Due to the finite nature of and high demand for spectrum, the Commission cannot authorize an NCE or LPFM station to every qualified applicant. Accordingly, after the close of an NCE or LPFM filing window, the Commission examines all timely and complete applications to determine whether any two or more proposals are mutually exclusive (MX). The Commission currently uses a point system to select among the mutually exclusive applications. The Commission compares MX groups of NCE applications under the point system set forth in 47 CFR 73.7003. The NCE point system awards a maximum of seven merit points, based on four distinct criteria: (1) Established local applicant; (2) diversity of ownership; (3) state-wide networks; and (4) technical parameters. The applicant with the highest score in a group is designated a “tentative selectee.” Tied applicants are subject to mandatory time-sharing. The Commission compares mutually exclusive groups of LPFM applications under the point system set forth in 47 CFR 73.872. The LPFM point system awards a maximum of six merit points, based on six criteria. Applicants tied for the highest point total in an MX group are subject to voluntary and involuntary time-sharing.</P>
                <P>
                    3. The NCE and LPFM comparative procedures have facilitated the efficient grant of several thousand new station construction permits. However, certain rules and procedures confused applicants, drew criticism, or delayed the initiation of new service. Some rules appeared counterproductive or imposed undue burdens on applicants; others appeared to omit necessary guidance. The Commission also identified inconsistencies between the rules and the forms. Accordingly, the 
                    <E T="03">NPRM</E>
                     considers changes to clarify, simplify, and improve the Commission's licensing procedures for new NCE broadcast and LPFM stations.
                </P>
                <P>
                    4. 
                    <E T="03">Eliminate Governing Document Requirements for Established Local Applicants.</E>
                     Under the Commission's point system selection process, established local applicants are awarded three points. To qualify, an applicant must certify and document that it has been “local” and “established,” as defined in 47 CFR 73.7000, continuously for at least two years immediately prior to application filing. Further, 47 CFR 73.7003(b)(1) and the FCC Form 340 certification dictate that to receive the three localism points, all applicants must amend their governing documents to require that localism be maintained (Localism Governing Document Requirement). In contrast, the Worksheets and Instructions to FCC Form 340 limit the rule's applicability, and direct that only applicants relying on governing board residences must amend their governing documents to require that localism be maintained.
                </P>
                <P>5. The documentation requirement discrepancy between the rules and the FCC Form 340 instructions and orders adopting the NCE point system created undue confusion, generated considerable litigation among applicants during the 2007 and 2010 NCE FM filing windows, and delayed the licensing process. The Commission does not propose a change in the requirement to maintain localism for a specified period of time. However, to improve the fair and efficient award of points under the localism criterion, the Commission proposes to eliminate the current 47 CFR 73.7003(b)(1) requirement that governing documents include a localism provision.</P>
                <P>6. The Commission seeks comment on the proposed elimination of this specific documentation requirement for all categories of applicants seeking to qualify for localism points. In lieu of the Localism Governing Document Requirement, the Commission proposes to safeguard its localism goals by incorporating into the current Holding Period rule a new provision explicitly requiring any prevailing applicant that receives localism points during the point system analysis to maintain localism during the period from the grant of the construction permit until the station has achieved four years of on-air operations. Is this, along with a certification pledging to maintain localism at the time of filing the Form 340 application, sufficient to safeguard the “established local applicant” criterion? Are there other means to safeguard this vital criterion? Alternatively, should the Commission retain the Localism Governing Document Requirement solely for the category of applicants relying on their governing board member residences to qualify as local, and accordingly, amend the rules to clarify that only applicants relying on board members' residences must satisfy the Localism Governing Document Requirement? The Commission invites comment on these proposals, and any other suggestions to clarify, simplify, and safeguard the “established local applicant” criterion.  </P>
                <P>
                    7. 
                    <E T="03">Eliminate Governing Document Requirements for Applicants Claiming Diversity Points.</E>
                     The Commission awards two points for local diversity of ownership if the principal community contour of the applicant's proposed NCE station does not overlap with those of any other station in which either the applicant or any party to the application holds an attributable interest. To qualify for diversity points under the point selection process, an applicant must certify that: (1) Neither it nor any party to the application currently has such an interest; (2) the organization's governing documents, 
                    <E T="03">i.e.,</E>
                     its “by-laws, constitution, or their equivalent,” require maintenance of diversity into the future; and (3) it has placed documentation of its diversity qualifications in a local public inspection file and has submitted copies of the documentation to the Commission.
                </P>
                <P>
                    8. To document future diversity, the Commission requires an applicant to file a copy of its pertinent corporate governance documents, showing that it properly amended its governing documents to require the maintenance of such diversity (the Diversity Governing Document Requirement). Applicants, such as state universities that are governed by state charters and statutes, which cannot be amended without legislative action, are permitted to base the governing document component of their diversity certification on alternative safeguards (the Legislative Exception). For such 
                    <PRTPAGE P="10277"/>
                    applicants and those without official traditional governing documents, the Commission requires specificity and exactitude in supporting diversity documentation and explicit mechanisms to clearly communicate the diversity requirements to current and future board members and enforce such requirements.
                </P>
                <P>9. The Commission found that this Diversity Governing Document Requirement has had the unintended effect of confusing applicants, and multiple applicants, otherwise qualified and legitimate, lost diversity points because of ministerial mistakes and the failure to comprehend the requirement to submit documentation to demonstrate a commitment to maintain diversity in the future. The Commission proposes to eliminate both (1) the requirement that applicants amend their governing documents, or provide an alternative safeguard showing, to pledge that “diversity be maintained,” and (2) the requirement to submit such documents to the Commission and place the documentation in the local public inspection file. The Commission invites comments on its proposal to eliminate this documentation requirement for all applicants seeking to qualify for diversity points.</P>
                <P>10. In lieu of the Diversity Governing Document Requirement, the Commission proposes to safeguard its diversity goals by incorporating into the current Holding Period rule a new provision prohibiting any prevailing applicant that receives diversity points during the point system analysis from acquiring a radio or full power or Class A television station, which would overlap the principal community contour of its new NCE FM or NCE television station, during the period from the grant of the construction permit until the station has achieved four years of on-air operations. The restriction would apply to the applicant itself, any parties to the application, and any party that acquires an attributable interest in the permittee or licensee during this period. Further, the Commission proposes to add an additional question to FCC Form 340, FCC Form 314, and FCC Form 315, requiring applicants to certify that the proposed acquisition would comply with the subject authorization's diversity condition. The Commission seeks comment on whether these are effective means to safeguard its diversity goals, and invites comments on any alternative measures to clarify, simplify, and safeguard the diversity of ownership criterion.</P>
                <P>
                    11. 
                    <E T="03">Establish Uniform Divestiture Pledge Policies.</E>
                     The Commission has held that, generally, a contingent pledge to divest an attributable broadcast interest or resign from an attributable positional interest (collectively, the Divestiture Pledge) is an ineffective mechanism to avoid the attribution of broadcast interests that are held at the close of the filing window. Rather, diversity points are only awarded when the applicant completes the pledged action prior to the close of the filing window. The Commission, however, has carved out three exceptions to this general policy and will accept contingent Divestiture Pledges for: (1) Non-fill-in translator stations if the applicant pledges to request the cancellation of the translator authorization upon the new NCE FM station's commencement of operations; (2) Class D stations if the applicant commits to divesting the Class D station license prior to the commencement of operations by a same-area full service NCE FM station; and (3) LPFM stations if the applicant/party commits to divesting its interest in the LPFM station license prior to commencement of program tests by the new NCE FM station. During the 2007 and 2010 NCE FM filing windows, the Commission denied requests to utilize contingent Divestiture Pledges to exclude full service stations from the diversity of ownership consideration, and some applicants requested that the Commission revisit and expand the scope of its divestiture policies to recognize full service station Divestiture Pledges for comparative purposes.
                </P>
                <P>
                    12. The Commission has found that the current policy can be unduly burdensome considering that (1) the divestiture may never be required, 
                    <E T="03">i.e.,</E>
                     the applicant may not become a tentative selectee, and (2) the diversity concerns do not ripen regarding a tentative selectee until after a construction permit is issued and station construction is completed, a process that could take several years from the close of the window. The Commission, therefore, concludes that the public interest would be better served by revising its current policy and crediting all contingent Divestiture Pledges that are submitted in the application by the close of the filing window. The Commission proposes to mandate that the actual divestiture or resignation be completed by the time the new NCE station commences program test operations and invites comment on these proposals.
                </P>
                <P>
                    13. 
                    <E T="03">Expand Tie-Breaker Criteria.</E>
                     Under the Commission's NCE point system process, applicants tied with the highest number of points awarded in a MX group proceed to a tie-breaker round. The first tie-breaker is the number of radio or television station authorizations attributable to each applicant. The second tie-breaker is the number of pending same service station applications attributable to each applicant. If the second factor fails to break the tie, the Commission uses mandatory time-sharing as the tie-breaker of last resort for full service NCE stations. During the 2007 and 2010 NCE FM filing windows, hundreds of MX groups resulted in ties following the point system analysis and proceeded to the tie-breaker round. The Commission anticipates more ties in future NCE FM filing windows.
                </P>
                <P>14. The Commission seeks comment on the current tie-breaker system and whether it is the most efficient means of resolving mutual exclusivity among tied NCE applicants. To minimize resorting to the final mandatory time-sharing option, the Commission asks if there are further tie-breaking measures the Commission should use if a tie is not broken after the second tie-breaker. To encourage more voluntary settlements or time-sharing among tied applicants, the Commission asks if it should amend the reimbursement restrictions of 47 CFR 73.3525 to specify that the restrictions do not apply to applicants which remain tied after the second tie-breaker criterion. The Commission invites comments on any proposals for supplemental tie-breakers that will be practical, fair, and effective and/or ways to improve and apply the current tie-breaker process.</P>
                <P>
                    15. 
                    <E T="03">Revise Procedures for Allocating Time in NCE Mandatory Time-Sharing Situations.</E>
                     The Commission established that, in cases where the new point selection process and tie-breakers resulted in more than one remaining MX application, it would impose mandatory time-sharing on the remaining applicants. The Commission, however, did not provide a mechanism for allocating time to each applicant. Rather, in such situations, the Commission directed the Bureau staff to provide the tied applicants 90 days to reach a voluntary time-sharing agreement and advised applicants that, if they were unable to reach a voluntary time-sharing agreement within 90 days, it would designate their applications for hearing solely on the issue of allotting time in accordance with 47 CFR 73.561(b)(2). This current process has resulted in delayed construction of facilities and commencement of service. In contrast, for the LPFM service, the Commission adopted a specific deadline for submitting voluntary time-share agreements, explicit requirements for the voluntary time-share proposals, and 
                    <PRTPAGE P="10278"/>
                    a detailed process for allocating time to MX LPFM tentative selectees that are unable to reach a voluntary time-share agreement. The LPFM process eliminated any need for a hearing and resulted in an expedient resolution of groups of MX LPFM application.
                </P>
                <P>16. The Commission seeks comment on whether to adopt similar mandatory time-share rules and procedures for MX NCE applicants, including a rule to delineate an explicit deadline for submitting voluntary time-share agreements and detailed steps to allocate time to NCE tentative selectees that are unable to arrive at a voluntary time-share agreement within the allotted deadline. Should the Commission codify a 90-day timeframe for submitting voluntary NCE time-share agreements, therefore requiring tied applicants to file any time-share agreements within 90 days of the release of a public notice or order announcing the tie? Is there another process that would provide for the expedient submission of voluntary time-share agreements and the resolution of these ties? In the event of a tie between three or more applicants, should the Commission amend the rules to permit, as it does in the LPFM context, voluntary point aggregation time-share agreements?</P>
                <P>17. Should the Commission adopt similar procedures for tied MX NCE applicants, modeled after the current LPFM rules, which have worked effectively to resolve mutual exclusivities and expedite new service to the public? Specifically, in the LPFM context, if a tie among MX applicants is not resolved through voluntary time-sharing, under the involuntary time-sharing rules, tied, grantable applications are eligible for concurrent, non-renewable license terms. Moreover, under the LPFM involuntary time-sharing rules, tied, MX groups are limited to three applicants. Should the Commission adopt a similar process for the NCE broadcast service and limit the number of mandatory time-share applicants to three? For LPFM, if there are more than three tied and grantable applications, the Commission dismisses all but the applications of the three applicants that have been local for the longest uninterrupted periods of time. To effectuate this process, the Commission requires each applicant to provide, as part of its initial application, its date of establishment. If the Commission imposes a limit on the number of mandatory NCE time-share applicants, would a similar cut-off mechanism work for the NCE service, where, unlike LPFM, many of the applicants are long-established universities and governmental entities? If the Commission uses the date of establishment as the cut-off mechanism, and an applicant subsequently assigns or transfers the NCE authorization received pursuant to these new procedures, should the Commission require the date the new assignee or transferee was “locally established” to be the same as, or earlier than, the date of the most recently established local applicant in the tied MX group? In lieu of the date of establishment, is there an alternative cut-off mechanism that would be more effective for the NCE service?  </P>
                <P>18. In the LPFM service, when there are three remaining tied applicants, the Commission assigns each applicant one of the following time slots: 2 a.m.-9:59 a.m., 10 a.m.-5:59 p.m., and 6 p.m.-1:59 a.m. If there are only two applicants, the Commission assigns each one of the following time slots: 3 a.m.-2:59 p.m., or 3 p.m.-2:59 a.m. The staff allows the LPFM applicants to confidentially select their preferred time slots, giving preference to the applicant that has been local for the longest uninterrupted period of time. Finally, to ensure that there is no gamesmanship, the Commission requires the applicants to certify that they have not colluded with any other applicants in the selection of time slots. Should the Commission adopt the same time slots and selection procedures for the NCE service, or are there alternatives that would be more appropriate and effective for the NCE service? The Commission seeks comment on these proposals and invites suggestions for any alternative plans or variations on these plans, including an analysis of the pros and cons in promoting its goals of expediting new service to the public and expanding the diversity of voices available to radio audiences.</P>
                <P>
                    19. 
                    <E T="03">Clarify and Modify the “Holding Period” Rule.</E>
                     The Commission adopted 47 CFR 73.7005 (the Holding Period Rule) to ensure that applicants selected through the NCE comparative process maintain the characteristics that formed the basis of their selection for a period of four years of on-air operations and that the public receives the benefit of the best proposal. The Holding Period Rule currently contains two separate components. The “Technical” component of the rule dictates that any NCE FM applicant receiving a decisive Section 307(b) preference must “construct and operate technical facilities substantially as proposed, and cannot downgrade service to the area on which the preference is based” during the four-year holding period. Second, the “Assignments/Transfers” component of the Holding Period Rule states that NCE stations awarded by use of the point system are “subject to a holding period.”
                </P>
                <P>20. The Commission proposes both stylistic and substantive changes to the Holding Period Rule to clarify and promote its laudable goal of ensuring that the point selection process is meaningful by mandating that applicants maintain comparative characteristics for a minimum period. As an initial matter, the Commission proposes to rename 47 CFR 73.7005 “Maintenance of Comparative Qualifications.” Second, the Commission proposes to add a new provision to 47 CFR 73.7005 to establish, for the first time, specific timing requirements for maintaining comparative qualifications. Specifically, the Commission proposes that NCE permittees and licensees issued authorizations under comparative procedures maintain their comparative qualifications from the grant of the construction permit until the station has achieved at least four years of on-air operations. The Commission invites comments on this proposal and asks if this proposed maintenance period is sufficient to establish meaningful service for the community, and deter license speculators, without unduly burdening the licensee? If commenters believe a different period is warranted, how long should it be? If the Commission adopts a different maintenance period than grant of the construction permit until four years of on-air operations, should the Commission make a conforming change to the holding period in the Assignments/Transfers component of the rule?</P>
                <P>
                    21. Third, the Commission proposes to relax 47 CFR 73.7005(b) and the parallel provision in 47 CFR 73.7002(c) (Fair distribution of service on reserved band FM channels) to eliminate the current absolute bar on any preference-related service downgrade. Specifically, the Commission proposes to allow minor modifications, provided that any potential loss of first and/or second NCE FM service is offset by first and, separately, combined first and/or second NCE FM service population gain(s). This change is intended to give permittees and licensees reasonable flexibility to implement facility modifications while also preserving the core purpose of these rules: To sharply limit service losses to areas in which the NCE FM station is providing Section 307(b)-preferred service. The Commission seeks comment on this proposal.
                    <PRTPAGE P="10279"/>
                </P>
                <P>22. The Commission also seeks comment generally on methods to promote compliance with 47 CFR 73.7005 and appropriate sanctions for licensees that fail to comply and fulfill their comparative commitments. For example, should stations that fail to maintain their comparative qualifications be subject to mandatory time-share proposals as part of the license renewal process, or should the Commission refuse to renew the licenses of stations that fail to maintain their comparative qualifications for the required period of time? The Commission invites comments on each of these proposals and any alternative suggestions to clarify 47 CFR 73.7005.</P>
                <P>
                    23. 
                    <E T="03">Prohibit Amendments to Cure Section 301 Violations by Application Parties.</E>
                     Section 632(a)(1)(B) of the subsequently enacted Making Appropriations for the Government of the District of Columbia for Fiscal Year 2001 Act “prohibit[s] any applicant from obtaining a low power FM license if the applicant has engaged in any manner in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934.” The Commission's rules, 47 CFR 73.854, and FCC Form 318 implement this mandate by requiring an LPFM applicant to certify under penalty of perjury that neither the applicant nor any party to the application has engaged in any manner in unlicensed operation of any station in violation of Section 301 of the Act. Any application that lacks such a certification, or any application that falsely makes such a certification, is dismissed. The Bureau has held that an LPFM applicant dismissed pursuant to the Appropriations Act and 47 CFR 73.854 may not regain its eligibility to hold an LPFM authorization by removing the board member associated with unauthorized broadcasting. The Commission itself, however, has never addressed the issue. There is no explicit rule precluding an LPFM applicant dismissed for violations of the Appropriations Act and 47 CFR 73.854 from seeking nunc pro tunc reinstatement by amending its application to remove any board members that have engaged in unauthorized broadcasting.
                </P>
                <P>24. The Commission proposes to codify Bureau precedent and amend its rules to preclude an LPFM applicant dismissed pursuant to the Appropriations Act and 47 CFR 73.854 from seeking nunc pro tunc reinstatement of its application and to disallow any change in directors as a means of resolving the applicant's basic qualifications under 47 CFR 73.854. The corrective amendment issue typically arises in cases where the LPFM applicant falsely certifies “Yes” to Question 8 even though one or more of the parties to the application has engaged in unauthorized broadcasting. This could be because the person submitting the application knowingly submitted a false certification, did not do sufficient due diligence about the parties to the application, or conducted some due diligence, but received false information from parties to the application. The Commission believes that a restriction on corrective amendments to resolve basic qualification issues under 47 CFR 73.854 would be in keeping with the intent of the Appropriations Act and reflect the seriousness with which the Commission treats unauthorized broadcasting. The Commission invites comment on this proposal.</P>
                <P>
                    25. 
                    <E T="03">Permit Time-Sharing Agreements Prior to Tentative Selectee Designations.</E>
                     When the LPFM point analysis results in a tie, the Commission first employs voluntary time-sharing as the initial tie-breaker. The point aggregation rule permits tied tentative selectees to jointly submit a time-sharing agreement. A new aggregated point total is then assigned to the group. The group with the highest number of aggregated points prevails. There has been some confusion as to whether LPFM applicants can communicate and collaborate with each other, either pre- or post-application filing, with the goal of potentially aggregating points.
                </P>
                <P>26. The Commission tentatively concludes that 47 CFR 73.872(c) should be modified to specifically permit point aggregation discussions and agreements at any point before the Bureau implements the involuntary time-share procedures, including prior to tentative selectee designations, if any such agreement is conditioned on each of the parties subsequently achieving tentative selectee status. Currently, there is no rule that prohibits LPFM applicants from each filing a separate LPFM application with the intended goal of arriving at a time-sharing agreement, if the agreement is conditioned on each applicant becoming a tentative selectee. The Commission believes organizations interested in filing an LPFM application should have leeway to communicate with other eligible organizations about maximizing their chances to acquire LPFM construction permits and to explore potential time-share construction and operating efficiencies. The Commission believe this type of cooperation can help ensure increased service to the public. The Commission seeks comment on this proposed new rule and on what, if any, safeguards are needed.</P>
                <P>27. The Commission believes the potential for gamesmanship is limited. Any collaboration among applicants prior to the Commission's identification of the tentative selectees is an inherently tentative process. The identity of competing applicants is only determined after the close of the filing window. Claimed points may be rejected by the Commission or challenged by other applicants in the MX group. The proposed rule would negate agreements between tentative selectees and non-tentative selectees. Further, the Commission believes the potential for gamesmanship is limited because each party to the prevailing time-share agreement is required to operate and manage its respective proposed station if its application is granted. Nonetheless, should the Commission consider limiting the number of organizations that can enter into a time-share agreement, so that applicants cannot “stack the deck” in their favor?  </P>
                <P>
                    28. In light of the Commission's proposed rule explicitly allowing applicants to communicate and collaborate on time sharing arrangements, should the Commission reconsider the current process for reapportioning time following the surrender or expiration of a construction permit or license of a time-share party? The Commission solicits comments on ways to reduce the potential for abuse of the air-time reapportionment policy. As proposed previously, should the Commission open a “mini-window” for the filing of applications for the abandoned air-time? Should the Commission limit the period during which reapportionment policies would apply, 
                    <E T="03">e.g.,</E>
                     the first four years of on-air operations? Should the Commission limit eligibility to unsuccessful applicants from the same MX group in the initial window? Are there other procedures or policies the Commission should adopt to deter abuses and promote the fair and efficient use of air time following the cancellation of a time-share authorization?
                </P>
                <P>
                    29. 
                    <E T="03">Establish Procedures for Remaining Tentative Selectees Following Dismissal of Accepted Point Aggregation Time Share Agreements.</E>
                     Under the Commission's rules, an accepted point-aggregation time-share amendment/agreement may subsequently be found to be invalid due to a basic or comparative qualifications defect in the application of a time-share party, or as a result of changed circumstances. The current rules do not establish procedures for the further 
                    <PRTPAGE P="10280"/>
                    processing of the remaining tentative selectees in an affected MX group.
                </P>
                <P>30. The Commission proposes to codify a procedure under which the Bureau would resume the processing of the remaining tentative selectees following the dismissal of a tentatively accepted time-share agreement. Following such dismissal, the Bureau would release a public notice that would initiate a second 90-day period, affording all remaining tentative selectees within the affected MX group a further opportunity to enter into either a universal settlement or a voluntary point-aggregating time-share arrangement in accordance with 47 CFR 73.872(c) and (e). Under this proposal, the Bureau would dismiss all pending point aggregation amendments/agreements when it releases the public notice commencing the new settlement period. The Commission believes that these proposed procedural changes would be fair to all applicants while also promoting core LPFM service goals. The Commission invites comment on this proposal, as well as on other approaches to address this issue in an efficient manner.</P>
                <P>
                    31. 
                    <E T="03">Reclassify Gradual Board Changes as Minor.</E>
                     Under the Commission's current rules, changes in the composition of the governing board of an NCE or LPFM applicant can lead to the dismissal of the pending application. Applicants can make “minor” changes to their application at any time, but a “major” change outside of a filing window will result in dismissal. An ownership change is considered “major” unless at least one of the original parties to the application retains an ownership interest exceeding 50 percent. Many NCE and LPFM applicants are nonstock or membership organizations. Under the Commission's rules, members of the governing board of such entities are generally treated as “owners” and, therefore, are listed as parties to the original application.
                </P>
                <P>32. To address this problem for applicants, the Commission has routinely granted waivers for gradual (although not sudden) majority board changes occurring while a new station application is pending. In making such determinations, the Commission has generally looked at the overall pattern of change in ownership and not at the motivations or specific circumstances surrounding the removal of individual board members. On the other hand, the Commission has taken seriously real-party-in-interest (“takeover”) issues involving outside entities, especially if the applicant's board change occurs suddenly.</P>
                <P>33. The Commission tentatively concludes that it should amend 47 CFR 73.871, 73.3572, and 73.3573 to classify as a “minor” change in ownership board changes in nonstock and membership NCE and LPFM applicants which occur gradually over time and have little or no effect on such organization's mission, even when they result in a change in the majority of such organization's governing board. This proposal would allow those applicants to implement gradual board changes outside a filing window without disqualifying their pending applications. The current system of waivers regarding NCE and LPFM board changes, by its nature, requires staff to analyze the specific circumstances of each subject board change. In practice, this non-standardized approach has led to uncertainty for NCE and LPFM applicants undergoing board changes as a regular or natural part of their organizational function. The Commission also proposes to treat all ownership changes in a governmental applicant as minor, provided that the change has little or no effect on such applicant's mission.</P>
                <P>34. Notwithstanding the Commission's view that gradual changes in boards will not impact the nature of an NCE or LPFM applicant, the Commission remains concerned that sudden board changes are more indicative of gamesmanship and inconsistent with its processing system. Therefore, the Commission propose to continue to treat sudden majority board changes for full service NCE and LPFM applicants as major changes. The Commission seeks comment on these proposals. The Commission also seeks comment on the appropriate definitions of “gradual” and “sudden” in this context. Finally, the Commission requests comment on the costs and benefits of the proposed rule changes and, alternatively, on retaining the current major change rule for such entities and continuing to consider 47 CFR 73.3572, 73.3573, and 73.871 waiver requests on a case-by-case basis.</P>
                <P>35. Commenters supporting the proposed rule change should also address the circumstances, if any, in which even a gradual ownership change (or series of changes) may constitute a break in continuity of control and therefore still be treated as a major ownership change for application purposes. If there are gradual changes that should be treated as a major ownership change, to what extent, if any, should the Commission retain or codify elements of its existing waiver policy? For example, should the Commission attempt to assess whether board changes are “routine” or “non-routine,” and if so, under what standard? Would relevant factors to such an analysis include whether the change occurred pursuant to an annual or special election, revealed hostile or amicable relationships among members of the board, or were part of an effort to address wrongdoing on the part of a board member? Should the Commission assess as part of this analysis whether board changes were taken in accordance with an organization's bylaws and applicable state law? Should the Commission consider whether a board change represented an attempt to gain control of an NCE or LPFM board by an outside entity? Could this concern be adequately addressed by the Commission's real-party-in-interest policies and precedents? Should the Commission take steps to prevent in-house “factions” or members with opposing views from attempting to “gain control” of the applicant? If so, how can the Commission meaningfully distinguish legitimate elections from illicit attempts to “gain control”? For pending applications, what amendment information, if any, should the Commission require from applicants to demonstrate that a board change should be treated as minor? Would a certification be enough? Should the Commission require exhibits or documents that can be verified by competing applicants and, if so, what information should be included?</P>
                <P>36. Finally, the Commission seeks comment on how its ownership proposal might alter, either positively or negatively, the potential for gamesmanship and unfair advantage in the comparative consideration process. When the Commission first proposed to award points to NCE applicants with local governing boards, commenters were concerned that applicants might feign local qualifications by “renting” local citizens or using “strawmen” local incorporators to be replaced with non-local parties after grant. Are there similar concerns about substitution of board members for pending NCE and LPFM applications? To the extent that the Commission is proposing allowing modifications to pending applications in a comparative consideration process, and thus potentially affecting an applicant's position in the ranking queue, it seeks comment on whether existing safeguards adequately address such concerns.</P>
                <P>
                    37. 
                    <E T="03">LPFM-specific transferability issues for permitees and licensees.</E>
                     The Commission proposes to clarify how board changes impact LPFM licensees and permittees in 47 CFR 73.865. Although 47 CFR 73.865(e) permits 
                    <PRTPAGE P="10281"/>
                    sudden changes in control of LPFM boards, the current language of 47 CFR 73.865(d) prohibits the “assignment or transfer of an LPFM construction permit at any time,” with no reference to an exception for either sudden or gradual majority board changes. Similarly, the language of 47 CFR 73.865(c) states that an LPFM licensee may not engage in a transfer or assignment during the three-year holding period from the date of issuance of the license. Neither rule cross-references 47 CFR 73.865(e). For these reasons, the Commission is concerned that the intended relief regarding sudden board changes for LPFM entities has not been fully realized since 47 CFR 73.865(e) was adopted. Therefore, the Commission proposes to clarify that 47 CFR 73.865(e) applies to LPFM permittees and licensees at all times, including during any relevant permit or license holding period. To do so, the Commission proposes to modify the language of 47 CFR 73.865(e) to state that it applies “notwithstanding” the other provisions of 47 CFR 73.865 provided the requirements in 47 CFR 73.865(a) are satisfied and the entity's mission remains the same. The Commission also proposes to clarify that LPFM permittees and licensees that are required under 47 CFR 73.865(e) to file an FCC Form 316 in response to a sudden change in the majority of the governing board must file such form within 30 days of the final event that caused the LPFM permittee or licensee to exceed the 50 percent threshold. The Commission seeks comment on these proposals.  
                </P>
                <P>
                    38. 
                    <E T="03">Clarify Reasonable Site Assurance Requirements.</E>
                     When an NCE or LPFM applicant files its initial application, it must have reasonable assurance that its specified site will be available for the construction and operation of its proposed facilities. Despite the fact that reasonable assurance of the applicant's proposed site is a prerequisite to filing an application, NCE and LPFM station applicants have never been required to certify the availability of proposed transmitter sites in the FCC Form 340 or Form 318 application. Further, the Instructions to the FCC Form 318 and FCC Form 340 do not explain the Commission's site availability requirements or remind applicants that reasonable site assurance is a prerequisite to application filing. Accordingly, some LPFM and NCE applicants were under the false assumption that reasonable site assurance was not required. Applicants routinely and successfully filed petitions to deny against competing applicants for lack of site assurance.
                </P>
                <P>39. The Commission tentatively concludes that certain application form and instruction changes for NCE and LPFM applicants are necessary to promote compliance with the reasonable site assurance requirement and the efficient processing of applications. The Commission proposes to amend the FCC Form 340 and Form 318 to require an applicant to certify that it has obtained reasonable assurance from the tower owner, its agent, or authorized representative that the specified site will be available. The Commission also proposes to update the FCC Form 340 and 318 Instructions to explain the requirement of obtaining reasonable site availability prior to the application filing. Further, the Commission proposes to require NCE and LPFM applicants to retain and submit to the Commission, upon request, information and material documentation to establish the basis on which reasonable assurance has been obtained, including, for example, the name and telephone number of the person contacted, and whether the contact is a tower owner, agent, or authorized representative. Alternatively, should this substantiating information be required as part of the FCC Form 340 or Form 318 filing? Would the requirement to provide such detailed information create an unnecessary burden on applicants, or prove useful in expediting the processing of applications? Is the requirement necessary in light of the difference between these processes and the financial incentives associated with applications subject to auction bidding and payment procedures? The Commission seeks comments on these proposals and invites comments on other methods to minimize frivolous applications and deter site availability challenges.</P>
                <P>
                    40. 
                    <E T="03">Streamline Tolling Procedures and Notification Requirements.</E>
                     Broadcast construction permits terminate and, thus, are forfeited, if the permittee does not complete construction and file a covering license application prior to expiration. The Commission will, however, “toll” the broadcast construction period, 
                    <E T="03">i.e.,</E>
                     temporarily stop the “construction clock,” upon prompt notification that an original construction permit is encumbered by one of five circumstances beyond the permittee's control, including, among others, administrative or judicial review of the permit grant. Tolling begins on the date of the encumbrance, provided that the permittee promptly notifies the Commission, usually by a simple letter, within 30 days of the tolling event. Tolling treatment is not automatic but, rather, notification-based. Thus, absent a permittee notification, the construction period will continue to run. The notification requirement applies even when the permit is encumbered by circumstances involving the Commission itself, such as when a petition for reconsideration of the grant of a permit is pending, or when a new station permit condition ties program test authority to the initiation of program tests by a second affected station.
                </P>
                <P>41. The Commission proposes to modify its tolling procedures for NCE and LPFM permittees, including the current tolling notification requirements for these services. The Commission recognizes that NCE and LPFM permittees often fail to notify the Commission within 30 days of a tolling event because they are inexperienced with tolling procedures or are attempting to complete the licensing process without legal counsel. Such permittees may lose substantial construction time or forfeit their authorizations altogether despite a willingness to construct once encumbrances beyond their control are resolved.</P>
                <P>42. The Commission proposes to identify and place into a tolling posture any original NCE or LPFM construction permit: (1) That includes a condition on the commencement of operations and the Commission has a direct licensing role in the satisfaction of this condition; or (2) that is subject to administrative or judicial review of the permit grant. In such situations, the staff would add appropriate tolling codes to the broadcast database. The Commission tentatively concludes that permits tolled by staff under these revised procedures should not be subject to the six-month update requirement. The Commission also would be responsible for ending tolling treatment upon the resolution of the pertinent encumbrance, again limited to NCE and LPFM permittees. Further, the Commission believes that its proposal would be manageable with existing agency resources because it is limited to aiding NCE and LPFM stations, services which have more commonly encountered challenges with the current tolling procedures. The Commission seek comment on these proposed changes.</P>
                <P>
                    43. 
                    <E T="03">Lengthen LPFM Construction Period.</E>
                     The Commission established an eighteen-month construction period for LPFM permittees based on the belief that LPFM permittees would be able to construct their stations in a shorter period of time than permittees of full 
                    <PRTPAGE P="10282"/>
                    power FM stations, which are afforded three years (36 months) to build. The Commission also subsequently adopted a proposal to allow LPFM permittees to request one 18-month extension to complete construction of their facilities upon a showing of good cause. This is codified in 47 CFR 73.3598(a).
                </P>
                <P>
                    44. The Commission proposes to lengthen the construction period for LPFM permittees to a full three years. It proposes to apply the extended construction period to both existing LPFM permits, which have not yet expired as of the effective date of the new rule, if adopted, and prospectively to new permits granted after the proposed new rule takes effect. In comments filed in the 
                    <E T="03">Modernization of Media Regulation Initiative</E>
                     docket, REC Networks (REC) noted that 48 percent of applicants issued permits following the 2013 LPFM filing window have requested an 18-month extension and that many LPFM permittees face construction challenges similar to those of full service FM permittees. The Commission agrees that LPFM permittees have encountered more challenges than initially anticipated and have often been unable to construct within 18 months. As REC notes, stations operating pursuant to second adjacent channel waivers, made possible by the Local Community Radio Act of 2011 (LCRA), can be more technically complex to build. Additionally, the Commission has found that many permittees have requested construction extensions in order to raise additional funds and deal with local zoning and siting complications. LPFM applicants, who are often inexperienced with the intricacies of broadcasting, can be ill-prepared to handle such challenges in an 18-month period. Accordingly, the Commission seeks comment on this proposal to lengthen the LPFM construction period and asks if amending the rules to provide LPFM permittees a full three-year construction period would provide relief to LPFM permittees struggling to complete construction of their stations and eliminate the administrative burdens associated with filing waiver requests?
                </P>
                <P>
                    45. 
                    <E T="03">Modify Restrictions on the Transfer and Assignment of LPFM Authorizations.</E>
                     When the Commission established the LPFM service, it initially prohibited the transfer and assignment of LPFM authorizations. The Commission subsequently allowed the assignment and transfer of LPFM licenses, subject to the conditions that: (1) Licenses could not be sold for consideration exceeding the depreciated fair market value of the physical equipment and facilities of the station; (2) assignees and transferees must satisfy all eligibility criteria at the time they applied for the LPFM license; and (3) licenses were subject to a three-year holding period during which they could not be assigned or transferred.
                </P>
                <P>
                    46. In comments filed in the 
                    <E T="03">Modernization of Media Regulation Initiative,</E>
                     REC argues that the three-year holding period for LPFM licenses and the prohibition on the assignment and transfer of LPFM permits should be eliminated. REC notes that several applicants awarded construction permits following the 2013 LPFM window were unable to construct and attempted to assign their permits to prevent expiration, but were unable to do so because of the 47 CFR 73.865(d) restriction. As a safeguard, REC proposes that an 18-month holding period apply to the assignment and transfer of original construction permits. Following 18 months from the issuance of the original construction permit, REC proposes that LPFM permittees be allowed to assign or transfer the permit to a party that, in cases where the permittee obtained the permit through the comparative points process, meets or exceeds the assignor's point total. Finally, to promote continuation of service where a licensee is no longer willing or able to operate the station, REC proposes to eliminate the three-year holding period on assigning and transferring LPFM licenses.
                </P>
                <P>47. The Commission tentatively concludes that it should eliminate both the absolute prohibition on the assignment and transfer of LPFM construction permits and the three-year holding period for LPFM licenses. Specifically, the Commission proposes to permit parties to assign or transfer LPFM permits and station licenses, provided that the following safeguards are satisfied: (1) The assignment or transfer does not occur prior to 18 months from the date of issue of the initial construction permit; (2) consideration promised or received does not exceed the legitimate and prudent expenses of the assignor or transferor; (3) the assignee or transferee satisfies all eligibility criteria that apply to a LPFM license; and (4) for a period of time commencing with the grant of any permit awarded on the basis of the comparative point system provisions of 47 CFR 73.872, and continuing until the station has achieved at least four years of on air operations, (a) the assignee or transferee must meet or exceed those points awarded to the LPFM tentative selectee, and (b) for LPFM stations selected in accordance with the involuntary time-sharing provisions of 47 CFR 73.872(d), the date the assignee or transferee was “locally established” must be the same as or earlier than the date of the most recently established local applicant in the tied MX group.</P>
                <P>48. The Commission invites comments on these proposed changes and safeguards and asks if eliminating the three-year holding period for LPFM licenses would make these stations more viable and prevent the loss of LPFM service? Conversely, would such changes create opportunities for gamesmanship? If so, what additional safeguards would be effective to ensure that the LPFM service retains its noncommercial, non-profit, hyperlocal character and deter speculation in LPFM authorizations?</P>
                <HD SOURCE="HD1">Procedural Matters  </HD>
                <P>
                    49. 
                    <E T="03">Initial Regulatory Flexibility Analysis.</E>
                     As required by the Regulatory Flexibility Act of 1980, as amended (RFA), the Commission has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on a substantial number of small entities by the policies proposed in the 
                    <E T="03">NPRM.</E>
                     Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments on the 
                    <E T="03">NPRM</E>
                     provided in paragraph 89. The Commission will send a copy of this entire 
                    <E T="03">NPRM,</E>
                     including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (SBA). In addition, the 
                    <E T="03">NPRM</E>
                     and the IRFA (or summaries thereof) will be published in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <P>
                    50. 
                    <E T="03">Need for, and Objectives of, the Proposed Rule Changes.</E>
                     The Commission initiates this rulemaking proceeding to obtain comments concerning certain proposals designed to clarify and simplify the point systems used to evaluate competing applications for noncommercial educational (NCE) broadcast stations (full-service FM, full power television, and FM translator) and low power FM (LPFM) broadcast stations, and related NCE and LPFM rules. Specifically, the Commission seeks comment on the following: (1) Whether to eliminate the current requirement that NCE applicants amend their governing documents to pledge that localism/diversity be maintained in order to receive points as “established local applicants” and for “diversity of ownership,”; (2) whether to award points based on contingent pledges to divest interests in existing full-service stations if the divestiture is not yet implemented by close of the application filing window; (3) whether to alter tie-
                    <PRTPAGE P="10283"/>
                    breaker criteria to reduce the need for mandatory time-sharing and/or to adopt procedures that would minimize some of the drawbacks of mandatory time-sharing; (4) whether to clarify aspects of the “holding period” by which NCE permittees maintain the characteristics for which they received comparative preferences and to specify consequences for non-compliance; (5) whether to codify the rules to prohibit LPFM applicants from filing corrective amendments to resolve basic qualification issues under 47 CFR 73.854; (6) whether to codify the permissibility of LPFM applicants to discuss their intent to aggregate points and time-share prior to the filing of LPFM applications; (7) whether to establish a process for LPFM point aggregation time-share agreements that have been accepted, but later deemed invalid; (8) whether, for LPFM and NCE applicants, to reclassify as “minor” all changes to governmental applicants and gradual board changes in nonstock and membership applicants; (9) whether to modify the NCE and LPFM application forms to clarify the existing requirement for applicants to obtain reasonable assurance of site availability; (10) whether to toll NCE and LPFM broadcast construction deadlines without notification from the permittee, based on certain pleadings pending before, or actions taken by, the agency; (11) whether to revise the LPFM construction period from 18 months to 3 years; (12) whether to allow assignment and transfer of LPFM construction permits after an 18-month holding period; and (13) whether to eliminate the three-year holding period for the assignment and transfer of LPFM licenses. Additionally, the Commission seeks comment on any additional proposals designed to reduce burdens upon NCE and LPFM broadcasters, or to enhance NCE and LPFM service to the public. The Commission's objectives are to clarify comparative requirements, minimize confusion among applicants, deter speculative applications, and initiate service to the public quickly and efficiently.
                </P>
                <P>
                    51. 
                    <E T="03">Legal Basis.</E>
                     The authority for this proposed rulemaking is contained in Sections 1, 2, 4(i), 301, 303, 307, 316, and 403 of the Communications Act of 1934, 47 U.S.C. 151, 152, 154(i), 301, 303, 307, 316, and 403.
                </P>
                <P>
                    52. 
                    <E T="03">Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply.</E>
                     The RFA directs the Commission to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by the proposed rules. The RFA generally defines the term “small entity” as encompassing the terms “small business,” “small organization,” and “small governmental entity.” In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA). The proposed rules will apply to applicants, permittees, and licensees within the LPFM service, NCE full power television service, and to radio stations licensed to operate on channels reserved as “noncommercial educational,” either within the reserved band of the FM spectrum or designated solely for noncommercial educational FM use in a particular area through the Commission's allocations process. Most affected entities will be applicants for which a “point system” process is used to compare their qualifications with those of competing applicants. However, the proposals concerning minor changes to pending applications, reasonable site assurance, and tolling of broadcast construction deadlines will also affect applications granted outside of the comparative process, such as those that are “singletons” or resolved by settlement among originally conflicting parties.
                </P>
                <P>
                    53. 
                    <E T="03">NCE FM Radio Stations.</E>
                     The proposed policies could apply to NCE FM radio broadcast licensees, and potential licensees of NCE FM radio service. The SBA defines a radio broadcast station as a small business if such station has no more than $38.5 million in annual receipts. Business concerns included in this industry are those primarily engaged in broadcasting aural programs by radio to the public. Radio stations that the Commission would consider commercial, as well as those it would consider NCE stations, are included in this industry. With respect to current licensees, a Commission staff review of the BIA Publications, Inc. Master Access Radio Analyzer Database reflects that as of June 8, 2017, all 4,404 (100 percent) of radio stations operating as noncommercial have revenues of $38.5 million or less and thus qualify as small entities under the SBA definition. Of these, no more than 4,112 authorized stations are potentially affected by the proposals because they are licensed as NCE stations, whereas BIA data also includes stations that are not licensed as NCE stations but choose to operate with a noncommercial format. The estimate may overstate the number of potentially affected licensees because it includes stations that would not be affected by the proposals, including those that have been authorized by methods other than a point system, already met construction deadlines, and/or are no longer subject to a holding period. The estimate may also overstate the number of small entities because in assessing whether a business concern qualifies as small under the above definition, business (control) affiliations must be included. The Commission's estimate considers each station separately and does not include or aggregate revenues from affiliated organizations or from commonly controlled stations.
                </P>
                <P>54. The proposals will primarily impact potential licensees. The Commission accepts applications for new NCE FM radio broadcast stations in filing windows. There are no pending applications remaining from previous NCE FM filing windows. The Commission anticipates that in future filing windows it will receive a number of applications similar to past filing windows and that all such applicants will qualify as small entities. The last filing window for reserved band FM spectrum occurred in 2007 and generated approximately 3,600 applications of which approximately 2,700 were mutually exclusive. The last filing window for channels reserved for NCE use through the allotment process was held in 2010, and generated 323 applications, virtually all of which were mutually exclusive. This estimate may overstate the number of potentially affected applicants because filing windows typically include some proposals that need not be resolved by a point system, such as those resolved through settlement agreements.</P>
                <P>
                    55. An additional element of the definition of “small business” is that the entity not be dominant in its field of operation. The Commission is unable at this time to define or quantify the criteria that would establish whether a specific radio station is dominant in its field of operation. Accordingly, the estimate of small businesses to which the proposed rules may apply does not exclude any radio station from the definition of a small business on this basis and therefore may be over-inclusive to that extent. Also, as noted, an additional element of the definition of “small business” is that the entity must be independently owned and operated. The Commission notes that it is difficult at times to assess these criteria in the context of media entities, and its estimates of small businesses to which they apply may be over-inclusive to this extent.
                    <PRTPAGE P="10284"/>
                </P>
                <P>
                    56. 
                    <E T="03">FM Translator Stations and Low Power FM Stations.</E>
                     The proposed policies could affect licensees of FM translator stations and LPFM stations, as well as potential licensees in these radio services. The same SBA definition that applies to radio broadcast licensees would apply to these stations. The SBA defines a radio broadcast station as a small business if such station has no more than $38.5 million in annual receipts. Given the nature of NCE FM translators and LPFM stations, the Commission will presume that all such licensees qualify as small entities under the SBA definition. Currently, there are approximately 1,924 licensed LPFM stations. There are 7,453 licensed FM translator and booster stations, but the booster stations and commercial translators included in this number will not be affected by the proposals. In addition, there are approximately four pending mutually exclusive noncommercial applications filed in the 2003 FM translator filing window and 11 pending applications filed in the 2013 LPFM filing window. The proposal would primarily affect applicants in future FM translator and LPFM windows. The Commission anticipates that in future filing windows it will receive a number of applications similar to past filing windows and that all applicants will qualify as small entities. The last LPFM filing window in 2013 generated approximately 2,827 applications. The 2003 FM translator filing window generated approximately several hundred applications from NCE applicants, of which approximately 69 were mutually exclusive.  
                </P>
                <P>
                    57. 
                    <E T="03">NCE Television Stations.</E>
                     This economic Census category “comprises establishments primarily engaged in broadcasting images together with sound. These establishments operate television broadcasting studios and facilities for the programming and transmission of programs to the public.” These establishments also produce or transmit visual programming to affiliated broadcast television stations, which in turn broadcast the programs to the public on a predetermined schedule. Programming may originate in their own studio, from an affiliated network, or from external sources. The SBA has created the following small business size standard for Television Broadcasting firms: those having $38.5 million or less in annual receipts. The 2012 economic Census reports that 751 television broadcasting firms operated during that year. Of that number, 656 had annual receipts of less than $25 million per year. Based on that Census data, the Commission concludes that a majority of firms that operate television stations are small. Specifically, the Commission has estimated the number of licensed noncommercial educational (NCE) television stations to be 390. These stations are non-profit, and therefore considered to be small entities. The Commission therefore estimates that the majority of noncommercial television broadcasters are small entities.
                </P>
                <P>58. The Commission notes, however, that in assessing whether a business concern qualifies as small under the above definition, business (control) affiliations must be included. The Commission's estimate, therefore, likely overstates the number of small entities that might be affected by its action because the revenue figure on which it is based does not include or aggregate revenues from affiliated companies. In addition, an element of the definition of “small business” is that the entity not be dominant in its field of operation. The Commission is unable at this time to define or quantify the criteria that would establish whether a specific television station is dominant in its field of operation. Accordingly, the estimate of small businesses to which rules may apply does not exclude any television station from the definition of a small business on this basis and is therefore possibly over-inclusive to that extent.</P>
                <P>
                    59.
                    <E T="03"> Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements.</E>
                     The proposed rule and procedural changes may, in some cases, impose different reporting requirements on potential NCE full service stations, NCE FM Translators, and LPFM licensees and permittees. The 
                    <E T="03">NPRM</E>
                     proposes a new submission of information verifying that the applicant obtained reasonable assurance of site availability. Any additional burden would be minimal, however, because the underlying requirement to obtain such assurance currently exists and would not change. Likewise, NCE applicants seeking points as “established local applicants” or for “diversity of ownership” would provide information that is different from that currently required. The Commission believes that the new information would be simpler for applicants to produce because applicants would no longer be required to amend their governing documents. Elimination of certain tolling notification requirements could decrease burdens on applicants that experience encumbrances preventing construction. An NCE or LPFM permittee could receive additional construction time for which it qualifies without initiating a process to notify the Commission of actions taken by or pending within the Commission. If the Commission revises the LPFM construction period to three years, LPFM permittees needing more than the current 18-month construction period would no longer need to file and justify requests for an 18-month extension. Finally, if the Commission were to adopt its proposals to clarify and/or modify application requirements that applicants have found confusing, this would reduce burdens on such applicants to file and/or respond to petitions challenging point claims.
                </P>
                <P>
                    60. 
                    <E T="03">Steps Taken to Minimize Significant Impact on Small Entities and Significant Alternatives Considered.</E>
                     The RFA requires an agency to describe any significant alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): (1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance or reporting requirements under the rule for small entities; (3) the use of performance, rather than design, standards; and (4) an exemption from coverage of the rule, or any part thereof, for small entities.
                </P>
                <P>
                    61. In the 
                    <E T="03">NPRM,</E>
                     the Commission seeks to assist NCE full service broadcast stations, NCE FM Translator, and LPFM broadcast applicants by clarifying and simplifying requirements for claiming and maintaining qualities that are used to compare competing applications. The proposals, if adopted, would enable such applicants: (1) To claim comparative points without the burdensome process of amending their governing documents; (2) to maintain existing full-service broadcast operations by making contingent pledges that do not require divestment of existing interests prior to application grant; and (3) to make certain changes to their governing boards without facing dismissal. The proposals would also: (1) Alter tie-breaker criteria to reduce the need for the currently unpopular use of mandatory time-sharing; (2) eliminate the “holding period” for LPFM licenses, clarify the NCE “holding period” rule, and increase flexibility of applicants receiving comparative preferences to satisfy the “maintenance of comparative qualifications” requirements; (3) clarify that LPFM applicants cannot cure prior unauthorized “pirate” operations by removing the alleged pirates from their boards; (4) reduce challenges based on reasonable assurance of site availability; (5) toll NCE and LPFM broadcast construction deadlines without 
                    <PRTPAGE P="10285"/>
                    notification about certain matters known to the agency; (6) provide at the outset a longer construction period for LPFM stations; and (7) permit the assignment and transfer of LPFM permits after 18 months. The Commission seeks comment as to whether its goals of providing new NCE and LPFM service to the public, limiting speculation, and clarifying requirements could effectively be accomplished through these means. The Commission is open to consideration of alternatives to the proposals under consideration, as set forth herein, including but not limited to alternatives that will minimize the burden on NCE and LPFM broadcasters, virtually all of whom are small businesses. There may be unique circumstances these entities may face, and the Commission will consider appropriate action for small broadcasters when preparing a Report and Order in this matter.
                </P>
                <P>
                    62. 
                    <E T="03">Federal Rules that May Duplicate, Overlap, or Conflict with the Proposed Rule.</E>
                     None.
                </P>
                <HD SOURCE="HD1">Paperwork Reduction Act</HD>
                <P>
                    63. The 
                    <E T="03">NPRM</E>
                     contains proposed new or modified information collections. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and the Office of Management and Budget (OMB) to comment on the information collection requirements proposed in the 
                    <E T="03">NPRM,</E>
                     as required by the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. In addition, pursuant to the Small Business Paperwork Relief Act of 2002 (SBPRA), Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission seeks specific comment on how it might further reduce the information collection burden for small business concerns with fewer than 25 employees.
                </P>
                <HD SOURCE="HD2">Ex Parte Rules</HD>
                <P>
                    64. 
                    <E T="03">Permit But Disclose.</E>
                     The proceeding this 
                    <E T="03">NPRM</E>
                     initiates shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. Persons making ex parte presentations must file a copy of any written presentation or memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to the Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with 47 CFR 1.1206(b). In proceedings governed by 47 CFR 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (
                    <E T="03">e.g.,</E>
                     .doc, .xml, .ppt, searchable.pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.
                </P>
                <HD SOURCE="HD2">Filing Procedures</HD>
                <P>
                    65. Pursuant to §§ 1.415 and 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: 
                    <E T="03">http://www.fcc.gov/ecfs/.</E>
                </P>
                <P>
                    • 
                    <E T="03">Electronic Filers:</E>
                     Comments may be filed electronically using the internet by accessing the ECFS: 
                    <E T="03">http://www.fcc.gov/ecfs/.</E>
                </P>
                <P>
                    • 
                    <E T="03">Paper Filers:</E>
                     Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.
                </P>
                <P>• All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.</P>
                <P>• Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701.</P>
                <P>• U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW, Washington DC 20554.</P>
                <P>
                    • 
                    <E T="03">People with Disabilities:</E>
                     To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an email to 
                    <E T="03">fcc504@fcc.gov</E>
                     or call the Consumer &amp; Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).
                </P>
                <HD SOURCE="HD1">Ordering Clauses</HD>
                <P>
                    66. 
                    <E T="03">It is ordered</E>
                     that, pursuant to sections 1, 2, 4(i), 301, 303, 307, 316, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 301, 303, 307, 316, and 403, this Notice of Proposed Rule Making 
                    <E T="03">is adopted</E>
                    .
                </P>
                <P>
                    67. 
                    <E T="03">It is further ordered</E>
                     that the Consumer and Governmental Affairs Bureau, Reference Information Center, 
                    <E T="03">shall send</E>
                     a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration, and shall cause it to be published in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <FP>Federal Communications Commission.</FP>
                    <NAME>Katura Jackson,</NAME>
                    <TITLE>Federal Register Liaison Officer, Office of the Secretary.</TITLE>
                </SIG>
                  
                <HD SOURCE="HD1">Proposed Rules</HD>
                <P>For the reasons discussed in the preamble, the Federal Communications Commission propose to amend 47 CFR part 73 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 73—RADIO BROADCAST SERVICES</HD>
                </PART>
                <AMDPAR>1. The authority citation for part 73 continues to read as follows:</AMDPAR>
                <AUTH>
                    <HD SOURCE="HED">Authority: </HD>
                    <P> 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339.</P>
                </AUTH>
                <AMDPAR>2. Section 73.854 is revised to read as follows:</AMDPAR>
                <SECTION>
                    <SECTNO>§ 73.854 </SECTNO>
                    <SUBJECT> Unlicensed radio operations.</SUBJECT>
                    <P>
                        No application for an LPFM station may be granted unless the applicant certifies, under penalty of perjury, that 
                        <PRTPAGE P="10286"/>
                        neither the applicant, nor any party to the application, has engaged in any manner, including individually or with persons, groups, organizations or other entities, in the unlicensed operation of any station in violation of Section 301 of the Communications Act of 1934, as amended, 47 U.S.C. 301. If an application is dismissed pursuant to this section, the applicant is precluded from seeking 
                        <E T="03">nunc pro tunc</E>
                         reinstatement of the application and/or changing its directors to resolve the basic qualification issues.
                    </P>
                </SECTION>
                <AMDPAR>3. Section 73.865 is amended by revising paragraph (a) introductory text, paragraphs (a)(1) and (2), adding new paragraph (a)(3), revising paragraphs (b) and (c), removing paragraph (d), redesignating paragraph (e) as paragraph (d), and revising the newly redesignated paragraph (d) to read as follows:</AMDPAR>
                <SECTION>
                    <SECTNO>§ 73.865 </SECTNO>
                    <SUBJECT> Assignment and transfer of LPFM permits and licenses.</SUBJECT>
                    <P>
                        (a) 
                        <E T="03">Assignment/Transfer:</E>
                         No party may assign or transfer an LPFM permit or license if:
                    </P>
                    <P>
                        (1) Consideration promised or received exceeds the legitimate and prudent expenses of the assignor or transferor. For purposes of this section, legitimate and prudent expenses are those expenses reasonably incurred by the assignor or transferor in obtaining and constructing the station (
                        <E T="03">e.g.,</E>
                         expenses in preparing an application, in obtaining and installing broadcast equipment to be assigned or transferred, etc.). Costs incurred in operating the station are not recoverable (
                        <E T="03">e.g.</E>
                         rent, salaries, utilities, music licensing fees, etc.) Legitimate and prudent expenses will also include the depreciated fair market value of the physical equipment and facilities of the station;
                    </P>
                    <P>(2) The assignee or transferee is incapable of satisfying all eligibility criteria that apply to a LPFM licensee; or</P>
                    <P>(3) For a period of time commencing with the grant of any construction permit awarded based on the comparative point system, § 73.872, and continuing until the station has achieved at least four years of on air operations,</P>
                    <P>(i) The assignee or transferee cannot meet or exceed the points awarded to the initial applicant; or</P>
                    <P>(ii) Where the original LPFM construction permit was issued based on a point system tie-breaker, the assignee or transferee does not have a “locally established date,” as defined in § 73.853(b), that is the same as, or earlier than, the date of the most recently established local applicant in the tied MX group. Any successive applicants proposing to assign or transfer the construction permit or license prior to the end of the aforementioned period will be required to make the same demonstrations. This restriction does not apply to construction permits that are awarded to non-mutually exclusive applicants or through settlement.</P>
                    <P>(b) A change in the name of an LPFM permittee or licensee where no change in ownership or control is involved may be accomplished by written notification by the permittee or licensee to the Commission.</P>
                    <P>
                        (c) 
                        <E T="03">Holding period:</E>
                         A construction permit cannot be assigned or transferred for 18 months from the date of issue.
                    </P>
                    <P>
                        (d) Notwithstanding the other provisions in § 73.865, transfers of control involving a sudden or gradual change of more than 50 percent of an LPFM's governing board are not prohibited, provided that the mission of the entity remains the same and the requirements of § 73.865(a) are satisfied. Sudden majority board changes shall be submitted as a 
                        <E T="03">pro forma</E>
                         ownership change within 30 days of the change or final event that caused the LPFM permittee or licensee to exceed the 50 percent threshold.
                    </P>
                </SECTION>
                <AMDPAR>4. Section 73.871 is amended by revising paragraph (c) introductory text and paragraph (c)(3) to read as follows:  </AMDPAR>
                <SECTION>
                    <SECTNO>§ 73.871 </SECTNO>
                    <SUBJECT> Amendment of LPFM broadcast station applications.</SUBJECT>
                    <STARS/>
                    <P>(c) Only minor amendments to new and major change applications will be accepted after the close of the pertinent filing window. Subject to the provisions of this section, such amendments may be filed as a matter of right by the date specified in the FCC's Public Notice announcing the acceptance of such applications. For the purposes of this section, minor amendments are limited to:</P>
                    <STARS/>
                    <P>(3) Changes in ownership where the original party or parties to an application either:</P>
                    <P>(i) Retain more than a 50 percent ownership interest in the application as originally filed; or</P>
                    <P>(ii) Retain an ownership interest of 50 percent or less as the result of gradual governing board changes in a nonstock or membership applicant with little or no effect on such organization's mission. All changes in a governmental applicant are considered minor, provided that the applicant entity remains unchanged.</P>
                    <STARS/>
                </SECTION>
                <AMDPAR>5. Section 73.872 is amended by revising paragraph (c) introductory text and adding paragraph (c)(5) to read as follows:</AMDPAR>
                <SECTION>
                    <SECTNO>§ 73.872 </SECTNO>
                    <SUBJECT> Selection procedure for mutually exclusive LPFM applications.</SUBJECT>
                    <STARS/>
                    <P>
                        (c) 
                        <E T="03">Voluntary time-sharing.</E>
                         If mutually exclusive applications have the same point total, any two or more of the tied applicants may propose to share use of the frequency by electronically submitting, within 90 days of the release of a public notice announcing the tie, a time-share proposal. Such proposals shall be treated as minor amendments to the time-share proponents' applications, and shall become part of the terms of the station authorization. Where such proposals include all of the tied applications, all of the tied applications will be treated as tentative selectees; otherwise, time-share proponents' points will be aggregated. Applicants may agree, at any time before the Media Bureau implements the involuntary time-share procedures pursuant to § 73.872(d), to aggregate their points to enter into a time-share agreement. Applicants can only aggregate their points and submit a time-share agreement if each is designated a tentative selectee in the same mutually exclusive group, and if each applicant has the basic qualifications to receive a grant of its application.
                    </P>
                    <STARS/>
                    <P>(5) In the event a tentatively accepted time-share agreement is dismissed, the Commission staff will release another public notice, initiating a second 90-day period for all remaining tentative selectees within the affected MX group to enter into either a voluntary time-share arrangement or a universal settlement in accordance with paragraphs (c) or (e) of this Section.</P>
                    <STARS/>
                </SECTION>
                <AMDPAR>6. Section 73.3572 is amended by revising paragraph (b) to read as follows:</AMDPAR>
                <SECTION>
                    <SECTNO>§ 73.3572 </SECTNO>
                    <SUBJECT> Processing TV broadcast, Class A TV broadcast, low power TV, TV translators, and TV booster applications.</SUBJECT>
                    <STARS/>
                    <P>
                        (b) A new file number will be assigned to an application for a new station or for major changes in the facilities of an authorized station, when it is amended so as to effect a major change, as defined in paragraphs (a)(1) or (a)(2) of this section, or result in a situation where the original party or parties to the application do not retain more than 50 percent ownership interest in the application as originally filed, and § 73.3580 will apply to such amended application. However, a change in ownership is minor if the original party or parties to an 
                        <PRTPAGE P="10287"/>
                        application for a noncommercial educational full power television station retain an ownership interest of 50 percent or less in the application as originally filed as the result of a gradual governing board change in a nonstock or membership applicant with little or no effect on such organization's mission. An application for change in the facilities of any existing station will continue to carry the same file number even though (pursuant to FCC approval) an assignment of license or transfer of control of such licensee or permittee has taken place if, upon consummation, the application is amended to reflect the new ownership.
                    </P>
                    <STARS/>
                </SECTION>
                <AMDPAR>7. Section 73.3573 is amended by revising paragraph (a)(1) to read as follows:</AMDPAR>
                <SECTION>
                    <SECTNO>§ 73.3573 </SECTNO>
                    <SUBJECT> Processing FM broadcast station applications.</SUBJECT>
                    <P>(a) * * *</P>
                    <P>(1) In the first group are applications for new stations or for major changes of authorized stations. A major change in ownership is one in which the original party or parties to the application do not retain more than 50 percent ownership interest in the application as originally filed, except that a change in ownership is minor if the original party or parties to an application for a reserved channel NCE FM station retain an ownership interest of 50 percent or less in the application as originally filed as the result of a gradual governing board change in a nonstock or membership applicant with little or no effect on such organization's mission. In the case of a Class D or an NCE FM reserved band channel station, a major facility change is any change in antenna location which would not continue to provide a 1 mV/m service to some portion of its previously authorized 1 mV/m service area. In the case of a Class D station, a major facility change is any change in community of license or any change in frequency other than to a first-, second-, or third-adjacent channel. A major facility change for a commercial or a noncommercial educational full service FM station, a winning auction bidder, or a tentative selectee authorized or determined under this part is any change in frequency or community of license which is not in accord with its current assignment, except for the following:</P>
                    <STARS/>
                </SECTION>
                <AMDPAR>8. Section 73.3598 is amended by revising paragraph (a) introductory text, paragraph (b) introductory text, and paragraph (b)(3), adding paragraph (b)(4), and revising paragraphs (c) and (d) to read as follows:</AMDPAR>
                <SECTION>
                    <SECTNO>§ 73.3598 </SECTNO>
                    <SUBJECT> Period of construction.</SUBJECT>
                    <P>(a) Except as provided in the last two sentences of this paragraph, each original construction permit for the construction of a new TV, AM, FM or International Broadcast; low power TV; low power FM; TV translator; TV booster; FM translator; or FM booster station, or to make changes in such existing stations, shall specify a period of three years from the date of issuance of the original construction permit within which construction shall be completed and application for license filed. An eligible entity that acquires an issued and outstanding construction permit for a station in any of the services listed in this paragraph shall have the time remaining on the construction permit or eighteen months from the consummation of the assignment or transfer of control, whichever is longer, within which to complete construction and file an application for license. For purposes of the preceding sentence, an “eligible entity” shall include any entity that qualifies as a small business under the Small Business Administration's size standards for its industry grouping, as set forth in 13 CFR 121 through 201, at the time the transaction is approved by the FCC, and holds</P>
                    <STARS/>
                    <P>(b) The period of construction for an original construction permit shall toll when construction is prevented by the following causes not under the control of the permittee:</P>
                    <STARS/>
                    <P>(3) A request for international coordination, with respect to an original construction permit for a new DTV station, has been sent to Canada or Mexico on behalf of the station and no response from the country affected has been received, or the licensee or permittee is challenging the response from Canada or Mexico on the grounds that the facility as approved would not permit the station to serve the population that is both approved by the Commission and served by the station's TV (analog) facility to be vacated by June 12, 2009; or</P>
                    <P>(4) Failure of a Commission-imposed condition precedent prior to commencement of operation.</P>
                    <P>
                        (c) A permittee must notify the Commission as promptly as possible and, in any event, within 30 days, of any pertinent event covered by paragraph (b) of this section, and provide supporting documentation. All notifications must be filed in triplicate with the Secretary and must be placed in the station's local public file. For authorizations to construct stations in the Low Power FM service, on FM channels reserved for noncommercial educational use, and for noncommercial educational full power television stations, the Commission will identify and grant an initial period of tolling when the grant of a construction permit is encumbered by administrative or judicial review under the Commission's direct purview (
                        <E T="03">e.g.,</E>
                         petitions for reconsideration and applications for review of the grant of a construction permit pending before the Commission and any judicial appeal of any Commission action thereon), or failure of a condition under paragraph (b)(4) of this section. When a permit is encumbered by administrative or judicial review outside of the Commission's direct purview (
                        <E T="03">e.g.,</E>
                         local, state, or non-FCC federal requirements), the permittee is required to notify the Commission of such tolling events.  
                    </P>
                    <P>(d) A permittee must notify the Commission promptly when a relevant administrative or judicial review is resolved. Tolling resulting from an act of God will automatically cease six months from the date of the notification described in paragraph (c) of this section, unless the permittee submits additional notifications at six-month intervals detailing how the act of God continues to cause delays in construction, any construction progress, and the steps it has taken and proposes to take to resolve any remaining impediments. For authorizations to construct stations in the Low Power FM service, on FM channels reserved for noncommercial educational use, and for noncommercial educational full power television stations, the Commission will cease the tolling treatment and notify the permittee upon resolution of either:</P>
                    <P>(1) Any encumbrance by administrative or judicial review of the grant of the construction permit under the Commission's direct purview, or</P>
                    <P>(2) The condition on the commencement of operations under paragraph (b)(4) of this section.</P>
                    <STARS/>
                </SECTION>
                <AMDPAR>9. Section 73.7002 is amended by revising paragraph (c) introductory text to read as follows:</AMDPAR>
                <SECTION>
                    <SECTNO>§ 73.7002 </SECTNO>
                    <SUBJECT> Fair distribution of service on reserved band FM channels.</SUBJECT>
                    <STARS/>
                    <P>
                        (c) For a period of four years of on air operations, an applicant receiving a decisive preference pursuant to this section is required to construct and operate technical facilities substantially as proposed. During this period, such applicant may make minor modifications to its authorized facilities, 
                        <PRTPAGE P="10288"/>
                        provided that either: (1) The modification does not downgrade service to the area on which the preference was based, or (2) any potential loss of first and second NCE service is offset by at least equal first and, separately, combined first and second NCE service population gain(s), and the applicant would continue to qualify for a decisive Section 307(b) preference. Additionally, for a period beginning from the award of a construction permit through four years of on-air operations, a Tribal Applicant receiving a decisive preference pursuant to this section may not:
                    </P>
                    <STARS/>
                </SECTION>
                <AMDPAR>10. Section 73.7003 is amended by revising paragraphs (b)(1) and (2), and (c)(3) and adding paragraph (c)(4) to read as follows:</AMDPAR>
                <SECTION>
                    <SECTNO>§ 73.7003 </SECTNO>
                    <SUBJECT> Point system selection procedures.</SUBJECT>
                    <STARS/>
                    <P>(b) * * *</P>
                    <P>
                        (1) 
                        <E T="03">Established local applicant.</E>
                         Three points for local applicants, as defined in § 73.7000, who have been local continuously for no fewer than the two years (24 months) immediately prior to the application filing.
                    </P>
                    <P>
                        (2) 
                        <E T="03">Local diversity of ownership.</E>
                         Two points for applicants with no attributable interests, as defined in § 73.7000, in any other broadcast station or authorized construction permit (comparing radio to radio and television to television) whose principal community (city grade) contour overlaps that of the proposed station. The principal community (city grade) contour is the 5 mV/m for AM stations, the 3.16 mV/m for FM stations calculated in accordance with § 73.313(c), and the contour identified in § 73.685(a) for TV. Radio applicants will count commercial and noncommercial AM, FM, and FM translator stations other than fill-in stations. Television applicants will count UHF, VHF, and Class A stations.
                    </P>
                    <STARS/>
                    <P>(c) * * *</P>
                    <P>
                        (3) 
                        <E T="03">Voluntary time-sharing.</E>
                         If a tie remains after the tie breaker in paragraph (c)(2) of this section, each of the remaining tied, mutually exclusive applicants will be identified as a tentative selectee and must electronically submit, within 90-days from the release of the public notice or order announcing the remaining tie, any voluntary time-share agreement. Voluntary time-share agreements must be in writing, signed by each time-share proponent, and specify the proposed hours of operation of each time-share proponent.
                    </P>
                    <P>
                        (4) 
                        <E T="03">Mandatory time-sharing.</E>
                         If a tie among mutually exclusive applications is not resolved through voluntary time-sharing in accordance with paragraph (c)(3) of this section, the tied applications will be reviewed for acceptability. Applicants with tied, grantable applications will be eligible for equal, concurrent, non-renewable license terms.
                    </P>
                    <P>(i) If a mutually exclusive group has three or fewer tied, grantable applications, the Commission will simultaneously grant these applications, assigning an equal number of hours per week to each applicant. The Commission will require each applicant subject to mandatory time-sharing to simultaneously and confidentially submit their preferred time slots to the Commission. If there are only two tied, grantable applications, the applicants must select between the following 12-hour time slots: 3 a.m.-2:59 p.m., or 3 p.m.-2:59 a.m. If there are three tied, grantable applications, each applicant must rank their preference for the following 8-hour time slots: 2 a.m.-9:59 a.m., 10 a.m.-5:59 p.m., and 6 p.m.-1:59 a.m. The Commission will require the applicants to certify that they did not collude with any other applicants in the selection of time slots. The Commission will give preference to the applicant that has been local, as defined in § 73.7000, for the longest uninterrupted period of time. In the event an applicant neglects to designate its preferred time slots, staff will select a time slot for that applicant.</P>
                    <P>(ii) Groups of more than three tied, grantable applications will not be eligible for licensing under this section. Where such groups exist, the Commission will dismiss all but the applications of the three applicants that have been local, as defined in § 73.7000, for the longest uninterrupted periods of time. The Commission will then process the remaining applications as set forth in paragraph (c)(4)(i) of this section.</P>
                    <STARS/>
                </SECTION>
                <AMDPAR>11. Section 73.7005 is amended by revising the section heading and paragraph (b), redesignating paragraph (c) as (d), and adding new paragraph (c) to read as follows:</AMDPAR>
                <SECTION>
                    <SECTNO>§ 73.7005 </SECTNO>
                    <SUBJECT> Maintenance of Comparative Qualifications.</SUBJECT>
                    <STARS/>
                    <P>
                        (b) 
                        <E T="03">Technical.</E>
                         In accordance with the provisions of § 73.7002, for a period of four years of on air operations, an NCE FM applicant receiving a decisive preference for fair distribution of service is required to construct and operate technical facilities substantially as proposed. During this period, such applicant may make minor modifications to its authorized facilities, provided that either: (1) The modification does not downgrade service to the area on which the preference was based, or (2) any potential loss of first and second NCE service is offset by at least equal first and, separately, combined first and second NCE service population gain(s).
                    </P>
                    <P>
                        (c) 
                        <E T="03">Point System Criteria.</E>
                         Any applicant selected based on the point system, § 73.7003, must maintain the characteristics for which it received points for a period of time commencing with the grant of the construction permit and continuing until the station has achieved at least four years of on air operations. During this time, any applicant receiving points for diversity of ownership, § 73.7003(b)(2), and selected through the point system, is prohibited from
                    </P>
                    <P>(1) Acquiring any commercial or noncommercial AM, FM, or non-fill-in FM translator station which would overlap the principal community (city grade) contour of its NCE FM station received through the award of diversity points;</P>
                    <P>(2) Acquiring any UHF, VHF, or Class A television station which would overlap the principal community (city grade) contour of its NCE television station received through the award of diversity points;</P>
                    <P>(3) Proposing any modification to its NCE FM station received through the award of diversity points which would create overlap of the principal community (city grade) contour of such station with any attributable authorized commercial or noncommercial AM, FM, or non-fill-in FM translator station;</P>
                    <P>(4) Proposing any modification to its NCE television station received through the award of diversity points which would create overlap of the principal community (city grade) contour of such station with any attributable authorized UHF, VHF, or Class A television station;</P>
                    <P>(5) Proposing modifications to any attributable commercial or noncommercial AM, FM, or non-fill-in FM translator station which would create overlap with the principal community (city grade) contour of its NCE FM station received through the award of diversity points; and</P>
                    <P>
                        (6) Proposing modifications to any attributable UHF, VHF, or Class A television station which would create overlap with the principal community (city grade) contour of its NCE television station received through the award of diversity points. This restriction applies to the applicant itself, any parties to the application, and any party that acquires 
                        <PRTPAGE P="10289"/>
                        an attributable interest in the permittee or licensee during this time period.
                    </P>
                    <STARS/>
                </SECTION>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-04037 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 6712-01-P</BILCOD>
        </PRORULE>
    </PRORULES>
    <VOL>84</VOL>
    <NO>54</NO>
    <DATE>Wednesday, March 20, 2019</DATE>
    <UNITNAME>Notices</UNITNAME>
    <NOTICES>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="10290"/>
                <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
                <DATE>March 14, 2019.</DATE>
                <P>The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments are requested regarding (1) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.</P>
                <P>
                    Comments regarding this information collection received by April 19, 2019 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725—17th Street NW, Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: 
                    <E T="03">OIRA_Submission@OMB.EOP.GOV</E>
                     or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.
                </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">Rural Business Cooperative Service</HD>
                <P>
                    <E T="03">Title:</E>
                     Bio-refinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0570-0065.
                </P>
                <P>
                    <E T="03">Summary of Collection:</E>
                     The Biorefinery Assistance Program was authorized under Section 9003 of the 2008 Farm Bill. The program assists in the development, construction, and retrofitting of new and emerging technologies for the development of advanced biofuels by providing loan guarantees of up to $250 million. Section 9003 of the Agricultural Act of 2014 (2014 Farm Bill) modified previous provisions of the program, and the program was re-authorized under the 2018 Farm Bill.
                </P>
                <P>
                    <E T="03">Need and Use of the Information:</E>
                     The Agency will use various forms and written evidence to collect needed information to determine lender and borrower eligibility for loan guarantees, and to ensure the lender protects the government's financial interests. Lenders provide the Agency with quarterly construction progress reports demonstrating that engineering and financial criteria used in the review and approval of the application continue to be met during the construction phase of the project. Post-construction information will be collected demonstrating that the bio-refineries are operating and meeting all financial criteria projected during the application phase. If the information were not collected, the Agency would not be able to make prudent credit decisions nor monitor the lenders servicing activities.
                </P>
                <P>
                    <E T="03">Description of Respondents:</E>
                     Business or other for-profit.
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     26.
                </P>
                <P>
                    <E T="03">Frequency of Responses:</E>
                     Recordkeeping; Reporting: On occasion; Monthly; Semi-annually; Annually.
                </P>
                <P>
                    <E T="03">Total Burden Hours:</E>
                     7,803.
                </P>
                <SIG>
                    <NAME>Kimble Brown,</NAME>
                    <TITLE>Departmental Information Collection Clearance Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05189 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 3410-XY-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Food and Nutrition Service</SUBAGY>
                <SUBJECT>Emergency Food Assistance Program; Availability of Foods for Fiscal Year 2019</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Nutrition Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice announces the surplus and purchased foods that the Department expects to make available for donation to States for use in providing nutrition assistance to the needy under The Emergency Food Assistance Program (TEFAP) in Fiscal Year (FY) 2019. The foods made available under this notice must, at the discretion of the State, be distributed to eligible recipient agencies (ERAs) for use in preparing meals and/or for distribution to households for home consumption.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Implementation date:</E>
                         October 1, 2018.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Polly Fairfield, Policy Branch, Food Distribution Division, Food and Nutrition Service, U.S. Department of Agriculture, 3101 Park Center Drive, Alexandria, Virginia 22302-1594 or telephone (703) 305-2662.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    In accordance with the provisions set forth in the Emergency Food Assistance Act of 1983 (EFAA), 7 U.S.C. 7501, 
                    <E T="03">et seq.,</E>
                     and the Food and Nutrition Act of 2008, 7 U.S.C. 2036, the Department makes foods available to States for use in providing nutrition assistance to those in need through TEFAP. In accordance with section 214 of the EFAA, 7 U.S.C. 7515, 60 percent of each State's share of TEFAP foods is based on the number of people with incomes below the poverty level within the State and 40 percent on the number of unemployed persons within the State. State officials are responsible for establishing the network through which the foods will be used by ERAs in providing nutrition assistance to those in need and for allocating foods among those ERAs. States have full discretion in determining the amount of foods that will be made available to ERAs for use in preparing meals and/or for distribution to households for home consumption.
                </P>
                <P>
                    The types of foods the Department expects to make available to States for 
                    <PRTPAGE P="10291"/>
                    distribution through TEFAP in FY 2019 are listed in the table below.
                </P>
                <HD SOURCE="HD1">Surplus Foods</HD>
                <P>Surplus foods donated for distribution under TEFAP are Commodity Credit Corporation (CCC) foods purchased under the authority of section 416 of the Agricultural Act of 1949, 7 U.S.C. 1431 (section 416) and foods purchased under the surplus removal authority of section 32 of the Act of August 24, 1935, 7 U.S.C. 612c (section 32). The types of foods typically purchased under section 416 include dairy, grains, oils, and peanut products. The types of foods purchased under section 32 include meat, poultry, fish, vegetables, dry beans, juices, and fruits.</P>
                <P>Approximately $242.07 million in surplus foods acquired in FY 2018 are being delivered to States in FY 2019. These foods include beans, blueberries, catfish, cheese, cherries, chicken, ground beef, lentils, milk, mixed fruit, peaches, plums, pork chops, raspberries, strawberries, tomato sauce, and turkey. Other surplus foods may be made available to TEFAP throughout the year. The Department would like to point out that food acquisitions are based on changing agricultural market conditions; therefore, the availability of foods is subject to change.</P>
                <HD SOURCE="HD1">Purchased Foods</HD>
                <P>In accordance with section 27 of the Food and Nutrition Act of 2008, 7 U.S.C. 2036, the Secretary is directed to purchase an estimated $294 million worth of foods in FY 2019 for distribution through TEFAP. These foods are made available to States in addition to those surplus foods which otherwise might be provided to States for distribution under TEFAP. For FY 2019, the Department anticipates purchasing the foods listed in the following table for distribution through TEFAP. The amounts of each item purchased will depend on the prices the Department must pay, as well as the quantity of each item requested by the States. Changes in agricultural market conditions may result in the availability of additional types of foods or the non-availability of one or more types listed in the table.</P>
                <GPH SPAN="3" DEEP="600">
                    <PRTPAGE P="10292"/>
                    <GID>EN20MR19.001</GID>
                </GPH>
                <GPH SPAN="3" DEEP="480">
                    <PRTPAGE P="10293"/>
                    <GID>EN20MR19.002</GID>
                </GPH>
                <SIG>
                    <DATED>Dated: March 7, 2019.</DATED>
                    <NAME>Brandon Lipps,</NAME>
                    <TITLE>Administrator, Food and Nutrition Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05198 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 3410-30-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Food and Nutrition Service</SUBAGY>
                <SUBJECT>Summer Food Service Program: 2019 Reimbursement Rates</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Nutrition Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice informs the public of the annual adjustments to the reimbursement rates for meals served in the Summer Food Service Program for Children. These adjustments address changes in the Consumer Price Index, as required under the Richard B. Russell National School Lunch Act. The 2019 reimbursement rates are presented as a combined set of rates to highlight simplified cost accounting procedures. The 2019 rates are also presented individually, as separate operating and administrative rates of reimbursement, to show the effect of the Consumer Price Index adjustment on each rate.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Implementation date: January 1, 2019.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Jessica Saracino, Program Monitoring and Operational Support Division, Child Nutrition Programs, Food and Nutrition Service, United States Department of Agriculture, 3101 Park Center Drive, Suite 628, Alexandria, Virginia 22302.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The Summer Food Service Program (SFSP) is listed in the Catalog of Federal Domestic Assistance under No. 10.559 and is subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 2 CFR, 415 and final rule-related notice published at 48 FR 29114, June 24, 1983.)
                    <PRTPAGE P="10294"/>
                </P>
                <P>In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520, no new recordkeeping or reporting requirements have been included that are subject to approval from the Office of Management and Budget.</P>
                <P>This notice is not a rule as defined by the Regulatory Flexibility Act, 5 U.S.C. 601-612, and thus is exempt from the provisions of that Act. Additionally, this notice has been determined to be exempt from formal review by the Office of Management and Budget under Executive Order 12866.</P>
                <HD SOURCE="HD1">Definitions</HD>
                <P>The terms used in this notice have the meaning ascribed to them under 7 CFR part 225 of the SFSP regulations.</P>
                <HD SOURCE="HD1">Background</HD>
                <P>This notice informs the public of the annual adjustments to the reimbursement rates for meals served in SFSP. In accordance with sections 12(f) and 13, 42 U.S.C. 1760(f) and 1761, of the Richard B. Russell National School Lunch Act (NSLA) and SFSP regulations under 7 CFR part 225, the United States Department of Agriculture announces the adjustments in SFSP payments for meals served to participating children during calendar year 2019.</P>
                <P>The 2019 reimbursement rates are presented as a combined set of rates to highlight simplified cost accounting procedures. Reimbursement is based solely on a “meals times rate” calculation, without comparison to actual or budgeted costs.</P>
                <P>Sponsors receive reimbursement that is determined by the number of reimbursable meals served, multiplied by the combined rates for food service operations and administration. However, the combined rate is based on separate operating and administrative rates of reimbursement, each of which is adjusted differently for inflation.</P>
                <HD SOURCE="HD1">Calculation of Rates</HD>
                <P>The combined rates are constructed from individually authorized operating and administrative reimbursements. Simplified procedures provide flexibility, enabling sponsors to manage their reimbursements to pay for any allowable cost, regardless of the cost category. Sponsors remain responsible, however, for ensuring proper administration of the Program, while providing the best possible nutrition benefit to children.</P>
                <P>
                    The operating and administrative rates are calculated separately. However, the calculations of adjustments for both cost categories are based on the same set of changes in the 
                    <E T="03">Food Away From Home</E>
                     series of the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the United States Department of Labor. They represent a 2.6 percent increase in this series for the 12-month period, from November 2017 through November 2018 (from 271.152 in November 2017 to 278.306 in November 2018).
                </P>
                <HD SOURCE="HD1">Table of 2019 Reimbursement Rates</HD>
                <P>Presentation of the 2019 maximum per meal rates for meals served to children in SFSP combines the results from the calculations of operational and administrative payments, which are further explained in this notice. The total amount of payments to State agencies for disbursement to SFSP sponsors will be based upon these adjusted combined rates and the number of meals of each type served. These adjusted rates will be in effect from January 1, 2019 through December 31, 2019.</P>
                <P>
                    <E T="03">These changes are reflected below.</E>
                </P>
                <P>
                    <E T="03">All States except Alaska and Hawaii</E>
                    —Rural or Self-prep Sites—Breakfast—2 dollars and 29.75 cents (6.5 cent increase from the 2018 reimbursement rate), Lunch or Supper—4 dollars and 3.25 cents (11 cent increase), Snack—95.25 cents (2.25 cent increase); All Other Types of Sites—Breakfast—2 dollars and 25.5 cents (6.5 cent increase), Lunch or Supper—3 dollars and 96.75 cents (11 cent increase), Snack—93.25 cents (2.25 cent increase).
                </P>
                <P>
                    <E T="03">Alaska</E>
                    —Rural or Self-prep Sites—Breakfast—3 dollars and 72.5 cents (9.75 cent increase), Lunch or Supper—6 dollars and 52.75 cents (16.5 cent increase), Snack—1 dollar and 54.75 cents (4.5 cent increase); All Other Types of Sites—Breakfast—3 dollars and 65.5 cents (9.5 cent increase), Lunch or Supper—6 dollars and 42.25 cents (16.25 cent increase), Snack—1 dollar and 51.25 cents (4.25 cent increase).
                </P>
                <P>
                    <E T="03">Hawaii</E>
                    —Rural or Self-prep Sites—Breakfast—2 dollars and 68.25 cents (6.5 cent increase), Lunch or Supper—4 dollars and 71.5 cents (12 cent increase), Snack—1 dollar and 11.25 cents (2.5 cent increase); All Other Types of Sites—Breakfast—2 dollars and 63.25 cents (6.5 cent increase), Lunch or Supper—4 dollars and 64 cents (12 cent increase), Snack—1 dollar and 8.5 cents (2.25 cent increase).
                </P>
                <GPOTABLE COLS="7" OPTS="L2,i1" CDEF="s25,12,12,12,12,12,12">
                    <TTITLE>2019 Reimbursement Rates</TTITLE>
                    <TDESC>[Combined]</TDESC>
                    <BOXHD>
                        <CHED H="1">Per meal rates in whole or fractions of U.S. dollars</CHED>
                        <CHED H="1">All states except Alaska and Hawaii</CHED>
                        <CHED H="2">Rural or self-prep sites</CHED>
                        <CHED H="2">All other types of sites</CHED>
                        <CHED H="1">Alaska</CHED>
                        <CHED H="2">Rural or self-prep sites</CHED>
                        <CHED H="2">All other types of sites</CHED>
                        <CHED H="1">Hawaii</CHED>
                        <CHED H="2">Rural or self-prep sites</CHED>
                        <CHED H="2">All other types of sites</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Breakfast</ENT>
                        <ENT>2.2975</ENT>
                        <ENT>2.2550</ENT>
                        <ENT>3.7250</ENT>
                        <ENT>3.6550</ENT>
                        <ENT>2.6825</ENT>
                        <ENT>2.6325</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Lunch or Supper</ENT>
                        <ENT>4.0325</ENT>
                        <ENT>3.9675</ENT>
                        <ENT>6.5275</ENT>
                        <ENT>6.4225</ENT>
                        <ENT>4.7150</ENT>
                        <ENT>4.6400</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Snack</ENT>
                        <ENT>0.9525</ENT>
                        <ENT>0.9325</ENT>
                        <ENT>1.5475</ENT>
                        <ENT>1.5125</ENT>
                        <ENT>1.1125</ENT>
                        <ENT>1.0850</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Operating Rates</HD>
                <P>The portion of the SFSP rates for operating costs is based on payment amounts set in section 13(b)(1) of the NSLA, 42 U.S.C. 1761(b)(1). They are rounded down to the nearest whole cent, as required by section 11(a)(3)(B)(iii) of the NSLA, 42 U.S.C. 1759a(a)(3)(B)(iii).</P>
                <P>
                    <E T="03">These changes are reflected below.</E>
                </P>
                <P>
                    <E T="03">All States except Alaska and Hawaii</E>
                    —Breakfast—2 dollars and 9 cents (6 cents increase from the 2018 reimbursement rate), Lunch or Supper—3 dollars and 65 cents (10 cents increase), Snack—85 cents (2 cents increase).
                </P>
                <P>
                    <E T="03">Alaska</E>
                    —Breakfast—3 dollars and 39 cents (9 cents increase), Lunch or Supper—5 dollars and 91 cents (15 cents increase), Snack—1 dollar and 38 cents (4 cents increase).
                </P>
                <P>
                    <E T="03">Hawaii</E>
                    —Breakfast—2 dollars and 44 cents (6 cents increase), Lunch or Supper—4 dollars and 27 cents (11 cents increase), Snack—99 cents (2 cents increase).
                    <PRTPAGE P="10295"/>
                </P>
                <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s150,13,13,13">
                    <TTITLE>Operating Component of 2019 Reimbursement Rates</TTITLE>
                    <BOXHD>
                        <CHED H="1">Operating rates in U.S. dollars, rounded down to the nearest whole cent</CHED>
                        <CHED H="1">
                            All states
                            <LI>except Alaska</LI>
                            <LI>and Hawaii</LI>
                        </CHED>
                        <CHED H="1">Alaska</CHED>
                        <CHED H="1">Hawaii</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Breakfast</ENT>
                        <ENT>2.09</ENT>
                        <ENT>3.39</ENT>
                        <ENT>2.44</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Lunch or Supper</ENT>
                        <ENT>3.65</ENT>
                        <ENT>5.91</ENT>
                        <ENT>4.27</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Snack</ENT>
                        <ENT>0.85</ENT>
                        <ENT>1.38</ENT>
                        <ENT>0.99</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Administrative Rates</HD>
                <P>The administrative cost component of the reimbursement is authorized under section 13(b)(3) of the NSLA, 42 U.S.C. 1761(b)(3). Rates are higher for sponsors of sites located in rural areas and for “self-prep” sponsors that prepare their own meals at the SFSP site or at a central facility instead of purchasing them from vendors. The administrative portion of SFSP rates are adjusted, either up or down, to the nearest quarter-cent.</P>
                <P>
                    <E T="03">These changes are reflected below.</E>
                </P>
                <P>
                    <E T="03">All States except Alaska and Hawaii</E>
                    —Rural or Self-prep Sites—Breakfast—20.75 cents (0.5 cent increase from the 2018 reimbursement rate), Lunch or Supper—38.25 cents (1 cent increase), Snack—10.25 cents (0.25 cent increase); All Other Types of Sites—Breakfast—16.50 cents (0.5 cent increase), Lunch or Supper—31.75 cents (1 cent increase), Snack 8.25 cents (0.25 cent increase).
                </P>
                <P>
                    <E T="03">Alaska</E>
                    —Rural or Self-prep Sites—Breakfast—33.50 cents (0.75 cent increase), Lunch or Supper—61.75 cents (1.5 cent increase), Snack—16.75 cents (0.5 cent increase); All Other Types of Sites—Breakfast—26.50 cents (0.5 cent increase), Lunch or Supper—51.25 cents (1.25 cent increase), Snack—13.25 cents (0.25 cent increase).
                </P>
                <P>
                    <E T="03">Hawaii</E>
                    —Rural or Self-prep Sites—Breakfast—24.25 cents (0.5 cent increase), Lunch or Supper—44.50 cents (1 cent increase), Snack—12.25 cents (0.5 cent increase); All Other Types of Sites—Breakfast—19.25 cents (0.5 cent increase), Lunch or Supper—37 cents (1 cent increase), Snack—9.5 cents (0.25 cent increase).
                </P>
                <GPOTABLE COLS="7" OPTS="L2,i1" CDEF="s25,12,12,12,12,12,12">
                    <TTITLE>Administrative Component of 2019 Reimbursement Rates</TTITLE>
                    <BOXHD>
                        <CHED H="1">
                            Administrative rates in U.S. dollars, 
                            <LI>adjusted, up or down, to the nearest </LI>
                            <LI>quarter-cent</LI>
                        </CHED>
                        <CHED H="1">All states except Alaska and Hawaii</CHED>
                        <CHED H="2">Rural or self-prep sites</CHED>
                        <CHED H="2">All other types of sites</CHED>
                        <CHED H="1">Alaska</CHED>
                        <CHED H="2">Rural or self-prep sites</CHED>
                        <CHED H="2">All other types of sites</CHED>
                        <CHED H="1">Hawaii</CHED>
                        <CHED H="2">Rural or self-prep sites</CHED>
                        <CHED H="2">All other types of sites</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Breakfast</ENT>
                        <ENT>0.2075</ENT>
                        <ENT>0.1650</ENT>
                        <ENT>0.3350</ENT>
                        <ENT>0.2650</ENT>
                        <ENT>0.2425</ENT>
                        <ENT>0.1925</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Lunch or Supper</ENT>
                        <ENT>0.3825</ENT>
                        <ENT>0.3175</ENT>
                        <ENT>0.6175</ENT>
                        <ENT>0.5125</ENT>
                        <ENT>0.4450</ENT>
                        <ENT>0.3700</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Snack</ENT>
                        <ENT>0.1025</ENT>
                        <ENT>0.0825</ENT>
                        <ENT>0.1675</ENT>
                        <ENT>0.1325</ENT>
                        <ENT>0.1225</ENT>
                        <ENT>0.0950</ENT>
                    </ROW>
                </GPOTABLE>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>Sections 9, 13, and 14, Richard B. Russell National School Lunch Act, 42 U.S.C. 1758, 1761, and 1762a, respectively.</P>
                </AUTH>
                <SIG>
                    <DATED>Dated: March 7, 2019.</DATED>
                    <NAME>Brandon Lipps,</NAME>
                    <TITLE>Administrator, Food and Nutrition Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05184 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 3410-30-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Food and Nutrition Service</SUBAGY>
                <SUBJECT>Child Nutrition Programs: Income Eligibility Guidelines</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Nutrition Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice announces the Department's annual adjustments to the Income Eligibility Guidelines to be used in determining eligibility for free and reduced price meals and free milk for the period from July 1, 2019 through June 30, 2020. These guidelines are used by schools, institutions, and facilities participating in the National School Lunch Program (and Commodity School Program), School Breakfast Program, Special Milk Program for Children, Child and Adult Care Food Program and Summer Food Service Program. The annual adjustments are required by section 9 of the Richard B. Russell National School Lunch Act. The guidelines are intended to direct benefits to those children most in need and are revised annually to account for changes in the Consumer Price Index.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Implementation date: July 1, 2019.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Jessica Saracino, Program Monitoring and Operational Support Division, Child Nutrition Programs, Food and Nutrition Service, United States Department of Agriculture, 3101 Park Center Drive, Suite 628, Alexandria, Virginia 22302.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This action is not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601-612) and thus is exempt from the provisions of that Act.</P>
                <P>In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507), no recordkeeping or reporting requirements have been included that are subject to approval from the Office of Management and Budget.</P>
                <P>This notice has been determined to be not significant and was not reviewed by the Office of Management and Budget in conformance with Executive Order 12866.</P>
                <P>
                    The affected programs are listed in the Assistance Listings (
                    <E T="03">https://beta.sam.gov/</E>
                    ) under No. 10.553, No. 10.555, No. 10.556, No. 10.558, and No. 10.559 and are subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 2 CFR part 415.)
                </P>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    Pursuant to sections 9(b)(1) and 17(c)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1) and 42 U.S.C. 1766(c)(4)), and sections 3(a)(6) and 4(e)(1)(A) of the Child Nutrition Act of 1966 (42 U.S.C. 1772(a)(6) and 1773(e)(1)(A)), the Department annually issues the Income Eligibility Guidelines for free and reduced price meals for the National School Lunch Program (7 CFR part 210), the Commodity School Program (7 CFR 
                    <PRTPAGE P="10296"/>
                    part 210), School Breakfast Program (7 CFR part 220), Summer Food Service Program (7 CFR part 225) and Child and Adult Care Food Program (7 CFR part 226) and the guidelines for free milk in the Special Milk Program for Children (7 CFR part 215). These eligibility guidelines are based on the Federal income poverty guidelines and are stated by household size. The guidelines are used to determine eligibility for free and reduced price meals and free milk in accordance with applicable program rules.
                </P>
                <HD SOURCE="HD1">Definition of Income</HD>
                <P>In accordance with the Department's policy as provided in the Food and Nutrition Service publication Eligibility Manual for School Meals, “income,” as the term is used in this notice, means income before any deductions such as income taxes, Social Security taxes, insurance premiums, charitable contributions, and bonds. It includes the following: (1) Monetary compensation for services, including wages, salary, commissions or fees; (2) net income from nonfarm self-employment; (3) net income from farm self-employment; (4) Social Security; (5) dividends or interest on savings or bonds or income from estates or trusts; (6) net rental income; (7) public assistance or welfare payments; (8) unemployment compensation; (9) government civilian employee or military retirement, or pensions or veterans payments; (10) private pensions or annuities; (11) alimony or child support payments; (12) regular contributions from persons not living in the household; (13) net royalties; and (14) other cash income. Other cash income would include cash amounts received or withdrawn from any source including savings, investments, trust accounts and other resources that would be available to pay the price of a child's meal.</P>
                <P>
                    “Income”, as the term is used in this notice, does 
                    <E T="03">not</E>
                     include any income or benefits received under any Federal programs that are excluded from consideration as income by any statutory prohibition. Furthermore, the value of meals or milk to children shall not be considered as income to their households for other benefit programs in accordance with the prohibitions in section 12(e) of the Richard B. Russell National School Lunch Act and section 11(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1760(e) and 1780(b)).
                </P>
                <HD SOURCE="HD1">The Income Eligibility Guidelines</HD>
                <P>The following are the Income Eligibility Guidelines to be effective from July 1, 2019 through June 30, 2020. The Department's guidelines for free meals and milk and reduced price meals were obtained by multiplying the year 2019 Federal income poverty guidelines by 1.30 and 1.85, respectively, and by rounding the result upward to the next whole dollar.</P>
                <P>This notice displays only the annual Federal poverty guidelines issued by the Department of Health and Human Services because the monthly and weekly Federal poverty guidelines are not used to determine the Income Eligibility Guidelines. The chart details the free and reduced price eligibility criteria for monthly income, income received twice monthly (24 payments per year); income received every two weeks (26 payments per year) and weekly income.</P>
                <P>Income calculations are made based on the following formulas: Monthly income is calculated by dividing the annual income by 12; twice monthly income is computed by dividing annual income by 24; income received every two weeks is calculated by dividing annual income by 26; and weekly income is computed by dividing annual income by 52. All numbers are rounded upward to the next whole dollar. The numbers reflected in this notice for a family of four in the 48 contiguous States, the District of Columbia, Guam and the territories represent an increase of 2.6 percent over last year's level for a family of the same size.</P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>Section 9(b)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(1)(A)).</P>
                </AUTH>
                <BILCOD>BILLING CODE 3410-30-P</BILCOD>
                <GPH SPAN="3" DEEP="640">
                    <PRTPAGE P="10297"/>
                    <GID>EN20MR19.000</GID>
                </GPH>
                <SIG>
                    <PRTPAGE P="10298"/>
                    <DATED>Dated: March 7, 2019</DATED>
                    <NAME>Brandon Lipps,</NAME>
                    <TITLE>Administrator, Food and Nutrition Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05183 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 3410-30-C</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Notice of Public Meeting of the Virginia Advisory Committee</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Commission on Civil Rights.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Announcement of meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA) that a meeting of the Virginia Advisory Committee to the Commission will convene in person a briefing meeting on March 29, 2019 at 10:00a.m. (EST) at the U.S. Commission on Civil Rights, 1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC and by conference call at (877) 260-1479 and the conference call-in ID number: 6222890. The purpose of the meeting is for Committee members to receive information from presenters on its civil rights project titled, Hate Crimes in VA—Incidences and Responses.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Friday, March 29, 2019, at 10:00 a.m. EST.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>1331 Pennsylvania Ave. NW, Suite 1150, Washington, DC 20425.</P>
                    <P>
                        <E T="03">Public Call-In Information:</E>
                         (audio only) Conference call-in number: 1-877-260-1479 and conference call ID number: 6222890.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ivy Davis at 
                        <E T="03">ero@usccr.gov</E>
                         or by phone at 202-376-7533.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Interested members of the public may listen to the discussion by calling the following toll-free conference call-in number: 1-877-260-1479 and conference call ID number: 6222890. Please be advised that before placing them into the conference call, the conference call operator will ask callers to provide their names, their organizational affiliations (if any), and email addresses (so that callers may be notified of future meetings). Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free conference call-in number.</P>
                <P>Persons with hearing impairments may also follow the discussion by first calling the Federal Relay Service at 1-800-877-8339 and providing the operator with the toll-free conference call-in number: 1-877-260-1479 and conference call ID number: 6222890.</P>
                <P>
                    Members of the public are invited to make statements during the open comment period of the meeting or submit written comments. The comments must be received in the regional office approximately 30 days after each scheduled meeting. Written comments may be mailed to the Eastern Regional Office, U.S. Commission on Civil Rights, 1331 Pennsylvania Avenue, Suite 1150, Washington, DC 20425, faxed to (202) 376-7548, or emailed to Corrine Sanders at 
                    <E T="03">ero@usccr.gov.</E>
                     Persons who desire additional information may contact the Eastern Regional Office at (202) 376-7533.
                </P>
                <P>
                    Records and documents discussed during the meeting will be available for public viewing as they become available at: 
                    <E T="03">https://www.facadatabase.gov/FACA/FACAPublicViewCommitteeDetails?id=a10t0000001gzjXAAQ,</E>
                     click the “Meeting Details” and “Documents” links. Records generated from this meeting may also be inspected and reproduced at the Eastern Regional Office, as they become available, both before and after the meetings. Persons interested in the work of this advisory committee are advised to go to the Commission's website, 
                    <E T="03">www.usccr.gov,</E>
                     or to contact the Eastern Regional Office at the above phone number, email or street address.
                </P>
                <P>
                    <E T="03">Agenda:</E>
                     Friday, March 29, 2019.
                </P>
                <FP SOURCE="FP-2">I. Opening Remarks and Introductions</FP>
                <FP SOURCE="FP-2">II. Panels</FP>
                <FP SOURCE="FP-2">III. Open Forum</FP>
                <FP SOURCE="FP-2">IV. Adjourn</FP>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>David Mussatt,</NAME>
                    <TITLE>Supervisory Chief, Regional Programs Unit.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05223 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>Foreign-Trade Zones Board</SUBAGY>
                <DEPDOC>[Order No. 2080]</DEPDOC>
                <SUBJECT>Reorganization of Foreign-Trade Zone 64 (Expansion of Service Area) Under Alternative Site Framework, Jacksonville, Florida</SUBJECT>
                <P>Pursuant to its authority under the Foreign-Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board (the Board) adopts the following Order:</P>
                <P>
                    <E T="03">Whereas,</E>
                     the Foreign-Trade Zones (FTZ) Act provides for “. . . the establishment . . . of foreign-trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes,” and authorizes the Foreign-Trade Zones Board to grant to qualified corporations the privilege of establishing foreign-trade zones in or adjacent to U.S. Customs and Border Protection ports of entry;
                </P>
                <P>
                    <E T="03">Whereas,</E>
                     the Board adopted the alternative site framework (ASF) (15 CFR Sec. 400.2(c)) as an option for the establishment or reorganization of zones;
                </P>
                <P>
                    <E T="03">Whereas,</E>
                     the Jacksonville Port Authority, grantee of Foreign-Trade Zone 64, submitted an application to the Board (FTZ Docket B-60-2018, docketed September 27, 2018) for authority to expand the service area of the zone to include Flagler County, as described in the application, adjacent to the Jacksonville Customs and Border Protection Port of Entry;
                </P>
                <P>
                    <E T="03">Whereas,</E>
                     notice inviting public comment was given in the 
                    <E T="04">Federal Register</E>
                     (83 FR 50069-50070, October 4, 2018) and the application has been processed pursuant to the FTZ Act and the Board's regulations; and,
                </P>
                <P>
                    <E T="03">Whereas,</E>
                     the Board adopts the findings and recommendations of the examiner's report, and finds that the requirements of the FTZ Act and the Board's regulations are satisfied;
                </P>
                <P>
                    <E T="03">Now, therefore,</E>
                     the Board hereby orders:
                </P>
                <P>The application to reorganize FTZ 64 to expand the service area under the ASF is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, and to the Board's standard 2,000-acre activation limit for the zone.</P>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>Christian B. Marsh,</NAME>
                    <TITLE>Deputy Assistant Secretary for Enforcement and Compliance, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, Alternate Chairman, Foreign-Trade Zones Board.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05275 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="10299"/>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[C-570-980]</DEPDOC>
                <SUBJECT>Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Continuation of Countervailing Duty Order</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>As a result of the determinations by the Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the countervailing duty (CVD) order on crystalline silicon photovoltaic (CSPV) cells, whether or not assembled into modules, from the People's Republic of China (China) would likely lead to continuation or recurrence of countervailable subsidies and material injury to an industry in the United States, Commerce is publishing a notice of continuation of this CVD order.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable March 20, 2019.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Caitlin Monks, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-2670. SUPPLEMENTARY INFORMATION:</P>
                    <HD SOURCE="HD1">Background</HD>
                    <P>
                        On December 7, 2012, Commerce published in the 
                        <E T="04">Federal Register</E>
                         the notice of the CVD order on CSPV cells from China.
                        <SU>1</SU>
                        <FTREF/>
                         On November 1, 2017, Commerce published the notice of initiation of the sunset review of the 
                        <E T="03">Order</E>
                         pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).
                        <SU>2</SU>
                        <FTREF/>
                         On February 26, 2018, the ITC instituted its review of the 
                        <E T="03">Order.</E>
                        <SU>3</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             
                            <E T="03">See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Countervailing Duty Order,</E>
                             77 FR 73017 (December 7, 2012) (
                            <E T="03">Order</E>
                            ).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>2</SU>
                             
                            <E T="03">See Initiation of Five-Year (Sunset) Reviews,</E>
                             82 FR 50612 (November 1, 2017).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>3</SU>
                             
                            <E T="03">See Crystalline Silicon Photovoltaic Cells and Modules from China; Notice of Commission Determinations to Conduct Full Five-Year Reviews,</E>
                             83 FR 8296, 8297 (February 26, 2018).
                        </P>
                    </FTNT>
                    <P>
                        As a result of this sunset review, Commerce determined that revocation of the 
                        <E T="03">Order</E>
                         would likely lead to continuation or recurrence of countervailable subsidies and notified the ITC of the net countervailable subsidy rates likely to prevail should the 
                        <E T="03">Order</E>
                         be revoked.
                        <SU>4</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>4</SU>
                             
                            <E T="03">See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Final Results of the Expedited First Sunset Review of the Countervailing Duty Order,</E>
                             83 FR 10431 (March 9, 2018).
                        </P>
                    </FTNT>
                    <P>
                        On March 7, 2019, the ITC published its determination, pursuant to sections 751(c) of the Act, that revocation of the 
                        <E T="03">Order</E>
                         would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.
                        <SU>5</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>5</SU>
                             
                            <E T="03">See Crystalline Silicon Photovoltaic Cells and Modules from China: Investigation Nos. 701-TA-481 and 731-TA-1190</E>
                             (
                            <E T="03">Review</E>
                            ), 84 FR 8342, 8343 (March 7, 2019).
                        </P>
                    </FTNT>
                    <HD SOURCE="HD1">Scope of the Order</HD>
                    <P>
                        The merchandise covered by the 
                        <E T="03">Order</E>
                         is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. The 
                        <E T="03">Order</E>
                         covers crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Merchandise under consideration may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, building-integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise under consideration are included in the scope of the 
                        <E T="03">Order.</E>
                    </P>
                    <P>
                        Excluded from the scope of this 
                        <E T="03">Order</E>
                         are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of this 
                        <E T="03">Order</E>
                         are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good.
                    </P>
                    <P>
                        Additionally, excluded from the scope of this 
                        <E T="03">Order</E>
                         are panels with surface area from 3,450 mm2 to 33,782 mm2 with one black wire and one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in length when measured from panel extrusion), and not exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of this exclusion, no panel shall contain an internal battery or external computer peripheral ports.
                    </P>
                    <P>
                        Modules, laminates, and panels produced in a third-country from cells produced in China are covered by this 
                        <E T="03">Order;</E>
                         however, modules, laminates, and panels produced in China from cells produced in a third-country are not covered by this 
                        <E T="03">Order.</E>
                    </P>
                    <P>
                        Merchandise covered by this 
                        <E T="03">Order</E>
                         is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, 8501.31.8000, 8541.40.6015, 8541.40.6035, 8541.40.6025, and 8541.40.6045. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this 
                        <E T="03">Order</E>
                         is dispositive.
                    </P>
                    <HD SOURCE="HD1">Continuation of the Order</HD>
                    <P>
                        As a result of the determinations by Commerce and the ITC that revocation of the 
                        <E T="03">Order</E>
                         would likely lead to continuation or recurrence of countervailable subsidies and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, Commerce hereby orders the continuation of the 
                        <E T="03">Order.</E>
                    </P>
                    <P>
                        U.S. Customs and Border Protection will continue to collect CVD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of this order will be the date of publication in the 
                        <E T="04">Federal Register</E>
                         of this notice of continuation. Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate the next five-year review of the 
                        <E T="03">Order</E>
                         not later than 30 days prior to the fifth anniversary of the effective date of continuation.
                    </P>
                    <P>This five-year sunset review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act, and 19 CFR 351.218(f)(4).</P>
                    <SIG>
                        <PRTPAGE P="10300"/>
                        <DATED>Dated: March 15, 2019.</DATED>
                        <NAME>Christian Marsh,</NAME>
                        <TITLE>Deputy Assistant Secretary for Enforcement and Compliance.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05274 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>International Trade Administration</SUBAGY>
                <DEPDOC>[A-570-979]</DEPDOC>
                <SUBJECT>Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China: Continuation of Antidumping Duty Order</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Enforcement and Compliance, International Trade Administration, Department of Commerce.</P>
                </AGY>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on crystalline silicon photovoltaic cells, whether or not assembled into modules (solar cells), from the People's Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of the AD duty order.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Applicable March 20, 2019.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Eli Lovely, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-1593.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On December 7, 2012, Commerce published in the 
                    <E T="04">Federal Register</E>
                     the antidumping duty order on solar cells from China.
                    <SU>1</SU>
                    <FTREF/>
                     On November 1, 2017, Commerce published the notice of initiation of this sunset review of the 
                    <E T="03">Order,</E>
                     pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).
                    <SU>2</SU>
                    <FTREF/>
                     On November 13, 2017, pursuant to 19 CFR 351.218(d)(1), Commerce received a timely and complete notice of intent to participate in the sunset review from SolarWorld Americas, Inc. (SolarWorld), in which SolarWorld claimed interested party status as a domestic producer of solar cells under section 771(9)(C) of the Act.
                    <SU>3</SU>
                    <FTREF/>
                     This notice was filed within the time period specified in 19 CFR 351.218(d)(1)(i).
                    <SU>4</SU>
                    <FTREF/>
                     On December 1, 2017, pursuant to 19 CFR 351.218(d)(3)(i), SolarWorld filed a timely and adequate substantive response.
                    <SU>5</SU>
                    <FTREF/>
                     Commerce did not receive a substantive response from any respondent interested party. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) first sunset review of the 
                    <E T="03">Order.</E>
                     As a result of its review, Commerce determined pursuant to sections 751(c)(1) and 752(c) of the Act, that revocation of the 
                    <E T="03">Order</E>
                     would likely lead to a continuation or recurrence of dumping. Commerce also notified the ITC of the magnitude of the dumping margins likely to prevail should the 
                    <E T="03">Order</E>
                     be revoked.
                    <SU>6</SU>
                    <FTREF/>
                     On March 7, 2019, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the AD duty order on solar cells from China would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.
                    <SU>7</SU>
                    <FTREF/>
                </P>
                <HD SOURCE="HD1">Scope of the Order</HD>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order,</E>
                         77 FR 73018 (December 7, 2012) (Order).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">See Initiation of Five-Year (Sunset) Review,</E>
                         82 FR 50612 (November 1, 2017).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Letter from SolarWorld to Commerce re, “Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Notice of Intent to Participate in Sunset Review,” dated November 13, 2017.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Letter from SolarWorld to Commerce re, “Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Substantive Response to Notice of Initiation of Sunset Review,” dated December 1, 2017 (SolarWorld Substantive Response).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Final Results of the Expedited First Sunset Review of the Antidumping Duty Order,</E>
                         83 FR 10663 (March 12, 2018) (Final Results), and accompanying Issues and Decision Memorandum.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Crystalline Silicon Photovoltaic Cells and Modules From China, Investigation No. 701-TA-481 and 731-TA-1190, 84 FR 8342 (March 7, 2019).
                    </P>
                </FTNT>
                <P>
                    The merchandise covered by the 
                    <E T="03">Order</E>
                     is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels and building integrated materials. The 
                    <E T="03">Order</E>
                     covers crystalline silicon photovoltaic cells of thickness equal to or greater than 20 micrometers, having a p/n junction formed by any means, whether or not the cell has undergone other processing, including, but not limited to, cleaning, etching, coating, and/or addition of materials (including, but not limited to, metallization and conductor patterns) to collect and forward the electricity that is generated by the cell. Merchandise under consideration may be described at the time of importation as parts for final finished products that are assembled after importation, including, but not limited to, modules, laminates, panels, building-integrated modules, building-integrated panels, or other finished goods kits. Such parts that otherwise meet the definition of merchandise under consideration are included in the scope of the 
                    <E T="03">Order.</E>
                </P>
                <P>
                    Excluded from the scope of this 
                    <E T="03">Order</E>
                     are thin film photovoltaic products produced from amorphous silicon (a-Si), cadmium telluride (CdTe), or copper indium gallium selenide (CIGS). Also excluded from the scope of this 
                    <E T="03">Order</E>
                     are crystalline silicon photovoltaic cells, not exceeding 10,000mm2 in surface area, that are permanently integrated into a consumer good whose function is other than power generation and that consumes the electricity generated by the integrated crystalline silicon photovoltaic cell. Where more than one cell is permanently integrated into a consumer good, the surface area for purposes of this exclusion shall be the total combined surface area of all cells that are integrated into the consumer good.
                </P>
                <P>
                    Additionally, excluded from the scope of this 
                    <E T="03">Order</E>
                     are panels with surface area from 3,450 mm2 to 33,782 mm2 with one black wire and one red wire (each of type 22 AWG or 24 AWG not more than 206 mm in length when measured from panel extrusion), and not exceeding 2.9 volts, 1.1 amps, and 3.19 watts. For the purposes of this exclusion, no panel shall contain an internal battery or external computer peripheral ports.
                </P>
                <P>
                    Modules, laminates, and panels produced in a third-country from cells produced in China are covered by this 
                    <E T="03">Order;</E>
                     however, modules, laminates, and panels produced in China from cells produced in a third-country are not covered by this 
                    <E T="03">Order.</E>
                </P>
                <P>
                    Merchandise covered by this 
                    <E T="03">Order</E>
                     is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, 8501.31.8000, 8541.40.6015, 8541.40.6035, 8541.40.6025, and 8541.40.6045. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of this 
                    <E T="03">Order</E>
                     is dispositive.
                    <PRTPAGE P="10301"/>
                </P>
                <HD SOURCE="HD1">Continuation of the Order</HD>
                <P>
                    As a result of the determinations by Commerce and the ITC that revocation of the 
                    <E T="03">Order</E>
                     would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the AD order on solar cells from China. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the 
                    <E T="03">Order</E>
                     will be the date of publication in the 
                    <E T="04">Federal Register</E>
                     of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next sunset review of the 
                    <E T="03">Order</E>
                     not later than 30 days prior to the fifth anniversary of the effective date of continuation.
                </P>
                <P>This five-year sunset review and this notice are in accordance with section 751(c) and 751(d)(2) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).</P>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>Christian Marsh,</NAME>
                    <TITLE>Deputy Assistant Secretary for Enforcement and Compliance.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05273 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">BUREAU OF CONSUMER FINANCIAL PROTECTION</AGENCY>
                <DEPDOC>[Docket No. CFPB-2019-0013]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Comment Request</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Consumer Financial Protection.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act of 1995 (PRA), the Bureau of Consumer Financial Protection (Bureau) is requesting to renew the Office of Management and Budget (OMB) approval for an existing information collection titled, “Report of Terms of Credit Card Plan.”</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written comments are encouraged and must be received on or before May 20, 2019 to be assured of consideration.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments, identified by the title of the information collection, OMB Control Number (see below), and docket number (see above), by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Electronic:</E>
                         Go to 
                        <E T="03">http://www.regulations.gov.</E>
                         Follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Email: PRA_Comments@cfpb.gov.</E>
                         Include Docket No. CFPB-2019-0013 in the subject line of the message.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Comment Intake, Bureau of Consumer Financial Protection (Attention: PRA Office), 1700 G Street NW, Washington, DC 20552.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery/Courier:</E>
                         Comment Intake, Bureau of Consumer Financial Protection (Attention: PRA Office), 1700 G Street NW, Washington, DC 20552.
                    </P>
                    <P>
                        <E T="03">Please note that comments submitted after the comment period will not be accepted.</E>
                         In general, all comments received will become public records, including any personal information provided. Sensitive personal information, such as account numbers or Social Security numbers, should not be included.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Documentation prepared in support of this information collection request is available at 
                        <E T="03">www.regulations.gov.</E>
                         Requests for additional information should be directed to Darrin King, PRA Officer, at (202) 435-9575, or email: 
                        <E T="03">CFPB_PRA@cfpb.gov.</E>
                         If you require this document in an alternative electronic format, please contact 
                        <E T="03">CFPB_Accessibility@cfpb.gov.</E>
                         Please do not submit comments to these email boxes.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Title of Collection:</E>
                     Report of Terms of Credit Card Plan.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     3170-0001.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Revision of a currently approved collection.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Private Sector.
                </P>
                <P>
                    <E T="03">Estimated Number of Annual Respondents:</E>
                     175.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Burden Hours:</E>
                     63.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     Form FR 2572 collects data on credit card pricing and availability from a sample of at least 150 financial institutions that offer credit cards. The data enable the Bureau of Consumer Financial Protection to present information to the public on terms of credit card plans. The Bureau has introduced an online channel for submission that has driven down burden costs for participating institutions.
                </P>
                <P>
                    <E T="03">Request for Comments:</E>
                     Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the Bureau, including whether the information will have practical utility; (b) The accuracy of the Bureau's estimate of the burden of the collection of information, including the validity of the methods and the assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record.
                </P>
                <SIG>
                    <DATED>Dated: March 12, 2019.</DATED>
                    <NAME>Darrin A. King,</NAME>
                    <TITLE>Paperwork Reduction Act Officer, Bureau of Consumer Financial Protection. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05191 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4810-AM-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">BUREAU OF CONSUMER FINANCIAL PROTECTION</AGENCY>
                <DEPDOC>[Docket No. CFPB-2019-0012]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Comment Request</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Consumer Financial Protection.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice and request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act of 1995 (PRA), the Bureau of Consumer Financial Protection (Bureau) is requesting to renew the Office of Management and Budget (OMB) approval for an existing information collection titled, “Equal Credit Opportunity Act (Regulation B) 12 CFR 1002.”</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written comments are encouraged and must be received on or before May 20, 2019 to be assured of consideration.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments, identified by the title of the information collection, OMB Control Number (see below), and docket number (see above), by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Electronic:</E>
                         Go to 
                        <E T="03">http://www.regulations.gov.</E>
                         Follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Email: PRA_Comments@cfpb.gov.</E>
                         Include Docket No. CFPB-2019-0012 in the subject line of the message.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Comment Intake, Bureau of Consumer Financial Protection (Attention: PRA Office), 1700 G Street NW, Washington, DC 20552.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery/Courier:</E>
                         Comment Intake, Bureau of Consumer Financial Protection (Attention: PRA Office), 1700 G Street NW, Washington, DC 20552.
                    </P>
                    <P>
                        <E T="03">Please note that comments submitted after the comment period will not be accepted.</E>
                         In general, all comments 
                        <PRTPAGE P="10302"/>
                        received will become public records, including any personal information provided. Sensitive personal information, such as account numbers or Social Security numbers, should not be included.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Documentation prepared in support of this information collection request is available at 
                        <E T="03">www.regulations.gov.</E>
                         Requests for additional information should be directed to Darrin King, PRA Officer, at (202) 435-9575, or email: 
                        <E T="03">CFPB_PRA@cfpb.gov.</E>
                         If you require this document in an alternative electronic format, please contact 
                        <E T="03">CFPB_Accessibility@cfpb.gov.</E>
                         Please do not submit comments to these email boxes.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P SOURCE="NPAR">
                    <E T="03">Title of Collection:</E>
                     Equal Credit Opportunity Act (Regulation B) 12 CFR 1002.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     3170-0013.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension without change of a currently approved collection.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Private Sector.
                </P>
                <P>
                    <E T="03">Estimated Number of Annual Respondents:</E>
                     472,000.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Burden Hours:</E>
                     1,220,992.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     The Equal Credit Opportunity Act (“ECOA”) was enacted to ensure that credit is made available to all creditworthy applicants without discrimination on the basis of sex, marital status, race, color, religion, national origin, age, or other prohibited bases under the ECOA. The ECOA allows for creditors to collect information for self-testing against these criteria, while not allowing creditors to use this information in making credit decisions of applicants. For certain mortgage applications, the ECOA requires creditors to ask for some of the prohibited information for monitoring purposes. In addition, for certain mortgage applications, creditors are required to send a copy of any appraisal or written valuation used in the application process to the applicant in a timely fashion.
                </P>
                <P>The ECOA also prescribes that creditors inform applicants of decisions made on credit applications. In particular, where creditors make adverse actions on credit applications or existing accounts, creditors must inform consumers as to why the adverse action was taken, such that credit applicants can challenge errors or learn how to become more creditworthy. Creditors must retain all application information for 25 months, including notices they sent and any information related to adverse actions.</P>
                <P>Finally, the ECOA requires creditors who furnish applicant information to a consumer reporting agency to reflect participation of the applicant's spouse, if the spouse if permitted to use or contractually liable on the account.</P>
                <P>
                    <E T="03">Request for Comments:</E>
                     Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the Bureau, including whether the information will have practical utility; (b) The accuracy of the Bureau's estimate of the burden of the collection of information, including the validity of the methods and the assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record.
                </P>
                <SIG>
                    <DATED>Dated: March 12, 2019.</DATED>
                    <NAME>Darrin A. King,</NAME>
                    <TITLE>Paperwork Reduction Act Officer, Bureau of Consumer Financial Protection. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05190 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4810-AM-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEFENSE NUCLEAR FACILITIES SAFETY BOARD</AGENCY>
                <SUBJECT>Sunshine Act Meetings</SUBJECT>
                <PREAMHD>
                    <HD SOURCE="HED">FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT:</HD>
                    <P>
                        The 
                        <E T="04">Federal Register</E>
                         of January 31, 2019, in FR Doc. 2019-00806, on page 678.
                    </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:</HD>
                    <P>March 21, 2019, 9:00 a.m.-12:00 p.m.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">CHANGES IN THE MEETING:</HD>
                    <P>The Defense Nuclear Facilities Safety Board is postponing this Public Business Meeting in order to allow sufficient time to arrange professional assistance with the strategic planning and employee engagement process and additionally due to the unexpected resignation of one of the Board Members. A new date and time will be announced as soon as possible.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION:</HD>
                    <P>Glenn Sklar, General Manager, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue NW, Suite 700, Washington, DC 20004-2901, (800) 788-4016. This is a toll-free number.</P>
                </PREAMHD>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>Bruce Hamilton,</NAME>
                    <TITLE>Chairman.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05374 Filed 3-18-19; 4:15 pm]</FRDOC>
            <BILCOD> BILLING CODE 3670-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF EDUCATION</AGENCY>
                <DEPDOC>[Docket No. ED-2019-ICCD-0028]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Comment Request; Integrated Postsecondary Education Data System (IPEDS) 2019-20 through 2021-22</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Center for Education Statistics (NCES), Department of Education (ED).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act of 1995, ED is proposing a revision of an existing information collection.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Interested persons are invited to submit comments on or before May 20, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To access and review all the documents related to the information collection listed in this notice, please use 
                        <E T="03">http://www.regulations.gov</E>
                         by searching the Docket ID number ED-2019-ICCD-0028. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at 
                        <E T="03">http://www.regulations.gov</E>
                         by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the 
                        <E T="03">regulations.gov</E>
                         site is not available to the public for any reason, ED will temporarily accept comments at 
                        <E T="03">ICDocketMgr@ed.gov.</E>
                         Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. 
                        <E T="03">Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted.</E>
                         Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 550 12th Street SW, PCP, Room 9089, Washington, DC 20202-0023.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For specific questions related to collection activities, please contact Kashka Kubzdela, 202-245-7377 or email 
                        <E T="03">NCES.Information.Collections@ed.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 
                    <PRTPAGE P="10303"/>
                    3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.
                </P>
                <P>
                    <E T="03">Title of Collection:</E>
                     Integrated Postsecondary Education Data System (IPEDS) 2019-20 through 2021-22.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     1850-0582.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     A revision of an existing information collection.
                </P>
                <P>
                    <E T="03">Respondents/Affected Public:</E>
                     State, Local, and Tribal Governments.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Responses:</E>
                     67,785.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Burden Hours:</E>
                     782,921.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     The National Center for Education Statistics (NCES) seeks authorization from OMB to make a change to the Integrated Postsecondary Education Data System (IPEDS) data collection. Current authorization expires February 29, 2020 (OMB# 1850-0582 v.20-23). NCES is requesting a new clearance for the 2019-20, 2020-21, and 2021-22 data collections to enable us to make a change to six of the IPEDS data collection components, clarify definitions and instructions throughout the components, and to continue the IPEDS collection of postsecondary data over the next three years. IPEDS is a web-based data collection system designed to collect basic data from all postsecondary institutions in the United States and the other jurisdictions. IPEDS enables NCES to report on key dimensions of postsecondary education such as enrollments, degrees and other awards earned, tuition and fees, average net price, student financial aid, graduation rates, student outcomes, revenues and expenditures, faculty salaries, and staff employed. The IPEDS web-based data collection system was implemented in 2000-01. In 2017-18, IPEDS collected data from 6,642 postsecondary institutions in the United States and the other jurisdictions that are eligible to participate in Title IV Federal financial aid programs. All Title IV institutions are required to respond to IPEDS (Section 490 of the Higher Education Amendments of 1992 [Pub. L. 102-325]). IPEDS allows other (non-title IV) institutions to participate on a voluntary basis; approximately 200 non-title IV institutions elect to respond each year. IPEDS data are available to the public through the College Navigator and IPEDS Data Center websites. This clearance package includes a number of proposed changes to the data collection. As part of the public comment period review, NCES requests that IPEDS data submitters and other stakeholders respond to the directed questions found in Appendix D of this submission.
                </P>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>Stephanie Valentine,</NAME>
                    <TITLE>PRA Clearance Coordinator, Information Collection Clearance Program, Information Management Branch, Office of the Chief Information Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05241 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4000-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF EDUCATION</AGENCY>
                <DEPDOC>[Docket No.: ED-2019-ICCD-0029]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Comment Request; Student Aid Internet Gateway (SAIG) Enrollment Document</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Student Aid (FSA), Department of Education (ED).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension of an existing information collection.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Interested persons are invited to submit comments on or before May 20, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To access and review all the documents related to the information collection listed in this notice, please use 
                        <E T="03">http://www.regulations.gov</E>
                         by searching the Docket ID number ED-2019-ICCD-0029. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at 
                        <E T="03">http://www.regulations.gov</E>
                         by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the 
                        <E T="03">regulations.gov</E>
                         site is not available to the public for any reason, ED will temporarily accept comments at 
                        <E T="03">ICDocketMgr@ed.gov.</E>
                         Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. 
                        <E T="03">Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted.</E>
                         Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 550 12th Street SW, PCP, Room 9086, Washington, DC 20202-0023.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>For specific questions related to collection activities, please contact Beth Grebeldinger, 202-377-4018.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.</P>
                <P>
                    <E T="03">Title of Collection:</E>
                     Student Aid internet Gateway (SAIG) Enrollment Document.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     1845-0002.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     An extension of an existing information collection.
                </P>
                <P>
                    <E T="03">Respondents/Affected Public:</E>
                     State, Local, and Tribal Governments; Private Sector.
                    <PRTPAGE P="10304"/>
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Responses:</E>
                     48,013.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Burden Hours:</E>
                     10,942.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     This is a request for an extension of the approval of the Student Aid internet Gateway (SAIG) Enrollment forms. These forms allow various Department program partners to apply to participate with the Department in electronically transmitting and receiving data regarding federal student aid programs. These documents are updated annually. This request includes up-dates to award year dates, language clarifications and updated disclosures. No new information is being requested.
                </P>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>Kate Mullan,</NAME>
                    <TITLE>PRA Coordinator, Information Collection Clearance Program, Information Management Branch, Office of the Chief Information Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05279 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4000-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF EDUCATION</AGENCY>
                <DEPDOC>[Docket No. ED-2019-ICCD-0030]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Comment Request; Loan Cancellation in the Federal Perkins Loan Program</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Student Aid (FSA), Department of Education (ED).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension of an existing information collection.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Interested persons are invited to submit comments on or before May 20, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To access and review all the documents related to the information collection listed in this notice, please use 
                        <E T="03">http://www.regulations.gov</E>
                         by searching the Docket ID number ED-2019-ICCD-0030. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at 
                        <E T="03">http://www.regulations.gov</E>
                         by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the 
                        <E T="03">regulations.gov</E>
                         site is not available to the public for any reason, ED will temporarily accept comments at 
                        <E T="03">ICDocketMgr@ed.gov.</E>
                         Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. 
                        <E T="03">Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted.</E>
                         Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 550 12th Street SW, PCP, Room 9086, Washington, DC 20202-0023.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>For specific questions related to collection activities, please contact Beth Grebeldinger, 202-377-4018.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.</P>
                <P>
                    <E T="03">Title of Collection:</E>
                     Loan Cancellation in the Federal Perkins Loan Program.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     1845-0100.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     An extension of an existing information collection.
                </P>
                <P>
                    <E T="03">Respondents/Affected Public:</E>
                     Private Sector; Individuals or Households; State, Local, and Tribal Governments.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Responses:</E>
                     116,872.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Burden Hours:</E>
                     43,832.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     This is a request for an extension of the OMB approval for the record-keeping requirements contained in 34 CFR 674.53, 674.56, 674.57, 674.58 and 674.59. The information collections in these regulations are necessary to determine Federal Perkins Loan (Perkins Loan) Program borrower's eligibility to receive program benefits and to prevent fraud and abuse of program funds.
                </P>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>Kate Mullan,</NAME>
                    <TITLE>PRA Coordinator, Information Collection Clearance Program, Information Management Branch, Office of the Chief Information Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05280 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4000-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF EDUCATION</AGENCY>
                <DEPDOC>[Docket No. ED-2019-ICCD-0031]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Comment Request; Foreign Graduate Medical School Consumer Information Reporting Form</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Student Aid (FSA), Department of Education (ED).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension of an existing information collection.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Interested persons are invited to submit comments on or before May 20, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To access and review all the documents related to the information collection listed in this notice, please use 
                        <E T="03">http://www.regulations.gov</E>
                         by searching the Docket ID number ED-2019-ICCD-0031. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at 
                        <E T="03">http://www.regulations.gov</E>
                         by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the 
                        <E T="03">regulations.gov</E>
                         site is not available to the public for any reason, ED will temporarily accept comments at 
                        <E T="03">ICDocketMgr@ed.gov.</E>
                         Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. 
                        <E T="03">Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted.</E>
                         Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 550 12th Street SW, PCP, Room 9086, Washington, DC 20202-0023.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>For specific questions related to collection activities, please contact Beth Grebeldinger, 202-377-4018.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The Department of Education (ED), in 
                    <PRTPAGE P="10305"/>
                    accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.
                </P>
                <P>
                    <E T="03">Title of Collection:</E>
                     Foreign Graduate Medical School Consumer Information Reporting Form.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     1845-0117.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     An extension of an existing information collection.
                </P>
                <P>
                    <E T="03">Respondents/Affected Public:</E>
                     Private Sector; State, Local, and Tribal Governments.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Responses:</E>
                     24.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Burden Hours:</E>
                     384.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     This is a request for an extension of the information collection to obtain consumer information from foreign graduate medical institutions that participate in the Federal Direct Loan Program. The form is used for reporting specific graduation information to the Department of Education in accordance with 34 CFR 668.14(b)(7). This is done to improve consumer information available to prospective U.S. medical student interested in foreign medical institutions.
                </P>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>Kate Mullan,</NAME>
                    <TITLE>PRA Coordinator, Information Collection Clearance Program, Information Management Branch, Office of the Chief Information Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05281 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4000-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF ENERGY</AGENCY>
                <SUBJECT>Environmental Management Site-Specific Advisory Board Chairs</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Environmental Management, Department of Energy.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of open meeting: Correction.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>On March 4, 2019, the Department of Energy published a notice of open meeting announcing a meeting on May 8-9, 2019 of the Environmental Management Site-Specific Advisory Board Chairs (84 FR 7351). This document makes a correction to that notice.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>David Borak, EM SSAB Designated Federal Officer, U.S. Department of Energy, 1000 Independence Avenue SW, Washington, DC 20585; Phone: (202) 586-9928.</P>
                    <HD SOURCE="HD1">Corrections</HD>
                    <P>
                        In the 
                        <E T="04">Federal Register</E>
                         of March 4, 2019, in FR Doc. 2019-03811, on page 7351, please make the following correction:
                    </P>
                    <P>
                        In that notice under 
                        <E T="02">ADDRESSES</E>
                        , first column, third paragraph, the meeting address has been changed. The original address was City of Aiken Municipal Building, Conference Center, 215 The Alley SW, Aiken, South Carolina 29801. The new address is Hyatt House Augusta Downtown, 1268 Broad Street, Augusta, Georgia 30901.
                    </P>
                    <SIG>
                        <DATED>Signed in Washington, DC, on March 14, 2019.</DATED>
                        <NAME>LaTanya Butler,</NAME>
                        <TITLE>Deputy Committee Management Officer.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05235 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 6450-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Docket Nos. CP18-5-000, CP18-5-001]</DEPDOC>
                <SUBJECT>Notice Affording the Parties an Opportunity To File Pleadings: Constitution Pipeline Company, LLC</SUBJECT>
                <P>
                    1. On September 14, 2018, Constitution Pipeline Company, LLC, filed with the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) a petition for review of the Commission's orders in 
                    <E T="03">Constitution Pipeline Co., LLC,</E>
                     162 FERC ¶ 61,014 (2018), and 
                    <E T="03">Constitution Pipeline Co., LLC,</E>
                     164 FERC ¶ 61,029 (2018). On February 25, 2019, the Commission filed an unopposed motion for voluntary remand of the above-captioned proceedings 
                    <SU>1</SU>
                    <FTREF/>
                     so that it may consider the implications of the D.C. Circuit's decision in 
                    <E T="03">Hoopa Valley Tribe</E>
                     v. 
                    <E T="03">FERC.</E>
                    <SU>2</SU>
                    <FTREF/>
                     In the Voluntary Remand Motion, the Commission stated that it “will permit the parties to file, within 30 days of the Court's order on this motion, supplemental pleadings and record materials on the significance of the 
                    <E T="03">Hoopa Valley</E>
                     decision. The Commission will also permit the parties to file responsive pleadings within 30 days after that initial deadline.” 
                    <SU>3</SU>
                    <FTREF/>
                     The D.C. Circuit granted the Voluntary Remand Motion on February 28, 2019.
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         
                        <E T="03">Constitution Pipeline Co., LLC</E>
                         v. 
                        <E T="03">FERC,</E>
                         Unopposed Motion of Respondent Federal Energy Regulatory Commission for Voluntary Remand, No. 18-1251 (filed Feb. 25, 2019) (Voluntary Remand Motion).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         
                        <E T="03">Hoopa Valley Tribe</E>
                         v. 
                        <E T="03">FERC,</E>
                         913 F.3d 1099 (D.C. Cir. 2019) (
                        <E T="03">Hoopa Valley</E>
                         decision).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Voluntary Remand Motion at 2.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">Constitution Pipeline Co., LLC</E>
                         v. 
                        <E T="03">FERC,</E>
                         No. 18-1251, Order (issued Feb. 28, 2019).
                    </P>
                </FTNT>
                <P>
                    2. Accordingly, the parties are hereby afforded the opportunity to file supplemental pleadings and record materials with the Commission by April 1, 2019, addressing the significance to these proceedings of the 
                    <E T="03">Hoopa Valley</E>
                     decision. The parties may file responsive pleadings with the Commission by May 1, 2019.
                </P>
                <SIG>
                    <DATED>Dated: March 11, 2019.</DATED>
                    <NAME>Kimberly D. Bose,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05192 Filed 3-19-19; 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. ER19-1281-000]</DEPDOC>
                <SUBJECT>Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: Lexington Chenoa Wind Farm LLC</SUBJECT>
                <P>This is a supplemental notice in the above-referenced Lexington Chenoa Wind Farm LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.</P>
                <P>
                    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 
                    <PRTPAGE P="10306"/>
                    385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.
                </P>
                <P>Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is April 3, 2019.</P>
                <P>
                    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at 
                    <E T="03">http://www.ferc.gov.</E>
                     To facilitate electronic service, persons with internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.
                </P>
                <P>Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.</P>
                <P>
                    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email 
                    <E T="03">FERCOnlineSupport@ferc.gov.</E>
                     or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2019.</DATED>
                    <NAME>Kimberly D. Bose,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05206 Filed 3-19-19; 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. AD19-5-000]</DEPDOC>
                <SUBJECT>Notice of Technical Conference: Review of Cost Submittals by Other Federal Agencies for Administering Part I of the Federal Power Act</SUBJECT>
                <P>
                    In an order issued on October 8, 2004, the Commission set forth a guideline for Other Federal Agencies (OFAs) to submit their costs related to Administering Part I of the Federal Power Act. 
                    <E T="03">Order on Rehearing Consolidating Administrative Annual Charges Bill Appeals and Modifying Annual Charges Billing Procedures,</E>
                     109 FERC 61,040 (2004) (October 8 Order). The Commission required OFAs to submit their costs using the OFA Cost Submission Form. The October 8 Order also announced that a technical conference would be held for the purpose of reviewing the submitted cost forms and detailed supporting documentation.
                </P>
                <P>The Commission will hold a technical conference for reviewing the submitted OFA costs. The purpose of the conference will be for OFAs and licensees to discuss costs reported in the forms and any other supporting documentation or analyses.</P>
                <P>The technical conference will be held on March 28, 2019, in Conference Room 3M-3 at the Commission's headquarters, 888 First Street NE, Washington, DC. The technical conference will begin at 2:00 p.m. (EST).</P>
                <P>
                    The technical conference will also be transcribed. Those interested in obtaining a copy of the transcript immediately for a fee should contact the Ace-Federal Reporters, Inc., at 202-347-3700, or 1-800-336-6646. Two weeks after the post-forum meeting, the transcript will be available for free on the Commission's e-library system. Anyone without access to the Commission's website or who has questions about the technical conference should contact Raven A. Rodriguez at (202) 502-6276 or via email at 
                    <E T="03">annualcharges@ferc.gov.</E>
                </P>
                <P>
                    FERC conferences are accessible under section 508 of the Rehabilitation Act of 1973. For accessibility accommodations please send an email to 
                    <E T="03">accessibility@ferc.gov</E>
                     or call toll free (866) 208-3372 (voice), (202) 208-8659 (TTY), or send a FAX to 202-208-2106 with the required accommodations.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2019.</DATED>
                    <NAME>Kimberly D. Bose,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05204 Filed 3-19-19; 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 electric corporate filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EC19-67-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PacifiCorp, Cedar Springs Transmission LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Joint Application for Authorization Under Section 203 of the Federal Power Act, et al. of PacifiCorp, et al.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190313-5265.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/3/19.
                </P>
                <P>Take notice that the Commission received the following exempt wholesale generator filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG19-70-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Buckleberry Solar, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Notice of Self-Certification of Exempt Wholesale Generator Status of Buckleberry Solar, LLC.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/14/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190314-5096.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/4/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     EG19-71-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     CCP-PL Lessee III, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Notice of Self-Certification of Exempt Wholesale Generator Status of CCP-PL Lessee III, LLC.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/14/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190314-5097.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/4/19.
                </P>
                <P>Take notice that the Commission received the following electric rate filings:</P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER19-73-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Conemaugh Power Pass-Through Holders LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Compliance filing: Informational Filing to be effective 12/14/2018.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190313-5213.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/3/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER19-74-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Keystone Power Pass-Through Holders LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Compliance filing: Informational filing to be effective 12/14/2018.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190313-5215.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/3/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER19-603-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Tariff Amendment: Amendment to and Request for Shortened Comment in ER19-603 re: Effective Date to be effective 5/13/2019.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190313-5222.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/3/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER19-837-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     C.P. Crane LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Tariff Amendment: Amendment to New to be effective 1/19/2019.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190313-5223.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/3/19.
                </P>
                <PRTPAGE P="10307"/>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER19-1280-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Broadlands Wind Farm LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Baseline eTariff Filing: Market-Based Rate Application to be effective 5/13/2019.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190313-5204.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/3/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER19-1281-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Lexington Chenoa Wind Farm LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Baseline eTariff Filing: Market-Based Rate Application to be effective 5/13/2019.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190313-5214.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/3/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER19-1282-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Paulding Wind Farm IV LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Baseline eTariff Filing: Market-Based Rate Application to be effective 5/13/2019.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190313-5221.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/3/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER19-1283-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Exelon Corporation, Exelon Generation Company, LLC.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Conditional Request for Waiver of Exelon Corporation, on behalf of its subsidiary Exelon Generation Company, LLC.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190313-5241.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/3/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER19-1293-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Midcontinent Independent System Operator, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: 2019-03-14_SA 3265 Johnson Junction-Morris Line Upgrade MPFCA (J493 J526) to be effective 2/28/2019.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/14/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190314-5032.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/4/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER19-1297-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Southwest Power Pool, Inc.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: 1276R19 KCPL NITSA NOA to be effective 3/1/2019.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/14/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190314-5042.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/4/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER19-1298-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Southwestern Public Service Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: Wholesale Fuel Protocols Update— 3/1/19 to be effective 3/1/2019.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/14/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190314-5071.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/4/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER19-1299-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     El Paso Electric Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: Concurrence to APS Rate Schedule No. 212 to be effective 3/21/2012.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/14/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190314-5073.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/4/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     ER19-1300-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     PJM Interconnection, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 205(d) Rate Filing: Third Revised ISA, SA No. 2960; Queue No. AD1-052 to be effective 2/12/2019.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/14/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190314-5074.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 4/4/19.
                </P>
                <P>The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.</P>
                <P>Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</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>
                <SIG>
                    <DATED>Dated: March 14, 2019.</DATED>
                    <NAME>Kimberly D. Bose,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05201 Filed 3-19-19; 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. ER19-1282-000]</DEPDOC>
                <SUBJECT>Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization: Paulding Wind Farm IV LLC</SUBJECT>
                <P>This is a supplemental notice in the above-referenced Paulding Wind Farm IV LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.</P>
                <P>Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.</P>
                <P>Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is April 3, 2019.</P>
                <P>
                    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at 
                    <E T="03">http://www.ferc.gov.</E>
                     To facilitate electronic service, persons with internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.
                </P>
                <P>Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.</P>
                <P>
                    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email 
                    <E T="03">FERCOnlineSupport@ferc.gov.</E>
                     or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2019.</DATED>
                    <NAME>Kimberly D. Bose,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05207 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="10308"/>
                <AGENCY TYPE="S">DEPARTMENT OF ENERGY</AGENCY>
                <SUBAGY>Federal Energy Regulatory Commission</SUBAGY>
                <DEPDOC>[Docket No. ER19-1280-000]</DEPDOC>
                <SUBJECT>Broadlands Wind Farm LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization</SUBJECT>
                <P>This is a supplemental notice in the above-referenced Broadlands Wind Farm LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.</P>
                <P>Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.</P>
                <P>Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is April 3, 2019.</P>
                <P>
                    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at 
                    <E T="03">http://www.ferc.gov.</E>
                     To facilitate electronic service, persons with internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.
                </P>
                <P>Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE, Washington, DC 20426.</P>
                <P>
                    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the website that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email 
                    <E T="03">FERCOnlineSupport@ferc.gov.</E>
                     or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2019.</DATED>
                    <NAME>Kimberly D. Bose,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05205 Filed 3-19-19; 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. IC19-17-000]</DEPDOC>
                <SUBJECT>Commission Information Collection Activities (FERC Form No. 60, FERC-61, and FERC-555A); Consolidated Comment Request; Extension</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Energy Regulatory Commission, Department of Energy.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of information collections and request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the requirements and burden of the information collections described below.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on the collections of information are due May 20, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments (identified by Docket No. IC19-17-000) by either of the following methods:</P>
                    <P>
                        • 
                        <E T="03">eFiling at Commission's Website: http://www.ferc.gov/docs-filing/efiling.asp.</E>
                    </P>
                    <P>
                        • 
                        <E T="03">Mail/Hand Delivery/Courier:</E>
                         Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426.
                    </P>
                    <P>Please reference the specific collection number and/or title in your comments.</P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions must be formatted and filed in accordance with submission guidelines at: 
                        <E T="03">http://www.ferc.gov/help/submission-guide.asp.</E>
                         For user assistance contact FERC Online Support by email at 
                        <E T="03">ferconlinesupport@ferc.gov,</E>
                         or by phone at: (866) 208-3676 (toll-free), or (202) 502-8659 for TTY.
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         Users interested in receiving automatic notification of activity in this docket or in viewing/downloading comments and issuances in this docket may do so at 
                        <E T="03">http://www.ferc.gov/docs-filing/docs-filing.asp.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ellen Brown may be reached by email at 
                        <E T="03">DataClearance@FERC.gov,</E>
                         telephone at (202) 502-8663, and fax at (202) 273-0873.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P SOURCE="NPAR">
                    <E T="03">Type of Request:</E>
                     Three-year extension of the information collection requirements for all collections described below with no changes to the current reporting requirements. Please note the three collections are distinct.
                </P>
                <P>
                    <E T="03">Comments:</E>
                     Comments are invited on: (1) Whether the collections of information are necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency's estimates of the burden and cost of the collections of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collections; and (4) ways to minimize the burden of the collections of information on those who are to respond, including the use of automated collection techniques or other forms of information technology.
                </P>
                <HD SOURCE="HD1">
                    FERC Form No. 60 
                    <E T="51">1</E>
                    <FTREF/>
                     (Annual Report of Centralized Service Companies), FERC-61 (Narrative Description of Service Company Functions), and FERC-555A (Preservation of Records Companies and Service Companies Subject to PUHCA)
                </HD>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The Form No. 60 is also part of a Commission Notice of Proposed Rulemaking (NOPR) issued on January 17, 2019 in Docket No. RM19-12 that includes 10 information collections. 
                        <E T="03">See Revisions to the Filing Process for Commission Forms,</E>
                         166 FERC ¶ 61,027 (2019). The NOPR proposes to change the format of the information that is being collected from a Commission-distributed software application called Visual FoxPro (VFP) to a standard built on eXtensible Business Reporting Language (XBRL). Under the NOPR, the Commission is not proposing to change the information currently collected in the Form No. 60 (or in any of the VFP Forms), but rather to change the format of the information that is being collected from VFP to XBRL. Because there can be only one pending item per OMB Control No. pending OMB review at one time, the Form No. 60 is represented in the RM19-12 NOPR process as the “Form No. 60-A.”
                    </P>
                </FTNT>
                <P>
                    <E T="03">OMB Control No.:</E>
                     1902-0215.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     In accordance with the Energy Policy Act of 2005 (EPAct 2005), the Commission implemented the repeal of the Public Utility Holding Company Act of 1935 (PUHCA 1935) and implemented the provisions of a newly enacted Public Utility Holding Company Act 2005 (PUHCA 2005). Pursuant to PUHCA 2005, the Commission requires centralized service companies to file the Form No. 60, unless the company is exempted or granted a waiver pursuant to the Commission's regulations. The information collected in Form No. 60 
                    <PRTPAGE P="10309"/>
                    enables better monitoring for cross-subsidization, and aids the Commission in carrying out its statutory responsibilities. In addition, centralized service companies are required to follow the Commission's preservation of records requirements for centralized service companies.
                </P>
                <HD SOURCE="HD2">FERC Form No. 60</HD>
                <P>Form No. 60 is an annual reporting requirement for centralized service companies set forth in 18 CFR 366.23. The report's function is to collect financial information (including balance sheet, assets, liabilities, billing and charges for associated and non-associated companies) from centralized service companies subject to the Commission's jurisdiction. Unless the Commission exempts or grants a waiver pursuant to 18 CFR 366.3 and 366.4 to the holding company system, every centralized service company in a holding company system must prepare and file electronically with the FERC the Form No. 60, pursuant to the General Instructions in the form.</P>
                <HD SOURCE="HD2">FERC-61</HD>
                <P>FERC-61 is a filing requirement for service companies in holding company systems (including special purpose companies) that are currently exempt or granted a waiver of FERC's regulations and would not have to file the FERC Form No. 60. Instead, those service companies are required to file, on an annual basis, a narrative description of the service company's functions during the prior calendar year (FERC-61). In complying, a holding company may make a single filing on behalf of all of its service company subsidiaries.</P>
                <HD SOURCE="HD2">FERC-555A</HD>
                <P>The Commission's regulations prescribe a mandated preservation of records requirements for holding companies and service companies (unless otherwise exempted by FERC). This requires them to maintain and make available to FERC, their books and records. The preservation of records requirement provides for uniform records retention by holding companies and centralized service companies subject to PUHCA 2005.</P>
                <P>Data from the FERC Form No. 60, FERC-61, and FERC-555A provide a level of transparency that: (1) Helps protect ratepayers from pass-through of improper service company costs, (2) enables the Commission to review and determine cost allocations (among holding company members) for certain non-power goods and services, (3) aids the Commission in meeting its oversight and market monitoring obligations, and (4) benefits the public, both as ratepayers and investors. In addition, the Commission's audit staff uses these records during compliance reviews and special analyses.</P>
                <P>If data from the FERC Form No. 60, FERC-61, and FERC-555A were not available, it would be difficult for the Commission to meet its statutory responsibilities under EPAct 1992, EPAct of 2005, and PUHCA 2005, and the Commission would have fewer of the regulatory mechanisms necessary to ensure transparency and protect ratepayers.</P>
                <P>
                    <E T="03">Type of Respondent:</E>
                     Centralized service companies
                </P>
                <P>
                    <E T="03">Estimate of Annual Burden:</E>
                     The Commission estimates the annual public reporting burden for the information collection as:
                </P>
                <GPOTABLE COLS="7" OPTS="L2(,0,),p7,7/8,i1" CDEF="s50,12,12,12,xs90,xs90,12">
                    <TTITLE>FERC Form No. 60 (Annual Report of Centralized Service Companies), FERC-61 (Narrative Description of Service Company Functions), and FERC-555A (Preservation of Records Holding Companies and Service Companies Subject to PUHCA)</TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1">
                            Number of 
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Annual 
                            <LI>number of </LI>
                            <LI>responses per</LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Total number 
                            <LI>of responses</LI>
                        </CHED>
                        <CHED H="1">
                            Average Burden &amp; cost
                            <LI>
                                per response 
                                <SU>2</SU>
                            </LI>
                        </CHED>
                        <CHED H="1">
                            Total annual burden hours
                            <LI>&amp; total annual cost</LI>
                        </CHED>
                        <CHED H="1">
                            Cost per 
                            <LI>respondent</LI>
                            <LI>($)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW RUL="r,s">
                        <ENT I="25"> </ENT>
                        <ENT>(1)</ENT>
                        <ENT>(2)</ENT>
                        <ENT>(1) * (2) = (3)</ENT>
                        <ENT>(4)</ENT>
                        <ENT>(3) * (4) = (5)</ENT>
                        <ENT>
                            (5) ÷ (1) 
                            <SU>3</SU>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Form No. 60 
                            <SU>4</SU>
                        </ENT>
                        <ENT>39</ENT>
                        <ENT>1</ENT>
                        <ENT>39</ENT>
                        <ENT>75 hrs.; $4,749</ENT>
                        <ENT>2,925 hrs.; $185,211</ENT>
                        <ENT>4,749</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            Form No. 61 
                            <SU>5</SU>
                        </ENT>
                        <ENT>78</ENT>
                        <ENT>1</ENT>
                        <ENT>78</ENT>
                        <ENT>0.5 hrs.; $19.84</ENT>
                        <ENT>39 hrs.; $1,548</ENT>
                        <ENT>19.84</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">
                            Form No. 555A 
                            <SU>6</SU>
                        </ENT>
                        <ENT>117</ENT>
                        <ENT>1</ENT>
                        <ENT>117</ENT>
                        <ENT>1,080 hrs.; $36,061</ENT>
                        <ENT>126,360 hrs.; $4,219,160</ENT>
                        <ENT>36,061</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total Paperwork Burden</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT>234</ENT>
                        <ENT/>
                        <ENT>129,324 hrs.; $4,405,919</ENT>
                        <ENT/>
                    </ROW>
                </GPOTABLE>
                <P>
                     
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         The estimates for cost per response are derived using the following formula: Average Burden Hours per Response * $79.00/hour = Average cost/response. The figure is the 2018 FERC average hourly cost (for wages and benefits) of $79.00 (and an average annual salary of $164,820/year). Commission staff is using the FERC average salary because we consider any reporting requirements completed in response to the FERC-537 to be compensated at rates similar to the work of FERC employees.
                    </P>
                    <P>
                        <SU>3</SU>
                         Each of the figures in this column are rounded to the nearest dollar.
                    </P>
                    <P>
                        <SU>4</SU>
                         For the FERC Form No. 60, the $63.32 hourly cost figure comes from the average cost (wages plus benefits) of a utility management analyst (Occupation Code 13-1111) and an accountant (Occupation Code 13-2011) as posted on the Bureau of Labor Statistics (BLS) website (
                        <E T="03">http://www.bls.gov/oes/current/naics2_22.htm</E>
                        ).
                    </P>
                    <P>
                        <SU>5</SU>
                         For the FERC-61, the $39.68 hourly cost figure comes from the cost of a records clerk (Occupation Code 43-4199) as posted on the BLS website (
                        <E T="03">http://www.bls.gov/oes/current/naics2_22.htm</E>
                        ).
                    </P>
                    <P>
                        <SU>6</SU>
                         For the FERC-555A, the $33.39 hourly cost figure comes from the average cost (wages plus benefits) of a file clerk (Occupation Code 43-4071) as posted on the BLS website (
                        <E T="03">http://www.bls.gov/oes/current/naics2_22.htm</E>
                        ).
                    </P>
                </FTNT>
                <GPOTABLE COLS="4" OPTS="L2(,0,),i1" CDEF="s50,12,12,12">
                    <TTITLE>FERC-555A Record Rentention Requirements</TTITLE>
                    <BOXHD>
                        <CHED H="1"> </CHED>
                        <CHED H="1">
                            Total number 
                            <LI>of respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Cost per 
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">Total annual burden hours &amp; total annual costs</CHED>
                    </BOXHD>
                    <ROW RUL="s">
                        <ENT I="25"> </ENT>
                        <ENT>(1) * (2) = (3)</ENT>
                        <ENT>(4)</ENT>
                        <ENT>(3) * (4) = (5)</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Paper Storage</ENT>
                        <ENT>117</ENT>
                        <ENT>$387.60</ENT>
                        <ENT>$45,349.20</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">Electronic Storage</ENT>
                        <ENT>117</ENT>
                        <ENT>15.25</ENT>
                        <ENT>1,784.25</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="10310"/>
                        <ENT I="03">Total Storage Burden</ENT>
                        <ENT>117</ENT>
                        <ENT/>
                        <ENT>47,133.45</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    <E T="03">Total Annual Cost:</E>
                     $4,409,919
                    <FTREF/>
                     (Paperwork Burden) + $47,133.45 (Record Retention) = $4,453,052.45.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         Each of the 117 entities is assumed to have both paper and electronic record retention.
                    </P>
                </FTNT>
                <P>A more accurate breakdown of the FERC-60/61/555A cost categories follows:</P>
                <P>
                    <E T="03">Labor Cost:</E>
                     The total estimated annual cost for labor burden to respondents is $4,405,919 [$185,211 (FERC Form No. 60) + $1,548 (FERC-61) + $4,219,160 (FERC-555A)].
                </P>
                <P>
                    <E T="03">FERC Form No. 60:</E>
                     2925 hours (75 hours × 39 respondents) * $63.32/hour = $185,211.
                </P>
                <P>
                    <E T="03">FERC-61:</E>
                     39 hours (.5 hours × 78 respondents) * $39.68/hour = $1,548.
                </P>
                <P>
                    <E T="03">FERC-555A:</E>
                     126,360 hours (1080 hours × 117 respondents) * $33.39/hour = $4,219,160.
                </P>
                <P>
                    <E T="03">Storage Cost:</E>
                     
                    <SU>8</SU>
                    <FTREF/>
                     In addition to the labor (burden cost provided above) the table reflects an additional cost for record retention and storage:
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         Internal analysis assumes 50% paper storage and 50% electronic storage.
                    </P>
                </FTNT>
                <P>• Paper storage costs (using an estimate of 60 cubic feet × $6.46 per cubic foot): $387.60 per respondent annually. Total annual paper storage cost to industry ($387.60 × 117 respondents): $45,349.20. This estimate assumes that a respondent stores the same volume of paper as it did in the past and that the cost of such storage has not changed. We expect that this estimate should trend downward over time as more companies move away from paper storage and rely more heavily on electronic storage.</P>
                <P>• Electronic storage costs: $15.25 per respondent annually. Total annual electronic storage cost to industry ($15.25 × 117 respondents): $1,784.25. This calculation retains the previous estimate that storage of 1GB per year cost of $15.25. We expect that this estimate should trend downward over time as the cost of electronic storage technology, including cloud storage, continues to decrease. For example, external hard drives of approximately 500GB are available for approximately $50. In addition, cloud storage plans from multiple providers for 1TB of storage (with a reasonable amount of requests and data transfers) are available for less than $35 per month.</P>
                <SIG>
                    <DATED>Dated: March 14, 2019.</DATED>
                    <NAME>Kimberly D. Bose,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05208 Filed 3-19-19; 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 Number:</E>
                     PR19-22-001.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Boston Gas Company.
                </P>
                <P>
                    <E T="03">Description:</E>
                     Tariff filing per 284.123(b),(e)/: Amendment to Revised Statement of Operating Conditions to be effective 1/1/2019.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/12/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     201903125109.
                </P>
                <P>
                    <E T="03">Comments/Protests Due:</E>
                     5 p.m. ET 4/2/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP19-829-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Natural Gas Pipeline Company of America.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 4(d) Rate Filing: Negotiated Rate Agreement—Occidental Energy to be effective 4/1/2019.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190313-5000.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 3/25/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP19-830-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Horizon Pipeline Company, L.L.C.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 4(d) Rate Filing: Negotiated Rate Agreement Filing-Natural Gas Pipeline Company of America to be effective 4/1/2019.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190313-5001.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 3/25/19.
                </P>
                <P>
                    <E T="03">Docket Numbers:</E>
                     RP19-831-000.
                </P>
                <P>
                    <E T="03">Applicants:</E>
                     Iroquois Gas Transmission System, L.P.
                </P>
                <P>
                    <E T="03">Description:</E>
                     § 4(d) Rate Filing: 031319 Negotiated Rates—Macquarie Energy LLC R-4090-18 to be effective 4/1/2019.
                </P>
                <P>
                    <E T="03">Filed Date:</E>
                     3/13/19.
                </P>
                <P>
                    <E T="03">Accession Number:</E>
                     20190313-5005.
                </P>
                <P>
                    <E T="03">Comments Due:</E>
                     5 p.m. ET 3/25/19.
                </P>
                <P>The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.</P>
                <P>Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.</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>
                <SIG>
                    <DATED>Dated: March 14, 2019.</DATED>
                    <NAME>Kimberly D. Bose,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05202 Filed 3-19-19; 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. CP19-26-000]</DEPDOC>
                <SUBJECT>Dominion Energy Transmission, Inc.; Notice of Schedule for Environmental Review of the West Loop Project</SUBJECT>
                <P>
                    On December 18, 2018, Dominion Energy Transmission, Inc. (DETI) filed an application in Docket No. CP19-26-000 requesting a Certificate of Public Convenience and Necessity pursuant to Section 7(c) of the Natural Gas Act to construct and operate certain natural gas pipeline facilities. The proposed project is known as the West Loop Project (Project), and would provide 150,000 dekatherms per day of natural gas to a new power plant that is being built in Columbiana County, Ohio to replace retiring coal-fired power and help meet the increasing demand for electricity in the Midwest.
                    <PRTPAGE P="10311"/>
                </P>
                <P>On December 31, 2018, the Federal Energy Regulatory Commission (Commission or FERC) issued its Notice of Application for the Project. Among other things, that notice alerted agencies issuing federal authorizations of the requirement to complete all necessary reviews and to reach a final decision on a request for a federal authorization within 90 days of the date of issuance of the Commission staff's Environmental Assessment (EA) for the Project. This instant notice identifies the FERC staff's planned schedule for the completion of the EA for the Project.</P>
                <HD SOURCE="HD1">Schedule for Environmental Review</HD>
                <FP SOURCE="FP-1">Issuance of EA May 28, 2019</FP>
                <FP SOURCE="FP-1">90-day Federal Authorization Decision Deadline August 26, 2019</FP>
                <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 West Loop Project consists of 5.1 miles of natural gas pipeline loop in Beaver County, Pennsylvania; modifications at two existing compressor stations in Beaver County Pennsylvania and Carroll County, Ohio; and other appurtenant facilities at existing aboveground facilities in Beaver and Lawrence Counties, Pennsylvania.</P>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    On January 9, 2019, the Commission issued a 
                    <E T="03">Notice of Intent to Prepare an Environmental Assessment for the Proposed West Loop Project and Request for Comments on Environmental Issues</E>
                     (NOI). The NOI was sent to affected landowners; federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers. No comments have been received.
                </P>
                <HD SOURCE="HD1">Additional Information</HD>
                <P>
                    In order to receive notification of the issuance of the EA and to keep track of all formal issuances and submittals in specific dockets, the Commission offers a free service called eSubscription. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to 
                    <E T="03">www.ferc.gov/docs-filing/esubscription.asp.</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>
                     CP19-26), 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 14, 2019.</DATED>
                    <NAME>Kimberly D. Bose,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05203 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6717-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
                <DEPDOC>[OMB 3060-1214]</DEPDOC>
                <SUBJECT>Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority</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, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid 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 Office of Management and Budget (OMB) control number.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Written PRA comments should be submitted on or before May 20, 2019. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contact listed below as soon as possible.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Direct all PRA comments to Nicole Ongele, FCC, via email 
                        <E T="03">PRA@fcc.gov</E>
                         and to 
                        <E T="03">Nicole.Ongele@fcc.gov</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>For additional information about the information collection, contact Nicole Ongele at (202) 418-2991.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    <E T="03">OMB Control Number:</E>
                     3060-1214.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Direct Access to Numbers Order, FCC 15-70, Conditions.
                </P>
                <P>
                    <E T="03">Form Number:</E>
                     N/A.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension of a currently approved collection.
                </P>
                <P>
                    <E T="03">Respondents:</E>
                     Business or other for-profit.
                </P>
                <P>
                    <E T="03">Number of Respondents and Responses:</E>
                     13 respondents; 13 responses.
                </P>
                <P>
                    <E T="03">Estimated Time per Response:</E>
                     40 hours.
                </P>
                <P>
                    <E T="03">Frequency of Response:</E>
                     One-time application, on-going and bi-annual reporting requirements.
                </P>
                <P>
                    <E T="03">Obligation to Respond:</E>
                     Voluntary. Statutory authority for this information collection is contained in 47 U.S.C 251(e)(1).
                </P>
                <P>
                    <E T="03">Total Annual Burden:</E>
                     520 hours.
                </P>
                <P>
                    <E T="03">Total Annual Costs:</E>
                     No Cost.
                </P>
                <P>
                    <E T="03">Privacy Act Impact Assessment:</E>
                     No impact(s).
                </P>
                <P>
                    <E T="03">Nature and Extent of Confidentiality:</E>
                     If respondents submit information which respondents believe is confidential, respondents may request confidential treatment of such information pursuant to section 0.459 of the Commission's rules, 47 CFR 0.459.
                </P>
                <P>
                    <E T="03">Needs and Uses:</E>
                     In a June 2015 Report and Order (FCC 15-70), the Federal Communications Commission (FCC) established the Numbering Authorization Application process, which allows interconnected VoIP providers to apply for a blanket authorization from the FCC that, once granted, will allow them to demonstrate that they have the authority to provide service in specific areas, thus enabling them to request numbers directly from the Numbering Administrators. This collection covers the information and certifications that applicants must submit in order to comply with the Numbering Authorization Application 
                    <PRTPAGE P="10312"/>
                    process. The data, information, and documents acquired through this collection will allow interconnected VoIP providers to obtain numbers with minimal burden or delay while also preventing providers from obtaining numbers without first demonstrating that they can deploy and properly utilize such resources. This information will also help the FCC protect against number exhaust while promoting competitive neutrality among traditional telecommunications carriers and interconnected VoIP providers by allowing both entities to obtain numbers directly from the Numbering Administrators. It will further help the FCC to maintain efficient utilization of numbering resources and ensure that telephone numbers are not being stranded.
                </P>
                <SIG>
                    <FP>Federal Communications Commission.</FP>
                    <NAME>Marlene Dortch,</NAME>
                    <TITLE>Secretary, Office of the Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05233 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6712-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">FEDERAL COMMUNICATIONS COMMISSION</AGENCY>
                <DEPDOC>[DA 19-157]</DEPDOC>
                <SUBJECT>Disability Advisory Committee; Announcement of First Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Communications Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In this document, the Commission announces and provides an agenda for the first meeting of the third term of its Disability Advisory Committee (DAC or Committee).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Wednesday, April 10, 2019. The meeting will come to order at 9:00 a.m. Eastern Time.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Federal Communications Commission, 445 12th Street SW, Washington, DC 20554, in the Commission Meeting Room.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Will Schell, Designated Federal Officer (DFO), at (202) 418-0767 (voice) or 
                        <E T="03">DAC@fcc.gov;</E>
                         or Debra Patkin, Alternate DFO, at (202) 870-5226 (voice or videophone for American Sign Language users).
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    This meeting is open to members of the general public. The meeting will be webcast with open captioning at: 
                    <E T="03">www.fcc.gov/</E>
                    live. In addition, a reserved amount of time will be available on the agenda for comments and inquiries from the public. Members of the public may comment or ask questions of presenters via the email address 
                    <E T="03">livequestions@fcc.gov.</E>
                </P>
                <P>
                    The meeting site is fully accessible to people using wheelchairs or other mobility aids. Sign language interpreters, open captioning, and assistive listening devices will be provided on site. Other reasonable accommodations for people with disabilities are available upon request. Requests for such accommodations or for materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format) should be submitted via email to: 
                    <E T="03">fcc504@fcc.gov</E>
                     or by calling the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Such requests should include a detailed description of the accommodation needed and a way for the FCC to contact the requester if more information is needed to fill the request. Requests should be made as early as possible; last minute requests will be accepted but may not be possible to accommodate.
                </P>
                <P>
                    <E T="03">Proposed Agenda:</E>
                     At this meeting, the DAC is expected to discuss the roles and responsibilities of the Committee and its members; issues that the Committee will address; meeting schedules; and any other topics relevant to the DAC's work. The DAC may also receive briefings from Commission staff on issues of interest to the Committee and may discuss topics of interest to the committee, including, but not limited to, matters concerning communications transitions, telecommunications relay services, emergency access, and video programming accessibility.
                </P>
                <SIG>
                    <FP>Federal Communications Commission.</FP>
                    <NAME>Eliot Greenwald,</NAME>
                    <TITLE>Deputy Chief, Disability Rights Office, Consumer and Governmental Affairs Bureau.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05179 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 6712-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL MARITIME COMMISSION</AGENCY>
                <SUBJECT>Notice of Agreement 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 on the agreement to the Secretary by email at 
                    <E T="03">Secretary@fmc.gov,</E>
                     or by mail, Federal Maritime Commission, Washington, DC 20573, within twelve days of the date this notice appears in the 
                    <E T="04">Federal Register</E>
                    . Copies of agreements 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>
                     012472-003.
                </P>
                <P>
                    <E T="03">Agreement Name:</E>
                     Yang Ming/COSCO Shipping Slot Exchange Agreement.
                </P>
                <P>
                    <E T="03">Parties:</E>
                     COSCO Shipping Lines Co. Ltd.; and Yang Ming Marie Transport Corp. and Yang Ming (UK) Ltd. (acting as a single party).
                </P>
                <P>
                    <E T="03">Filing Party:</E>
                     Robert Magovern; Cozen O'Connor.
                </P>
                <P>
                    <E T="03">Synopsis:</E>
                     The amendment revises Article 5 of the Agreement to update the respective services on which the parties will exchange space, effective April 1, 2019.
                </P>
                <P>
                    <E T="03">Proposed Effective Date:</E>
                     3/13/2019.
                </P>
                <P>
                    <E T="03">Location: https://www2.fmc.gov/FMC.Agreements.Web/Public/AgreementHistory/1969.</E>
                </P>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>JoAnne D. O' Bryant, </NAME>
                    <TITLE>Program Analyst.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05301 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 6731-AA-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">FEDERAL RESERVE SYSTEM</AGENCY>
                <SUBJECT>Formations of, Acquisitions by, and Mergers of Bank Holding Companies</SUBJECT>
                <P>
                    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 
                    <E T="03">et seq.</E>
                    ) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.
                </P>
                <P>The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.</P>
                <P>Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than April 15, 2019.</P>
                <P>
                    <E T="03">A. Federal Reserve Bank of Kansas City</E>
                     (Dennis Denney, Assistant Vice 
                    <PRTPAGE P="10313"/>
                    President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:
                </P>
                <P>
                    1. 
                    <E T="03">Bethany Bankshares, Inc., Bethany, Missouri;</E>
                     to merge with Fairport Bancshares, Inc., and thereby indirectly acquire The Bank of Fairport, both of Maysville, Missouri.
                </P>
                <SIG>
                    <DATED>Board of Governors of the Federal Reserve System, March 15, 2019.</DATED>
                    <NAME>Yao-Chin Chao,</NAME>
                    <TITLE>Assistant Secretary of the Board.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05240 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 6210-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Centers for Disease Control and Prevention</SUBAGY>
                <DEPDOC>[60Day-19-1125; Docket No. CDC-2019-0017]</DEPDOC>
                <SUBJECT>Proposed Data Collection Submitted for Public Comment and Recommendations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice with comment period.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Centers for Disease Control and Prevention (CDC), as part of its continuing effort to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies the opportunity to comment on a proposed and/or continuing information collection, as required by the Paperwork Reduction Act of 1995. This notice invites comment on a proposed information collection project titled “Ingress/egress and work boot outsole wear investigation at surface mines.” The goal of this work is to investigate how ingress/egress systems on mobile equipment and personal protective footwear (work boots) used by miners may lead to slips, trips and falls by interviewing and surveying mine workers and examining work boot outsole characteristics.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>CDC must receive written comments on or before May 20, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments, identified by Docket No. CDC-2019-0017 by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal: Regulations.gov</E>
                        . Follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Jeffrey M. Zirger, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS-D74, Atlanta, Georgia 30329.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions received must include the agency name and Docket Number. CDC will post, without change, all relevant comments to 
                        <E T="03">Regulations.gov</E>
                        .
                    </P>
                </ADD>
                <NOTE>
                    <HD SOURCE="HED">Please note:</HD>
                    <P>
                        Submit all comments through the Federal eRulemaking portal (
                        <E T="03">regulations.gov</E>
                        ) or by U.S. mail to the address listed above.
                    </P>
                </NOTE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact Jeffery M. Zirger, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: 
                        <E T="03">omb@cdc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the 
                    <E T="04">Federal Register</E>
                     concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to the OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.
                </P>
                <P>The OMB is particularly interested in comments that will help:</P>
                <P>1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</P>
                <P>2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;</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 through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.,</E>
                     permitting electronic submissions of responses.
                </P>
                <P>5. Assess information collection costs.</P>
                <HD SOURCE="HD1">Proposed Project</HD>
                <P>Ingress/egress and work boot outsole wear investigation at surface mines (OMB Control No. 0920-1125, Expiration Date 9/30/2019)—Extension—National Institute for Occupational Safety and Health (NIOSH), Centers for Disease Control and Prevention (CDC).</P>
                <HD SOURCE="HD1">Background and Brief Description</HD>
                <P>The mission of the National Institute for Occupational Safety and Health (NIOSH) is to promote safety &amp; health at work for all people through research and prevention. NIOSH, under Public Law 91-173 as amended by Public Law 95-164 (Federal Mine Safety and Health Act of 1977) has the responsibility to conduct research to improve working conditions and to prevent accidents and occupational diseases in the U.S. mining sector. The goal of the proposed project is to investigate how ingress/egress systems on mobile equipment, and personal protective footwear (boots) used by miners may lead to slips, trips and falls at stone, sand and gravel surface mining facilities. NIOSH is requesting a 2-year extension for this data collection. The extension is requested to help complete data collection for the boot outsole wear study. The results of the boot outsole wear study will be used to inform mine policy and practices by providing miners and mine managers with the knowledge to determine when to replace footwear based on measurable features of the boot outsoles.</P>
                <P>The project objective will be achieved through two studies. The first study aims to: Identify elements of ingress/egress systems on haulage trucks and front end loaders that pose a risk of slips, trips, and falls (STFs) and could lead to STF related injuries; to determine worker behavior associated with STF incidents; and to learn how purchasing/maintenance decisions are made for ingress/egress systems. In the surface mining industry, it is still unclear which component of the ingress/egress system poses the greatest risk for STF. Hence, there is a need to understand where, how, and why STF incidents occur during ingress/egress on mobile equipment.</P>
                <P>
                    NIOSH will conduct semi-structured interviews and focus groups with mobile equipment operators, and interviews will be conducted with mine management to explore the issues identified above. Focus groups will be conducted in a private setting with 4-6 participants using a predefined list of questions to help guide the discussion. Semi-structured interviews will be 
                    <PRTPAGE P="10314"/>
                    conducted either in person or over the telephone. Two separate interview guides will be used for mobile equipment operators and mine management to guide the discussion.
                </P>
                <P>For the focus groups and semi-structured interviews, NIOSH will collect basic demographic information including years of mining experience, years of experience with haul trucks/front end loaders, and models of haul trucks/front end loaders operated most often in the past year. The semi-structured interviews and focus groups will be audio recorded for further analysis of the discussion. The semi-structured interviews will last no longer than 60 minutes and the focus groups will last no longer than 90 minutes.</P>
                <P>The second study aims to identify changes in tread (wear) on the work boot outsoles and other outsole characteristics of the boot outsole which that will be used in further analysis to develop guidelines for work boot replacement based on measureable features of boot outsoles. This information will also be used in further analysis to and to determine desirable and undesirable features of work boots based on mine characteristics or job activities. Most mining companies replace footwear at a pre-determined interval, or based on appearance and comfort with little knowledge of the actual condition of the boot outsole and its influence on the likelihood of a STF incident. Although there have been attempts to quantify shoe outsole wear in industrial work when the shoe was ready for disposal, there is a lack of knowledge in the mining industry on how quickly the outsoles of work boots wear, what sorts of wear occur, and how wear patterns influence the likelihood of a STF. This study aims to address this concern through two parts: A longitudinal study of boot outsole wear characteristics and a cross-sectional evaluation of boot outsoles characteristics.</P>
                <P>For the longitudinal study, NIOSH will provide participants with a pair of new work boots of their choice, in accordance with their respective mine requirements and policies. Afterwards, participants will complete a preliminary survey and provide some basic demographic information, details of their current work boots, and details of STF incidents in the past 3 months. Participants will be requested to wear the supplied boots at work and treat the boots as they would any pair of work boots they would commonly wear at work.</P>
                <P>NIOSH researchers will scan the boot outsoles longitudinally, at 2-3 month intervals for the length of the study. To better understand wear patterns and risks, participants will complete a recurring survey that records hours worked, locations commonly visited, and tasks performed along with details of any near miss or STF events. These self-reports will be collected via survey on a bi-weekly basis. Participants will be offered multiple modalities to respond to the survey (in-person, on paper, over the telephone, via email or using an online survey) to increase response rates. When a participant feels their boots need to be replaced (or when the end of the two-year tracking period has been reached), at the end of the study, the participant will complete a final survey assessing why the boots were at the end of their life, and will return their boots to NIOSH researchers for further analysis.</P>
                <P>For the cross cross-sectional study, participants' current work boots will be scanned and participants will complete the preliminary survey that includes basic demographic information, details of current work boots, and details of STF slip, trip or fall events in the past three months.</P>
                <P>The results of these research studies will have very different applications, but one goal: Reducing the risks of STF accidents at surface mining facilities. The total estimated burden hours are 643. There is no cost to the respondents other than their time.</P>
                <GPOTABLE COLS="6" OPTS="L2,i1" CDEF="s50,r50,12,12,12,12">
                    <TTITLE>Estimated Annualized Burden Hours</TTITLE>
                    <BOXHD>
                        <CHED H="1">Type of respondents</CHED>
                        <CHED H="1">Form name</CHED>
                        <CHED H="1">
                            Number of 
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Number of 
                            <LI>responses per </LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Avg. burden per response 
                            <LI>(in hrs.)</LI>
                        </CHED>
                        <CHED H="1">
                            Total burden 
                            <LI>(in hrs.)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Mobile equipment Operators</ENT>
                        <ENT>Mobile equipment operators focus group guide</ENT>
                        <ENT>25</ENT>
                        <ENT>1</ENT>
                        <ENT>75/60</ENT>
                        <ENT>31</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Mobile equipment Operators</ENT>
                        <ENT>Mobile equipment operator interview guide</ENT>
                        <ENT>10</ENT>
                        <ENT>1</ENT>
                        <ENT>45/60</ENT>
                        <ENT>8</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Mine Management</ENT>
                        <ENT>Mine Management Interview Guide</ENT>
                        <ENT>15</ENT>
                        <ENT>1</ENT>
                        <ENT>45/60</ENT>
                        <ENT>11</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Mine Worker</ENT>
                        <ENT>Screening Questionnaire</ENT>
                        <ENT>50</ENT>
                        <ENT>1</ENT>
                        <ENT>6/60</ENT>
                        <ENT>5</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Mine Worker</ENT>
                        <ENT>Informed consent form (Longitudinal boot outsole study)</ENT>
                        <ENT>50</ENT>
                        <ENT>1</ENT>
                        <ENT>12/60</ENT>
                        <ENT>10</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Mine Worker</ENT>
                        <ENT>Preliminary survey</ENT>
                        <ENT>150</ENT>
                        <ENT>1</ENT>
                        <ENT>15/60</ENT>
                        <ENT>38</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Mine Worker</ENT>
                        <ENT>Recurring survey</ENT>
                        <ENT>50</ENT>
                        <ENT>52</ENT>
                        <ENT>12/60</ENT>
                        <ENT>520</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Mine Worker</ENT>
                        <ENT>Final Survey</ENT>
                        <ENT>50</ENT>
                        <ENT>1</ENT>
                        <ENT>6/60</ENT>
                        <ENT>5</ENT>
                    </ROW>
                    <ROW RUL="rn,n,s">
                        <ENT I="01">Mine Worker</ENT>
                        <ENT>Talent and consent waiver</ENT>
                        <ENT>150</ENT>
                        <ENT>1</ENT>
                        <ENT>6/60</ENT>
                        <ENT>15</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT>643</ENT>
                    </ROW>
                </GPOTABLE>
                <SIG>
                    <NAME>Jeffrey M. Zirger,</NAME>
                    <TITLE>Lead, Information Collection Review Office, Office of Scientific Integrity, Office of Science, Centers for Disease Control and Prevention.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05187 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4163-18-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="10315"/>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Centers for Disease Control and Prevention</SUBAGY>
                <DEPDOC>[60Day-19-0824; Docket No. CDC-2019-0024]</DEPDOC>
                <SUBJECT>Proposed Data Collection Submitted for Public Comment and Recommendations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice with comment period.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Centers for Disease Control and Prevention (CDC), as part of its continuing effort to reduce public burden and maximize the utility of government information, invites the general public and other Federal agencies the opportunity to comment on a proposed and/or continuing information collection, as required by the Paperwork Reduction Act of 1995. This notice invites comment on a proposed information collection project titled the National Syndromic Surveillance Program (NSSP). The NSSP promotes and advances development of a syndromic surveillance system for the timely exchange of syndromic data.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>CDC must receive written comments on or before May 20, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments, identified by Docket No. CDC-2019-0024 by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal: Regulations.gov</E>
                        . Follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Jeffrey M. Zirger, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS-D74, Atlanta, Georgia 30329.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions received must include the agency name and Docket Number. CDC will post, without change, all relevant comments to 
                        <E T="03">Regulations.gov</E>
                        .
                    </P>
                </ADD>
                <NOTE>
                    <HD SOURCE="HED">Please note:</HD>
                    <P>
                        Submit all comments through the Federal eRulemaking portal (
                        <E T="03">regulations.gov</E>
                        ) or by U.S. mail to the address listed above.
                    </P>
                </NOTE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        To request more information on the proposed project or to obtain a copy of the information collection plan and instruments, contact Leroy A. Richardson, Information Collection Review Office, Centers for Disease Control and Prevention, 1600 Clifton Road NE, MS-D74, Atlanta, Georgia 30329; phone: 404-639-7570; Email: 
                        <E T="03">omb@cdc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. In addition, the PRA also requires Federal agencies to provide a 60-day notice in the 
                    <E T="04">Federal Register</E>
                     concerning each proposed collection of information, including each new proposed collection, each proposed extension of existing collection of information, and each reinstatement of previously approved information collection before submitting the collection to the OMB for approval. To comply with this requirement, we are publishing this notice of a proposed data collection as described below.
                </P>
                <P>The OMB is particularly interested in comments that will help:</P>
                <P>1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</P>
                <P>2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;  </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 through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.,</E>
                     permitting electronic submissions of responses.
                </P>
                <P>5. Assess information collection costs.</P>
                <HD SOURCE="HD1">Proposed Project</HD>
                <P>National Syndromic Surveillance Program—Revision—Center for Surveillance, Epidemiology and Laboratory Services (CSELS), Centers for Disease Control and Prevention (CDC).</P>
                <HD SOURCE="HD1">Background and Brief Description</HD>
                <P>Syndromic surveillance uses syndromic data and statistical tools to detect, monitor, and characterize unusual activity for further public health investigation or response. Syndromic data include electronic extracts of electronic health records (EHRs) from patient encounter data from emergency departments, urgent care, ambulatory care, and inpatient healthcare settings, as well as pharmacy and laboratory data. Though these data are being captured for different purposes, they are monitored in near real-time as potential indicators of an event, a disease, or an outbreak of public health significance. On the national level, these data are used to improve nationwide situational awareness and enhance responsiveness to hazardous events and disease outbreaks to protect America's health, safety, and security.</P>
                <P>The BioSense Program was created by congressional mandate as part of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 and was launched by the CDC in 2003. The BioSense Program has since been expanded into the National Syndromic Surveillance Program (NSSP) which promotes and advances development of a syndromic surveillance system for the timely exchange of syndromic data.</P>
                <P>CDC requests a three-year approval for a Revision for NSSP (OMB Control No. 0920-0824, Expiration Date 5/31/2019). This Revision includes a new request for approval to receive onboarding data from state, local and territorial public health departments about healthcare facilities in their jurisdiction.</P>
                <P>NSSP features the BioSense Platform and a collaborative Community of Practice. The BioSense Platform is a secure integrated electronic health information system that CDC provides, primarily for use by state, local and territorial public health departments. It includes standardized analytic tools and processes that enable users to rapidly collect, evaluate, share, and store syndromic surveillance data. NSSP promotes a Community of Practice in which participants collaborate to advance the science and practice of syndromic surveillance. Health departments use the BioSense Platform to receive healthcare data from facilities in their jurisdiction, conduct syndromic surveillance, and share the data with other jurisdictions and CDC.</P>
                <P>
                    The BioSense Platform provides the ability to analyze healthcare encounter data from EHRs, as well as laboratory data. All EHR and laboratory data reside outside of CDC in a cloud-enabled, web-based platform that has Authorization to Operate from CDC. The BioSense Platform sits in the secure, private Government Cloud which is simply used as a storage and processing mechanism, as opposed to on-site servers at CDC. This environment provides users with easily managed on-demand access to a shared pool of configurable computing resources such as networks, servers, software, tools, storage, and services, with limited need for additional IT support. Each site (
                    <E T="03">i.e.,</E>
                     state or local public health department) controls its data within the cloud and is provided with free secure data storage 
                    <PRTPAGE P="10316"/>
                    space with tools for posting, receiving, controlling and analyzing their data; an easy-to-use data display dashboard; and a shared environment where users can collaborate and advance public health surveillance practice. Each site is responsible for creating its own data use agreements with the facilities that are sending the data, retains ownership of any data it contributes to its exclusive secure space, and can share data with CDC or users from other sites.
                </P>
                <P>NSSP has three different types of information collection:</P>
                <P>(1) Collection of onboarding data about healthcare facilities needed for state, local, and territorial public health departments to submit EHR data to the BioSense Platform;</P>
                <P>(2) Collection of registration data needed to allow users access to the BioSense Platform tools and services; and</P>
                <P>(3) Collection of data sharing permissions so that state and local health departments can share data with other state and local health departments and CDC.</P>
                <P>Healthcare data shared with CDC can include: EHR data received by state and local public health departments from facilities, including hospital emergency departments and inpatient settings, urgent care, and ambulatory care; laboratory tests ordered and their results from LabCorp, a national private sector laboratory company; and EHR data from the Department of Defense (DoD) and the Department of Health and Human Services (HHS) National Disaster Medical System (NDMS) Disaster Medical Assistance Teams (DMATs).</P>
                <P>Respondents include state, local, and territorial public health departments. There are no costs to respondents other than their time to participate. The only burden incurred by the health departments are for submitting onboarding data about facilities to CDC, submitting registration data about users to CDC, and setting up data sharing permissions with CDC. The estimated annual burden is 195 hours.</P>
                <GPOTABLE COLS="6" OPTS="L2,i1" CDEF="s50,r50,12,12,12,12">
                    <TTITLE>Estimated Annualized Burden Hours</TTITLE>
                    <BOXHD>
                        <CHED H="1">Type of respondents</CHED>
                        <CHED H="1">Form name</CHED>
                        <CHED H="1">
                            Number of 
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Number of 
                            <LI>responses per </LI>
                            <LI>respondent</LI>
                        </CHED>
                        <CHED H="1">
                            Average 
                            <LI>burden per </LI>
                            <LI>response</LI>
                            <LI>(in hours)</LI>
                        </CHED>
                        <CHED H="1">
                            Total burden
                            <LI>(in hours)</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">State, Local, and Territorial Public Health Departments</ENT>
                        <ENT>Onboarding</ENT>
                        <ENT>10</ENT>
                        <ENT>100</ENT>
                        <ENT>10/60</ENT>
                        <ENT>167</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">State, Local, and Territorial Public Health Departments</ENT>
                        <ENT>Registration</ENT>
                        <ENT>10</ENT>
                        <ENT>15</ENT>
                        <ENT>10/60</ENT>
                        <ENT>25</ENT>
                    </ROW>
                    <ROW RUL="n,n,s">
                        <ENT I="01">State, Local, and Territorial Public Health Departments</ENT>
                        <ENT>Data Sharing Permissions</ENT>
                        <ENT>10</ENT>
                        <ENT>1</ENT>
                        <ENT>15/60</ENT>
                        <ENT>3</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT>195</ENT>
                    </ROW>
                </GPOTABLE>
                <SIG>
                    <NAME>Jeffrey M. Zirger,</NAME>
                    <TITLE>Acting Lead, Information Collection Review Office, Office of Scientific Integrity, Office of Science, Centers for Disease Control and Prevention.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05188 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4163-18-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
                <DEPDOC>[Document Identifier CMS-10553]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comment Request</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Medicare &amp; Medicaid Services, HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Centers for Medicare &amp; Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (the PRA), federal agencies are required to publish notice in the 
                        <E T="04">Federal Register</E>
                         concerning each proposed collection of information (including each proposed extension or reinstatement of an existing collection of information) and to allow 60 days for public comment on the proposed action. Interested persons are invited to send comments regarding our burden estimates or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received by May 20, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>When commenting, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be submitted in any one of the following ways:</P>
                    <P>
                        1. 
                        <E T="03">Electronically.</E>
                         You may send your comments electronically to 
                        <E T="03">http://www.regulations.gov.</E>
                         Follow the instructions for “Comment or Submission” or “More Search Options” to find the information collection document(s) that are accepting comments.
                    </P>
                    <P>
                        2. 
                        <E T="03">By regular mail.</E>
                         You may mail written comments to the following address: CMS, Office of Strategic Operations and Regulatory Affairs Division of Regulations Development, Attention: Document Identifier/OMB Control Number __ , Room C4-26-05, 7500 Security Boulevard, Baltimore, Maryland 21244-1850.
                    </P>
                    <P>To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:</P>
                    <P>
                        1. Access CMS' website address at website address at 
                        <E T="03">https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html</E>
                        .
                    </P>
                    <P>
                        2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to 
                        <E T="03">Paperwork@cms.hhs.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>William N. Parham at (410) 786-4669.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Contents</HD>
                <P>
                    This notice sets out a summary of the use and burden associated with the following information collections. More detailed information can be found in each collection's supporting statement and associated materials (see 
                    <E T="02">ADDRESSES</E>
                    ).
                    <PRTPAGE P="10317"/>
                </P>
                <HD SOURCE="HD3">CMS-10553 Medicaid Quality Assessment and Performance Improvement Programs, State Review of Accreditation Status, Medicaid Managed Care Quality Rating System, and Quality Strategy (QS) and Supporting Regulations</HD>
                <P>
                    Under the PRA (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA requires federal agencies to publish a 60-day notice in the 
                    <E T="04">Federal Register</E>
                     concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice.
                </P>
                <HD SOURCE="HD1">Information Collection</HD>
                <P>
                    1. 
                    <E T="03">Type of Information Collection Request:</E>
                     Extension of a currently approved collection; 
                    <E T="03">Title of Information Collection:</E>
                     Medicaid Quality Assessment and Performance Improvement Programs, State Review of Accreditation Status, Medicaid Managed Care Quality Rating System, and Quality Strategy (QS) and Supporting Regulations; 
                    <E T="03">Use:</E>
                     Medicaid beneficiaries and stakeholders use the information collected and reported to understand the state's quality improvement goals and objectives, and to understand how the state is measuring progress on its goals. States use this information to help monitor and assess the performance of their Medicaid managed care programs. This information may assist states in comparing the outcomes of quality improvement efforts and can assist them in identifying future performance improvement subjects. CMS uses this information as a part of its oversight of Medicaid programs. 
                    <E T="03">Form Number:</E>
                     CMS-10553 (OMB control number: 0938-1281); 
                    <E T="03">Frequency:</E>
                     Yearly and occasionally; 
                    <E T="03">Affected Public:</E>
                     Private sector (business or other for profits) and State, Local, or Tribal Governments; 
                    <E T="03">Number of Respondents:</E>
                     603; 
                    <E T="03">Total Annual Responses:</E>
                     6,441; 
                    <E T="03">Total Annual Hours:</E>
                     52,343. (For policy questions regarding this collection contact Barbara Dailey at 410-786-9012.)
                </P>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>William N. Parham, III,</NAME>
                    <TITLE>Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05267 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4120-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2018-D-1918]</DEPDOC>
                <SUBJECT>Human Immunodeficiency Virus-1 Infection: Developing Systemic Drug Products for Pre-Exposure Prophylaxis; Guidance for Industry; Availability</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Drug Administration, HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry entitled “Human Immunodeficiency Virus-1 Infection: Developing Systemic Drug Products for Pre-Exposure Prophylaxis.” The purpose of this guidance is to provide to sponsors nonclinical and clinical recommendations specific to the development of systemic drug products, with a focus on long-acting systemic drug products (including small molecules and monoclonal antibodies). This guidance incorporates the comments received for and finalizes the draft guidance of the same name issued in June 2018.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The announcement of the guidance is published in the 
                        <E T="04">Federal Register</E>
                         on March 20, 2019.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit either electronic or written comments on Agency guidances at any time as follows:</P>
                </ADD>
                <HD SOURCE="HD2">Electronic Submissions</HD>
                <P>Submit electronic comments in the following way:</P>
                <P>
                    • 
                    <E T="03">Federal eRulemaking Portal: https://www.regulations.gov.</E>
                     Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to 
                    <E T="03">https://www.regulations.gov</E>
                     will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <P>• If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).</P>
                <HD SOURCE="HD2">Written/Paper Submissions</HD>
                <P>Submit written/paper submissions as follows:</P>
                <P>
                    • 
                    <E T="03">Mail/Hand Delivery/Courier (for written/paper submissions):</E>
                     Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
                </P>
                <P>• For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”</P>
                <P>
                    <E T="03">Instructions:</E>
                     All submissions received must include the Docket No. FDA-2018-D-1918 for “Human Immunodeficiency Virus-1 Infection: Developing Systemic Drug Products for Pre-Exposure Prophylaxis.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at 
                    <E T="03">https://www.regulations.gov</E>
                     or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
                </P>
                <P>
                    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on 
                    <E T="03">https://www.regulations.gov.</E>
                     Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked 
                    <PRTPAGE P="10318"/>
                    as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: 
                    <E T="03">https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.</E>
                </P>
                <P>
                    <E T="03">Docket:</E>
                     For access to the docket to read background documents or the electronic and written/paper comments received, go to 
                    <E T="03">https://www.regulations.gov</E>
                     and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
                </P>
                <P>You may submit comments on any guidance at any time (see 21 CFR 10.115(g)(5)).</P>
                <P>
                    Submit written requests for single copies of this guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. See the 
                    <E T="02">SUPPLEMENTARY INFORMATION</E>
                     section for electronic access to the guidance document.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Kimberly Struble, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 6374, Silver Spring MD 20993-0002, 301-796-1500.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">I. Background</HD>
                <P>FDA is announcing the availability of a guidance for industry entitled “Human Immunodeficiency Virus-1 Infection: Developing Systemic Drug Products for Pre-Exposure Prophylaxis.” The purpose of this guidance is to provide to sponsors nonclinical and clinical recommendations specific to the development of systemic drug products, with a focus on long-acting systemic drug products (including small molecules and monoclonal antibodies) for the prevention of sexually acquired human immunodeficiency virus-1 (HIV-1) infection. Specifically, this guidance addresses FDA's current thinking regarding the overall development program and clinical trial designs to support the development of systemic drug products for the prevention of HIV-1 infection. FDA recognizes the challenges in evaluating systemic drug products for the prevention of sexually acquired HIV-1 infection. FDA continues to evaluate possible approaches for the development of new therapies for HIV prevention and will update this guidance if new information becomes available.</P>
                <P>This guidance finalizes the draft guidance of the same name issued on June 14, 2018 (83 FR 27782). All public comments received on the draft guidance have been considered and the guidance has been revised as appropriate, along with a few editorial changes.</P>
                <P>This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on “Human Immunodeficiency Virus-1 Infection: Developing Systemic Drug Products for Pre-Exposure Prophylaxis.” It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations. This guidance is not subject to Executive Order 12866.</P>
                <HD SOURCE="HD1">II. Paperwork Reduction Act of 1995</HD>
                <P>This guidance refers to previously approved collections of information that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collection of information submitted under 21 CFR part 312 has been approved under OMB control number 0910-0014. The collection of information submitted under 21 CFR part 314 has been approved under OMB control number 0910-0001.</P>
                <HD SOURCE="HD1">III. Electronic Access</HD>
                <P>
                    Persons with access to the internet may obtain the guidance at either 
                    <E T="03">https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm</E>
                     or 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2019.</DATED>
                    <NAME>Lowell J. Schiller,</NAME>
                    <TITLE>Acting Associate Commissioner for Policy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05231 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Food and Drug Administration</SUBAGY>
                <DEPDOC>[Docket No. FDA-2018-D-1638]</DEPDOC>
                <SUBJECT>Pediatric Human Immunodeficiency Virus Infection: Drug Product Development for Treatment; Guidance for Industry; Availability</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Food and Drug Administration, HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Food and Drug Administration (FDA or Agency) is announcing the availability of a final guidance for industry entitled “Pediatric HIV Infection: Drug Product Development for Treatment.” The purpose of this guidance is to provide general recommendations on the development of antiretroviral drug products for the treatment of human immunodeficiency virus (HIV) infection in pediatric patients. The guidance addresses when to initiate pediatric formulation development and begin pediatric studies and offers approaches for enrollment of subjects into pediatric studies to help facilitate drug product development. This guidance incorporates the comments received for and finalizes the draft guidance for industry “Pediatric HIV Infection: Drug Development for Treatment” issued on May 14, 2018.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The announcement of the guidance is published in the 
                        <E T="04">Federal Register</E>
                         on March 20, 2019.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit either electronic or written comments on Agency guidances at any time as follows:</P>
                </ADD>
                <HD SOURCE="HD2">Electronic Submissions</HD>
                <P>Submit electronic comments in the following way:</P>
                <P>
                    • 
                    <E T="03">Federal eRulemaking Portal: https://www.regulations.gov</E>
                    . Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to 
                    <E T="03">https://www.regulations.gov</E>
                     will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your 
                    <PRTPAGE P="10319"/>
                    comments, that information will be posted on 
                    <E T="03">https://www.regulations.gov</E>
                    .
                </P>
                <P>• If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).</P>
                <HD SOURCE="HD2">Written/Paper Submissions</HD>
                <P>Submit written/paper submissions as follows:</P>
                <P>
                    • 
                    <E T="03">Mail/Hand Delivery/Courier (for written/paper submissions):</E>
                     Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
                </P>
                <P>• For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”</P>
                <P>
                    <E T="03">Instructions:</E>
                     All submissions received must include the Docket No. FDA-2018-D-1638 for “Pediatric HIV Infection: Drug Product Development for Treatment.” Received comments will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at 
                    <E T="03">https://www.regulations.gov</E>
                     or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.
                </P>
                <P>
                    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on 
                    <E T="03">https://www.regulations.gov</E>
                    . Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: 
                    <E T="03">https://www.gpo.gov/fdsys/pkg/FR-32015-309-318/pdf/2015-323389.pdf</E>
                    .
                </P>
                <P>
                    <E T="03">Docket:</E>
                     For access to the docket to read background documents or the electronic and written/paper comments received, go to 
                    <E T="03">https://www.regulations.gov</E>
                     and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
                </P>
                <P>You may submit comments on any guidance at any time (see 21 CFR 10.115(g)(5)).</P>
                <P>
                    Submit written requests for single copies of this guidance to the Division of Drug Information, Center for Drug Evaluation and Research, Food and Drug Administration, 10001 New Hampshire Ave., Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002; or the Office of Communication, Outreach, and Development, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send one self-addressed adhesive label to assist that office in processing your requests. See the 
                    <E T="02">SUPPLEMENTARY INFORMATION</E>
                     section for electronic access to the guidance document.
                </P>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Yodit Belew, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm., 6322, Silver Spring, MD 20993-0002, 301-796-0705; or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>FDA is announcing the availability of a guidance for industry entitled “Pediatric HIV Infection: Drug Product Development for Treatment.” The purpose of this guidance is to provide general recommendations on the development of antiretroviral drug products for the treatment of HIV infection in pediatric patients. The guidance addresses when to initiate pediatric formulation development and begin pediatric studies and offers approaches for enrollment of subjects into pediatric studies to help expedite drug product development. This guidance incorporates the comments received for and finalizes the draft guidance of the same name issued on May 14, 2018 (83 FR 22270). Changes made to the draft guidance took into consideration written and verbal comments received. In addition to editorial changes primarily for clarification, the major changes are as follows:</P>
                <P>• Inclusion of a statement to address neonates and</P>
                <P>• Considerations on how to analyze the adolescent data when adolescents are included in the adult phase 3 clinical trials.</P>
                <P>This guidance is being issued consistent with FDA's good guidance practices regulation (21 CFR 10.115). The guidance represents the current thinking of FDA on “Pediatric HIV Infection: Drug Product Development for Treatment.” It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations. This guidance is not subject to Executive Order 12866.</P>
                <HD SOURCE="HD1">II. Paperwork Reduction Act of 1995</HD>
                <P>This guidance refers to previously approved collections of information that are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR part 312, 21 CFR part 314, and 21 CFR 201.56 and 201.57 have been approved under OMB control numbers 0910-0014, 0910-0001, and 0910-0572, respectively.</P>
                <HD SOURCE="HD1">III. Electronic Access</HD>
                <P>
                    Persons with access to the internet may obtain the guidance at 
                    <E T="03">https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm</E>
                    , 
                    <E T="03">https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm</E>
                    , or 
                    <E T="03">https://www.regulations.gov</E>
                    .
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2019.</DATED>
                    <NAME>Lowell J. Schiller,</NAME>
                    <TITLE>Acting Associate Commissioner for Policy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05232 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4164-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
                <DEPDOC>[Docket No. FR-7011-N-08]</DEPDOC>
                <SUBJECT>30-Day Notice of Proposed Information Collection: Manufactured Housing Survey</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Chief Information Officer, HUD.</P>
                </AGY>
                <ACT>
                    <PRTPAGE P="10320"/>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 30 days of public comment.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Comments Due Date:</E>
                         April 19, 2019.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-5806, Email: 
                        <E T="03">OIRA Submission@omb.eop.gov</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Anna P. Guido, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; email Anna P. Guido at 
                        <E T="03">Anna.P.Guido@hud.gov</E>
                         or telephone 202-402-5535. This is not a toll-free number. Person with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339. Copies of available documents submitted to OMB may be obtained from Ms. Guido.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.</P>
                <P>
                    The 
                    <E T="04">Federal Register</E>
                     notice that solicited public comment on the information collection for a period of 60 days was published on Monday, November 26, 2018 at 83 FR 60443.
                </P>
                <HD SOURCE="HD1">A. Overview of Information Collection</HD>
                <P>
                    <E T="03">Title of Information Collection:</E>
                     Manufactured Housing Survey.
                </P>
                <P>
                    <E T="03">OMB Approval Number:</E>
                     2528-0029.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Revision of a currently approved collection.
                </P>
                <P>
                    <E T="03">Form Number:</E>
                     Form—C-MH-9A.
                </P>
                <P>
                    <E T="03">Description of the need for the information and proposed use:</E>
                     The Manufactured Housing Survey collects data on the characteristics of newly manufactured homes placed for residential use. Key data collected includes sales price and the number of units placed and sold within 4 months of shipment. Other selected housing characteristics collected include size, location, and titling. HUD uses the statistics to respond to a Congressional mandate in the Housing and Community Development Act of 1980, 42 U.S.C. 5424 note, which requires HUD to collect and report manufactured home sales and price information for the nation, census regions, states, and selected metropolitan areas and to monitor whether new manufactured homes are being placed on owned rather than rented lots. HUD also used these data to monitor total housing production and its affordability.
                </P>
                <P>Furthermore, the Manufactured Housing Survey serves as the basis for HUD's mandated indexing of loan limits. Section 2145 (b) of the Housing and Economic Recovery Act (HERA) of 2008 requires HUD to develop a method of indexing to annually adjust Title I manufactured home loan limits. This index is based on manufactured housing price data collected by this survey. Section 2145 of the HERA of 2008 also amends the maximum loan limits for manufactured home loans insured under Title I. HUD implemented the revised loan limits, as shown below, for all manufactured home loans for which applications are received on or after March 3, 2009.</P>
                <P>
                    <E T="03">Method of Collection:</E>
                     The methodology for collecting information on new manufactured homes involves contacting dealers from a monthly sample of new manufactured homes shipped by manufacturers. The units are sampled from lists obtained from the Institute for Building Technology and Safety. Dealers that take shipment of the selected homes are mailed a survey form four months after shipment for recording the status of the manufactured home.
                </P>
                <GPOTABLE COLS="8" OPTS="L2,tp0,i1" CDEF="s50,12,12,12,12,12,12,12">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Information Collection</CHED>
                        <CHED H="1">
                            Number of 
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Frequency of 
                            <LI>response</LI>
                        </CHED>
                        <CHED H="1">
                            Responses 
                            <LI>per annum</LI>
                        </CHED>
                        <CHED H="1">
                            Burden hour 
                            <LI>per response</LI>
                        </CHED>
                        <CHED H="1">
                            Annual 
                            <LI>burden </LI>
                            <LI>hours</LI>
                        </CHED>
                        <CHED H="1">
                            Hourly cost 
                            <LI>per response</LI>
                        </CHED>
                        <CHED H="1">Annual cost</CHED>
                    </BOXHD>
                    <ROW RUL="n,s">
                        <ENT I="01">Manufactured Housing Survey</ENT>
                        <ENT>4,860</ENT>
                        <ENT>1</ENT>
                        <ENT>4,860</ENT>
                        <ENT>0.33</ENT>
                        <ENT>1,603.8</ENT>
                        <ENT>$0</ENT>
                        <ENT>$0</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Total</ENT>
                        <ENT>4,860</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT>1,603.8</ENT>
                        <ENT/>
                        <ENT>0</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">B. Solicitation of Public Comment</HD>
                <P>This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:</P>
                <P>(1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</P>
                <P>(2) The accuracy of the agency's estimate of the burden of the proposed collection of information;</P>
                <P>(3) Ways to enhance the quality, utility, and clarity of the information to be collected; and</P>
                <P>
                    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, 
                    <E T="03">e.g.,</E>
                     permitting electronic submission of responses.
                </P>
                <P>HUD encourages interested parties to submit comment in response to these questions.</P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P> Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.</P>
                </AUTH>
                <SIG>
                    <DATED>Dated: March 6, 2019.</DATED>
                    <NAME>Anna P. Guido,</NAME>
                    <TITLE>Department Reports Management Officer, Office of the Chief Information Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05302 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4210-67-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
                <DEPDOC>[Docket No. FR-7011-N-06]</DEPDOC>
                <SUBJECT>30-Day Notice of Proposed Information Collection: 2019 American Housing Survey</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Chief Information Officer, HUD.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice 
                        <PRTPAGE P="10321"/>
                        is to allow for 30 days of public comment.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Comments Due Date:</E>
                         April 19, 2019.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax:202-395-5806, Email: 
                        <E T="03">OIRA Submission@omb.eop.gov</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Anna P. Guido, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; email Anna P. Guido at 
                        <E T="03">Anna.P.Guido@hud.gov</E>
                         or telephone 202-402-5535. This is not a toll-free number. Person with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877-8339. Copies of available documents submitted to OMB may be obtained from Ms. Guido.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A.</P>
                <P>
                    The 
                    <E T="04">Federal Register</E>
                     notice that solicited public comment on the information collection for a period of 60 days was published on Tuesday, September 11, 2018 at 83 FR 45955.
                </P>
                <HD SOURCE="HD1">A. Overview of Information Collection</HD>
                <P>
                    <E T="03">Title of Information Collection:</E>
                     2019 American Housing Survey.
                </P>
                <P>
                    <E T="03">OMB Approval Number:</E>
                     2528-0017.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Revision of a currently approved collection.
                </P>
                <P>
                    <E T="03">Form Number:</E>
                     None.
                </P>
                <P>
                    <E T="03">Description of the need for the information and proposed use:</E>
                     The purpose of the American Housing Survey (AHS) is to supply the public with detailed and timely information about housing quality, housing costs, and neighborhood assets, in support of effective housing policy, programs, and markets. Title 12, United States Code, Sections 1701Z-1, 1701Z-2(g), and 1710Z-10a mandates the collection of this information.
                </P>
                <P>Like the previous surveys, the 2019 AHS will collect “core” data on subjects, such as the amount and types of changes in the housing inventory, the physical condition of the housing inventory, the characteristics of the occupants, housing costs for owners and renters, the persons eligible for and beneficiaries of assisted housing, remodeling and repair frequency, reasons for moving, the number and characteristics of vacancies, and characteristics of resident's neighborhood. In addition to the “core” data, HUD plans to collect supplemental data on post-secondary education, modifications made to assist occupants living with disabilities, and information on people's concerns regarding the availability and affordability of food.</P>
                <P>The AHS national longitudinal sample consists of approximately 85,200 housing units, and includes oversample from the largest 15 metropolitan areas, and approximately 5,200 HUD-assisted housing units. In addition to the national longitudinal sample, HUD plans to conduct 10 additional metropolitan area longitudinal samples, each with approximately 3,000 housing units (for a total 30,000 metropolitan area housing units). The 10 additional metropolitan area longitudinal samples were last surveyed in 2015.</P>
                <P>To help reduce respondent burden on households in the longitudinal sample, the 2019 AHS will make use of dependent interviewing techniques, which will decrease the number of questions asked. Policy analysts, program managers, budget analysts, and Congressional staff use AHS data to advise executive and legislative branches about housing conditions and the suitability of public policy initiatives. Academic researchers and private organizations also use AHS data in efforts of specific interest and concern to their respective communities.</P>
                <P>HUD needs the AHS data for two important uses.</P>
                <P>1. With the data, policy analysts can monitor the interaction among housing needs, demand and supply, as well as changes in housing conditions and costs, to aid in the development of housing policies and the design of housing programs appropriate for different target groups, such as first-time home buyers and the elderly.</P>
                <P>2. With the data, HUD can evaluate, monitor, and design HUD programs to improve efficiency and effectiveness.</P>
                <P>In addition to the core 2019 AHS, HUD plans to collect supplemental data on housing insecurity in a follow-on survey to the AHS. Housing insecurity is defined as a significant lapse for a given household of one or more elements of secure housing. These elements include affordability, stable occupancy, and whether the housing is decent and safe. “Affordability” implies that shelter costs are manageable over the long term without severely burdening or compromising other consumption that normally is essential for health and well-being. The second element, “stable occupancy”, implies that the household does not face substantial risk of involuntary displacement for economic or non-economic reasons. The final element, “decent and safe”, implies that a unit has physical attributes that satisfy functional needs for well-being related to health, security, and support for activities of daily living. Such attributes include appropriate facilities for excluding external threats, providing climate control, storing and preparing food, maintaining physical and mental hygiene, and developing human potential. Not included are aspects of the neighborhood or environment that one encounters beyond the confines of the structure or property.</P>
                <P>HUD plans to conduct the Housing Insecurity Follow-On survey concurrently with the 2019 AHS. Respondents who meet certain criteria based on their responses to the 2019 AHS will be recruited at the end of the production questionnaire and offered an incentive of $40 to participate. Of the respondents who agree to participate in the follow-on survey, a total of 4,000 responses will be collected via telephone. Once the follow-on interview has been completed, respondents will receive the incentive for their participation. Data collected from this follow-on survey will be used for research and scale development purposes.</P>
                <P>HUD needs the AHS Housing Insecurity Follow-On data for two important uses. With the data: 1. HUD can evaluate the feasibility of collecting data on housing insecurity and better define housing insecurity.</P>
                <P>2. HUD can measure the quality of the questions asked regarding housing insecurity and develop a composite housing insecurity scale.</P>
                <P>HUD intends to test the use of incentives to reduce non-response bias in the AHS. The proposed incentive project will test whether offering incentives in geographic areas with a high risk of non-response can successfully increase responses from communities that would otherwise be underrepresented, resulting in lower non-response bias. Conditions will be compared to determine sensitivity to the amount of the incentive in motivating response compared to a no-incentive control.</P>
                <P>The incentive project will address the following research questions:</P>
                <P>1. Can incentives reduce non-response bias in the AHS?</P>
                <P>
                    2. Where is the inflection point for diminishing marginal returns for monetary incentives?
                    <PRTPAGE P="10322"/>
                </P>
                <P>3. What are the long-term effects of introducing incentives into a panel survey?</P>
                <GPOTABLE COLS="8" OPTS="L2,tp0,i1" CDEF="s25,12,12,12,12,12,12,12">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Information collection</CHED>
                        <CHED H="1">
                            Number of 
                            <LI>respondents</LI>
                        </CHED>
                        <CHED H="1">
                            Frequency of 
                            <LI>response</LI>
                        </CHED>
                        <CHED H="1">
                            Responses 
                            <LI>per annum</LI>
                        </CHED>
                        <CHED H="1">
                            Burden hour 
                            <LI>per response</LI>
                        </CHED>
                        <CHED H="1">
                            Annual 
                            <LI>burden hours</LI>
                        </CHED>
                        <CHED H="1">
                            Hourly cost 
                            <LI>per response</LI>
                        </CHED>
                        <CHED H="1">Annual cost</CHED>
                    </BOXHD>
                    <ROW EXPSTB="07" RUL="s">
                        <ENT I="21">
                            <E T="02">Regular AHS</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Occupied Interviews</ENT>
                        <ENT>79,958.00</ENT>
                        <ENT>1.00</ENT>
                        <ENT>79,958.00</ENT>
                        <ENT>.66</ENT>
                        <ENT>52,772.00</ENT>
                        <ENT>$0.00</ENT>
                        <ENT>$0.00</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Vacant Interviews</ENT>
                        <ENT>11,793.00</ENT>
                        <ENT>1.00</ENT>
                        <ENT>11,793.00</ENT>
                        <ENT>.33</ENT>
                        <ENT>3,892.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Non-interviews</ENT>
                        <ENT>22,388.00</ENT>
                        <ENT>1.00</ENT>
                        <ENT>22,388.00</ENT>
                        <ENT>.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Ineligible</ENT>
                        <ENT>3,398.00</ENT>
                        <ENT>1.00</ENT>
                        <ENT>3,398.00</ENT>
                        <ENT>.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">subtotal</ENT>
                        <ENT>117,537.00</ENT>
                        <ENT>1.00</ENT>
                        <ENT>117,537.00</ENT>
                        <ENT>.00</ENT>
                        <ENT>.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Re-interviews</ENT>
                        <ENT>8,400.00</ENT>
                        <ENT>1.00</ENT>
                        <ENT>8,400.00</ENT>
                        <ENT>.17</ENT>
                        <ENT>1,428.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="01">Regular AHS sub-total</ENT>
                        <ENT>125,937.00</ENT>
                        <ENT/>
                        <ENT>125,937.00</ENT>
                        <ENT/>
                        <ENT>58,092.00</ENT>
                        <ENT/>
                        <ENT/>
                    </ROW>
                    <ROW EXPSTB="07" RUL="s">
                        <ENT I="21">
                            <E T="02">Housing Insecurity Research Module Follow-On</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">Occupied Interviews</ENT>
                        <ENT>4,000.00</ENT>
                        <ENT>1.00</ENT>
                        <ENT>4,000.00</ENT>
                        <ENT>.20</ENT>
                        <ENT>800.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Non-interviews</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Ineligible</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                        <ENT>0.00</ENT>
                    </ROW>
                    <ROW RUL="n,s">
                        <ENT I="01">Follow-on sub-total</ENT>
                        <ENT>4,000.00</ENT>
                        <ENT/>
                        <ENT>4,000.00</ENT>
                        <ENT/>
                        <ENT>800.00</ENT>
                        <ENT/>
                        <ENT/>
                    </ROW>
                    <ROW>
                        <ENT I="03">Final Total</ENT>
                        <ENT>129,937.00</ENT>
                        <ENT/>
                        <ENT/>
                        <ENT/>
                        <ENT>58,892.00</ENT>
                        <ENT/>
                        <ENT>0.00</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">B. Solicitation of Public Comment</HD>
                <P>This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following:</P>
                <P>(1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;</P>
                <P>(2) The accuracy of the agency's estimate of the burden of the proposed collection of information;</P>
                <P>(3) Ways to enhance the quality, utility, and clarity of the information to be collected; and</P>
                <P>
                    (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, 
                    <E T="03">e.g.,</E>
                     permitting electronic submission of responses.
                </P>
                <P>HUD encourages interested parties to submit comment in response to these questions.</P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P> Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35.</P>
                </AUTH>
                <SIG>
                    <DATED>Dated: March 6, 2019.</DATED>
                    <NAME>Anna P. Guido,</NAME>
                    <TITLE>Department Reports Management Officer, Office of the Chief Information Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05303 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4210-67-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Land Management</SUBAGY>
                <DEPDOC>[19X LLWO230 L11100000.PN0000 LXSGPL000000]</DEPDOC>
                <SUBJECT>Notice of Availability of Record of Decision and Approved Resource Management Plan Amendment for Greater Sage-Grouse Conservation, Wyoming</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Land Management, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) for the Approved Resource Management Plan (RMP) Amendment for Greater Sage-Grouse Conservation for the Wyoming Greater Sage-Grouse Sub-Region. The State Director signed the ROD on March 15, 2019, which constitutes the final decision of the BLM and makes the Approved ROD effective immediately.</P>
                </SUM>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The ROD is available on the BLM ePlanning project website at 
                        <E T="03">https://goo.gl/FoqAn9.</E>
                         Click the Documents and Reports link on the left side of the screen to find the electronic version of these materials. Hard copies of the ROD are also available for public inspection at the Wyoming State Office, 5353 Yellowstone Road, Cheyenne, WY 82009.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jenny Marzluf, Greater Sage-Grouse Implementation Coordinator by telephone, 307-775-6090; at the address above; or by email, 
                        <E T="03">jmarzluf@blm.gov.</E>
                         Persons who use a telecommunications device for the deaf may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact Ms. Marzluf. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with Ms. Marzluf. You will receive a reply during normal business hours.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P> The BLM developed the Wyoming Greater Sage-Grouse Approved RMP Amendment to enhance cooperation with states by improving alignment with state management plans and strategies for Greater Sage-Grouse while continuing to conserve, enhance, and restore the Greater Sage-Grouse and its habitat. The Approved RMP Amendment also addresses a legal vulnerability, which was exposed when a Federal District Court in Nevada determined that the BLM had violated the National Environmental Policy Act (NEPA) when it finalized the 2015 plans.</P>
                <P>The BLM developed the Approved RMP Amendment in collaboration with the Wyoming Governor's Office, state wildlife managers, and other concerned organizations and individuals, largely through the Western Governors Association's Sage-Grouse Task Force. Using its discretion and authority under the Federal Land Policy and Management Act (FLPMA), the BLM amends land use plans that address Greater Sage-Grouse management to improve alignment with State of Wyoming plans and management strategies, in accordance with the BLM's multiple use and sustained yield mission.</P>
                <P>
                    This Approved RMP Amendment is one of six separate plan amendments developed and issued in response to the 
                    <PRTPAGE P="10323"/>
                    Secretary's Order (S.O.) 3353 (Greater Sage-Grouse Conservation and Cooperation with Western States) and in accordance with S.O. 3349 (American Energy Independence). The amendments refine the previous management plan adopted in 2015 to strike a regulatory balance and build greater trust among neighboring interests in Western communities.
                </P>
                <P>The Wyoming Greater-Sage Grouse Approved RMP Amendment specifically addresses sagebrush focal areas, mitigation standards, clarification of habitat objectives tables, adjustments to habitat boundaries to reflect new information, and reversing adaptive management responses when the BLM determines that resource conditions no longer warrant those responses. The Approved RMP Amendment amends the following RMPs for BLM-administered lands in Wyoming:</P>
                <FP SOURCE="FP-1">• Buffalo RMP (2015)</FP>
                <FP SOURCE="FP-1">• Casper RMP (2007)</FP>
                <FP SOURCE="FP-1">• Cody RMP (2015)</FP>
                <FP SOURCE="FP-1">• Kemmerer RMP (2010)</FP>
                <FP SOURCE="FP-1">• Lander RMP (2014)</FP>
                <FP SOURCE="FP-1">• Newcastle RMP (2000)</FP>
                <FP SOURCE="FP-1">• Pinedale RMP (2008)</FP>
                <FP SOURCE="FP-1">• Rawlins RMP (2008)</FP>
                <FP SOURCE="FP-1">• Green River RMP (1997)</FP>
                <FP SOURCE="FP-1">• Worland RMP (2015)</FP>
                <P>The planning area includes approximately 60 million acres of BLM, National Park Service, U.S. Forest Service, U.S. Bureau of Reclamation, state, local, and private lands located in 20 counties in Wyoming: Albany, Bighorn, Campbell, Carbon, Converse, Crook, Fremont, Hot Springs, Johnson, Lincoln, Natrona, Niobrara, Park, Sheridan, Sublette, Sweetwater, Teton, Uinta, Washakie, and Weston. Within the decision area, the BLM administers approximately 18 million acres of public land, providing approximately 17 million acres of priority and general Greater Sage-Grouse habitat. The ROD approves the Agency Preferred Alternative identified in the Final EIS. The BLM issued the ROD in compliance with relevant laws, regulations, policies, and plans, including those guiding agency decisions that may have an impact on resources and their values, services, and functions.</P>
                <P>
                    On December 10, 2018, the BLM published the Notice of Availability (NOA) for the Wyoming Greater Sage-Grouse Proposed RMP Amendment/Final EIS (83 FR 63525) in the 
                    <E T="04">Federal Register</E>
                    . The publication of the NOA initiated a 30-day protest period for the proposed land-use-planning decision. The protest period was later extended an additional seven days to help account for technical issues the public encountered when submitting protests during the partial Federal government shutdown in January 2019. The NOA publication also initiated a simultaneous 60-day review by the Governor of Wyoming to identify and inconsistencies with State or local plans, policies, or programs. At the close of the protest period, five protests had been received. These protests were resolved by the BLM Director; individual protest response letters were sent to all protesting parties. Protest resolution is contained in the Director's Protest Summary Report, which is available online at 
                    <E T="03">https://www.blm.gov/programs/planning-and-nepa/public-participation/protest-resolution-reports.</E>
                     The proposed RMP Amendment was not modified as a result of the protest resolution. The Wyoming Governor's review identified the several editorial changes that were accepted by the BLM. The BLM clarified that the 2019 Amendment applies to the BLM's management for Sage-Grouse over all prior versions. The BLM made sure that Management Decision MD SSS-5 is consistent with MD SSS-6. BLM updated Appendix A management directions for special status species numbers 7 through 10 to be consistent with the State's strategy and the process outlined in management direction special status species number 4. The BLM rearranged the sentences within management direction special status species number 12 to place “measures would be considered at the site-specific project level where and when appropriate” at the end of the management action, thereby putting the emphasis on considering new information for noise management. The BLM clarified how components in Appendix C would be used to sufficiently demonstrate that no undue harm to core area populations would be expected as a result of the proposed action and would not impact the statewide viability of the species, providing references to additional processes used when making that determination.
                </P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P> 40 CFR 1506.6.</P>
                </AUTH>
                <SIG>
                    <NAME>Mary Jo Rugwell,</NAME>
                    <TITLE>BLM Wyoming State Director.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05292 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4310-84-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Land Management</SUBAGY>
                <DEPDOC>[19X LLWO230 L11100000.PN0000 LXSGPL000000]</DEPDOC>
                <SUBJECT>Notice of Availability of Record of Decision and Approved Resource Management Plan Amendment for Greater Sage-Grouse Conservation, Nevada and Northeastern California</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Land Management, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) for the Approved Resource Management Plan (RMP) Amendment for Greater Sage-Grouse Conservation for the Nevada and Northeastern California Greater Sage-Grouse Sub-Region. The Nevada and California State Directors signed the ROD on March 15, 2019, which constitutes the final decision of the BLM and makes the Approved RMP Amendment effective immediately.</P>
                </SUM>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The ROD is available on the BLM ePlanning project website at 
                        <E T="03">https://goo.gl/uz89cT.</E>
                         Click the Documents and Reports link on the left side of the screen to find the electronic version of these materials. Hard copies of the ROD are also available for public inspection at the BLM Nevada State Office, 1340 Financial Boulevard, Reno, Nevada 89502, and the BLM California State Office, 2800 Cottage Way #W1623, Sacramento, California 95825.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Matthew Magaletti, Sage-Grouse Lead, telephone, 775-861-6472; address, 1340 Financial Boulevard, Reno, Nevada 89502; email, 
                        <E T="03">mmagalet@blm.gov.</E>
                         Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact Mr. Magaletti. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with Mr. Magaletti. You will receive a reply during normal business hours.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The BLM developed the Nevada and Northeastern California Greater Sage-Grouse Approved RMP Amendment to enhance cooperation with States by improving alignment with State management plans and strategies for Greater Sage-Grouse, while continuing to conserve, enhance, and restore Greater Sage-Grouse and its habitat. The Approved RMP Amendment also addresses a legal vulnerability, which was exposed when a Federal District Court in Nevada 
                    <PRTPAGE P="10324"/>
                    determined that the BLM had violated the National Environmental Policy Act (NEPA) when it finalized the 2015 plans.
                </P>
                <P>The BLM developed the Approved RMP Amendment in collaboration with the Governor's Offices in Nevada and California, State wildlife managers, and other concerned organizations and individuals, largely through the Western Governors Association's Sage-Grouse Task Force. Using its discretion and authority under the Federal Land Policy and Management Act (FLPMA), the BLM amends land use plans that address Greater Sage-Grouse management to improve alignment with the State of Nevada and the State of California plans and management strategies, in accordance with the BLM's multiple use and sustained yield mission.</P>
                <P>This Approved RMP Amendment is one of six separate plan amendments developed and issued in response to the Secretary's Order (SO) 3353 (Greater Sage-Grouse Conservation and Cooperation with Western States) and in accordance with SO 3349 (American Energy Independence). The amendments refine the previous management plan adopted in 2015 and aim to strike a regulatory balance and build greater trust among neighboring interests in Western communities.</P>
                <P>The Nevada and Northeastern California Approved RMP Amendment specifically addresses Sagebrush Focal Area designations, mitigation, adjustments to habitat management area designations to reflect new information, reversing adaptive management responses when the BLM determines that resource conditions no longer warrant those responses (in addition to addressing updates to the adaptive management strategy based on best available science), allocation exception processes, seasonal timing restrictions, modifying habitat objectives when best available science is available, and through plan clarification: Modifying lek buffers, requirements for required design features, and removal and/or modification to three livestock grazing management decisions in order to comply with 43 CFR 4160.1. The Approved RMP Amendment amends the following RMPs for BLM-administered lands in Nevada and Northeastern California:</P>
                <FP SOURCE="FP-1">• Alturas RMP (2008)</FP>
                <FP SOURCE="FP-1">• Black Rock Desert-High Rock Canyon NCA RMP (2004)</FP>
                <FP SOURCE="FP-1">• Carson City Consolidated RMP (2001)</FP>
                <FP SOURCE="FP-1">• Eagle Lake RMP (2008)</FP>
                <FP SOURCE="FP-1">• Elko RMP (1987)</FP>
                <FP SOURCE="FP-1">• Ely RMP (2008)</FP>
                <FP SOURCE="FP-1">• Shoshone-Eureka RMP (1986)</FP>
                <FP SOURCE="FP-1">• Surprise RMP (2008)</FP>
                <FP SOURCE="FP-1">• Tonopah RMP (1997)</FP>
                <FP SOURCE="FP-1">• Wells RMP (1985)</FP>
                <FP SOURCE="FP-1">• Winnemucca RMP (2015)</FP>
                <P>The planning area includes approximately 70.3 million acres of BLM, National Park Service, United States Forest Service, U.S. Bureau of Reclamation, State, local, and private lands located in Nevada and northeastern California, in 17 counties: Churchill, Elko, Eureka, Humboldt, Lander, Lassen, Lincoln, Lyon, Mineral, Modoc, Nye, Pershing, Plumas, Sierra, Storey, Washoe, and White Pine. Within the decision area, the BLM administers approximately 45.4 million acres of public lands, providing approximately 20.5 million acres of Greater Sage-Grouse habitat. Surface management decisions made in the Approved RMP Amendment apply only to lands administered by the BLM in the decision area.</P>
                <P>
                    The BLM prepared an Environmental Impact Statement (EIS) in accordance with the NEPA to analyze the direct, indirect, and cumulative environmental impacts associated with the proposed action and the alternatives. The ROD approves the Agency Preferred Alternative identified in the Final EIS. The BLM issued the ROD based on compliance with relevant laws, regulations, policies, and plans, including those guiding agency decisions that may have an impact on resources and their values, services, and functions. On December 10, 2018, the Notice of Action (NOA) for the Nevada and Northeastern California Greater Sage-Grouse Proposed RMP Amendment/Final EIS (83 FR 63528) was published in the 
                    <E T="04">Federal Register</E>
                    . The publication of the NOA initiated a 30-day protest period for the proposed land-use-planning decision. The protest period was later extended an additional seven days to help account for technical issues the public encountered when submitting protests during the partial Federal government shutdown in January 2019. NOA publication also initiated a simultaneous 60-day review by the Governors of Nevada and California to identify any inconsistencies with State or local plans, policies, or programs. At the close of the protest period, 14 protests had been received. These protests were resolved by the BLM Director. Individual protest response letters were sent to all protesting parties. Protest resolution is contained in the Director's Protest Summary Report, which is available online at 
                    <E T="03">https://www.blm.gov/programs/planning-and-nepa/public-participation/protest-resolution-reports</E>
                    . The Nevada Governor's review recommended that the BLM reference its Instruction Memorandum 2018-018 (Compensatory Mitigation) and the State of Nevada's Executive Order 2018-32 (order establishing use of the Nevada Greater Sage-Grouse Conservation Plan and Conservation Credit System on state and Federal lands) within the Approved RMP Amendment, relative to compensatory mitigation and allocation exception management decisions. The BLM incorporated these references into the Approved RMP Amendment. The California Governor did not respond to the BLM within the 60-day review period, therefore the proposed RMP Amendment is presumed consistent with the State of California's policies and management strategies.
                </P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>40 CFR 1506.6.</P>
                </AUTH>
                <SIG>
                    <NAME>Jon K. Raby,</NAME>
                    <TITLE>BLM Nevada State Director.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05294 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4310-84-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Land Management</SUBAGY>
                <DEPDOC>[LLWO230000.L11100000.PH0000.LXSGPL000000.HAG 19-0055]</DEPDOC>
                <SUBJECT>Notice of Availability of Record of Decision and Approved Resource Management Plan Amendment for Greater Sage-Grouse Conservation, Oregon</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Land Management, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Bureau of Land Management (BLM) announces the availability of the Oregon Greater Sage-Grouse Record of Decision (ROD) and Approved Resource Management Plan (RMP) Amendment for Greater Sage-Grouse conservation for the Oregon Greater Sage-Grouse Sub-Region. The Acting State Director signed the ROD on March 15, 2019, which constitutes the final decision of the BLM and makes the approved ROD effective immediately.</P>
                </SUM>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The ROD is available on the BLM ePlanning project website at 
                        <E T="03">https://goo.gl/4CNtH8.</E>
                         Click the Documents and Reports link on the left side of the screen to find the electronic version of these materials. Paper copies of the ROD are also available for public inspection at the Oregon State Office and the Burns, Lakeview, Prineville, and Vale BLM District Offices.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jim Regan-Vienop, Planning and 
                        <PRTPAGE P="10325"/>
                        Environmental Coordinator, at 503-808-6062; 1220 SW 3rd Ave. Suite 1305, Portland, OR 97204; 
                        <E T="03">jreganvienop@blm.gov.</E>
                         Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with Mr. Regan-Vienop. You will receive a reply during normal business hours.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The BLM developed the Oregon Greater Sage-Grouse Approved RMP Amendment to enhance cooperation with states by improving alignment with state management plans and strategies for Greater Sage-Grouse, while continuing to conserve, enhance, and restore Greater Sage-Grouse and its habitat.</P>
                <P>The BLM developed the Oregon Greater Sage-Grouse Approved RMP Amendment in collaboration with Oregon Governor Kate Brown, State wildlife managers, and other concerned organizations and individuals largely through the Western Governors Association's Sage-Grouse Task Force. Using its discretion and authority under the Federal Land Policy and Management Act, the BLM amends land use plans that address Greater Sage-Grouse management to further improve alignment with the State of Oregon plans and management strategies in accordance with the BLM's multiple use and sustained yield mission. The Oregon Greater Sage-Grouse Approved RMP Amendment is one of six separate plan amendments developed and issued in response to Secretarial Order (SO) 3353 (Greater Sage-Grouse Conservation and Cooperation with Western States) and in accordance with SO 3349 (American Energy Independence). The six amendments refine the previous management plans adopted in 2015 and aim to strike a regulatory balance and build greater trust among neighboring interests in Western communities.</P>
                <P>The Oregon Greater Sage-Grouse Approved RMP Amendment specifically addresses the availability or unavailability of livestock grazing in 13 key Research Natural Areas and clarifies plan provisions related to compensatory mitigation. The Oregon Greater Sage-Grouse Approved RMP Amendment amends the following RMPs for lands administered by the BLM in Oregon:</P>
                <FP SOURCE="FP-1">• Andrews (2005)</FP>
                <FP SOURCE="FP-1">• Baker (1989)</FP>
                <FP SOURCE="FP-1">• Brothers/La Pine (1989)</FP>
                <FP SOURCE="FP-1">• Lakeview (2003)</FP>
                <FP SOURCE="FP-1">• Southeastern Oregon (2002)</FP>
                <FP SOURCE="FP-1">• Steens (2005)</FP>
                <FP SOURCE="FP-1">• Three Rivers (1992)</FP>
                <FP SOURCE="FP-1">• Upper Deschutes (2005)</FP>
                <P>The planning area includes approximately 60,649 acres of lands administered by the BLM in three Oregon counties: Harney, Lake, and Malheur. Within the decision area, the BLM administers approximately 21,959 acres of public lands, all of which is Greater Sage-Grouse habitat. Surface management decisions made in the Oregon Greater Sage-Grouse Approved RMP Amendment apply only to lands administered by the BLM in the decision area.</P>
                <P>The BLM prepared an environmental impact statement (EIS) in accordance with the National Environmental Policy Act (NEPA) to analyze the direct, indirect, and cumulative environmental impacts associated with the proposed action and the alternatives. The ROD approves the agency preferred alternative identified in the Final EIS. The BLM issued the ROD based on compliance with relevant laws, regulations, policies, and plans, including those guiding agency decisions that may have an impact on resources and their values, services, and functions.</P>
                <P>
                    On December 10, 2018, the Notice of Availability (NOA) for the Oregon Greater Sage-Grouse Proposed RMP Amendment/Final EIS (83 FR 63524) was published in the 
                    <E T="04">Federal Register</E>
                    . The publication of the NOA initiated a 30-day protest period for the proposed land use planning decision. The protest period was later extended an additional seven days to help account for technical issues the public encountered when submitting protests during the partial Federal Government shutdown in January 2019. The NOA publication also initiated a simultaneous 60-day review by the Governor of Oregon to identify any inconsistencies with State or local plans, policies, or programs. At the close of the protest period, 12 protests had been received. These protests were resolved by the BLM Director; individual protest response letters were sent to all protesting parties. Protest resolution is contained in the Director's Protest Summary Report, which is available online at 
                    <E T="03">https://www.blm.gov/programs/planning-and-nepa/public-participation/protest-resolution-reports.</E>
                     The Oregon Greater Sage-Grouse Proposed RMP Amendment was not modified as a result of the protest resolution. The Oregon Governor's consistency review identified the following inconsistency: Language in the Proposed RMPA/Final EIS related to compensatory mitigation failed to fully acknowledge the State of Oregon's jurisdiction, authorities, and abilities to require compensatory mitigation for impacts to Greater Sage-Grouse. The BLM clarified in the ROD for the Oregon Greater Sage-Grouse Proposed RMP Amendment that, when the State of Oregon requires compensatory mitigation as a component of compliance with the State's mitigation program, policy, or state regulation, the BLM will incorporate and enforce that compensatory mitigation as a condition of permits or authorizations issued by BLM Oregon.
                </P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P> 40 CFR 1506.6.</P>
                </AUTH>
                <SIG>
                    <NAME>Theresa M. Hanley,</NAME>
                    <TITLE>Acting State Director, BLM Oregon/Washington.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05297 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4310-84-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Land Management</SUBAGY>
                <DEPDOC>[19X LLWO230 L11100000.PN0000 LXSGPL000000]</DEPDOC>
                <SUBJECT>Notice of Availability of Record of Decision and Approved Resource Management Plan Amendment for Greater Sage-Grouse Conservation, Idaho</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Land Management, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) for the Approved Resource Management Plan (RMP) Amendment for Greater Sage-Grouse Conservation for the Idaho Greater Sage-Grouse Sub-Region. The State Director signed the ROD on March 15, 2019, which constitutes the final decision of the BLM and makes the Approved ROD effective immediately.</P>
                </SUM>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The ROD is available on the BLM ePlanning project website at 
                        <E T="03">https://go.usa.gov/xPc3a.</E>
                         Click the Documents and Reports link on the left side of the screen to find the electronic version of these materials. Hard copies of the ROD are also available for public inspection at the Boise, Idaho Falls, and Twin Falls District Offices.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jonathan Beck, Greater Sage-Grouse Implementation Coordinator, telephone, (208) 373-3841; address, 1387 South Vinnell Way, Boise Idaho 83709; email, 
                        <E T="03">jmbeck@blm.gov.</E>
                         Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at (800) 877-8339 to contact Mr. Beck. The FRS is available 
                        <PRTPAGE P="10326"/>
                        24 hours a day, 7 days a week, to leave a message or question with Mr. Beck. You will receive a reply during normal business hours.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The BLM developed the Idaho Greater Sage-Grouse Approved RMP Amendment to enhance cooperation with States by improving alignment with State management plans and strategies for Greater Sage-Grouse, while continuing to conserve, enhance, and restore Greater Sage-Grouse and its habitat. The Approved RMP Amendment also addresses a legal vulnerability, which was exposed when a Federal District Court in Nevada determined that the BLM had violated the National Environmental Policy Act (NEPA) when it finalized the 2015 plans.</P>
                <P>The BLM developed the Approved RMP Amendment in collaboration with Idaho Governor Butch Otter, state wildlife managers, and other concerned organizations and individuals, largely through the Governor's stakeholder group comprised of members from the Idaho Sage-Grouse Task Force. Using its discretion and authority under the Federal Land Policy and Management Act (FLPMA), the BLM amends land use plans that address Greater Sage-Grouse management to improve alignment with State of Idaho plans and management strategies, in accordance with the BLM's multiple use and sustained yield mission. This Approved RMP Amendment is one of six separate plan amendments developed and issued in response to the Secretary's Order (SO) 3353 (Greater Sage-grouse Conservation and Cooperation with Western States) and in accordance with SO 3349 (American Energy Independence). The amendments refine the previous management plan adopted in 2015 and aim to strike a regulatory balance and build greater trust among neighboring interests in Western communities.</P>
                <P>The Idaho Greater-Sage Grouse Approved RMP Amendment specifically addresses the designation of sagebrush focal areas, mitigation standards, lek buffers, disturbance and density caps, and adjustments to habitat boundaries to reflect new information. The Approved RMP Amendment amends the following RMPs for BLM-administered lands in Idaho:</P>
                <FP SOURCE="FP-1">• Bennett Hills/Timmerman Hills Management Framework Plan (MFP) (BLM 1980)</FP>
                <FP SOURCE="FP-1">• Big Desert MFP (BLM 1981)</FP>
                <FP SOURCE="FP-1">• Big Lost MFP (BLM 1983)</FP>
                <FP SOURCE="FP-1">• Bruneau MFP (BLM 1983)</FP>
                <FP SOURCE="FP-1">• Cascade RMP (BLM 1988)</FP>
                <FP SOURCE="FP-1">• Cassia RMP (BLM 1985)</FP>
                <FP SOURCE="FP-1">• Challis RMP (BLM 1999)</FP>
                <FP SOURCE="FP-1">• Craters of the Moon National Monument RMP (BLM 2006)</FP>
                <FP SOURCE="FP-1">• Jarbidge RMP (BLM 1988)</FP>
                <FP SOURCE="FP-1">• Jarbidge RMP (Revised) (BLM 2015)</FP>
                <FP SOURCE="FP-1">• Kuna MFP (BLM 1983)</FP>
                <FP SOURCE="FP-1">• Lemhi RMP (BLM 1987)</FP>
                <FP SOURCE="FP-1">• Little Lost-Birch Creek MFP (BLM 1981)</FP>
                <FP SOURCE="FP-1">• Magic MFP (BLM 1975)</FP>
                <FP SOURCE="FP-1">• Medicine Lodge MFP (BLM 1981)</FP>
                <FP SOURCE="FP-1">• Monument RMP (BLM 1985)</FP>
                <FP SOURCE="FP-1">• Owyhee RMP (BLM 1999)</FP>
                <FP SOURCE="FP-1">• Pocatello RMP (BLM 2012)</FP>
                <FP SOURCE="FP-1">• Snake River Birds of Prey National Conservation Area RMP (BLM 2008)</FP>
                <FP SOURCE="FP-1">• Sun Valley MFP (BLM 1981)</FP>
                <FP SOURCE="FP-1">• Twin Falls MFP (BLM 1982)</FP>
                <P>The planning area includes approximately 39.5 million acres of BLM, National Park Service, U.S. Forest Service, U.S. Bureau of Reclamation, State, local, and private lands in 28 counties: Ada, Adams, Bear Lake, Bingham, Blaine, Bonneville, Butte, Camas, Caribou, Cassia, Clark, Custer, Elmore, Fremont, Gem, Gooding, Jefferson, Jerome, Lemhi, Lincoln, Madison, Minidoka, Oneida, Owyhee, Payette, Power, Twin Falls, and Washington. Within the planning area, the BLM administers 11,470,301 acres of public land, providing 8,809,326 acres of Greater Sage-Grouse habitat. Surface management decisions made in the Approved RMP Amendment apply only to lands administered by the BLM in the decision area.</P>
                <P>The BLM prepared an EIS in accordance with the NEPA to analyze the direct, indirect, and cumulative environmental impacts associated with the proposed action and the alternatives. The ROD approves the Agency Preferred Alternative identified in the Final EIS as updated by the Governor's consistency review and accepted by the Idaho State Director. The BLM issued the ROD based on compliance with relevant laws, regulations, policies, and plans, including those guiding agency decisions that may have an impact on resources and their values, services, and functions.</P>
                <P>
                    On December 10, 2018, the NOA for the Idaho Greater Sage-Grouse Proposed RMP Amendment/Final EIS (83 FR 63531) was published in the 
                    <E T="04">Federal Register</E>
                    . The publication of the NOA initiated a 30-day protest period for the proposed land-use-planning decision. The protest period was later extended an additional seven days to help account for technical issues the public encountered when submitting protests during the partial Federal government shutdown in January 2019. NOA publication also initiated a simultaneous 60-day review by the Governor of Idaho to identify and inconsistencies with State or local plans, policies, or programs. At the close of the protest period, 8 protests had been received. These protests were resolved by the BLM Director; individual protest response letters were sent to all protesting parties. Protest resolution is contained in the Director's Protest Summary Report, which is available online at 
                    <E T="03">https://www.blm.gov/programs/planning-and-nepa/public-participation/protest-resolution-reports</E>
                    . The proposed RMP Amendment was modified as a result of the protest resolution. The Idaho Governor's review identified several factual corrections/editorial changes that were accepted by BLM. The Governor also identified inconsistencies related to livestock grazing, buffers, required design features, and fire management.
                </P>
                <P>The BLM clarified Management Direction MD LG 17 in the Approved RMP Amendment to the following: “Allotments within PHMA with declining sage-grouse populations, defined by a soft or hard adaptive management trigger being engaged and/or with land health concerns will be prioritized for field checks.” BLM removed redundant 2015 plan exception criteria from Appendix B. The intention was to remove the 2015 exception criteria when adding the stakeholder group's exception criteria between Draft EIS and Final EIS, but the deletion was overlooked when completing the Final EIS. BLM moved the noise buffer section located in the 2018 Final EIS to Required Design Features (RDF) as it was in the 2015 Approved RMP Amendment. BLM will include the words “as appropriate” to the anti-perch device RDF to allow the use of current and/or best science when making perch deterrent decisions.</P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>40 CFR 1506.6.</P>
                </AUTH>
                <SIG>
                    <NAME>Peter J. Ditton,</NAME>
                    <TITLE>Acting BLM Idaho State Director.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05289 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4310-84-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="10327"/>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Land Management</SUBAGY>
                <DEPDOC>[19X LLWO230 L11100000.PN0000 LXSGPL000000]</DEPDOC>
                <SUBJECT>Notice of Availability of Record of Decision and Approved Resource Management Plan Amendment for Greater Sage-Grouse Conservation, Northwest Colorado</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Land Management, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) for the Approved Resource Management Plan (RMP) Amendment for Greater Sage-Grouse Conservation for the Northwest Colorado Greater Sage-Grouse Sub-Region. The State Director signed the ROD on March 15, 2019, which constitutes the BLM's final decision and makes the ROD effective immediately.</P>
                </SUM>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The ROD is available on the BLM ePlanning project website at 
                        <E T="03">https://go.usa.gov/xP6Xa</E>
                        . Click the Documents and Reports link to find the electronic version of these materials. Hard copies of the ROD are also available for public inspection at the Colorado State Office and the Grand Junction Field Office.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Bridget Clayton, Sage-Grouse Coordinator, BLM Colorado, telephone (970) 244-3045; address 2815 H Road, Grand Junction, CO 81506; email 
                        <E T="03">bclayton@blm.gov.</E>
                         Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact Ms. Clayton. The FRS is available 24 hours a day, 7 days a week, to leave a message or question. You will receive a reply during normal business hours.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The BLM developed the Northwest Colorado Greater Sage-Grouse Approved RMP Amendment to enhance cooperation with States by improving alignment with State management plans and strategies for Greater Sage-Grouse, while continuing to conserve, enhance, and restore Greater Sage-Grouse and its habitat.</P>
                <P>The BLM developed the Approved RMP Amendment in collaboration with Colorado Governor John Hickenlooper, State wildlife managers, and other concerned organizations and individuals, largely through the Western Governors Association's Sage-Grouse Task Force. Using its discretion and authority under the Federal Land Policy and Management Act (FLPMA), the BLM amends land use plans that address Greater Sage-Grouse management to improve alignment with the State of Colorado plans and management strategies, in accordance with the BLM's multiple use and sustained yield mission.</P>
                <P>This Approved RMP Amendment is one of six separate plan amendments developed and issued in response to the Secretary's Order (SO) 3353 (Greater Sage-grouse Conservation and Cooperation with Western States) and in accordance with SO 3349 (American Energy Independence). The amendments refine the previous management plan adopted in 2015 and aim to strike a regulatory balance and build greater trust among neighboring interests in Western communities.</P>
                <P>The Northwestern Colorado Greater-Sage Grouse Approved RMP Amendment specifically allows greater flexibility for the BLM to work with the State of Colorado on issues related to fluid minerals management and mitigation. The Approved RMP Amendment amends the following RMPs for BLM-administered lands in Colorado:</P>
                <P>• Colorado River Valley RMP (BLM 2015).</P>
                <P>• Grand Junction RMP (BLM 2015).</P>
                <P>• Kremmling RMP (BLM 2015).</P>
                <P>• Little Snake RMP (BLM 2011).</P>
                <P>• White River RMP (BLM 1997) and associated amendments, including the White River Oil and Gas Amendment (BLM 2015).</P>
                <P>The planning area is part of the larger Rocky Mountain Region and encompasses approximately 15 million acres, including 8.5 million acres of public lands managed by five BLM field offices in the 10 northwest Colorado counties of Eagle, Garfield, Grand, Jackson, Larimer, Mesa, Moffat, Rio Blanco, Routt, and Summit. The planning area encompasses National Park Service, U.S. Department of Defense, U.S. Forest Service, U.S. Fish and Wildlife Service, State of Colorado, county, city, and private lands. Decisions in this RMP Amendment apply solely to BLM-administered surface (totaling approximately 1.7 million acres) and BLM-administered Federal mineral estate (approximately 2.1 million acres) within Greater Sage-Grouse habitat. Surface management decisions made in the Approved RMP Amendment apply only to lands administered by the BLM in the decision area.</P>
                <P>The BLM prepared an EIS in accordance with the NEPA to analyze the direct, indirect, and cumulative environmental impacts associated with the proposed action and the alternatives. The ROD approves the Agency Preferred Alternative identified in the Final EIS. The BLM issued the ROD based on compliance with relevant laws, regulations, policies, and plans, including those guiding agency decisions that may have an impact on resources and their values, services, and functions.</P>
                <P>
                    On December 10, 2018, the NOA for the Northwestern Colorado Greater Sage-Grouse Proposed RMP Amendment/Final EIS (83 FR 63523) was published in the 
                    <E T="04">Federal Register</E>
                    . The publication of the NOA initiated a 30-day protest period for the proposed land-use-planning decision. The protest period was later extended an additional seven days to help account for technical issues the public encountered when submitting protests during the partial Federal government shutdown in January 2019. NOA publication also initiated a simultaneous 60-day review by the Governor of Colorado to identify inconsistencies with State or local plans, policies, or programs. At the close of the protest period, 18 protests had been received. These protests were resolved by the BLM Director; individual protest response letters were sent to all protesting parties. Protest resolution is contained in the Director's Protest Summary Report, which is available online at 
                    <E T="03">https://www.blm.gov/programs/planning-and-nepa/public-participation/protest-resolution-reports.</E>
                     The proposed RMP Amendment was not modified as a result of the protest resolution. The Colorado Governor's review identified minor clarifications to the plan which, if completed, resulted in the Governor's office agreeing that the plan is consistent with state plans, policies, and programs. Colorado BLM made the clarifications, including updating the Governor's 2018 Executive Order for Sage-grouse.
                </P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>40 CFR 1506.6</P>
                </AUTH>
                <SIG>
                    <NAME>Jamie Connell, </NAME>
                    <TITLE>BLM Colorado State Director.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05293 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4310-84-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="10328"/>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Land Management</SUBAGY>
                <DEPDOC>[19X.LLAK930000 L16100000.PN0000]</DEPDOC>
                <SUBJECT>Notice of Availability of the Draft Bering Sea-Western Interior Resource Management Plan and Environmental Impact Statement, Alaska; Notice of Public Meetings and Subsistence Hearings</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Land Management, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Bureau of Land Management (BLM), Anchorage Field Office, Anchorage, Alaska, is issuing for public comment the Draft Resource Management Plan (RMP) and Environmental Impact Statement (EIS) for the Bering Sea-Western Interior (BSWI) planning area. The BLM is also announcing that it will hold public meetings and Alaska National Interest Lands Conservation Act (ANILCA) Section 810 subsistence-related hearings to receive comments on the BSWI RMP/EIS.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        To ensure that comments will be considered, the BLM must receive written comments on the Draft RMP/EIS within 90 days following the date the Environmental Protection Agency publishes its Notice of Availability of the Draft RMP/EIS in the 
                        <E T="04">Federal Register</E>
                        . The BLM will announce public meetings and ANILCA Section 810 subsistence-related hearings and any other public participation activities at least 15 days in advance through public notices, media releases, and/or mailings.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You may provide comments by mail, fax, email, or in person. Mail comments to: BLM Anchorage Field Office, Attention—BSWI RMP, 4700 BLM Road, Anchorage, AK 99507; fax comments to 907-267-1267; email comments to 
                        <E T="03">BSWI_RMP_COMMENT@blm.gov;</E>
                         or hand-deliver comments during normal business hours (9 a.m. to 4 p.m.) to the BLM Anchorage Field Office at 4700 BLM Road, Anchorage, AK 99507.
                    </P>
                    <P>
                        You can review the BSWI RMP/EIS online at BLM Alaska's website at 
                        <E T="03">www.blm.gov/alaska/BSWI.</E>
                         Copies of the BSWI Draft RMP/EIS are available for viewing in the BLM Anchorage Field Office at the above address; the BLM Alaska Public Information Center (Public Room) at the Federal Building at 222 West 8th Avenue, Anchorage; the Alaska Resources Library &amp; Information Services (ARLIS) Library Building at 3211 Providence Drive, Suite 111, Anchorage; and the Yukon Delta National Wildlife Refuge Office at 807 Eddie Hoffman Highway, Bethel. You may also request an electronic or paper copy of the BSWI Draft RMP/EIS by contacting Jorjena Barringer, BLM project lead, at 907-267-1246.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jorjena Barringer RMP Project Manager, BLM Anchorage Field Office, telephone: 907-267-1246, email: 
                        <E T="03">BSWI_RMP_COMMENT@blm.gov.</E>
                         People who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The BSWI Planning Area is located in western Alaska and encompasses approximately 62.3 million acres of land, including 13.5 million acres managed by the BLM. The planning area extends south from the Central Yukon watershed through the Kuskokwim River watershed, including all lands west of Denali National Park and Preserve to the Bering Sea. The BSWI RMP/EIS does not apply to non-BLM-managed lands, including lands conveyed through the Alaska Native Claims Settlement Act or Alaska Statehood Act; Federal lands administered by the U.S. Fish and Wildlife Service; private lands; or Native allotments (including townsite lots).</P>
                <P>This RMP replaces the 1981 Southwest Management Framework Plan and a small portion of the 1986 Central Yukon Resource Management Plan, including amendments. It provides:</P>
                <P>• Consolidated direction to address land and resource use and development on BLM-managed lands within the planning area and under one RMP, and</P>
                <P>• Analysis of the environmental effects that could result from the implementation of the alternatives proposed in the BSWI Draft RMP/EIS.</P>
                <P>This Draft RMP/EIS evaluates four alternatives for managing the planning area. Alternative A, the no action alternative, represents existing management described by current land use plans and provides the benchmark against which to compare the other alternatives. Alternative B emphasizes reducing the potential for competition between recreational or developmental uses and subsistence resources by identifying key areas for additional management actions. Alternative C, which is identified as the preferred alternative, emphasizes adaptive management at the planning level to maintain the long-term sustainability of resources while providing for multiple resource uses. Alternative D provides additional flexibility at the project-specific implementation level and fewer management restrictions at the planning level. Alternatives B, C, and D were developed using input from the public, stakeholders, and cooperating agencies. Major planning issues addressed include subsistence resources, including water resources, fisheries, and wildlife; forestry; minerals and mining; recreation; travel management and access; and areas of critical environmental concern.</P>
                <P>Section 810 of ANILCA requires BLM to evaluate the effects of the alternatives presented in the Draft EIS on subsistence resources and activities, and to hold public hearings if it finds that any alternative may significantly restrict subsistence uses. The preliminary evaluation of subsistence impacts indicates that each of the alternatives analyzed in the Draft EIS and the associated cumulative impacts may significantly restrict subsistence uses. Therefore, BLM will hold public hearings on subsistence resources and activities in conjunction with the Draft EIS public meetings in, or in the vicinity of, potentially affected communities.</P>
                <P>Before including your address, phone number, email address, or other personally identifying information in your comment, you should be aware that your entire comment—including your personally identifying information—may be made publicly available at any time. While you can ask the BLM in your comment to withhold your personally identifying information from public review, we cannot guarantee that we will be able to do so.</P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P> 16 U.S.C. 3120(a); 40 CFR 1506.6(b)</P>
                </AUTH>
                <SIG>
                    <NAME>Ted A. Murphy,</NAME>
                    <TITLE>Acting State Director, Alaska.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05291 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4310-JA-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Land Management</SUBAGY>
                <DEPDOC>[19X LLWO230 L11100000.PN0000 LXSGPL000000]</DEPDOC>
                <SUBJECT>Notice of Availability of Record of Decision and Approved Resource Management Plan Amendment for the Utah Greater Sage-Grouse Sub-Region</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Bureau of Land Management, Interior.</P>
                </AGY>
                <ACT>
                    <PRTPAGE P="10329"/>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Availability.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Bureau of Land Management (BLM) announces the availability of the Record of Decision (ROD) for the Approved Utah Greater Sage-Grouse Resource Management Plan Amendment (RMPA).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The State Director signed the ROD on March 14, 2019, which constitutes the final decision of the BLM, and makes the ROD effective immediately.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The ROD is available on the BLM ePlanning project website at 
                        <E T="03">https://go.usa.gov/xP8xc</E>
                        . Click the Documents and Reports link on the left side of the screen to find the electronic version of these materials. Hard copies of the ROD are also available for public inspection at the BLM Utah State Office, 440 West 200 South, Suite 500, Salt Lake City, UT 84101.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Quincy Bahr, Greater Sage-Grouse RMP Project Manager; telephone 801-539-4122; address 440 West 200 South, Suite 500, Salt Lake City, UT 84101; or by email 
                        <E T="03">qfbahr@blm.gov</E>
                        . Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact Mr. Bahr. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with Mr. Bahr. You will receive a reply during normal business hours.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The BLM developed the Approved RMPA using its discretion and authority under the Federal Land Policy and Management Act (FLPMA) to improve alignment with State management strategies and plans for Greater Sage-Grouse, while continuing to conserve, enhance, and restore Greater Sage-Grouse and its habitat. The Approved RMPA also addressed Sagebrush Focal Areas (SFAs) that were challenged in the Federal District Court in Nevada, who determined that the BLM had violated the National Environmental Policy Act (NEPA) in designating these SFAs in the 2015 plans.</P>
                <P>The BLM developed the Approved RMPA in collaboration with Utah Governor Gary Herbert, State wildlife managers, and other concerned organizations and individuals, largely through the Western Governors Association's Sage-Grouse Task Force. This Approved RMPA is one of six separate plan amendments developed and issued in response to the Secretary's Order (SO) 3353 (Greater Sage-grouse Conservation and Cooperation with Western States) and in accordance with SO 3349 (American Energy Independence). The amendments refine the previous management plan adopted in 2015 and aim to strike a regulatory balance and build greater trust among neighboring interests in Western communities.</P>
                <P>The Utah Greater-Sage Grouse Approved RMPA specifically addresses the following issues: SFA designations; disturbance and density caps; mitigation; modification of habitat objectives; changes to fluid mineral leasing waivers, exceptions, and modification criteria; the need for General Habitat Management Areas; exceptions to Greater Sage-Grouse management within non-habitat portions of Priority Habitat Management Areas; lek buffers; reversing adaptive management responses when the BLM determines that resource conditions no longer warrant those responses; fluid mineral leasing objective; land disposals and exchanges; predation; burial of transmission lines; decisions that require analysis of specific alternatives during implementation; adjustment of habitat boundaries to reflect new information; grazing systems and prioritization of grazing permits; water developments management in relation to water rights; travel and transportation management planning; and surface coal mining. The Approved RMPA amends the following RMPs for BLM-administered lands in Utah:</P>
                <FP SOURCE="FP-1">• Box Elder Resource Management Plan (1986)</FP>
                <FP SOURCE="FP-1">• Cedar/Beaver/Garfield/Antimony Resource Management Plan (1986)</FP>
                <FP SOURCE="FP-1">• Grand Staircase-Escalante National Monument Management Plan (2000)</FP>
                <FP SOURCE="FP-1">• House Range Resource Management Plan (1987)</FP>
                <FP SOURCE="FP-1">• Kanab Resource Management Plan (2008)</FP>
                <FP SOURCE="FP-1">• Park City Management Framework Plan (1975)</FP>
                <FP SOURCE="FP-1">• Pinyon Management Framework Plan (1978)</FP>
                <FP SOURCE="FP-1">• Pony Express Resource Management Plan (1990)</FP>
                <FP SOURCE="FP-1">• Price Resource Management Plan (2008)</FP>
                <FP SOURCE="FP-1">• Randolph Management Framework Plan (1980)</FP>
                <FP SOURCE="FP-1">• Richfield Resource Management Plan (2008)</FP>
                <FP SOURCE="FP-1">• Salt Lake District Isolated Tracts Planning Analysis (1985)</FP>
                <FP SOURCE="FP-1">• Vernal Resource Management Plan (2008)</FP>
                <FP SOURCE="FP-1">• Warm Springs Resource Management Plan (1987)</FP>
                <P>The planning area includes approximately 48,158,700 acres of BLM, National Park Service, United States Forest Service, U.S. Bureau of Reclamation, State, local, and private lands located in Utah, in 27 counties: Beaver, Box Elder, Cache, Carbon, Daggett, Davis, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Morgan, Piute, Rich, Salt Lake, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Wayne, and Weber. Within the decision area, which is limited to the portions of the planning area that are BLM-managed lands, the BLM administers public lands that provide approximately 4.1 million acres of Greater Sage-Grouse habitat, comprised of nearly 2.6 million acres of surface estate and 1.5 million acres of federal mineral estate. Surface management decisions made in the Approved RMPA apply only to lands administered by the BLM in the decision area.</P>
                <P>The BLM prepared an EIS in accordance with the NEPA to analyze the direct, indirect, and cumulative environmental impacts associated with the proposed action and the alternatives. The ROD approves the Agency's Proposed Plan Amendment identified in the Final EIS. The BLM issued the ROD based on compliance with relevant laws, regulations, policies, and plans, including those guiding agency decisions that may have an impact on resources and their values, services, and functions.</P>
                <P>
                    On December 10, 2018, the NOA for the Utah Greater Sage-Grouse Proposed RMPA and Final EIS (83 FR 63527) was published in the 
                    <E T="04">Federal Register</E>
                    . The publication of the NOA initiated a 30-day protest period for the proposed land-use-planning decision. The protest period was later extended an additional seven days to help account for technical issues the public encountered when submitting protests during the partial Federal government shutdown in January 2019. NOA publication also initiated a simultaneous 60-day consistency review by the Governor of Utah to identify any inconsistencies with State or local plans, policies, or programs. At the close of the protest period, the BLM received 8 protests. The BLM Director resolved these protests; individual protest response letters were sent to all protesting parties; and the RMPA was not modified as a result of the protest resolutions. Protest resolutions are contained in the Director's Protest Summary Report, which is available online at 
                    <E T="03">https://www.blm.gov/programs/planning-and-nepa/public-participation/protest-resolution-reports.</E>
                     The BLM received the Utah Governor's review response on February 4, 2019. The Governor outlined some points of clarification regarding the implementation of 
                    <PRTPAGE P="10330"/>
                    disturbance and density caps, modification of habitat objectives, and application of sage-grouse lek buffers. His letter also recommended revisions to the 2019 Approved RMPA and ROD to recognize the recent changes to Utah's Conservation Plan for Greater Sage-Grouse, which creates more consistency between Utah's plan and the BLM's Approved RMPA. The State of Utah's disturbance cap in designated sage-grouse habitat was adjusted and set at three percent disturbance above their 2013 baseline, a change made to better align Utah's sage-grouse plan with the BLM's and is highlighted in the ROD. In addition to this change, Utah's plan was also updated to include a “Utah's Habitat Guidelines” table establishing habitat objectives. The BLM's Approved RMPA, Appendix B, has been updated to state that analysis determining impacts on lek persistence will be conducted in coordination with the appropriate State of Utah agency. The BLM also responded to the governor's letter by updating the ROD to document the ongoing coordination required to resolve the consistency issues he identified. In addition to updating the ROD, the BLM will present the field, district, and monument offices with a table and other implementation materials detailing the changes in the 2019 Approved RMPA and which actions from 2015 Approved RMPA will be affected upon the signing of the ROD.
                </P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>40 CFR 1506.6.</P>
                </AUTH>
                <SIG>
                    <NAME>Edwin L. Roberson,</NAME>
                    <TITLE>State Director.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05295 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4310-84-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-CONC-26526; PPWOBSADC0, PPMVSCS1Y.Y00000]</DEPDOC>
                <SUBJECT>Notice of Continuation of Concession Contracts</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Public notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Pursuant to the terms of existing concession contracts, public notice is hereby given that the National Park Service intends to request a continuation of visitor services for the periods specified below.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The National Park Service intends for the continuation to commence on January 1, 2019.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Kurt Rausch, Acting Chief, Commercial Services Program, National Park Service, 1849 C Street NW, Mail Stop 2410, Washington, DC 20240, Telephone: 202-513-7156.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The contracts listed below have been extended to the maximum allowable under 36 CFR 51.23. Under the provisions of the respective concession contracts and pending the completion of the public solicitation of a prospectus for a new concession contract, the National Park Service authorizes continuation of visitor services for a period not-to-exceed 1-year commencing January 1, 2019, under the terms and conditions of the current contract as amended. The continuation of operations does not affect any rights with respect to selection for award of a new concession contract. The publication of this notice merely reflects the intent of the National Park Service but does not bind the National Park Service to continue any of the contracts listed below.</P>
                <GPOTABLE COLS="3" OPTS="L2,tp0,i1" CDEF="s150,xls54,r110">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Park unit</CHED>
                        <CHED H="1">CONCID</CHED>
                        <CHED H="1">Concessioner</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">National Mall and Memorial Parks</ENT>
                        <ENT>NACC003-86</ENT>
                        <ENT>Guest Services, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Independence National Historical Park</ENT>
                        <ENT>INDE001-94</ENT>
                        <ENT>Concepts by Staib, Ltd.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Cape Hatteras National Seashore</ENT>
                        <ENT>CAHA001-98</ENT>
                        <ENT>Koru Village Incorporated.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Cape Hatteras National Seashore</ENT>
                        <ENT>CAHA004-98</ENT>
                        <ENT>Oregon Inlet Fishing Center, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Glen Canyon National Recreation Area</ENT>
                        <ENT>GLCA002-88</ENT>
                        <ENT>ARAMARK Sports and Entertainment Services, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Glen Canyon National Recreation Area</ENT>
                        <ENT>GLCA003-69</ENT>
                        <ENT>ARAMARK Leisure Services, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Lake Mead National Recreation Area</ENT>
                        <ENT>LAKE001-73</ENT>
                        <ENT>Rex G. Maughan and Ruth G. Maughan.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Lake Mead National Recreation Area</ENT>
                        <ENT>LAKE002-82</ENT>
                        <ENT>Lake Mead R.V. Village, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Lake Mead National Recreation Area</ENT>
                        <ENT>LAKE005-97</ENT>
                        <ENT>Rex G. Maughan and Ruth G. Maughan.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Lake Mead National Recreation Area</ENT>
                        <ENT>LAKE006-74</ENT>
                        <ENT>Las Vegas Boat Harbor, Inc.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Lake Mead National Recreation Area</ENT>
                        <ENT>LAKE009-88</ENT>
                        <ENT>Temple Bar Marina, LLC.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">National Capital Parks Central</ENT>
                        <ENT>NACC001-89</ENT>
                        <ENT>Golf Course Specialists, Inc.</ENT>
                    </ROW>
                </GPOTABLE>
                <SIG>
                    <DATED>Dated: March 12, 2019.</DATED>
                    <NAME>Lena McDowall,</NAME>
                    <TITLE>Deputy Director, Management and Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05197 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-53-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-CONC-26525; PPWOBSADC0, PPMVSCS1Y.Y00000]</DEPDOC>
                <SUBJECT>Notice of Extension of Concession Contracts and Intent To Award Temporary Concession Contract</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Public notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The National Park Service hereby gives public notice that it proposes to extend the expiring concession contracts listed in the table below until the date shown in the “Extension Date” column, or until the effective date of a new contract, whichever occurs sooner. The National Park Service hereby gives public notice that it intends to award one temporary concession contract as described below.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The National Park Service intends for the extensions and temporary concession contract to commence on January 1, 2019.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Kurt Rausch, Acting Program Chief, Commercial Services Program, National Park Service, 1849 C Street NW, Mail Stop 2410, Washington, DC 20240, Telephone: 202-513-7156.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    All of the concession contracts listed in the first table below will expire by their terms on or before December 31, 2018. The National Park Service intends to extend the concession contracts shown until the specific date shown in the “Extension Date” column, or until the effective date of a new concession contract, whichever occurs first. For the second table, the contract is extended until the date shown in the “Extension Date” column. Under the provisions of current concession contracts, the National Park Service authorizes extension of visitor services for the listed contracts under the terms and conditions of the current contract (as amended if applicable). The extension 
                    <PRTPAGE P="10331"/>
                    of operations does not affect any rights with respect to selection for award of a new concession contract. The National Park Service has determined the proposed extensions are necessary to avoid interruption of visitor services and has taken all reasonable and appropriate steps to consider alternatives to avoid such interruption. The publication of this notice merely reflects the intent of the National Park Service and does not bind the National Park Service to extend or award any of the contracts listed below.
                </P>
                <P>The information in the third table shows concession contracts for which the National Park Service intends to award temporary concession contracts to qualified persons under the authority of 36 CFR 51.24(a), for a term not to exceed 3 years. The NPS intends for the temporary concession contracts to commence as of the specific dates shown in the “Effective Date” column. This notice is not a request for proposals.</P>
                <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s50,12,r50,12">
                    <TTITLE>Table 1—Concession Contracts Extended Until the Date Shown or Until the Effective Date of a New Contract</TTITLE>
                    <BOXHD>
                        <CHED H="1">Park unit</CHED>
                        <CHED H="1">CONCID</CHED>
                        <CHED H="1">Concessioner</CHED>
                        <CHED H="1">Extension date</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Acadia NP</ENT>
                        <ENT>ACAD014-09</ENT>
                        <ENT>Carriages of Acadia, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Badlands NP</ENT>
                        <ENT>BADL001-09</ENT>
                        <ENT>Badlands Lodge, LLC</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Big Bend NP</ENT>
                        <ENT>BIBE002-08</ENT>
                        <ENT>Big Bend Resorts LLC</ENT>
                        <ENT>6/30/2020</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Buck Island Reef NM</ENT>
                        <ENT>BUIS006-06</ENT>
                        <ENT>Teroro II, Inc</ENT>
                        <ENT>3/4/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Buck Island Reef NM</ENT>
                        <ENT>BUIS008-06</ENT>
                        <ENT>Llewellyn's Charter, Inc</ENT>
                        <ENT>3/4/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Buck Island Reef NM</ENT>
                        <ENT>BUIS014-06</ENT>
                        <ENT>Michael Klein</ENT>
                        <ENT>3/9/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Buck Island Reef NM</ENT>
                        <ENT>BUIS015-07</ENT>
                        <ENT>D.T.R.T. Enterprises, LLC</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Buck Island Reef NM</ENT>
                        <ENT>BUIS019-06</ENT>
                        <ENT>Dragon Fly</ENT>
                        <ENT>3/4/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Canyonlands NP</ENT>
                        <ENT>CANY031-07</ENT>
                        <ENT>Holiday River Expeditions, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Canyonlands NP</ENT>
                        <ENT>CANY032-07</ENT>
                        <ENT>Escape Adventures, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Canyonlands NP</ENT>
                        <ENT>CANY033-07</ENT>
                        <ENT>Mike &amp; Maggie Adventures, LLC</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Canyonlands NP</ENT>
                        <ENT>CANY034-07</ENT>
                        <ENT>Rim Tours, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Canyonlands NP</ENT>
                        <ENT>CANY035-07</ENT>
                        <ENT>Western Spirit Cycling, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Denali NPP</ENT>
                        <ENT>DENA013-07</ENT>
                        <ENT>Denali Nat'l Park Wilderness Centers LTD</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Denali NPP</ENT>
                        <ENT>DENA015-07</ENT>
                        <ENT>Doyon, Limited</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Denali NPP</ENT>
                        <ENT>DENA016-07</ENT>
                        <ENT>CATC Alaskan Tourism Corporation</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Denali NPP</ENT>
                        <ENT>DENA024-07</ENT>
                        <ENT>Sheldon Air Service LLC</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Denali NPP</ENT>
                        <ENT>DENA025-07</ENT>
                        <ENT>Rust Air, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Denali NPP</ENT>
                        <ENT>DENA028-07</ENT>
                        <ENT>Fly Denali, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Denali NPP</ENT>
                        <ENT>DENA029-07</ENT>
                        <ENT>Talkeetna Air Taxi, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Eisenhower NHS</ENT>
                        <ENT>EISE001-07</ENT>
                        <ENT>Gettysburg Tours, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Everglades NP</ENT>
                        <ENT>EVER002-08</ENT>
                        <ENT>Everglades National Park Boat Tours, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Fire Island NS</ENT>
                        <ENT>FIIS003-09</ENT>
                        <ENT>Sayville Ferry Service, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Geo. Washington MP</ENT>
                        <ENT>GWMP003-13</ENT>
                        <ENT>Belle Haven Marina, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Glacier Bay NPP</ENT>
                        <ENT>GLBA009-07</ENT>
                        <ENT>Alaska Discovery, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Glacier Bay NPP</ENT>
                        <ENT>GLBA021-07</ENT>
                        <ENT>Glacier Bay Sea Kayaks, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Glacier Bay NPP</ENT>
                        <ENT>GLBA048-07</ENT>
                        <ENT>Alaska Mt Guides &amp; Climbing School, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Golden Gate NRA</ENT>
                        <ENT>GOGA002-09</ENT>
                        <ENT>Gold. Gate Counc. Amer Youth Hostels, Inc</ENT>
                        <ENT>4/30/2020</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Golden Gate NRA</ENT>
                        <ENT>GOGA010-98</ENT>
                        <ENT>Peanut Wagon, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA002-08</ENT>
                        <ENT>Grand Canyon North Rim, LLC</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA006-08</ENT>
                        <ENT>AzRA Acquisition, LLC</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA007-08</ENT>
                        <ENT>Arizona River Runners, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA010-08</ENT>
                        <ENT>Canyoneers, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA011-08</ENT>
                        <ENT>Colorado River &amp; Trail Expeditions, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA015-08</ENT>
                        <ENT>Grand Canyon Expeditions Company, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA016-08</ENT>
                        <ENT>Canyon Expeditions, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA017-08</ENT>
                        <ENT>Grand Canyon Whitewater, LLC</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA018-08</ENT>
                        <ENT>Hatch River Expeditions, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA020-08</ENT>
                        <ENT>Arizona Raft Adventures, LLC</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA021-08</ENT>
                        <ENT>O.A.R.S. Grand Canyon, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA022-08</ENT>
                        <ENT>Outdoors Unlimited River Trips</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA024-08</ENT>
                        <ENT>ARAMARK Sports &amp; Entert. Services, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA025-08</ENT>
                        <ENT>Tour West, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA026-08</ENT>
                        <ENT>Western River Expeditions, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA028-08</ENT>
                        <ENT>Canyon Explorations, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Grand Canyon NP</ENT>
                        <ENT>GRCA029-08</ENT>
                        <ENT>Grand Canyon Discovery, LLC</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Great Smoky Mtns NP</ENT>
                        <ENT>GRSM002-09</ENT>
                        <ENT>Stokely Consolidated Investments, LLC</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Great Smoky Mtns NP</ENT>
                        <ENT>GRSM006-07</ENT>
                        <ENT>Smoky Mountain Stables, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Isle Royale NP</ENT>
                        <ENT>ISRO002-09</ENT>
                        <ENT>Isle Royale Resorts, LLC</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Lake Roosevelt NRA</ENT>
                        <ENT>LARO004-07</ENT>
                        <ENT>Lake Roosevelt Vacations, Inc</ENT>
                        <ENT>4/30/2020</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Muir Woods NM</ENT>
                        <ENT>MUWO001-09</ENT>
                        <ENT>Cloudless Skies Parks Company, LLC</ENT>
                        <ENT>4/30/2020</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Point Reyes NS</ENT>
                        <ENT>PORE005-08</ENT>
                        <ENT>Stewart Ranch, LLC</ENT>
                        <ENT>3/31/2020</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Prince William FP</ENT>
                        <ENT>PRWI001-08</ENT>
                        <ENT>Recreational Adventures Campground, LLC</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST001-07</ENT>
                        <ENT>Ultima Thule Outfitters, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST002-07</ENT>
                        <ENT>Johnny W. McMahan</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST003-07</ENT>
                        <ENT>Wendell Kirk Ellis</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST004-07</ENT>
                        <ENT>W. Cole Ellis</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST005-07</ENT>
                        <ENT>Majestic Mountain Outfitters, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST006-07</ENT>
                        <ENT>Rough &amp; Ready Guide Service, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST007-07</ENT>
                        <ENT>Kichatna Guide Service</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="10332"/>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST009-07</ENT>
                        <ENT>W. Cole Ellis</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST010-07</ENT>
                        <ENT>Majestic Mountain Outfitters, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST012-07</ENT>
                        <ENT>Urban E. Rahoi</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST013-07</ENT>
                        <ENT>Thomas Vaden</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST014-07</ENT>
                        <ENT>Ultima Thule Outfitters, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST015-07</ENT>
                        <ENT>Ultima Thule Outfitters, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST016-07</ENT>
                        <ENT>Wrangell Outfitters, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Wrangell-St. Elias NPP</ENT>
                        <ENT>WRST017-07</ENT>
                        <ENT>Chuck McMahan</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Zion NP</ENT>
                        <ENT>ZION003-09</ENT>
                        <ENT>Xanterra Parks &amp; Resorts, Inc</ENT>
                        <ENT>12/31/2019</ENT>
                    </ROW>
                </GPOTABLE>
                <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s50,12,r50,12">
                    <TTITLE>Table 2—Concession Contracts Extended Until the Date Shown</TTITLE>
                    <BOXHD>
                        <CHED H="1">Park unit</CHED>
                        <CHED H="1">CONCID</CHED>
                        <CHED H="1">Concessioner</CHED>
                        <CHED H="1">Extension date</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Statue of Liberty NM</ENT>
                        <ENT>STI001-07</ENT>
                        <ENT>Statue Cruises, LLC</ENT>
                        <ENT>09/30/2020</ENT>
                    </ROW>
                </GPOTABLE>
                <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s50,12,r50,12">
                    <TTITLE>Table 3—Temporary Concession Contract</TTITLE>
                    <BOXHD>
                        <CHED H="1">Park unit</CHED>
                        <CHED H="1">CONCID</CHED>
                        <CHED H="1">Services</CHED>
                        <CHED H="1">Effective date</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Fire Island NS</ENT>
                        <ENT>FIIS007</ENT>
                        <ENT>Marina Services</ENT>
                        <ENT>1/1/2019</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Point Reyes NS</ENT>
                        <ENT>PORE005</ENT>
                        <ENT>Horse Camp</ENT>
                        <ENT>4/1/2019</ENT>
                    </ROW>
                </GPOTABLE>
                <SIG>
                    <DATED>Dated: March 12, 2019.</DATED>
                    <NAME>Lena McDowall,</NAME>
                    <TITLE>Deputy Director, Management and Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05196 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4312-53-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF JUSTICE</AGENCY>
                <SUBAGY>Antitrust Division</SUBAGY>
                <SUBJECT>Notice Pursuant to the National Cooperative Research and Production Act of 1993—Petroleum Environmental Research Forum Project No. 2014-12, Impacts of Processing Unconventional Crudes on Refinery Wastewater Treatment Plant Operations</SUBJECT>
                <P>
                    Notice is hereby given that, on February 26, 2019, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 
                    <E T="03">et seq.</E>
                     (“the Act”), Petroleum Environmental Research Forum Project No. 2014-12, Impacts of Processing Unconventional Crudes on Refinery Wastewater Treatment Plant Operations (“PERF Project No. 2014-12”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the identities of the parties to the venture and (2) the nature and objectives of the venture. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.
                </P>
                <P>Pursuant to Section 6(b) of the Act, the identities of the parties to the venture are: ExxonMobil Research and Engineering Company, Spring, TX; Chevron Energy Technology Company Division, Houston, TX; BP Products North America, Inc., Naperville, IL; Suez Treatment Solutions, Inc., Ashland, VA; Tetra Tech, Inc., Nashville, TN; Phillips 66 Company, Bartlesville, OK; and Valero Services, Inc., San Antonio, TX. The general area of PERF Project No. 2014-12's planned activity is, through cooperative research efforts, to explore the impact of processing unconventional crudes by developing a catalog of contaminants, issues, and experiences.</P>
                <SIG>
                    <NAME>Suzanne Morris,</NAME>
                    <TITLE>Chief, Premerger and Division Statistics Unit, Antitrust Division.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05222 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4410-11-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
                <DEPDOC>[OMB Number 1121-0352]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension Without Change, of a Previously Approved Collection</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Justice Programs, Department of Justice.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>30-Day notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Justice Office of Justice Programs, Bureau of Justice Assistance is submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The Department of Justice encourages public comment and will accept input until April 19, 2019.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Tom Talbot, Senior Policy Advisor, Office of Justice Programs, Bureau of Justice Assistance, 810 Seventh Street NW, Washington, DC 20531, 
                        <E T="03">Thomas.Talbot@usdoj.gov,</E>
                         O) 202-514-9482. Written comments and/or suggestions can also be sent to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention Department of Justice Desk Officer, Washington, DC 20503 or sent to 
                        <E T="03">OIRA_submissions@omb.eop.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:</P>
                <PRTPAGE P="10333"/>
                <FP SOURCE="FP-1">—Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Bureau of Justice Assistance, including whether the information will have practical utility;</FP>
                <FP SOURCE="FP-1">—Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;</FP>
                <FP SOURCE="FP-1">—Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and</FP>
                <FP SOURCE="FP-1">
                    —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    <E T="03">e.g.,</E>
                     permitting electronic submission of responses.
                </FP>
                <HD SOURCE="HD1">Overview of This Information Collection</HD>
                <P>
                    1. 
                    <E T="03">Type of Information Collection:</E>
                     Extension of a currently approved collection.
                </P>
                <P>
                    2. 
                    <E T="03">The Title of the Form/Collection:</E>
                     National Standards to Prevent, Detect, and Respond to Prison Rape (28 CFR part 115).
                </P>
                <P>
                    3. 
                    <E T="03">The agency form number:</E>
                     There is no form number associated with this information collection. The applicable component within the Department of Justice is the Bureau of Justice Assistance, in the Office of Justice Programs.
                </P>
                <P>
                    4. 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract:</E>
                     On June 20, 2012, the Department of Justice published a Final Rule to adopt national standards to prevent, detect, and respond to sexual abuse in confinement settings pursuant to the Prison Rape Elimination Act of 2003 (PREA), 34 U.S.C. 30305. These national standards, which went into effect on August 20, 2012, require covered facilities to retain certain specified information relating to sexual abuse prevention planning, responsive planning, education and training, investigations and to collect and retain certain specified information relating to allegations of sexual abuse within the facility. Covered facilities include: Federal, state, and local jails, prisons, lockups, community correction facilities, and juvenile facilities, whether administered by such government or by a private organization on behalf of such government. As the agency responsible for PREA implementation on behalf of the U.S. Department of Justice, the Bureau of Justice Assistance within the Office of Justice Programs is submitting this request to extend a currently approved collection.
                </P>
                <P>
                    5. 
                    <E T="03">An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond:</E>
                     The recordkeeping and reporting requirements established by the PREA standards are based on incidents of sexual abuse. An estimated 13,119 covered facilities nationwide are required to comply with the PREA standards. If all covered facilities were to fully comply with all of the PREA standards, the new burden hours associated with the staff time that would be required to collect and maintain the information and records required by the standards would be approximately 1.16 million in the first year of full compliance, or about 89 hours per facility.
                </P>
                <P>
                    6. 
                    <E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>
                     The estimated public burden hours associated with this collection is 1.16 million in the first year of full compliance, or about 89 hours per facility.
                </P>
                <SIG>
                    <DATED>Dated: March 14, 2019.</DATED>
                    <NAME>Melody Braswell,</NAME>
                    <TITLE>Department Clearance Officer for PRA, U.S. Department of Justice.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05182 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4410-18-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
                <SUBAGY>Office of Justice Programs</SUBAGY>
                <DEPDOC>[OJP (OJJDP) Docket No. 1755]</DEPDOC>
                <SUBJECT>Notice of Charter Renewal of the Federal Advisory Committee on Juvenile Justice</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Advisory Committee on Juvenile Justice, Department of Justice.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of charter renewal.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice that the charter of the Federal Advisory Committee on Juvenile Justice has been renewed.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Visit the website for the Federal Advisory Committee on Juvenile Justice at 
                        <E T="03">www.facjj.ojp.gov</E>
                         or contact Jeff Slowikowski, Designated Federal Official (DFO), Office of Juvenile Justice and Delinquency Prevention, by telephone at (202) 616-3646 (not a toll-free number) or via email: 
                        <E T="03">jeff.slowikowski@usdoj.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    This 
                    <E T="04">Federal Register</E>
                     notice notifies the public that the Charter of the Federal Advisory Committee on Juvenile Justice has been renewed in accordance with the Federal Advisory Committee Act, Section 14(a)(1). The renewal Charter was signed by Acting Attorney General Matt Whitaker on January 3, 2019. One can obtain a copy of the renewal Charter by accessing the Federal Advisory Committee on Juvenile Justice's website at 
                    <E T="03">www.facjj.ojp.gov.</E>
                </P>
                <SIG>
                    <NAME>Kellie Blue,</NAME>
                    <TITLE>Associate Administrator, Intervention Division, Office of Juvenile Justice and Delinquency Prevention.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05237 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4410-18-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF JUSTICE</AGENCY>
                <SUBAGY>Office of Justice Programs</SUBAGY>
                <DEPDOC>[OJP (OJJDP) Docket No. 1755]</DEPDOC>
                <SUBJECT>Notice of Charter Renewal of the Federal Advisory Committee on Juvenile Justice</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Coordinating Council on Juvenile Justice and Delinquency Prevention, Justice.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Charter Renewal.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Notice that the charter of the Federal Advisory Committee on Juvenile Justice has been renewed.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Visit the website for the Federal Advisory Committee on Juvenile Justice at 
                        <E T="03">www.facjj.ojp.gov</E>
                         or contact Jeff Slowikowski, Designated Federal Official (DFO), Office of Juvenile Justice and Delinquency Prevention, by telephone at (202) 616-3646 (not a toll-free number) or via email: 
                        <E T="03">jeff.slowikowski@usdoj.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    This 
                    <E T="04">Federal Register</E>
                     Notice notifies the public that the Charter of the Federal Advisory Committee on Juvenile Justice has been renewed in accordance with the Federal Advisory Committee Act, Section 14(a)(1). The renewal Charter was signed by Acting U.S. Attorney Matt Whitaker on January 3, 2019. One can obtain a copy of the renewal Charter by accessing the Federal Advisory Committee on Juvenile Justice's website at 
                    <E T="03">www.facjj.ojp.gov.</E>
                </P>
                <SIG>
                    <NAME>Jeffrey Slowikowski,</NAME>
                    <TITLE>Senior Advisor,  Office of Juvenile Justice and Delinquency Prevention, Designated Federal Official, Federal Advisory Committee on Juvenile Justice.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05193 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4410-18-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="10334"/>
                <AGENCY TYPE="N">NATIONAL SCIENCE FOUNDATION</AGENCY>
                <SUBJECT>Agency Information Collection Activities: Comment Request</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Science Foundation.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Submission for OMB review; comment request.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The National Science Foundation (NSF) has submitted the following information collection requirement to OMB for review and clearance under the Paperwork Reduction Act of 1995. This is the second notice for public comment. NSF is forwarding the proposed new information collection submission to the Office of Management and Budget (OMB) for clearance simultaneously with the publication of this second notice.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Suzanne H. Plimpton at (703) 292-7556 or send email to 
                        <E T="03">splimpto@nsf.gov</E>
                        . Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339, which is accessible 24 hours a day, 7 days a week, 365 days a year (including federal holidays).
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    This is the second notice for public comment; the first was published in the 
                    <E T="04">Federal Register</E>
                     at 83 FR 36629, and one comment was received. The full submission may be found at: 
                    <E T="03">http://www.reginfo.gov/public/do/PRAMain</E>
                    .
                </P>
                <P>NSF 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>
                <P>
                    <E T="03">Comments:</E>
                     On July 30, 2018, NSF published a request for public comment (83 FR 36629), and one comment was received regarding making this information collection a common form. NSF agrees, and will proceed with the request.
                </P>
                <P>
                    Comments regarding (a) 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; (b) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; or (d) 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 should be addressed to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for National Science Foundation, 725 17th Street NW, Room 10235, Washington, DC 20503, and to Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314, or send email to 
                    <E T="03">splimpto@nsf.gov</E>
                    . Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling 703-292-7556.
                </P>
                <P>
                    <E T="03">Title of Collection:</E>
                     Research Performance Progress Report.
                </P>
                <P>
                    <E T="03">OMB Approval Number:</E>
                     3145-0221.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Intent to seek approval to extend an information collection for three years.
                </P>
                <P>
                    <E T="03">Use of the Information:</E>
                     NSF developed the RPPR as a new service within 
                    <E T="03">Research.gov</E>
                    . This service replaced NSF's annual and interim project reporting capabilities which resided in the NSF FastLane System.
                </P>
                <P>
                    Information regarding NSF's implementation of the Research Performance Progress Report (RPPR) may be found at the following website: 
                    <E T="03">http://www.nsf.gov/bfa/dias/policy/rppr/index.jsp</E>
                    .
                </P>
                <P>
                    <E T="03">Burden on the Public:</E>
                     The Foundation estimates that an average of 5 hours is expended for each report submitted. An estimated 25,000 reports are expected during the course of one year for a total of 125,000 public burden hours annually.
                </P>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>Suzanne H. Plimpton,</NAME>
                    <TITLE>Reports Clearance Officer, National Science Foundation.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05265 Filed 3-19-19; 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 Physics; 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 the Division of Physics (1208)—PFC CTBP Site Visit.
                </P>
                <P>
                    <E T="03">Date and Time:</E>
                     May 15, 2019; 8:30 a.m.-7:00 p.m., May 16, 2019; 8:30 a.m.-4:00 p.m.
                </P>
                <P>
                    <E T="03">Place:</E>
                     Rice University, 6100 Main Street, Houston, TX 77251-1892.
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     Part-Open.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Jean Cottam-Allen, Program Director for Physics Frontier Centers, Division of Physics, National Science Foundation, 2415 Eisenhower Avenue, Room 9245, Alexandria, VA 22314; Telephone: (703) 292-8783.
                </P>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     Site visit to provide an evaluation of the progress of the projects at the host site for the Division of Physics at the National Science Foundation.
                </P>
                <HD SOURCE="HD1">Agenda</HD>
                <HD SOURCE="HD2">May 15, 2019; 8:30 a.m.-7:00 p.m.</HD>
                <FP SOURCE="FP-2">0830-1200 Panel Session: Presentations on Center Overview, Management and Science</FP>
                <FP SOURCE="FP-2">1200-1330 unch with Graduate Students and Postdocs</FP>
                <FP SOURCE="FP-2">1330-1600 Panel Session: Continued Science Presentations, Education and Outreach</FP>
                <FP SOURCE="FP-2">1600-1700 Executive Session—CLOSED SESSION</FP>
                <FP SOURCE="FP-2">1700-1900 Poster Session</FP>
                <FP SOURCE="FP-2">1900 Executive Session—CLOSED SESSION</FP>
                <HD SOURCE="HD2">May 16, 2019; 8:30 a.m.-4:00 p.m.</HD>
                <FP SOURCE="FP-2">0830-1100 Meeting with University Administrators; Discussion with Center Directors</FP>
                <FP SOURCE="FP-2">1100-1500 Executive Session—CLOSED SESSION</FP>
                <FP SOURCE="FP-2">1500-1600 Closeout Session with Center Directors</FP>
                <P>
                    <E T="03">Reason for Closing:</E>
                     Topics to be discussed and evaluated during closed portions of the site review will include information of a proprietary or confidential nature, including technical information and information on personnel. 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, 2019.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05225 Filed 3-19-19; 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 Physics; 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:
                    <PRTPAGE P="10335"/>
                </P>
                <P>
                    <E T="03">Name and Committee Code:</E>
                     Proposal Review Panel for the Division of Physics (1208)—PFC NANOGrav Site Visit.
                </P>
                <P>
                    <E T="03">Date and Time:</E>
                </P>
                <FP SOURCE="FP-1">April 29, 2019; 8:30 a.m.-7:00 p.m.</FP>
                <FP SOURCE="FP-1">April 30, 2019; 8:30 a.m.-4:00 p.m.</FP>
                <P>
                    <E T="03">Place:</E>
                     University of Wisconsin-Milwaukee, 3135 North Maryland Ave., Milwaukee, WI 53211.
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     Part-Open.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Jean Cottam-Allen, Program Director for Physics Frontier Centers, Division of Physics, National Science Foundation, 2415 Eisenhower Avenue, Room 9245, Alexandria, VA 22314; Telephone: (703) 292-8783.
                </P>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     Site visit to provide an evaluation of the progress of the projects at the host site for the Division of Physics at the National Science Foundation.
                </P>
                <HD SOURCE="HD1">Agenda</HD>
                <HD SOURCE="HD2">April 29, 2019; 8:30 a.m.-7:00 p.m.</HD>
                <FP SOURCE="FP-2">0830-1200 Panel Session: Presentations on Center Overview, Management and Science</FP>
                <FP SOURCE="FP-2">1200-1330 Lunch with Graduate Students and Postdocs</FP>
                <FP SOURCE="FP-2">1330-1600 Panel Session: Continued Science Presentations, Education and Outreach</FP>
                <FP SOURCE="FP-2">1600-1700 Executive Session—Closed Session</FP>
                <FP SOURCE="FP-2">1700-1900 Poster Session</FP>
                <FP SOURCE="FP-2">1900 Executive Session—Closed Session</FP>
                <HD SOURCE="HD2">April 30, 2019; 8:30 a.m.-4:00 p.m.</HD>
                <FP SOURCE="FP-2">0830-1100 Meeting with University Administrators; Discussion with Center Directors</FP>
                <FP SOURCE="FP-2">1100-1500 Executive Session—Closed Session</FP>
                <FP SOURCE="FP-2">1500-1600 Closeout Session with Center Directors</FP>
                <P>
                    <E T="03">Reason for Closing:</E>
                     Topics to be discussed and evaluated during closed portions of the site review will include information of a proprietary or confidential nature, including technical information and information on personnel. 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, 2019.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05227 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7555-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NATIONAL SCIENCE FOUNDATION</AGENCY>
                <SUBJECT>Sunshine Act Meeting; National Science Board</SUBJECT>
                <P>The National Science Board's Awards and Facilities Committee, pursuant to NSF regulations (45 CFR part 614), the National Science Foundation Act, as amended (42 U.S.C. 1862n-5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice of the scheduling of a teleconference for the transaction of National Science Board business, as follows:</P>
                <PREAMHD>
                    <HD SOURCE="HED">TIME AND DATE:</HD>
                    <P>Tuesday, March 26, 2019, from 2:00-3:00 p.m. EDT.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PLACE:</HD>
                    <P>This meeting will be held by teleconference at the National Science Foundation, 2415 Eisenhower Ave., Alexandria, VA 22314.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">STATUS:</HD>
                    <P>Closed</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">MATTERS TO BE CONSIDERED:</HD>
                    <P>The agenda of the teleconference is: Committee Chair's Opening Remarks; context item for the Leadership Computing Action.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION:</HD>
                    <P>
                        Point of contact for this meeting is: Elise Lipkowitz, 
                        <E T="03">elipkowi@nsf.gov,</E>
                         telephone: (703) 292-7000. Meeting information and updates may be found at 
                        <E T="03">http://www.nsf.gov/nsb/meetings/notices.jsp#sunshine.</E>
                         Please refer to the National Science Board website 
                        <E T="03">www.nsf.gov/nsb</E>
                         for general information.
                    </P>
                </PREAMHD>
                <SIG>
                    <NAME>Chris Blair,</NAME>
                    <TITLE>Executive Assistant to the NSB Office.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05393 Filed 3-18-19; 4:15 pm]</FRDOC>
            <BILCOD> BILLING CODE 7555-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NATIONAL SCIENCE FOUNDATION</AGENCY>
                <SUBJECT>Proposal Review Panel for Physics; 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 the Division of Physics (1208)—PFC JQI Site Visit.
                </P>
                <P>
                    <E T="03">Date and Time:</E>
                     May 2, 2019; 8:30 a.m.-7:00 p.m.
                </P>
                <P>May 3, 2019; 8:30 a.m.-4:00 p.m.</P>
                <P>
                    <E T="03">Place:</E>
                     University of Maryland-College Park, Atlantic Building—Room 2207, Maryland 20742.
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     Part-Open.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Jean Cottam-Allen, Program Director for Physics Frontier Centers, Division of Physics, National Science Foundation, 2415 Eisenhower Avenue, Room 9245, Alexandria, VA 22314; Telephone: (703) 292-8783.
                </P>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     Site visit to provide an evaluation of the progress of the projects at the host site for the Division of Physics at the National Science Foundation.
                </P>
                <HD SOURCE="HD1">Agenda</HD>
                <HD SOURCE="HD2">May 2, 2019; 8:30 a.m.-7:00 p.m.</HD>
                <FP SOURCE="FP-2">0830-1200 Panel Session: Presentations on Center Overview, Management and Science</FP>
                <FP SOURCE="FP-2">1200-1330 Lunch with Graduate Students and Postdocs</FP>
                <FP SOURCE="FP-2">1330-1600 Panel Session: Continued Science Presentations, Education and Outreach</FP>
                <FP SOURCE="FP-2">1600-1700 Executive Session—CLOSED SESSION</FP>
                <FP SOURCE="FP-2">1700-1900 Poster Session</FP>
                <FP SOURCE="FP-2">1900 Executive Session—CLOSED SESSION</FP>
                <HD SOURCE="HD2">May 3, 2019; 8:30 a.m.-4:00 p.m.</HD>
                <FP SOURCE="FP-2">0830-1100 Meeting with University Administrators</FP>
                <FP SOURCE="FP-2">  Discussion with Center Directors</FP>
                <FP SOURCE="FP-2">1100-1500 Executive Session—CLOSED SESSION</FP>
                <FP SOURCE="FP-2">1500-1600 Closeout Session with Center Directors</FP>
                <P>
                    <E T="03">Reason for Closing:</E>
                     Topics to be discussed and evaluated during closed portions of the site review will include information of a proprietary or confidential nature, including technical information and information on personnel. 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, 2019.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05226 Filed 3-19-19; 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 Physics; 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 the Division of Physics (1208)—PFC CPLC Site Visit.
                </P>
                <P>
                    <E T="03">Date and Time:</E>
                </P>
                <FP SOURCE="FP-1">April 17, 2019; 8:30 a.m.-7:00 p.m.</FP>
                <FP SOURCE="FP-1">April 18, 2019; 8:30 a.m.-4:00 p.m.</FP>
                <P>
                    <E T="03">Place:</E>
                     University of Illinois, 1110 West Green Street, Urbana, IL 61801.
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     Part-Open.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Jean Cottam-Allen, Program Director for Physics Frontier Centers, Division of Physics, National Science Foundation, 2415 Eisenhower Avenue, Room 9245, Alexandria, VA 22314; Telephone: (703) 292-8783.
                </P>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     Site visit to provide an evaluation of the progress of 
                    <PRTPAGE P="10336"/>
                    the projects at the host site for the Division of Physics at the National Science Foundation.
                </P>
                <HD SOURCE="HD1">Agenda</HD>
                <HD SOURCE="HD2">April 17, 2019; 8:30 a.m.-7:00 p.m.</HD>
                <FP SOURCE="FP-2">0830-1200 Panel Session: Presentations on Center Overview, Management and Science</FP>
                <FP SOURCE="FP-2">1200-1330 Lunch with Graduate Students and Postdocs</FP>
                <FP SOURCE="FP-2">1330-1600 Panel Session: Continued Science Presentations, Education and Outreach</FP>
                <FP SOURCE="FP-2">1600-1700 Executive Session—Closed Session</FP>
                <FP SOURCE="FP-2">1700-1900 Poster Session</FP>
                <FP SOURCE="FP-2">1900 Executive Session—Closed Session</FP>
                <HD SOURCE="HD2">April 18, 2019; 8:30 a.m.-4:00 p.m.</HD>
                <FP SOURCE="FP-2">0830-1100 Meeting with University Administrators; Discussion with Center Directors</FP>
                <FP SOURCE="FP-2">1100-1500 Executive Session—Closed Session</FP>
                <FP SOURCE="FP-2">1500-1600 Closeout Session with Center Directors</FP>
                <P>
                    <E T="03">Reason for Closing:</E>
                     Topics to be discussed and evaluated during closed portions of the site review will include information of a proprietary or confidential nature, including technical information and information on personnel. 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, 2019.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05224 Filed 3-19-19; 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 Physics; 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 the Division of Physics (1208)—PFC JINA-CEE Site Visit.
                </P>
                <P>
                    <E T="03">Date and Time:</E>
                     April 24, 2019; 8:30 a.m.-7:00 p.m., April 25, 2019; 8:30 a.m.-4:00 p.m.
                </P>
                <P>
                    <E T="03">Place:</E>
                     Michigan State University, 220 Trowbridge, East Lansing, MI 48824.
                </P>
                <P>
                    <E T="03">Type of Meeting:</E>
                     Part-Open.
                </P>
                <P>
                    <E T="03">Contact Person:</E>
                     Jean Cottam-Allen, Program Director for Physics Frontier Centers, Division of Physics, National Science Foundation, 2415 Eisenhower Avenue, Room 9245, Alexandria, VA 22314; Telephone: (703) 292-8783.
                </P>
                <P>
                    <E T="03">Purpose of Meeting:</E>
                     Site visit to provide an evaluation of the progress of the projects at the host site for the Division of Physics at the National Science Foundation.
                </P>
                <HD SOURCE="HD1">Agenda</HD>
                <HD SOURCE="HD2">April 24, 2019; 8:30 a.m.-7:00 p.m.</HD>
                <FP SOURCE="FP-2">0830-1200 Panel Session: Presentations on Center Overview, Management and Science</FP>
                <FP SOURCE="FP-2">1200-1330 Lunch with Graduate Students and Postdocs</FP>
                <FP SOURCE="FP-2">1330-1600 Panel Session: Continued Science Presentations, Education and Outreach</FP>
                <FP SOURCE="FP-2">1600-1700 Executive Session—CLOSED SESSION</FP>
                <FP SOURCE="FP-2">1700-1900 Poster Session</FP>
                <FP SOURCE="FP-2">1900 Executive Session—CLOSED SESSION</FP>
                <HD SOURCE="HD2">April 25, 2019; 8:30 a.m.—4:00 p.m.</HD>
                <FP SOURCE="FP-2">0830-1100 Meeting with University Administrators; Discussion with Center Directors</FP>
                <FP SOURCE="FP-2">1100-1500 Executive Session—CLOSED SESSION</FP>
                <FP SOURCE="FP-2">1500-1600 Closeout Session with Center Directors</FP>
                <P>
                    <E T="03">Reason for Closing:</E>
                     Topics to be discussed and evaluated during closed portions of the site review will include information of a proprietary or confidential nature, including technical information and information on personnel. 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, 2019.</DATED>
                    <NAME>Crystal Robinson,</NAME>
                    <TITLE>Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05228 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7555-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[NRC-2019-0068]</DEPDOC>
                <SUBJECT>Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and the Florida Department of Health</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Memorandum of understanding; issuance.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice is to advise the public of the issuance of a Memorandum of Understanding (MOU) between the U.S. Nuclear Regulatory Commission (NRC) and the Florida Department of Health (FDOH), an agency of the State of Florida. The MOU provides the basis for mutually agreeable procedures whereby the Florida Department of Health may utilize the NRC Emergency Response Data System (ERDS) to receive data from a commercial nuclear power plant, for which any part of the plant's 10-mile Emergency Planning Zone lies within the State of Florida.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The final MOU is available on March 20, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Please refer to Docket ID NRC-2019-0068 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">http://www.regulations.gov</E>
                         and search for Docket ID NRC-2019-0068. Address questions about NRC dockets IDs in 
                        <E T="03">Regulations.gov</E>
                         to Jennifer Borges; telephone: 301-287-9127; email: 
                        <E T="03">Jennifer.Borges@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 Document collection at 
                        <E T="03">https://www.nrc.gov/reading-rm/adams.html.</E>
                         To begin the search, select “Begin Web-based ADAMS Search
                        <E T="03">.”</E>
                         For problems with ADAMS, contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to 
                        <E T="03">pdr.resource@nrc.gov.</E>
                         The Memorandum of Understanding is available under ADAMS Accession No. ML18073A354.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's PDR:</E>
                         You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Bezakulu Alemu, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-287-3731, email: 
                        <E T="03">Bezakulu.Alemu@nrc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The MOU defines the way in which the NRC and FDOH intend to cooperate in planning and maintaining the capability to transfer reactor plant data via ERDS. The ERDS data will be transmitted to the State of Florida only during emergencies classified at the Alert level or above, during scheduled tests, or during plant exercises when the data is available.</P>
                <P>
                    The NRC and the FDOH are entering into the MOU under the authority of Section 274i of the Atomic Energy Act of 1954, as amended. The State of 
                    <PRTPAGE P="10337"/>
                    Florida recognizes the Federal government, primarily the NRC, as having the exclusive authority and responsibility to regulate the radiological and national security aspects of the construction and operation of nuclear production or utilization facilities under the Atomic Energy Act of 1954, as amended, except for certain authority over air emissions granted to States by the Clean Air Act. Nothing in the MOU is intended to restrict or expand the scope of regulatory authority of either the NRC or the State of Florida.
                </P>
                <SIG>
                    <DATED>Dated at Rockville, Maryland this 15th day of March 2019.</DATED>
                    <P>For the U.S. Nuclear Regulatory Commission.</P>
                    <NAME>Silas R. Kennedy,</NAME>
                    <TITLE>Chief, Operations Branch, Division of Preparedness and Response, Office of Nuclear Security and Incident Response.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Attachment—Memorandum of Understanding Pertaining to the Emergency Response Data System Between the U.S. Nuclear Regulatory Commission and the Florida Department of Health</HD>
                <HD SOURCE="HD1">Memorandum of Understanding Pertaining to the Emergency Response Data System Between the U.S. Nuclear Regulatory Commission and the Florida Department of Health</HD>
                <HD SOURCE="HD1">I. Authority</HD>
                <P>The U.S. Nuclear Regulatory Commission (NRC) and the Florida Department of Health (FDOH), an agency of the State of Florida, enter into this Memorandum of Understanding (MOU) under the authority of Section 274i of the Atomic Energy Act of 1954, as amended. The State of Florida recognizes the Federal government, primarily the NRC, as having the exclusive authority and responsibility to regulate the radiological and national security aspects of the construction and operation of nuclear production or utilization facilities under the Atomic Energy Act of 1954, as amended, except for certain authority over air emissions granted to States by the Clean Air Act. Nothing in this MOU is intended to restrict or expand the scope of regulatory authority of either the NRC or the State of Florida.</P>
                <P>In the State of Florida, FDOH, through its Bureau of Radiation Control (BRC), is the State radiation control agency and implements the program regulating sources of radiation, not otherwise regulated by the NRC, for the protection of public health and safety. The Florida Division of Emergency Management (FDEM) administers emergency services and disaster preparedness programs in the State of Florida.</P>
                <HD SOURCE="HD1">II. Background</HD>
                <P>A. The Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended, authorize the NRC to license and regulate, among other activities, the manufacture, construction, and operation of utilization facilities (nuclear power plants) in order to assure common defense and security and to protect the public health and safety. Under these statutes, the NRC is the agency responsible for regulating nuclear power plant safety and security.</P>
                <P>
                    B. The NRC's mission to protect public health and safety can be served by a policy of cooperation with State governments and has formally adopted a policy statement on “Cooperation with States at Commercial Nuclear Power Plants and Other Nuclear Production or Utilization Facilities” (54 
                    <E T="04">Federal Register</E>
                     7530, February 25, 1992). The policy statement provides that the NRC will consider State proposals to enter into instruments of cooperation for certain programs when these programs have provisions to ensure close cooperation with the NRC. This MOU is intended to be consistent with, and implement the provisions of, the NRC's policy statement.
                </P>
                <P>C. The NRC fulfills its statutory mandate to regulate nuclear power plant safety by, among other things, monitoring the status of power reactor facilities and assessing the adequacy of licensees' responses to emergency situations.</P>
                <P>D. The State of Florida fulfills, through FDOH, its statutory mandate to provide for preparedness, response, mitigation, and recovery in the event of an accident at a nuclear power plant through its statutes located in sections 252.60 and 404.051, Florida Statutes.</P>
                <HD SOURCE="HD1">III. Scope</HD>
                <P>A. This MOU defines the way in which the NRC and FDOH intend to cooperate in planning and maintaining the capability to transfer reactor plant data via the Emergency Response Data System (ERDS) during emergencies at commercial nuclear power plants that have implemented an ERDS interface, and for which any portion of the plant's 10-mile emergency planning zone (EPZ) lies within the State of Florida.</P>
                <P>B. It is understood by the NRC and FDOH that ERDS data will only be transmitted to the State of Florida during emergencies classified at the Alert level or above, during scheduled tests, or during exercises when available.</P>
                <P>C. Nothing in this MOU is intended to restrict or expand the statutory authority of the NRC, the State of Florida, FDOH, or FDEM, or to affect or otherwise alter the terms of any agreement in effect under the authority of Section 274b of the Atomic Energy Act of 1954, as amended; nor is anything in this MOU intended to restrict or expand the authority of the State of Florida, FDOH, or FDEM, on matters not within the scope of this MOU.</P>
                <P>D. Nothing in this MOU confers upon the State of Florida, FDOH, or FDEM, the authority to (1) interpret or modify NRC regulations and NRC requirements imposed on the licensee; (2) take enforcement actions; (3) issue confirmatory letters; (4) amend, modify, or revoke a license issued by the NRC; or (5) direct or recommend nuclear power plant employees to take, or not take, any action. Authority for all such actions is reserved exclusively to the NRC.</P>
                <P>E. This MOU does not confer any binding obligation or right of action on either party. This MOU does not obligate any funds and is subject to the availability of appropriated funds.</P>
                <HD SOURCE="HD1">IV. NRC's General Responsibilities</HD>
                <P>Under this MOU, the NRC will maintain ERDS. ERDS is a system designed to receive, store, and retransmit data from in-plant data systems at nuclear power plants during emergencies. The NRC will provide the State of Florida up to 10 digital certificates for use by designated personnel within the BRC in accessing ERDS data during emergencies at nuclear power plants that have implemented an ERDS interface, and for which any portion of a plant's 10-mile EPZ lies within the State of Florida. The NRC reserves the right to revoke digital certificates at any time.</P>
                <HD SOURCE="HD1">V. FDOH General Responsibilities</HD>
                <P>A. FDOH, through its BRC, will, in cooperation with the NRC, establish a capability to receive ERDS data. To this end, FDOH will provide the necessary computer hardware and commercially licensed software required for ERDS data transfer to users.</P>
                <P>B. FDOH will provide the NRC with an initial, and periodically updated, list of designated persons serving as holders of ERDS digital certificates.</P>
                <P>C. FDOH will use ERDS only to access data, at the Alert level or higher, from nuclear power plants for which all or a portion of the 10-mile EPZ falls within the boundaries of the State of Florida.</P>
                <P>
                    D. For the purpose of minimizing the impact on plant operators, the State of 
                    <PRTPAGE P="10338"/>
                    Florida will seek clarification of ERDS data through the NRC.
                </P>
                <HD SOURCE="HD1">VI. Implementation</HD>
                <P>A. FDOH and the NRC agree to work in concert to assure that the following communications and information exchange protocol regarding ERDS are followed:</P>
                <P>a. FDOH and the NRC agree in good faith to make available to each other information within the intent and scope of this MOU.</P>
                <P>b. The NRC and FDOH agree to meet as necessary to exchange information on matters of common concern pertinent to this MOU. Unless otherwise agreed, such meetings will be held in the NRC Headquarters Operations Center. The affected utilities will be kept informed of pertinent information covered by this MOU.</P>
                <P>
                    c. The NRC will protect sensitive information to the extent permitted by the Freedom of Information Act, 5 U.S.C. 552, Title 10 of the 
                    <E T="03">Code of Federal Regulations,</E>
                     Section 2.390, and all other applicable authority. FDOH and its BRC will protect sensitive information to the extent permitted by Chapter 119, Florida Statutes, and all other applicable authority.
                </P>
                <P>d. The NRC will conduct periodic tests of licensee ERDS data links. The NRC will provide a copy of the test schedule to the FDOH through its BRC. The BRC may test its ability to access ERDS data during these scheduled tests, or may schedule independent tests of the State link with the NRC.</P>
                <P>e. The NRC will provide FDOH with access to ERDS for emergency exercises at nuclear power plants that have implemented an ERDS interface, for which any portion of a plant's 10-mile EPZ lies within the State of Florida, and that are capable of transmitting exercise data to ERDS. For exercises in which the NRC is not participating, the FDOH, through its BRC, will coordinate with the NRC in advance to ensure ERDS availability. The NRC reserves the right to preempt ERDS use for any exercise in progress in the event of an actual event at any licensed nuclear power plant.</P>
                <HD SOURCE="HD1">VII. Contacts</HD>
                <P>A. The principal senior management contacts for this MOU will be the Director, Division of Preparedness and Response (DPR), Office of Nuclear Security and Incident Response (NSIR) for the NRC, and the Chief, Bureau of Radiation Control, for FDOH. These individuals may designate appropriate staff representatives for the purpose of administering this MOU.</P>
                <P>B. Identification of these contacts is not intended to restrict communication between the NRC and FDOH staff members, in particular those within the BRC, on technical and other day-to-day activities.</P>
                <HD SOURCE="HD1">VIII. Resolution of Disagreements</HD>
                <P>A. If disagreements arise about matters within the scope of this MOU, the NRC and FDOH will work together in good faith to resolve these differences.</P>
                <P>B. Differences between FDOH and the NRC staff over issues arising out of this MOU will, if they cannot be resolved in accordance with Section VIII.A, be resolved by the Director of the NRC's DPR, NSIR.</P>
                <P>C. Differences which cannot be resolved in accordance with Sections VIII.A and VIII.B will be reviewed and resolved by the Director of NRC's NSIR.</P>
                <P>D. The NRC's General Counsel has the final authority to provide legal interpretation of the Commission's regulations.</P>
                <HD SOURCE="HD1">IX. Effective Date</HD>
                <P>This MOU will take effect after it has been signed by both parties, and will remain in effect until terminated by either party.</P>
                <HD SOURCE="HD1">X. Duration</HD>
                <P>A formal review, not less than 1 year after the effective date, will be performed by FDOH to evaluate implementation of the MOU. This MOU will be subject to periodic reviews every 3 years and may be amended or modified upon written agreement by both parties, and may be terminated upon 30 days written notice by either party.</P>
                <HD SOURCE="HD1">XI. Separability</HD>
                <P>If any provision(s) of this MOU, or the application of any provision(s) to any person or circumstances is held invalid, the remainder of this MOU and the application of such provisions to other persons or circumstances will not be affected.</P>
                <EXTRACT>
                    <P>For the U.S. Nuclear Regulatory Commission.</P>
                    <P>Dated: November 2, 2018.</P>
                    <FP>Margaret M. Doane,</FP>
                    <FP>
                        <E T="03">Executive Director for Operations.</E>
                    </FP>
                    <P>For the State of Florida, Florida Department of Health.</P>
                    <P>Dated: November 14, 2018.</P>
                    <FP>Douglas Woodlief,</FP>
                    <FP>
                        <E T="03">Interim Division Director, Division of Emergency Preparedness &amp; Community Support.</E>
                    </FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05229 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[NRC-2019-0069]</DEPDOC>
                <SUBJECT>Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and the Mississippi State Department of Health</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Memorandum of understanding; issuance.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice is to advise the public of the issuance of a Memorandum of Understanding (MOU) between the U.S. Nuclear Regulatory Commission (NRC) and the Mississippi State Department of Health (MSDH), an agency of the State of Mississippi. The MOU provides the basis for mutually agreeable procedures whereby the Mississippi State Department of Health may utilize the NRC Emergency Response Data System (ERDS) to receive data from a commercial nuclear power plant, for which any part of the plant's 10-mile Emergency Planning Zone lies within the State of Mississippi.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The final MOU is available on March 20, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Please refer to Docket ID NRC-2019-0069 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">http://www.regulations.gov</E>
                         and search for Docket ID NRC-2019-0069. Address questions about NRC dockets IDs in 
                        <E T="03">Regulations.gov</E>
                         to Jennifer Borges; telephone: 301-287-9127; email: 
                        <E T="03">Jennifer.Borges@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 Document 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, contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to 
                        <E T="03">pdr.resource@nrc.gov.</E>
                         The Memorandum of Understanding is available under ADAMS Accession No. ML17334A203.
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's PDR:</E>
                         You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
                    </P>
                </ADD>
                <FURINF>
                    <PRTPAGE P="10339"/>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Bezakulu Alemu, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-287-3731, email: 
                        <E T="03">Bezakulu.Alemu@nrc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The MOU defines the way in which the NRC and MSDH intend to cooperate in planning and maintaining the capability to transfer reactor plant data via ERDS. The ERDS data will be transmitted to the State of Mississippi only during emergencies classified at the Alert level or above, during scheduled tests, or during plant exercises when the data is available.</P>
                <P>The NRC and the MSDH are entering into the MOU under the authority of Section 274i of the Atomic Energy Act of 1954, as amended. The State of Mississippi recognizes the Federal government, primarily the NRC, as having the exclusive authority and responsibility to regulate the radiological and national security aspects of the construction and operation of nuclear production or utilization facilities under the Atomic Energy Act of 1954, as amended, except for certain authority over air emissions granted to States by the Clean Air Act. Nothing in the MOU is intended to restrict or expand the scope of regulatory authority of either the NRC or the State of Mississippi.</P>
                <SIG>
                    <DATED>Dated at Rockville, Maryland this 15th day of March 2019.</DATED>
                    <P>For the U.S. Nuclear Regulatory Commission.</P>
                    <NAME>Silas R. Kennedy,</NAME>
                    <TITLE> Chief, Operations Branch, Division of Preparedness and Response, Office of Nuclear Security and Incident Response.</TITLE>
                </SIG>
                <HD SOURCE="HD1">Attachment—Memorandum of Understanding Pertaining to the Emergency Response Data System Between the U.S. Nuclear Regulatory Commission and the Mississippi State Health Department</HD>
                <HD SOURCE="HD1">Memorandum of Understanding Pertaining to the Emergency Response Data System Between the U.S. Nuclear Regulatory Commission and the Mississippi State Department of Health</HD>
                <HD SOURCE="HD1">I. Authority</HD>
                <P>The U.S. Nuclear Regulatory Commission (NRC) and the Mississippi State Department of Health (MSDH), an agency of the State of Mississippi, enter into this Memorandum of Understanding (MOU) under the authority of Section 274i of the Atomic Energy Act of 1954, as amended.</P>
                <P>The State of Mississippi recognizes the Federal government, primarily the NRC, as having the exclusive authority and responsibility to regulate the radiological and national security aspects of the construction and operation of nuclear production or utilization facilities under the Atomic Energy Act of 1954, as amended, except for certain authority over air emissions granted to States by the Clean Air Act. Nothing in this MOU is intended to restrict or expand the scope of regulatory authority of either the NRC or the State of Mississippi.</P>
                <P>In the State of Mississippi, MSDH, through its Division of Radiological Health (DRH), is the State radiation control agency and implements the program regulating sources of radiation, not otherwise regulated by the NRC, for the protection of public health and safety. The Mississippi Emergency Management Agency (MEMA) administers emergency services and disaster preparedness programs in the State of Mississippi.</P>
                <HD SOURCE="HD1">II. Background</HD>
                <P>A. The Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended, authorize the NRC to license and regulate, among other activities, the manufacture, construction, and operation of utilization facilities (nuclear power plants) in order to assure common defense and security and to protect the public health and safety. Under these statutes, the NRC is the agency responsible for regulating nuclear power plant safety and security.</P>
                <P>B. The NRC's mission to protect public health and safety can be served by a policy of cooperation with State governments and has formally adopted a policy statement on “Cooperation with States at Commercial Nuclear Power Plants and Other Nuclear Production or Utilization Facilities” (54 Federal Register 7530, February 25, 1992). The policy statement provides that the NRC will consider State proposals to enter into instruments of cooperation for certain programs when these programs have provisions to ensure close cooperation with the NRC. This MOU is intended to be consistent with, and implement the provisions of, the NRC's policy statement.</P>
                <P>C. The NRC fulfills its statutory mandate to regulate nuclear power plant safety by, among other things, monitoring the status of power reactor facilities and assessing the adequacy of licensees' responses to emergency situations.</P>
                <P>D. The State of Mississippi fulfills, through MEMA, its statutory mandate to provide for preparedness, response, mitigation, and recovery in the event of an accident at a nuclear power plant through its statutes located in Mississippi Code Ann. § 33-15 (1972).</P>
                <HD SOURCE="HD1">III. Scope</HD>
                <P>A. This MOU defines the way in which the NRC and MSDH intend to cooperate in planning and maintaining the capability to transfer reactor plant data via the Emergency Response Data System (ERDS) during emergencies at commercial nuclear power plants that have implemented an ERDS interface, and for which any portion of the plant's 10-mile emergency planning zone (EPZ) lies within the State of Mississippi.</P>
                <P>B. It is understood by the NRC and MSDH that ERDS data will only be transmitted to the State of Mississippi during emergencies classified at the Alert level or above, during scheduled tests, or during exercises when available.</P>
                <P>C. Nothing in this MOU is intended to restrict or expand the statutory authority of the NRC, the State of Mississippi, MSDH, or MEMA, or to affect or otherwise alter the terms of any agreement in effect under the authority of Section 274b of the Atomic Energy Act of 1954, as amended; nor is anything in this MOU intended to restrict or expand the authority of the State of Mississippi, MSDH, or MEMA, on matters not within the scope of this MOU.</P>
                <P>D. Nothing in this MOU confers upon the State of Mississippi, MSDH, or MEMA, the authority to (1) interpret or modify NRC regulations and NRC requirements imposed on the licensee; (2) take enforcement actions; (3) issue confirmatory letters; (4) amend, modify, or revoke a license issued by the NRC; or (5) direct or recommend nuclear power plant employees to take, or not take, any action. Authority for all such actions is reserved exclusively to the NRC.</P>
                <P>E. This MOU does not confer any binding obligation or right of action on either party. This MOU does not obligate any funds and is subject to the availability of appropriated funds.</P>
                <HD SOURCE="HD1">IV. NRC's General Responsibilities</HD>
                <P>
                    Under this MOU, the NRC will maintain ERDS. ERDS is a system designed to receive, store, and retransmit data from in-plant data systems at nuclear power plants during emergencies. The NRC will provide the State of Mississippi up to 10 digital certificates for use by designated personnel within the MSDH and MEMA in accessing ERDS data during emergencies at nuclear power plants that have implemented an ERDS interface and for which any portion of a plant's 10-mile EPZ lies within the 
                    <PRTPAGE P="10340"/>
                    State of Mississippi. The NRC reserves the right to revoke digital certificates at any time.
                </P>
                <HD SOURCE="HD1">V. MSDH General Responsibilities</HD>
                <P>A. MSDH, through its DRH, will, in cooperation with the NRC, establish a capability to receive ERDS data. To this end, MSDH will provide the necessary computer hardware and commercially licensed software required for ERDS data transfer to users.</P>
                <P>B. MSDH will provide the NRC with an initial, and periodically updated, list of designated persons serving as holders of ERDS digital certificates.</P>
                <P>C. MSDH will use ERDS only to access data, at the Alert level or higher, from nuclear power plants for which all or a portion of the 10-mile EPZ falls within the boundaries of the State of Mississippi.</P>
                <P>D. For the purpose of minimizing the impact on plant operators, the State of Mississippi will seek clarification of ERDS data through the NRC.</P>
                <HD SOURCE="HD1">VI. Implementation</HD>
                <P>A. MSDH and the NRC agree to work in concert to assure that the following communications and information exchange protocol regarding ERDS are followed:</P>
                <P>a. MSDH and the NRC agree in good faith to make available to each other information within the intent and scope of this MOU.</P>
                <P>b. The NRC and MSDH agree to meet as necessary to exchange information on matters of common concern pertinent to this MOU. Unless otherwise agreed, such meetings will be held in the NRC Headquarters Operations Center. The affected utilities will be kept informed of pertinent information covered by this MOU.</P>
                <P>
                    c. The NRC will protect sensitive information to the extent permitted by the Freedom of Information Act, 5 U.S.C. 552, Title 10 of the 
                    <E T="03">Code of Federal Regulations,</E>
                     Section 2.390, and all other applicable authority. MSDH and its DRH will protect sensitive information to the extent permitted by the Mississippi Freedom of Information Act Mississippi Code Ann. § 25-61, and all other applicable authority.
                </P>
                <P>d. The NRC will conduct periodic tests of licensee ERDS data links. The NRC will provide a copy of the test schedule to the MSDH through its DRH. The DRH may test its ability to access ERDS data during these scheduled tests, or may schedule independent tests of the State link with the NRC.</P>
                <P>e. The NRC will provide MSDH with access to ERDS for emergency exercises at nuclear power plants that have implemented an ERDS interface, for which any portion of a plant's 10-mile EPZ lies within the State of Mississippi, and that are capable of transmitting exercise data to ERDS. For exercises in which the NRC is not participating, the MSDH, through its DRH, will coordinate with the NRC in advance to ensure ERDS availability. The NRC reserves the right to preempt ERDS use for any exercise in progress in the event of an actual event at any licensed nuclear power plant.</P>
                <HD SOURCE="HD1">VII. Contacts</HD>
                <P>A. The principal senior management contacts for this MOU will be the Director, Division of Preparedness and Response (DPR), Office of Nuclear Security and Incident Response (NSIR) for the NRC, and the Director, Division of Radiological Health, for MSDH. These individuals may designate appropriate staff representatives for the purpose of administering this MOU.</P>
                <P>B. Identification of these contacts is not intended to restrict communication between the NRC and MSDH staff members, in particular those within the DRH, on technical and other day-to-day activities.</P>
                <HD SOURCE="HD1">VIII. Resolution of Disagreements</HD>
                <P>A. If disagreements arise about matters within the scope of this MOU, the NRC and MSDH will work together to resolve these differences.</P>
                <P>B. Differences between MSDH and the NRC staff over issues arising out of this MOU will, if they cannot be resolved in accordance with Section VIII.A, be resolved by the Director of the NRC's DPR, NSIR.</P>
                <P>C. Differences which cannot be resolved in accordance with Sections VIII.A and VIII.B will be reviewed and resolved by the Director of NRC's NSIR.</P>
                <P>D. The NRC's General Counsel has the final authority to provide legal interpretation of the Commission's regulations.</P>
                <HD SOURCE="HD1">IX. Effective Date</HD>
                <P>This MOU will take effect after it has been signed by both parties.</P>
                <HD SOURCE="HD1">X. Duration</HD>
                <P>This MOU will be subject to periodic reviews and may be amended or modified upon written agreement by both parties, and may be terminated upon 30 days written notice by either party.</P>
                <HD SOURCE="HD1">XI. Separability</HD>
                <P>If any provision(s) of this MOU, or the application of any provision(s) to any person or circumstances is held invalid, the remainder of this MOU and the application of such provisions to other persons or circumstances will not be affected.</P>
                <EXTRACT>
                    <FP>For the U.S. Nuclear Regulatory Commission</FP>
                    <FP>Dated: November 2, 2018.</FP>
                    <FP>Margaret M. Doane,</FP>
                    <FP>
                        <E T="03">Executive Director for Operations.</E>
                    </FP>
                    <FP>For the State of Mississippi, Mississippi State Department of Health</FP>
                    <FP>Dated: January 11, 2019.</FP>
                    <FP>Thomas E. Dobbs III, MD, MPH,</FP>
                    <FP>
                        <E T="03">State Health Officer</E>
                        .
                    </FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05230 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[NRC-2019-0045]</DEPDOC>
                <SUBJECT>Information Collection: Survey of NRC Materials Licensees To Support Rulemaking for NRC's Small Entity Size Standards</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Proposed information collection; request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Nuclear Regulatory Commission (NRC) invites public comment on this proposed collection of information. The information collection is entitled, “Survey of NRC Materials Licensees to Support Rulemaking for NRC's Small Entity Size Standards.”</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments by May 20, 2019. 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:</P>
                    <P>
                        • 
                        <E T="03">Federal Rulemaking Website:</E>
                         Go to 
                        <E T="03">http://www.regulations.gov</E>
                         and search for Docket ID 
                        <E T="03">NRC-2019-0045.</E>
                         Address questions about NRC dockets IDs in 
                        <E T="03">Regulations.gov</E>
                         to Jennifer Borges; telephone: 301-287-9127; email: 
                        <E T="03">Jennifer.Borges@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>
                         David Cullison, Office of the Chief Information Officer, Mail Stop: T-6 A10M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
                    </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>
                        David Cullison, Office of the Chief 
                        <PRTPAGE P="10341"/>
                        Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: 
                        <E T="03">Infocollects.Resource@nrc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Obtaining Information and Submitting Comments</HD>
                <HD SOURCE="HD2">A. Obtaining Information</HD>
                <P>
                    Please refer to Docket ID 
                    <E T="03">NRC-2019-0045</E>
                     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">http://www.regulations.gov</E>
                     and search for Docket ID 
                    <E T="03">NRC-2019-0045.</E>
                     A copy of the collection of information and related instructions may be obtained without charge by accessing Docket ID 
                    <E T="03">NRC-2019-0045</E>
                     on this website.
                </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 Document collection at 
                    <E T="03">https://www.nrc.gov/reading-rm/adams.html.</E>
                     To begin the search, select “Begin Web-based ADAMS Search
                    <E T="03">.”</E>
                     For problems with ADAMS, contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to 
                    <E T="03">pdr.resource@nrc.gov.</E>
                     A copy of the collection of information and related instructions may be obtained without charge by accessing ADAMS Accession No. ML19058A132. The supporting statement and title of document is Survey of NRC Materials Licensees to Support Rulemaking for NRC's Small Entity Size Standards are available in ADAMS under Accession No. ML19058A130.
                </P>
                <P>
                    • 
                    <E T="03">NRC's PDR:</E>
                     You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
                </P>
                <P>
                    • 
                    <E T="03">NRC's Clearance Officer:</E>
                     A copy of the collection of information and related instructions may be obtained without charge by contacting NRC's Clearance Officer, David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: 
                    <E T="03">Infocollects.Resource@nrc.gov.</E>
                </P>
                <HD SOURCE="HD2">B. Submitting Comments</HD>
                <P>
                    Please include Docket ID 
                    <E T="03">NRC-2019-0045</E>
                     in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket.
                </P>
                <P>
                    The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at 
                    <E T="03">http://www.regulations.gov</E>
                     as well as enter the comment submissions into ADAMS, and 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>In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the NRC is requesting public comment on its intention to request the OMB's approval for the information collection summarized below.</P>
                <P>
                    1. 
                    <E T="03">The title of the information collection:</E>
                     Survey of NRC materials licensees to support rulemaking for NRC's small entity size standards.
                </P>
                <P>
                    2. 
                    <E T="03">OMB approval number:</E>
                     An OMB control number has not yet been assigned to this proposed information collection.
                </P>
                <P>
                    3. 
                    <E T="03">Type of submission:</E>
                     New.
                </P>
                <P>
                    4. 
                    <E T="03">The form number, if applicable:</E>
                     Not applicable.
                </P>
                <P>
                    5. 
                    <E T="03">How often the collection is required or requested:</E>
                     Once.
                </P>
                <P>
                    6. 
                    <E T="03">Who will be required or asked to respond:</E>
                     Current materials users licensees.
                </P>
                <P>
                    7. 
                    <E T="03">The estimated number of annual responses:</E>
                     457.
                </P>
                <P>
                    8. 
                    <E T="03">The estimated number of annual respondents:</E>
                     457.
                </P>
                <P>
                    9. 
                    <E T="03">The estimated number of hours needed annually to comply with the information collection requirement or request:</E>
                     151 hours.
                </P>
                <P>
                    10. 
                    <E T="03">Abstract:</E>
                     The NRC has its own standards for categorizing small business size entities that are noted in section 2.810 of title 10 of the 
                    <E T="03">Code of Federal Regulations,</E>
                     “NRC size standards.” The agency's standards differ from those used by the Small Business Administration (SBA) because it is difficult to align NRC licensees with Small Business Administration size standards and the Omnibus Budget Reconciliations Act of 1990 requirement for NRC to recover 90 percent of the annual budget through fees. Since the agency has not surveyed its materials licensees since 1993, the staff will conduct a survey to gather financial data to determine if a change to the size standards is needed. Without conducting a survey, the NRC staff does not have the data needed to determine the impact of shifting from the current nuclear industry-specific standards. The results of the analysis will be used to provide a recommendation to the Commission that is backed with sound empirical data.
                </P>
                <HD SOURCE="HD1">III. Specific Requests for Comments</HD>
                <P>The NRC is seeking comments that address the following questions:</P>
                <P>1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility?</P>
                <P>2. Is the estimate of the burden of the information collection accurate?</P>
                <P>3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?</P>
                <P>4. How can the burden of the information collection on respondents be minimized, including the use of automated collection techniques or other forms of information technology?</P>
                <SIG>
                    <DATED>Dated at Rockville, Maryland, this 14th day of March 2019.</DATED>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <NAME>Kristen E. Benney,</NAME>
                    <TITLE>Acting NRC Clearance Officer, Office of the Chief Information Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05185 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[NRC-2018-0145]</DEPDOC>
                <SUBJECT>Branch Technical Position 5-3, Fracture Toughness Requirements</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Nuclear Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Standard review plan-final section revision; issuance.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to Branch Technical Position (BTP) 5-3, “Fracture Toughness Requirements,” of NUREG-0800, “Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.”</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>March 20, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Please refer to Docket ID NRC-2018-0145 when contacting the 
                        <PRTPAGE P="10342"/>
                        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">http://www.regulations.gov</E>
                         and search for Docket ID NRC-2018-0145. Address questions about NRC docket IDs in 
                        <E T="03">Regulations.gov</E>
                         to Krupskaya Castellon; telephone: 301-287-9221; email: 
                        <E T="03">Krupskaya.Castellon@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 Document 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, contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to 
                        <E T="03">pdr.resource@nrc.gov.</E>
                    </P>
                    <P>
                        • 
                        <E T="03">NRC's PDR:</E>
                         You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mark D. Notich, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3053, email: 
                        <E T="03">Mark.Notich@nrc.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">I. Background</HD>
                <P>On July 13, 2018 (83 FR 32690), the NRC published for public comment a proposed revision of BTP 5-3, “Fracture Toughness Requirements,” of NUREG-0800, “Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.” On September 20, 2018 (83 FR 47647), the NRC reopened the public comment period on this document for 30 days to allow more time for members of the public to review additional revisions that the NRC made to BTP 5-3 since the draft was issued on July 13, 2018, and to assemble and submit their comments. The public comment period closed on October 22, 2018. A summary of comments received and the NRC staff's disposition of the comments are available in a separate document, “Response to Public Comments on Draft SRP BTP 5-3, “Fracture Toughness Requirements,” (ADAMS Accession No. ML18338A517).</P>
                <HD SOURCE="HD1">II. Backfitting and Issue Finality</HD>
                <P>Chapter 5 of the SRP provides guidance to the staff for reviewing reactor coolant and connected systems information included in licensing applications. BTP 5-3 of the SRP provides guidance for the review of information addressing piping systems and components.</P>
                <P>
                    Issuance of this SRP section revision does not constitute backfitting as defined in section 50.109 (the Backfit Rule) of the 
                    <E T="03">Code of Federal Regulations</E>
                     (10 CFR) nor is it inconsistent with the issue finality provisions in 10 CFR part 52. The NRC's position is based upon the following considerations.
                </P>
                <P>
                    1. 
                    <E T="03">The SRP positions do not constitute backfitting, inasmuch as the SRP is guidance directed to the NRC staff with respect to its regulatory responsibilities.</E>
                </P>
                <P>The SRP provides guidance to the NRC staff on how to review an application for NRC regulatory approval in the form of licensing. Changes in guidance intended for use by only the staff are not matters that constitute backfitting as that term is defined in 10 CFR 50.109(a)(1) or involve the issue finality provisions of 10 CFR part 52.</P>
                <P>
                    2. 
                    <E T="03">Backfitting and issue finality—with certain exceptions discussed below—do not apply to current or future applicants.</E>
                </P>
                <P>Applicants and potential applicants are not, with certain exceptions, the subject of either the Backfit Rule or any issue finality provisions under 10 CFR part 52. This is because neither the Backfit Rule nor the issue finality provisions of 10 CFR part 52 were intended to apply to every NRC action that substantially changes the expectations of current and future applicants.</P>
                <P>
                    The exceptions to the general principle are applicable whenever a 10 CFR part 50 operating license applicant references a construction permit or a 10 CFR part 52 combined license applicant references a license (
                    <E T="03">e.g.,</E>
                     an early site permit) and/or an NRC regulatory approval (
                    <E T="03">e.g.,</E>
                     a design certification rule) for which specified issue finality provisions apply.
                </P>
                <P>The NRC staff does not currently intend to impose the positions represented in this final SRP section in a manner that constitutes backfitting or is inconsistent with any issue finality provision of 10 CFR part 52. If in the future the NRC staff seeks to impose positions stated in this SRP section in a manner that would constitute backfitting or be inconsistent with these issue finality provisions, the NRC staff must make the showing as set forth in the Backfit Rule or address the regulatory criteria set forth in the applicable issue finality provision, as applicable, that would allow the staff to impose the position.</P>
                <P>
                    3. 
                    <E T="03">The NRC staff has no intention to impose the SRP positions on existing nuclear power plant licensees either now or in the future (absent a voluntary request for a change from the licensee, holder of a regulatory approval or a design certification applicant).</E>
                </P>
                <P>
                    The staff does not intend to impose or apply the positions described in this final SRP section to existing (already issued) licenses (
                    <E T="03">e.g.,</E>
                     operating licenses and combined licenses) and regulatory approvals. Hence, the issuance of this SRP guidance—even if considered guidance subject to the Backfit Rule or the issue finality provisions in 10 CFR part 52—would not need to be evaluated as if it were a backfit or as being inconsistent with issue finality provisions. If, in the future, the NRC staff seeks to impose a position in the SRP on holders of already issued licenses in a manner that would constitute backfitting or does not provide issue finality as described in the applicable issue finality provision, then the staff must make a showing as set forth in the Backfit Rule or address the criteria set forth in the applicable issue finality provision, as applicable, that would allow the staff to impose the position.
                </P>
                <HD SOURCE="HD1">III. Congressional Review Act</HD>
                <P>The Office of Management and Budget makes the determination that the United States Nuclear Regulatory Commission action titled “NUREG-0800, “Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,” Branch Technical Position 5-3, `Fracture Toughness Requirements'” is non-major under the Congressional Review Act.</P>
                <SIG>
                    <DATED>Dated at Rockville, Maryland, this 15th day of March, 2019.</DATED>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <NAME>Jennivine K. Rankin,</NAME>
                    <TITLE>Chief (Acting), Division of Licensing, Siting, and Environmental Analysis, Licensing Branch 3, Office of New Reactors.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05262 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">OFFICE OF PERSONNEL MANAGEMENT</AGENCY>
                <SUBJECT>Privacy Act of 1974; Computer Matching Program Between the Office of Personnel Management and Social Security Administration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Personnel Management.</P>
                </AGY>
                <ACT>
                    <PRTPAGE P="10343"/>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of a re-established matching program.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Pursuant to the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988 and the Computer Matching Privacy Protections Amendment of 1990 (Privacy Act), and Office of Management and Budget (OMB) guidance on the conduct of matching programs, notice is hereby given of the reestablishment of a matching program between the Office of Personnel Management (OPM) and the Social Security Administration (SSA) (Computer Matching Agreement 1045).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Please submit comments on or before April 19, 2019. The matching program will begin on April 19, 2019 unless comments have been received from interested members of the public that require modification and republication of the notice. The matching program will continue for 18 months from the beginning date and may be extended for an additional 12 months if the respective agency Data Integrity Boards determine that the conditions specified in 5 U.S.C. 552a(o)(D) have been met.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You may submit comments via mail to: Deon Mason, Chief, Business Services, Resource Management, Retirement Services, Office of Personnel Management, Room 3316-G, 1900 E Street NW, Washington, DC 20415 or via email at 
                        <E T="03">Deon.mason@opm.gov.</E>
                         You may also submit comments, identified by docket number and title, at the Federal Rulemaking Portal: 
                        <E T="03">http://www.regulations.gov</E>
                         by following the instructions for submitting comments. All submissions received must include the agency name and docket number for this document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing at 
                        <E T="03">http://www.regulations.gov</E>
                         as they are received without change, including any personal identifiers or contact information.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Bernard A. Wells III, Retirement Services, Office of Personnel Management, at (202) 606-2730.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    In accordance with the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988 and the Computer Matching Privacy Protection Amendment of 1990 (Privacy Act), and Office of Management and Budget (OMB) guidance on the conduct of matching programs, including OMB Final Guidance Interpreting the Provision of Public Law 100-53 (published in the 
                    <E T="04">Federal Register</E>
                     on June 19, 1989 (54 FR 25818) and OMB Circular A-108, notice is hereby given of a re-established matching program between the Office of Personnel Management (OPM) and the Social Security Administration (SSA). This matching program, Computer Matching Agreement 1045, is being re established to enable SSA to disclose wage and self-employment income information to OPM. OPM will match SSA's information with OPM's records on disability retirees under age 60, disabled adult child survivors, certain retirees in receipt of a supplemental benefit under the Federal Employees Retirement System (FERS), and certain annuitants receiving a discontinued service retirement benefit under the Civil Service Retirement System (CSRS). The law limits the amount these retirees, survivors, and annuitants can earn while retaining benefits paid to them. Retirement benefits cease upon re-employment in Federal service for discontinued service annuitants. OPM will use the earnings and self-employment information from SSA to determine continued eligibility for benefits under OPM programs.
                </P>
                <P>
                    <E T="03">Participating Agencies:</E>
                     OPM and SSA.
                </P>
                <P>
                    <E T="03">Authority for Conducting the Matching Program:</E>
                     Legal authorities for the disclosures under this agreement are 5 U.S.C. 8337(d), 8341(a)(4)(B), 8344(a)(4)(b), and 8468, which establish earnings limitations for certain CSRS and FERS annuitants. The authority to terminate benefits may be found in 5 U.S.C. 8341(e)(3)(B) and 8443(b)(3)(B). The Internal Revenue Code (IRC), at 26 U.S.C. 6103 (l)(11), requires SSA to disclose tax return information to OPM upon request for purposes of the administration of chapters 83 and 84 of Title 5 of the United States Code.
                </P>
                <P>
                    <E T="03">Purpose:</E>
                     The purpose of this agreement between OPM and SSA is to assist OPM in meeting its legal obligation to offset benefits payable by OPM to annuitants. SSA will disclose income and tax return information to OPM. OPM will use the information obtained from SSA to match against OPM's records of disability retirees under age 60, disabled adult-child survivors, certain retirees receiving supplemental benefit under the Federal Employees Retirement Systems (FERS), and certain annuitants receiving a discontinued service retirement benefit under the Civil Service Retirement System (CSRS). Because the law limits the amount these individuals can earn and still retain the benefits paid to them by OPM, OPM will use the SSA information to determine and individual's continued eligibility to receive a benefit from OPM.
                </P>
                <P>
                    <E T="03">Categories Individuals:</E>
                     The individuals whose information is involved in this matching program are those disability retirees under the age of 60, disabled adult-child survivors, certain retirees in receipt of a supplemental benefit under the FERS, and certain annuitants receiving a discontinued service retirement benefit under the CSRS who receive benefits from OPM. SSA will provide information about these individuals by referencing their master file of all individuals with Social Security numbers (SSN) and their file of earnings and self-employment records.
                </P>
                <P>
                    <E T="03">Categories of Records:</E>
                     The categories of records involved in this matching program include the full name, SSN, date of birth, and the tax year for requested earnings for those individuals about who the match is being conducted. In turn, SSA will disclose the following records to OPM: Employer identification number, name, address, wage amount from Form W-2, and earnings amounts form self-employment income.
                </P>
                <P>
                    <E T="03">System(s) of Records:</E>
                     OPM's system of records involved in this matching program is OPM/Central-1, Civil Service Retirement and Insurance Records. 64 FR 54930 (Oct. 8, 1999), as amended at 73 FR 15013 (March 20, 2008). SSA's systems of records involved in this matching program are the Master Files of Social Security Number Holders and SSN Applications, 60-0058, 75 FR 82121 (Dec. 29, 2010) as amended at 78 FR 40542 (July 5, 2013), 79 FR 8780 (Feb. 13, 2014), and 83 FR 31250 (July 3, 2018); and the Master Beneficiary Record (MBR), 60-0090, 71 FR 1826 (Jan. 11, 2006), as amended at 72 FR 69723 (Dec. 10, 2007) and 78 FR 40542 (July 5, 2013); and the Earnings Recording and Self-Employment Income System, 60-0059, 71 FR 1819 (Jan. 11, 2006) as amended at 78 FR 40542 (July 5, 2013).
                </P>
                <SIG>
                    <FP>Office of Personnel Management.</FP>
                    <NAME>Alexys Stanley,</NAME>
                    <TITLE>Regulatory Affairs Analyst.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05194 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6325-38-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">POSTAL REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[Docket Nos. CP2019-103; CP2019-104]</DEPDOC>
                <SUBJECT>New Postal Product</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Postal Regulatory Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <PRTPAGE P="10344"/>
                    <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 22, 2019 for Docket No. CP2019-103 and March 25, 2019 for Docket No. CP2019-104.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Submit comments electronically via the Commission's Filing Online system at 
                        <E T="03">http://www.prc.gov.</E>
                         Those who cannot submit comments electronically should contact the person identified in the 
                        <E T="02">FOR FURTHER 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>
                <P>The March 22, 2019 comment due date applies to Docket No. CP2019-103.</P>
                <P>The March 25, 2019 comment due date applies to Docket No. CP2019-104.</P>
                <HD SOURCE="HD1">Table of Contents</HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. Introduction</FP>
                    <FP SOURCE="FP-2">II. Docketed Proceeding(s)</FP>
                </EXTRACT>
                <HD SOURCE="HD1">I. Introduction</HD>
                <P>The Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to negotiated service agreement(s). The request(s) may propose the addition or removal of a negotiated service agreement from the market dominant or the competitive product list, or the modification of an existing product currently appearing on the market dominant or the competitive product list.</P>
                <P>Section II identifies the docket number(s) associated with each Postal Service request, the title of each Postal Service request, the request's acceptance date, and the authority cited by the Postal Service for each request. For each 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 (Public Representative). Section II also establishes comment deadline(s) pertaining to each request.</P>
                <P>
                    The public portions of the Postal Service's request(s) can be accessed via the Commission's website (
                    <E T="03">http://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 3007.301.
                    <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>The Commission invites comments on whether the Postal Service's request(s) in the captioned docket(s) are consistent with the policies of title 39. For request(s) that the Postal Service states concern market dominant product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3622, 39 U.S.C. 3642, 39 CFR part 3010, and 39 CFR part 3020, subpart B. For request(s) that the Postal Service states concern competitive product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3632, 39 U.S.C. 3633, 39 U.S.C. 3642, 39 CFR part 3015, and 39 CFR part 3020, subpart B. Comment deadline(s) for each request appear in section II.</P>
                <HD SOURCE="HD1">II. Docketed Proceeding(s)</HD>
                <P>
                    1. 
                    <E T="03">Docket No(s).:</E>
                     CP2019-103; 
                    <E T="03">Filing Title:</E>
                     Notice of United States Postal Service of Filing a Functionally Equivalent Global Expedited Package Services 7 Negotiated Service Agreement and Application for Non-Public Treatment of Materials Filed Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     March 13, 2019; 
                    <E T="03">Filing Authority:</E>
                     39 CFR 3015.5; 
                    <E T="03">Public Representative:</E>
                     Kenneth R. Moeller; 
                    <E T="03">Comments Due:</E>
                     March 22, 2019.
                </P>
                <P>
                    2. 
                    <E T="03">Docket No(s).:</E>
                     CP2019-104; 
                    <E T="03">Filing Title:</E>
                     Notice of United States Postal Service of Filing a Functionally Equivalent Global Expedited Package Services 7 Negotiated Service Agreement and Application for Non-Public Treatment of Materials Filed Under Seal; 
                    <E T="03">Filing Acceptance Date:</E>
                     March 13, 2019; 
                    <E T="03">Filing Authority:</E>
                     39 CFR 3015.5; 
                    <E T="03">Public Representative:</E>
                     Kenneth R. Moeller; 
                    <E T="03">Comments Due:</E>
                     March 25, 2019.
                </P>
                <P>
                    This Notice will be published in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Stacy L. Ruble,</NAME>
                    <TITLE>Secretary.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05180 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-FW-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 8, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Contract 506 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-80, CP2019-86.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05248 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 8, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Contract 508 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-82, CP2019-88.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05250 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <PRTPAGE P="10345"/>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 11, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express Contract 71 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-89, CP2019-95.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05253 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express and Priority Mail Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 12, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express &amp; Priority Mail Contract 88 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-94, CP2019-100.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05258 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express and Priority Mail Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 11, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express &amp; Priority Mail Contract 87 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-90, CP2019-96.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05254 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 8, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Contract 510 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-84, CP2019-90.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05242 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 8, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Contract 507 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-81, CP2019-87.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05249 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, &amp; First-Class Package Service Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 8, 2019, 
                    <PRTPAGE P="10346"/>
                    it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail, &amp; First-Class Package Service Contract 51 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-88, CP2019-94.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05246 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express and Priority Mail Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 8, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express &amp; Priority Mail Contract 86 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-79, CP2019-85.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05247 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Parcel Return Service Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 12, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Parcel Return Service Contract 13 to Competitive Product List</E>
                    . Documents are available at 
                    <E T="03">www.prc.gov</E>
                    , Docket Nos. MC2019-95, CP2019-101.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05259 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail and First-Class Package Service Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 11, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail &amp; First-Class Package Service Contract 94 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-91, CP2019-97.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05255 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 8, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express Contract 70 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-78, CP2019-84.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05236 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 8, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Contract 512 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-86, CP2019-92.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05244 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Sunshine Act Meetings; Temporary Emergency Committee of the Board of Governors</SUBJECT>
                <PREAMHD>
                    <HD SOURCE="HED">FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT:</HD>
                    <P>84 FR 6183.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:</HD>
                    <P>Monday, March 4, 2019, at 9:30 a.m.</P>
                </PREAMHD>
                <PREAMHD>
                    <PRTPAGE P="10347"/>
                    <HD SOURCE="HED">CHANGES IN THE MEETING:</HD>
                    <P>The meeting has been cancelled and is not rescheduled.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION:</HD>
                    <P>Michael J. Elston, Acting Secretary of the Board, U.S. Postal Service, 475 L'Enfant Plaza SW, Washington, DC 20260-1000. Telephone: (202) 268-4800.</P>
                </PREAMHD>
                <SIG>
                    <NAME>Michael J. Elston,</NAME>
                    <TITLE>Acting Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05373 Filed 3-18-19; 11:15 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—First-Class Package Service Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 11, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add First-Class Package Service Contract 98 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-92, CP2019-98.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05256 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Parcel Return Service Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 12, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Parcel Return Service Contract 14 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-96, CP2019-102.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05260 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Express, Priority Mail, &amp; First-Class Package Service Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 11, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Express, Priority Mail, &amp; First-Class Package Service Contract 52 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-93, CP2019-99.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05257 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 8, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Contract 513 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-87, CP2019-93.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05245 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 8, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Contract 511 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-85, CP2019-91.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05243 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">POSTAL SERVICE</AGENCY>
                <SUBJECT>Product Change—Priority Mail Negotiated Service Agreement</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <E T="51">TM</E>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Postal Service gives notice of filing a request with the Postal 
                        <PRTPAGE P="10348"/>
                        Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date of required notice:</E>
                         March 20, 2019.
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Elizabeth Reed, 202-268-3179.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on March 8, 2019, it filed with the Postal Regulatory Commission a 
                    <E T="03">USPS Request to Add Priority Mail Contract 509 to Competitive Product List.</E>
                     Documents are available at 
                    <E T="03">www.prc.gov,</E>
                     Docket Nos. MC2019-83, CP2019-89.
                </P>
                <SIG>
                    <NAME>Elizabeth Reed,</NAME>
                    <TITLE>Attorney, Corporate and Postal Business Law.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05251 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 7710-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-85311; File No. SR-NYSEARCA-2019-10]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Arca Equities Fees and Charges To Introduce a New Pricing Tier, Step Up Tier 4</SUBJECT>
                <DATE>March 14, 2019.</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 1, 2019, NYSE Arca, Inc. (“NYSE Arca” or the “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by 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>
                    The Exchange proposes to amend the NYSE Arca Equities Fees and Charges (“Fee Schedule”) to introduce a new pricing tier, Step Up Tier 4. The Exchange proposes to implement the fee change effective March 1, 2019. The proposed rule change is available on the Exchange's website at 
                    <E T="03">www.nyse.com,</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 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 those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>The Exchange proposes to amend the Fee Schedule to introduce a new pricing tier, Step Up Tier 4. The Exchange proposes to implement the fee change effective March 1, 2019.</P>
                <P>
                    The Exchange currently has a Step Up Tier pursuant to which qualifying ETP Holders and Market Makers receive a credit of $0.0030 per share for orders that provide displayed liquidity to the Book in Tape A Securities, $0.0023 per share for orders that provide displayed liquidity to the Book in Tape B Securities, and $0.0031 per share for orders that provide displayed liquidity to the Book in Tape C Securities if such ETP Holders and Market Makers directly execute providing average daily volume (“ADV”) per month of 0.50% or more, but less than 0.70% of the US CADV and directly execute providing ADV that is an increase of no less than 0.10% of US CADV for that month over the ETP Holder's or Market Maker's providing ADV in Q1 2018.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 83032 (April 11, 2018), 83 FR 16909 (April 17, 2018) (SR-NYSEArca-2018-20).
                    </P>
                </FTNT>
                <P>
                    The Exchange also has a Step Up Tier 2 pricing tier pursuant to which ETP Holders and Market Makers receive a credit of $0.0028 per share for orders that provide displayed liquidity to the Book in Tape A and Tape C Securities, and $0.0022 per share for orders that provide displayed liquidity to the Book in Tape B Securities if such ETP Holders and Market Makers directly execute providing ADV per month of 0.22% or more, but less than 0.30% of the US CADV and directly execute providing ADV that is an increase of no less than 0.06% of US CADV for that month over the ETP Holder's or Market Maker's providing ADV in May 2018.
                    <SU>4</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 83418 (June 12, 2018), 83 FR 28282 (June 18, 2018) (SR-NYSEArca-2018-41).
                    </P>
                </FTNT>
                <P>
                    More recently, the Exchange adopted the Step Up Tier 3 pricing tier pursuant to which ETP Holders and Market Makers receive a credit of $0.0025 per share for orders that provide displayed liquidity to the Book in Tape A and Tape C Securities, and $0.0022 per share for orders that provide displayed liquidity to the Book in Tape B Securities if such ETP Holders and Market Makers directly execute providing ADV per month of 0.15% or more, but less than 0.20% of the US CADV and directly execute providing ADV that is an increase of no less than 0.075% of US CADV for that month over the ETP Holder's or Market Maker's providing ADV in May 2018.
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 84103 (September 12, 2018), 83 FR 47216 (September 18, 2019) (SR-NYSEArca-2018-66).
                    </P>
                </FTNT>
                <P>
                    The Exchange proposes a new pricing tier—Step Up Tier 4—for securities with a per share price of $1.00 or above. As proposed, ETP Holders and Market Makers would qualify for the new Step Up Tier 4 if they directly execute providing ADV per month that is an increase of no less than 0.70% of US CADV for that month over the ETP Holder's or Market Maker's providing ADV in January 2019, taken as a percentage of US CADV. ETP Holders and Market Makers that qualify for Step Up Tier 4 would receive a credit of $0.0031 per share for orders that provide displayed liquidity to the Book in Tape A Securities and a credit of $0.0032 per share for orders that provide displayed liquidity to the Book in Tape B and Tape C Securities. ETP Holders and Market Makers that qualify for the Step Up Tier 4 credit in Tape C Securities shall not receive any additional incremental Tape C Tier credits for providing displayed liquidity under Tape C Tiers.
                    <SU>6</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         ETP Holders and Market Makers that meet the requirements would continue to qualify for the $0.0029 per share (fee) for orders that take liquidity from the Book in Tape C Securities pursuant to Tape C Tier 2 and Tape C Tier 3, if they meet the requirements of those tiers.
                    </P>
                </FTNT>
                <P>For all other fees and credits, tiered or basic rates apply based on a firm's qualifying levels.</P>
                <P>
                    For example, assume an ETP Holder or Market Maker has an adding ADV of 0.10% of US CADV in all securities in the baseline month of January 2019 and Tape C adding ADV of 0.05% of the US Tape C CADV in Tape C Securities. Further assume that the same ETP 
                    <PRTPAGE P="10349"/>
                    Holder or Market Maker has an adding ADV of 1.10% of US CADV in all securities and Tape C adding ADV of 0.30% of the US Tape C CADV in the billing month. The ETP Holder or Market Marker in the above example would qualify for the proposed Step Up Tier 4 with an adding ADV step up of 1.00% of US CADV (
                    <E T="03">i.e.,</E>
                     1.10% US CADV minus the 0.10% adding of US CADV baseline) and would therefore receive the proposed $0.0032 per share credit in Tape B and Tape C Securities and $0.0031 per share credit in Tape A Securities. Further, since the ETP Holder or Market Maker in the above example also meets the qualifications of the current Tape C Tier 2 pricing tier with an adding ADV of 0.25% of Tape C CADV above the 0.05% adding Tape C CADV baseline, meeting the Tape C Tier 2 step up requirement of 0.20%, the ETP Holder or Market Maker in the above example would be charged a lower $0.0029 per share fee for orders that take liquidity from the Book in Tape C Securities (instead of the $0.0030 per share fee as provided in the Basic Rates section) but would not receive the additional $0.0002 per share credit for orders that provide liquidity to the Book in Tape C Securities.
                </P>
                <P>
                    The goal of the proposed Step Up Tier 4 pricing tier is to incentivize ETP Holders and Market Makers to increase the orders sent directly to the Exchange and therefore provide liquidity that supports the quality of price discovery and promotes market transparency. The proposed pricing tier, which adopts a higher threshold than the existing Step Up pricing tiers, 
                    <E T="03">i.e.,</E>
                     Step Up Tier 1, Step Up Tier 2 and Step Up Tier 3, is intended to allow ETP Holders and Market Makers to achieve rebates that are not currently available, e.g, the proposed $0.0032 per share credit in Tape B Securities. Since the proposed new pricing tier has a singular requirement for ETP Holders and Market Makers, 
                    <E T="03">i.e.,</E>
                     providing an increased ADV over the ETP Holder's or Market Maker's baseline ADV, the Exchange believes that the proposed new pricing tier would provide an incentive for ETP Holders and Market Makers to meet this higher step up tier requirement by directing more of their order flow to the Exchange in order to receive the higher credit.
                </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>7</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Sections 6(b)(4) and (5) of the Act,
                    <SU>8</SU>
                    <FTREF/>
                     in particular, because it provides for the equitable allocation of reasonable dues, fees, and other charges among its members, issuers and other persons using its facilities and does not unfairly discriminate between customers, issuers, brokers or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         15 U.S.C. 78f(b)(4) and (5).
                    </P>
                </FTNT>
                <P>The Exchange believes the Step Up Tier 4 pricing tier will serve as an incentive to market participants to increase the orders sent directly to NYSE Arca and therefore provide liquidity that supports the quality of price discovery and promotes market transparency. The Exchange believes the proposed pricing tier, which adopts a higher threshold, is reasonable and equitable because it would allow ETP Holders and Market Makers that directly execute providing ADV per month that is an increase of no less than 0.70% of US CADV to receive increased credits that were not previously available. Moreover, the addition of the Step Up Tier 4 would benefit market participants whose increased order flow provides meaningful added levels of liquidity thereby contributing to the depth and market quality on the Exchange. The Exchange believes that the proposed new Step Up Tier 4 is not unfairly discriminatory because it is open to all ETP Holders and Market Makers, on an equal basis, that add liquidity at or below the proposed Step Up Tier 4 requirement. Further, the Exchange believes the proposed pricing tier would incentivize ETP Holders and Market Makers that meet the current Tier 1 requirement of 0.70% of US CADV to send more of their orders to the Exchange to qualify for increased credits under the proposed new Step Up Tier 4 pricing tier. The proposed pricing tier would also serve as an incentive to ETP Holders and Market Makers that do not currently meet the requirement of other pricing tiers on the Exchange to increase the level of orders sent directly to NYSE Arca in order to qualify for the proposed new pricing tier and receive the higher credits associated with Step Up Tier 4. The proposed pricing tier would apply equally to all ETP Holders and Market Makers as each would be required to execute providing ADV per month that is an increase of no less than 0.70% of US CADV over their January baseline taken as a percentage of US CADV, regardless of whether an ETP Holder or Market Maker currently meets the requirement of another pricing tier.</P>
                <P>The Exchange believes that the proposed fee change is equitable and not unfairly discriminatory because providing incentives for orders in exchange-listed securities that are executed on a registered national securities exchange (rather than relying on certain available off-exchange execution methods) would contribute to investors' confidence in the fairness of their transactions and would benefit all investors by deepening the Exchange's liquidity pool, supporting the quality of price discovery, promoting market transparency and improving investor protection.</P>
                <P>Finally, the Exchange believes that it is subject to significant competitive forces, as described below in the Exchange's statement regarding the burden on competition.</P>
                <P>For the foregoing reasons, the Exchange believes that the proposal is consistent with the Act.</P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>
                    In accordance with Section 6(b)(8) of the Act,
                    <SU>9</SU>
                    <FTREF/>
                     the Exchange believes that the proposed rule change would not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. Instead, the Exchange believes that the proposal to add a new pricing tier would encourage the submission of additional liquidity to a public exchange, thereby promoting price discovery and transparency and enhancing order execution opportunities for ETP Holders and Market Makers. The Exchange believes that this could promote competition between the Exchange and other execution venues, including those that currently offer similar order types and comparable transaction pricing, by encouraging additional orders to be sent to the Exchange for execution.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         15 U.S.C. 78f(b)(8).
                    </P>
                </FTNT>
                <P>
                    Finally, the Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues if they deem fee levels at a particular venue to be excessive or rebate opportunities available at other venues to be more favorable. In such an environment, the Exchange must continually adjust its fees and rebates to remain competitive with other exchanges and with alternative trading systems that have been exempted from compliance with the statutory standards applicable to exchanges. Because competitors are free to modify their own fees and credits in response, and because market participants may readily adjust their order routing practices, the Exchange believes that the degree to which fee changes in this market may impose any burden on competition is extremely limited. As a result of all of these 
                    <PRTPAGE P="10350"/>
                    considerations, the Exchange does not believe that the proposed changes will impair the ability of ETP Holders or competing order execution venues to maintain their competitive standing in the financial markets.
                </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>No written comments were solicited or received with respect to the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The foregoing rule change is effective upon filing pursuant to Section 19(b)(3)(A) 
                    <SU>10</SU>
                    <FTREF/>
                     of the Act and subparagraph (f)(2) of Rule 19b-4 
                    <SU>11</SU>
                    <FTREF/>
                     thereunder, because it establishes a due, fee, or other charge imposed by the Exchange.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         17 CFR 240.19b-4(f)(2).
                    </P>
                </FTNT>
                <P>
                    At any time within 60 days of the filing of such 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 shall institute proceedings under Section 19(b)(2)(B) 
                    <SU>12</SU>
                    <FTREF/>
                     of the Act to determine whether the proposed rule change should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         15 U.S.C. 78s(b)(2)(B).
                    </P>
                </FTNT>
                <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">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 SR-NYSEARCA-2019-10 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-2019-10. 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 rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEARCA-2019-10, and should be submitted on or before April 10, 2019.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>13</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>13</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Eduardo A. Aleman,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05210 Filed 3-19-19; 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. 34-85316; File No. SR-EMERALD-2019-11]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Adopt System Connectivity Fees</SUBJECT>
                <DATE>March 14, 2019.</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 1, 2019, MIAX Emerald, LLC (“MIAX Emerald” 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 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>The Exchange is filing a proposal to amend the MIAX Emerald Fee Schedule (the “Fee Schedule”) to adopt the Exchange's system connectivity fees.</P>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">http://www.miaxoptions.com/rule-filings/emerald,</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 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 the Fee Schedule regarding connectivity to the Exchange. Specifically, the Exchange proposes to amend Sections 5(a) and (b) of the Fee Schedule to adopt the network connectivity fees for the 1 Gigabit (“Gb”) fiber connection and the 10Gb ultra-low latency (“ULL”) fiber connection, which are charged to both Members 
                    <SU>3</SU>
                    <FTREF/>
                     and non-Members of the Exchange for connectivity to the Exchange's primary/secondary facility. The Exchange also proposes to adopt network connectivity fees for the 1Gb and 10Gb fiber connections for connectivity to the Exchange's disaster recovery facility. Each of these 
                    <PRTPAGE P="10351"/>
                    connections (with the exception of the 10Gb ULL) are shared connections (collectively, the “Shared Connections”), and thus can be utilized to access the Exchange and both of the Exchange's affiliates, Miami International Securities Exchange, LLC (“MIAX Options”) and MIAX PEARL, LLC (“MIAX PEARL”). The 10Gb ULL connection is a dedicated connection (“Dedicated Connection”), which provides network connectivity solely to the trading platforms, market data systems, and test system facilities of MIAX Emerald. These proposed fees are collectively referred to herein as the “Proposed Fees.” The amounts of the Proposed Fees for the Shared Connections are the same amounts that are currently in place at MIAX Options and MIAX PEARL.
                    <SU>4</SU>
                    <FTREF/>
                     While the Exchange is new and only launching trading on March 1, 2019, since: (i) All of the Proposed Fees (except for the fee relating to the 10Gb ULL connection) relate to Shared Connections, and thus are the same amounts as are currently in place at MIAX Options and MIAX PEARL; (ii) all of the Members of MIAX Emerald are also members of either MIAX Options and/or MIAX PEARL, and most of those Members already have connectivity to the Exchange via existing Shared Connections (without paying any new incremental connectivity fees), the Exchange is providing similar information to that which was provided in the MIAX and PEARL Fee Filings, including providing detail about the market participants impacted by the Proposed Fees, as well as the costs incurred by the Exchange associated with providing the connectivity alternatives, in order to provide transparency and support relating to the Exchange's belief that the Proposed Fees are reasonable, equitable, and non-discriminatory, and to provide sufficient information for the Commission to determine that the Proposed Fees are consistent with the Act. The proposed rule change is immediately effective upon filing with the Commission pursuant to Section 19(b)(3)(A) of the Act.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The term “Member” means an individual or organization approved to exercise the trading rights associated with a Trading Permit. Members are deemed “members” under the Exchange Act. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         SR-MIAX-2019-10 and SR-PEARL-2019-08 (the “MIAX and PEARL Fee Filings”).
                    </P>
                </FTNT>
                <P>The Exchange proposes to offer to both Members and non-Members various bandwidth alternatives for connectivity to the Exchange, to its primary and secondary facilities, consisting of a 1Gb fiber connection and a 10Gb ULL fiber connection. The 10Gb ULL offering uses an ultra-low latency switch, which provides faster processing of messages sent to it in comparison to the switch used for the other types of connectivity. The Exchange also proposes to offer to both Members and non-Members various bandwidth alternatives for connectivity to the Exchange, to its disaster recovery facility, consisting of a 1Gb fiber connection and a 10Gb connection.</P>
                <P>For the Shared Connections, the Exchange's MIAX Express Network Interconnect (“MENI”) can be configured to provide Members and non-Members of the Exchange network connectivity to the trading platforms, market data systems, test systems, and disaster recovery facilities of the Exchange and its affiliates, MIAX Options and MIAX PEARL, via a single, shared connection. Any Member or non-Member can purchase a Shared Connection.</P>
                <P>For the Dedicated Connection, the Exchange's MENI is configured to provide Members and non-Members of the Exchange network connectivity to the trading platforms, market data systems, test systems, and disaster recovery facilities of the Exchange. Any Member or non-Member can purchase a Dedicated Connection. The Exchange determined to design its network architecture in a manner that offered 10Gb ULL connections as dedicated connections (as opposed to shared connections) in order to provide cost saving opportunities for itself and for its Members, by reducing the amount of equipment that the Exchange would have to purchase and to which the Members would have to connect.</P>
                <P>For the Shared Connections, Members and non-Members utilizing the MENI to connect to the trading platforms, market data systems, test systems and disaster recovery facilities of the Exchange, MIAX Options, and MIAX PEARL via a single, shared connection are assessed only one monthly network connectivity fee per connection, regardless of the trading platforms, market data systems, test systems, and disaster recovery facilities accessed via such connection. Thus, since all of the Members of MIAX Emerald are also members of either MIAX Options and/or MIAX PEARL, and most of those Members already have connectivity to the Exchange via existing Shared Connections, most Members of MIAX Emerald have instant connectivity to the Exchange without paying any new incremental connectivity fees, as more fully-detailed below.</P>
                <P>The Exchange proposes to establish the monthly network connectivity fees for such connections for both Members and non-Members. As discussed above, the amounts of the Proposed Fees for the Shared Connections are the same amounts that are currently in place at MIAX Options and MIAX PEARL. The amount of the Proposed Fee for the Dedicated Connection is offered at a substantial discount to the amount currently in place at MIAX Options and MIAX PEARL. The reason for the substantial discount is that the Dedicated Connection offers access to only a single market (the Exchange), whereas the 10Gb ULL connection offered by MIAX Options and MIAX PEARL offers access to two markets (MIAX Options and MIAX PEARL). The network connectivity fees for connectivity to the Exchange's primary/secondary facility will be as follows: (a) 1,400 for the 1Gb connection; and (b) $6,000 for the 10Gb ULL connection. The network connectivity fees for connectivity to the Exchange's disaster recovery facility will be as follows: (a) $550 for the 1Gb connection; and (b) $2,750 for the 10Gb connection.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that its proposal to amend its Fee Schedule is consistent with Section 6(b) of the Act 
                    <SU>5</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(4) of the Act 
                    <SU>6</SU>
                    <FTREF/>
                     in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among Exchange Members and issuers and other persons using any facility or system which the Exchange operates or controls. The Exchange also believes the proposal furthers the objectives of Section 6(b)(5) of the Act 
                    <SU>7</SU>
                    <FTREF/>
                     in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest and is not designed to permit unfair discrimination between customer, issuers, brokers and dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>First, the Exchange believes that its proposal is consistent with Section 6(b)(4) of the Act, in that the Proposed Fees are fair, equitable and not unreasonably discriminatory, because the fees for the connectivity alternatives available on the Exchange, as proposed, are competitive and market-driven. The U.S. options markets are highly competitive (there are currently 16 options markets) and a reliance on competitive markets is an appropriate means to ensure equitable and reasonable prices.</P>
                <P>
                    The Exchange acknowledges that there is no regulatory requirement that any market participant connect to the Exchange, or that any participant 
                    <PRTPAGE P="10352"/>
                    connect at any specific connection speed. The rule structure for options exchanges are, in fact, fundamentally different from those of equities exchanges. The Exchange further recognizes that the decision of whether to connect to the Exchange is separate and distinct from the decision of whether and how to trade on the Exchange. The Exchange acknowledges that many firms may choose to connect to the Exchange, but ultimately not trade on it.
                </P>
                <P>
                    The Exchange,
                    <SU>8</SU>
                    <FTREF/>
                     MIAX Options,
                    <SU>9</SU>
                    <FTREF/>
                     and MIAX PEARL 
                    <SU>10</SU>
                    <FTREF/>
                     are comprised of 41 distinct members amongst all three exchanges, excluding any additional affiliates of such members that are also members of the Exchange, MIAX Options, MIAX PEARL, or any combination thereof. Of those 41 distinct members, 28 of those distinct members are Members of MIAX Emerald. (Currently, there are no Members of MIAX Emerald that are not also members of MIAX Options or MIAX PEARL, or both.) Of those 28 distinct Members of MIAX Emerald, there are 6 Members that have no connectivity to the Exchange. Members are not forced to purchase connectivity to the Exchange, and these Members have elected not to purchase such connectivity. Of note, these same 6 Members also do not have connectivity to either MIAX Options or MIAX PEARL. These Members either trade indirectly through other Members or non-Members that have connectivity to the Exchange, or do not trade and conduct another type of business on the Exchange. Of the remaining 22 distinct Members of MIAX Emerald, 
                    <E T="03">all 22</E>
                     of those distinct Members already had connectivity to the Exchange via existing Shared Connections, thus providing all such 22 MIAX Emerald Members with instant connectivity to the Exchange without paying any new incremental connectivity fees.
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         The Exchange has 28 distinct Members, excluding affiliated entities. 
                        <E T="03">See</E>
                         MIAX Emerald Exchange Member Directory, available at 
                        <E T="03">https://www.miaxoptions.com.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         MIAX Options has 38 distinct Members, excluding affiliated entities. 
                        <E T="03">See</E>
                         MIAX Options Exchange Member Directory, available at 
                        <E T="03">https://www.miaxoptions.com.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         MIAX PEARL has 36 distinct Members, excluding affiliated entities. 
                        <E T="03">See</E>
                         MIAX PEARL Exchange Member Directory, available at 
                        <E T="03">https://www.miaxoptions.com.</E>
                    </P>
                </FTNT>
                <P>Further, of those 22 Members, 14 of such Members elected to purchase additional connectivity to the Exchange, including additional Shared Connections and additional Dedicated Connections. The Exchange made available in advance to all of its prospective Members its proposed connectivity pricing (subject to regulatory clearance), in order for those prospective Members to make an informed decision about whether to become a Member of the Exchange and whether to purchase connectivity to the Exchange. Accordingly, each such Member made the decision to become a Member of the Exchange and to purchase connectivity to the Exchange, knowing in advance the connectivity pricing. And the vast majority of the additional connectivity purchased by those Members were for Dedicated Connections, the most expensive connectivity option.</P>
                <P>As a result, of those 22 Members, through existing Shared Connections, newly purchased Shared Connections, and newly purchased Dedicated Connections: 14 Members have 1Gb (primary/secondary) connections; 13 Members have 10Gb ULL (primary/secondary) connections; 3 Members have 10Gb (disaster recovery) connections; and 10 Members have 1Gb (disaster recovery) connections, or some combination of multiple various connections. The Exchange expects that all such Members with those Shared Connections and Dedicated Connections will trade on MIAX Emerald.</P>
                <P>The 6 Members who have not purchased any connectivity to the Exchange are still able to trade on the Exchange indirectly through other Members or non-Member service bureaus that are connected. These 6 Members who have not purchased connectivity are not forced or compelled to purchase connectivity, and they retain all of the other benefits of membership with the Exchange. Accordingly, Members have the choice to purchase connectivity and are not compelled to do so in any way.</P>
                <P>In addition, there are 5 non-Member service bureaus that already have connectivity to the Exchange via existing Shared Connections, thus providing all 5 of those non-Member service bureaus with instant connectivity to the Exchange without paying any new incremental connectivity fees. These non-Members freely purchased their connectivity from one of the Exchange's affiliates, either MIAX Options or MIAX PEARL, in order to offer trading services to other firms and customers, as well as access to the market data services that their connections to the Exchange provide them, but they are not required or compelled to purchase any of the Exchange's connectivity options.</P>
                <P>
                    The Exchange is launching trading on March 1, 2019. Thus, at the time that the 14 Members who elected to purchase connectivity to the Exchange, the Exchange was untested and unproven, and had 0% market share of the U.S. options industry. For all of 2018, the Exchange's affiliate, MIAX Options, had only 4.39% market share of the U.S. options industry in 2018 in Equity/ETF classes according to the OCC.
                    <SU>11</SU>
                    <FTREF/>
                     For all of 2018, the Exchange's affiliate, MIAX PEARL, had only 4.82% market share of the U.S. options industry in Equity/ETF classes according to the OCC.
                    <SU>12</SU>
                    <FTREF/>
                     The Exchange is aware of no evidence that a combined market share less than 10% provides the Exchange with anti-competitive pricing power. Certainly, an untested and unproven exchange, with 0% market share, and no rule or requirement that a market participant must join or connect to it, does not have anti-competitive pricing power, with respect to setting the pricing for the Dedicated Connections or the Shared Connections. If the Exchange were to attempt to establish unreasonable connectivity pricing, then no market participant would join or connect. Therefore, since 28 distinct Members joined MIAX Emerald and 14 of those distinct Members purchased additional connectivity to the Exchange, all knowing, in advance, the connectivity fees, the Exchange believes the Proposed Fees are reasonable, equitable, and not unfairly discriminatory.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Exchange Market Share of Equity Products—2018, The Options Clearing Corporation, available at 
                        <E T="03">https://www.theocc.com/webapps/exchange-volume.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    Separately, the Exchange knows of no reason why market participants could not simply drop their connections and cease being Members of the Exchange if the Exchange were to establish unreasonable and uncompetitive price increases for its connectivity alternatives. No options market participant is required by rule, regulation, or competitive forces to be a Member of the Exchange. Several market participants choose not to be Members of the Exchange and choose not to access the Exchange, and several market participants are proposing to access the Exchange indirectly through another market participant. To illustrate, the Exchange has only 34 total Members (including all such Members' affiliate Members). However, Cboe Exchange, Inc. (“Cboe”) has over 200 members,
                    <SU>13</SU>
                    <FTREF/>
                     Nasdaq ISE, LLC has 
                    <PRTPAGE P="10353"/>
                    approximately 100 members,
                    <SU>14</SU>
                    <FTREF/>
                     and NYSE American LLC has over 80 members.
                    <SU>15</SU>
                    <FTREF/>
                     If all market participants were required to be Members of the Exchange and connect directly to the Exchange, the Exchange would have over 200 Members, in line with Cboe's total membership. But it does not. The Exchange only has 34 Members.
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See</E>
                         Form 1/A, filed August 30, 2018 (
                        <E T="03">https://www.sec.gov/Archives/edgar/vprr/1800/18002831.pdf</E>
                        ); Form 1/A, filed August 30, 2018 (
                        <E T="03">https://www.sec.gov/Archives/edgar/vprr/1800/18002833.pdf</E>
                        ); Form 1/A, filed July 24, 2018 (
                        <E T="03">https://www.sec.gov/Archives/edgar/vprr/1800/18002781.pdf</E>
                        ); Form 1/A, filed August 30, 2018 (
                        <E T="03">
                            https://www.sec.gov/Archives/edgar/data/
                            <PRTPAGE/>
                            1473845/999999999718007832/9999999997-18-007832-index.htm
                        </E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See</E>
                         Form 1/A, filed July 1, 2016 (
                        <E T="03">https://www.sec.gov/Archives/edgar/vprr/1601/16019243.pdf</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See https://www.nyse.com/markets/american-options/membership#directory.</E>
                    </P>
                </FTNT>
                <P>
                    Further, since there are 41 distinct members amongst all three exchanges, and only 28 of those distinct members decided to become Members of MIAX Emerald, there were 13 distinct members that decided 
                    <E T="03">not</E>
                     to become Members of MIAX Emerald. This further reinforces the fact that all market participants are not required to be Members of the Exchange and are not required to connect to the Exchange. It is a choice whether to join and it is a choice to connect. Therefore, the Exchange believes that the Proposed Fees are fair, equitable, and non-discriminatory, as the fees are competitive.
                </P>
                <P>With respect to the now MIAX Emerald Members that had Shared Connections in place as of August 1, 2018 (via a previously purchased Shared Connection from MIAX Options or MIAX PEARL), the Exchange finds it compelling that all of those Members continued to purchase those Shared Connections after August 1, 2018, when MIAX Options and MIAX PEARL increased the connectivity fees for the Shared Connections to the current amounts proposed by the Exchange herein. In particular, the Exchange believes that the Proposed Fees for the Shared Connections are reasonable because MIAX Options and MIAX PEARL, which charge the same amount for the Shared Connections, did not lose any Members (or the number of Shared Connections each Member purchased) or non-Member Shared Connections when MIAX Options and MIAX PEARL proposed to increase the connectivity fees for the Shared Connections on August 1, 2018. For example, with respect to the Shared Connections maintained by now Members of MIAX Emerald who had Shared Connections in place as of July 2018, 12 Members purchased 1Gb connections. The vast majority of those Members purchased multiple such connections, the number of connections depending on their throughput requirements based on the volume of their quote/order traffic associated with their business model. After the fee increase, beginning August 1, 2018, the same 12 Members purchased 1Gb connections. Furthermore, the total number of connections did not decrease from July to August.</P>
                <P>Further, with respect to the Shared Connections maintained by now Members of MIAX Emerald who had Shared Connections in place as of July 2018, of those Members and non-Members that bought multiple connections, no firm dropped any connections beginning August 1, 2018, when MIAX Options and MIAX PEARL increased its fees. Furthermore, the Exchange understands that MIAX Options and MIAX PEARL did not receive any official comment letters or complaints from any now Members of MIAX Emerald who had Shared Connections in place as of July 2018 regarding the increased fees regarding how the change was unreasonable, unduly burdensome, or would negatively impact their competitiveness amongst other market participants. Therefore, the Exchange believes that the Proposed Fees are fair, equitable, and non-discriminatory, as the fees are competitive.</P>
                <P>The Exchange believes that the Proposed Fees are equitably allocated among Members and non-Members, as evidenced by the fact that the fees are allocated across all connectivity alternatives, and there is not a disproportionate number of Members purchasing any alternative—14 Members have 1Gb (primary/secondary) connections; 13 Members have 10Gb ULL (primary/secondary) connections; 3 Members have 10Gb (disaster recovery) connections; and 10 Members have 1Gb (disaster recovery) connections, or some combination of multiple various connections.</P>
                <P>Second, the Exchange believes that its proposal is consistent with Section 6(b)(4) of the Act because the Proposed Fees allow the Exchange to recover a portion (less than all) of the costs incurred by the Exchange associated with providing and maintaining the necessary hardware and other infrastructure to support this technology. The Exchange believes that it is reasonable and appropriate to establish its fees charged for use of its connectivity at a level that will partially offset the costs to the Exchange associated with maintaining and enhancing a state-of-the-art exchange network infrastructure in the U.S. options industry.</P>
                <P>The costs associated with making the network accessible to Exchange Members and non-Members, through the expansion associated with new Shared Connections and Dedicated Connections, as well as the general expansion of a state-of-the-art infrastructure, are extensive, have increased year-over-year in the past two years, and are projected to increase year-over-year in the future. This is due to several factors, including costs associated with maintaining and expanding a team of highly-skilled network engineers, fees charged by the Exchange's third-party data center operator, and costs associated with projects and initiatives designed to improve overall network performance and stability, through the Exchange's R&amp;D efforts.</P>
                <P>In order to provide more detail and to quantify the Exchange's costs, the Exchange notes that costs are associated with the infrastructure and headcount to fully-support the advances in infrastructure and expansion of network level services, including customer monitoring, alerting and reporting. The Exchange incurs technology expenses related to establishing and maintaining Information Security services, monitoring and remediation, as well as Regulation SCI mandated processes, associated with its network technology. Additionally, the Exchange incurred costs in the expansion/buildout of the network leading up to the launch of operations, and the network maintenance costs continue to increase year-over-year. For example, since the initial phases of the buildout of the Exchange over two years ago, with respect to the network, there has been an approximate 70% increase in technology-related personnel costs in infrastructure, due to expansion of services/support; an approximate 10% increase in datacenter costs due to price increases and footprint expansion; an approximate 5% increase in vendor-supplied dark fiber due to price increases and expanded capabilities; and a 30% increase in market data connectivity fees. There was also significant capital expenditures over this same period to upgrade and enhance the underlying technology components. The Exchange believes that it is reasonable and appropriate to establish its fees charged for use of its connectivity at a level that will partially offset the costs to the Exchange associated with the buildout, maintenance, and enhancement of its network infrastructure.</P>
                <P>
                    Further, because the costs of operating a data center are significant and not economically feasible for the Exchange, the Exchange does not operate its own data centers, and instead contracts with a third-party data center provider. The 
                    <PRTPAGE P="10354"/>
                    Exchange notes that larger, dominant exchange operators own/operate their data centers, which offers them greater control over their data center costs. Because those exchanges own and operate their data centers as profit centers, the Exchange is subject to additional costs.
                </P>
                <P>Further, the Exchange invests significant resources in network R&amp;D to improve the overall performance and stability of its network. For example, the Exchange has a number of network monitoring tools (some of which were developed in-house, and some of which are licensed from third-parties), that continually monitor, detect, and report network performance, many of which serve as significant value-adds to the Exchange's Members and enable the Exchange to provide a high level of customer service. These tools detect and report performance issues, and thus enable the Exchange to proactively notify a Member (and the SIPs) when the Exchange detects a problem with a Member's connectivity. The Exchange also incurs costs associated with the maintenance and improvement of existing tools and the development of new tools.</P>
                <P>Certain recently developed network aggregation and monitoring tools provide the Exchange with the ability to measure network traffic with a much more granular level of variability. This is important as Exchange Members demand a higher level of network determinism and the ability to measure variability in terms of single digit nanoseconds. Also, routine R&amp;D projects to improve the performance of the network's hardware infrastructure result in additional cost. As an example, in the last year, R&amp;D efforts resulted in a performance improvement, requiring the purchase of new equipment to support that improvement, and thus resulting in increased costs in the hundreds of thousands of dollars range. In sum, the costs associated with maintaining and enhancing a state-of-the-art exchange network infrastructure in the U.S. options industry is a significant expense for the Exchange that also increases year-over-year, and thus the Exchange believes that it is reasonable to offset a portion of those costs through establishing network connectivity fees, as proposed herein. Overall, the Proposed Fees are projected to offset only a portion of the Exchange's network connectivity costs.</P>
                <P>
                    The Exchange also believes its proposal to offer 10Gb ULL connections as dedicated connections furthers the objectives of Section 6(b)(5) of the Act 
                    <SU>16</SU>
                    <FTREF/>
                     in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest and is not designed to permit unfair discrimination between customer, issuers, brokers and dealers. In particular, for the Dedicated Connection, the Exchange's MENI is configured to provide Members and non-Members of the Exchange network connectivity to the trading platforms, market data systems, test systems, and disaster recovery facilities of the Exchange. Any Member or non-Member can purchase a Dedicated Connection. The Exchange determined to design its network architecture in a manner that offered 10Gb ULL connections as dedicated connections (as opposed to shared connections) in order to provide cost saving opportunities for itself and for its Members, by reducing the amount of equipment that the Exchange would have to purchase and to which the Members would have to connect. A dedicated 10Gb ULL connection does not offer any unfair advantage over a shared 10GB ULL connection, as is being offered solely as a cost-saving measure to the Exchange and its Members.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>
                    The Exchange notes that other exchanges have similar connectivity alternatives for their participants, including similar low-latency connectivity. For example, Nasdaq PHLX LLC (“Phlx”), NYSE Arca, Inc. (“Arca”), NYSE American LLC (“NYSE American”) and Nasdaq ISE, LLC (“ISE”) all offer a 1Gb, 10Gb and 10Gb low latency ethernet connectivity alternatives to each of their participants.
                    <SU>17</SU>
                    <FTREF/>
                     The Exchange further notes that Phlx, ISE, Arca and NYSE American each charge higher rates for such similar connectivity to primary and secondary facilities,
                    <SU>18</SU>
                    <FTREF/>
                     however the Exchange also notes that the Exchange's 10Gb ULL connection is dedicated solely to one market (the Exchange) whereas the Exchange believes that other exchanges offer a shared 10Gb ULL connection to multiple markets. Additionally, the Exchange's proposed connectivity fees to its disaster recovery facility are within the range of the fees charged by other exchanges for similar connectivity alternatives.
                    <SU>19</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See</E>
                         Phlx and ISE Rules, General Equity and Options Rules, General 8, Section 1(b). Phlx and ISE each charge a monthly fee of $2,500 for each 1Gb connection, $10,000 for each 10Gb connection and $15,000 for each 10Gb Ultra connection, which the equivalent of the Exchange's 10Gb ULL connection. 
                        <E T="03">See also</E>
                         NYSE American Fee Schedule, Section V.B, and Arca Fees and Charges, Co-Location Fees. NYSE American and Arca each charge a monthly fee of $5,000 for each 1Gb circuit, $14,000 for each 10Gb circuit and $22,000 for each 10Gb LX circuit, which the equivalent of the Exchange's 10Gb ULL connection.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See</E>
                         Nasdaq ISE, Options Rules, Options 7, Pricing Schedule, Section 11.D. (charging $3,000 for disaster recovery testing &amp; relocation services); 
                        <E T="03">see also</E>
                         Cboe Exchange, Inc. (“Cboe”) Fees Schedule, p. 14, Cboe Command Connectivity Charges (charging a monthly fee of $2,000 for a 1Gb disaster recovery network access port and a monthly fee of $6,000 for a 10Gb disaster recovery network access port).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>MIAX Emerald does not believe that the proposed rule changes will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. In particular, the Exchange has received no official comment letters or complaints from Members or others who connect to it that its Proposed Fees are negatively impacting or would negatively impact their abilities to compete with other market participants. Further, the Exchange is unaware of any assertion that its Proposed Fees would somehow unduly impair its competition with other options exchanges. To the contrary, if the fees charged are deemed too high by market participants, they can simply disconnect.</P>
                <P>While the Exchange recognizes the distinction between connecting to an exchange and trading at the exchange, the Exchange notes that it operates in a highly competitive options market in which market participants can readily connect and trade with venues they desire. In such an environment, the Exchange must continually adjust its fees to remain competitive with other exchanges. The Exchange believes that the proposed changes reflect this competitive environment.</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>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act,
                    <SU>20</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) 
                    <SU>21</SU>
                    <FTREF/>
                     thereunder. 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 
                    <PRTPAGE P="10355"/>
                    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 shall institute proceedings to determine whether the proposed rule should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         17 CFR 240.19b-4(f)(2).
                    </P>
                </FTNT>
                <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">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 SR-EMERALD-2019-11 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-EMERALD-2019-11. 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 rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-EMERALD-2019-11 and should be submitted on or before April 10,
                    <FTREF/>
                     2019.
                </FP>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         17 CFR 200.30-3(a)(12).
                    </P>
                </FTNT>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>22</SU>
                    </P>
                    <NAME>Eduardo A. Aleman,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05215 Filed 3-19-19; 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. 34-85319; File No. SR-CboeEDGA-2019-003]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Amend the Fee Schedule Applicable to Members and Non-Members of the Exchange Pursuant to Exchange Rules 15.1(a) and (c)</SUBJECT>
                <DATE>March 14, 2019.</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 1, 2019, Cboe EDGA Exchange, Inc. (“Exchange” or “EDGA”) 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 EDGA Exchange, Inc. (the “Exchange” or “EDGA”) is filing with the Securities and Exchange Commission (“Commission”) a proposed rule change to amend the fee schedule applicable to Members and non-Members of the Exchange pursuant to Exchange Rules 15.1(a) and (c). The text of the proposed rule change is attached as 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/edga/</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 its fee schedule to add a second Add Volume Tier under footnote 7. The Exchange currently offers one Add Volume Tier, which provides a reduced fee of $0.0026 per share for Members that add an ADAV 
                    <SU>3</SU>
                    <FTREF/>
                     of greater than or equal to 0.10% of the TCV 
                    <SU>4</SU>
                    <FTREF/>
                     for orders that add liquidity yielding fee codes 3,
                    <SU>5</SU>
                    <FTREF/>
                     4,
                    <SU>6</SU>
                    <FTREF/>
                     B,
                    <SU>7</SU>
                    <FTREF/>
                     V,
                    <SU>8</SU>
                    <FTREF/>
                     or Y.
                    <SU>9</SU>
                    <FTREF/>
                     The Exchange now proposes to add a second Add Volume Tier, which will provide a reduced fee of $0.0022 per share for Members that add an ADAV of greater than or equal to 0.45% of the TCV for orders that add liquidity yielding the applicable fee codes. The Exchange believes the proposed change will encourage Members to increase their liquidity on 
                    <PRTPAGE P="10356"/>
                    the Exchange and notes that other exchanges have similar volume tiers.
                    <SU>10</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         ADAV means average daily volume calculated as the number of shares added per day. ADAV is calculated on a monthly basis. 
                        <E T="03">See</E>
                         Exchange's fee schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         TCV means total consolidated volume calculated as the volume reported by all exchanges and trade reporting facilities to a consolidated transaction reporting plan for the month for which the fees apply. 
                        <E T="03">See</E>
                         Exchange's fee schedule.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Fee code 3 is appended to displayed and non-displayed orders which add liquidity to pre and post market (Tape A or C) and are provided a rebate of $0.0030 per share. Such orders are free for securities under $1.00.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         Fee code 4 is appended to displayed and non-displayed orders which add liquidity to pre and post market (Tape B) and are provided a rebate of $0.0030 per share. Such orders are free for securities under $1.00.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         Fee code B is appended to displayed and non-displayed orders which add liquidity to Tape B and are provided a rebate of $0.0030 per share. Such orders are free for securities under $1.00.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         Fee code V is appended to displayed and non-displayed orders which add liquidity to Tape A and are provided a rebate of $0.0030 per share. Such orders are free for securities under $1.00.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         Fee code Y is appended to displayed and non-displayed orders which add liquidity Tape C and are provided a rebate of $0.0030 per share for securities at or above $1.00. Such orders are free for securities under $1.00.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See e.g.,</E>
                         Cboe BYX U.S. Equities Exchange Fee Schedule, Add/Remove Volume Tiers.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that the proposed rule change is consistent with the objectives of Section 6 of the Act,
                    <SU>11</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(4),
                    <SU>12</SU>
                    <FTREF/>
                     in particular, as it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities. The Exchange also notes that it operates in a highly-competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive or incentives to be insufficient. The proposed rule change reflects a competitive pricing structure designed to incentivize market participants to direct their order flow to the Exchange.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         15 U.S.C. 78f.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <P>The Exchange notes that volume-based discounts, such as Add Volume Tier 1 currently maintained on the Exchange, have been widely adopted by other exchanges and are equitable because they are open to all Members on an equal basis and provide additional benefits or discounts that are reasonably related to (i) the value of an exchange's market quality; (ii) associated with higher levels of market activity, such as higher levels of liquidity provision and/or growth patterns; and (iii) introduction of higher volumes of orders into the price and volume discovery processes. In particular, the Exchange believes the addition of a second Add Volume Tier under footnote 7 is reasonable because it provides Members an additional opportunity to receive a reduced rate for orders that add liquidity and is a reasonable means to encourage Members to increase their liquidity on the Exchange. The Exchange also notes that it is reasonable to offer incrementally increasing incentives in which the difficulty in achieving tier criteria also incrementally increases, which contributes to, and increases with, the continuous growth of the Exchange. The Exchange believes that the proposed additional tier deepens the Exchange's liquidity pool to the benefit of investors by encouraging more price competition and providing additional opportunities to trade. Additionally, the Exchange believes that the proposed tier represents an equitable allocation of reasonable dues, fees, and other charges because the thresholds necessary to achieve the proposed Add Volume Tier 2 encourages Members to add additional liquidity to the Exchange. The Exchange further believes the proposed fee change is equitable and non-discriminatory because it applies uniformly to all Members that achieve the proposed Add Volume Tier 2 by executing a significant volume of liquidity providing orders on EDGA.</P>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>This proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe that the proposed changes represent a significant departure from previous pricing offered by the Exchange or from pricing offered by the Exchange's competitors. Additionally, Members may opt to disfavor the Exchange's pricing if they believe that alternatives offer them better value. Accordingly, the Exchange does not believe that the proposed changes will impair competition. The Exchange believes that its proposal would not burden intramarket competition because the proposed rates would apply uniformly to all Members. The Exchange also notes that the proposed change discounts the fees for liquidity added to the Exchange, which is intended to draw additional liquidity to the Exchange to the benefit of all market participants.</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 has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any written comments from members or other interested parties.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>13</SU>
                    <FTREF/>
                     and paragraph (f) of Rule 19b-4 
                    <SU>14</SU>
                    <FTREF/>
                     thereunder. 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>
                    <P>
                        <SU>13</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         17 CFR 240.19b-4(f).
                    </P>
                </FTNT>
                <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">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 SR-CboeEDGA-2019-003 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-CboeEDGA-2019-003. 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 rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CboeEDGA-2019-003 and 
                    <PRTPAGE P="10357"/>
                    should be submitted on or before April 10, 2019.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>15</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>15</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Eduardo A. Aleman,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05218 Filed 3-19-19; 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. 34-85313; File No. SR-MRX-2019-05]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Nasdaq MRX, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to PIM Fees and Rebates</SUBJECT>
                <DATE>March 14, 2019.</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 7, 2019, Nasdaq MRX, LLC (“MRX” or “Exchange”) 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>The Exchange proposes to amend the Pricing Schedule at Options 7, Section 3, entitled “Regular Order Fees and Rebates.”</P>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">http://nasdaqmrx.cchwallstreet.com/,</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 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 the Pricing Schedule at Options 7, Section 3, entitled “Regular Order Fees and Rebates” at Table 2 to (1) lower PIM Fees for Crossing Orders 
                    <SU>3</SU>
                    <FTREF/>
                     for both Penny and Non-Penny Symbols provided certain criteria is met; and (2) increase the PIM rebate in Non-Penny Symbols Fees for Reponses to Crossing Orders provided certain criteria is met. The Exchange will describe each amendment below.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         A “Crossing Order” is an order executed in the Exchange's Facilitation Mechanism, Solicited Order Mechanism, Price Improvement Mechanism (“PIM”) or submitted as a Qualified Contingent Cross order. For purposes of this Pricing Schedule, orders executed in the Block Order Mechanism are also considered Crossing Orders.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">PIM Fees for Crossing Orders</HD>
                <P>
                    Today, MRX assesses an originating PIM Fee for Crossing Orders in Penny and Non-Penny Symbols of $0.20 per contract for Market Maker,
                    <SU>4</SU>
                    <FTREF/>
                     Non-Nasdaq MRX Market Maker,
                    <SU>5</SU>
                    <FTREF/>
                     Firm Proprietary,
                    <SU>6</SU>
                    <FTREF/>
                     Broker-Dealer,
                    <SU>7</SU>
                    <FTREF/>
                     and Professional Customer 
                    <SU>8</SU>
                    <FTREF/>
                     orders, and $0.00 per contract for Priority Customer Orders.
                    <SU>9</SU>
                    <FTREF/>
                     MRX assesses a contra-side PIM Fee for Crossing Orders in all symbols of $0.05 per contract. MRX proposes to offer market participants an opportunity to lower the contra-side Fee for Crossing Orders. Members that execute 10,000 PIM originating contracts or greater, per day, within a month will be assessed a contra-side Fee for Crossing Orders of $0.02 per contract instead of the $0.05 per contract fee.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         A “Market Maker” is a market maker as defined in Nasdaq MRX Rule 100(a)(30). Market Maker fees discussed in this section also apply to Market Maker orders sent to the Exchange by Electronic Access Members.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         A “Non-Nasdaq MRX Market Maker” is a market maker as defined in Section 3(a)(38) of the Securities Exchange Act of 1934, as amended, registered in the same options class on another options exchange.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         A “Firm Proprietary” order is an order submitted by a Member for its own proprietary account.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         A “Broker-Dealer” order is an order submitted by a Member for a broker-dealer account that is not its own proprietary account.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         A “Professional Customer” is a person or entity that is not a broker/dealer and is not a Priority Customer.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         A “Priority Customer” is a person or entity that is not a broker/dealer in securities, and does not place more than 390 orders in listed options per day on average during a calendar month for its own beneficial account(s), as defined in Nasdaq MRX Rule 100(a)(37A).
                    </P>
                </FTNT>
                <P>The Exchange assesses Fees for Reponses to Crossing Order of $0.50 per contract in Penny Symbols and $1.10 per contract in Non-Penny Symbols. These fees are not being amended with this proposal.</P>
                <HD SOURCE="HD3">PIM Rebate</HD>
                <P>Today, MRX pays a rebate to an originating Priority Customer PIM Order that executes with a response (an order or quote), other than the PIM contra-side order, of $0.40 per contract in Penny Symbols and $1.00 per contract in Non-Penny Symbols. MRX proposes to offer market participants an opportunity to increase the PIM rebate for an originating Priority Customer PIM Order. Members that execute 10,000 PIM originating contracts or greater, per day, within a month will receive a rebate of $1.05 per contract in Non-Penny Symbols instead of $1.00 per contract.</P>
                <P>The Exchange believes that this proposal will encourage Members to send additional PIM orders to MRX and cause the origination of PIM auctions. In turn the increased liquidity that may be obtained on MRX in PIM auctions will allow MRX Members the ability to interact with these orders by responding to PIM auctions.</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>10</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,
                    <SU>11</SU>
                    <FTREF/>
                     in particular, in that it provides for the equitable allocation of reasonable dues, fees, and other charges among members and issuers and other persons using any facility, and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers. The Exchange believes that the proposed changes will attract PIM order flow to MRX, which will create trading opportunities on MRX which benefits all Members.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         15 U.S.C. 78f(b)(4) and (5).
                    </P>
                </FTNT>
                <P>
                    The Exchange believes that its proposal to assess contra-side PIM Orders a reduced Fee for Crossing Orders in both Penny and Non-Penny Symbols of $0.02 per contract provided a Member executes 10,000 PIM originating contracts or greater, per day, within a month is reasonable because the Exchange proposes to encourage theses market participants to submit a greater amount of order flow to the MRX PIM auction. The Exchange's proposal 
                    <PRTPAGE P="10358"/>
                    to pay a higher PIM rebate of $1.05 per contract in Non-Penny Symbols to Members that execute 10,000 PIM originating contracts or greater, per day, within a month is reasonable because it will incentivize market participants to send additional PIM order flow to MRX. Greater liquidity in the PIM auction provides additional opportunities for price improvement.
                </P>
                <P>
                    As an example, if an MRX Member submits a Non-Penny Symbol paired order to the PIM auction with an originating Priority Customer Order, the originating Priority Customer Order would pay no Fee for Crossing Orders. The contra-side PIM order would pay a Fee for Crossing Orders of $0.05 per contract.
                    <SU>12</SU>
                    <FTREF/>
                     With this proposal the maximum fee for the contra-side of the PIM order could be reduced to $0.02 per contract provided the Member submitting the paired PIM order executed 10,000 PIM originating contracts or greater, per day, within a month. This proposal offers MRX Members an opportunity initiate PIM auctions at a total maximum cost of $0.02 per contract provided they met the requisite quantity of originating side execution in a PIM auction for the month.
                    <SU>13</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         All market participants on the contra-side of a PIM auction are assessed a Fee for Crossing Orders of $0.05 per contract.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         MRX assesses PIM fees on a monthly basis and the fees would be applied per day, within a month, subject to any business day exclusions. The Exchange notes that this fee is calculated by averaging volume across the month per business day.
                    </P>
                </FTNT>
                <P>
                    If an MRX Member responds to the PIM order, breaking-up the paired order, the responding Member would be assessed a fee of $1.10 per contract.
                    <SU>14</SU>
                    <FTREF/>
                     Because in this example the originating Priority Customer PIM Order executed with a response (order or quote), other than the PIM contra-side order, the Member that entered the paired order would receive a rebate of $0.40 per contract in Penny Symbols and $1.00 per contract in Non-Penny Symbols. With this proposal, the Member that submitted the paired order could achieve the higher rebate of $1.05 per contract, provided the Member executed 10,000 PIM originating contracts or greater, per day in Non-Penny Symbols. The PIM fee paid by the responder assists the Exchange in funding the rebate to encourage Members to submit PIM order flow to the Exchange, which all Members may interact with and respond to within the PIM auction.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         All market participants responding to a PIM auction pay either a $0.50 per contract Penny Symbol or $1.10 Non-Penny Symbol Fee for Reponses to PIM auctions.
                    </P>
                </FTNT>
                <P>The Exchange believes that its proposal to assess contra-side PIM Orders a reduced Fee for Crossing Orders in both Penny and Non-Penny Symbols of $0.02 per contract, provided a Member executes 10,000 PIM originating contracts or greater, per day, within a month, is equitable and not unfairly discriminatory because all Members may achieve this reduced PIM fee provided they execute the requisite quantity of PIM originating contracts. The Exchange's proposal to pay a higher PIM rebate of $1.05 per contract in Non-Penny Symbols to Members that execute 10,000 PIM originating contracts or greater, per day, within a month is equitable and not unfairly discriminatory because all Members may achieve a higher rebate in Non-Penny Symbols provided they execute 10,000 PIM originating contracts or greater, per day, within a month.</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 not necessary or appropriate in furtherance of the purposes of the Act. The Exchange's proposal does not impose a burden on inter-market competition because the proposed fee structure for PIM Orders remains competitive with other options exchanges.
                    <SU>15</SU>
                    <FTREF/>
                     MRX operates in a highly competitive market in which market participants can readily favor competing venues if they deem fee levels at a particular venue to be excessive, or rebate opportunities available at other venues to be more favorable. In such an environment, the Exchange must continually adjust its fees to remain competitive with other exchanges. Because competitors are free to modify their own fees in response, and because market participants may readily adjust their order routing practices, the Exchange believes that the degree to which fee changes in this market may impose any burden on competition is extremely limited.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Cboe EDGX Exchange, Inc.'s Fee Schedule, specifically the BAM Pricing.
                    </P>
                </FTNT>
                <P>The Exchange believes that its proposal to assess contra-side PIM Orders a reduced Fee for Crossing Orders in both Penny and Non-Penny Symbols of $0.02 per contract, provided a Member executes 10,000 PIM originating contracts or greater, per day, within a month, does not impose an undue burden on competition because all Members may achieve this reduced PIM fee provided they execute the requisite quantity of PIM originating contracts. The Exchange's proposal to pay a higher PIM rebate of $1.05 per contract in Non-Penny Symbols to Members that execute 10,000 PIM originating contracts or greater, per day, within a month does not impose an undue burden on competition because all Members may achieve a higher rebate in Non-Penny Symbols provided they execute 10,000 PIM originating contracts or greater, per day, within a month.</P>
                <P>The Exchange believes that the proposed fees do not impact intra-market competition notwithstanding that the proposed per contract fees assessed to Members that respond to a PIM auction pay a greater per contract fee ($0.50 per contract for Penny and $1.10 per contract for Non-Penny) than Members that are contra to a PIM Order ($0.05 or $0.02, as proposed, per contract for all options series). The Exchange notes that Members who commence a PIM auction guarantee the execution of the agency order. Members may choose to respond to a PIM auction if they desire to participate in the auction and potentially improve the price and execute against the agency order. Initiators assume a greater risk when they guarantee the trade. Initiators provide liquidity when they initiate a PIM auction and provide an opportunity for any Member to interact with the order flow within the PIM auction. All Members that operate an agency business may initiate a PIM Order, and all Members are able to participate by responding to PIM auctions. The Exchange believes assessing responders a higher fee as compared to an initiator does not impose an undue burden on intra-market competition because Members that initiate PIM auctions bring order flow to ISE [sic] for all Members to interact with by responding to a PIM auction. The Exchange desires to incentivize these Members for bringing order flow and initiating PIM auctions. Responders are assessed a higher fee to respond to these PIM auctions because they are not required to participate in the PIM auction and also because they may respond during the final millisecond of the auction timer and assume less risk by obtaining more certainty with respect to price. If no one responds to the PIM auction, the initiator will execute the paired order.</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>
                    No written comments were either solicited or received.
                    <PRTPAGE P="10359"/>
                </P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act.
                    <SU>16</SU>
                    <FTREF/>
                     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: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <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">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 SR-MRX-2019-05 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-MRX-2019-05. 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 rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-MRX-2019-05 and should be submitted on or before April 10,
                    <FTREF/>
                     2019.
                </FP>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         17 CFR 200.30-3(a)(12).
                    </P>
                </FTNT>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>17</SU>
                    </P>
                    <NAME>Eduardo A. Aleman,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05212 Filed 3-19-19; 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. 34-85314; File No. SR-MIAX-2019-07]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Miami International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule</SUBJECT>
                <DATE>March 14, 2019.</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 February 28, 2019, Miami International Securities Exchange LLC (“MIAX Options” 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 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>The Exchange is filing a proposal to amend the MIAX Options Fee Schedule (the “Fee Schedule”).</P>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">http://www.miaxoptions.com/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 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 the list of MIAX Select Symbols 
                    <SU>3</SU>
                    <FTREF/>
                     contained in the Priority Customer Rebate Program (the “Program”) 
                    <SU>4</SU>
                    <FTREF/>
                     of the Exchange's Fee Schedule to delete the symbol “VXX” associated with iPath S&amp;P 500 VIX Short-Term Futures ETN (“VXX ETN”).
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The term “MIAX Select Symbols” means options overlying AAL, AAPL, AIG, AMAT, AMD, AMZN, BA, BABA, BB, BIDU, BP, C, CAT, CBS, CELG, CLF, CVX, DAL, EBAY, EEM, FB, FCX, GE, GILD, GLD, GM, GOOGL, GPRO, HAL, HTZ, INTC, IWM, JCP, JNJ, JPM, KMI, KO, MO, MRK, NFLX, NOK, ORCL, PBR, PFE, PG, QCOM, QQQ, RIG, S, SPY, T, TSLA, USO, VALE, VXX, WBA, WFC, WMB, WY, X, XHB, XLE, XLF, XLP, XOM and XOP.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         section (1)(a)(iii) of the Fee Schedule for a complete description of the Program.
                    </P>
                </FTNT>
                <P>
                    The Exchange initially created the list of MIAX Select Symbols on March 1, 2014,
                    <SU>5</SU>
                    <FTREF/>
                     and has added and removed option classes from that list since that time.
                    <SU>6</SU>
                    <FTREF/>
                     Select Symbols are rebated slightly higher in certain Program tiers than non-Select Symbols. The Exchange notes that the VXX ETN matured on January 30, 2019.
                    <SU>7</SU>
                    <FTREF/>
                     Options on the VXX 
                    <PRTPAGE P="10360"/>
                    ETN (“VXX options”) were authorized to be listed for trading on the Exchange pursuant to Rule 402, but are no longer listed for trading since the VXX ETN matured and VXX ETN shares are no longer listed for trading on equity trading venues.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 71700 (March 12, 2014), 79 FR 15188 (March 18, 2014) (SR-MIAX-2014-13).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release Nos. 8109 (June 26, 2017), 82 FR 29962 (June 30, 2017) (SR-MIAX-2017-29); 79301 (November 14, 2016), 81 FR 81854 (November 18, 2016) (SR-MIAX-2016-42); 74291(February 18, 2015), 80 FR 9841 (February 24, 2015) (SR-MIAX-2015-09); 74288 (February 18, 2015), 80 FR 9837 (February 24, 2015) (SR-MIAX-2015-08); 73328 (October 9, 2014), 79 FR 62230 (October 16, 2014) (SR-MIAX-2014-50); 72567 (July 8, 2014), 79 FR 40818 (July 14, 2014) (SR-MIAX-2014-34); 72356 (June 10, 2014), 79 FR 34384 (June 16, 2014) (SR-MIAX-2014-26); 71700 (March 12, 2014), 79 FR 15188 (March 18, 2014) (SR-MIAX-2014-13).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Prospectus and Pricing Supplement for iPath S&amp;P 500 VIX Short-Term Futures ETN 
                        <PRTPAGE/>
                        available at 
                        <E T="03">http://www.ipathetn.com/US/16/en/documentation.app?instrumentId=259118&amp;documentId=6204338.</E>
                    </P>
                </FTNT>
                <P>Accordingly, the Exchange is amending its Fee Schedule to delete the symbol VXX from the list of MIAX Select Symbols contained in the Program. This amendment is intended to eliminate any potential confusion and to make it clear to market participants that VXX will not be a MIAX Select Symbol contained in the Program as VXX Options are no longer listed on the Exchange.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that its proposal to amend the Fee Schedule is consistent with Section 6(b) of the Act 
                    <SU>8</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(4) of the Act,
                    <SU>9</SU>
                    <FTREF/>
                     in that it is an equitable allocation of reasonable fees and other charges among Exchange members and other persons using its facilities, and 6(b)(5) of the Act,
                    <SU>10</SU>
                    <FTREF/>
                     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 mechanisms 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>8</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         15 U.S.C. 78f(b)(1) and (b)(5).
                    </P>
                </FTNT>
                <P>In particular, the proposal to delete the symbol VXX from the list of MIAX Select Symbols contained in the Program is consistent with Section 6(b)(4) of the Act because the proposed changes will allow for continued benefit to investors by providing them an updated list of MIAX Select Symbols contained in the Program on the Fee Schedule.</P>
                <P>
                    The Exchange believes that the proposal to amend an option class that qualifies for the credit for transactions in MIAX Select Symbols is fair, equitable and not unreasonably discriminatory. The Exchange believes that the Program itself is reasonably designed because it incentivizes providers of Priority Customer 
                    <SU>11</SU>
                    <FTREF/>
                     order flow to send that Priority Customer order flow to the Exchange in order to receive a credit in a manner that enables the Exchange to improve its overall competitiveness and strengthen its market quality for all market participants. The Program, which provides increased incentives in certain tiers in high volume select symbols, is also reasonably designed to increase the competitiveness of the Exchange with other options exchanges that also offer increased incentives to higher volume symbols.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         The term “Priority Customer” means a person or entity that (i) is not a broker or dealer in securities, and (ii) does not place more than 390 orders in listed options per day on average during a calendar month for its own beneficial account(s). 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <P>The Exchange also believes that its proposal is consistent with Section 6(b)(5) of the Act because it will apply equally to all Priority Customer orders in MIAX Select Symbols in the Program. All similarly situated Priority Customer orders in MIAX Select Symbols are subject to the same rebate schedule, and access to the Exchange is offered on terms that are not unfairly discriminatory.</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 result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. The proposed rule change is a not a competitive filing but rather is designed to update the list of MIAX Select Symbols contained in the Program in order to avoid potential confusion on the part of market participants.</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>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act,
                    <SU>12</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) 
                    <SU>13</SU>
                    <FTREF/>
                     thereunder. 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 shall institute proceedings to determine whether the proposed rule should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         17 CFR 240.19b-4(f)(2).
                    </P>
                </FTNT>
                <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">(http://www.sec.gov/rules/sro.shtml);</E>
                     or
                </P>
                <P>
                    • Send an email 
                    <E T="03">to rule-comments@sec.gov.</E>
                     Please include File Number SR-MIAX-2019-07 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-2019-07. 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">http://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 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-MIAX-2019-07 and should be submitted on or before April 10, 2019.
                    <FTREF/>
                </FP>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         17 CFR 200.30-3(a)(12).
                    </P>
                </FTNT>
                <SIG>
                    <PRTPAGE P="10361"/>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>14</SU>
                    </P>
                    <NAME>Eduardo A. Aleman,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05213 Filed 3-19-19; 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. 34-85320; File No. SR-CboeBZX-2019-014]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating To Amend the Fee Schedule Applicable to Members and Non-Members of the Exchange Pursuant to BZX Rules 15.1(a) and (c)</SUBJECT>
                <DATE> March 14, 2019.</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 1, 2019, 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. (the “Exchange” or “BZX”) is filing with the Securities and Exchange Commission (“Commission”) a proposed rule change to amend the fee schedule applicable to Members and non-Members 
                    <SU>3</SU>
                    <FTREF/>
                     of the Exchange pursuant to BZX Rules 15.1(a) and (c). The text of the proposed rule change is attached as Exhibit 5 [sic].
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         A Member is defined as “any registered broker or dealer that has been admitted to membership in the Exchange.” See Exchange Rule 1.5(n).
                    </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 amend the fee schedule applicable to its equities trading platform (“BZX Equities”) to (1) add a fourth Step-Up Tier under footnote 2, and (2) amend the second Single MPID Investor Tier under footnote 4.</P>
                <HD SOURCE="HD3">Step-Up Tier 4</HD>
                <P>
                    The Exchange currently offers three Step-Up Tiers that provide Members with additional ways to qualify for an enhanced rebate where they increase their relative liquidity each month over a predetermined baseline. Under the current Step-Up Tiers, a Member receives a rebate of $0.0030 (Tier 1) or $0.0031 (Tier 2 and Tier 3) per share for qualifying orders which yield fee codes B,
                    <SU>4</SU>
                    <FTREF/>
                     V,
                    <SU>5</SU>
                    <FTREF/>
                     or Y 
                    <SU>6</SU>
                    <FTREF/>
                     if the corresponding required criteria per tier is met.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         Fee code B is appended to displayed orders which add liquidity to Tape B and is provided a rebate of $0.0025 per share.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Fee code V is appended to displayed orders which add liquidity to Tape A and is provided a rebate of $0.0020 per share.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         Fee code Y is appended to displayed orders which add liquidity to Tape C and is provided a rebate of $0.0020 per share.
                    </P>
                </FTNT>
                <P>
                    The Exchange now proposes to amend footnote 2 to add a fourth Step-Up Tier. Under the proposed Step-Up Tier 4, a Member would receive a rebate of $0.0032 per share for their qualifying orders which yield fee codes B, V, or Y where the Member has a Step-Up Add TCV from December 2018 greater or equal to 0.50%. As currently defined in the BZX Equities fee schedule, Step-Up Add TCV means ADAV 
                    <SU>7</SU>
                    <FTREF/>
                     as a percentage of TCV 
                    <SU>8</SU>
                    <FTREF/>
                     in the relevant baseline month subtracted from current ADAV as a percentage of TCV.
                    <SU>9</SU>
                    <FTREF/>
                     Members that achieve the proposed Step-Up Tier 4 must therefore increase the amount of liquidity that they provide on BZX by .50% relative to their ADAV as a percentage of TCV in December 2018, thereby contributing to a deeper and more liquid market.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         “ADAV” means average daily volume calculated as the number of shares added per day. ADAV is calculated on a monthly basis.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         “TCV” means total consolidated volume calculated as the volume reported by all exchanges and trade reporting facilities to a consolidated transaction reporting plan for the month for which the fees apply.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         The following demonstrates how Step-Up Add TCV is calculated: In December 2018, Member A had an ADAV of 12,947,242 shares and average daily TCV was 9,248,029,751, resulting in an ADAV as a percentage of TCV of 0.14%; In February 2019, Member A had an ADAV of 46,826,572 and average daily TCV was 7,093,306,325, resulting in an ADAV as a percentage of TCV of 0.66%. Member A's Step-Up Add TCV from December 2018 was therefore 0.52% which makes Member A eligible for the Tier 3 rebate. (
                        <E T="03">i.e.,</E>
                         0.66% (Feb 2019) − 0.14% (Dec 2018), which is greater than 0.50% as required by Tier 3).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Single MPID Investor Tier 2</HD>
                <P>
                    The Exchange currently offers two Single MPID Investor Tier under Footnote 4 of the fee schedule that provides Members with an additional way to qualify for an enhanced rebate for orders yielding fee codes B,
                    <SU>10</SU>
                    <FTREF/>
                     V,
                    <SU>11</SU>
                    <FTREF/>
                     or Y.
                    <SU>12</SU>
                    <FTREF/>
                     The distinction between the Single MPID Investor Tiers and other tiers offered by the Exchange, is that the volume measured to determine whether a Member qualifies is performed on a Member Participant Identifier (“MPID”) basis. Currently, a Member receives a $0.0031 (Tier 1) or $0.0036 (Tier 2) per share rebate for qualifying orders per MPID which yield the applicable fee codes if the corresponding required criteria per tier is met. Specifically, the current Tier 2 provides Members an opportunity to receive an enhanced rebate of $0.0036 per share where the Member's MPID has an ADAV 
                    <SU>13</SU>
                    <FTREF/>
                     as a percentage of TCV 
                    <SU>14</SU>
                    <FTREF/>
                     greater than or equal to 2.25% on orders yielding the applicable fee codes.
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See supra</E>
                         note 5.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See supra</E>
                         note 6.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See supra</E>
                         note 7.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See supra</E>
                         note 8.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See supra</E>
                         note 9.
                    </P>
                </FTNT>
                <P>
                    The Exchange now proposes to amend Tier 2 of the Single MPID Investor Tiers so that a Member would receive a rebate of $0.0032 per share for qualifying orders on an MPID basis which yield fee codes B, V, or Y where the MPID has an ADAV as a percentage of TCV greater or equal to .75% on orders yielding the applicable fee codes, and where the MPID has an ADAV as a percentage of ADV 
                    <SU>15</SU>
                    <FTREF/>
                     greater than or equal to 80% on 
                    <PRTPAGE P="10362"/>
                    orders yielding the applicable fee codes. The proposed change intends to ease Tier 2's current criteria and encourage entry of additional orders to the Exchange.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         “ADV” means average daily volume calculated as the number of shares added or removed, 
                        <PRTPAGE/>
                        combined, per day. ADV is calculated on a monthly basis.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that the proposed rule changes are consistent with the objectives of Section 6 of the Act,
                    <SU>16</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(4),
                    <SU>17</SU>
                    <FTREF/>
                     in particular, as it is designed to provide for the equitable allocation of reasonable dues, fees and other charges among its Members and other persons using its facilities. The Exchange also notes that it operates in a highly-competitive market in which market participants can readily direct order flow to competing venues if they deem fee levels at a particular venue to be excessive or incentives to be insufficient. The proposed rule changes reflect a competitive pricing structure designed to incentivize market participants to direct their order flow to the Exchange.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         15 U.S.C. 78f.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <P>
                    The Exchange notes that rebates such as those proposed herein have been widely adopted by exchanges,
                    <SU>18</SU>
                    <FTREF/>
                     including the Exchange,
                    <SU>19</SU>
                    <FTREF/>
                     and are equitable because they are open to all Members on an equal basis and provide additional benefits or discounts that are reasonably related to: (i) The value to an exchange's market quality and (ii) associated higher levels of market activity, such as higher levels of liquidity provision and/or growth patterns. The Exchange believes that the proposed fourth Step-Up Tier and the proposed amendments to the second Single MPID Investor Tier are a reasonable, fair and equitable, and not unfairly discriminatory allocation of fees and rebates because the proposed changes will continue to provide Members with an incentive to reach certain thresholds on the Exchange.
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See e.g.,</E>
                         NYSE Arca Equities, Fees and Charges, Step Up Tiers; NASDAQ Rule 7018(a) &amp; Rule 7014(j).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See</E>
                         Cboe BZX U.S. Equities Exchange Fee Schedule, Footnote 2, Step-Up Tiers 1-3 &amp; Footnote 4, Single MPID Investor Tiers 1-2.
                    </P>
                </FTNT>
                <P>In particular, the Exchange believes the proposed Step-Up Tier 4 is a reasonable means to encourage Members to increase their liquidity on the Exchange based on increasing their relative volume above a predetermined baseline. The proposed fourth tier creates an additional opportunity for Members to receive an enhanced rebate for contributing increased liquidity as compared to the end of the previous year (2018). Increased liquidity benefits all investors by deepening the Exchange's liquidity pool, offering additional flexibility for all investors to enjoy cost savings, supporting the quality of price discovery, promoting market transparency and improving investor protection. The Exchange also believes that proposed rebate is reasonable based on the difficulty of satisfying the tier's criteria, using December 2018 as the predetermined baseline. Furthermore, the Exchange believes that the proposed Step-Up Tier 4 is not unfairly discriminatory as it applies to all Members that meet the required criteria.</P>
                <P>Similarly, the Exchange believes the proposed modification decreasing the ADAV as a percentage of TCV criteria while implementing a percentage of ADV criteria that a Member must meet per MPID to receive the rebate under the second Single MPID Investor Tier is a reasonable means to further incentive Members to send a higher level of orders to the Exchange. The Exchange believes that decreasing the tier's criteria, although modestly, will encourage those Members who could not achieve the tier previously to increase their order flow as a means to receive the tier's enhanced rebate on an MPID basis. The Exchange also believes that the proposed lesser rebate than offered before is reasonable as it is commensurate with the proposed decreased criteria. In addition to this, the Exchange believes that the proposed supplementary ADAV as a percentage of ADV criteria to achieve Tier 2 is reasonable because it is related to the current criteria in Tier 1 and proposed criteria (as described above) in Tier 2, and reasonably reflects the scaled difficulty from achieving Tier 1 to achieving Tier 2. As a result, the Exchange believes that the proposed Tier 2 modifications and the additional criteria are reasonable and equitable because they will provide Members who viewed the current criteria as too high and did not previously attempt to achieve the tier's criteria with an incentive (albeit a lesser rebate than before) to add order flow to reach the new lower threshold, while ensuring that the Tier 2 threshold appropriately reflects a scaled difficulty from that of achieving Tier 1. Furthermore, the Exchange believes that the proposed criteria to Tier 2 is non-discriminatory because it applies and is available to all Members.</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 changes will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The Exchange does not believe the proposed change burdens competition, but rather, enhances competition as it is intended to increase the competitiveness of BZX by adopting an additional pricing incentives and modifying existing pricing incentives in order to attract order flow and incentivize participants to increase their participation on the Exchange. The Exchange notes that it operates in a highly competitive market in which market participants can readily direct order flow to competing venues if they deem fee structures to be unreasonable or excessive. Accordingly, the Exchange does not believe that the proposed change will impair the ability of Members or competing venues to maintain their competitive standing in the financial markets. The Exchange also notes that the proposed change is intended to enhance the rebate for liquidity added to the Exchange, which is intended to draw additional liquidity to the Exchange to the benefit of all market participants. The Exchange does not believe the proposed amendment would burden intramarket competition as it would be available to all Members uniformly.</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>No written comments were either solicited or received.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>20</SU>
                    <FTREF/>
                     and paragraph (f) of Rule 19b-4 
                    <SU>21</SU>
                    <FTREF/>
                     thereunder. 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>
                    <P>
                        <SU>20</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         17 CFR 240.19b-4(f).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>
                    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, 
                    <PRTPAGE P="10363"/>
                    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">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 SR-CboeBZX-2019-014 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-CboeBZX-2019-014. 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">http://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 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-CboeBZX-2019-014 and should be submitted on or before April 10, 2019.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>22</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>22</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Eduardo A. Aleman,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05219 Filed 3-19-19; 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. 34-85318; File No. SR-MIAX-2019-10]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule</SUBJECT>
                <DATE>March 14, 2019.</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 1, 2019, Miami International Securities Exchange LLC (“MIAX Options” 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 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>The Exchange is filing a proposal to amend the MIAX Options Fee Schedule (the “Fee Schedule”) to modify certain of the Exchange's system connectivity fees.</P>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">http://www.miaxoptions.com/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 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 the Fee Schedule regarding connectivity to the Exchange. Specifically, the Exchange proposes to amend Sections 5a) and b) of the Fee Schedule to increase the network connectivity fees for the 1 Gigabit (“Gb”) fiber connection, the 10Gb fiber connection, and the 10Gb ultra-low latency (“ULL”) fiber connection, which are charged to both Members 
                    <SU>3</SU>
                    <FTREF/>
                     and non-Members of the Exchange for connectivity to the Exchange's primary/secondary facility. The Exchange also proposes to increase the network connectivity fees for the 1Gb and 10Gb fiber connections for connectivity to the Exchange's disaster recovery facility. Each of these connections are shared connections, and thus can be utilized to access both the Exchange and the Exchange's affiliate, MIAX PEARL, LLC (“MIAX PEARL”). These proposed fee increases are collectively referred to herein as the “Proposed Fee Increases.”
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The term “Member” means an individual or organization approved to exercise the trading rights associated with a Trading Permit. Members are deemed “members” under the Exchange Act. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <P>
                    The Exchange initially filed the Proposed Fee Increases on July 31, 2018, designating the Proposed Fee Increases effective August 1, 2018.
                    <SU>4</SU>
                    <FTREF/>
                     The First Proposed Rule Change was published for comment in the 
                    <E T="04">Federal Register</E>
                     on August 13, 2018.
                    <SU>5</SU>
                    <FTREF/>
                     The Commission received one comment letter on the proposal.
                    <SU>6</SU>
                    <FTREF/>
                     The Proposed Fee Increases remained in effect until they were temporarily suspended pursuant to a suspension order (the “Suspension Order”) issued by the Commission on September 17, 2018.
                    <SU>7</SU>
                    <FTREF/>
                     The Suspension Order also instituted proceedings to determine whether to approve or 
                    <PRTPAGE P="10364"/>
                    disapprove the First Proposed Rule Change.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 83786 (August 7, 2018), 83 FR 40106 (August 13, 2018) (SR-MIAX-2018-19). (The “First Proposed Rule Change”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         Letter from Tyler Gellasch, Executive Director, The Healthy Markets Association, to Brent J. Fields, Secretary, Commission, dated September 4, 2018 (“Healthy Markets Letter”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 34-84175 (September 17, 2018), 83 FR 47955 (September 21, 2018) (SR-MIAX-2018-19) (Suspension of and Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change To Amend the Fee Schedule Regarding Connectivity Fees for Members and Non-Members).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>The Healthy Markets Letter argued that the Exchange did not provide sufficient information in its filing to support a finding that the proposal is consistent with the Act. Specifically, the Healthy Markets Letter objected to the Exchange's reliance on the fees of other exchanges to demonstrate that its fee increases are consistent with the Act. In addition, the Healthy Markets Letter argued that the Exchange did not offer any details to support its basis for asserting that the proposed fee increases are consistent with the Act.</P>
                <P>
                    On October 5, 2018, the Exchange withdrew the First Proposed Rule Change.
                    <SU>9</SU>
                    <FTREF/>
                     The Exchange refiled the Proposed Fee Increases on September 18, 2018, designating the Proposed Fee Increases immediately effective.
                    <SU>10</SU>
                    <FTREF/>
                     The Second Proposed Rule Change was published for comment in the 
                    <E T="04">Federal Register</E>
                     on October 10, 2018.
                    <SU>11</SU>
                    <FTREF/>
                     The Commission received one comment letter on the proposal.
                    <SU>12</SU>
                    <FTREF/>
                     The Proposed Fee Increases remained in effect until they were temporarily suspended pursuant to a suspension order (the “Second Suspension Order”) issued by the Commission on October 3, 2018.
                    <SU>13</SU>
                    <FTREF/>
                     The Second Suspension Order also instituted proceedings to determine whether to approve or disapprove the Second Proposed Rule Change.
                    <SU>14</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 84398 (October 10, 2018), 83 FR 52264 (October 16, 2018) (SR-MIAX-2018-19 (Notice of Withdrawal of a Proposed Rule Change To Amend the Fee Schedule Regarding Connectivity Fees for Members and Non-Members).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 84357 (October 3, 2018), 83 FR 50976 (October 10, 2018) (SR-MIAX-2018-25). (The “Second Proposed Rule Change”.) (Notice of Filing of a Proposed Rule Change To Amend the Fee Schedule Regarding Connectivity Fees for Members and Non-Members; Suspension of and Order Instituting Proceedings To Determine Whether To Approve or Disapprove the Proposed Rule Change).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         Letter from Theodore R. Lazo, Managing Director and Associate General Counsel, and Ellen Greene, Managing Director Financial Services Operations, The Securities Industry and Financial Markets Association (“SIFMA”), to Brent J. Fields, Secretary, Commission, dated October 15, 2018 (“SIFMA Letter”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See supra</E>
                         note 10.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    The SIFMA Letter argued that the Exchange did not provide sufficient information in its filing to support a finding that the proposal should be approved by the Commission after further review of the proposed fee increases. Specifically, the SIFMA Letter objected to the Exchange's reliance on the fees of other exchanges to justify its own fee increases. In addition, the SIFMA Letter argued that the Exchange did not offer any details to support its basis for asserting that the proposed fee increases are reasonable. On November 23, 2018, the Exchange withdrew the Second Proposed Rule Change.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 84650 (November 26, 2018), 83 FR 61705 (November 30, 2018) (SR-MIAX-2018-25) (Notice of Withdrawal of a Proposed Rule Change To Amend the Fee Schedule Regarding Connectivity Fees for Members and Non-Members.).
                    </P>
                </FTNT>
                <P>The Exchange is now re-filing the Proposed Fee Increases, and is also providing new information, including providing additional detail about the market participants impacted by the Proposed Fee Increases, as well as the additional costs incurred by the Exchange associated with providing the connectivity alternatives, in order to provide more transparency and support relating to the Exchange's belief that the Proposed Fee Increases are reasonable, equitable, and non-discriminatory, and to provide sufficient information for the Commission to determine that the Proposed Fee Increases are consistent with the Act. The proposed rule change is immediately effective upon filing with the Commission pursuant to Section 19(b)(3)(A) of the Act.</P>
                <P>The Exchange currently offers various bandwidth alternatives for connectivity to the Exchange, to its primary and secondary facilities, consisting of a 1Gb fiber connection, a 10Gb fiber connection, and a 10Gb ULL fiber connection. The 10Gb ULL offering uses an ultra-low latency switch, which provides faster processing of messages sent to it in comparison to the switch used for the other types of connectivity. The Exchange currently assesses the following monthly network connectivity fees to both Members and non-Members for connectivity to the Exchange's primary/secondary facility: (a) $1,100 for the 1Gb connection; (b) $5,500 for the 10Gb connection; and (c) $8,500 for the 10Gb ULL connection. The Exchange also assesses to both Members and non-Members a monthly per connection network connectivity fee of $500 for each 1Gb connection to the disaster recovery facility and a monthly per connection network connectivity fee of $2,500 for each 10Gb connection to the disaster recovery facility.</P>
                <P>The Exchange's MIAX Express Network Interconnect (“MENI”) can be configured to provide Members and non-Members of the Exchange network connectivity to the trading platforms, market data systems, test systems, and disaster recovery facilities of both the Exchange and its affiliate, MIAX PEARL, via a single, shared connection. Members and non-Members utilizing the MENI to connect to the trading platforms, market data systems, test systems and disaster recovery facilities of the Exchange and MIAX PEARL via a single, shared connection are assessed only one monthly network connectivity fee per connection, regardless of the trading platforms, market data systems, test systems, and disaster recovery facilities accessed via such connection.</P>
                <P>The Exchange proposes to increase the monthly network connectivity fees for such connections for both Members and non-Members. The network connectivity fees for connectivity to the Exchange's primary/secondary facility will be increased as follows: (a) From $1,100 to $1,400 for the 1Gb connection; (b) from $5,500 to $6,100 for the 10Gb connection; and (c) from $8,500 to $9,300 for the 10Gb ULL connection. The network connectivity fees for connectivity to the Exchange's disaster recovery facility will be increased as follows: (a) From $500 to $550 for the 1Gb connection; and (b) from $2,500 to $2,750 for the 10Gb connection.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that its proposal to amend its Fee Schedule is consistent with Section 6(b) of the Act 
                    <SU>16</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(4) of the Act 
                    <SU>17</SU>
                    <FTREF/>
                     in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among Exchange Members and issuers and other persons using any facility or system which the Exchange operates or controls. The Exchange also believes the proposal furthers the objectives of Section 6(b)(5) of the Act 
                    <SU>18</SU>
                    <FTREF/>
                     in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest and is not designed to permit unfair discrimination between customer, issuers, brokers and dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>
                    First, the Exchange believes that its proposal is consistent with Section 6(b)(4) of the Act, in that the Proposed Fee Changes are fair, equitable and not unreasonably discriminatory, because the fees for the connectivity alternatives available on the Exchange, as proposed to be increased, are competitive and market-driven. The U.S. options markets are highly competitive (there are currently 16 options markets) and a reliance on competitive markets is an 
                    <PRTPAGE P="10365"/>
                    appropriate means to ensure equitable and reasonable prices.
                </P>
                <P>The Exchange acknowledges that there is no regulatory requirement that any market participant connect to the Exchange, or that any participant connect at any specific connection speed. The rule structure for options exchanges are, in fact, fundamentally different from those of equities exchanges. The Exchange further recognizes that the decision of whether to connect to the Exchange is separate and distinct from the decision of whether and how to trade on the Exchange. The Exchange acknowledges that many firms may choose to connect to the Exchange, but ultimately not trade on it.</P>
                <P>
                    The Exchange 
                    <SU>19</SU>
                    <FTREF/>
                     and MIAX PEARL 
                    <SU>20</SU>
                    <FTREF/>
                     are comprised of 41 distinct Members between the two exchanges, excluding any additional affiliates of such Members that are also Members of MIAX Options, MIAX PEARL, or both. Of those 41 distinct Members, 33 Members have purchased the 1Gb, 10Gb, 10Gb ULL connections or some combination of multiple various connections. Furthermore, every Member who has purchased at least one connection also trades on the Exchange, MIAX PEARL, or both, with the exception of one new Member who is currently in the on-boarding process. The 8 remaining Members who have not purchased any connectivity to the Exchange are still able to trade on the Exchange indirectly through other Members or non-Member service bureaus that are connected. These 8 Members who have not purchased connectivity are not forced or compelled to purchase connectivity, and they retain all of the other benefits of Membership with the Exchange. Accordingly, Members have the choice to purchase connectivity and are not compelled to do so in any way.
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         The Exchange has 38 distinct Members, excluding affiliated entities. 
                        <E T="03">See</E>
                         MIAX Options Exchange Member Directory, available at 
                        <E T="03">https://www.miaxoptions.com/exchange-members.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         MIAX PEARL has 36 distinct Members, excluding affiliated entities. 
                        <E T="03">See</E>
                         MIAX PEARL Exchange Member Directory, available at 
                        <E T="03">https://www.miaxoptions.com/exchange-members/pearl.</E>
                    </P>
                </FTNT>
                <P>
                    With respect to options trading, the Exchange had only 4.39% market share of the U.S. options industry in 2018 in Equity/ETF classes according to the OCC.
                    <SU>21</SU>
                    <FTREF/>
                     For all of 2018, the Exchange's affiliate, MIAX PEARL, had only 4.82% market share of the U.S. options industry in Equity/ETF classes according to the OCC.
                    <SU>22</SU>
                    <FTREF/>
                     The Exchange is aware of no evidence that a combined market share of less than 10% provides the Exchange with anti-competitive pricing power.
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See</E>
                         Exchange Market Share of Equity Products—2018, The Options Clearing Corporation, available at 
                        <E T="03">https://www.theocc.com/webapps/exchange-volume.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    Separately, the Exchange is not aware of any reason why market participants could not simply drop their connections and cease being Members of the Exchange if the Exchange were to establish unreasonable and uncompetitive price increases for its connectivity alternatives. No options market participant is required by rule, regulation, or competitive forces to be a Member of the Exchange. Several market participants choose not to be Members of the Exchange and choose not to access the Exchange, and several market participants also access the Exchange indirectly through another market participant. To illustrate, the Exchange has only 45 Members (including all such Members' affiliate Members). However, Cboe Exchange, Inc. (“Cboe”) has over 200 members,
                    <SU>23</SU>
                    <FTREF/>
                     Nasdaq ISE, LLC has approximately 100 members,
                    <SU>24</SU>
                    <FTREF/>
                     and NYSE American LLC has over 80 members.
                    <SU>25</SU>
                    <FTREF/>
                     If all market participants were required to be Members of the Exchange and connect directly to the Exchange, the Exchange would have over 200 Members, in line with Cboe's total membership. But it does not. The Exchange only has 45 Members (inclusive of Members' affiliates).
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         
                        <E T="03">See</E>
                         Form 1/A, filed August 30, 2018 (
                        <E T="03">https://www.sec.gov/Archives/edgar/vprr/1800/18002831.pdf</E>
                        ); Form 1/A, filed August 30, 2018 (
                        <E T="03">https://www.sec.gov/Archives/edgar/vprr/1800/18002833.pdf</E>
                        ); Form 1/A, filed July 24, 2018 (
                        <E T="03">https://www.sec.gov/Archives/edgar/vprr/1800/18002781.pdf</E>
                        ); Form 1/A, filed August 30, 2018 (
                        <E T="03">https://www.sec.gov/Archives/edgar/data/1473845/999999999718007832/9999999997-18-007832-index.htm</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         
                        <E T="03">See</E>
                         Form 1/A, filed July 1, 2016 (
                        <E T="03">https://www.sec.gov/Archives/edgar/vprr/1601/16019243.pdf</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         
                        <E T="03">See https://www.nyse.com/markets/american-options/membership#directory.</E>
                    </P>
                </FTNT>
                <P>
                    The Exchange finds it compelling that all of the Exchange's existing Members continued to purchase the Exchange's connectivity services during the period for which the Proposed Fee Increases took effect in August 2018. In particular, the Exchange believes that the Proposed Fee Increases are reasonable because the Exchange did not lose any Members (or the number of connections each Member purchased) or non-Member connections due to the Exchange increasing its connectivity fees through the First Proposed Rule Change, which fee increase became effective August 1, 2018. For example, in July 2018, fourteen (14) Members purchased 1Gb connections, ten (10) Members purchased 10Gb connections, and fifteen (15) Members purchased 10Gb ULL connections. (The Exchange notes that 1Gb connections are purchased primarily by EEM Members; 10Gb ULL connections are purchased primarily by higher volume Market Makers quoting all products across both MIAX and MIAX PEARL; and 10Gb connections are purchased by higher volume EEMs and lower volume Market Makers.) The vast majority of those Members purchased multiple such connections with the actual number of connections depending on the Member's throughput requirements based on the volume of their quote/order traffic associated with their business model. After the fee increase, beginning August 1, 2018, the same number of Members purchased the same number of connections.
                    <SU>26</SU>
                    <FTREF/>
                     Furthermore, the total number of connections did not decrease from July to August 2018, and in fact one Member even purchased two (2) additional 10Gb ULL connections in August 2018, after the fee increase.
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         The Exchange notes that one Member downgraded one connection in July, however such downgrade was done well ahead of notice of the Proposed Fee Increase and was the result of a change to the Member's business operation that was completely independent of, and unrelated to, the Proposed Fee Increases.
                    </P>
                </FTNT>
                <P>Also, in July 2018, four (4) non-Members purchased 1Gb connections, two (2) non-Members purchased 10Gb connections, and one (1) non-Member purchased 10Gb ULL connections. After the fee increase, beginning August 1, 2018, the same non-Members purchased the same number of connections across all available alternatives and two (2) additional non-Members purchased three (3) more connections after the fee increase. These non-Members freely purchased their connectivity with the Exchange in order to offer trading services to other firms and customers, as well as access to the market data services that their connections to the Exchange provide them, but they are not required or compelled to purchase any of the Exchange's connectivity options.</P>
                <P>
                    Of those Members and non-Members that bought multiple connections, no firm dropped any connections beginning August 1, 2018, when the Exchange increased its fees. Nor did the Exchange lose any Members. Furthermore, the Exchange did not receive any comment letters or official complaints from any Member or non-Member purchaser of connectivity regarding the increased fees regarding how the fee increase was unreasonable, unduly burdensome, or would negatively impact their competitiveness 
                    <PRTPAGE P="10366"/>
                    amongst other market participants. Therefore, the Exchange believes that the Proposed Fee Increases are fair, equitable, and non-discriminatory, as the fees are competitive.
                </P>
                <P>The Exchange believes that the Proposed Fee Increases are equitably allocated among Members and non-Members, as evidenced by the fact that the fee increases are allocated across all connectivity alternatives, and there is not a disproportionate number of Members purchasing any alternative—fourteen (14) Members purchased 1Gb connections, ten (10) Members purchased 10Gb connections, fifteen (15) Members purchased 10Gb ULL connections, four (4) non-Members purchased 1Gb connections, two (2) non-Members purchased 10Gb connections, and one (1) non-Member purchased 10Gb ULL connections. The Exchange recognizes that the relative fee increases are 27% for the 1Gb connection, 10.9% for the 10Gb connection, and 9.4% for the 10Gb ULL connection, but the Exchange believes that percentage increase differentiation is appropriate, given the different levels of service provided and the largest percentage increase being associated with the lowest cost connection.</P>
                <P>
                    Second, the Exchange believes that its proposal is consistent with Section 6(b)(4) of the Act because the Proposed Fee Increases allow the Exchange to recover a portion (less than all) of the increased costs incurred by the Exchange associated with providing and maintaining the necessary hardware and other infrastructure to support this technology since it last filed to increase its connectivity fees in December 2016, which became effective on January 1, 2017.
                    <SU>27</SU>
                    <FTREF/>
                     Put simply, the costs of the Exchange to provide these services have increased considerably over this time, as more fully-detailed and quantified below. The Exchange believes that it is reasonable and appropriate to increase its fees charged for use of its connectivity to partially offset the increased costs the Exchange incurred during this time associated with maintaining and enhancing a state-of-the-art exchange network infrastructure in the U.S. options industry.
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 79666 (December 22, 2016), 81 FR 96133 (December 29, 2016) (SR-MIAX-2016-47) (Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fee Schedule To Modify the Exchange's Connectivity Fees).
                    </P>
                </FTNT>
                <P>In particular, the Exchange's increased costs associated with supporting its network are due to several factors, including increased costs associated with maintaining and expanding a team of highly-skilled network engineers (the Exchange also hired additional network engineering staff in 2017 and 2018), increasing fees charged by the Exchange's third-party data center operator, and costs associated with projects and initiatives designed to improve overall network performance and stability, through the Exchange's R&amp;D efforts.</P>
                <P>In order to provide more detail and to quantify the Exchange's increased costs, the Exchange notes that increased costs are associated with the infrastructure and increased headcount to fully-support the advances in infrastructure and expansion of network level services, including customer monitoring, alerting and reporting. Additional technology expenses were incurred related to the expanding its Information Security services, monitoring and remediation, as well as Regulation SCI mandated processes associated with network technology. All of these additional expenses have been incurred by the Exchange since it last increased its connectivity fees on January 1, 2017. Examples include an approximate 70% increase in technology-related personnel costs in infrastructure, due to expansion of services/support; an approximate 10% increase in datacenter costs due to price increases and footprint expansion; an approximate 5% increase in vendor-supplied dark fiber due to price increases and expanded capabilities; and a 30% increase in market data connectivity fees. The Exchange also incurred significant capital expenditures over this same period to upgrade and enhance the underlying technology components, as more fully-detailed below.</P>
                <P>Further, because the costs of operating a data center are significant and not economically feasible for the Exchange, the Exchange does not operate its own data centers, and instead contracts with a third-party data center provider. The Exchange notes that larger, dominant exchange operators own/operate their data centers, which offers them greater control over their data center costs. Because those exchanges own and operate their data centers as profit centers, the Exchange is subject to additional costs. As a result, the Exchange is subject to fee increases from its data center provider, which the Exchange experienced in 2017 and 2018 of approximately 10%, as cited above.</P>
                <P>Further, the Exchange invests significant resources in network R&amp;D to improve the overall performance and stability of its network. For example, the Exchange has a number of network monitoring tools (some of which were developed in-house, and some of which are licensed from third-parties), that continually monitor, detect, and report network performance, many of which serve as significant value-adds to the Exchange's Members and enable the Exchange to provide a high level of customer service. These tools detect and report performance issues, and thus enable the Exchange to proactively notify a Member (and the SIPs) when the Exchange detects a problem with a Member's connectivity. The costs associated with the maintenance and improvement of existing tools and the development of new tools resulted in significant increased cost to the Exchange since January 1, 2017.</P>
                <P>
                    Certain recently developed network aggregation and monitoring tools provide the Exchange with the ability to measure network traffic with a much more granular level of variability. This is important as Exchange Members demand a higher level of network determinism and the ability to measure variability in terms of single digit nanoseconds. Also, the Exchange routinely conducts R&amp;D projects to improve the performance of the network's hardware infrastructure. As an example, in the last year, the Exchange's R&amp;D efforts resulted in a performance improvement, requiring the purchase of new equipment to support that improvement, and thus resulting in increased costs in the hundreds of thousands of dollars range. In sum, the costs associated with maintaining and enhancing a state-of-the-art exchange network infrastructure in the U.S. options industry is a significant expense for the Exchange that continues to increase, and thus the Exchange believes that it is reasonable to offset a portion of those increased costs by increasing its network connectivity fees, as proposed herein. Overall, the Proposed Fee Increases are projected to offset only a portion of the Exchange's increased network connectivity costs that were incurred by the Exchange since it last adjusted its connectivity fees.
                    <SU>28</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         
                        <E T="03">See id.</E>
                    </P>
                </FTNT>
                <P>
                    The Exchange notes that other exchanges have similar connectivity alternatives for their participants, including similar low-latency connectivity. For example, Nasdaq PHLX LLC (“Phlx”), NYSE Arca, Inc. (“Arca”), NYSE American LLC (“NYSE American”) and Nasdaq ISE, LLC (“ISE”) all offer a 1Gb, 10Gb and 10Gb low latency ethernet connectivity alternatives to each of their participants.
                    <SU>29</SU>
                    <FTREF/>
                     The Exchange further 
                    <PRTPAGE P="10367"/>
                    notes that Phlx, ISE, Arca and NYSE American each charge higher rates for such similar connectivity to primary and secondary facilities.
                    <SU>30</SU>
                    <FTREF/>
                     Additionally, the Exchange's proposed connectivity fees to its disaster recovery facility are within the range of the fees charged by other exchanges for similar connectivity alternatives.
                    <SU>31</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         
                        <E T="03">See</E>
                         Phlx and ISE Rules, General Equity and Options Rules, General 8, Section 1(b). Phlx and ISE each charge a monthly fee of $2,500 for each 1Gb 
                        <PRTPAGE/>
                        connection, $10,000 for each 10Gb connection and $15,000 for each 10Gb Ultra connection, which the equivalent of the Exchange's 10Gb ULL connection. 
                        <E T="03">See also</E>
                         NYSE American Fee Schedule, Section V.B, and Arca Fees and Charges, Co-Location Fees. NYSE American and Arca each charge a monthly fee of $5,000 for each 1Gb circuit, $14,000 for each 10Gb circuit and $22,000 for each 10Gb LX circuit, which the equivalent of the Exchange's 10Gb ULL connection.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         
                        <E T="03">See</E>
                         Nasdaq ISE, Options Rules, Options 7, Pricing Schedule, Section 11.D. (charging $3,000 for disaster recovery testing &amp; relocation services); 
                        <E T="03">see also</E>
                         Cboe Exchange, Inc. (“Cboe”) Fees Schedule, p. 14, Cboe Command Connectivity Charges (charging a monthly fee of $2,000 for a 1Gb disaster recovery network access port and a monthly fee of $6,000 for a 10Gb disaster recovery network access port).
                    </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 changes will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. In particular, the Exchange has received no official complaints from Members or others who connect to it that its fees or the Proposed Fee Increases are negatively impacting or would negatively impact their abilities to compete with other market participants. Further, the Exchange is unaware of any assertion that its existing fee levels or the Proposed Fee Increases would somehow unduly impair its competition with other options exchanges. To the contrary, if the fees charged are deemed too high by market participants, they can simply disconnect.</P>
                <P>While the Exchange recognizes the distinction between connecting to an exchange and trading at the exchange, the Exchange notes that it operates in a highly competitive options market in which market participants can readily connect and trade with venues they desire. In such an environment, the Exchange must continually adjust its fees to remain competitive with other exchanges. The Exchange believes that the proposed changes reflect this competitive environment.</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>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act,
                    <SU>32</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) 
                    <SU>33</SU>
                    <FTREF/>
                     thereunder. 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 shall institute proceedings to determine whether the proposed rule should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         17 CFR 240.19b-4(f)(2).
                    </P>
                </FTNT>
                <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">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 SR-MIAX-2019-10 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-2019-10. 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 rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-MIAX-2019-10 and should be submitted on or before April 10, 2019.
                </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>Eduardo A. Aleman,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05217 Filed 3-19-19; 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. 34-85315; File No. SR-ISE-2019-06]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Nasdaq ISE, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Extend the Delay for Re-Introduction of Legging Functionality for Stock-Option Orders</SUBJECT>
                <DATE>March 14, 2019.</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 11, 2019, Nasdaq ISE, LLC (“ISE” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </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>The Exchange proposes to extend the delay for re-introduction of legging functionality for Stock-Option Orders.</P>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">http://ise.cchwallstreet.com/,</E>
                     at the principal office of the Exchange, and at 
                    <PRTPAGE P="10368"/>
                    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. 
                    <E T="03">Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</E>
                </HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Exchange has filed a proposal requesting the removal of the legging functionality for Stock-Option Orders.
                    <SU>3</SU>
                    <FTREF/>
                     At this time, the Exchange proposes to further extend the delay for re-introduction of legging functionality for Stock-Option Orders until the earlier of the implementation of SR-ISE-2019-05 or May 1, 2019. This extension is solely intended to provide time for SR-ISE-2019-05 to become operative.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         SR-ISE-2019-05. The legging functionality allows Members to leg into the regular market where they may trade against bids and offers for the individual legs pursuant to Rule 722(d)(2) and (3) and Supplementary Material .01 and .02 to Rule 722 (“legging”). The legging functionality will continue to be available for complex options orders. See Rule 722(c)(2).
                    </P>
                </FTNT>
                <P>
                    In 2017, ISE underwent a replatform to move its functionality to INET.
                    <SU>4</SU>
                    <FTREF/>
                     At that time, ISE proposed to delay the re-introduction of legging functionality for Stock-Option Orders for one year from the date of filing.
                    <SU>5</SU>
                    <FTREF/>
                     Subsequently, ISE filed to delay the re-introduction of legging functionality until March 21, 2019.
                    <SU>6</SU>
                    <FTREF/>
                     The Exchange provided notice to Members on two occasions 
                    <SU>7</SU>
                    <FTREF/>
                     with respect to delaying the reintroduction of the legging functionality for Stock-Option Orders. In addition, the Exchange has notified Members that it will not offer this functionality going forward.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         INET is the proprietary core technology utilized across Nasdaq's global markets. The migration of ISE to the Nasdaq INET architecture has resulted in higher performance, scalability, and more robust architecture.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 80316 (March 27, 2017) 82 FR 16084 (March 31, 2017) (SR-ISE-2017-28).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 82961 (March 28, 2018), 83 FR 14302 (April 3, 2018) (SR-ISE-2018-21).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Options Traders Alerts 2016-8 and 2016-10 (these prior option trade alerts are no longer publically available because the content is obsolete. The alerts were also superseded by Options Trader Alert 2019-3).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Options Trader Alert 2019-3.
                    </P>
                </FTNT>
                <P>Today, because of the delay in reintroducing legging functionality, Stock-Option Orders entered on ISE are not automatically executed against bids and offers on the Exchange for the individual legs pursuant to Rule 722(b)(3)(ii)-(iii) and Supplementary Material .02 to Rule 722. Stock-Option Orders continue to execute against other Stock-Option Orders in the complex order book, thereby providing an opportunity for Members to have their Stock-Option Orders executed on the Exchange.</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>9</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(5) of the Act,
                    <SU>10</SU>
                    <FTREF/>
                     in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest. In particular, the Exchange believes that the proposed rule change is consistent with the protection of investors and the public interest because it would provide additional time for ISE' proposal to eliminate the legging functionality for Stock-Option Orders to become operative.
                    <SU>11</SU>
                    <FTREF/>
                     The Exchange has notified Members that it will not offer this functionality going forward.
                    <SU>12</SU>
                    <FTREF/>
                     Members can continue to submit these orders to the Exchange where they can be executed against other Stock-Option Orders on the complex order book. No Members have notified the Exchange of any impact on execution quality as a result of the delayed implementation of legging functionality for Stock-Option Orders, and therefore the Exchange does not believe that extending the delay will have a significant impact on market participants. The Exchange proposes to extend the delay for re-introduction of legging functionality for Stock-Option Orders until the earlier of the implementation of SR-ISE-2019-05 or May 1, 2019.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         SR-ISE-2019-05.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         Options Trader Alert 2019-3.
                    </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 not necessary or appropriate in furtherance of the purposes of the Act. Specifically, the Exchange does not believe that the proposed delay will impose any significant burden on intra-market competition because legging for Stock-Option Orders will be uniformly delayed for all Members. Similarly, the Exchange does not believe that the proposed delay will impose any significant burden on inter-market competition as it does not impact the ability of other markets to offer or not offer competing functionality.</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>No written comments were either solicited or received.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    The Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 
                    <SU>13</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(6) thereunder.
                    <SU>14</SU>
                    <FTREF/>
                     Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         15 U.S.C. 78s(b)(3)(A)(iii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         17 CFR 240.19b-4(f)(6).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         In addition, Rule 19b-4(f)(6)(iii) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement.
                    </P>
                </FTNT>
                <P>
                    A proposed rule change filed under Rule 19b-4(f)(6) 
                    <SU>16</SU>
                    <FTREF/>
                     normally does not become operative for 30 days after the date of the filing. However, pursuant to Rule 19b-4(f)(6)(iii),
                    <SU>17</SU>
                    <FTREF/>
                     the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. In its filing with the Commission, the Exchange has asked the Commission to waive the 30-day operative delay to allow the Exchange to extend the delay for re-introducing the legging 
                    <PRTPAGE P="10369"/>
                    functionality for Stock-Option Orders until the earlier of the implementation of SR-ISE-2019-05 or May 1, 2019. ISE notes that without a waiver of the operative delay, ISE would be required to re-introduce the legging functionality for Stock-Option Orders until SR-ISE-2019-05 becomes operative. The Commission believes that waiving the operative delay is consistent with the protection of investors and the public interest because it will eliminate the need for ISE to re-introduce the legging functionality for Stock-Option Orders until SR-ISE-2019-05, which eliminates the legging functionality for Stock-Option Orders, becomes operative. Accordingly, the Commission waives the 30-day operative delay and designates the proposed rule change operative upon filing.
                    <SU>18</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         17 CFR 240.19b-4(f)(6).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         17 CFR 240.19b-4(f)(6)(iii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         For purposes only of waiving the operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. 
                        <E T="03">See</E>
                         15 U.S.C. 78c(f).
                    </P>
                </FTNT>
                <P>
                    At any time within 60 days of the filing of such 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 shall institute proceedings under Section 19(b)(2)(B) 
                    <SU>19</SU>
                    <FTREF/>
                     of the Act to determine whether the proposed rule change should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         15 U.S.C. 78s(b)(2)(B).
                    </P>
                </FTNT>
                <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">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 SR-ISE-2019-06 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-ISE-2019-06. 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 rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-ISE-2019-06, and should be submitted on or before April 10, 2019.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>20</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>20</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Eduardo A. Aleman,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05214 Filed 3-19-19; 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. 34-85312; File No. SR-NYSEArca-2019-12]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To List and Trade Shares of the iShares Commodity Curve Carry Strategy ETF Under NYSE Arca Rule 8.600-E</SUBJECT>
                <DATE>March 14, 2019.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) 
                    <SU>1</SU>
                    <FTREF/>
                     of the Securities Exchange Act of 1934 (the “Act”) 
                    <SU>2</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>3</SU>
                    <FTREF/>
                     notice is hereby given that, on March 1, 2019, NYSE Arca, Inc. (“NYSE Arca” or the “Exchange”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the self-regulatory organization. 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>
                         15 U.S.C. 78a.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</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>
                    The Exchange proposes to proposes to list and trade shares of the iShares Commodity Curve Carry Strategy ETF under NYSE Arca Rule 8.600-E (“Managed Fund Shares”). The proposed change is available on the Exchange's website at 
                    <E T="03">www.nyse.com,</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 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 those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements.</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 shares (“Shares”) of the iShares Commodity Curve Carry Strategy ETF (“Fund”) under NYSE Arca Rule 8.600-E, which governs the listing and trading of Managed Fund Shares 
                    <SU>4</SU>
                    <FTREF/>
                     on the Exchange.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         A Managed Fund Share is a security that represents an interest in an investment company registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1) (“1940 Act”) organized as an open-end investment company or similar entity that invests in a portfolio of securities selected by its investment adviser consistent with its investment objectives and policies. In contrast, an open-end investment company that issues Investment Company Units, listed and traded on the Exchange uFnder [sic] NYSE Arca Rule 5.2-E(j)(3), seeks to provide investment results that correspond generally to the price and yield performance of a specific foreign or domestic stock index, fixed income securities index or combination thereof.
                    </P>
                </FTNT>
                <P>
                    The Shares will be offered by iShares U.S. ETF Trust (the “Trust”), which is registered with the Commission as an 
                    <PRTPAGE P="10370"/>
                    open-end management investment company.
                    <SU>5</SU>
                    <FTREF/>
                     The Fund is a series of the Trust.
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         The Trust is registered under the 1940 Act. On December 3, 2018, the Trust filed with the Securities and Exchange Commission (“SEC” or “Commission”) its registration statement on Form N-1A under the Securities Act of 1933 (15 U.S.C. 77a), and under the 1940 Act relating to the Fund (File Nos. 333-179904 and 811-22649) (“Registration Statement”). The description of the operation of the Trust and the Fund herein is based, in part, on the Registration Statement. In addition, the Commission has issued an order upon which the Trust may rely, granting certain exemptive relief under the 1940 Act. 
                        <E T="03">See</E>
                         Investment Company Act Release No. 29571(January 24, 2011) (File No. 812-13601).
                    </P>
                </FTNT>
                <P>BlackRock Fund Advisors (“BFA” or “Adviser”) will be the investment adviser for the Fund. BlackRock Investments, LLC will be the distributor (“Distributor”) for the Fund's Shares. State Street Bank and Trust Company will serve as the administrator, custodian and transfer agent (“Custodian” or “Transfer Agent”) for the Fund.</P>
                <P>
                    Commentary .06 to Rule 8.600-E provides that, if the investment adviser to the investment company issuing Managed Fund Shares is affiliated with a broker-dealer, such investment adviser shall erect and maintain a “fire wall” between the investment adviser and the broker-dealer with respect to access to information concerning the composition and/or changes to such investment company portfolio.
                    <SU>6</SU>
                    <FTREF/>
                     In addition, Commentary .06 further requires that personnel who make decisions on the open-end fund's portfolio composition must be subject to procedures designed to prevent the use and dissemination of material nonpublic information regarding the open-end fund's portfolio. The Adviser is not registered as a broker-dealer, but is affiliated with a broker-dealer, and has implemented and will maintain a fire wall with respect to its broker-dealer affiliate regarding access to information concerning the composition and/or changes to the portfolio. In the event (a) the Adviser becomes registered as a broker-dealer or newly affiliated with a broker-dealer, or (b) any new adviser or sub-adviser is a registered broker-dealer or becomes affiliated with a broker-dealer, it will implement and maintain a fire wall with respect to its relevant personnel or its broker-dealer affiliate regarding access to information concerning the composition and/or changes to the portfolio, and will be subject to procedures designed to prevent the use and dissemination of material non-public information regarding such portfolio.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         An investment adviser to an open-end fund is required to be registered under the Investment Advisers Act of 1940 (the “Advisers Act”). As a result, the Adviser and its related personnel are subject to the provisions of Rule 204A-1 under the Advisers Act relating to codes of ethics. This Rule requires investment advisers to adopt a code of ethics that reflects the fiduciary nature of the relationship to clients as well as compliance with other applicable securities laws. Accordingly, procedures designed to prevent the communication and misuse of non-public information by an investment adviser must be consistent with Rule 204A-1 under the Advisers Act. In addition, Rule 206(4)-7 under the Advisers Act makes it unlawful for an investment adviser to provide investment advice to clients unless such investment adviser has (i) adopted and implemented written policies and procedures reasonably designed to prevent violation, by the investment adviser and its supervised persons, of the Advisers Act and the Commission rules adopted thereunder; (ii) implemented, at a minimum, an annual review regarding the adequacy of the policies and procedures established pursuant to subparagraph (i) above and the effectiveness of their implementation; and (iii) designated an individual (who is a supervised person) responsible for administering the policies and procedures adopted under subparagraph (i) above.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">iShares Commodity Curve Carry Strategy ETF</HD>
                <HD SOURCE="HD3">Fund Investments</HD>
                <P>According to the Registration Statement, the investment objective of the Fund will be to seek to provide exposure, on a total return basis, to a group of commodities with higher carry than a broad universe of commodities.</P>
                <P>
                    The Fund is actively managed and seeks to achieve its investment objective in part,
                    <SU>7</SU>
                    <FTREF/>
                     under normal market conditions,
                    <SU>8</SU>
                    <FTREF/>
                     by investing in listed and over-the-counter (“OTC”) swaps, including total return swaps, referencing the- ICE BofAML Commodity Carry Total Return Index (the “Reference Benchmark”).
                    <SU>9</SU>
                    <FTREF/>
                     The Fund is expected to establish new swaps contracts on an ongoing basis and replace expiring contracts.
                    <SU>10</SU>
                    <FTREF/>
                     Swaps subsequently entered into by the Fund may have terms that differ from the swaps the Fund previously held. The Fund expects generally to pay a fixed payment rate and certain swap-related fees to the swap counterparty and receive the total return of the Reference Benchmark, including, in the event of negative performance by the Reference Benchmark, negative return (
                    <E T="03">i.e.,</E>
                     a payment from the Fund to the swap counterparty). In seeking total return, the Fund additionally aims to generate interest income and capital appreciation through a cash management strategy consisting primarily of cash, cash equivalents,
                    <SU>11</SU>
                    <FTREF/>
                     and fixed income securities other than cash equivalents, as described below.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         The Fund's investment objective is also achieved by investing in cash, cash equivalents, Commodity Investments, Fixed Income Securities and Short-Term Fixed Income Securities (each as defined or described below).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         The term “normal market conditions” is defined in NYSE Arca Rule 8.600-E(c)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         Although the Fund may hold swaps on the Reference Benchmark, or direct investments in, the same futures contracts as those included in the Reference Benchmark, the Fund is not obligated to invest in any futures contracts included in, and does not seek to replicate the performance of, the Reference Benchmark.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         Swaps on the Reference Benchmark are included in “Commodity Investments” as defined below.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         For purposes of this filing, cash equivalents are the short-term instruments enumerated in Commentary .01(c) to Rule 8.600-E.
                    </P>
                </FTNT>
                <P>The Reference Benchmark is composed of 20 futures contracts on physical agricultural, energy, precious metals, and industrial metals commodities. The Fund expects to obtain a substantial amount of its exposure to the carry strategy by entering into total return swaps that pay the returns of the commodity futures contracts referenced in the Reference Benchmark. The Reference Benchmark includes the 10 traded futures contracts on commodities having the highest degree of backwardation or lowest degree of contango among the 20 futures contracts on physical agricultural, energy, precious metals, and industrial metals listed on the U.S. regulated futures exchanges.</P>
                <P>In order to maintain exposure to a futures contract on a particular commodity, an investor must sell the position in the expiring contract and buy a new position in a contract with a later delivery month, which is referred to as “rolling.” If the price for the new futures contract is less than the price of the expiring contract, then the market for the commodity is said to be in “backwardation.” In these markets, roll returns are positive, which is referred to as “positive carry.” The term “contango” is used to describe a market in which the price for a new futures contract is more than the price of the expiring contract. In these markets, roll returns are negative, which is referred to as “negative carry.” The Reference Benchmark seeks to employ a positive carry strategy that emphasizes commodities and futures contract months with the greatest degree of backwardation and lowest degree of contango, resulting in net gains through positive roll returns. The Fund will invest in financial instruments described below that provide exposure to commodities and not in physical commodities themselves.</P>
                <P>
                    The Fund (through its Subsidiary (as defined below)) may hold the following listed derivative instruments: Futures, options, notes and swaps on commodities, currencies, securities, 
                    <PRTPAGE P="10371"/>
                    fixed income, interest rates, financial rates, U.S. Treasuries, or a basket or index of any of the foregoing (collectively, “Listed Derivatives”).
                    <SU>12</SU>
                    <FTREF/>
                     Listed Derivatives will comply with the criteria in Commentary .01(d) of NYSE Arca Rule 8.600-E.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         Examples of Listed Derivatives the Fund may invest in include: Exchange traded futures contracts similar to those found in the Reference Benchmark, exchange traded futures contracts on the Reference Benchmark, swaps on commodity futures contracts similar to those found in the Reference Benchmark, futures and options that correlate to the investment returns of commodities without investing directly in physical commodities, as well as exchange traded commodity-linked notes.
                    </P>
                </FTNT>
                <P>
                    The Fund (through its Subsidiary) may hold the following over-the-counter (“OTC”) derivative instruments: Forwards, options, notes and swaps on commodities, currencies, securities, fixed income, interest rates, financial rates, U.S. Treasuries, or a basket or index of any of the foregoing (collectively, “OTC Derivatives”,
                    <SU>13</SU>
                    <FTREF/>
                     and together with Listed Derivatives, “Commodity Investments”).
                    <SU>14</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         As discussed below under “Application of Generic Listing Requirements” below, the Fund's and the Subsidiary's holdings in OTC Derivatives will not comply with the criteria in Commentary .01(e) of NYSE Arca Rule 8.600-E.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         Examples of OTC Derivatives the Fund may invest in include swaps on commodity futures contracts similar to those found in the Reference Benchmark, options that correlate to the investment returns of commodities without investing directly in physical commodities, and OTC commodity-linked notes.
                    </P>
                </FTNT>
                <P>
                    The Fund's exposure to Commodity Investments is obtained by investing through a wholly-owned subsidiary organized in the Cayman Islands (the “Subsidiary”).
                    <SU>15</SU>
                    <FTREF/>
                     The Subsidiary is advised by BFA and has the same investment objective as the Fund.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         All statements included in this filing related to the Fund's investments and restrictions are applicable to the Fund and Subsidiary collectively.
                    </P>
                </FTNT>
                <P>In compliance with the requirements of Sub-Chapter M of the Internal Revenue Code of 1986, the Fund may invest up to 25% of its total assets in the Subsidiary. The Fund's Commodity Investments held in the Subsidiary are intended to provide the Fund with exposure to broad commodities.</P>
                <P>The Fund may hold cash, cash equivalents and fixed income securities other than cash equivalents, as described further below.</P>
                <P>
                    Specifically, the Fund may invest in Short-Term Fixed Income Securities (as defined below) other than cash equivalents on an ongoing basis to provide liquidity or for other reasons.
                    <SU>16</SU>
                    <FTREF/>
                     Short-Term Fixed Income Securities will have a maturity of no longer than 397 days and include only the following: (i) Money market instruments; (ii) obligations issued or guaranteed by the U.S. government, its agencies or instrumentalities (including government-sponsored enterprises); (iii) negotiable certificates of deposit, bankers' acceptances, fixed-time deposits and other obligations of U.S. and non-U.S. banks (including non-U.S. branches) and similar institutions; (iv) commercial paper; (v) non-convertible corporate debt securities (
                    <E T="03">e.g.,</E>
                     bonds and debentures); (vi) repurchase agreements; (vii) short-term U.S. dollar-denominated obligations of non-U.S. banks (including U.S. branches) that, in the opinion of BFA, are of comparable quality to obligations of U.S. banks that may be purchased by the Fund; (viii) and sovereign obligations (collectively, “Short-Term Fixed Income Securities”). Any of these securities may be purchased on a current or forward-settled basis.
                    <SU>17</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         As discussed under “Application of Generic Listing Requirements”, below, the Exchange proposes that such Short-Term Fixed Income Securities be excluded from the requirements of Commentary .01(b)(1)-(4) to NYSE Arca Rule 8.600-E.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         To the extent that the Fund and the Subsidiary invest in cash and Short-Term Fixed Income Securities that are cash equivalents (
                        <E T="03">i.e.,</E>
                         that have maturities of less than 3 months) as specified in Commentary .01(c) to NYSE Arca Rule 8.600-E, such investments will comply with Commentary .01(c) and may be held without limitation. Non-convertible corporate debt securities and sovereign obligations are not included as cash equivalents in Commentary .01(c).
                    </P>
                </FTNT>
                <P>The Fund also may invest in fixed income securities as defined in Commentary .01(b) to NYSE Arca Rule 8.600-E, other than cash equivalents and Short-Term Fixed Income Securities, with remaining maturities longer than 397 days (“Fixed Income Securities”). Such Fixed Income Securities will comply with requirements of Commentary .01(b) to NYSE Arca Rule 8.600-E.</P>
                <P>The Subsidiary may hold cash and cash equivalents.</P>
                <P>The Fund will seek to gain exposure to Commodity Investments by investing in its Subsidiary. The Fund wholly owns and controls the Subsidiary, and the Fund and the Subsidiary are managed by BFA. The Subsidiary is not an investment company registered under the 1940 Act and is a company organized under the laws of the Cayman Islands.</P>
                <P>The Trust's Board of Trustees has oversight responsibility for the investment activities of the Fund, including its investment in the Subsidiary, and the Fund's role as sole shareholder of the Subsidiary.</P>
                <P>The Fund and the Subsidiary will not invest in securities or other financial instruments that have not been described in this proposed rule change.</P>
                <HD SOURCE="HD3">Other Restrictions</HD>
                <P>
                    The Fund's investments, including derivatives, will be consistent with the Fund's investment objective and will not be used to enhance leverage (although certain derivatives and other investments may result in leverage). That is, the Fund's investments will not be used to seek performance that is the multiple or inverse multiple (
                    <E T="03">e.g.,</E>
                     2X or −3X) of the Reference Benchmark.
                </P>
                <HD SOURCE="HD3">Use of Derivatives by the Fund</HD>
                <P>Investments in derivative instruments will be made in accordance with the Fund's investment objective and policies.</P>
                <P>To limit the potential risk associated with such transactions, the Fund will enter into offsetting transactions or segregate or “earmark” assets determined to be liquid by the Adviser in accordance with procedures established by the Trust's Board of Trustees (the “Board”). In addition, the Fund has included appropriate risk disclosure in its offering documents, including leveraging risk. Leveraging risk is the risk that certain transactions of the Fund, including the Fund's use of derivatives, may give rise to leverage, causing the Fund to be more volatile than if it had not been leveraged.</P>
                <HD SOURCE="HD3">Impact on Arbitrage Mechanism</HD>
                <P>The Adviser believes there will be minimal, if any, impact to the arbitrage mechanism as a result of the Fund's use of derivatives. The Adviser understands that market makers and participants should be able to value derivatives as long as the positions are disclosed with relevant information. The Adviser believes that the price at which Shares of the Fund trade will continue to be disciplined by arbitrage opportunities created by the ability to purchase or redeem Shares of the Fund at their net asset value (“NAV”), which should ensure that Shares of the Fund will not trade at a material discount or premium in relation to their NAV.</P>
                <P>The Adviser does not believe there will be any significant impacts to the settlement or operational aspects of the Fund's arbitrage mechanism due to the use of derivatives.</P>
                <HD SOURCE="HD3">Creation and Redemption of Shares</HD>
                <P>
                    According to the Registration Statement, the Trust will issue and sell Shares of the Fund only in Creation Units on a continuous basis through the Distributor or its agent at a price based on the Fund's NAV next determined after receipt, on any business day of an order received by the Distributor or its agent in proper form. The size of a Creation Unit is 50,000 Shares. The 
                    <PRTPAGE P="10372"/>
                    Adviser may increase or decrease the number of the Fund's Shares that constitute a Creation Unit.
                </P>
                <P>The consideration for purchase of Creation Units of the Fund is generally cash. However, in some cases the consideration consists of an in-kind deposit of a designated portfolio of securities (“Deposit Securities”) and the Cash Component computed as described below. Together, the Deposit Securities and the Cash Component constitute the “Fund Deposit.” The Fund Deposit represents the minimum initial and subsequent investment amount for a Creation Unit of the Fund.</P>
                <P>The “Cash Component” is an amount equal to the difference between the NAV of the Shares (per Creation Unit) and the “Deposit Amount,” which is an amount equal to the market value of the Deposit Securities, and serves to compensate for any differences between the NAV per Creation Unit and the Deposit Amount.</P>
                <P>
                    The Fund's current policy is to accept cash in substitution for the Deposit Securities it might otherwise accept as in-kind consideration for the purchase of Creation Units. The Fund may, at times, elect to receive Deposit Securities (
                    <E T="03">i.e.,</E>
                     the in-kind deposit of a designated portfolio of securities) and a Cash Component as consideration for the purchase of Creation Units. If the Fund elects to accept Deposit Securities, a purchaser's delivery of the Deposit Securities together with the Cash Component will constitute the “Fund Deposit,” which will represent the consideration for a Creation Unit of the Fund.
                </P>
                <P>The Fund reserves the right to permit or require the substitution of a “cash in lieu” amount to be added to the Cash Component to replace any Deposit Security that may not be available in sufficient quantity for delivery or that may not be eligible for transfer through the Depository Trust Company (“DTC”) or the clearing process (as discussed below) or that the “Authorized Participant” as defined below, is not able to trade due to a trading restriction, during times the Fund has elected to receive Deposit Securities. The Fund also reserves the right to permit or require a “cash in lieu” amount in certain circumstances.</P>
                <P>
                    To be eligible to place orders with the Distributor and to create a Creation Unit of the Fund, an entity must be: (i) A “Participating Party,” 
                    <E T="03">i.e.,</E>
                     a broker-dealer or other participant in the clearing process through the Continuous Net Settlement System of the National Securities Clearing Corporation (“NSCC”) (the “Clearing Process”), a clearing agency that is registered with the SEC, or (ii) a DTC Participant, and must have executed an agreement with the Distributor, with respect to creations and redemptions of Creation Units (“Authorized Participant Agreement”) (discussed below). A Participating Party or DTC Participant who has executed an Authorized Participant Agreement is referred to as an “Authorized Participant.”
                </P>
                <P>To initiate an order for a Creation Unit, an Authorized Participant must submit to the Distributor or its agent an irrevocable order to purchase Shares of the Fund, in proper form, generally before 4:00 p.m., Eastern time on any business day to receive that day's NAV.</P>
                <P>Shares of the Fund may be redeemed by only in Creation Units at their NAV next determined after receipt of a redemption request in proper form by the Distributor or its agent and only on a business day. The Fund generally redeems Creation Units solely for cash.</P>
                <P>BFA makes available through the NSCC, prior to the opening of business on the Exchange on each business day, the designated portfolio of securities (including any portion of such securities for which cash may be substituted) that will be applicable (subject to possible amendment or correction) to redemption requests received in proper form (as defined below) on that day (“Fund Securities”), and an amount of cash (the “Cash Amount,” as described below). Such Fund Securities and the corresponding Cash Amount (each subject to possible amendment or correction) are applicable, in order to effect redemptions of Creation Units of the Fund until such time as the next announced composition of the Fund Securities and Cash Amount is made available. Where redemptions are permitted in-kind, Fund Securities received on redemption may not be identical to Deposit Securities that are applicable to creations of Creation Units. Procedures and requirements governing redemption transactions are set forth in the handbook for Authorized Participants and may change from time to time.</P>
                <P>The Trust may, in its sole discretion, substitute a “cash in lieu” amount to replace any Fund Security. The Trust also reserves the right to permit or require a “cash in lieu” amount in certain circumstances. The amount of cash paid out in such cases will be equivalent to the value of the substituted security listed as a Fund Security. In the event that the Fund Securities have a value greater than the NAV of the Shares, a compensating cash payment equal to the difference is required to be made by or through an Authorized Participant by the redeeming shareholder. The Fund generally redeems Creation Units for cash.</P>
                <P>Redemption requests for Creation Units of the Fund must be submitted to the Distributor or its agent by or through an Authorized Participant. An Authorized Participant must submit an irrevocable request to redeem Shares of the Fund generally before 4:00 p.m., Eastern time on any business day in order to receive that day's NAV.</P>
                <HD SOURCE="HD3">Application of Generic Listing Requirements</HD>
                <P>The Exchange is submitting this proposed rule change because the portfolio for the Fund will not meet all of the “generic” listing requirements of Commentary .01 to NYSE Arca Rule 8.600-E applicable to the listing of Managed Fund Shares. The Fund's portfolio will meet all such requirements except for those set forth in Commentary .01 (b)(1)-(4) (with respect to Short-Term Fixed Income Securities) and (e) (with respect to OTC Derivatives), as described below.</P>
                <P>
                    The Fund's Short-Term Fixed Income Securities will not comply with the requirements set forth in Commentary .01(b)(1)-(4) to NYSE Arca Rule 8.600-E.
                    <SU>18</SU>
                    <FTREF/>
                     While the requirements set forth in 
                    <PRTPAGE P="10373"/>
                    Commentary .01(b)(1)-(4) include rules intended to ensure that the fixed income securities included in a fund's portfolio are sufficiently large and diverse, and have sufficient publicly available information regarding the issuances, the Exchange believes that any concerns related to non-compliance are mitigated by the types of instruments that the Fund would hold. The Fund's Short-Term Fixed Income Securities primarily will include those instruments that are included in the definition of cash and cash equivalents, but are not considered cash and cash equivalents because they have maturities of three months or longer. The Exchange believes, however, that, because all Short-Term Fixed Income Securities, including non-convertible corporate debt securities and sovereign obligations (which are not cash equivalents as enumerated in Commentary .01(c) to Rule 8.600-E), are highly liquid they are less susceptible than other types of fixed income instruments both to price manipulation and volatility and that the holdings as proposed are generally consistent with the policy concerns which Commentary .01(b)(1)-(4) is intended to address. Because the Short-Term Fixed Income Securities will consist of high-quality fixed income securities described above, the Exchange believes that the policy concerns that Commentary .01(b)(1)-(4) is intended to address are otherwise mitigated and that the Fund should be permitted to hold these securities in a manner that may not comply with Commentary .01(b)(1)-(4).
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         Commentary .01(b)(1)-(4) to NYSE Arca Rule 8.600-E provides as follows:
                    </P>
                    <P>(b) Fixed Income—Fixed income securities are debt securities that are notes, bonds, debentures or evidence of indebtedness that include, but are not limited to, U.S. Department of Treasury securities (“Treasury Securities”), government-sponsored entity securities (“GSE Securities”), municipal securities, trust preferred securities, supranational debt and debt of a foreign country or a subdivision thereof, investment grade and high yield corporate debt, bank loans, mortgage and asset backed securities, and commercial paper. To the extent that a portfolio includes convertible securities, the fixed income security into which such security is converted shall meet the criteria of this Commentary .01(b) after converting. The components of the fixed income portion of a portfolio shall meet the following criteria initially and on a continuing basis:</P>
                    <P>(1) Components that in the aggregate account for at least 75% of the fixed income weight of the portfolio each shall have a minimum original principal amount outstanding of $100 million or more;</P>
                    <P>(2) No component fixed-income security (excluding Treasury Securities and GSE Securities) shall represent more than 30% of the fixed income weight of the portfolio, and the five most heavily weighted component fixed income securities in the portfolio (excluding Treasury Securities and GSE Securities) shall not in the aggregate account for more than 65% of the fixed income weight of the portfolio;</P>
                    <P>(3) An underlying portfolio (excluding exempted securities) that includes fixed income securities shall include a minimum of 13 non-affiliated issuers, provided, however, that there shall be no minimum number of non-affiliated issuers required for fixed income securities if at least 70% of the weight of the portfolio consists of equity securities as described in Commentary .01(a) above;</P>
                    <P>
                        (4) Component securities that in aggregate account for at least 90% of the fixed income weight 
                        <PRTPAGE/>
                        of the portfolio must be either (a) from issuers that are required to file reports pursuant to Sections 13 and 15(d) of the Securities Exchange Act of 1934; (b) from issuers that have a worldwide market value of its outstanding common equity held by non-affiliates of $700 million or more; (c) from issuers that have outstanding securities that are notes, bonds debentures, or evidence of indebtedness having a total remaining principal amount of at least $1 billion; (d) exempted securities as defined in Section 3(a)(12) of the Securities Exchange Act of 1934; or (e) from issuers that are a government of a foreign country or a political subdivision of a foreign country”.
                    </P>
                </FTNT>
                <P>
                    The Fund's portfolio also will not comply with the requirements set forth in Commentary .01(e) (with respect to OTC Derivatives) to NYSE Arca Rule 8.600-E.
                    <SU>19</SU>
                    <FTREF/>
                     Specifically, the Fund's investments in OTC Derivatives may exceed 20% of Fund assets, calculated as the aggregate gross notional value of such OTC Derivatives. The Exchange proposes that up to 60% of the Fund's assets (calculated as the aggregate gross notional value) may be invested in OTC Derivatives. The Adviser believes that it is important to provide the Fund with additional flexibility to manage risk associated with its investments. Depending on market conditions, it may be critical that the Fund be able to utilize available OTC Derivatives to efficiently gain exposure to the multiple commodities markets that underlie the Reference Benchmark as well as commodity futures contracts similar to those found in the Reference Benchmark.
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         Commentary .01(e) of NYSE Arca Rule 8.600-E provides: “The portfolio may hold OTC derivatives, including forwards, options and swaps on commodities, currencies and financial instruments (
                        <E T="03">e.g.,</E>
                         stocks, fixed income, interest rates, and volatility) or a basket or index of any of the foregoing; however, on both an initial and continuing basis, no more than 20% of the assets in the portfolio may be invested in OTC derivatives. For purposes of calculating this limitation, a portfolio's investment in OTC derivatives will be calculated as the aggregate gross notional value of the OTC derivatives.”
                    </P>
                </FTNT>
                <P>OTC Derivatives can be tailored to provide specific exposure to the Fund's Reference Benchmark, as well as commodity futures contracts similar to those found in the Reference Benchmark, allowing the Fund to more efficiently meet its investment objective. For example, the Reference Benchmark is composed of 20 futures contracts across 20 physical commodities, which may not be sufficiently liquid and would not provide the commodity exposure the Fund requires to meet its investment objective if the Fund were to invest in the futures directly. A total return swap can be structured to provide exposure to the same futures contracts as exist in the Reference Benchmark, as well as commodity futures contracts similar to those found in the Reference Benchmark, while providing sufficient efficiency to allow the Fund to more easily meet its investment objective.</P>
                <P>In addition, if the Fund were to gain commodity exposure exclusively through the use of listed futures, the Fund's holdings in Listed Derivatives would be subject to position limits and accountability levels established by an exchange. Such limitations would restrict the Fund's ability to gain efficient exposure to the commodities in the Reference Benchmark, or futures contracts similar to those found in the Reference Benchmark, thereby impeding the Fund's ability to satisfy its investment objective.</P>
                <P>
                    The Adviser represents that the basket or index on which much of the Fund's OTC Derivatives will be based will satisfy the criteria applicable to holdings in Listed Derivatives in Commentary .01(d)(2) on an initial and continued listing basis.
                    <SU>20</SU>
                    <FTREF/>
                     With respect to the Fund's holdings in OTC Derivatives, the aggregate gross notional value of OTC Derivatives based on any five or fewer underlying reference assets will not exceed 65% of the weight of the portfolio (including gross notional exposures), and the aggregate gross notional value of OTC Derivatives based on any single underlying reference asset will not exceed 30% of the weight of the portfolio (including gross notional exposures). In addition, the Adviser represents that futures on all commodities in the Reference Benchmark are traded on futures exchanges that are members of the Intermarket Surveillance Group (“ISG”).
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         Commentary .01(d)(2) to Rule 8.600-E provides that, with respect to a fund's portfolio, the aggregate gross notional value of listed derivatives based on any five or fewer underlying reference assets shall not exceed 65% of the weight of the portfolio (including gross notional exposures), and the aggregate gross notional value of listed derivatives based on any single underlying reference asset shall not exceed 30% of the weight of the portfolio (including gross notional exposures).
                    </P>
                </FTNT>
                <P>The Exchange notes that, other than Commentary .01(b)(1)-(4) with respect to Short-Term Fixed Income Securities) and .01(e) (with respect to OTC Derivatives) to Rule 8.600-E, as described above, the Fund's portfolio will meet all other requirements of Rule 8.600-E.</P>
                <HD SOURCE="HD3">Availability of Information</HD>
                <P>
                    The Fund's website (
                    <E T="03">www.iShares.com</E>
                    ) will include the prospectus for the Fund that may be downloaded. The Fund's website will include additional quantitative information updated on a daily basis including, for the Fund, (1) daily trading volume, the prior business day's reported closing price, NAV and midpoint of the bid/ask spread at the time of calculation of such NAV (the “Bid/Ask Price”),
                    <SU>21</SU>
                    <FTREF/>
                     and a calculation of the premium and discount of the Bid/Ask Price against the NAV, and (2) data in chart format displaying the frequency distribution of discounts and premiums of the daily Bid/Ask Price against the NAV, within appropriate ranges, for each of the four previous calendar quarters. On each business day, before commencement of trading in Shares in the Core Trading Session on the Exchange, the Fund will disclose on its website the Disclosed Portfolio as defined in NYSE Arca Rule 8.600-E(c)(2) that forms the basis for the Fund's calculation of NAV at the end of the business day.
                    <SU>22</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         The Bid/Ask Price of the Fund's Shares will be determined using the mid-point of the highest bid and the lowest offer on the Exchange as of the time of calculation of the Fund's NAV. The records relating to Bid/Ask Prices will be retained by the Fund and its service providers.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         Under accounting procedures followed by the Fund, trades made on the prior business day (“T”) 
                        <PRTPAGE/>
                        will be booked and reflected in NAV on the current business day (“T+1”). Accordingly, the Fund will be able to disclose at the beginning of the business day the portfolio that will form the basis for the NAV calculation at the end of the business day.
                    </P>
                </FTNT>
                <PRTPAGE P="10374"/>
                <P>On a daily basis, the Fund will disclose the information required under NYSE Arca Rule 8.600-E(c)(2) to the extent applicable. The website information will be publicly available at no charge.</P>
                <P>In addition, a basket composition file, which includes the security names and share quantities, if applicable, required to be delivered in exchange for the Fund's Shares, together with estimates and actual cash components, will be publicly disseminated daily prior to the opening of the Exchange via the NSCC. The basket represents one Creation Unit of the Fund. Authorized Participants may refer to the basket composition file for information regarding financial instruments that may comprise the Fund's basket on a given day.</P>
                <P>
                    Investors can also obtain the Trust's Statement of Additional Information (“SAI”), the Fund's Shareholder Reports, and the Fund's Forms N-CSR and Forms N-SAR, filed twice a year. The Fund's SAI and Shareholder Reports will be available free upon request from the Trust, and those documents and the Form N-CSR, Form N-PX and Form N-SAR may be viewed on-screen or downloaded from the Commission's website at 
                    <E T="03">www.sec.gov.</E>
                </P>
                <P>
                    Intra-day and closing price information regarding futures and other Listed Derivatives will be available from the exchange on which such instruments are traded and from major market data vendors. Price information regarding cash equivalents, OTC Derivatives, Short-Term Fixed Income Securities, and Fixed Income Securities also will be available from major market data vendors. Additionally, the Trade Reporting and Compliance Engine (“TRACE”) of the Financial Industry Regulatory Authority (“FINRA”) will be a source of price information for certain fixed income securities to the extent transactions in such securities are reported to TRACE.
                    <SU>23</SU>
                    <FTREF/>
                     Price information regarding U.S. government securities and other cash equivalents generally may be obtained from brokers and dealers who make markets in such securities or through nationally recognized pricing services through subscription agreements. The index price is available via Bloomberg. The index methodology and constituent list of the Reference Benchmark is available via ICE Data Services.
                    <SU>24</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         Broker-dealers that are FINRA member firms have an obligation to report transactions in specified debt securities to TRACE to the extent required under applicable FINRA rules. Generally, such debt securities will have at issuance a maturity that exceeds one calendar year. For fixed income securities that are not reported to TRACE, (i) intraday price quotations will generally be available from broker-dealers and trading platforms (as applicable) and (ii) price information will be available from feeds from market data vendors, published or other public sources, or online information services, as described above.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         ICE Data Services is part of the Intercontinental Exchange, Inc.
                    </P>
                </FTNT>
                <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 closing price and trading volume information for the Shares will be published daily in the financial section of newspapers.</P>
                <P>Quotation and last sale information for the Shares will be available via the Consolidated Tape Association (“CTA”) high-speed line. Exchange-traded options quotation and last sale information for options cleared via the Options Clearing Corporation are available via the Options Price Reporting Authority. In addition, the Portfolio Indicative Value (“PIV”), as defined in NYSE Arca Rule 8.600-E(c)(3), will be widely disseminated by one or more major market data vendors at least every 15 seconds during the Core Trading Session.</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 of the Fund.
                    <SU>25</SU>
                    <FTREF/>
                     Trading in Shares of the Fund will be halted if the circuit breaker parameters in NYSE Arca Rule 7.12-E have been reached. Trading also may be halted because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. Trading in the Fund's Shares also will be subject to Rule 8.600-E(d)(2)(D) (“Trading Halts”).
                </P>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         
                        <E T="03">See</E>
                         NYSE Arca Rule 7.12-E.
                    </P>
                </FTNT>
                <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. Shares will trade on the NYSE Arca Marketplace from 4 a.m. to 8 p.m., E.T. in accordance with NYSE Arca Rule 7.34-E (Early, Core, and Late Trading Sessions). The Exchange has appropriate rules to facilitate transactions in the Shares during all trading sessions. As provided in NYSE Arca Rule 7.6-E, the minimum price variation (“MPV”) for quoting and entry of orders in equity securities traded on the NYSE Arca Marketplace is $0.01, with the exception of securities that are priced less than $1.00 for which the MPV for order entry is $0.0001.</P>
                <P>
                    With the exception of the requirements of Commentary .01(b)(1)-(4) (with respect to Short-Term Fixed Income Securities) and (e) (with respect to OTC Derivatives) to Rule 8.600-E as described above in “Application of Generic Listing Requirements,” the Shares of the Fund will conform to the initial and continued listing criteria under NYSE Arca Rule 8.600-E. Consistent with NYSE Arca Rule 8.600-E(d)(2)(B)(ii), the Adviser will implement and maintain, or be subject to, procedures designed to prevent the use and dissemination of material non-public information regarding the actual components of the Fund's portfolio. The Exchange represents that, for initial and continued listing, the Fund will be in compliance with Rule 10A-3 
                    <SU>26</SU>
                    <FTREF/>
                     under the Act, as provided by NYSE Arca Rule 5.3-E. A minimum of 100,000 Shares will be outstanding at the commencement of trading on the Exchange. The Exchange will obtain a representation from the issuer of the Shares that the NAV per Share will be calculated daily and that the NAV and the Disclosed Portfolio will be made available to all market participants at the same time. The Fund's investments will be consistent with its investment goal and will not be used to provide multiple returns of a benchmark or to produce leveraged returns.
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         17 CFR 240.10A-3.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Surveillance</HD>
                <P>
                    The Exchange represents that trading in the Shares will be subject to the existing trading surveillances, administered by FINRA on behalf of the Exchange, or by regulatory staff of the Exchange, which are designed to detect violations of Exchange rules and applicable federal securities laws. The Exchange represents that these procedures are adequate to properly monitor Exchange trading of the Shares in all trading sessions and to deter and detect violations of Exchange rules and federal securities laws applicable to trading on the Exchange.
                    <SU>27</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         FINRA conducts 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>
                </FTNT>
                <P>
                    The surveillances referred to above generally focus on detecting securities trading outside their normal patterns, which could be indicative of manipulative or other violative activity. When such situations are detected, 
                    <PRTPAGE P="10375"/>
                    surveillance analysis follows and investigations are opened, where appropriate, to review the behavior of all relevant parties for all relevant trading violations.
                </P>
                <P>
                    The Exchange or FINRA, on behalf of the Exchange, or both, will communicate as needed regarding trading in the Shares, futures, and certain listed options 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 such securities and financial instruments from such markets and other entities.
                    <SU>28</SU>
                    <FTREF/>
                     In addition, the Exchange may obtain information regarding trading in such securities and financial instruments from markets and other entities that are members of ISG or with which the Exchange has in place a comprehensive surveillance sharing agreement. In addition, FINRA, on behalf of the Exchange, is able to access, as needed, trade information for certain fixed income securities held by the Fund reported to FINRA's TRACE.
                </P>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         For a list of the current members of ISG, 
                        <E T="03">see www.isgportal.org.</E>
                         The Exchange notes that not all components of the Disclosed Portfolio may trade on markets that are members of ISG or with which the Exchange has in place a comprehensive surveillance sharing agreement.
                    </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>All statements and representations made in this filing regarding (a) the description of the portfolio or reference assets, (b) limitations on portfolio holdings or reference assets, or (c) the applicability of Exchange listing rules specified in this rule filing shall constitute continued listing requirements for listing the Shares of the Fund on the Exchange.</P>
                <P>The issuer must notify the Exchange of any failure by the Fund to comply with the continued listing requirements, and, pursuant to its obligations under Section 19(g)(1) of the Act, the Exchange will monitor for compliance with the continued listing requirements. If the Fund is not in compliance with the applicable listing requirements, the Exchange will commence delisting procedures under NYSE Arca Rule 5.5-E(m).</P>
                <HD SOURCE="HD3">Information Bulletin</HD>
                <P>Prior to the commencement of trading, the Exchange will inform its Equity Trading Permit Holders in an Information Bulletin (“Bulletin”) of the special characteristics and risks associated with trading the Shares. Specifically, the Bulletin will discuss the following: (1) The procedures for purchases and redemptions of Shares in Creation Unit aggregations (and that Shares are not individually redeemable); (2) NYSE Arca Rule 9.2-E(a), which imposes a duty of due diligence on its Equity Trading Permit Holders to learn the essential facts relating to every customer prior to trading the Shares; (3) the risks involved in trading the Shares during the Early and Late Trading Sessions when an updated PIV will not be calculated or publicly disseminated; (4) how information regarding the PIV and the Disclosed Portfolio is disseminated; (5) the requirement that Equity Trading Permit Holders deliver a prospectus to investors purchasing newly issued Shares prior to or concurrently with the confirmation of a transaction; and (6) trading information.</P>
                <P>In addition, the Bulletin will reference that the Fund is subject to various fees and expenses described in the Registration Statement. The Bulletin will discuss any exemptive, no-action, and interpretive relief granted by the Commission from any rules under the Act. The Bulletin will also disclose that the NAV for the Shares will be calculated after 4:00 p.m., Eastern time each trading day.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The basis under the Act for this proposed rule change is the requirement under Section 6(b)(5) 
                    <SU>29</SU>
                    <FTREF/>
                     that an exchange have rules that are 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, in general, to protect investors and the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <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 and traded on the Exchange pursuant to the initial and continued listing criteria in NYSE Arca Rule 8.600-E. The Exchange has in place surveillance procedures that are adequate to properly monitor trading in the Shares in all trading sessions and to deter and detect violations of Exchange rules and applicable federal securities laws. The Exchange or FINRA, on behalf of the Exchange, or both, will communicate as needed regarding trading in the Shares, futures, and certain listed options 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 such securities and financial instruments from such markets and other entities. In addition, the Exchange may obtain information regarding trading in such securities and financial instruments from markets and other entities that are members of ISG or with which the Exchange has in place a comprehensive surveillance sharing agreement. In addition, FINRA, on behalf of the Exchange, is able to access, as needed, trade information for certain fixed income securities held by the Fund reported to FINRA's TRACE. The Adviser is not registered as a broker-dealer, but is affiliated with a broker-dealer, and has implemented and will maintain a fire wall with respect to its broker-dealer affiliate regarding access to information concerning the composition and/or changes to the portfolio.</P>
                <P>The Exchange notes that, other than Commentary .01(b)(1)-(4) (with respect to Short-Term Fixed Income Securities) and .01 (e) (with respect to OTC Derivatives) to Rule 8.600-E, as described above, the Fund's portfolio will meet all other requirements of Rule 8.600-E.</P>
                <P>The proposed rule change is designed to promote just and equitable principles of trade and to protect investors and the public interest in that the Exchange will obtain a representation from the issuer of the Shares that the NAV per Share will be calculated daily and that the NAV and the Disclosed Portfolio will be made available to all market participants at the same time. In addition, a large amount of information will be publicly available regarding the Fund and the Shares, thereby promoting market transparency. Quotation and last sale information for the Shares will be available via the CTA high-speed line. Prior to the commencement of trading, the Exchange will inform its Equity Trading Permit Holders in an Information Bulletin of the special characteristics and risks associated with trading the Shares. Trading in Shares of the Fund will be halted if the circuit breaker parameters in NYSE Arca Rule 7.12-E have been reached or because of market conditions or for reasons that, in the view of the Exchange, make trading in the Shares inadvisable. Trading in the Shares will be subject to NYSE Arca Rule 8.600-E (d)(2)(D), which sets forth circumstances under which Shares of the Fund may be halted. In addition, as noted above, investors will have ready access to information regarding the Fund's holdings, NAV, the PIV, the Disclosed Portfolio, and quotation and last sale information for the Shares.</P>
                <P>
                    With respect to the Fund's proposed non-compliance with Commentary 
                    <PRTPAGE P="10376"/>
                    .01(b)(1)-(4) (with respect to Short-Term Fixed Income Securities),
                    <SU>30</SU>
                    <FTREF/>
                     Commentary .01(b) includes rules intended to ensure that the fixed income securities included in a fund's portfolio are sufficiently large and diverse and have sufficient publicly available information regarding the issuances, and the Exchange believes that any concerns related to non-compliance are mitigated by the types of instruments that the Fund would hold. The Fund's Short-Term Fixed Income Securities primarily will include those instruments that are included in the definition of cash and cash equivalents, but are not considered cash and cash equivalents because they have maturities of three months or longer. Short-Term Fixed Income Securities that are cash equivalents under Commentary .01(c) to Rule 8.600-E (that is, short-term instruments with maturities of less than three months, as described in Commentary .01(c)(2)) would comply with Commentary .01(c) and could be held without limit. The Exchange believes, however, that because all Short-Term Fixed Income Securities, including non-convertible corporate debt securities and sovereign obligations, are high quality instruments and are highly liquid, they are less susceptible than other types of fixed income instruments both to price manipulation and volatility and that the holdings as proposed are generally consistent with the policy concerns which Commentary .01(b) is intended to address. Because of these factors, the Exchange believes that the policy concerns that Commentary .01(b) is intended to address are otherwise mitigated and that the Fund should be permitted to hold these securities in a manner that may not comply with Commentary .01(b).
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         
                        <E T="03">See</E>
                         note 18, 
                        <E T="03">supra.</E>
                    </P>
                </FTNT>
                <P>
                    With respect to the Fund's proposed non-compliance with the requirements set forth in Commentary .01(e) to NYSE Arca Rule 8.600-E (with respect to OTC Derivatives) to NYSE Arca Rule 8.600-E,
                    <SU>31</SU>
                    <FTREF/>
                     specifically the proposal that up to 60% of the Fund's assets (calculated as the aggregate gross notional value) may be invested in OTC Derivatives, the Adviser believes that it is important to provide the Fund with additional flexibility to manage risk associated with its investments. Depending on market conditions, it may be critical that the Fund be able to utilize available OTC Derivatives to efficiently gain exposure to the multiple commodities markets that underlie the Reference Benchmark.
                    <SU>32</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         
                        <E T="03">See</E>
                         note 19, 
                        <E T="03">supra.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         The Commission has previously approved an exception from requirements set forth in Commentary .01(e) relating to investments in OTC derivatives similar to those proposed with respect to the Fund in Securities Exchange Act Release No. 80657 (May 11, 2017), 82 FR 22702 (May 17, 2017) (SR-NYSEArca-2017-09) (Notice of Filing of Amendment No. 2 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 2, Regarding Investments of the Janus Short Duration Income ETF Listed Under NYSE Arca Equities Rule 8.600).
                    </P>
                </FTNT>
                <P>OTC Derivatives can be tailored to provide specific exposure to the Fund's Reference Benchmark, allowing the Fund to more efficiently meet its investment objective. For example, the Reference Benchmark is composed of 20 futures contracts across 20 physical commodities, which may not be sufficiently liquid and would not provide the commodity exposure the Fund requires to meet its investment objective if the Fund were to invest in the futures directly. A total return swap can be structured to provide exposure to the same futures contracts as exist in the Reference Benchmark, while providing sufficient efficiency to allow the Fund to more easily meet its investment objective.</P>
                <P>In addition, if the Fund were to gain commodity exposure exclusively through the use of listed futures, the Fund's holdings in Listed Derivatives would be subject to position limits and accountability levels established by an exchange. Such limitations would restrict the Fund's ability to gain efficient exposure to the commodities in the Reference Benchmark, thereby impeding the Fund's ability to satisfy its investment objective.</P>
                <P>
                    The Adviser represents that the basket or index on which much of the Fund's OTC Derivatives will be based will satisfy the criteria applicable to holdings in Listed Derivatives in Commentary .01(d)(2) on an initial and continued listing basis.
                    <SU>33</SU>
                    <FTREF/>
                     With respect to the Fund's holdings in OTC Derivatives, the aggregate gross notional value of OTC Derivatives based on any five or fewer underlying reference assets will not exceed 65% of the weight of the portfolio (including gross notional exposures), and the aggregate gross notional value of OTC Derivatives based on any single underlying reference asset will not exceed 30% of the weight of the portfolio (including gross notional exposures). Futures on all commodities in the Reference Benchmark are traded on futures exchanges that are members of the ISG.
                </P>
                <FTNT>
                    <P>
                        <SU>33</SU>
                         
                        <E T="03">See</E>
                         note 20, 
                        <E T="03">supra.</E>
                    </P>
                </FTNT>
                <P>The Adviser represents that it is in the best interests of the Fund's shareholders for the Fund to be allowed to reduce commodities-related risks arising from the Fund's investments using the most efficient financial instruments. While certain risks can be hedged via Listed Derivatives, OTC Derivatives can be customized to hedge against precise risks. Accordingly, the Adviser believes that OTC Derivatives may frequently be a more efficient hedging vehicle than Listed Derivatives. Depending on market conditions, it may be critical that the Fund be able to utilize available OTC Derivatives for this purpose to gain exposure to the commodities in the Reference Benchmark in an efficient manner. Therefore, the Exchange believes that increasing the percentage limit in Commentary .01(e) (with regards to OTC Derivatives), as described above, to the Fund's investments in OTC Derivatives would help protect investors and the public interest.</P>
                <P>The proposed rule change is designed to perfect the mechanism of a free and open market and, in general, to protect investors and the public interest in that it will facilitate the listing and trading of an actively-managed exchange-traded product that, through permitted use of an increased level of OTC derivatives above that currently permitted by the generic listing requirements of Commentary .01 to NYSE Arca Rule 8.600-E, will enhance competition among market participants, to the benefit of investors and the marketplace. As noted above, the Exchange has in place surveillance procedures relating to trading in the Shares and may obtain information via ISG from other exchanges that are members of ISG or with which the Exchange has entered into a comprehensive surveillance sharing agreement. In addition, as noted above, investors have ready access to information regarding the Fund's holdings, the PIV, the Disclosed Portfolio, and quotation and last sale information for the Shares.</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 will facilitate the listing and trading of an additional type of actively-managed exchange-traded product that will enhance competition among market participants, to the benefit of investors and the marketplace.
                    <PRTPAGE P="10377"/>
                </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>No written comments were solicited or received with respect to 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 self-regulatory 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.</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">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 SR-NYSEArca-2019-12 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-NYSEArca-2019-12. 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">http://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 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NYSEArca-2019-12 and should be submitted on or before April 10, 2019.
                </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>Eduardo A. Aleman,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05211 Filed 3-19-19; 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. 34-85322; File No. SR-OCC-2019-001]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; The Options Clearing Corporation; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Revise The Options Clearing Corporation's Schedule of Fees</SUBJECT>
                <DATE>March 14, 2019.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Exchange Act” or “Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on March 8, 2019, The Options Clearing Corporation (“OCC” or “Corporation”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by OCC. OCC filed the proposed rule change pursuant to Section 19(b)(3)(A)(ii) 
                    <SU>3</SU>
                    <FTREF/>
                     of the Act and Rule 19b-4(f)(2) 
                    <SU>4</SU>
                    <FTREF/>
                     thereunder so that the proposal was effective upon filing with the Commission. 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)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         17 CFR 240.19b-4(f)(2).
                    </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 by OCC would revise OCC's Schedule of Fees effective April 1, 2019, to implement an increase in clearing fees. OCC's Schedule of Fees is included in Exhibit 5 of the filing. Material proposed to be added to OCC's Schedule of Fees as currently in effect is underlined and material proposed to be deleted is marked in strikethrough text. All capitalized terms not defined herein have the same meaning as set forth in the OCC By-Laws and Rules.
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         OCC's By-Laws and Rules can be found on OCC's public website: 
                        <E T="03">http://optionsclearing.com/about/publications/bylaws.jsp.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">II. Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, OCC 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. OCC has prepared summaries, set forth in sections (A), (B), and (C) below, of the most significant aspects of these statements.</P>
                <HD SOURCE="HD2">(A) Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">(1) Purpose</HD>
                <P>
                    The purpose of this proposed rule change is to revise OCC's Schedule of Fees effective April 1, 2019, to implement an increase in clearing fees. The proposed fee change is designed to enable OCC to accumulate capital to comply with Rule 17Ad-22(e)(15) under the Exchange Act, which requires OCC, in pertinent part, to “hold[ ] liquid net assets funded by equity to the greater of either (x) six months . . . current operating expenses, or (y) the amount determined by the Board of Directors to be sufficient to ensure a recovery or orderly wind-down of critical operations and service . . .” and “[maintain[ ] a viable plan, approved by the Board of Directors and updated at least annually, for raising additional equity should its equity fall close to or below the amount required [to be held].” 
                    <SU>6</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         17 CFR 240.17Ad-22(e)(15).
                    </P>
                </FTNT>
                <P>
                    On February 13, 2019, the Commission issued an order disapproving OCC's rules concerning its 
                    <PRTPAGE P="10378"/>
                    plan to significantly increase OCC's capitalization (“Capital Plan”).
                    <SU>7</SU>
                    <FTREF/>
                     The Capital Plan provided for a capital contribution of $150 million from OCC's five shareholder exchanges and an agreement for the shareholder exchanges to replenish OCC's capital up to another $200 million if OCC's capital fell close to or below the amount OCC determined to be required by Rule 17Ad-22(e)(15).
                    <SU>8</SU>
                    <FTREF/>
                     The Capital Plan also provided for fees to be set at a level sufficient to cover OCC's estimated operating expenses and any unexpected fluctuations in business capital needs or projected volume.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 85121 (February 13, 2019), 84 FR 5157 (February 20, 2019) (SR-OCC-2015-02).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 74452 (March 6, 2015), 80 FR 13058 (March 12, 2015) (SR-OCC-2015-02) and Securities Exchange Act Release No. 77112 (February 11, 2016), 81 FR 8294 (February 18, 2016) (SR-OCC-2015-02).
                    </P>
                </FTNT>
                <P>As a result of the Commission's disapproval order, OCC's By-Laws and Rules reverted back to their pre-Capital Plan state. Article IX, Section 9 of OCC's By-Laws, in its reverted and currently effective form, permits OCC to establish a fee structure to: (i) Cover operating expenses; (ii) maintain reserves as are deemed reasonably necessary by the Board of Directors (“Board”) to provide facilities for the conduct of OCC's business; and (iii) accumulate such additional surplus as the Board may deem advisable to permit OCC to meet its obligations to Clearing Members and the general public.</P>
                <P>
                    Following the disapproval of the Capital Plan, OCC's shareholder exchanges unanimously agreed to allow OCC to retain $40 million of the initial capital contribution on a temporary basis to ensure that OCC continues to maintain sufficient liquid net assets until such time as OCC is able to accumulate retained earnings sufficient to meet its anticipated cashflow needs and the liquid net assets funded by equity requirement of Rule 17Ad-22(e)(15).
                    <SU>9</SU>
                    <FTREF/>
                     OCC notes that the timing of the return of the remaining $40 million to shareholder exchanges is dependent on a number of variable factors, such as the implementation of the proposed fee change describe herein, cleared product volume for the year 2019, and the potential for unanticipated expenses or cash outflows not currently known to OCC.
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         17 CFR 240.17Ad-22(e)(15).
                    </P>
                </FTNT>
                <P>
                    In light of the disapproval of the Capital Plan, and pursuant to the Board's authority under Article IX, Section 9 of OCC's By-Laws, OCC's Board has determined that it is necessary and advisable to increase OCC's clearing fees to generate sufficient revenue and maintain sufficient reserves to cover OCC's anticipated operating expenses and other expected cash outlays, including any unanticipated fluctuations in operating expenses, and accumulate sufficient liquid net assets in reserve to facilitate compliance with Rule 17Ad-22(e)(15)(ii) 
                    <SU>10</SU>
                    <FTREF/>
                     and ensure that OCC's liquid net assets do not fall close to or below the amount needed to comply therewith. Specifically, the Board believes that the proposed fee change is necessary and advisable to ensure that OCC maintains sufficient liquid net assets to maintain its target capital level above $247 million throughout 2019. This target capital requirement was determined based on a number of considerations including: (i) A baseline amount that is the greater of six months of projected operating expenses or the amount determined to ensure a recovery or orderly wind-down of critical operations and services; (ii) a value linked to OCC's risk of potential business or operational losses; and (iii) the level of annual expenses from OCC's budget (excluding one-time expenses). In determining the appropriate level of the proposed fee increase, OCC's Board considered quantitative analyses based on a number of assumptions and projections, including: (i) Projected average daily contract volumes consistent with the assumptions used in OCC's 2019 annual budget; (ii) projected expenses and known cash flows based on OCC's 2019 budget; (iii) an operating margin based on an analysis of five-year historical volumes; (iv) the retention of refund and dividend payments for 2018; (v) the retention of $40 million of the initial capital contribution from the shareholder exchanges; and (vi) known capital needs to replace and modernize OCC's technology infrastructure.
                    <SU>11</SU>
                    <FTREF/>
                     OCC believes that these assumptions are both appropriate and reasonable for assessing its liquid net assets against its target capital requirement and determining the level of fees necessary to ensure that OCC continues to maintain liquid net assets in excess of that amount. Moreover, OCC and its Board believe that an increase in clearing fees is necessary and appropriate because there are no alternative means for OCC to increase its capital in a manner that is consistent with its existing By-Laws and Rules on a timely basis.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         17 CFR 240.17Ad-22(e)(15)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         OCC has provided a summary of its analysis, including projected volumes, revenues, and capital reserves under the proposed fee change, in confidential Exhibit 3 of the filing.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         OCC notes that it is also in the process of developing a new plan for replenishing its capital as required under Rule 17Ad-22(e)(15)(iii). 
                        <E T="03">See</E>
                         17 CFR 240.17Ad-22(e)(15)(iii). This replenishment plan would likely be subject to proposed rule change and advance notice filings with the Commission prior to implementation. Any revenue generated from the proposed fee increase in excess of the amount required to meet OCC's operating expenses and target capital requirement may also be factored into OCC's proposed replenishment plan and help facilitate OCC's compliance with the requirements of Rule 17Ad-22(e)(15). 
                        <E T="03">See</E>
                         17 CFR 240.17Ad-22(e)(15).
                    </P>
                </FTNT>
                <P>
                    OCC proposes to revise its Schedule of Fees as set forth below.
                    <SU>13</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         These changes are also reflected in Exhibit 5.
                    </P>
                </FTNT>
                <GPOTABLE COLS="4" OPTS="L2,tp0,i1" CDEF="s50,r50p,r50,xs72">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Current fee schedule</CHED>
                        <CHED H="2" O="L">Trades with contracts of:</CHED>
                        <CHED H="2">Current fee</CHED>
                        <CHED H="1">Proposed fee schedule</CHED>
                        <CHED H="2" O="L">Trades with contracts of:</CHED>
                        <CHED H="2">Proposed fee</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">1-1100</ENT>
                        <ENT>$0.050/contract</ENT>
                        <ENT>1-999</ENT>
                        <ENT>$0.055/contract.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">&gt;1100</ENT>
                        <ENT>$55/trade</ENT>
                        <ENT>&gt;999</ENT>
                        <ENT>$55/trade.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    OCC proposes to modify its fee schedule to: (i) Increase its per contract clearing fee from $0.050 to $0.055 per contract and (ii) adjust the quantity of contracts at which the fixed, per trade clearing fee begins from greater than 1100 contracts per trade to greater than 999 contracts per trade. OCC proposes to make the fee change effective April 1, 2019, because OCC believes that this date is the first date that the industry could be prepared to process the new fee without disruption based on consultations with market participants.
                    <SU>14</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         OCC notes that a mid-month change to clearing fees could introduce operational disruption to Clearing Members due to the impact on their billing processes.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Clearing Member Outreach</HD>
                <P>
                    On February 25, 2019, OCC provided a written notification to its Clearing Members summarizing actions approved 
                    <PRTPAGE P="10379"/>
                    by OCC's Board in response to the disapproval of the Capital Plan, which included, among other things, OCC's plan for returning the initial capital contribution of the shareholder exchanges, the temporary retention of $40 million of the initial contribution, and the proposed fee increase described herein. On February 27, 2019, OCC published an Information Memo to all of its Clearing Members and exchanges notifying them of the proposed changes to the Schedule of Fees that would become effective as of April 1, 2019, subject to OCC completing its regulatory filing requirements.
                    <SU>15</SU>
                    <FTREF/>
                     OCC also held a conference call with industry participants on March 1, 2019, to discuss these issues, including the proposed fee change. The feedback from this call regarding the fee change primarily consisted of questions concerning the length of time that the fee increase would need to be in place before OCC could reduce fees, but there were no specific objections to the fee increase raised during the call. Finally, OCC notes that the increase in clearing fees was unanimously approved by its Board of Directors, which is comprised of Member Directors representing over 50% of OCC's cleared volume and Exchange Directors representing over 80% of OCC's cleared volume.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         OCC Information Memo #44631 published on February 27, 2019, available on OCC's public website: 
                        <E T="03">https://www.theocc.com/webapps/infomemos.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">(2) Statutory Basis</HD>
                <P>
                    Section 17A(b)(3)(D) of the Act 
                    <SU>16</SU>
                    <FTREF/>
                     requires that the rules of a clearing agency provide for the equitable allocation of reasonable dues, fees, and other charges among its participants. OCC believes that the proposed fee change is reasonable because it is designed to generate sufficient revenue and accumulate sufficient reserves in the form of liquid net assets to cover OCC's operating expenses and address potential business or operational losses so that OCC can continue to meet its obligations as a systemically important financial market utility to Clearing Members and the general public if such losses were to materialize (including through a recovery or orderly wind-down of critical operations and services) and thereby facilitate compliance with certain requirements of Rule 17Ad-22(e)(15)(ii).
                    <SU>17</SU>
                    <FTREF/>
                     As described above, OCC believes that the proposed fee change is necessary and advisable to ensure that OCC maintains sufficient liquid net assets to cover its $247 million target capital requirement throughout 2019. In determining the appropriate level of the proposed fee increase, OCC's Board considered quantitative analyses based on a number of assumptions and projections, including: (i) Projected average daily contract volumes consistent with the assumptions used in OCC's 2019 annual budget; (ii) projected expenses and known cash flows based on OCC's 2019 budget; (iii) an operating margin based on an analysis of five-year historical volumes; (iv) the retention of refund and dividend payments for 2018; (v) the retention of $40 million of the initial capital contribution from the shareholder exchanges; and (vi) known capital needs to replace and modernize OCC's technology infrastructure. OCC believes that these assumptions are both appropriate and reasonable for assessing its liquid net assets against its target capital requirement and determining the level of fees necessary to ensure that OCC continues to maintain liquid net assets in excess of that amount. Moreover, OCC believes that the proposed increase in clearing fees is reasonable because it is the only way in which OCC can increase its capital as quickly as reasonably possible and in a manner that is consistent with its existing By-Laws and Rules. OCC also believes that the proposed fee change would result in an equitable allocation of fees among its participants because it would be equally applicable to all market participants transacting at a given level of contract volume. As a result, OCC believes that the proposed fee schedule provides for the equitable allocation of reasonable fees in accordance with Section 17A(b)(3)(D) of the Act.
                    <SU>18</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         15 U.S.C. 78q-1(b)(3)(D).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         17 CFR 240.17Ad-22(e)(15)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         15 U.S.C. 78q-1(b)(3)(D).
                    </P>
                </FTNT>
                <P>The proposed rule change is not inconsistent with the existing rules of OCC, including any other rules proposed to be amended.</P>
                <HD SOURCE="HD2">(B) Clearing Agency's Statement on Burden on Competition</HD>
                <P>
                    Section 17A(b)(3)(I) of the Act 
                    <SU>19</SU>
                    <FTREF/>
                     requires that the rules of a clearing agency not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. OCC does not believe that the proposed rule change would have any impact or impose a burden on competition. Although this proposed rule change affects clearing members, their customers, and the markets that OCC serves, OCC believes that the proposed rule change would not disadvantage or favor any particular user of OCC's services in relationship to another user because the proposed clearing fees apply equally to all users of OCC. Accordingly, OCC does not believe that the proposed rule change would have any impact or impose a burden on competition.
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         15 U.S.C. 78q-1(b)(3)(I).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">(C) Clearing Agency's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others</HD>
                <P>Written comments on the proposed rule change were not and are not intended to be solicited with respect to the proposed rule change and none have been received.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Pursuant to Section 19(b)(3)(A)(ii) 
                    <SU>20</SU>
                    <FTREF/>
                     of the Act, and Rule 19b-4(f)(2) thereunder,
                    <SU>21</SU>
                    <FTREF/>
                     the proposed rule change is filed for immediate effectiveness as it constitutes a change in fees charged to OCC Clearing Members. 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.
                    <SU>22</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         17 CFR 240.19b-4(f)(2).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         Notwithstanding its immediate effectiveness, implementation of this rule change will be delayed until this change is deemed certified under CFTC Regulation 40.6.
                    </P>
                </FTNT>
                <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">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 SR-OCC-2019-001 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-OCC-2019-001. 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 
                    <PRTPAGE P="10380"/>
                    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 rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street  NE, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of OCC and on OCC's website at 
                    <E T="03">https://www.theocc.com/about/publications/bylaws.jsp.</E>
                     All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-OCC-2019-001 and should be submitted on or before April 10, 2019.
                    <FTREF/>
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>23</SU>
                    </P>
                    <FTNT>
                        <P>
                            <SU>23</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Eduardo A. Aleman,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05220 Filed 3-19-19; 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. 34-85317; File No. SR-PEARL-2019-08]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; MIAX PEARL, LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the MIAX PEARL Fee Schedule</SUBJECT>
                <DATE>March 14, 2019.</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 1, 2019, MIAX PEARL, LLC (“MIAX PEARL” 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 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>The Exchange is filing a proposal to amend the MIAX PEARL Fee Schedule (the “Fee Schedule”) to modify certain of the Exchange's system connectivity fees.</P>
                <P>
                    The text of the proposed rule change is available on the Exchange's website at 
                    <E T="03">http://www.miaxoptions.com/rule-filings/pearl</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, 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 the Fee Schedule regarding connectivity to the Exchange. Specifically, the Exchange proposes to amend Sections 5a) and b) of the Fee Schedule to increase the network connectivity fees for the 1 Gigabit (“Gb”) fiber connection, the 10Gb fiber connection, and the 10Gb ultra-low latency (“ULL”) fiber connection, which are charged to both Members 
                    <SU>3</SU>
                    <FTREF/>
                     and non-Members of the Exchange for connectivity to the Exchange's primary/secondary facility. The Exchange also proposes to increase the network connectivity fees for the 1Gb and 10Gb fiber connections for connectivity to the Exchange's disaster recovery facility. Each of these connections are shared connections, and thus can be utilized to access both the Exchange and the Exchange's affiliate, Miami International Securities Exchange, LLC (“MIAX Options”). These proposed fee increases are collectively referred to herein as the “Proposed Fee Increases.”
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The term “Member” means an individual or organization that is registered with the Exchange pursuant to Chapter II of the Exchange's Rules for purposes of trading on the Exchange as an “Electronic Exchange Member” or “Market Maker.” Members are deemed “members” under the Exchange Act. 
                        <E T="03">See</E>
                         Exchange Rule 100.
                    </P>
                </FTNT>
                <P>
                    The Exchange initially filed the Proposed Fee Increases on July 31, 2018, designating the Proposed Fee Increases effective August 1, 2018.
                    <SU>4</SU>
                    <FTREF/>
                     The First Proposed Rule Change was published for comment in the 
                    <E T="04">Federal Register</E>
                     on August 13, 2018.
                    <SU>5</SU>
                    <FTREF/>
                     The Commission received one comment letter on the proposal.
                    <SU>6</SU>
                    <FTREF/>
                     The Proposed Fee Increases remained in effect until they were temporarily suspended pursuant to a suspension order (the “Suspension Order”) issued by the Commission on September 17, 2018.
                    <SU>7</SU>
                    <FTREF/>
                     The Suspension Order also instituted proceedings to determine whether to approve or disapprove the proposed rule change.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 83785 (August 7, 2018), 83 FR 40101 (August 13, 2018) (SR-PEARL-2018-16). (The “First Proposed Rule Change”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         Letter from Tyler Gellasch, Executive Director, The Healthy Markets Association, to Brent J. Fields, Secretary, Commission, dated September 4, 2018 (“Healthy Markets Letter”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 34-84177 (September 17, 2018).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>The Healthy Markets Letter argued that the Exchange did not provide sufficient information in its filing to support a finding that the proposal is consistent with the Act. Specifically, the Healthy Markets Letter objected to the Exchange's reliance on the fees of other exchanges to demonstrate that its fee increases are consistent with the Act. In addition, the Healthy Markets Letter argued that the Exchange did not offer any details to support its basis for asserting that the Proposed Fee Increases are consistent with the Act.</P>
                <P>
                    On October 5, 2018, the Exchange withdrew the First Proposed Rule Change.
                    <SU>9</SU>
                    <FTREF/>
                     The Exchange refiled the Proposed Fee Increases on September 18, 2018, designating the Proposed Fee Increases immediately effective.
                    <SU>10</SU>
                    <FTREF/>
                     The Second Proposed Rule Change was published for comment in the 
                    <E T="04">Federal Register</E>
                     on October 10, 2018.
                    <SU>11</SU>
                    <FTREF/>
                     The Commission received one comment 
                    <PRTPAGE P="10381"/>
                    letter on the proposal.
                    <SU>12</SU>
                    <FTREF/>
                     The Proposed Fee Increases remained in effect until they were temporarily suspended pursuant to a suspension order (the “Second Suspension Order”) issued by the Commission on October 3, 2018.
                    <SU>13</SU>
                    <FTREF/>
                     The Second Suspension Order also instituted proceedings to determine whether to approve or disapprove the Second Proposed Rule Change.
                    <SU>14</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 84397 (October 10, 2018), 83 FR 52272 (October 16, 2018) (SR-PEARL-2018-16).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 84358 (October 3, 2018), 83 FR 51022 (October 10, 2018) (SR-PEARL-2018-19). (The “Second Proposed Rule Change”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">See</E>
                         Letter from Theodore R. Lazo, Managing Director and Associate General Counsel, and Ellen Greene, Managing Director Financial Services Operations, The Securities Industry and Financial Markets Association (“SIFMA”), to Brent J. Fields, Secretary, Commission, dated October 15, 2018 (“SIFMA Letter”).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See supra</E>
                         note 10.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    The SIFMA Letter argued that the Exchange did not provide sufficient information in its filing to support a finding that the proposal should be approved by the Commission after further review of the proposed fee increases. Specifically, the SIFMA Letter objected to the Exchange's reliance on the fees of other exchanges to justify its own fee increases. In addition, the SIFMA Letter argued that the Exchange did not offer any details to support its basis for asserting that the Proposed Fee Increases are reasonable. On November 23, 2018, the Exchange withdrew the Second Proposed Rule Change.
                    <SU>15</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 84651 (November 26, 2018), 83 FR 61687 (November 30, 2018) (SR-PEARL-2018-19).
                    </P>
                </FTNT>
                <P>The Exchange is now re-filing the Proposed Fee Increases, and is also providing new information, including providing additional detail about the market participants impacted by the Proposed Fee Increases, as well as the additional costs incurred by the Exchange associated with providing the connectivity alternatives, in order to provide more transparency and support relating to the Exchange's belief that the Proposed Fee Increases are reasonable, equitable, and non-discriminatory, and to provide sufficient information for the Commission to determine that the Proposed Fee Increases are consistent with the Act. The proposed rule change is immediately effective upon filing with the Commission pursuant to Section 19(b)(3)(A) of the Act.</P>
                <P>The Exchange currently offers various bandwidth alternatives for connectivity to the Exchange to its primary and secondary facilities, consisting of a 1Gb fiber connection, a 10Gb fiber connection, and a 10Gb ULL fiber connection. The 10Gb ULL offering uses an ultra-low latency switch, which provides faster processing of messages sent to it in comparison to the switch used for the other types of connectivity. The Exchange currently assesses the following monthly network connectivity fees to both Members and non-Members for connectivity to the Exchange's primary/secondary facility: (a) $1,100 for the 1Gb connection; (b) $5,500 for the 10Gb connection; and (c) $8,500 for the 10Gb ULL connection. The Exchange also assesses to both Members and non-Members a monthly per connection network connectivity fee of $500 for each 1Gb connection to the disaster recovery facility and a monthly per connection network connectivity fee of $2,500 for each 10Gb connection to the disaster recovery facility.</P>
                <P>The Exchange's MIAX Express Network Interconnect (“MENI”) can be configured to provide Members and non-Members of the Exchange network connectivity to the trading platforms, market data systems, test systems, and disaster recovery facilities of both the Exchange and its affiliate, MIAX Options, via a single, shared connection. Members and non-Members utilizing the MENI to connect to the trading platforms, market data systems, test systems and disaster recovery facilities of the Exchange and MIAX Options via a single, shared connection are assessed only one monthly network connectivity fee per connection, regardless of the trading platforms, market data systems, test systems, and disaster recovery facilities accessed via such connection.</P>
                <P>The Exchange proposes to increase the monthly network connectivity fees for such connections for both Members and non-Members. The network connectivity fees for connectivity to the Exchange's primary/secondary facility will be increased as follows: (a) From $1,100 to $1,400 for the 1Gb connection; (b) from $5,500 to $6,100 for the 10Gb connection; and (c) from $8,500 to $9,300 for the 10Gb ULL connection. The network connectivity fees for connectivity to the Exchange's disaster recovery facility will be increased as follows: (a) from $500 to $550 for the 1Gb connection; and (b) from $2,500 to $2,750 for the 10Gb connection.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes that its proposal to amend its Fee Schedule is consistent with Section 6(b) of the Act 
                    <SU>16</SU>
                    <FTREF/>
                     in general, and furthers the objectives of Section 6(b)(4) of the Act 
                    <SU>17</SU>
                    <FTREF/>
                     in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among Exchange Members and issuers and other persons using any facility or system which the Exchange operates or controls. The Exchange also believes the proposal furthers the objectives of Section 6(b)(5) of the Act 
                    <SU>18</SU>
                    <FTREF/>
                     in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest and is not designed to permit unfair discrimination between customer, issuers, brokers and dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>First, the Exchange believes that its proposal is consistent with Section 6(b)(4) of the Act, in that the Proposed Fee Changes are fair, equitable and not unreasonably discriminatory, because the fees for the connectivity alternatives available on the Exchange, as proposed to be increased, are competitive and market-driven. The U.S. options markets are highly competitive (there are currently 16 options markets) and a reliance on competitive markets is an appropriate means to ensure equitable and reasonable prices.</P>
                <P>The Exchange acknowledges that there is no regulatory requirement that any market participant connect to the Exchange, or that any participant connect at any specific connection speed. The rule structure for options exchanges are, in fact, fundamentally different from those of equities exchanges. The Exchange further recognizes that the decision of whether to connect to the Exchange is separate and distinct from the decision of whether and how to trade on the Exchange. The Exchange acknowledges that many firms may choose to connect to the Exchange, but ultimately not trade on it.</P>
                <P>
                    The Exchange 
                    <SU>19</SU>
                    <FTREF/>
                     and MIAX Options 
                    <SU>20</SU>
                    <FTREF/>
                     are comprised of 41 distinct Members between the two exchanges, excluding any additional affiliates of such Members that are also Members of MIAX PEARL, MIAX Options, or both. Of those 41 distinct Members, 33 Members have purchased the 1Gb, 10Gb, 10Gb ULL connections or some combination of multiple various connections. Furthermore, every Member who has purchased at least one connection also trades on the Exchange, MIAX Options, or both, with the exception of one new Member who is currently in the on-boarding process. The 8 remaining Members who have not 
                    <PRTPAGE P="10382"/>
                    purchased any connectivity to the Exchange are still able to trade on the Exchange indirectly through other Members or non-Member service bureaus that are connected. These 8 Members who have not purchased connectivity are not forced or compelled to purchase connectivity, and they retain all of the other benefits of Membership with the Exchange. Accordingly, Members have the choice to purchase connectivity and are not compelled to do so in any way.
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         MIAX PEARL has 36 distinct Members, excluding affiliated entities. 
                        <E T="03">See</E>
                         MIAX PEARL Exchange Member Directory, available at 
                        <E T="03">https://www.miaxoptions.com/exchange-members/pearl.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         MIAX Options has 38 distinct Members, excluding affiliated entities. 
                        <E T="03">See</E>
                         MIAX Options Exchange Member Directory, available at 
                        <E T="03">https://www.miaxoptions.com/exchange-members.</E>
                    </P>
                </FTNT>
                <P>
                    With respect to options trading, the Exchange had only 4.82% market share of the U.S. options industry in Equity/ETF classes according to the OCC in 2018.
                    <SU>21</SU>
                    <FTREF/>
                     For all of 2018, the Exchange's affiliate, MIAX Options had only 4.39% market share of the U.S. options industry in Equity/ETF classes according to the OCC.
                    <SU>22</SU>
                    <FTREF/>
                     The Exchange is aware of no evidence that a combined market share of less than 10% provides the Exchange with anti-competitive pricing power.
                </P>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See</E>
                         Exchange Market Share of Equity Products—2018, The Options Clearing Corporation, available at 
                        <E T="03">https://www.theocc.com/webapps/exchange-volume.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    Separately, the Exchange is not aware of any reason why market participants could not simply drop their connections and cease being Members of the Exchange if the Exchange were to establish unreasonable and uncompetitive price increases for its connectivity alternatives. No options market participant is required by rule, regulation, or competitive forces to be a Member of the Exchange. Several market participants choose not to be Members of the Exchange and choose not to access the Exchange, and several market participants also access the Exchange indirectly through another market participant. To illustrate, the Exchange has only 41 Members (including all such Members' affiliate Members). However, Cboe Exchange, Inc. (“Cboe”) has over 200 members,
                    <SU>23</SU>
                    <FTREF/>
                     Nasdaq ISE, LLC has approximately 100 members,
                    <SU>24</SU>
                    <FTREF/>
                     and NYSE American LLC has over 80 members.
                    <SU>25</SU>
                    <FTREF/>
                     If all market participants were required to be Members of the Exchange and connect directly to the Exchange, the Exchange would have over 200 Members, in line with Cboe's total membership. But it does not. The Exchange only has 41 Members (inclusive of Members' affiliates).
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         
                        <E T="03">See</E>
                         Form 1/A, filed August 30, 2018 (
                        <E T="03">https://www.sec.gov/Archives/edgar/vprr/1800/18002831.pdf</E>
                        ); Form 1/A, filed August 30, 2018 (
                        <E T="03">https://www.sec.gov/Archives/edgar/vprr/1800/18002833.pdf</E>
                        ); Form 1/A, filed July 24, 2018 (
                        <E T="03">https://www.sec.gov/Archives/edgar/vprr/1800/18002781.pdf</E>
                        ); Form 1/A, filed August 30, 2018 (
                        <E T="03">https://www.sec.gov/Archives/edgar/data/1473845/999999999718007832/9999999997-18-007832-index.htm</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         
                        <E T="03">See</E>
                         Form 1/A, filed July 1, 2016 (
                        <E T="03">https://www.sec.gov/Archives/edgar/vprr/1601/16019243.pdf</E>
                        ).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         
                        <E T="03">See https://www.nyse.com/markets/american-options/membership#directory.</E>
                    </P>
                </FTNT>
                <P>
                    The Exchange finds it compelling that all of the Exchange's existing Members continued to purchase the Exchange's connectivity services during the period for which the Proposed Fee Increases took effect in August 2018. In particular, the Exchange believes that the Proposed Fee Increases are reasonable because the Exchange did not lose any Members (or the number of connections each Member purchased) or non-Member connections due to the Exchange increasing its connectivity fees through the First Proposed Rule Change, which fee increase became effective August 1, 2018. For example, in July 2018, fourteen (14) Members purchased 1Gb connections, ten (10) Members purchased 10Gb connections, and fifteen (15) Members purchased 10Gb ULL connections. (The Exchange notes that 1Gb connections are purchased primarily by EEM Members; 10Gb ULL connections are purchased primarily by higher volume Market Makers quoting all products across both MIAX PEARL and MIAX Options; and 10Gb connections are purchased by higher volume EEMs and lower volume Market Makers.) The vast majority of those Members purchased multiple such connections with the actual number of connections depending on the Member's throughput requirements based on the volume of their quote/order traffic associated with their business model. After the fee increase, beginning August 1, 2018, the same number of Members purchased the same number of connections.
                    <SU>26</SU>
                    <FTREF/>
                     Furthermore, the total number of connections did not decrease from July to August 2018, and in fact one Member even purchased two (2) additional 10Gb ULL connections in August 2018, after the fee increase.
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         The Exchange notes that one Member downgraded one connection in July, however such downgrade was done well ahead of notice of the Proposed Fee Increase and was the result of a change to the Member's business operation that was completely independent of, and unrelated to, the Proposed Fee Increases.
                    </P>
                </FTNT>
                <P>Also, in July 2018, four (4) non-Members purchased 1Gb connections, two (2) non-Members purchased 10Gb connections, and one (1) non-Member purchased 10Gb ULL connections. After the fee increase, beginning August 1, 2018, the same non-Members purchased the same number of connections across all available alternatives and two (2) additional non-Members purchased three (3) more connections after the fee increase. These non-Members freely purchased their connectivity with the Exchange in order to offer trading services to other firms and customers, as well as access to the market data services that their connections to the Exchange provide them, but they are not required or compelled to purchase any of the Exchange's connectivity options.</P>
                <P>Of those Members and non-Members that bought multiple connections, no firm dropped any connections beginning August 1, 2018, when the Exchange increased its fees. Nor did the Exchange lose any Members. Furthermore, the Exchange did not receive any comment letters or official complaints from any Member or non-Member purchaser of connectivity regarding the increased fees regarding how the fee increase was unreasonable, unduly burdensome, or would negatively impact their competitiveness amongst other market participants. Therefore, the Exchange believes that the Proposed Fee Increases are fair, equitable, and non-discriminatory, as the fees are competitive.</P>
                <P>The Exchange believes that the Proposed Fee Increases are equitably allocated among Members and non-Members, as evidenced by the fact that the fee increases are allocated across all connectivity alternatives, and there is not a disproportionate number of Members purchasing any alternative—fourteen (14) Members purchased 1Gb connections, ten (10) Members purchased 10Gb connections, fifteen (15) Members purchased 10Gb ULL connections, four (4) non-Members purchased 1Gb connections, two (2) non-Members purchased 10Gb connections, and one (1) non-Member purchased 10Gb ULL connections. The Exchange recognizes that the relative fee increases are 27% for the 1Gb connection, 10.9% for the 10Gb connection, and 9.4% for the 10Gb ULL connection, but the Exchange believes that percentage increase differentiation is appropriate, given the different levels of service provided and the largest percentage increase being associated with the lowest cost connection.</P>
                <P>
                    Second, the Exchange believes that its proposal is consistent with Section 6(b)(4) of the Act because the Proposed Fee Increases allow the Exchange to recover a portion (less than all) of the increased costs incurred by the Exchange associated with providing and maintaining the necessary hardware and other infrastructure to support this technology since Exchange launched operations in February 2017. Put simply, the costs of the Exchange to provide these services have increased 
                    <PRTPAGE P="10383"/>
                    considerably over this time, as more fully-detailed and quantified below. The Exchange believes that it is reasonable and appropriate to increase its fees charged for use of its connectivity to partially offset the increased costs the Exchange incurred during this time associated with maintaining and enhancing a state-of-the-art exchange network infrastructure in the U.S. options industry.
                </P>
                <P>In particular, the Exchange's increased costs associated with supporting its network are due to several factors, including increased costs associated with maintaining and expanding a team of highly-skilled network engineers (the Exchange also hired additional network engineering staff in 2017 and 2018), increasing fees charged by the Exchange's third-party data center operator, and costs associated with projects and initiatives designed to improve overall network performance and stability, through the Exchange's R&amp;D efforts.</P>
                <P>In order to provide more detail and to quantify the Exchange's increased costs, the Exchange notes that increased costs are associated with the infrastructure and increased headcount to fully-support the advances in infrastructure and expansion of network level services, including customer monitoring, alerting and reporting. Additional technology expenses were incurred related to the expanding its Information Security services, monitoring and remediation, as well as Regulation SCI mandated processes associated with network technology. All of these additional expenses have been incurred by the Exchange since became operational in February 2017. Examples include an approximate 70% increase in technology-related personnel costs in infrastructure, due to expansion of services/support; an approximate 10% increase in datacenter costs due to price increases and footprint expansion; an approximate 5% increase in vendor-supplied dark fiber due to price increases and expanded capabilities; and a 30% increase in market data connectivity fees. The Exchange also incurred significant capital expenditures over this same period to upgrade and enhance the underlying technology components, as more fully-detailed below.</P>
                <P>Further, because the costs of operating a data center are significant and not economically feasible for the Exchange, the Exchange does not operate its own data centers, and instead contracts with a third-party data center provider. The Exchange notes that larger, dominant exchange operators own/operate their data centers, which offers them greater control over their data center costs. Because those exchanges own and operate their data centers as profit centers, the Exchange is subject to additional costs. As a result, the Exchange is subject to fee increases from its data center provider, which the Exchange experienced in 2017 and 2018 of approximately 10%, as cited above.</P>
                <P>Further, the Exchange invests significant resources in network R&amp;D to improve the overall performance and stability of its network. For example, the Exchange has a number of network monitoring tools (some of which were developed in-house, and some of which are licensed from third-parties), that continually monitor, detect, and report network performance, many of which serve as significant value-adds to the Exchange's Members and enable the Exchange to provide a high level of customer service. These tools detect and report performance issues, and thus enable the Exchange to proactively notify a Member (and the SIPs) when the Exchange detects a problem with a Member's connectivity. The costs associated with the maintenance and improvement of existing tools and the development of new tools resulted in significant increased cost to the Exchange since February 2017.</P>
                <P>Certain recently developed network aggregation and monitoring tools provide the Exchange with the ability to measure network traffic with a much more granular level of variability. This is important as Exchange Members demand a higher level of network determinism and the ability to measure variability in terms of single digit nanoseconds. Also, the Exchange routinely conducts R&amp;D projects to improve the performance of the network's hardware infrastructure. As an example, in the last year, the Exchange's R&amp;D efforts resulted in a performance improvement, requiring the purchase of new equipment to support that improvement, and thus resulting in increased costs in the hundreds of thousands of dollars range. In sum, the costs associated with maintaining and enhancing a state-of-the-art exchange network infrastructure in the U.S. options industry is a significant expense for the Exchange that continues to increase, and thus the Exchange believes that it is reasonable to offset a portion of those increased costs by increasing its network connectivity fees, as proposed herein. Overall, the Proposed Fee Increases are projected to offset only a portion of the Exchange's increased network connectivity costs that were incurred by the Exchange since it launched operations in February 2017.</P>
                <P>
                    The Exchange notes that other exchanges have similar connectivity alternatives for their participants, including similar low-latency connectivity. For example, Nasdaq PHLX LLC (“Phlx”), NYSE Arca, Inc. (“Arca”), NYSE American LLC (“NYSE American”) and Nasdaq ISE, LLC (“ISE”) all offer a 1Gb, 10Gb and 10Gb low latency ethernet connectivity alternatives to each of their participants.
                    <SU>27</SU>
                    <FTREF/>
                     The Exchange further notes that Phlx, ISE, Arca and NYSE American each charge higher rates for such similar connectivity to primary and secondary facilities.
                    <SU>28</SU>
                    <FTREF/>
                     Additionally, the Exchange's proposed connectivity fees to its disaster recovery facility are within the range of the fees charged by other exchanges for similar connectivity alternatives.
                    <SU>29</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         
                        <E T="03">See</E>
                         Phlx and ISE Rules, General Equity and Options Rules, General 8, Section 1(b). Phlx and ISE each charge a monthly fee of $2,500 for each 1Gb connection, $10,000 for each 10Gb connection and $15,000 for each 10Gb Ultra connection, which the equivalent of the Exchange's 10Gb ULL connection. 
                        <E T="03">See also</E>
                         NYSE American Fee Schedule, Section V.B, and Arca Fees and Charges, Co-Location Fees. NYSE American and Arca each charge a monthly fee of $5,000 for each 1Gb circuit, $14,000 for each 10Gb circuit and $22,000 for each 10Gb LX circuit, which the equivalent of the Exchange's 10Gb ULL connection.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>28</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         
                        <E T="03">See</E>
                         Nasdaq ISE, Options Rules, Options 7, Pricing Schedule, Section 11.D. (charging $3,000 for disaster recovery testing &amp; relocation services); 
                        <E T="03">see also</E>
                         Cboe Exchange, Inc. (“Cboe”) Fees Schedule, p. 14, Cboe Command Connectivity Charges (charging a monthly fee of $2,000 for a 1Gb disaster recovery network access port and a monthly fee of $6,000 for a 10Gb disaster recovery network access port).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">B. Self-Regulatory Organization's Statement on Burden on Competition</HD>
                <P>MIAX PEARL does not believe that the proposed rule changes will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. In particular, the Exchange has received no official complaints from Members or others who connect to it that its fees or the Proposed Fee Increases are negatively impacting or would negatively impact their abilities to compete with other market participants. Further, the Exchange is unaware of any assertion that its existing fee levels or the Proposed Fee Increases would somehow unduly impair its competition with other options exchanges. To the contrary, if the fees charged are deemed too high by market participants, they can simply disconnect.</P>
                <P>
                    While the Exchange recognizes the distinction between connecting to an exchange and trading at the exchange, the Exchange notes that it operates in a highly competitive options market in 
                    <PRTPAGE P="10384"/>
                    which market participants can readily connect and trade with venues they desire. In such an environment, the Exchange must continually adjust its fees to remain competitive with other exchanges. The Exchange believes that the proposed changes reflect this competitive environment.
                </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>
                    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Act,
                    <SU>30</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(2) 
                    <SU>31</SU>
                    <FTREF/>
                     thereunder. 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 shall institute proceedings to determine whether the proposed rule should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         15 U.S.C. 78s(b)(3)(A)(ii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         17 CFR 240.19b-4(f)(2).
                    </P>
                </FTNT>
                <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">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 SR-PEARL-2019-08 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-2019-08. 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">http://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 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-PEARL-2019-08 and should be submitted on or before April 10, 2019.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>32</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>32</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Eduardo A. Aleman,</NAME>
                    <TITLE>Deputy Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05216 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF STATE</AGENCY>
                <DEPDOC>[Public Notice: 10713]</DEPDOC>
                <SUBJECT>Determination and Waiver of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2018 (Div. K Pub. L. 115-141) Relating to Assistance for the Independent States of the Former Soviet Union</SUBJECT>
                <P>Pursuant to the authority vested in me as Secretary of State, including by section 7046(b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2018 (Div. K, Pub. L. 115-141) (“the Act”) and E.O. 12163, as amended by E.O. 13118, I hereby determine that it is in the national security interest of the United States to make available funds appropriated by the Act, without regard to the restriction in section 7046(b) of the Act, for Armenia, Azerbaijan, Belarus, Georgia, Moldova, Kazakhstan, the Kyrgyz Republic, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.</P>
                <P>
                    This Determination shall be reported to the Congress and published in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <DATED>Dated: May 8, 2018.</DATED>
                    <NAME>Michael Pompeo,</NAME>
                    <TITLE>Secretary of State.</TITLE>
                </SIG>
                <NOTE>
                    <HD SOURCE="HED">Editorial note:</HD>
                    <P>This document was received for publication by the Office of the Federal Register on March 15, 2019.</P>
                </NOTE>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05288 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4710-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF STATE</AGENCY>
                <DEPDOC>[Public Notice 10712]</DEPDOC>
                <SUBJECT>Notice of Determinations; Culturally Significant Objects Imported for Exhibition—Determinations: “Sur Moderno: Journeys of Abstraction—The Patricia Phelps de Cisneros Gift” Exhibition</SUBJECT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        Notice is hereby given of the following determinations: I hereby determine that the objects to be exhibited in the exhibition “Sur moderno: Journeys of Abstraction—The Patricia Phelps de Cisneros Gift,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The Museum of Modern Art, New York, New York, from on or about October 21, 2019, until on or about March 14, 2020, and at possible additional exhibitions or venues yet to be determined, is in the national interest. I have ordered that Public Notice of these determinations be published in the 
                        <E T="04">Federal Register</E>
                        .
                    </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email: 
                        <E T="03">section2459@state.gov</E>
                        ). The mailing address is U.S. Department of State, L/PD, SA-5, Suite 5H03, Washington, DC 20522-0505.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, 
                    <E T="03">et seq.;</E>
                     22 U.S.C. 6501 note, 
                    <E T="03">et seq.</E>
                    ), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 of 
                    <PRTPAGE P="10385"/>
                    August 28, 2000, and Delegation of Authority No. 236-26 of March 8, 2019.
                </P>
                <SIG>
                    <NAME>Jennifer Z. Galt,</NAME>
                    <TITLE>Principal Deputy Assistant Secretary, Educational and Cultural Affairs, Department of State. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05268 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4710-05-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SURFACE TRANSPORTATION BOARD</AGENCY>
                <DEPDOC>[Docket No. FD 36277]</DEPDOC>
                <SUBJECT>Iowa Northern Railway Company—Lease Exemption With Interchange Commitment—Rail Line of Union Pacific Railroad Company</SUBJECT>
                <P>Iowa Northern Railway Company (IANR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to lease from Union Pacific Railroad Company (UP) and operate approximately 6.9 miles of rail line in Black Hawk County, Iowa, known as the Waterloo Industrial Line (the Line). The Line is located between milepost 325.1 and milepost 332.0 and includes a rail yard located at approximately milepost 326.5 and certain side tracks located at approximately milepost 329.0 and milepost 331.5.</P>
                <P>IANR states that an agreement between UP and IANR was reached in February 2019 for IANR's lease and operation of the Line (the lease agreement).</P>
                <P>
                    IANR certifies that its projected revenues as a result of this transaction will not result in the creation of a Class I or Class II rail carrier and will not exceed $5 million. As required under 49 CFR 1150.43(h)(1), IANR has disclosed in its verified notice that the lease agreement contains an interchange commitment that will require IANR to pay additional charges to UP for carloads that originate or terminate on the Line that are not interchanged with UP.
                    <SU>1</SU>
                    <FTREF/>
                     IANR has provided additional information regarding the interchange commitment as required by 49 CFR 1150.43(h).
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         A copy of the lease agreement was submitted under seal with the verified notice. 
                        <E T="03">See</E>
                         49 CFR 1150.43(h)(1).
                    </P>
                </FTNT>
                <P>IANR states that it expects to commence operations immediately following the effective date of this transaction, which, unless stayed, will be April 3, 2019 (30 days after the verified notice of exemption was filed).</P>
                <P>If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the effectiveness of the exemption. Petitions for stay must be filed no later than March 27, 2019.</P>
                <P>An original and 10 copies of all pleadings, referring to Docket No. FD 36277, must be filed with the Surface Transportation Board, 395 E Street SW, Washington, DC 20423-0001. In addition, a copy of each pleading must be served on T. Scott Bannister, Esq., Iowa Northern Railway Company, 201 Tower Park Drive, Suite 300, Waterloo, IA 50701.</P>
                <P>According to IANR, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting under 49 CFR 1105.8(b).</P>
                <P>
                    Board decisions and notices are available at 
                    <E T="03">www.stb.gov.</E>
                </P>
                <SIG>
                    <DATED>Decided: March 15, 2019.</DATED>
                    <P>By the Board, Allison C. Davis, Acting Director, Office of Proceedings.</P>
                    <NAME>Brendetta Jones,</NAME>
                    <TITLE>Clearance Clerk.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05271 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4915-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SURFACE TRANSPORTATION BOARD</AGENCY>
                <DEPDOC>[Docket No. EP 670 (Sub-No. 2)]</DEPDOC>
                <SUBJECT>Notice of Rail Energy Transportation Advisory Committee Vacancy; Correction</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Surface Transportation Board.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; correction.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Surface Transportation Board published a document in the 
                        <E T="04">Federal Register</E>
                         of March 6, 2016, giving notice of one vacancy on its Rail Energy Transportation Advisory Committee and soliciting suggestions from the public for candidates to fill the vacancy. The published document contained an incorrect description of the vacancy.
                    </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Kristen Nunnally, (202) 245-0312. Federal Information Relay Service (FIRS) for the hearing impaired: (800) 877-8339.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Correction</HD>
                <P>
                    In the 
                    <E T="04">Federal Register</E>
                     of March 6, 2019, in FR Doc. 2019-03981, on page 8151, in the first and second columns, correct the “Summary” and “Supplementary Information” captions by replacing the phrase “a representative of the electric utility industry” with the phrase “a representative of the electric utility industry from a rural electric cooperative.” All other information remains unchanged.
                </P>
                <SIG>
                    <DATED>Decided: March 15, 2019.</DATED>
                    <P>By the Board, Allison C. Davis, Acting Director, Office of Proceedings.</P>
                    <NAME>Regena Smith-Bernard,</NAME>
                    <TITLE>Clearance Clerk.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05252 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4915-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Motor Carrier Safety Administration</SUBAGY>
                <DEPDOC>[Docket No. FMCSA-1998-4334; FMCSA-2000-7363; FMCSA-2000-7918; FMCSA-2002-13411; FMCSA-2003-14223; FMCSA-2004-19477; FMCSA-2005-20027; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0106; FMCSA-2008-0340; FMCSA-2008-0398; FMCSA-2009-0154; FMCSA-2010-0187; FMCSA-2010-0201; FMCSA-2010-0327; FMCSA-2010-0354; FMCSA-2010-0372; FMCSA-2010-0413; FMCSA-2011-0010; FMCSA-2011-0380; FMCSA-2012-0278; FMCSA-2012-0279; FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2012-0339; FMCSA-2013-0021; FMCSA-2013-0022; FMCSA-2013-0023; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2015-0347; FMCSA-2016-0207; FMCSA-2016-0208; FMCSA-2016-0209; FMCSA-2016-0212; FMCSA-2016-0213; FMCSA-2016-0214; FMCSA-2016-0377]</DEPDOC>
                <SUBJECT>Qualification of Drivers; Exemption Applications; Vision</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Motor Carrier Safety Administration (FMCSA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of renewal of exemptions; request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>FMCSA announces its decision to renew exemptions for 110 individuals from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) drivers. The exemptions enable these individuals to continue to operate CMVs in interstate commerce without meeting the vision requirements in one eye.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Each group of renewed exemptions were applicable on the dates stated in the discussions below and will expire on the dates stated in the discussions below. Comments must be received on or before April 19, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA-1998-4334; FMCSA-2000-7363; FMCSA-2000-7918; FMCSA-2002-13411; FMCSA-2003-14223; 
                        <PRTPAGE P="10386"/>
                        FMCSA-2004-19477; FMCSA-2005-20027; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0106; FMCSA-2008-0340; FMCSA-2008-0398; FMCSA-2009-0154; FMCSA-2010-0187; FMCSA-2010-0201; FMCSA-2010-0327; FMCSA-2010-0354; FMCSA-2010-0372; FMCSA-2010-0413; FMCSA-2011-0010; FMCSA-2011-0380; FMCSA-2012-0278; FMCSA-2012-0279; FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2012-0339; FMCSA-2013-0021; FMCSA-2013-0022; FMCSA-2013-0023; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2015-0347; FMCSA-2016-0207; FMCSA-2016-0208; FMCSA-2016-0209; FMCSA-2016-0212; FMCSA-2016-0213; FMCSA-2016-0214; FMCSA-2016-0377 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>
                         Follow the online instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery:</E>
                         West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         1-202-493-2251.
                    </P>
                    <P>
                        To avoid duplication, please use only one of these four methods. See the “Public Participation” portion of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section for instructions on submitting comments.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ms. Christine A. Hydock, Chief, Medical Programs Division, 202-366-4001, 
                        <E T="03">fmcsamedical@dot.gov,</E>
                         FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Public Participation</HD>
                <HD SOURCE="HD2">A. Submitting Comments</HD>
                <P>If you submit a comment, please include the docket number for this notice (Docket No. FMCSA-1998-4334; FMCSA-2000-7363; FMCSA-2000-7918; FMCSA-2002-13411; FMCSA-2003-14223; FMCSA-2004-19477; FMCSA-2005-20027; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0106; FMCSA-2008-0340; FMCSA-2008-0398; FMCSA-2009-0154; FMCSA-2010-0187; FMCSA-2010-0201; FMCSA-2010-0327; FMCSA-2010-0354; FMCSA-2010-0372; FMCSA-2010-0413; FMCSA-2011-0010; FMCSA-2011-0380; FMCSA-2012-0278; FMCSA-2012-0279; FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2012-0339; FMCSA-2013-0021; FMCSA-2013-0022; FMCSA-2013-0023; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2015-0347; FMCSA-2016-0207; FMCSA-2016-0208; FMCSA-2016-0209; FMCSA-2016-0212; FMCSA-2016-0213; FMCSA-2016-0214; FMCSA-2016-0377), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission.</P>
                <P>
                    To submit your comment online, go to 
                    <E T="03">http://www.regulations.gov,</E>
                     put the docket number, FMCSA-1998-4334; FMCSA-2000-7363; FMCSA-2000-7918; FMCSA-2002-13411; FMCSA-2003-14223; FMCSA-2004-19477; FMCSA-2005-20027; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0106; FMCSA-2008-0340; FMCSA-2008-0398; FMCSA-2009-0154; FMCSA-2010-0187; FMCSA-2010-0201; FMCSA-2010-0327; FMCSA-2010-0354; FMCSA-2010-0372; FMCSA-2010-0413; FMCSA-2011-0010; FMCSA-2011-0380; FMCSA-2012-0278; FMCSA-2012-0279; FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2012-0339; FMCSA-2013-0021; FMCSA-2013-0022; FMCSA-2013-0023; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2015-0347; FMCSA-2016-0207; FMCSA-2016-0208; FMCSA-2016-0209; FMCSA-2016-0212; FMCSA-2016-0213; FMCSA-2016-0214; FMCSA-2016-0377, in the keyword box, and click “Search.” When the new screen appears, click on the “Comment Now!” button and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit.
                </P>
                <P>
                    If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8
                    <FR>1/2</FR>
                     by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope.
                </P>
                <P>FMCSA will consider all comments and material received during the comment period.</P>
                <HD SOURCE="HD2">B. Viewing Documents and Comments</HD>
                <P>
                    To view comments, as well as any documents mentioned in this notice as being available in the docket, go to 
                    <E T="03">http://www.regulations.gov.</E>
                     Insert the docket number, FMCSA-1998-4334; FMCSA-2000-7363; FMCSA-2000-7918; FMCSA-2002-13411; FMCSA-2003-14223; FMCSA-2004-19477; FMCSA-2005-20027; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0106; FMCSA-2008-0340; FMCSA-2008-0398; FMCSA-2009-0154; FMCSA-2010-0187; FMCSA-2010-0201; FMCSA-2010-0327; FMCSA-2010-0354; FMCSA-2010-0372; FMCSA-2010-0413; FMCSA-2011-0010; FMCSA-2011-0380; FMCSA-2012-0278; FMCSA-2012-0279; FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2012-0339; FMCSA-2013-0021; FMCSA-2013-0022; FMCSA-2013-0023; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2014-0301; FMCSA-2014-0302; FMCSA-2014-0304; FMCSA-2015-0347; FMCSA-2016-0207; FMCSA-2016-0208; FMCSA-2016-0209; FMCSA-2016-0212; FMCSA-2016-0213; FMCSA-2016-0214; FMCSA-2016-0377, in the keyword box, and click “Search.” Next, click the “Open Docket Folder” button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
                    <PRTPAGE P="10387"/>
                </P>
                <HD SOURCE="HD2">C. Privacy Act</HD>
                <P>
                    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">www.regulations.gov,</E>
                     as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
                    <E T="03">www.dot.gov/privacy.</E>
                </P>
                <HD SOURCE="HD1">II. Background</HD>
                <P>Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for five years if it finds that such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The statute also allows the Agency to renew exemptions at the end of the five-year period. FMCSA grants exemptions from the FMCSRs for a two-year period to align with the maximum duration of a driver's medical certification.</P>
                <P>The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to drive a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of a least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing red, green, and amber.</P>
                <P>The 110 individuals listed in this notice have requested renewal of their exemptions from the vision standard in 49 CFR 391.41(b)(10), in accordance with FMCSA procedures. Accordingly, FMCSA has evaluated these applications for renewal on their merits and decided to extend each exemption for a renewable two-year period.</P>
                <HD SOURCE="HD1">III. Request for Comments</HD>
                <P>Interested parties or organizations possessing information that would otherwise show that any, or all, of these drivers are not currently achieving the statutory level of safety should immediately notify FMCSA. The Agency will evaluate any adverse evidence submitted and, if safety is being compromised or if continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the exemption of a driver.</P>
                <HD SOURCE="HD1">IV. Basis for Renewing Exemptions</HD>
                <P>Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no longer than five years from its approval date and may be renewed upon application. FMCSA grants exemptions from the vision standard for a two-year period to align with the maximum duration of a driver's medical certification. In accordance with 49 U.S.C. 31136(e) and 31315, each of the 110 applicants has satisfied the renewal conditions for obtaining an exemption from the vision standard (see 63 FR 66226; 64 FR 16517; 65 FR 45817; 65 FR 66286; 65 FR 77066; 66 FR 13825; 66 FR 17994; 67 FR 71610; 67 FR 76439; 68 FR 10298; 68 FR 10300; 68 FR 10301; 68 FR 13360; 68 FR 15037; 68 FR 19596; 69 FR 64806; 69 FR 64810; 70 FR 2701; 70 FR 2705; 70 FR 7545; 70 FR 7546; 70 FR 12265; 70 FR 14747; 70 FR 16886; 70 FR 16887; 71 FR 63379; 72 FR 180; 72 FR 185; 72 FR 1050; 72 FR 1051; 72 FR 1056; 72 FR 7111; 72 FR 7812; 72 FR 9397; 72 FR 11425; 72 FR 11426; 72 FR 12665; 72 FR 18726; 73 FR 35195; 73 FR 48275; 73 FR 75803; 73 FR 75806; 73 FR 76439; 73 FR 78422; 73 FR 78423; 74 FR 6209; 74 FR 6211; 74 FR 6689; 74 FR 7097; 74 FR 8302; 74 FR 8842; 74 FR 9329; 74 FR 11991; 74 FR 15584; 74 FR 37299; 74 FR 48344; 75 FR 44051; 75 FR 47883; 75 FR 54958; 75 FR 63255; 75 FR 63257; 75 FR 65057; 75 FR 70078; 75 FR 72863; 75 FR 77951; 75 FR 79079; 75 FR 79081; 75 FR 79083; 75 FR 79084; 76 FR 1493; 76 FR 2190; 76 FR 4413; 76 FR 7894; 76 FR 8809; 76 FR 9856; 76 FR 9859; 76 FR 9861; 76 FR 9865; 76 FR 11215; 76 FR 12216; 76 FR 12408; 76 FR 15360; 76 FR 15361; 76 FR 17483; 76 FR 20076; 76 FR 20078; 77 FR 17109; 77 FR 27845; 77 FR 40946; 77 FR 46153; 77 FR 59248; 77 FR 60008; 77 FR 60010; 77 FR 68200; 77 FR 68202; 77 FR 70534; 77 FR 71669; 77 FR 71671; 77 FR 74273; 77 FR 74730; 77 FR 74731; 77 FR 74734; 77 FR 75496; 77 FR 76166; 78 FR 797; 78 FR 1919; 78 FR 8689; 78 FR 9772; 78 FR 10250; 78 FR 10251; 78 FR 11731; 78 FR 12811; 78 FR 12813; 78 FR 12815; 78 FR 12817; 78 FR 12822; 78 FR 14405; 78 FR 14410; 78 FR 16035; 78 FR 16761; 78 FR 16762; 78 FR 18667; 78 FR 20379; 78 FR 22602; 78 FR 24296; 79 FR 23797; 79 FR 27681; 79 FR 35212; 79 FR 38649; 79 FR 46153; 79 FR 47175; 79 FR 51643; 79 FR 59357; 79 FR 64001; 79 FR 69985; 79 FR 73397; 79 FR 73686; 79 FR 73687; 79 FR 73689; 79 FR 74169; 80 FR 603; 80 FR 2473; 80 FR 3305; 80 FR 3308; 80 FR 3723; 80 FR 6162; 80 FR 7678; 80 FR 7679; 80 FR 8751; 80 FR 8927; 80 FR 9304; 80 FR 12248; 80 FR 12254; 80 FR 12547; 80 FR 13070; 80 FR 14220; 80 FR 14223; 80 FR 15859; 80 FR 15863; 80 FR 16500; 80 FR 16509; 80 FR 18693; 80 FR 20562; 80 FR 29152; 80 FR 33011; 81 FR 1474; 81 FR 48493; 81 FR 70248; 81 FR 70251; 81 FR 70253; 81 FR 80161; 81 FR 86063; 81 FR 90046; 81 FR 90050; 81 FR 96165; 81 FR 96178; 81 FR 96180; 81 FR 96191; 82 FR 12678; 82 FR 12683; 82 FR 13043; 82 FR 13045; 82 FR 13048; 82 FR 13187; 82 FR 15277; 82 FR 18949; 82 FR 18956; 82 FR 23712). They have submitted evidence showing that the vision in the better eye continues to meet the requirement specified at 49 CFR 391.41(b)(10) and that the vision impairment is stable. In addition, a review of each record of safety while driving with the respective vision deficiencies over the past two years indicates each applicant continues to meet the vision exemption requirements. These factors provide an adequate basis for predicting each driver's ability to continue to drive safely in interstate commerce. Therefore, FMCSA concludes that extending the exemption for each renewal applicant for a period of two years is likely to achieve a level of safety equal to that existing without the exemption.</P>
                <P>
                    In accordance with 49 U.S.C. 31136(e) and 31315, the following groups of drivers received renewed exemptions in the month of April and are discussed below. As of April 1, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 63 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (65 FR 45817; 65 FR 66286; 65 FR 77066; 66 FR 13825; 67 FR 71610; 67 FR 76439; 68 FR 10298; 68 FR 13360; 69 FR 64806; 69 FR 64810; 70 FR 2701; 70 FR 2705; 70 FR 7545; 70 FR 12265; 70 FR 16887; 71 FR 63379; 72 FR 180; 72 FR 185; 72 FR 1050; 72 FR 1051; 72 FR 1056; 72 FR 7812; 72 FR 9397; 72 FR 11425; 72 FR 11426; 73 FR 35195; 73 FR 48275; 73 FR 75803; 73 FR 75806; 73 FR 76439; 73 FR 78422; 73 FR 78423; 74 FR 6209; 74 FR 6211; 74 FR 6689; 74 FR 8302; 74 FR 8842; 74 FR 37299; 74 FR 48344; 75 FR 44051; 75 FR 47883; 75 FR 54958; 75 FR 63255; 75 FR 65057; 75 FR 70078; 75 FR 72863; 75 FR 77951; 75 FR 79079; 75 FR 79081; 75 FR 79083; 75 FR 79084; 76 FR 1493; 76 FR 2190; 76 FR 4413; 76 FR 8809; 76 FR 9859; 76 FR 9861; 76 FR 9865; 76 FR 11215; 76 FR 12216; 76 FR 12408; 77 FR 17109; 77 FR 27845; 77 FR 40946; 77 FR 46153; 77 FR 59248; 77 FR 60008; 77 FR 68200; 77 FR 68202; 77 FR 70534; 77 FR 71669; 77 FR 71671; 77 FR 74273; 77 FR 74730; 77 FR 74731; 77 FR 74734; 77 FR 75496; 77 FR 76166; 78 FR 797; 78 FR 1919; 78 FR 8689; 78 FR 9772; 78 FR 10250; 78 FR 11731; 78 FR 12811; 78 FR 12813; 78 FR 12817; 78 FR 12822; 78 FR 
                    <PRTPAGE P="10388"/>
                    14410; 79 FR 23797; 79 FR 27681; 79 FR 35212; 79 FR 38649; 79 FR 46153; 79 FR 47175; 79 FR 51643; 79 FR 59357; 79 FR 64001; 79 FR 69985; 79 FR 73397; 79 FR 73686; 79 FR 73687; 79 FR 73689; 79 FR 74169; 80 FR 603; 80 FR 2473; 80 FR 3305; 80 FR 3308; 80 FR 3723; 80 FR 6162; 80 FR 7678; 80 FR 7679; 80 FR 8751; 80 FR 8927; 80 FR 9304; 80 FR 12254; 80 FR 15859; 80 FR 18693; 80 FR 20562; 81 FR 1474; 81 FR 48493; 81 FR 70248; 81 FR 70251; 81 FR 70253; 81 FR 80161; 81 FR 86063; 81 FR 90046; 81 FR 90050; 81 FR 96165; 81 FR 96178; 81 FR 96180; 81 FR 96191; 82 FR 12683; 82 FR 13043; 82 FR 13048; 82 FR 15277): 
                </P>
                <FP SOURCE="FP-1">Catarino Aispuro (OR)</FP>
                <FP SOURCE="FP-1">Charles L. Alsager, Jr. (IA)</FP>
                <FP SOURCE="FP-1">Sava A. Andjelich (IN)</FP>
                <FP SOURCE="FP-1">Peter H. Bailey (MI)</FP>
                <FP SOURCE="FP-1">Dewey E. Ballard Jr. (SC)</FP>
                <FP SOURCE="FP-1">James B. Bierschbach (MN)</FP>
                <FP SOURCE="FP-1">Kenneth L. Bowers, Jr. (MN)</FP>
                <FP SOURCE="FP-1">Keith E. Breeding (IN)</FP>
                <FP SOURCE="FP-1">Tanner H. Brooks (MS)</FP>
                <FP SOURCE="FP-1">Larry D. Brown (MD)</FP>
                <FP SOURCE="FP-1">David D. Bungori, Jr. (MD)</FP>
                <FP SOURCE="FP-1">Jose S. Chavez (AZ)</FP>
                <FP SOURCE="FP-1">Lee A. Clason (NE)</FP>
                <FP SOURCE="FP-1">Cody W. Cook (OK)</FP>
                <FP SOURCE="FP-1">Peter D. Costas (NY)</FP>
                <FP SOURCE="FP-1">Cesar A. Cruz (IL)</FP>
                <FP SOURCE="FP-1">Jose G. Cruz Romero (TX)</FP>
                <FP SOURCE="FP-1">Matthew T. Eggers (IA)</FP>
                <FP SOURCE="FP-1">John B. Etheridge (GA)</FP>
                <FP SOURCE="FP-1">Leon C. Flynn (TX)</FP>
                <FP SOURCE="FP-1">Michael A. Fouch (NJ)</FP>
                <FP SOURCE="FP-1">Steven C. Fox (NC)</FP>
                <FP SOURCE="FP-1">Ricky J. Franklin (OR)</FP>
                <FP SOURCE="FP-1">Wilfred J. Gagnon (VT)</FP>
                <FP SOURCE="FP-1">Gary A. Golson (AL)</FP>
                <FP SOURCE="FP-1">David N. Groff (PA)</FP>
                <FP SOURCE="FP-1">Michael D. Halferty (IA)</FP>
                <FP SOURCE="FP-1">Kenneth L. Handy (IA)</FP>
                <FP SOURCE="FP-1">Arlan T. Hrubes (TX)</FP>
                <FP SOURCE="FP-1">Thomas J. Ivins (FL)</FP>
                <FP SOURCE="FP-1">Daniel L. Jacobs (AZ)</FP>
                <FP SOURCE="FP-1">Laine Lewin (MN)</FP>
                <FP SOURCE="FP-1">Jose M. Limon-Alvarado (WA)</FP>
                <FP SOURCE="FP-1">Carl A. Lohrbach (OH)</FP>
                <FP SOURCE="FP-1">Chris D. McCance (IL)</FP>
                <FP SOURCE="FP-1">Michael W. McCann (VA)</FP>
                <FP SOURCE="FP-1">Michael W. McClain (CO)</FP>
                <FP SOURCE="FP-1">Peter E. McDonnell (MA)</FP>
                <FP SOURCE="FP-1">James T. McGraw, Jr. (PA)</FP>
                <FP SOURCE="FP-1">Patrick J. McMillen (WI)</FP>
                <FP SOURCE="FP-1">Mark Meacham (NC)</FP>
                <FP SOURCE="FP-1">James E. Menz (NY)</FP>
                <FP SOURCE="FP-1">Elmer R. Miller (IL)</FP>
                <FP SOURCE="FP-1">Timothy L. Morton (NC)</FP>
                <FP SOURCE="FP-1">Ali Nimer (IL)</FP>
                <FP SOURCE="FP-1">Jeffrey L. Olson (MN)</FP>
                <FP SOURCE="FP-1">Timothy L. O'Neill (NY)</FP>
                <FP SOURCE="FP-1">Roberto Ramos (TX)</FP>
                <FP SOURCE="FP-1">Kevin C. Rich (NC)</FP>
                <FP SOURCE="FP-1">Ronald M. Scott (IN)</FP>
                <FP SOURCE="FP-1">Gerardo Silva (IL)</FP>
                <FP SOURCE="FP-1">Steve C. Sinclair (IA)</FP>
                <FP SOURCE="FP-1">Gerald E. Skalitzky (WI)</FP>
                <FP SOURCE="FP-1">Paul J. Stewart (CO)</FP>
                <FP SOURCE="FP-1">Artis Suitt (NC)</FP>
                <FP SOURCE="FP-1">David T. Tann (NC)</FP>
                <FP SOURCE="FP-1">Danny R. Tate (VA)</FP>
                <FP SOURCE="FP-1">Grover C. Taylor (VA)</FP>
                <FP SOURCE="FP-1">Timothy R. Tedford (IL)</FP>
                <FP SOURCE="FP-1">Drake M. Vendsel (ND)</FP>
                <FP SOURCE="FP-1">Bobby M. Warren (KY)</FP>
                <FP SOURCE="FP-1">Charles A. Winchell (OK)</FP>
                <FP SOURCE="FP-1">Rick L. Wood (PA)</FP>
                <P>The drivers were included in docket numbers FMCSA-2000-7363; FMCSA-2000-7918; FMCSA-2002-13411; FMCSA-2004-19477; FMCSA-2005-20027; FMCSA-2006-25246; FMCSA-2006-26066; FMCSA-2008-0106; FMCSA-2008-0340; FMCSA-2009-0154; FMCSA-2010-0187; FMCSA-2010-0201; FMCSA-2010-0327; FMCSA-2010-0354; FMCSA-2010-0413; FMCSA-2011-0380; FMCSA-2012-0278; FMCSA-2012-0279; FMCSA-2012-0337; FMCSA-2012-0338; FMCSA-2012-0339; FMCSA-2014-0005; FMCSA-2014-0006; FMCSA-2014-0010; FMCSA-2014-0298; FMCSA-2014-0299; FMCSA-2014-0300; FMCSA-2014-0301; FMCSA-2015-0347; FMCSA-2016-0207; FMCSA-2016-0208; FMCSA-2016-0209; FMCSA-2016-0212. Their exemptions are applicable as of April 1, 2019, and will expire on April 1, 2021.</P>
                <P>As of April 4, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following individual, Thomas L. Terrell (IA), has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (78 FR 10251; 78 FR 20379; 80 FR 12254).</P>
                <P>The driver was included in docket number FMCSA-2013-0021. The exemption is applicable as of April 4, 2019, and will expire on April 4, 2021.</P>
                <P>As of April 5, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following two individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (63 FR 66226; 64 FR 16517; 66 FR 17994; 68 FR 15037; 70 FR 2701; 70 FR 14747; 70 FR 16887; 72 FR 12665; 74 FR 9329; 76 FR 15360; 78 FR 16035; 80 FR 13070; 82 FR 15277):</P>
                <FP SOURCE="FP-1">Richard D. Carlson (MN); and Donald P. Dodson, Jr. (WV)</FP>
                <P>The drivers were included in docket numbers FMCSA-1998-4334; FMCSA-2005-20027. Their exemptions are applicable as of April 5, 2019, and will expire on April 5, 2021.</P>
                <P>As of April 6, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following nine individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (74 FR 7097; 74 FR 15584; 76 FR 15361; 78 FR 16761; 80 FR 12547; 82 FR 12678; 82 FR 15277; 82 FR 18949):</P>
                <FP SOURCE="FP-1">Tyler D. Baseman (MN)</FP>
                <FP SOURCE="FP-1">Robert A. Ferrucci (FL)</FP>
                <FP SOURCE="FP-1">Cory W. Haupt (SD)</FP>
                <FP SOURCE="FP-1">Peter W. Lampasone (NY)</FP>
                <FP SOURCE="FP-1">Edward H. Lampe (OR)</FP>
                <FP SOURCE="FP-1">Thomas L. Lange (CO)</FP>
                <FP SOURCE="FP-1">James E. Russell (AZ)</FP>
                <FP SOURCE="FP-1">Kendrick T. Williams (NC)</FP>
                <FP SOURCE="FP-1">Forrest L. Wright (AL)</FP>
                <P>The drivers were included in docket numbers FMCSA-2008-0398; FMCSA-2016-0214. Their exemptions are applicable as of April 6, 2019, and will expire on April 6, 2021.</P>
                <P>As of April 7, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following four individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (80 FR 12248; 80 FR 29152; 82 FR 15277):</P>
                <FP SOURCE="FP-1">Bradley J. Compton (ID)</FP>
                <FP SOURCE="FP-1">Thomas P. Fitzsimmons (NC)</FP>
                <FP SOURCE="FP-1">Steve L. Frisby (CA)</FP>
                <FP SOURCE="FP-1">Daryl G. Gibson (FL)</FP>
                <P>The drivers were included in docket number FMCSA-2014-0302. Their exemptions are applicable as of April 7, 2019, and will expire on April 7, 2021.</P>
                <P>As of April 8, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following four individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (82 FR 13045; 82 FR 18956):</P>
                <FP SOURCE="FP-1">Lesco R. Chubb (GA)</FP>
                <FP SOURCE="FP-1">Stephen M. Currie (TX)</FP>
                <FP SOURCE="FP-1">James S. Hummel (PA)</FP>
                <FP SOURCE="FP-1">Robert R. Martin (VA)</FP>
                <P>The drivers were included in docket number FMCSA-2016-0377. Their exemptions are applicable as of April 8, 2019, and will expire on April 8, 2021.</P>
                <P>As of April 11, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following 13 individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (63 FR 66226; 64 FR 16517; 66 FR 17994; 68 FR 15037; 70 FR 14747; 72 FR 12665; 74 FR 9329; 76 FR 7894; 76 FR 9856; 76 FR 15360; 76 FR 20076; 76 FR 20078; 78 FR 16762; 80 FR 15863; 82 FR 13187; 82 FR 15277; 82 FR 23712):</P>
                <FP SOURCE="FP-1">Gary W. Balcom (MI)</FP>
                <FP SOURCE="FP-1">Wesley M. Creamer (NM)</FP>
                <FP SOURCE="FP-1">
                    Ray A. Fields (KS)
                    <PRTPAGE P="10389"/>
                </FP>
                <FP SOURCE="FP-1">Bruce J. Greil (WI)</FP>
                <FP SOURCE="FP-1">Thomas A. Grigsby (AR)</FP>
                <FP SOURCE="FP-1">Eugene C. Hamilton (NC)</FP>
                <FP SOURCE="FP-1">Jay A. Harding (OR)</FP>
                <FP SOURCE="FP-1">Melvin L. Hipsley (MD)</FP>
                <FP SOURCE="FP-1">Paul J. Jones (NY)</FP>
                <FP SOURCE="FP-1">Stephanie D. Klang (MO)</FP>
                <FP SOURCE="FP-1">Pedro G. Limon (TX)</FP>
                <FP SOURCE="FP-1">Larry D. Robinson (MO)</FP>
                <FP SOURCE="FP-1">Wade C. Uhlir (MN)</FP>
                <P>The drivers were included in docket numbers FMCSA-1998-4334; FMCSA-2010-0372; FMCSA-2011-0010; FMCSA-2016-0213. Their exemptions are applicable as of April 11, 2019, and will expire on April 11, 2021.</P>
                <P>As of April 16, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following individual, Scott Wallbank (MA), has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (78 FR 12815; 78 FR 22602; 80 FR 14220; 82 FR 23712).</P>
                <P>The driver was included in docket number FMCSA-2013-0022. The exemption is applicable as of April 16, 2019, and will expire on April 16, 2021.</P>
                <P>As of April 18, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following eight individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (80 FR 14223; 80 FR 33011; 82 FR 15277):</P>
                <FP SOURCE="FP-1">Jaroslav Cigler (IN)</FP>
                <FP SOURCE="FP-1">Randy A. Cimei (IL)</FP>
                <FP SOURCE="FP-1">Phillip E. Fitzpatrick (NM)</FP>
                <FP SOURCE="FP-1">Lucien W. Foote (NH)</FP>
                <FP SOURCE="FP-1">Ronald J. Gruszecki (IL)</FP>
                <FP SOURCE="FP-1">Alan L. Helfer (IL)</FP>
                <FP SOURCE="FP-1">John R. Ropp (IL)</FP>
                <FP SOURCE="FP-1">Darwin L. Stuart (IL)</FP>
                <P>The drivers were included in docket number FMCSA-2014-0304. Their exemptions are applicable as of April 18, 2019, and will expire on April 18, 2021.</P>
                <P>As of April 21, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following four individuals have satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (65 FR 66286; 66 FR 13825; 68 FR 10300; 68 FR 10301; 68 FR 19596; 70 FR 7546; 70 FR 16886; 72 FR 7111; 72 FR 18726; 74 FR 11991; 75 FR 47883; 75 FR 63257; 76 FR 17483; 77 FR 60010; 78 FR 18667; 80 FR 16500; 82 FR 15277):</P>
                <FP SOURCE="FP-1">Michael P. Curtin (IL)</FP>
                <FP SOURCE="FP-1">James G. Etheridge (TX)</FP>
                <FP SOURCE="FP-1">James R. Rieck (CA)</FP>
                <FP SOURCE="FP-1">Janusz Tyrpien (FL)</FP>
                <P>The drivers were included in docket numbers FMCSA-2000-7918; FMCSA-2003-14223; FMCSA-2010-0187. Their exemptions are applicable as of April 21, 2019, and will expire on April 21, 2021.</P>
                <P>As of April 24, 2019, and in accordance with 49 U.S.C. 31136(e) and 31315, the following individual, Gale L. Smith (PA), has satisfied the renewal conditions for obtaining an exemption from the vision requirement in the FMCSRs for interstate CMV drivers (78 FR 14405; 78 FR 24296; 80 FR 16509; 82 FR 15277).</P>
                <P>The driver was included in docket number FMCSA-2013-0023. The exemption is applicable as of April 24, 2019, and will expire on April 24, 2021.</P>
                <HD SOURCE="HD1">V. Conditions and Requirements</HD>
                <P>The exemptions are extended subject to the following conditions: (1) Each driver must undergo an annual physical examination (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a certified Medical Examiner, as defined by 49 CFR 390.5, who attests that the driver is otherwise physically qualified under 49 CFR 391.41; FMCSA- (2) each driver must provide a copy of the ophthalmologist's or optometrist's report to the Medical Examiner at the time of the annual medical examination; FMCSA- and (3) each driver must provide a copy of the annual medical certification to the employer for retention in the driver's qualification file or keep a copy of his/her driver's qualification if he/her is self- employed. The driver must also have a copy of the exemption when driving, for presentation to a duly authorized Federal, State, or local enforcement official. The exemption will be rescinded if: (1) The person fails to comply with the terms and conditions of the exemption; FMCSA- (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; FMCSA- or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136(e) and 31315.</P>
                <HD SOURCE="HD1">VI. Preemption</HD>
                <P>During the period the exemption is in effect, no State shall enforce any law or regulation that conflicts with this exemption with respect to a person operating under the exemption.</P>
                <HD SOURCE="HD1">VI. Conclusion</HD>
                <P>Based upon its evaluation of the 110 exemption applications, FMCSA renews the exemptions of the aforementioned drivers from the vision requirement in 49 CFR 391.41(b)(10), subject to the requirements cited above. In accordance with 49 U.S.C. 31136(e) and 31315, each exemption will be valid for two years unless revoked earlier by FMCSA.</P>
                <SIG>
                    <DATED>Issued on: February 28, 2019.</DATED>
                    <NAME>Larry W. Minor,</NAME>
                    <TITLE>Associate Administrator for Policy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05296 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-EX-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Motor Carrier Safety Administration</SUBAGY>
                <DEPDOC>[Docket No. FMCSA-2019-0005]</DEPDOC>
                <SUBJECT>Qualification of Drivers; Exemption Applications; Vision</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Motor Carrier Safety Administration (FMCSA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of applications for exemption; request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>FMCSA announces receipt of applications from 13 individuals for an exemption from the vision requirement in the Federal Motor Carrier Safety Regulations (FMCSRs) to operate a commercial motor vehicle (CMV) in interstate commerce. If granted, the exemptions will enable these individuals to operate CMVs in interstate commerce without meeting the vision requirement in one eye.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before April 19, 2019.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments identified by the Federal Docket Management System (FDMS) Docket No. FMCSA-2019-0005 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>
                         Follow the online instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery:</E>
                         West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal Holidays.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         1-202-493-2251.
                    </P>
                    <P>
                        To avoid duplication, please use only one of these four methods. See the “Public Participation” portion of the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section for instructions on submitting comments.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ms. Christine A. Hydock, Chief, Medical Programs Division, (202) 366-4001, 
                        <PRTPAGE P="10390"/>
                        <E T="03">fmcsamedical@dot.gov,</E>
                         FMCSA, Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET, Monday through Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">I. Public Participation</HD>
                <HD SOURCE="HD2">A. Submitting Comments</HD>
                <P>If you submit a comment, please include the docket number for this notice (Docket No. FMCSA-2019-0005), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission.</P>
                <P>
                    To submit your comment online, go to 
                    <E T="03">http://www.regulations.gov,</E>
                     put the docket number, FMCSA-2019-0005, in the keyword box, and click “Search.” When the new screen appears, click on the “Comment Now!” button and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit.
                </P>
                <P>
                    If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8
                    <FR>1/2</FR>
                     by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the facility, please enclose a stamped, self-addressed postcard or envelope.
                </P>
                <P>FMCSA will consider all comments and material received during the comment period.</P>
                <HD SOURCE="HD2">B. Viewing Documents and Comments</HD>
                <P>
                    To view comments, as well as any documents mentioned in this notice as being available in the docket, go to 
                    <E T="03">http://www.regulations.gov.</E>
                     Insert the docket number, FMCSA-2019-0005, in the keyword box, and click “Search.” Next, click the “Open Docket Folder” button and choose the document to review. If you do not have access to the internet, you may view the docket online by visiting the Docket Management Facility in Room W12-140 on the ground floor of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
                </P>
                <HD SOURCE="HD2">C. Privacy Act</HD>
                <P>
                    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">www.regulations.gov,</E>
                     as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
                    <E T="03">www.dot.gov/privacy.</E>
                </P>
                <HD SOURCE="HD1">II. Background</HD>
                <P>Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption from the FMCSRs for a five-year period if it finds such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption. The statute also allows the Agency to renew exemptions at the end of the five-year period. FMCSA grants exemptions from the FMCSRs for a two-year period to align with the maximum duration of a driver's medical certification.</P>
                <P>The 13 individuals listed in this notice have requested an exemption from the vision requirement in 49 CFR 391.41(b)(10). Accordingly, the Agency will evaluate the qualifications of each applicant to determine whether granting an exemption will achieve the required level of safety mandated by statute.</P>
                <P>The physical qualification standard for drivers regarding vision found in 49 CFR 391.41(b)(10) states that a person is physically qualified to drive a CMV if that person has distant visual acuity of at least 20/40 (Snellen) in each eye without corrective lenses or visual acuity separately corrected to 20/40 (Snellen) or better with corrective lenses, distant binocular acuity of at least 20/40 (Snellen) in both eyes with or without corrective lenses, field of vision of at least 70° in the horizontal Meridian in each eye, and the ability to recognize the colors of traffic signals and devices showing standard red, green, and amber.</P>
                <P>In July 1992, the Agency first published the criteria for the Vision Waiver Program, which listed the conditions and reporting standards that CMV drivers approved for participation would need to meet (Qualification of Drivers; Vision Waivers, 57 FR 31458, July 16, 1992). The current Vision Exemption Program was established in 1998, following the enactment of amendments to the statutes governing exemptions made by § 4007 of the Transportation Equity Act for the 21st Century (TEA-21), Public Law 105-178, 112 Stat. 107, 401 (June 9, 1998). Vision exemptions are considered under the procedures established in 49 CFR part 381 subpart C, on a case-by-case basis upon application by CMV drivers who do not meet the vision standards of 49 CFR 391.41(b)(10).</P>
                <P>To qualify for an exemption from the vision requirement, FMCSA requires a person to present verifiable evidence that he/she has driven a commercial vehicle safely with the vision deficiency for the past three years. Recent driving performance is especially important in evaluating future safety, according to several research studies designed to correlate past and future driving performance. Results of these studies support the principle that the best predictor of future performance by a driver is his/her past record of crashes and traffic violations. Copies of the studies may be found at Docket Number FMCSA-1998-3637.</P>
                <P>FMCSA believes it can properly apply the principle to monocular drivers, because data from the Federal Highway Administration's (FHWA) former waiver study program clearly demonstrated the driving performance of experienced monocular drivers in the program is better than that of all CMV drivers collectively (See 61 FR 13338, 13345, March 26, 1996). The fact that experienced monocular drivers demonstrated safe driving records in the waiver program supports a conclusion that other monocular drivers, meeting the same qualifying conditions as those required by the waiver program, are also likely to have adapted to their vision deficiency and will continue to operate safely.</P>
                <P>
                    The first major research correlating past and future performance was done in England by Greenwood and Yule in 1920. Subsequent studies, building on that model, concluded that crash rates for the same individual exposed to certain risks for two different time periods vary only slightly (See Bates and Neyman, University of California Publications in Statistics, April 1952). Other studies demonstrated theories of predicting crash proneness from crash history coupled with other factors. These factors—such as age, sex, geographic location, mileage driven and conviction history—are used every day by insurance companies and motor vehicle bureaus to predict the probability of an individual experiencing future crashes (See Weber, Donald C., “Accident Rate Potential: An Application of Multiple Regression Analysis of a Poisson Process,” Journal 
                    <PRTPAGE P="10391"/>
                    of American Statistical Association, June 1971). A 1964 California Driver Record Study prepared by the California Department of Motor Vehicles concluded that the best overall crash predictor for both concurrent and nonconcurrent events is the number of single convictions. This study used three consecutive years of data, comparing the experiences of drivers in the first two years with their experiences in the final year.
                </P>
                <HD SOURCE="HD1">III. Qualifications of Applicants</HD>
                <HD SOURCE="HD2">Maximo Fernandez</HD>
                <P>Mr. Fernandez, 37, has had retinal dystrophy in his right eye since 2013. The visual acuity in his right eye is 20/150, and in his left eye, 20/40. Following an examination in 2019, his optometrist stated, “I hereby certify that in my medical opinion, Mr. Maximo Fernandez does have sufficient vision to perform the driving tasks required to operate a commercial vehicle in interstate commerce only.” Mr. Fernandez reported that he has driven straight trucks for six years, accumulating 150,000 miles, and tractor-trailer combinations for six years, accumulating 150,000 miles. He holds a Class A CDL from Texas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.</P>
                <HD SOURCE="HD2">Michael W. Ireland</HD>
                <P>Mr. Ireland, 60, has had a retinal detachment in his right eye due to a retinal defect since 2012. The visual acuity in his right eye is 20/400, and in his left eye, 20/20. Following an examination in 2018, his ophthalmologist stated, “He has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Ireland reported that he has driven straight trucks for 40 years, accumulating 2.2 million miles, and tractor-trailer combinations for 38 years, accumulating 380,000 miles. He holds a Class AM CDL from Massachusetts. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.</P>
                <HD SOURCE="HD2">Thomas J. Johnston, Jr.</HD>
                <P>
                    Mr. Johnston, 41, has macular atrophy in his right eye due to a traumatic incident in 1996. The visual acuity in his right eye is 20/200, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, “In my professional opinion, Thomas Johnston has sufficient vision to preform [
                    <E T="03">sic</E>
                    ] the driving tasks required to operate a commercial vehicle.” Mr. Johnston reported that he has driven straight trucks for 22 years, accumulating 1.1 million miles. He holds an operator's license from Texas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.
                </P>
                <HD SOURCE="HD2">Keith A. Larson</HD>
                <P>Mr. Larson, 58, has band keratopathy in his left eye due to a traumatic incident in 2000. The visual acuity in his right eye is 20/20, and in his left eye, light perception. Following an examination in 2018, his ophthalmologist stated, “Mr. Larson is diagnosed with band keratopathy of the left eye and in my opinion is able to drive a commercial vehicle.” Mr. Larson reported that he has driven straight trucks for 18 years, accumulating 387,000 miles. He holds an operator's license from Massachusetts. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.</P>
                <HD SOURCE="HD2">Scott A. MacPherson</HD>
                <P>Mr. MacPherson, 53, has a cataract in his right eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/400, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, “I certify that in my medical opinion Scott MacPherson has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. MacPherson reported that he has driven straight trucks for 18 years, accumulating 144,000 miles. He holds an operator's license from Massachusetts. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.</P>
                <HD SOURCE="HD2">Brandon L. Mask</HD>
                <P>
                    Mr. Mask, 31, has a prosthetic left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/15, and in his left eye, no light perception. Following an examination in 2018, his optometrist stated, “It is in my opinion Brandon has sufficient vison [
                    <E T="03">sic</E>
                    ] to operate a commercial vehicle.” Mr. Mask reported that he has driven tractor-trailer combinations for seven years, accumulating 525,000 miles. He holds a Class A CDL from Arkansas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.
                </P>
                <HD SOURCE="HD2">Christopher W. Proeschel</HD>
                <P>Mr. Proeschel, 55, has a macular scar in his left eye due to toxoplasmosis in 1981. The visual acuity in his right eye is 20/20, and in his left eye, 20/80. Following an examination in 2018, his optometrist stated, “Chris has sufficient vision to perform driving tasks of a commercial vehicle binocularly with both eyes open, achieving 20/20 with both eyes, but reduced vision of 20/80 in the left eye.” Mr. Proeschel reported that he has driven straight trucks for 38 years, accumulating 38,000 miles, and tractor-trailer combinations for 26 years, accumulating 130,000 miles. He holds a Class A CDL from Ohio. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.</P>
                <HD SOURCE="HD2">Michael Renzetti</HD>
                <P>Mr. Renzetti, 57, has a prosthetic right eye due to trauma in childhood. The visual acuity in his right eye is no light perception, and in his left eye, 20/20. Following an examination in 2018, his ophthalmologist stated, “I believe that Mr. Renzetti's left eye is sufficient and his visual deficiency is stable. I believe Michael is able to drive a Commercial Motor Vehicle `CMV' without any problems or restrictions.” Mr. Renzetti reported that he has driven straight trucks for 33 years, accumulating 214,500 miles, and tractor-trailer combinations for 33 years, accumulating 2.8 million miles. He holds a Class A CDL from Connecticut. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.</P>
                <HD SOURCE="HD2">Cory W. Schell</HD>
                <P>Mr. Schell, 52, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/500. Following an examination in 2018, his optometrist stated, “In my medical opinion, I believe his vision has been sufficient to operate a commercial vehicle and expect it to remain so for the unforeseen future.” Mr. Schell reported that he has driven straight trucks for 35 years, accumulating 350,000 miles, and tractor-trailer combinations for five years, accumulating 10,000 miles. He holds a Class A CDL from Washington. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.</P>
                <HD SOURCE="HD2">Rodney A. Stahl</HD>
                <P>
                    Mr. Stahl, 29, has had amblyopia in his left eye since childhood. The visual acuity in his right eye is 20/15, and in his left eye, 20/200. Following an examination in 2018, his optometrist stated, “Mr. Stahl has sufficient vision to operate a commercial vehicle.” Mr. Stahl reported that he has driven straight trucks for eight years, accumulating 176,000 miles, and 
                    <PRTPAGE P="10392"/>
                    tractor-trailer combinations for two years, accumulating 50,000 miles. He holds an operator's license from Minnesota. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.
                </P>
                <HD SOURCE="HD2">Alvin J. Urke</HD>
                <P>Mr. Urke, 77, has aphakia in his left eye due to a traumatic incident in childhood. The visual acuity in his right eye is 20/25, and in his left eye, hand motion. Following an examination in 2018, his ophthalmologist stated, “I certify that in my medical opinion, Mr. Urke has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Urke reported that he has driven straight trucks for 26 years, accumulating 130,000 miles. He holds a Class B CDL from California. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.</P>
                <HD SOURCE="HD2">David Wiebe</HD>
                <P>Mr. Wiebe, 52, has had amblyopia in his left eye since birth. The visual acuity in his right eye is 20/20, and in his left eye, 20/200. Following an examination in 2018, his optometrist stated, “Based on the above listed findings the patient's vision is sufficient to perform driving tasks required to operate a commercial vehicle.” Mr. Wiebe reported that he has driven tractor-trailer combinations for six years, accumulating 564,000 miles. He holds a Class A CDL from Texas. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.</P>
                <HD SOURCE="HD2">Robert L. Williams, Jr.</HD>
                <P>Mr. Williams, 56, has corneal opacity in his right eye due to a traumatic incident in 1988. The visual acuity in his right eye is 20/800, and in his left eye, 20/20. Following an examination in 2018, his optometrist stated, “It is my professional opinion Mr. Williams has sufficient vision to perform the driving tasks required to operate a commercial vehicle.” Mr. Williams reported that he has driven straight trucks for 20 years, accumulating 400,000 miles, tractor-trailer combinations for 20 years, accumulating 200,000 miles, and buses for 32 years, accumulating 320,000 miles. He holds a Class A CDL from Mississippi. His driving record for the last three years shows no crashes and no convictions for moving violations in a CMV.</P>
                <HD SOURCE="HD1">IV. Request for Comments</HD>
                <P>In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests public comment from all interested persons on the exemption petitions described in this notice. We will consider all comments and material received before the close of business on the closing date indicated in the dates section of the notice.</P>
                <SIG>
                    <DATED>Issued on: February 28, 2019.</DATED>
                    <NAME>Larry W. Minor,</NAME>
                    <TITLE>Associate Administrator for Policy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05269 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 4910-EX-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF VETERANS AFFAIRS</AGENCY>
                <SUBJECT>Veterans' Rural Health Advisory Committee, Notice of Meeting</SUBJECT>
                <P>The Department of Veterans Affairs (VA) gives notice under the Federal Advisory Committee Act that the Veterans' Rural Health Advisory Committee will meet at 201 South Linn Street, (Hotel Vetro Conference Center) Iowa City, IA 52240 on April 17-18, 2019. Both meeting sessions will begin at 8:30 a.m. (EST) each day and adjourn at 5:00 p.m. (EST). The meetings are open to the public.</P>
                <P>The purpose of the Committee is to advise the Secretary of Veterans Affairs on rural health care issues affecting Veterans. The Committee examines programs and policies that impact the delivery of VA rural health care to Veterans and discusses ways to improve and enhance VA access to rural health care services for Veterans.</P>
                <P>The agenda will include updates from Department leadership, the Executive Director of the Office of the VA Office of Rural Health, and the Committee Chairman, as well as presentations on general rural health care access.</P>
                <P>
                    Public comments will be received at 4:30 p.m. on April 18, 2019. Interested parties should contact Ms. Judy Bowie, by email at 
                    <E T="03">VRHAC@va.gov</E>
                    , or by mail at 810 Vermont Avenue NW (10P1R), Washington, DC 20420. Individuals wishing to speak are invited to submit a 1-2-page summary of their comment for inclusion in the official meeting record. Any member of the public seeking additional information should contact Ms. Bowie at the phone number or email address noted above.
                </P>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>LaTonya L. Small,</NAME>
                    <TITLE>Federal Advisory Committee Management Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2019-05272 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD> BILLING CODE 8320-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF VETERANS AFFAIRS</AGENCY>
                <SUBJECT>Cost-of-Living Adjustments for Service-Connected Benefits</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of Veterans Affairs.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>As required by the Veterans' Compensation Cost-of-Living Adjustment Act of 2018, the Department of Veterans Affairs (VA) is hereby giving notice of adjustments in certain benefit rates. These adjustments affect the compensation program.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>These adjustments became effective on December 1, 2018, the date provided by Public Law 115-258.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Jacqueline Imboden, Acting Chief, Policy Staff (211A), Compensation Service, Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (202) 461-9700. (This is not a toll-free telephone number.)</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Section 2 of Public Law 115-258 provides for an increase in each of the rates in sections 1114, 1115(1), and 1162 of title 38 United States Code (U.S.C.). VA is required to increase these benefit rates by the same percentage as increases in the benefit amounts payable under title II of the Social Security Act. The increased rates are required to be published in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <P>The Social Security Administration has announced that there will be a 2.8 percent cost-of-living increase in Social Security benefits for 2019. Therefore, applying the same percentage, the following rates for VA's compensation program became effective on December 1, 2018:</P>
                <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="s50,13">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Disability evaluation percent </CHED>
                        <CHED H="1">
                            Monthly 
                            <LI>rate</LI>
                        </CHED>
                    </BOXHD>
                    <ROW EXPSTB="01">
                        <ENT I="21">
                            <E T="02">Disability Compensation</E>
                        </ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="21">
                            <E T="02">[38 U.S.C. 1114]</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="01">10 </ENT>
                        <ENT>$140.05</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">20 </ENT>
                        <ENT>276.84</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">30 </ENT>
                        <ENT>428.83</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">40 </ENT>
                        <ENT>617.73</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">50 </ENT>
                        <ENT>879.36</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">60 </ENT>
                        <ENT>1,113.86</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">70 </ENT>
                        <ENT>1,403.71</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">80 </ENT>
                        <ENT>1,631.69</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">90 </ENT>
                        <ENT>1,833.62</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">100 </ENT>
                        <ENT>3,057.13</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22">(38 U.S.C. 1114(k) through (t)):</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">38 U.S.C. 1114(k) </ENT>
                        <ENT>$108.57</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">38 U.S.C. 1114(l) </ENT>
                        <ENT>3,804.04</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">38 U.S.C. 1114(m) </ENT>
                        <ENT>4,198.14</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">38 U.S.C. 1114(n) </ENT>
                        <ENT>4,775.68</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">38 U.S.C. 1114(o) </ENT>
                        <ENT>5,338.04</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">38 U.S.C. 1114(p) </ENT>
                        <ENT>5,338.04</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">38 U.S.C. 1114(r) </ENT>
                        <ENT>
                            2,289.60; 
                            <LI>3,411.05</LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="10393"/>
                        <ENT I="03">38 U.S.C. 1114(s) </ENT>
                        <ENT>3,421.90</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="03">38 U.S.C. 1114(t) </ENT>
                        <ENT>3,411.05</ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="21">
                            <E T="02">Additional Compensation for Dependents</E>
                        </ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="21">
                            <E T="02">[38 U.S.C. 1115(1)]</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="22">38 U.S.C. 1115(1):</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">38 U.S.C. 1115(1)(A) </ENT>
                        <ENT>170.45</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">38 U.S.C. 1115(1)(B) </ENT>
                        <ENT>
                            295.28; 
                            <LI>84.69</LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">38 U.S.C. 1115(1)(C) </ENT>
                        <ENT>
                            113.99; 
                            <LI>84.69</LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">38 U.S.C. 1115(1)(D) </ENT>
                        <ENT>136.79</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">38 U.S.C. 1115(1)(E) </ENT>
                        <ENT>326.77</ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="03">38 U.S.C. 1115(1)(F) </ENT>
                        <ENT>273.58</ENT>
                    </ROW>
                    <ROW EXPSTB="01">
                        <ENT I="21">
                            <E T="02">Clothing Allowance</E>
                        </ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="21">
                            <E T="02">[38 U.S.C. 1162]</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="21">817.48 per year</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Signing Authority</HD>
                <P>The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Robert L. Wilkie, Secretary, Department of Veterans Affairs, approved this document on March 12, 2019, for publication.</P>
                <SIG>
                    <DATED>Dated: March 15, 2019.</DATED>
                    <NAME>Luvenia Potts,</NAME>
                    <TITLE>Program Specialist, Office of Regulation Policy &amp; Management, Office of the Secretary, Department of Veterans Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2019-05287 Filed 3-19-19; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8320-01-P</BILCOD>
        </NOTICE>
    </NOTICES>
    <VOL>84</VOL>
    <NO>54</NO>
    <DATE>Wednesday, March 20, 2019</DATE>
    <UNITNAME>Presidential Documents</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="10395"/>
            <PARTNO>Part II</PARTNO>
            <PRES>The President</PRES>
            <PROC>Proclamation 9850—National Poison Prevention Week, 2019</PROC>
        </PTITLE>
        <PRESDOCS>
            <PRESDOCU>
                <PROCLA>
                    <TITLE3>Title 3—</TITLE3>
                    <PRES>
                        The President
                        <PRTPAGE P="10397"/>
                    </PRES>
                    <PROC>Proclamation 9850 of March 15, 2019</PROC>
                    <HD SOURCE="HED">National Poison Prevention Week, 2019</HD>
                    <PRES>By the President of the United States of America</PRES>
                    <PROC>A Proclamation</PROC>
                    <FP>During National Poison Prevention Week, we raise awareness about the reality of unintentional poisoning in America, and we recommit to educating all Americans about how best to prevent tragedy from striking our loved ones and our communities. More than 90 percent of accidental poisonings occur in the home, and children are particularly vulnerable. Each year, an average of 85,000 children visit emergency rooms across our Nation to receive care after exposure to poison. We all share a responsibility to keep harmful items, including dangerous medications, cosmetics, household cleaning supplies, laundry detergent, pesticides, and batteries, out of sight and out of the reach of children. “Take Back Day” events, which encourage Americans to dispose of potentially harmful medications, among other substances, are also great opportunities for Americans to participate in the broader effort to reduce the number of accidental poisonings in our country.</FP>
                    <FP>
                        Tragically, our Nation's opioid epidemic has only added to the number of unintentional poisoning deaths. To address this growing crisis, I announced my 
                        <E T="03">Initiative to Stop Opioid Abuse,</E>
                         which is aimed at reducing the demand for drugs through education, awareness, and preventing over-prescription. My Administration has also worked with the Congress to secure more than $6 billion in funding to help combat the drug abuse and opioid epidemic through prevention, treatment and recovery services, interdiction, and law enforcement efforts. Additionally, I signed into law the SUPPORT Act, the largest legislative effort in history to address a single drug crisis. This legislation enhances patient access to non-opioid treatment options, increases access to drug disposal, and provides support for those caring for babies prenatally exposed to drugs.
                    </FP>
                    <FP>Data from the Monitoring the Future study and the National Survey on Drug Use and Health indicate that the misuse of opioid medications among youth has declined in recent years. These encouraging findings are a sign that real progress is being made to educate our young people on the dangers of prescription drug misuse. Much work remains to be done, however, to address the misuse of prescription opioids and the use of illegal drugs in our communities. All Americans, both young and old, should familiarize themselves with safe practices for prescription drug use and should apply these important practices to their daily routines.</FP>
                    <FP>This week, and always, I implore all Americans to remain vigilant in protecting themselves and their families from unintended exposure to poisons, and to take the steps necessary to reduce the availability of potentially harmful substances. By making prevention a priority, we can help avoid the devastating consequences often caused by unintentional poisonings and drug overdoses.</FP>
                    <FP>
                        To encourage Americans to learn more about the dangers of unintentional poisonings and to take appropriate preventative measures, on September 26, 1961, the Congress, by joint resolution (75 Stat. 681), authorized and requested the President to issue a proclamation designating the third week of March each year as “National Poison Prevention Week.”
                        <PRTPAGE P="10398"/>
                    </FP>
                    <FP>NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, do hereby proclaim March 17, 2019, through March 23, 2019, to be National Poison Prevention Week. I call upon all Americans to observe this week by taking actions to safeguard their families from poisonous products, chemicals, medicines, and drugs found in their homes, and to raise awareness about these dangers in order to prevent accidental injuries and deaths.</FP>
                    <FP>IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of March, in the year of our Lord two thousand nineteen, and of the Independence of the United States of America the two hundred and forty-third.</FP>
                    <GPH SPAN="1" DEEP="80" HTYPE="RIGHT">
                        <GID>Trump.EPS</GID>
                    </GPH>
                    <PSIG> </PSIG>
                    <FRDOC>[FR Doc. 2019-05472 </FRDOC>
                    <FILED>Filed 3-19-19; 11:15 am]</FILED>
                    <BILCOD>Billing code 3295-F9-P</BILCOD>
                </PROCLA>
            </PRESDOCU>
        </PRESDOCS>
    </NEWPART>
</FEDREG>
