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    <VOL>89</VOL>
    <NO>116</NO>
    <DATE>Friday, June 14, 2024</DATE>
    <UNITNAME>Contents</UNITNAME>
    <CNTNTS>
        <AGCY>
            <EAR>
                Agriculture
                <PRTPAGE P="iii"/>
            </EAR>
            <HD>Agriculture Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Foreign Agricultural Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Forest Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Natural Resources Conservation Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Rural Housing Service</P>
            </SEE>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>50546-50547</PGS>
                    <FRDOCBP>2024-13100</FRDOCBP>
                      
                    <FRDOCBP>2024-13135</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Census Bureau</EAR>
            <HD>Census Bureau</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Collection of State/Local Administrative Records and Third-Party Data, </SJDOC>
                    <PGS>50563-50564</PGS>
                    <FRDOCBP>2024-13164</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Current Population Survey, Basic Demographics, </SJDOC>
                    <PGS>50562</PGS>
                    <FRDOCBP>2024-13171</FRDOCBP>
                </SJDENT>
            </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>50588-50592</PGS>
                    <FRDOCBP>2024-13067</FRDOCBP>
                      
                    <FRDOCBP>2024-13123</FRDOCBP>
                      
                    <FRDOCBP>2024-13129</FRDOCBP>
                      
                    <FRDOCBP>2024-13130</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Civil Rights</EAR>
            <HD>Civil Rights Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Arizona Advisory Committee, </SJDOC>
                    <PGS>50560-50562</PGS>
                    <FRDOCBP>2024-13156</FRDOCBP>
                      
                    <FRDOCBP>2024-13157</FRDOCBP>
                      
                    <FRDOCBP>2024-13160</FRDOCBP>
                      
                    <FRDOCBP>2024-13155</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Coast Guard</EAR>
            <HD>Coast Guard</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Safety Zone:</SJ>
                <SJDENT>
                    <SJDOC>La Quinta and Corpus Christi Shipping Channel, Ingleside, TX, </SJDOC>
                    <PGS>50527-50529</PGS>
                    <FRDOCBP>2024-13139</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Commerce</EAR>
            <HD>Commerce Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Census Bureau</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Foreign-Trade Zones Board</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>National Oceanic and Atmospheric Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Committee for Purchase</EAR>
            <HD>Committee for Purchase From People Who Are Blind or Severely Disabled</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Procurement List; Additions and Deletions, </DOC>
                    <PGS>50579</PGS>
                    <FRDOCBP>2024-13120</FRDOCBP>
                      
                    <FRDOCBP>2024-13121</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Community Living Administration</EAR>
            <HD>Community Living Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Single-Source Supplement:</SJ>
                <SJDENT>
                    <SJDOC>Expanding the National Capacity for Person-Centered, Trauma-Informed Care: Services and Supports for Holocaust Survivors and Other Older Adults with a History of Trauma and Their Family Caregivers Program, </SJDOC>
                    <PGS>50592-50593</PGS>
                    <FRDOCBP>2024-13143</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Defense Department</EAR>
            <HD>Defense Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Charter Amendments, Establishments, Renewals and Terminations:</SJ>
                <SJDENT>
                    <SJDOC>Air University Board of Visitors, </SJDOC>
                    <PGS>50579-50580</PGS>
                    <FRDOCBP>2024-13117</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Reserve Forces Policy Board, </SJDOC>
                    <PGS>50580-50581</PGS>
                    <FRDOCBP>2024-13059</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Privacy Act; Systems of Records, </DOC>
                    <PGS>50581-50584</PGS>
                    <FRDOCBP>2024-13119</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>Assurance of Compliance—Civil Rights Certificate, </SJDOC>
                    <PGS>50585-50586</PGS>
                    <FRDOCBP>2024-13165</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>List of Approved Ability-to-Benefit Tests and Passing Scores, </DOC>
                    <PGS>50584-50585</PGS>
                    <FRDOCBP>2024-13175</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Environmental Protection</EAR>
            <HD>Environmental Protection Agency</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Air Quality State Implementation Plans; Approvals and Promulgations:</SJ>
                <SJDENT>
                    <SJDOC>Nevada; Washoe County Health District, </SJDOC>
                    <PGS>50543-50545</PGS>
                    <FRDOCBP>2024-12815</FRDOCBP>
                </SJDENT>
                <SJ>Regulation under the Toxic Substances Control Act:</SJ>
                <SJDENT>
                    <SJDOC>n-Methylpyrrolidone, </SJDOC>
                    <PGS>51134-51194</PGS>
                    <FRDOCBP>2024-12643</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Environmental Impact Statements; Availability, etc., </DOC>
                    <PGS>50586</PGS>
                    <FRDOCBP>2024-13133</FRDOCBP>
                </DOCENT>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Science Advisory Board Inorganic Arsenic Review Panel, </SJDOC>
                    <PGS>50586-50587</PGS>
                    <FRDOCBP>2024-13138</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Aviation</EAR>
            <HD>Federal Aviation Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Airspace Designations and Reporting Points:</SJ>
                <SJDENT>
                    <SJDOC>Desmet, SD, </SJDOC>
                    <PGS>50518-50519</PGS>
                    <FRDOCBP>2024-13132</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Nashua, NH, </SJDOC>
                    <PGS>50519-50520</PGS>
                    <FRDOCBP>2024-12946</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>York, ME, </SJDOC>
                    <PGS>50520-50521</PGS>
                    <FRDOCBP>2024-13034</FRDOCBP>
                </SJDENT>
                <SJ>Airworthiness Directives:</SJ>
                <SJDENT>
                    <SJDOC>Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Airplanes, </SJDOC>
                    <PGS>50503-50505</PGS>
                    <FRDOCBP>2024-13017</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Airbus SAS Airplanes, </SJDOC>
                    <PGS>50505-50510</PGS>
                    <FRDOCBP>2024-13013</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes, </SJDOC>
                    <PGS>50501-50503</PGS>
                    <FRDOCBP>2024-13016</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>The Boeing Company Airplanes, </SJDOC>
                    <PGS>50510-50518</PGS>
                    <FRDOCBP>2024-13014</FRDOCBP>
                      
                    <FRDOCBP>2024-13015</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>Airspace Designations and Reporting Points:</SJ>
                <SJDENT>
                    <SJDOC>Ashley, ND, </SJDOC>
                    <PGS>50540-50541</PGS>
                    <FRDOCBP>2024-12959</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Matinicus Island, ME, </SJDOC>
                    <PGS>50536-50537</PGS>
                    <FRDOCBP>2024-13035</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Vicinity of Industry, TX, </SJDOC>
                    <PGS>50537-50540</PGS>
                    <FRDOCBP>2024-12982</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Election</EAR>
            <HD>Federal Election Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>50587</PGS>
                    <FRDOCBP>2024-13263</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Federal Emergency</EAR>
            <HD>Federal Emergency Management Agency</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Disaster or Emergency Declaration and Related Determination:</SJ>
                <SJDENT>
                    <SJDOC>Hoopa Valley Tribe, </SJDOC>
                    <PGS>50603-50604</PGS>
                    <FRDOCBP>2024-13105</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Iowa, </SJDOC>
                    <PGS>50620</PGS>
                    <FRDOCBP>2024-13080</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Kansas, </SJDOC>
                    <PGS>50614-50615</PGS>
                    <FRDOCBP>2024-13106</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Kentucky, </SJDOC>
                    <PGS>50603</PGS>
                    <FRDOCBP>2024-13071</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Massachusetts, </SJDOC>
                    <PGS>50619</PGS>
                    <FRDOCBP>2024-13079</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Morongo Band of Mission Indians, </SJDOC>
                    <PGS>50613</PGS>
                    <FRDOCBP>2024-13104</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Nebraska, </SJDOC>
                    <PGS>50602</PGS>
                    <FRDOCBP>2024-13082</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Nebraska; Amendment No. 1, </SJDOC>
                    <PGS>50611</PGS>
                    <FRDOCBP>2024-13081</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>New Hampshire, </SJDOC>
                    <PGS>50618-50619</PGS>
                    <FRDOCBP>2024-13103</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Ohio, </SJDOC>
                    <PGS>50608</PGS>
                    <FRDOCBP>2024-13083</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Oklahoma, </SJDOC>
                    <PGS>50612</PGS>
                    <FRDOCBP>2024-13108</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <PRTPAGE P="iv"/>
                    <SJDOC>Oklahoma; Amendment No. 1, </SJDOC>
                    <PGS>50609</PGS>
                    <FRDOCBP>2024-13109</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Oklahoma; Amendment No. 10, </SJDOC>
                    <PGS>50612-50613</PGS>
                    <FRDOCBP>2024-13094</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Oklahoma; Amendment No. 11, </SJDOC>
                    <PGS>50610-50611, 50618</PGS>
                    <FRDOCBP>2024-13075</FRDOCBP>
                      
                    <FRDOCBP>2024-13084</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Oklahoma; Amendment No. 2, </SJDOC>
                    <PGS>50616-50617</PGS>
                    <FRDOCBP>2024-13110</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Oklahoma; Amendment No. 3, </SJDOC>
                    <PGS>50608</PGS>
                    <FRDOCBP>2024-13111</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Oklahoma; Amendment No. 4, </SJDOC>
                    <PGS>50607-50608</PGS>
                    <FRDOCBP>2024-13112</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Oklahoma; Amendment No. 5, </SJDOC>
                    <PGS>50619-50620</PGS>
                    <FRDOCBP>2024-13099</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Oklahoma; Amendment No. 6, </SJDOC>
                    <PGS>50616</PGS>
                    <FRDOCBP>2024-13098</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Oklahoma; Amendment No. 7, </SJDOC>
                    <PGS>50613</PGS>
                    <FRDOCBP>2024-13097</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Oklahoma; Amendment No. 8, </SJDOC>
                    <PGS>50609</PGS>
                    <FRDOCBP>2024-13096</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Oklahoma; Amendment No. 9, </SJDOC>
                    <PGS>50613-50614</PGS>
                    <FRDOCBP>2024-13095</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Oregon; Amendment No. 1, </SJDOC>
                    <PGS>50609</PGS>
                    <FRDOCBP>2024-13101</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Rhode Island; Amendment No. 1, </SJDOC>
                    <PGS>50610</PGS>
                    <FRDOCBP>2024-13093</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Tennessee; Amendment No. 1, </SJDOC>
                    <PGS>50615-50616</PGS>
                    <FRDOCBP>2024-13090</FRDOCBP>
                      
                    <FRDOCBP>2024-13091</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Tennessee; Amendment No. 2, </SJDOC>
                    <PGS>50611-50612, 50615</PGS>
                    <FRDOCBP>2024-13088</FRDOCBP>
                      
                    <FRDOCBP>2024-13089</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Tennessee; Amendment No. 3, </SJDOC>
                    <PGS>50607, 50616-50617</PGS>
                    <FRDOCBP>2024-13086</FRDOCBP>
                      
                    <FRDOCBP>2024-13087</FRDOCBP>
                      
                    <FRDOCBP>2024-13092</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Texas, </SJDOC>
                    <PGS>50610</PGS>
                    <FRDOCBP>2024-13078</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Texas; Amendment No. 1, </SJDOC>
                    <PGS>50603</PGS>
                    <FRDOCBP>2024-13077</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Texas; Amendment No. 2, </SJDOC>
                    <PGS>50611</PGS>
                    <FRDOCBP>2024-13076</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Texas; Amendment No. 4, </SJDOC>
                    <PGS>50618</PGS>
                    <FRDOCBP>2024-13074</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Texas; Amendment No. 5, </SJDOC>
                    <PGS>50602</PGS>
                    <FRDOCBP>2024-13073</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Texas; Amendment No. 6, </SJDOC>
                    <PGS>50601-50602</PGS>
                    <FRDOCBP>2024-13072</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Vermont, </SJDOC>
                    <PGS>50617</PGS>
                    <FRDOCBP>2024-13102</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Washington, </SJDOC>
                    <PGS>50614</PGS>
                    <FRDOCBP>2024-13107</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Flood Hazard Determinations, </DOC>
                    <PGS>50604-50607</PGS>
                    <FRDOCBP>2024-13142</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Fish</EAR>
            <HD>Fish and Wildlife Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Permits; Applications, Issuances, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Endangered and Threatened Species, </SJDOC>
                    <PGS>50626-50627</PGS>
                    <FRDOCBP>2024-13134</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Food and Drug</EAR>
            <HD>Food and Drug Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Amending Over-the-Counter Monograph M013:</SJ>
                <SJDENT>
                    <SJDOC>Internal Analgesic, Antipyretic, and Antirheumatic Drug Products for Over-the-Counter Human Use, </SJDOC>
                    <PGS>50593-50594</PGS>
                    <FRDOCBP>2024-13228</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Foreign Agricultural</EAR>
            <HD>Foreign Agricultural Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Determinations:</SJ>
                <SJDENT>
                    <SJDOC>Total Amounts of Fiscal Year 2025 World Trade Organization Tariff-Rate Quotas for Raw Cane Sugar and Certain Sugars, Syrups and Molasses, </SJDOC>
                    <PGS>50547-50548</PGS>
                    <FRDOCBP>2024-13260</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Foreign Assets</EAR>
            <HD>Foreign Assets Control Office</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Sanctions Action, </DOC>
                    <PGS>50665-50666</PGS>
                    <FRDOCBP>2024-13174</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Foreign Trade</EAR>
            <HD>Foreign-Trade Zones Board</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Authorization of Production Activity:</SJ>
                <SJDENT>
                    <SJDOC>Valbruna Slater Stainless Inc., Foreign-Trade Zone 182, Fort Wayne, IN, </SJDOC>
                    <PGS>50564</PGS>
                    <FRDOCBP>2024-13153</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Forest</EAR>
            <HD>Forest Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Northwest Forest Plan Area Advisory Committee; Correction, </SJDOC>
                    <PGS>50549</PGS>
                    <FRDOCBP>2024-13162</FRDOCBP>
                </SJDENT>
                <SJ>Record of Decision:</SJ>
                <SJDENT>
                    <SJDOC>Grand Mesa, Uncompahgre, and Gunnison National Forests; Land Management Plan, </SJDOC>
                    <PGS>50548-50549</PGS>
                    <FRDOCBP>2024-12035</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>General Services</EAR>
            <HD>General Services Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Federal Secure Cloud Advisory Committee, </SJDOC>
                    <PGS>50587-50588</PGS>
                    <FRDOCBP>2024-13136</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 Medicare &amp; Medicaid Services</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Community Living Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Food and Drug Administration</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>National Institutes of Health</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Homeland</EAR>
            <HD>Homeland Security Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Coast Guard</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Federal Emergency Management Agency</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>U.S. Citizenship and Immigration Services</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>U.S. Customs and Border Protection</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Housing</EAR>
            <HD>Housing and Urban Development Department</HD>
            <CAT>
                <HD>RULES</HD>
                <DOCENT>
                    <DOC>Strengthening the Section 184 Indian Housing Loan Guarantee Program, </DOC>
                    <PGS>50523-50524</PGS>
                    <FRDOCBP>2024-13124</FRDOCBP>
                </DOCENT>
            </CAT>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <SJ>HOME Investment Partnerships Program:</SJ>
                <SJDENT>
                    <SJDOC>Program Updates and Streamlining; Public Listening Sessions, </SJDOC>
                    <PGS>50541-50542</PGS>
                    <FRDOCBP>2024-13070</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Funding Awards, </DOC>
                    <PGS>50668-51100</PGS>
                    <FRDOCBP>2024-12287</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Privacy Act; Systems of Records, </DOC>
                    <PGS>50623-50626</PGS>
                    <FRDOCBP>2024-13147</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Interior</EAR>
            <HD>Interior Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Fish and Wildlife Service</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>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>RULES</HD>
                <DOCENT>
                    <DOC>Guidance Under Section 1061; Correction, </DOC>
                    <PGS>50524-50526</PGS>
                    <FRDOCBP>2024-12374</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>International Trade Com</EAR>
            <HD>International Trade Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Complaint, </DOC>
                    <PGS>50633-50634</PGS>
                    <FRDOCBP>2024-13172</FRDOCBP>
                </DOCENT>
                <SJ>Investigations; Determinations, Modifications, and Rulings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from Cambodia, Malaysia, Thailand, and Vietnam, </SJDOC>
                    <PGS>50633</PGS>
                    <FRDOCBP>2024-13066</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>High Chrome Cast Iron Grinding Media from India, </SJDOC>
                    <PGS>50632</PGS>
                    <FRDOCBP>2024-13055</FRDOCBP>
                </SJDENT>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>50632</PGS>
                    <FRDOCBP>2024-13215</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Joint</EAR>
            <HD>Joint Board for Enrollment of Actuaries</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Advisory Committee, </SJDOC>
                    <PGS>50634-50635</PGS>
                    <FRDOCBP>2024-13137</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Justice Department</EAR>
            <HD>Justice Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Proposed Consent Decree:</SJ>
                <SJDENT>
                    <SJDOC>CERCLA; Clean Water Act, </SJDOC>
                    <PGS>50635</PGS>
                    <FRDOCBP>2024-13065</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Labor Department</EAR>
            <HD>Labor Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Mine Safety and Health Administration</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>Land</EAR>
            <HD>Land Management Bureau</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Proposed Resource Management Plan Amendments; Greenlink West Project in Clark, Esmeralda, Lyon, Mineral, Nye, Storey, and Washoe Counties, NV, </SJDOC>
                    <PGS>50629-50630</PGS>
                    <FRDOCBP>2024-12960</FRDOCBP>
                </SJDENT>
                <SJ>Proposed Withdrawal:</SJ>
                <SJDENT>
                    <SJDOC>Arapaho National Wildlife Refuge, CO, </SJDOC>
                    <PGS>50627-50628</PGS>
                    <FRDOCBP>2024-13158</FRDOCBP>
                    <PRTPAGE P="v"/>
                </SJDENT>
                <SJ>Temporary Closure:</SJ>
                <SJDENT>
                    <SJDOC>Recreation Sites and Administrative Sites for Maintenance within the Coeur d'Alene District, ID, </SJDOC>
                    <PGS>50630</PGS>
                    <FRDOCBP>2024-13154</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Mine</EAR>
            <HD>Mine Safety and Health Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <DOCENT>
                    <DOC>Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection; Correction, </DOC>
                    <PGS>50527</PGS>
                    <FRDOCBP>2024-13151</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Archives</EAR>
            <HD>National Archives and Records Administration</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Records Management:</SJ>
                <SJDENT>
                    <SJDOC>General Records Schedule; Transmittal 35, </SJDOC>
                    <PGS>50635-50636</PGS>
                    <FRDOCBP>2024-13176</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Institute</EAR>
            <HD>National Institutes of Health</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Center for Scientific Review, </SJDOC>
                    <PGS>50594-50595</PGS>
                    <FRDOCBP>2024-13085</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Institute on Drug Abuse, </SJDOC>
                    <PGS>50595</PGS>
                    <FRDOCBP>2024-13068</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Oceanic</EAR>
            <HD>National Oceanic and Atmospheric Administration</HD>
            <CAT>
                <HD>RULES</HD>
                <SJ>Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:</SJ>
                <SJDENT>
                    <SJDOC>2024 Commercial Trip Limit Reduction and Closure for Gulf of Mexico Greater Amberjack, </SJDOC>
                    <PGS>50529-50530</PGS>
                    <FRDOCBP>2024-13046</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Snapper-Grouper Fishery of the South Atlantic Region; Temporary Measures to Reduce Overfishing of Red Snapper, </SJDOC>
                    <PGS>50530-50535</PGS>
                    <FRDOCBP>2024-13161</FRDOCBP>
                </SJDENT>
            </CAT>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>List of Gear by Fisheries and Fishery Management Council, </SJDOC>
                    <PGS>50564-50565</PGS>
                    <FRDOCBP>2024-13168</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>National Saltwater Angler Registry and State Exemption Program, </SJDOC>
                    <PGS>50565</PGS>
                    <FRDOCBP>2024-13170</FRDOCBP>
                </SJDENT>
                <SJ>Taking or Importing of Marine Mammals:</SJ>
                <SJDENT>
                    <SJDOC>Furie Operating Alaska, LLC Oil and Gas Activities in Cook Inlet, AK, </SJDOC>
                    <PGS>51102-51132</PGS>
                    <FRDOCBP>2024-13000</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>New London Pier Extension Project at the Naval Submarine Base, </SJDOC>
                    <PGS>50565-50579</PGS>
                    <FRDOCBP>2024-13169</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Park</EAR>
            <HD>National Park Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>National Register of Historic Places:</SJ>
                <SJDENT>
                    <SJDOC>Pending Nominations and Related Actions, </SJDOC>
                    <PGS>50631-50632</PGS>
                    <FRDOCBP>2024-13063</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Science</EAR>
            <HD>National Science Foundation</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>50636-50637</PGS>
                    <FRDOCBP>2024-13305</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>National Resources</EAR>
            <HD>Natural Resources Conservation Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Environmental Impact Statements; Availability, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Elm and Turkey Creeks Watershed Project in Buffalo and Dawson Counties, NE, </SJDOC>
                    <PGS>50549-50551</PGS>
                    <FRDOCBP>2024-13128</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Lower Bear River Watershed Plan in Box Elder County, UT, </SJDOC>
                    <PGS>50551-50554</PGS>
                    <FRDOCBP>2024-13062</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Nuclear Regulatory</EAR>
            <HD>Nuclear Regulatory Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Meetings; Sunshine Act, </DOC>
                    <PGS>50637</PGS>
                    <FRDOCBP>2024-13239</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Peace</EAR>
            <HD>Peace Corps</HD>
            <CAT>
                <HD>RULES</HD>
                <DOCENT>
                    <DOC>Procedures for Disclosure of Information under the Freedom of Information Act, </DOC>
                    <PGS>50521-50522</PGS>
                    <FRDOCBP>2024-13030</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Pension Benefit</EAR>
            <HD>Pension Benefit Guaranty Corporation</HD>
            <CAT>
                <HD>RULES</HD>
                <DOCENT>
                    <DOC>Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing Benefits, </DOC>
                    <PGS>50526-50527</PGS>
                    <FRDOCBP>2024-13047</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Postal Service</EAR>
            <HD>Postal Service</HD>
            <CAT>
                <HD>PROPOSED RULES</HD>
                <DOCENT>
                    <DOC>Securing Bundles of Flats, </DOC>
                    <PGS>50542-50543</PGS>
                    <FRDOCBP>2024-13152</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Presidential Documents</EAR>
            <HD>Presidential Documents</HD>
            <CAT>
                <HD>ADMINISTRATIVE ORDERS</HD>
                <DOCENT>
                    <DOC>Belarus; Continuation of National Emergency (Notice of June 13, 2024), </DOC>
                    <PGS>51195-51198</PGS>
                    <FRDOCBP>2024-13361</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Foreign Assistance Act of 1961; Delegation of Authority Under Section 506(a)(1) and 614(a)(1) (Memorandum of May 24, 2024), </DOC>
                    <PGS>50499</PGS>
                    <FRDOCBP>2024-13298</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>North Korea; Continuation of National Emergency (Notice of June 13, 2024), </DOC>
                    <PGS>51199-51200</PGS>
                    <FRDOCBP>2024-13362</FRDOCBP>
                </DOCENT>
                <DOCENT>
                    <DOC>Western Balkans; Continuation of National Emergency (Notice of June 13, 2024), </DOC>
                    <PGS>51201-51202</PGS>
                    <FRDOCBP>2024-13363</FRDOCBP>
                </DOCENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Rural Housing Service</EAR>
            <HD>Rural Housing Service</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Funding Availability:</SJ>
                <SJDENT>
                    <SJDOC>Section 533 Housing Preservation Grant for Fiscal Year 2024, </SJDOC>
                    <PGS>50554-50560</PGS>
                    <FRDOCBP>2024-13131</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Securities</EAR>
            <HD>Securities and Exchange Commission</HD>
            <CAT>
                <HD>NOTICES</HD>
                <DOCENT>
                    <DOC>Agency Information Collection Activities; Proposals, Submissions, and Approvals, </DOC>
                    <PGS>50652</PGS>
                    <FRDOCBP>2024-13173</FRDOCBP>
                </DOCENT>
                <SJ>Self-Regulatory Organizations; Proposed Rule Changes:</SJ>
                <SJDENT>
                    <SJDOC>Cboe BZX Exchange, Inc., </SJDOC>
                    <PGS>50656-50661</PGS>
                    <FRDOCBP>2024-13049</FRDOCBP>
                      
                    <FRDOCBP>2024-13050</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Cboe EDGA Exchange, Inc, </SJDOC>
                    <PGS>50640-50644</PGS>
                    <FRDOCBP>2024-13056</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Cboe EDGA Exchange, Inc., </SJDOC>
                    <PGS>50653-50656</PGS>
                    <FRDOCBP>2024-13058</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Cboe EDGX Exchange, Inc., </SJDOC>
                    <PGS>50637-50640</PGS>
                    <FRDOCBP>2024-13057</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Financial Industry Regulatory Authority, Inc., </SJDOC>
                    <PGS>50644</PGS>
                    <FRDOCBP>2024-13052</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>NYSE Arca, Inc., </SJDOC>
                    <PGS>50644-50652</PGS>
                    <FRDOCBP>2024-13054</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>State Department</EAR>
            <HD>State Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Charter Amendments, Establishments, Renewals and Terminations:</SJ>
                <SJDENT>
                    <SJDOC>Defense Trade Advisory Group, </SJDOC>
                    <PGS>50661</PGS>
                    <FRDOCBP>2024-13114</FRDOCBP>
                </SJDENT>
                <SJ>Hearings, Meetings, Proceedings, etc.:</SJ>
                <SJDENT>
                    <SJDOC>Foreign Affairs Policy Board, </SJDOC>
                    <PGS>50661</PGS>
                    <FRDOCBP>2024-13149</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Surface Transportation</EAR>
            <HD>Surface Transportation Board</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Exemption:</SJ>
                <SJDENT>
                    <SJDOC>Acquisition of Control; Grupo Mexico, S.A.B. de C.V., Copper Basin Railway, Inc., </SJDOC>
                    <PGS>50661-50662</PGS>
                    <FRDOCBP>2024-13159</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Control; 3i RR Holdings GP LLC, 3i RR Holdings Partnership LP, 3i RR Intermediate Holdings LLC, et al., Cincinnati Eastern Railroad LLC, </SJDOC>
                    <PGS>50662-50663</PGS>
                    <FRDOCBP>2024-13167</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Intra-Corporate Family Transaction; Paul Didelius and CCET LLC, Cincinnati Eastern Railroad LLC, </SJDOC>
                    <PGS>50663-50664</PGS>
                    <FRDOCBP>2024-13166</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Tennessee</EAR>
            <HD>Tennessee Valley Authority</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Record of Decision:</SJ>
                <SJDENT>
                    <SJDOC>Production of Tritium in Commercial Light Water Reactors, </SJDOC>
                    <PGS>50664-50665</PGS>
                    <FRDOCBP>2024-13069</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>
        </AGCY>
        <AGCY>
            <EAR>
                Treasury
                <PRTPAGE P="vi"/>
            </EAR>
            <HD>Treasury Department</HD>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Foreign Assets Control Office</P>
            </SEE>
            <SEE>
                <HD SOURCE="HED">See</HD>
                <P>Internal Revenue Service</P>
            </SEE>
        </AGCY>
        <AGCY>
            <EAR>U.S. Citizenship</EAR>
            <HD>U.S. Citizenship and Immigration Services</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Application for Replacement Naturalization/Citizenship Document, </SJDOC>
                    <PGS>50620-50621</PGS>
                    <FRDOCBP>2024-13126</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Application for Significant Public Benefit Entrepreneur Parole and Instructions for Biographic Information for Entrepreneur Parole Dependents, </SJDOC>
                    <PGS>50621-50622</PGS>
                    <FRDOCBP>2024-13060</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>Medical Certification for Disability Exceptions, </SJDOC>
                    <PGS>50622-50623</PGS>
                    <FRDOCBP>2024-13125</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Customs</EAR>
            <HD>U.S. Customs and Border Protection</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Determination:</SJ>
                <SJDENT>
                    <SJDOC>Thermal Printers, </SJDOC>
                    <PGS>50598-50601</PGS>
                    <FRDOCBP>2024-13115</FRDOCBP>
                </SJDENT>
                <SJDENT>
                    <SJDOC>UPanelS LED Display Panels, </SJDOC>
                    <PGS>50595-50598</PGS>
                    <FRDOCBP>2024-13113</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <AGCY>
            <EAR>Veteran Affairs</EAR>
            <HD>Veterans Affairs Department</HD>
            <CAT>
                <HD>NOTICES</HD>
                <SJ>Agency Information Collection Activities; Proposals, Submissions, and Approvals:</SJ>
                <SJDENT>
                    <SJDOC>Applications for Ordinary Life Insurance Age 65 and 70, </SJDOC>
                    <PGS>50666</PGS>
                    <FRDOCBP>2024-13051</FRDOCBP>
                </SJDENT>
            </CAT>
        </AGCY>
        <PTS>
            <HD SOURCE="HED">Separate Parts In This Issue</HD>
            <HD>Part II</HD>
            <DOCENT>
                <DOC>Housing and Urban Development Department, </DOC>
                <PGS>50668-51100</PGS>
                <FRDOCBP>2024-12287</FRDOCBP>
            </DOCENT>
            <HD>Part III</HD>
            <DOCENT>
                <DOC>Commerce Department, National Oceanic and Atmospheric Administration, </DOC>
                <PGS>51102-51132</PGS>
                <FRDOCBP>2024-13000</FRDOCBP>
            </DOCENT>
            <HD>Part IV</HD>
            <DOCENT>
                <DOC>Environmental Protection Agency, </DOC>
                <PGS>51134-51194</PGS>
                <FRDOCBP>2024-12643</FRDOCBP>
            </DOCENT>
            <HD>Part V</HD>
            <DOCENT>
                <DOC>Presidential Documents, </DOC>
                <PGS>51195-51202</PGS>
                <FRDOCBP>2024-13361</FRDOCBP>
                  
                <FRDOCBP>2024-13362</FRDOCBP>
                  
                <FRDOCBP>2024-13363</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>89</VOL>
    <NO>116</NO>
    <DATE>Friday, June 14, 2024</DATE>
    <UNITNAME>Rules and Regulations</UNITNAME>
    <RULES>
        <RULE>
            <PREAMB>
                <PRTPAGE P="50501"/>
                <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2024-0219; Project Identifier MCAI-2023-00764-T; Amendment 39-22755; AD 2024-10-09]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.) Airplanes</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is adopting a new airworthiness directive (AD) for certain MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 &amp; 440) airplanes. This AD was prompted by a determination that a more restrictive airworthiness limitation is necessary. This AD requires revising the existing maintenance or inspection program, as applicable, to incorporate a more restrictive airworthiness limitation, as specified in a Transport Canada AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective July 19, 2024.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 19, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2024-0219; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For material, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email 
                        <E T="03">TC.AirworthinessDirectives-Consignesdenavigabilite.TC@tc.gc.ca;</E>
                         website 
                        <E T="03">tc.canada.ca/en/aviation.</E>
                    </P>
                    <P>
                        • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, 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 at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2024-0219.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mark Taylor, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone 516-228-7300; email 
                        <E T="03">9-avs-nyaco-cos@faa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain MHI RJ Aviation ULC Model CL-600-2B19 (Regional Jet Series 100 &amp; 440) airplanes. The NPRM published in the 
                    <E T="04">Federal Register</E>
                     on February 2, 2024 (89 FR 7299). The NPRM was prompted by AD CF-2023-41, dated June 15, 2023, issued by Transport Canada, which is the aviation authority for Canada (Transport Canada AD CF-2023-41) (also referred to as the MCAI). The MCAI states that a more restrictive airworthiness limitation has been developed due to reports of an unclear effectivity for airworthiness limitation (AWL) task number 53-41-180 in the Maintenance Requirements Manual (MRM), Part 2. If the revised task, AWL number 53-41-180, is not performed at the required intervals, failures of the strap modification to the fuselage station (FS) 409 + 128 bulkhead could remain undetected and could result in the loss of the structural integrity of the airplane.
                </P>
                <P>In the NPRM, the FAA proposed to require revising the existing maintenance or inspection program, as applicable, to incorporate a more restrictive airworthiness limitation, as specified in Transport Canada AD CF-2023-41. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                <P>
                    You may examine the MCAI in the AD docket at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2024-0219.
                </P>
                <HD SOURCE="HD1">Discussion of Final Airworthiness Directive</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>The FAA received comments from one commenter, Air Wisconsin Airlines. The following presents the comments received on the NPRM and the FAA's response to each comment.</P>
                <HD SOURCE="HD1">Request for Change to Applicability</HD>
                <P>Air Wisconsin Airlines noted that the proposed applicability in paragraph (c) of the proposed AD, which references the applicability in Transport Canada AD CF-2023-41, does not list the applicable reference serial numbers 7946 through 8113. The commenter requested that the proposed AD be revised to list the applicable serial numbers, if they are the same as those listed in Transport Canada AD CF-2023-41.</P>
                <P>The FAA disagrees with correcting the applicability of this AD. Paragraph (c) of this AD states that the AD affects the airplanes identified in Transport Canada AD CF-2023-41, which has the applicability as affecting airplanes with serial numbers 7946 through 8113. No changes have been made to this AD regarding this issue.</P>
                <HD SOURCE="HD1">Request for Clarification of the Applicability of a Task</HD>
                <P>Air Wisconsin Airlines requested clarification of whether paragraph (h)(2) of the proposed AD would require revising the maintenance or inspection program to incorporate a revised task for all airplanes or only certain airplanes.</P>
                <P>The FAA agrees to clarify. Revising the maintenance or inspection program to incorporate a revised AWL task affects all airplanes identified in the applicability in paragraph (c) of the AD. A task within an AWL might have an effectivity for specific airplanes. No changes have been made to this AD regarding this issue.</P>
                <HD SOURCE="HD1">Request for Clarification of the Fuselage Station of the Strap Modification</HD>
                <P>
                    Air Wisconsin Airlines requested that paragraph (e) of the proposed AD 
                    <PRTPAGE P="50502"/>
                    regarding the location of the strap modification be changed from “(FS) 409 and 128” to “(FS) 409 + 128”. MHI RJ TR 2B-2283 lists the aircraft station as “fuselage (FS) 409 + 128 bulkhead.” In the NPRM, the location is listed as “(FS) 409 and 128 bulkhead,” which sounds like 2 different locations.
                </P>
                <P>The FAA agrees with the commenter. The FAA has confirmed with the manufacturer that the location of the strap modification is FS 409 + 128. The FAA has changed this final rule to reflect the proper location.</P>
                <HD SOURCE="HD1">Conclusion</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 the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered the comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. Except for minor editorial changes, and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.</P>
                <HD SOURCE="HD1">Related Service Information Under 1 CFR Part 51</HD>
                <P>
                    Transport Canada AD CF-2023-41 specifies procedures for a more restrictive airworthiness limitation for AWL task number 53-41-180. This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD affects 78 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:</P>
                <P>The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 work-hours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, the agency estimates the average total cost per operator to be $7,650 (90 work-hours × $85 per work-hour).</P>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
                <P>The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Will not affect intrastate aviation in Alaska, and</P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>49 U.S.C. 106(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:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2024-10-09 MHI RJ Aviation ULC (Type Certificate Previously Held by Bombardier, Inc.):</E>
                             Amendment 39-22755; Docket No. FAA-2024-0219; Project Identifier MCAI-2023-00764-T.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective July 19, 2024.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>None.</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to MHI RJ Aviation ULC (Type Certificate previously held by Bombardier, Inc.) Model CL-600-2B19 (Regional Jet Series 100 &amp; 440) airplanes, certificated in any category, as identified in Transport Canada AD CF-2023-41, dated June 15, 2023 (Transport Canada AD CF-2023-41).</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by a determination that a more restrictive airworthiness limitation is necessary. The FAA is issuing this AD to address failure of the strap modification to the fuselage station (FS) 409 + 128 bulkhead. The unsafe condition, if not addressed, could result in the loss of the structural integrity 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, Transport Canada AD CF-2023-41.</P>
                        <HD SOURCE="HD1">(h) Exception to Transport Canada AD CF-2023-41</HD>
                        <P>(1) Where Transport Canada AD CF-2023-41 refers to its effective date, this AD requires using the effective date of this AD.</P>
                        <P>(2) Where paragraph A. of Transport Canada AD CF-2023-41 specifies to “incorporate the revised task AWL number 53-41-180 in Appendix B of the MRM CSP A-053 Part 2,” this AD requires replacing that text with “revise the existing maintenance or inspection program, as applicable, by incorporating the revised task AWL number 53-41-180 specified in MHI RJ Temporary Revision 2B-2283, dated March 16, 2023.”</P>
                        <P>(3) The initial compliance time for doing the task specified in paragraph A. of Transport Canada AD CF-2023-41 is at the applicable “threshold” as specified in the service information referenced in paragraph B. of Transport Canada AD CF-2023-41, or within 60 days after the effective date of this AD, whichever occurs later.</P>
                        <P>
                            (4) This AD does not adopt paragraph B. of Transport Canada AD CF-2023-41.
                            <PRTPAGE P="50503"/>
                        </P>
                        <HD SOURCE="HD1">(i) Provisions for Alternative Actions and Intervals</HD>
                        <P>
                            After the existing maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (
                            <E T="03">e.g.,</E>
                             inspections) and intervals are allowed unless they are approved as specified in the provisions of the “Corrective Actions” section of Transport Canada AD CF-2023-41.
                        </P>
                        <HD SOURCE="HD1">(j) Additional 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 Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (k) of this AD or email to: 
                            <E T="03">9-AVS-NYACO-COS@faa.gov.</E>
                             If mailing information, also submit information by email. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.
                        </P>
                        <P>
                            (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 Validation Branch, FAA; or Transport Canada; or MHI RJ Aviation ULC's Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature.
                        </P>
                        <HD SOURCE="HD1">(k) Additional Information</HD>
                        <P>
                            For more information about this AD, contact Mark Taylor, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; phone 516-228-7300; email 
                            <E T="03">9-avs-nyaco-cos@faa.gov.</E>
                        </P>
                        <HD SOURCE="HD1">(l) Material Incorporated by Reference</HD>
                        <P>(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the 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.</P>
                        <P>(i) Transport Canada AD CF-2023-41, dated June 15, 2023.</P>
                        <P>(ii) [Reserved]</P>
                        <P>
                            (3) For Transport Canada AD CF-2023-41, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; phone 888-663-3639; email 
                            <E T="03">TC.AirworthinessDirectives-Consignesdenavigabilite.TC@tc.gc.ca.</E>
                             You may find this Transport Canada AD on the Transport Canada website 
                            <E T="03">tc.canada.ca/en/aviation.</E>
                        </P>
                        <P>(4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.</P>
                        <P>
                            (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov.</E>
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued on May 15, 2024.</DATED>
                    <NAME>Victor Wicklund,</NAME>
                    <TITLE>Deputy Director, Compliance &amp; Airworthiness Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13016 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2024-1471; Project Identifier MCAI-2024-00146-T; Amendment 39-22757; AD 2024-10-11]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) 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>The FAA is adopting a new airworthiness directive (AD) for certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. This AD was prompted by a report indicating that the rigging pin in the bulkhead internal crank assembly of the overwing emergency exit door (OWEED) escape slide mechanism was not removed during production. This AD requires inspecting the OWEED escape slide mechanism to determine if a rigging pin is installed and, if installed, removing the rigging pin, as specified in Transport Canada AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective July 1, 2024.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 1, 2024.</P>
                    <P>The FAA must receive comments on this AD by July 29, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">regulations.gov</E>
                        . Follow the instructions for submitting comments.
                    </P>
                    <P>
                        • 
                        <E T="03">Fax:</E>
                         202-493-2251.
                    </P>
                    <P>
                        • 
                        <E T="03">Mail:</E>
                         U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        • 
                        <E T="03">Hand Delivery:</E>
                         Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2024-1471; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For Transport Canada material, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email 
                        <E T="03">TC.AirworthinessDirectives-Consignesdenavigabilite.TC@tc.gc.ca;</E>
                         website 
                        <E T="03">tc.canada.ca/en/aviation.</E>
                    </P>
                    <P>
                        • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2024-1471.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email 
                        <E T="03">9-avs-nyaco-cos@faa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Comments Invited</HD>
                <P>
                    The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under 
                    <E T="02">ADDRESSES</E>
                    . Include “Docket No. FAA-2024-1471; Project Identifier MCAI-2024-00146-T” at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments.
                </P>
                <P>
                    Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to 
                    <PRTPAGE P="50504"/>
                    <E T="03">regulations.gov,</E>
                     including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule.
                </P>
                <HD SOURCE="HD1">Confidential Business Information</HD>
                <P>
                    CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this AD contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this AD, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as “PROPIN.” The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this AD. Submissions containing CBI should be sent to Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email 
                    <E T="03">9-avs-nyaco-cos@faa.gov.</E>
                     Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.
                </P>
                <HD SOURCE="HD1">Background</HD>
                <P>Transport Canada, which is the aviation authority for Canada, has issued Transport Canada AD CF-2024-08, dated February 29, 2024 (Transport Canada AD CF-2024-08) (also referred to as the MCAI), to correct an unsafe condition on certain Airbus Canada Limited Partnership Model BD-500-1A10 and BD-500-1A11 airplanes. The MCAI states a rigging pin in the bulkhead internal crank assembly of the OWEED escape slide mechanism was not removed during production. This rigging pin, if not removed, will prevent the deployment of the off-wing evacuation slide, which could hinder passenger evacuation in an emergency.</P>
                <P>The FAA is issuing this AD to address the unsafe condition on these products.</P>
                <P>
                    You may examine the MCAI in the AD docket at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2024-1471.
                </P>
                <HD SOURCE="HD1">Related Service Information Under 1 CFR Part 51</HD>
                <P>Transport Canada AD CF-2024-08 specifies procedures for a one-time visual inspection of the left- and right-hand bulkhead internal crank assembly to determine if the OWEED escape slide mechanism has a rigging pin installed and, if installed, removing the rigging pin.</P>
                <P>
                    This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">FAA's Determination</HD>
                <P>This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA is issuing this AD after determining that the unsafe condition described previously is likely to exist or develop on other products of the same type design.</P>
                <HD SOURCE="HD1">Requirements of This AD</HD>
                <P>This AD requires accomplishing the actions specified in Transport Canada AD CF-2024-08 described previously, except for any differences identified as exceptions in the regulatory text of this AD.</P>
                <HD SOURCE="HD1">Explanation of Required Compliance Information</HD>
                <P>
                    In the FAA's ongoing efforts to improve the efficiency of the AD process, the FAA developed a process to use some civil aviation authority (CAA) ADs as the primary source of information for compliance with requirements for corresponding FAA ADs. The FAA has been coordinating this process with manufacturers and CAAs. As a result, Transport Canada AD CF-2024-08 is incorporated by reference in this AD. This AD requires compliance with Transport Canada AD CF-2024-08 in its entirety through that incorporation, except for any differences identified as exceptions in the regulatory text of this AD. Service information required by Transport Canada AD CF-2024-08 for compliance will be available at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2024-1471 after this AD is published.
                </P>
                <HD SOURCE="HD1">Justification for Immediate Adoption and Determination of the Effective Date</HD>
                <P>
                    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 551 
                    <E T="03">et seq.</E>
                    ) authorizes agencies to dispense with notice and comment procedures for rules when the agency, for “good cause,” finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under this section, an agency, upon finding good cause, may issue a final rule without providing notice and seeking comment prior to issuance. Further, section 553(d) of the APA authorizes agencies to make rules effective in less than thirty days, upon a finding of good cause.
                </P>
                <P>There are currently no domestic operators of these products. Accordingly, notice and opportunity for prior public comment are unnecessary, pursuant to 5 U.S.C. 553(b)(3)(B). In addition, for the forgoing reason(s), the FAA finds that good cause exists pursuant to 5 U.S.C. 553(d) for making this amendment effective in less than 30 days.</P>
                <HD SOURCE="HD1">Regulatory Flexibility Act (RFA)</HD>
                <P>The requirements of the RFA do not apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt a rule without prior notice and comment. Because the FAA has determined that it has good cause to adopt this rule without notice and comment, RFA analysis is not required.</P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>Currently, there are no affected U.S.-registered airplanes. If an affected airplane is imported and placed on the U.S. Register in the future, the FAA provides the following cost estimates to comply with this AD:</P>
                <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s50,12C,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>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">7.5 work-hours × $85 per hour = $638</ENT>
                        <ENT>$0</ENT>
                        <ENT>$638</ENT>
                    </ROW>
                </GPOTABLE>
                <PRTPAGE P="50505"/>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
                <P>The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866, and</P>
                <P>(2) Will not affect intrastate aviation in Alaska.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 49 U.S.C. 106(g), 40113, 44701.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 39.13</SECTNO>
                    <SUBJECT>[Amended] </SUBJECT>
                </SECTION>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>2. The FAA amends § 39.13 by adding the following new airworthiness directive:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2024-10-11 Airbus Canada Limited Partnership (Type Certificate Previously Held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.):</E>
                             Amendment 39-22757; Docket No. FAA-2024-1471; Project Identifier MCAI-2024-00146-T.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective July 1, 2024.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>None.</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to Airbus Canada Limited Partnership (Type Certificate previously held by C Series Aircraft Limited Partnership (CSALP); Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11 airplanes, certificated in any category, as identified in Transport Canada AD CF-2024-08, dated February 29, 2024 (Transport Canada AD CF-2024-08).</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Air Transport Association (ATA) of America Code 52, Doors.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by a report indicating that the rigging pin in the bulkhead internal crank assembly of the overwing emergency exit door (OWEED) escape slide mechanism was not removed during production. The FAA is issuing this AD to address installed rigging pins that were not removed during production. The unsafe condition, if not addressed, will prevent the deployment of the off-wing evacuation slide, which could hinder passenger evacuation in an emergency.</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, Transport Canada AD CF-2024-08.</P>
                        <HD SOURCE="HD1">(h) Exception to Transport Canada AD CF-2024-08</HD>
                        <P>Where Transport Canada AD CF-2024-08 refers to its effective date, this AD requires using the effective date of this AD.</P>
                        <HD SOURCE="HD1">(i) Additional 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 Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (j) of this AD. Information may be emailed to: 
                            <E T="03">9-AVS-NYACO-COS@faa.gov.</E>
                             Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.
                        </P>
                        <P>
                            (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 Validation Branch, FAA; or Transport Canada; or Airbus Canada Limited Partnership's Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature.
                        </P>
                        <HD SOURCE="HD1">(j) Additional Information</HD>
                        <P>
                            For more information about this AD, contact Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-228-7300; email 
                            <E T="03">9-avs-nyaco-cos@faa.gov.</E>
                        </P>
                        <HD SOURCE="HD1">(k) Material Incorporated by Reference</HD>
                        <P>(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
                        <P>(2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise.</P>
                        <P>(i) Transport Canada AD CF-2024-08, dated February 29, 2024.</P>
                        <P>(ii) [Reserved]</P>
                        <P>
                            (3) For Transport Canada AD CF-2024-08, contact Transport Canada, Transport Canada National Aircraft Certification, 159 Cleopatra Drive, Nepean, Ontario K1A 0N5, Canada; telephone 888-663-3639; email 
                            <E T="03">TC.AirworthinessDirectives-Consignesdenavigabilite.TC@tc.gc.ca;</E>
                             website 
                            <E T="03">tc.canada.ca/en/aviation.</E>
                        </P>
                        <P>(4) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th Street, Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.</P>
                        <P>
                            (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov.</E>
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued on May 15, 2024.</DATED>
                    <NAME>Victor Wicklund,</NAME>
                    <TITLE>Deputy Director, Compliance &amp; Airworthiness Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13017 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2024-0040; Project Identifier MCAI-2023-01196-T; Amendment 39-22738; AD 2024-08-05]</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>
                    <PRTPAGE P="50506"/>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is superseding Airworthiness Directive (AD) 2014-15-09, AD 2020-15-09, and AD 2022-16-07. AD 2014-15-09 applied to all Airbus SAS Model A330-200 Freighter, A330-200 and -300, and A340-200, -300, -500, and -600 series airplanes. AD 2020-15-09 applied to all Airbus SAS Model A330-941 airplanes. AD 2014-15-09 and AD 2020-15-09 required repetitive operational tests of the hydraulic locking function on certain spoiler servo-controls (SSCs) and replacement if necessary. AD 2022-16-07 applied to certain Airbus SAS Model A330-200, A330-200 Freighter, and A330-300 series airplanes. AD 2022-16-07 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. This AD was prompted by the determination that new or more restrictive airworthiness limitations are necessary. This AD continues to require certain actions in AD 2014-15-09, AD 2020-15-09, and AD 2022-16-07 and requires revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations, as specified in a European Union Aviation Safety Agency (EASA), which is incorporated by reference. This AD also removes Model A340-200, -300, -500, and -600 series airplanes from the applicability. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective July 19, 2024.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 19, 2024.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of September 27, 2022 (87 FR 51585, August 23, 2022).</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of September 3, 2020 (85 FR 45767, July 30, 2020).</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of September 5, 2014 (79 FR 44663, August 1, 2014).</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2024-0040; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For EASA material, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
                        <E T="03">ADs@easa.europa.eu;</E>
                         website 
                        <E T="03">easa.europa.eu.</E>
                         You may find this material on the EASA website at 
                        <E T="03">ad.easa.europa.eu.</E>
                    </P>
                    <P>
                        • For Airbus service information, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email 
                        <E T="03">airworthiness.A330-A340@airbus.com;</E>
                         website 
                        <E T="03">airbus.com</E>
                        .
                    </P>
                    <P>
                        • You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available in the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2024-0040.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Vladimir Ulyanov, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3229; email 
                        <E T="03">Vladimir.ulyanov@faa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Background</HD>
                <P>The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2014-15-09, Amendment 39-17911 (79 FR 44663, August 1, 2014) (AD 2014-15-09); AD 2020-15-09, Amendment 39-21172 (85 FR 45767, July 30, 2020) (AD 2020-15-09); and AD 2022-16-07, Amendment 39-22136 (87 FR 51585, August 23, 2022) (AD 2022-16-07).</P>
                <P>AD 2014-15-09 applied to all Airbus SAS Model A330-200 Freighter, A330-200 and -300, and A340-200, -300, -500, and -600 series airplanes. AD 2014-15-09 required repetitive operational tests of the hydraulic locking function on certain SSCs and replacement if necessary. The FAA issued AD 2014-15-09 to address loss of the hydraulic locking function during take-off, which, in combination with one inoperative engine, could result in reduced controllability of the airplane.</P>
                <P>AD 2020-15-09 applied to all Airbus SAS Model A330-941 airplanes. AD 2020-15-09 required repetitive operational tests of the hydraulic locking function on certain SSCs and replacement if necessary. The FAA issued AD 2020-15-09 to address loss of hydraulic locking function on the SSCs, which in combination with one engine inoperative at takeoff, could result in reduced controllability of the airplane.</P>
                <P>AD 2022-16-07 applied to certain Airbus SAS Model A330-200, A330-200 Freighter, and A330-300 series airplanes. AD 2022-16-07 required revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations. The FAA issued AD 2022-16-07 to address a safety-significant latent failure (that is not annunciated) that, in combination with one or more other specific failures or events, could result in a hazardous or catastrophic failure condition.</P>
                <P>
                    The NPRM published in the 
                    <E T="04">Federal Register</E>
                     on January 31, 2024 (89 FR 6051). The NPRM was prompted by AD 2023-0199, dated November 17, 2023 (EASA AD 2023-0199) (also referred to as the MCAI), issued by EASA, which is the Technical Agent for the Member States of the European Union. The MCAI states that new or more restrictive airworthiness limitations have been developed.
                </P>
                <P>In the NPRM, the FAA proposed to continue to require certain actions in AD 2014-15-09, AD 2020-15-09, and AD 2022-16-07 and proposed to require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive airworthiness limitations as specified in EASA AD 2023-0199. The FAA is issuing this AD to address safety-significant latent failure (that is not annunciated) that, in combination with one or more other specific failures or events, could result in a hazardous or catastrophic failure condition.</P>
                <P>
                    You may examine the MCAI in the AD docket at 
                    <E T="03">regulations.gov</E>
                     under Docket No. FAA-2024-0040.
                </P>
                <HD SOURCE="HD1">Discussion of Final Airworthiness Directive</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>The FAA received a comment from Air Line Pilots Association, International (ALPA), who supported the NPRM without change.</P>
                <P>
                    The FAA received an additional comment from Delta Air Lines (Delta). The following presents FAA's response to the comment.
                    <PRTPAGE P="50507"/>
                </P>
                <HD SOURCE="HD1">Request for an Exception To Clarify a Compliance Time</HD>
                <P>Delta requested that an exception be added to paragraph (q) of the proposed AD to clarify a compliance time that refers to an EASA AD effective date. Delta stated that tasks 282400-G0001-1-C and 282400-P0001-1-C in the Airbus A330 Airworthiness Limitations Section (ALS), Part 3, Revision 08, dated October 2, 2023, have a compliance time that states “24 Months from the Effective Date of the EASA Airworthiness Directive that is expected to be issued to mandate this change, without exceeding the current 29 000 FH.” Delta stated the reason for the request is to include a clear statement in the exception that will include the document that references the EASA AD effective date.</P>
                <P>The FAA agrees the compliance time is not clearly defined. The FAA has added an exception to paragraph (q)(6) of this AD to clarify that the 24-month compliance time refers to the effective date of this AD.</P>
                <HD SOURCE="HD1">Conclusion</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 the FAA's bilateral agreement with this State of Design Authority, it has notified the FAA of the unsafe condition described in the MCAI referenced above. The FAA reviewed the relevant data, considered the comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on this product. Except for minor editorial changes, and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.</P>
                <HD SOURCE="HD1">Related Service Information Under 1 CFR Part 51</HD>
                <P>The FAA reviewed EASA AD 2023-0199. This service information specifies new or more restrictive airworthiness limitations for airplane structures, including the repetitive operational tests required by EASA AD 2013-0251, dated October 15, 2013; Correction dated October 16, 2013; and EASA AD 2020-0054, dated March 11, 2020 (which correspond to FAA AD 2014-15-09 and FAA AD 2020-15-09).</P>
                <P>This AD also requires EASA AD 2021-0248, which the Director of the Federal Register approved for incorporation by reference as of September 27, 2022 (87 FR 51585, August 23, 2022).</P>
                <P>This AD also requires EASA AD 2020-0054, which the Director of the Federal Register approved for incorporation by reference as of September 3, 2020 (85 FR 45767, July 30, 2020).</P>
                <P>This AD also requires Airbus Service Bulletin A330-27-3195, Revision 01, dated February 6, 2014, which the Director of the Federal Register approved for incorporation by reference as of September 5, 2014 (79 FR 44663, August 1, 2014).</P>
                <P>
                    This material is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD affects 142 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:</P>
                <P>The FAA estimates the total cost per operator for the retained actions from AD 2022-16-07 to be $7,650 (90 work-hours × $85 per work-hour).</P>
                <P>The FAA has determined that revising the existing maintenance or inspection program takes an average of 90 work-hours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate.</P>
                <P>The FAA estimates the total cost per operator for the new actions to be $7,650 (90 work-hours × $85 per work-hour).</P>
                <GPOTABLE COLS="5" OPTS="L2,i1" CDEF="s50,r50,12C,12C,12C">
                    <TTITLE>Estimated Costs for Other Retained Actions</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">
                            Cost per
                            <LI>product</LI>
                        </CHED>
                        <CHED H="1">
                            Cost on U.S.
                            <LI>operators</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Retained actions from AD 2014-15-09 and AD 2020-15-09</ENT>
                        <ENT>6 work-hours × $85 per hour = $510</ENT>
                        <ENT>$0</ENT>
                        <ENT>$510</ENT>
                        <ENT>$72,420</ENT>
                    </ROW>
                </GPOTABLE>
                <P>The FAA estimates the following costs to do any necessary on-condition actions that would be required based on the results of any required actions. The agency has no way of determining the number of aircraft that might need on-condition actions:</P>
                <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s50,12C,12C">
                    <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">3 work-hours × $85 per hour = $255</ENT>
                        <ENT>$35,000</ENT>
                        <ENT>$35,255</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1"> Authority for This Rulemaking</HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
                <P>
                    The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.
                    <PRTPAGE P="50508"/>
                </P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Will not affect intrastate aviation in Alaska, and</P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>49 U.S.C. 106(g), 40113, 44701.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 39.13</SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>2. The FAA amends § 39.13 by:</AMDPAR>
                    <AMDPAR>a. Removing Airworthiness Directive (AD) 2014-15-09, Amendment 39-17911 (79 FR 44663, August 1, 2014); AD 2020-15-09, Amendment 39-21172 (85 FR 45767, July 30, 2020); and AD 2022-16-07, Amendment 39-22136 (87 FR 51585, August 23, 2022); and</AMDPAR>
                    <AMDPAR>b. Adding the following new AD:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2024-08-05 Airbus SAS:</E>
                             Amendment 39-22738; Docket No. FAA-2024-0040; Project Identifier MCAI-2023-01196-T.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective July 19, 2024.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>This AD replaces the ADs identified in paragraphs (b)(1) through (3) of this AD.</P>
                        <P>(1) AD 2014-15-09, Amendment 39-17911 (79 FR 44663, August 1, 2014) (AD 2014-15-09).</P>
                        <P>(2) AD 2020-15-09, Amendment 39-21172 (85 FR 45767, July 30, 2020) (AD 2020-15-09).</P>
                        <P>(3) AD 2022-16-07, Amendment 39-22136 (87 FR 51585, August 23, 2022) (AD 2022-16-07).</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to Airbus SAS Model A330-201, -202, -203, -223, -223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, -343, -841, and -941 airplanes, certificated in any category, with an original airworthiness certificate or original export certificate of airworthiness issued on or before October 2, 2023.</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by a determination that new or more restrictive airworthiness limitations are necessary. The FAA is issuing this AD to address a safety-significant latent failure (that is not annunciated) that, in combination with one or more other specific failures or events, could result in a hazardous or catastrophic failure condition.</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) Retained Repetitive Operational Tests of Spoiler Servo-Controls (SSCs) for Certain Airplanes, With Removed References to Model A340 Service Information</HD>
                        <P>This paragraph restates the requirements of paragraph (g) of AD 2014-15-09, with removed references to Model A340 service information. For Model A330-201, -202, -203, -223, -223F, -243, -243F, -301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes: At the latest of the times specified in paragraphs (g)(1) through (3) of this AD, accomplish an operational test of the hydraulic locking function on each SSC (any type), when fitted on the Blue or Yellow hydraulic circuits, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-27-3195, Revision 01, dated February 6, 2014. Repeat the operational test thereafter at intervals not to exceed 48 months. Accomplishing the revision of the existing maintenance or inspection program required by paragraph (p) of this AD terminates the requirements of this paragraph.</P>
                        <P>(1) Within 48 months since first flight of the airplane.</P>
                        <P>(2) Within 48 months since accomplishing the most recent operational test, as specified in Airbus All Operators Telex (AOT) A330-27A3185; dated January 4, 2012.</P>
                        <P>(3) Within 24 months after September 5, 2014 (the effective date of AD 2014-15-09).</P>
                        <HD SOURCE="HD1">(h) Retained Credit for Previous Actions for Paragraph (g) of This AD, With Removed References to Model A340 Service Information</HD>
                        <P>This paragraph restates the credit provided in paragraph (h) of AD 2014-15-09, with removed references to Model A340 service information. This paragraph provides credit for the actions required by paragraph (g) of this AD, if those actions were performed before September 5, 2014 (the effective date of AD 2014-15-09) using Airbus Service Bulletin A330-27-3195, dated December 7, 2012.</P>
                        <HD SOURCE="HD1">(i) Retained Replacement of Affected SSCs Found During the Test Required by Paragraph (g) of This AD, With Removed References to Model A340 Service Information</HD>
                        <P>This paragraph restates the replacement required by paragraph (i) of AD 2014-15-09, with removed references to Model A340 service information. If, during any operational test required by paragraph (g) of this AD, the hydraulic locking function of an SSC fails the test, before further flight, replace the affected SSC with a serviceable part, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A330-27-3195, Revision 01, dated February 6, 2014.</P>
                        <HD SOURCE="HD1">(j) Retained No Terminating Action for Paragraph (g) of This AD, With No Changes</HD>
                        <P>This paragraph restates the no terminating action statement specified in paragraph (j) of AD 2014-15-09, with no changes. Doing the replacement required by paragraph (i) of this AD is not terminating action for the repetitive operational tests required by paragraph (g) of this AD.</P>
                        <HD SOURCE="HD1">(k) Retained Repetitive Operational Tests and Replacement of Affected SSCs for Model A330-941 Airplanes, With No Changes</HD>
                        <P>This paragraph restates the requirements of paragraph (g) of AD 2020-15-09, with no changes. For Model A330-941 airplanes: Except as specified in paragraph (l) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, European Union Aviation Safety Agency (EASA) AD 2020-0054, dated March 11, 2020 (EASA AD 2020-0054). Accomplishing the revision of the existing maintenance or inspection program required by paragraph (p) of this AD terminates the requirements of this paragraph.</P>
                        <HD SOURCE="HD1">(l) Retained Exceptions to EASA AD 2020-0054, With No Changes</HD>
                        <P>This paragraph restates the exceptions specified in paragraph (h) of AD 2020-15-09, with no changes. The “Remarks” section of EASA AD 2020-0054 does not apply to this AD.</P>
                        <HD SOURCE="HD1">(m) Retained Revision of the Existing Maintenance or Inspection Program, With No Changes</HD>
                        <P>
                            This paragraph restates the requirements of paragraph (i) of AD 2022-16-07, with no changes. For airplanes with an original airworthiness certificate or original export certificate of airworthiness issued on or before July 1, 2021: Except as specified in paragraph (n) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2021-0248, dated November 15, 2021 (EASA AD 2021-0248). Accomplishing the revision of the existing maintenance or inspection program required by paragraph (p) of this AD terminates the requirements of this paragraph.
                            <PRTPAGE P="50509"/>
                        </P>
                        <HD SOURCE="HD1">(n) Retained Exceptions to EASA AD 2021-0248, With No Changes</HD>
                        <P>This paragraph restates the exceptions specified in paragraph (j) of AD 2022-16-07, with no changes.</P>
                        <P>(1) Where EASA AD 2021-0248 refers to its effective date, this AD requires using September 27, 2022 (the effective date of AD 2022-16-07).</P>
                        <P>(2) The requirements specified in paragraphs (1) and (2) of EASA AD 2021-0248 do not apply to this AD.</P>
                        <P>(3) Paragraph (3) of EASA AD 2021-0248 specifies revising “the approved AMP [aircraft maintenance program]” within 12 months after its effective date, but this AD requires revising the existing maintenance or inspection program, as applicable, within 90 days after September 27, 2022 (the effective date of AD 2022-16-07).</P>
                        <P>(4) The initial compliance time for doing the tasks specified in paragraph (3) of EASA 2021-0248 is at the applicable “associated thresholds,” as incorporated by the requirements of paragraph (3) of EASA AD 2021-0248, or within 90 days after September 27, 2022 (the effective date of AD 2022-16-07), whichever occurs later.</P>
                        <P>(5) The provisions specified in paragraphs (4) and (5) of EASA AD 2021-0248 do not apply to this AD.</P>
                        <P>(6) The “Remarks” section of EASA AD 2021-0248 does not apply to this AD.</P>
                        <HD SOURCE="HD1">(o) Retained Provisions on Alternative Actions and Intervals, With a New Exception</HD>
                        <P>
                            This paragraph restates the provisions specified in paragraph (k) of AD 2022-16-07, with a new exception. Except as required by paragraph (p) of this AD, after the existing maintenance or inspection program has been revised as required by paragraph (m) of this AD, no alternative actions (
                            <E T="03">e.g.,</E>
                             inspections) and intervals are allowed unless they are approved as specified in the provisions of the “Ref. Publications” section of EASA AD 2021-0248.
                        </P>
                        <HD SOURCE="HD1">(p) New Revision of the Existing Maintenance or Inspection Program</HD>
                        <P>Except as specified in paragraph (q) of this AD: Comply with all required actions and compliance times specified in, and in accordance with, EASA AD 2023-0199, dated November 17, 2023 (EASA AD 2023-0199). Accomplishing the revision of the existing maintenance or inspection program required by this paragraph terminates the requirements of paragraphs (g), (k), and (m) of this AD.</P>
                        <HD SOURCE="HD1">(q) Exceptions to EASA AD 2023-0199</HD>
                        <P>(1) This AD does not adopt the requirements specified in paragraphs (1) and (2) of EASA AD 2023-0199.</P>
                        <P>(2) Paragraph (3) of EASA AD 2023-0199 specifies revising “the AMP,” within 12 months after its effective date, but this AD requires revising the existing maintenance or inspection program, as applicable, within 90 days after the effective date of this AD.</P>
                        <P>(3) The initial compliance time for doing the tasks specified in paragraph (3) of EASA AD 2023-0199 is at the applicable “associated thresholds” as incorporated by the requirements of paragraph (3) of EASA AD 2023-0199, or within 90 days after the effective date of this AD, whichever occurs later.</P>
                        <P>(4) This AD does not adopt the provisions specified in paragraphs (4) and (5) of EASA AD 2023-0199.</P>
                        <P>(5) This AD does not adopt the “Remarks” section of EASA AD 2023-0199.</P>
                        <P>(6) Where the service information referenced in EASA AD 2023-0199 specifies the compliance time for tasks 282400-G0001-1-C and 282400-P0001-1-C as “24 Months from the Effective Date of the EASA Airworthiness Directive that is expected to be issued to mandate this change, without exceeding the current 29 000 FH”, this AD requires using within 24 months after the effective date of this AD, without exceeding the current 29,000 flight hour interval.</P>
                        <HD SOURCE="HD1">(r) New Provisions for Alternative Actions and Intervals</HD>
                        <P>
                            After the existing maintenance or inspection program has been revised as required by paragraph (p) of this AD, no alternative actions (
                            <E T="03">e.g.,</E>
                             inspections) and intervals are allowed unless they are approved as specified in the provisions of the “Ref. Publications” section of EASA AD 2023-0199.
                        </P>
                        <HD SOURCE="HD1">(s) Additional 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 Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation Branch, mail it to the address identified in paragraph (t)(1) of this AD. Information may be emailed to: 
                            <E T="03">9-AVS-AIR-730-AMOC@faa.gov.</E>
                             Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.
                        </P>
                        <P>
                            (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 Validation 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 2020-0054 that contains RC procedures and tests: Except as required by paragraph (s)(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">(t) Additional Information</HD>
                        <P>
                            (1) For more information about this AD, contact Vladimir Ulyanov, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 206-231-3229; email 
                            <E T="03">Vladimir.ulyanov@faa.gov.</E>
                        </P>
                        <P>(2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (u)(8) of this AD.</P>
                        <HD SOURCE="HD1">(u) 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.</P>
                        <P>(3) The following service information was approved for IBR on July 19, 2024.</P>
                        <P>(i) European Union Aviation Safety Agency (EASA) AD 2023-0199, dated November 17, 2023.</P>
                        <P>(ii) [Reserved]</P>
                        <P>(4) The following service information was approved for IBR on September 27, 2022 (87 FR 51585, August 23, 2022).</P>
                        <P>(i) EASA AD 2021-0248, dated November 15, 2021.</P>
                        <P>(ii) [Reserved]</P>
                        <P>(5) The following service information was approved for IBR on September 3, 2020 (85 FR 45767, July 30, 2020).</P>
                        <P>(i) EASA AD 2020-0054, dated March 11, 2020.</P>
                        <P>(ii) [Reserved]</P>
                        <P>(6) The following service information was approved for IBR on September 5, 2014 (79 FR 44663, August 1, 2014).</P>
                        <P>(i) Airbus Service Bulletin A330-27-3195, Revision 01, dated February 6, 2014.</P>
                        <P>(ii) [Reserved]</P>
                        <P>
                            (7) For EASA AD 2020-0054, EASA AD 2021-0248, and EASA AD 2023-0199, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email 
                            <E T="03">ADs@easa.europa.eu;</E>
                             website 
                            <E T="03">easa.europa.eu.</E>
                             You may find these EASA ADs on the EASA website at 
                            <E T="03">ad.easa.europa.eu.</E>
                        </P>
                        <P>
                            (8) For Airbus service information, contact Airbus SAS, Airworthiness Office—EAL, Rond-Point Emile Dewoitine No: 2, 31700 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 45 80; email 
                            <E T="03">airworthiness.A330-A340@airbus.com;</E>
                             website 
                            <E T="03">airbus.com</E>
                            .
                        </P>
                        <P>(9) You may view this material at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.</P>
                        <P>
                            (10) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations,</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov.</E>
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <PRTPAGE P="50510"/>
                    <DATED>Issued on April 17, 2024.</DATED>
                    <NAME>Victor Wicklund,</NAME>
                    <TITLE>Deputy Director, Compliance &amp; Airworthiness Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13013 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2023-0017; Project Identifier AD-2022-01418-T; Amendment 39-22753; AD 2024-10-07]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; The Boeing Company Airplanes</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is adopting a new airworthiness directive (AD) for all The Boeing Company Model 757 airplanes. This AD was prompted by potential cracks starting in hidden areas underneath the scuff plates in the fuselage skin and bear strap of certain doors. This AD requires a general visual inspection or a maintenance records check for repairs in the areas around the fuselage skin door cutout lower corners of certain doors, applicable on-condition actions, and inspections for airplanes modified to a cargo configuration. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective July 19, 2024.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 19, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2023-0017; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For service information, contact Boeing Commercial Airplanes, Attention: Contractual &amp; Data Services (C&amp;DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; website 
                        <E T="03">myboeingfleet.com</E>
                        .
                    </P>
                    <P>
                        • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2023-0017.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Wayne Ha, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 562-627-5238; email: 
                        <E T="03">wayne.ha@faa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 757 airplanes. The NPRM published in the 
                    <E T="04">Federal Register</E>
                     on January 26, 2023 (88 FR 4920). The NPRM was prompted by the potential for cracks to start in hidden areas underneath the scuff plates in the fuselage skin and bear strap of certain doors. In the NPRM, the FAA proposed to require an inspection or a maintenance records check for repairs in the areas around the fuselage skin door cutout lower corners of certain doors, and applicable on-condition actions. The FAA is issuing this AD to address the unsafe condition on these products.
                </P>
                <P>
                    The FAA issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 757 airplanes. The SNPRM published in the 
                    <E T="04">Federal Register</E>
                     on September 6, 2023 (88 FR 60904). The SNPRM was prompted by additional inspections for Model 757-200 series airplanes that have been modified from a passenger configuration to a cargo configuration under supplemental type certificate (STC) ST04242AT, ST03562AT, or ST03952AT. The SNPRM proposed to require Model 757-200 series airplanes with STC ST04242AT, ST03562AT, or ST03952AT, only the No. 1, No. 2, and No. 4 passenger entry doors, and the No. 1, No. 2, and No. 3 cargo doors, would have to be inspected. The SNPRM proposed to require that for those airplanes, the crew entry door and main deck cargo door, as applicable, would also have to be inspected. The FAA is issuing this AD to address cracks caused by higher fatigue stresses at the fuselage skin door cutout lower corners, which could adversely affect the structural integrity of the airplane.
                </P>
                <HD SOURCE="HD1">Discussion of Final Airworthiness Directive</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>The FAA received comments from an individual commenter, Air Line Pilots Association, International (ALPA), and Boeing, who supported the SNPRM without change.</P>
                <P>The FAA received additional comments from three commenters, FedEx Express, VT Mobile Aerospace Engineering (VT MAE), and United Parcel Service (UPS). The following presents the comments received on the SNPRM and the FAA's response to each comment.</P>
                <HD SOURCE="HD1">Request for Change to Applicability Requirements</HD>
                <P>FedEx stated that it cannot fully comply with paragraph (g)(3) of this proposed AD. FedEx stated it plans to complete the inspect procedures for Group 1, Group 2, and Group 3 aircraft due to multiple door configurations throughout their 757-200 fleet. In addition to Group 1, Group 2, and Group 3 aircraft inspection requirements, FedEx requested the main deck cargo door inspection area from Group 6 aircraft be included for our VT MAE STC ST03562AT converted aircraft. Therefore, FedEx stated it plans to comply with Group 1, Group 2, and Group 3 aircraft inspection requirements and Group 6 main deck cargo door area only.</P>
                <P>The FAA agrees to clarify the requirements. Paragraph (g)(3) of this AD was added to the SNPRM to include the inspections at the main deck cargo door for Model 757-200 series airplanes that have been modified from a passenger to cargo configuration under VT MAE STC ST03562AT or ST03952AT. Paragraph (g)(1) already requires the inspections for Group 1, Group 2, and Group 3 for all airplanes, as applicable. Therefore, this AD captures FedEx's requested change. The FAA has not changed this AD in this regard.</P>
                <HD SOURCE="HD1">Request for Change to Compliance Requirements</HD>
                <P>
                    Two commenters requested that the initial compliance time be extended for certain airplanes. FedEx and VT MAE requested initial inspections for the main deck cargo door (MDCD) start 30,000 flight cycles from installation or 3,000 flight cycles from the original issue date of Boeing Requirements Bulletin 757-53A0119 RB (October 12, 2022). FedEx stated main deck cargo doors were installed during passenger-
                    <PRTPAGE P="50511"/>
                    to-freighter conversion per VT MAE STC ST03562AT. VT MAE noted that for airplanes modified from a passenger to a freighter configuration per VT MAE STC ST03562AT or ST03952AT, the skin and bear strap at the main deck cargo door area is newly installed.
                </P>
                <P>The FAA disagrees because the compliance times specified in this AD address the unsafe condition initiating at all of the affected lower door corner cutouts. In addition, although VT MAE provided data showing the skin and bear strap is newly installed during their passenger to freighter conversion, it did not provide a fatigue test report or a fatigue and damage tolerance analysis to substantiate an alternative inspection threshold to what is required by this AD for the main deck cargo door area. The FAA will consider alternative methods of compliance (AMOCs) for extensions to the compliance times if sufficient FedEx needs to supply additional data is submitted to show the proposed compliance time adequately addresses the unsafe condition at this specific location. The FAA has not changed this AD in this regard.</P>
                <HD SOURCE="HD1">Request Consideration for Damage Tolerance and Allowable Limits</HD>
                <P>UPS requested that paragraph (h)(2) of the proposed AD be revised to change “any existing repair” to “any existing reinforcing repair.”</P>
                <P>UPS also requested that an exception be added in paragraph (h)(4) of the proposed AD to specify “where Boeing Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 2022, uses the phrase “any repair,” this AD requires using “any reinforcing repair.”</P>
                <P>UPS stated that structural repair manual (SRM) procedure 53-00-15-1A-2 allows for dents common to the main and lower cargo door lower scuff plates and the fuselage outer skin to have a maximum depth of 0.010” without further inspection of the underlying skin or repetitive supplemental inspections. Additionally, UPS stated that SRM procedure 53-00-01-1A-1 allows for the fuselage skin to have smooth dents, edge, surface blends up to 15% of any cross-sectional area, and SRM procedure 53-00-01-2R-6 allows for rivet plugging of lightning-strike or small-hole damage. UPS stated that rivet plugs using solid rivets are noted as a category A repair with no supplemental inspections. UPS stated that the repairs within the SRM allowable limits and small damage repair do not appreciably affect damage tolerance of the fuselage skin at the door cutouts and surrounding structure. Furthermore, UPS noted the potential for non-reinforcing repairs (dents, blends, etc.) that are beyond SRM-allowable limits but approved by Boeing authorization to remain with no supplemental inspections. UPS considered the intent of the general visual inspection (GVI) or maintenance records review is to identify and report existing reinforcing repairs that may affect damage tolerance of the fuselage skin.</P>
                <P>The FAA disagrees. The unsafe condition identified in this AD has an impact on the damage tolerance of all repairs in the affected areas. These repairs need to be evaluated in conjunction with the unsafe condition identified in this AD to determine whether they still provide an acceptable level of safety. The FAA has not changed this AD in this regard.</P>
                <HD SOURCE="HD1">Conclusion</HD>
                <P>The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, and any other changes described previously, this AD is adopted as proposed in the SNPRM. None of the changes will increase the economic burden on any operator.</P>
                <HD SOURCE="HD1">Related Service Information Under 1 CFR Part 51</HD>
                <P>The FAA reviewed Boeing Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 2022. This service information specifies procedures for either a general visual inspection or a maintenance records check for repairs in the areas around the fuselage skin door cutout lower corners of the No. 1, No. 2, and No. 4 passenger entry doors; crew entry door; No. 1, No. 2, and No. 3 cargo doors; and main deck cargo door; and applicable on-condition actions, including repetitive low frequency and high frequency eddy current inspections for cracks in the skin or bear strap in the unrepaired areas, and crack repair.</P>
                <P>
                    This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in 
                    <E T="02">ADDRESSES</E>
                    .
                </P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD affects 482 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:</P>
                <GPOTABLE COLS="5" OPTS="L2,i1" CDEF="s50,r50,10C,12C,12C">
                    <TTITLE>Estimated Costs</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">
                            Cost per
                            <LI>product</LI>
                        </CHED>
                        <CHED H="1">
                            Cost on U.S.
                            <LI>operators</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">General visual inspection for repairs</ENT>
                        <ENT>1 work-hour × $85 per hour = $85</ENT>
                        <ENT>$0</ENT>
                        <ENT>$85</ENT>
                        <ENT>$40,970</ENT>
                    </ROW>
                </GPOTABLE>
                <P>The FAA estimates the following costs to do any necessary on-condition actions that would be required based on the results of the proposed inspection. The agency has no way of determining the number of airplanes that might need these on-condition actions:</P>
                <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s50,r100,10C,r50">
                    <TTITLE>On-Condition Costs</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">Cost per product</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Inspections for cracks</ENT>
                        <ENT>Up to 27 work-hours × $85 per hour = Up to $2,295 per inspection cycle</ENT>
                        <ENT>$0</ENT>
                        <ENT>Up to $2,295 per inspection cycle.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>
                    The extent of cracking found during the on-condition inspection could vary significantly from airplane to airplane. The FAA has no way of determining the extent of cracking that may be found on each airplane, the cost to repair the cracking on each airplane, or the number of airplanes that may require repair.
                    <PRTPAGE P="50512"/>
                </P>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
                <P>The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Will not affect intrastate aviation in Alaska, and</P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>49 U.S.C. 106(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:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2024-10-07 The Boeing Company:</E>
                             Amendment 39-22753; Docket No. FAA-2023-0017; Project Identifier AD-2022-01418-T.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective July 19, 2024.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>None.</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>(1) This AD applies to all The Boeing Company Model 757-200, -200PF, -200CB, and -300 series airplanes, certificated in any category.</P>
                        <P>(2) Installation of Supplemental Type Certificate (STC) ST01518SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01518SE is installed, a “change in product” alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17.</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Air Transport Association (ATA) of America Code 53, Fuselage.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by the potential for cracks to start in hidden areas underneath the scuff plates in the fuselage skin and bear strap of certain doors. The FAA is issuing this AD to address cracks caused by higher fatigue stresses at the fuselage skin door cutout lower corners. This unsafe condition, if not addressed, could adversely affect the structural integrity of the airplane.</P>
                        <HD SOURCE="HD1">(f) Compliance</HD>
                        <P>Comply with this AD within the compliance times specified, unless already done.</P>
                        <HD SOURCE="HD1">(g) Required Actions</HD>
                        <P>(1) For all airplanes: Except as specified by paragraph (h) of this AD, at the applicable times specified in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 2022, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 2022.</P>
                        <P>(2) For Model 757-200 series airplanes that have been modified from a passenger to cargo configuration under VT Mobile Aerospace Engineering (VT MAE) STC ST04242AT: Except as specified by paragraph (h) of this AD, at the applicable times specified in Table 4 and Table 5 of the “Compliance” paragraph of Boeing Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 2022, do all applicable actions for Group 4 identified in, and in accordance with, Table 4 and Table 5 of the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 2022.</P>
                        <P>(3) For Model 757-200 series airplanes that have been modified from a passenger to cargo configuration under VT MAE STC ST03562AT or ST03952AT: Except as specified by paragraph (h) of this AD, at the applicable times specified in Table 5 of the “Compliance” paragraph of Boeing Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 2022, do all applicable actions for Group 6 identified in, and in accordance with, Table 5 of the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 2022.</P>
                        <NOTE>
                            <HD SOURCE="HED">Note 1 to paragraph (g):</HD>
                            <P>Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 757-53A0119, dated October 12, 2022, which is referred to in Boeing Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 2022.</P>
                        </NOTE>
                        <HD SOURCE="HD1">(h) Exceptions to Service Information Specifications</HD>
                        <P>(1) Where the Compliance Time columns of the tables in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 2022, use the phrase “the original issue date of Requirements Bulletin 757-53A0119 RB,” this AD requires using “the effective date of this AD.”</P>
                        <P>(2) Where Boeing Alert Requirements Bulletin 757-53A0119RB, dated October 12, 2022, specifies performing a general visual inspection (GVI) or a maintenance records check for any existing repair, if only a maintenance records check is accomplished with no GVI, then any initial high frequency eddy current (HFEC) or low frequency eddy current (LFEC) inspection with a compliance time of before further flight must be done prior to the accumulation of 30,000 total flight cycles, or within 3,000 flight cycles after the effective date of this AD, whichever occurs later.</P>
                        <P>(3) Where Boeing Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 2022, specifies contacting Boeing for repair instructions or for alternative inspections: This AD requires doing the repair, or doing the alternative inspections and applicable on-condition actions, before further flight using a method approved in accordance with the procedures specified in paragraph (i) of this AD.</P>
                        <HD SOURCE="HD1">(i) Alternative Methods of Compliance (AMOCs)</HD>
                        <P>
                            (1) The Manager, AIR-520, Continued Operational Safety Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the Continued Operational Safety Branch, send it to the attention of the person identified in paragraph (j) of this AD. Information may be emailed to: 
                            <E T="03">AMOC@faa.gov.</E>
                        </P>
                        <P>(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.</P>
                        <P>
                            (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization 
                            <PRTPAGE P="50513"/>
                            (ODA) that has been authorized by the Manager, AIR-520, Continued Operational Safety Branch, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD.
                        </P>
                        <HD SOURCE="HD1">(j) Related Information</HD>
                        <P>
                            (1) For more information about this AD, contact Wayne Ha, Aviation Safety Engineer, FAA, 2200 South 216th Street, Des Moines, WA 98198; phone: 562-627-5238; email: 
                            <E T="03">wayne.ha@faa.gov.</E>
                        </P>
                        <P>(2) Service information identified in this AD that is not incorporated by reference is available at the address specified in paragraph (k)(3) of this AD.</P>
                        <HD SOURCE="HD1">(k) Material Incorporated by Reference</HD>
                        <P>(1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
                        <P>(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
                        <P>(i) Boeing Alert Requirements Bulletin 757-53A0119 RB, dated October 12, 2022.</P>
                        <P>(ii) [Reserved]</P>
                        <P>
                            (3) For service information, contact Boeing Commercial Airplanes, Attention: Contractual &amp; Data Services (C&amp;DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; website 
                            <E T="03">myboeingfleet.com.</E>
                        </P>
                        <P>(4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.</P>
                        <P>
                            (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations.html</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov.</E>
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued on May 14, 2024.</DATED>
                    <NAME>James D. Foltz,</NAME>
                    <TITLE>Deputy Director, Compliance &amp; Airworthiness Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13015 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 39</CFR>
                <DEPDOC>[Docket No. FAA-2023-2003; Project Identifier AD-2022-01620-T; Amendment 39-22750; AD 2024-10-05]</DEPDOC>
                <RIN>RIN 2120-AA64</RIN>
                <SUBJECT>Airworthiness Directives; The Boeing Company Airplanes</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The FAA is adopting a new airworthiness directive (AD) for certain The Boeing Company Model 757 airplanes. This AD was prompted by reports of operators finding frequent and severe damage to the blowout vent grilles throughout the lower lobe cargo compartment. This AD requires repetitive detailed inspections of certain decompression panels and pressure equalization valves, as applicable, in the forward and aft lower lobe cargo compartments for damage, and applicable on-condition actions. For certain airplanes, this AD also requires installation of decompression panels with billet grilles. For other certain airplanes, this AD also requires replacement of a certain soft bulkhead with a rigid bulkhead. For certain other airplanes, this AD requires installation of doublers to a certain bulkhead assembly panel. The FAA is issuing this AD to address the unsafe condition on these products.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This AD is effective July 19, 2024.</P>
                    <P>The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of July 19, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">AD Docket:</E>
                         You may examine the AD docket at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2023-2003; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, any comments received, and other information. The address for Docket Operations is U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 20590.
                    </P>
                    <P>
                        <E T="03">Material Incorporated by Reference:</E>
                    </P>
                    <P>
                        • For service information, contact Boeing Commercial Airplanes, Attention: Contractual &amp; Data Services (C&amp;DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; website 
                        <E T="03">myboeingfleet.com</E>
                        .
                    </P>
                    <P>
                        • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195. It is also available at 
                        <E T="03">regulations.gov</E>
                         under Docket No. FAA-2023-2003.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Katherine Venegas, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone: 562-627-5353; email: 
                        <E T="03">Katherine.Venegas@faa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 757 airplanes. The NPRM published in the 
                    <E T="04">Federal Register</E>
                     on October 26, 2023 (88 FR 73543). The NPRM was prompted by reports of operators finding frequent and severe damage to the blowout vent grilles throughout the lower lobe cargo compartment. In the NPRM, the FAA proposed to require repetitive detailed inspections of certain decompression panels and pressure equalization valves, as applicable, in the forward and aft lower lobe cargo compartments for damage, and applicable on-condition actions. For certain airplanes, the FAA proposed to require replacement of a certain soft bulkhead with a rigid bulkhead. For certain other airplanes, the FAA proposed to require installation of doublers to a certain bulkhead assembly panel. The FAA is issuing this AD to address damage to the blowout vent grilles in the forward and aft lower lobe cargo compartments that could lead to latent failure of the decompression panels and pressure equalization valves. This latent failure, in combination with a fire, could make the cargo fire protection, detection, suppression, and containment system ineffective. Also, this latent failure, in combination with rapid decompression of the airplane, could prevent activation of the station (STA) 1640 decompression panels, which could damage the STA 1640 floor beam and cause loss of hydraulic systems components and flight control and damage to the auxiliary power unit (APU) fuel line. This unsafe condition, if not addressed, could result in the inability of the flightcrew to maintain safe flight and landing.
                </P>
                <HD SOURCE="HD1">Discussion of Final Airworthiness Directive</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>
                    The FAA received a comment from Air Line Pilots Association, International who supported the NPRM without change. The FAA received additional comments from Airlines for America (A4A), Aviation Partners Boeing, Boeing, Delta Air Lines, European Air Transport Leipzig GmbH, FedEx Express, United Airlines, and United Parcel Service (UPS) Airlines. The following presents the comments 
                    <PRTPAGE P="50514"/>
                    received on the NPRM and the FAA's response to each comment.
                </P>
                <HD SOURCE="HD1">Effect of Winglets on Accomplishment of the Proposed Actions</HD>
                <P>Aviation Partners Boeing stated that the installation of winglets per Supplemental Type Certificate (STC) ST01518SE does not affect the accomplishment of the manufacturer's service instructions.</P>
                <P>The FAA agrees with the commenter that STC ST01518SE does not affect the accomplishment of the manufacturer's service instructions. Therefore, the installation of STC ST01518SE does not affect the ability to accomplish the actions required by this AD. The FAA has not changed this AD in this regard.</P>
                <HD SOURCE="HD1">Request To Correct Typographical Error</HD>
                <P>Boeing requested that the word “grill” be replaced with “grille” throughout the NPRM. Boeing stated grille is consistent with the service information and is the accurate spelling, which means a screen of metal bars or wires placed in front of something as protection or to allow ventilation.</P>
                <P>The FAA agrees with the change and has revised this final rule accordingly.</P>
                <HD SOURCE="HD1">Request To Clarify the Service History, Unsafe Condition, and Required Actions</HD>
                <P>Boeing requested the NPRM be revised to clarify the service history, unsafe condition, and required actions. Regarding the service history, Boeing clarified that reported damage was not limited to the STA 1640 soft bulkhead lining only; operators reported finding damage on the decompression panels throughout the lower lobe cargo compartment. Boeing also clarified that undetected damage in combination with a cargo compartment fire or rapid depressurization could prevent continued safe flight and landing. Boeing stated that damaged lower lobe decompression panels can diminish the capabilities of the cargo fire protection, detection, suppression, and containment system. Boeing further stated failure of a decompression panel at STA 1640 in combination with a decompression event could cause damage to the bulkhead components including hydraulic systems, flight control functions, and the APU fuel line. Regarding the required actions, Boeing clarified that required actions include, at a minimum, repetitive inspections of lower lobe decompression panels, installation of protective grilles, and for certain airplanes installation of a rigid bulkhead. Boeing is requesting these changes to improve accuracy and consistency with the service information.</P>
                <P>The FAA agrees to clarify the service history, required actions, and unsafe condition in this final rule: The FAA revised the Summary, Background, and Unsafe Condition paragraphs of this final rule to clarify that operators found frequent and severe damage to the blowout vent grilles throughout the lower lobe cargo compartment. The FAA also revised the Background and Unsafe Condition paragraphs of this final rule to clarify that failure of a STA 1640 decompression panel in combination with rapid decompression of the airplane could also cause damage APU fuel line. Further, the FAA revised the Summary and Related Service Information Under 1 CFR part 51 paragraphs to clarify that this final rule requires, for certain airplanes, installation of decompression panels with billet grilles on the bulkheads and sidewalls of the forward and aft lower lobe cargo compartments and installation of decompression panels on the ceilings of the forward and aft lower lobe cargo compartments. In the NPRM, the FAA included the cost of installing the decompression panels with the inspection cost. Therefore, the FAA has revised the estimated costs in this final rule by breaking out those costs as separate line items.</P>
                <HD SOURCE="HD1">Request To Exclude Cargo/Freighter Airplanes From the NPRM</HD>
                <P>A4A, FedEx Express, and UPS Airlines requested that cargo/freighter airplanes be excluded from the applicability of the NPRM. The commenters stated cargo operators experience different in-service issues than passenger operators because cargo operators have lower flight hour and flight cycle utilization rates and generally ship smaller and lighter packages in the lower cargo area. The commenters also stated they possess historical data and operational experience that support excluding cargo/freighter airplanes. A4A stated its affected members (Delta Air Lines, FedEx Express, United Airlines, and UPS Airlines) have recorded and documented only insignificant damage to the subject area. Specifically, FedEx reviewed the maintenance data of its Boeing Model 757 fleet over a 15-year period and stated it did not find a single report of a malfunction or damage that would diminish the capabilities of the forward and aft cargo fire protection, detection, suppression, or containment system. UPS Airlines also reviewed its Boeing Model 757 fleet records since 1987 and found 26 grille replacements across all 300 locations. The commenters added that Boeing fleet team digest 757-FTD-25-19003 stated the following: “At this time no incidents have been reported on a latent failure to a decompression panel failing to open or having diminished performance during a rapid decompression event. There have also been no reports of a dislodged decompression panel resulting in diminished functionality of the fire containment, detection or suppression systems.”</P>
                <P>UPS Airlines stated the risk assessment of the unsafe condition included impacts to fire suppression in the lower cargo components, which does not affect its fleet of Boeing Model 757-200PF airplanes because that airplane model was certified with Class E cargo compartments without fire suppression. For this reason, UPS Airlines concluded that damage to the protective grilles on its freighter airplanes (Group 6 in the service information) will not have the same impact as damage to passenger airplanes. UPS Airlines further stated its freighter airplanes do not have decompression panels at the STA 1640 bulkhead and do not require reinforcement according to the service information. UPS Airlines therefore concluded any risk associated with damage to the STA 1640 floor beam and adjacent flight controls and hydraulic systems would not affect its fleet.</P>
                <P>The FAA does not agree to exclude cargo/freighter airplanes from the applicability of this AD. The FAA acknowledges cargo operators have different in-service issues than passenger operators, and that cargo operators may have lower utilization rates and different cargo contents. However, the manufacturer evaluated all type design configurations including passenger, freighter, and converted freighter airplanes, and the data available indicated similar damage for containerized cargo and bulk cargo. Sufficient data was not submitted by the commenters to substantiate that excluding cargo airplanes would provide an acceptable level of safety. However, under the provisions of paragraph (i) of this AD, the FAA will consider requests for approval of alternative actions and compliance times if sufficient data are submitted to substantiate that the change would provide an acceptable level of safety.</P>
                <HD SOURCE="HD1">Request To Require Repetitive Inspection Instead of Modification</HD>
                <P>
                    A4A, FedEx Express, and UPS Airlines requested that a repetitive inspection program be implemented for cargo/freighter airplanes instead of the 
                    <PRTPAGE P="50515"/>
                    proposed modification (
                    <E T="03">i.e.,</E>
                     replacement of protective grilles with new billet grilles) if these airplanes are not excluded from the applicability of the NPRM. A4A also made the same request for passenger-carrying airplanes. United Airlines and Delta Air Lines similarly requested the NPRM be revised to require only initial and repetitive inspections in lieu of modification. As justification, United Airlines stated they have communicated with other affected operators who have indicated similar operating experience of limited or no damage that would indicate decompression valve failure, and their concern that parts will not be available to accomplish the modification within the proposed compliance time. Delta Air Lines stated repetitive inspections in lieu of modification would allow operators the necessary flexibility to obtain the required materials and would continue to ensure the integrity of the decompression panels and valves to address the safety concern.
                </P>
                <P>A4A stated that automatic removal of certain existing grilles would be a burden on operators without additional safety benefits. A4A justified a repetitive inspection program over modification because an inspection program would allow all operators to use their existing maintenance programs to identify any potential damage and repair prior to flight. In addition, FedEx Express stated its employees who load/unload cargo perform pre- and post-flight checks of the lower cargo decks, and that any damage found would be repaired prior to flight. FedEx Express also stated, as part of its maintenance program, a visual inspection of the panels is performed every 7 days. FedEx stated that the service information underestimates the number of work-hours required to perform the modification. FedEx also noted the modification would cost over $14.7 million, and that does not include the cost to replace/repair damaged panels. United Airlines stated the modification would cost $1.8 million, which does not include the cost of removing airplanes from service.</P>
                <P>UPS Airlines objected to the proposed replacement of existing protective grilles with a new billet grille regardless of inspection findings, due to the historical data and documentation of insignificant damage found (as discussed previously). The commenter concluded, if no damage is found during the proposed inspections, then the grilles are structurally and functionally acceptable for operating conditions as certified. In addition, the commenter stated general visual zonal inspections during maintenance program checks, coupled with pre- and post-flight inspections, will adequately address any protective grille damage on an attrition basis. The commenter stated replacement of undamaged grilles is an unnecessary burden on operator resources and provides no operational or safety benefits, especially for the Boeing Model 757-200PF.</P>
                <P>The FAA does not agree to allow implementation of a repetitive inspection program for cargo- or passenger-carrying airplanes instead of the modification. The FAA considered more frequent and repetitive inspections and evaluated an interval of 750 flight hours. However, the FAA considered this interval to be an unacceptable burden to operators. The FAA determined that those inspections would be intrusive and could cause further damage. The installation of protective grilles with the billet design is necessary to address the unsafe condition. There is not sufficient data to substantiate that repetitive inspections alone would provide an acceptable level of safety. However, under the provisions of paragraph (i) of this AD, the FAA will consider requests for approval of alternative actions and compliance times if sufficient data are submitted to substantiate that the change would provide an acceptable level of safety.</P>
                <P>Regarding the comments on the costs, the FAA acknowledges the commenters' concerns about the cost of the modification. The manufacturer provided its best estimate of the number of work hours necessary to do the required actions. Additionally, the FAA notes that the cost analysis in AD rulemaking actions typically includes only the costs associated with complying with the AD, which does not include indirect or incidental costs such as down-time and loss of revenue or the time necessary for planning or other administrative actions. Those incidental or indirect costs might vary significantly among operators.</P>
                <HD SOURCE="HD1">Request To Extend the Compliance Time for Passenger Airplanes</HD>
                <P>A4A requested the NPRM be revised to extend the compliance time for the initial inspection of the decompression panels and modification to 36-48 months for passenger-carrying airplanes if the FAA finds a repetitive inspection program unacceptable. United Airlines also requested the compliance time for the modification be extended to 36-48 months. Delta Air Lines requested the compliance time for the initial inspection and modification be extended to within 9,000 flight hours or 36 months after the effective date of the AD. The commenters stated an extension would give the supplier sufficient time to provide the needed parts to operators and allow operators to accomplish the requirements of the proposed AD within their normal maintenance schedule during a heavy maintenance visit, reducing impact to their operations.</P>
                <P>The FAA does not agree to extend the compliance time for passenger-carrying airplanes. In developing an appropriate compliance time for this action, the FAA considered the recommendations of the manufacturer, the urgency associated with the subject unsafe condition, the availability of required parts, and the practical aspect of accomplishing the required modification within a period of time that corresponds to the normal scheduled maintenance for most affected operators. In consideration of these items, as well as the reports of damage to grilles and panels, the FAA determined that the initial compliance time of 5,425 flight hours or 16 months, whichever occurs first, will ensure an acceptable level of safety. Under the provisions of paragraph (i) of this AD, the FAA will consider requests for approval of an extension of the compliance time if sufficient data are submitted to substantiate that new compliance time would provide an acceptable level of safety.</P>
                <HD SOURCE="HD1">Request To Extend the Compliance Time for Certain Cargo Airplanes</HD>
                <P>
                    UPS Airlines requested the NPRM be revised to extend the compliance time for the initial inspection of the decompression panels to within 9,000 flight hours or 36 months after the effective date of the AD, whichever occurs first, for Boeing Model 757-200PF airplanes (Group 6 in the service information), if the FAA finds a repetitive inspection program unacceptable. The commenter noted that the service information states damage could be caused by repeated loading and unloading of the compartments. The commenter stated cargo operators fly significantly less hours and cycles than passenger aircraft resulting in a proportional decrease in risk associated with damage to the decompression panels, and that the commenter's affected fleet of Boeing Model 757-200PF airplanes currently averages 943 flight hours and 576 flight cycles per year. Based on this data, the commenter concluded it would take about 69 months for its fleet to reach the proposed initial inspection threshold of 5,425 flight hours, and that the proposed flight hour limits are not proportional to the proposed calendar times. The commenter also noted that 
                    <PRTPAGE P="50516"/>
                    the proposed repetitive inspection increases to 9,000 flight hours (114 months based on its fleet utilization) or 26 months, whichever occurs first. The commenter stated that, if a repetitive interval of 26 months is adequate to ensure continued airworthiness, then an initial compliance of 16 months is overly conservative for a fleet that has been operating for more than 35 years without a decompression panel failure because of damage.
                </P>
                <P>The FAA agrees to extend the compliance time to within 9,000 flight hours or 36 months after the effective date of this AD, whichever occurs first, for Boeing Model 757-200PF airplanes only. The FAA acknowledges cargo operators have different in-service issues than passenger operators, and cargo operators may have lower utilization rates. Considering that cargo operators fly less hours and cycles than passenger aircraft, the FAA has determined the equivalent flight hour and calendar compliance time can be extended to 9,000 flight hours and 36 months for cargo/freighter operators and still ensure an acceptable level of safety. Therefore, the FAA has added an exception to paragraph (h) of this AD to revise the compliance time to within 9,000 flight hours or within 36 months after the effective date of this AD, whichever occurs first, for Group 6 airplanes.</P>
                <HD SOURCE="HD1">Request To Extend the Compliance Time to 36-48 Months for All Cargo Airplanes</HD>
                <P>A4A, FedEx Express, and European Air Transport Leipzig GmbH, on behalf of DHL Express, requested the NPRM be revised to extend the initial compliance time. FedEx Express requested the compliance time for the initial inspection of the decompression panels and modification be extended to 36-48 months for cargo/freight airplanes if the FAA finds a repetitive inspection program unacceptable. European Air Transport Leipzig GmbH, on behalf of DHL Express, requested the 16-month compliance time be extended to 48 months (and the respective 16,275 flight hours) from the effective of the AD. The commenters stated an extension would give the supplier sufficient time to provide the needed parts to operators and allow operators to accomplish the requirements of the proposed AD within their normal maintenance schedule during a heavy maintenance visit, reducing impact to their operations.</P>
                <P>The FAA partially agrees. The FAA does not agree to extend the initial compliance time to 48 months for cargo/freight airplanes, but the FAA agrees to extend the compliance time to 36 months. For the reasons discussed previously, the FAA has added exceptions to paragraph (h) of this AD to extend the compliance time to within 9,000 flight hours or within 36 months after the effective date of this AD, whichever occurs first, for Groups 1, 2, and 4 airplanes that have been converted from a passenger to freighter configuration in accordance with VT Mobile Aerospace Engineering (MAE) Inc. STC ST04242AT or STC ST03562AT or Precision Conversions LLC STC ST01529SE, and for Group 6 airplanes. Under the provisions of paragraph (i) of this AD, the FAA will consider requests for approval of an extension of the compliance time if sufficient data are submitted to substantiate that new compliance time would provide an acceptable level of safety.</P>
                <HD SOURCE="HD1">Request To Revise Corrective Action</HD>
                <P>UPS Airlines requested the FAA revise the NPRM to allow operators the option of installing either serviceable protective grilles or billet grilles. UPS Airlines objected to the proposed replacement of existing protective grilles with a new billet grille regardless of inspection findings, due to the historical data and documentation of insignificant damage found (as discussed previously). The commenter concluded, if no damage is found during the proposed inspections, then the grilles are structurally and functionally acceptable for operating conditions as certified. In addition, the commenter stated that the supplier does not have the necessary billet grilles in stock to support inspection of two of its Model 757-200PF airplanes, and the parts supplier has not provided a completion date for the remaining parts. Based on this, the commenter believes supplier cannot adequately support the parts needed for the affected worldwide fleet to meet the proposed compliance time.</P>
                <P>The FAA does not agree to allow the installation of serviceable protective grilles instead of billet grilles. The FAA acknowledges freighter configuration airplanes are constructed and operated differently than passenger configuration, and that their contents also differ. However, the FAA has determined that the installation of protective grilles with the billet design is necessary to address the unsafe condition. There is not sufficient data to substantiate that the installation of a serviceable protective grille would correct the unsafe condition. The FAA notes that, as discussed previously, the compliance time for cargo operators to accomplish the initial inspections and replacements has been extended in this final rule. Additionally, under the provisions of paragraph (i) of this AD, the FAA will consider requests for approval of alternative actions and compliance times if sufficient data are submitted to substantiate that the change would provide an acceptable level of safety.</P>
                <HD SOURCE="HD1">Request To Add Additional Requirement for Group 3 Airplanes</HD>
                <P>Delta Air Lines requested that an exception be added to the NPRM requiring installation of decompression panels with billet grilles on the bulkheads and sidewall of the forward and aft lower lobe cargo compartments of Group 3 airplanes before further flight. The commenter compared the actions in table 4, condition 8, for Group 3 airplanes and table 6, condition 12, for Group 5 airplanes, and noted table 6 requires installation of decompression panels with billet grilles but table 4 does not. The commenter believes the installation should be required for both airplane groups.</P>
                <P>The FAA does not agree to revise this final rule. Group 3 airplanes are Boeing Model 757-300 airplanes that already have decompression panels with billet grilles installed per type design.</P>
                <HD SOURCE="HD1">Request To Revise Part Marking Requirement</HD>
                <P>Delta Air Lines requested that an exception be added to the NPRM stating, where certain figures require parts to be marked with the service bulletin number, part marking is only required if not previously marked. The commenter believes the figures that require part marking apply to the initial and repetitive actions. Based on this, the commenter stated the parts would need to be marked every time, even if they were previously marked.</P>
                <P>The FAA does not agree to revise this final rule. The figures that specify marking the part with the service bulletin number are only listed as a method of compliance for the installation of panels with billet grilles. Those figures are not listed as a method of compliance for the repetitive actions.</P>
                <HD SOURCE="HD1">Conclusion</HD>
                <P>
                    The FAA reviewed the relevant data, considered any comments received, and determined that air safety requires adopting this AD as proposed. Accordingly, the FAA is issuing this AD to address the unsafe condition on these products. Except for minor editorial changes, and any other changes described previously, this AD is adopted as proposed in the NPRM. None of the changes will increase the economic burden on any operator.
                    <PRTPAGE P="50517"/>
                </P>
                <HD SOURCE="HD1">Related Service Information Under 1 CFR Part 51</HD>
                <P>The FAA reviewed Boeing Alert Requirements Bulletin 757-25A0319 RB, dated March 24, 2023. This service information specifies procedures for repetitive detailed inspections of certain bulkhead (including STA 1640), sidewall, ceiling, and E5 EE rack decompression panels, and pressure equalization valves on certain airplanes, in the forward and aft lower lobe cargo compartments for damage; and applicable on-condition actions. On-condition actions include repair or replacement of any damaged decompression panels or pressure equalization valves. For certain airplanes, the service information specifies procedures for installing decompression panels with billet grilles on the bulkheads and sidewalls of the forward and aft lower lobe cargo compartments and installing decompression panels on the ceilings of the forward and aft lower lobe cargo compartments, as applicable. For other certain airplanes, this service information also specifies procedures for replacing the soft bulkhead at STA 1640 with a rigid bulkhead having decompression panels with billet grilles. For certain other airplanes, this service information specifies procedures for installing doublers to the bulkhead assembly panel at STA 1640.</P>
                <P>
                    This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the 
                    <E T="02">ADDRESSES</E>
                     section.
                </P>
                <HD SOURCE="HD1">Costs of Compliance</HD>
                <P>The FAA estimates that this AD affects 489 airplanes of U.S. registry. The FAA estimates the following costs to comply with this AD:</P>
                <GPOTABLE COLS="5" OPTS="L2,nj,i1" CDEF="s50,r50,xs66,r40,r40">
                    <TTITLE>Estimated Costs</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">Cost per product</CHED>
                        <CHED H="1">Cost on U.S. operators</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Detailed Inspection</ENT>
                        <ENT>Up to 9 work-hours × $85 per hour = $765 per inspection cycle</ENT>
                        <ENT>$0</ENT>
                        <ENT>Up to $765 per inspection cycle</ENT>
                        <ENT>Up to $374,085 per inspection cycle.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Installation of decompression panels (465 airplanes)</ENT>
                        <ENT>Up to 12 work-hours × $85 per hour = $1,020</ENT>
                        <ENT>Up to 22,460</ENT>
                        <ENT>Up to 23,480</ENT>
                        <ENT>Up to 10,918,200.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Replacement of soft bulkhead (100 airplanes)</ENT>
                        <ENT>10 work-hours × $85 per hour = $850</ENT>
                        <ENT>108,240</ENT>
                        <ENT>109,090</ENT>
                        <ENT>$10,909,000.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Installation of doublers (7 airplanes)</ENT>
                        <ENT>2 work-hours × $85 per hour = $170</ENT>
                        <ENT>1,760</ENT>
                        <ENT>1,930</ENT>
                        <ENT>13,510.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>The FAA estimates the following costs to do any necessary repair or replacement based on the results of the required inspection. The agency has no way of determining the number of aircraft that might need this repair or replacement:</P>
                <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s50,r100,12,12">
                    <TTITLE>On-Condition Costs</TTITLE>
                    <BOXHD>
                        <CHED H="1">Action</CHED>
                        <CHED H="1">Labor cost</CHED>
                        <CHED H="1">Parts cost</CHED>
                        <CHED H="1">
                            Cost per
                            <LI>product</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Repair</ENT>
                        <ENT>12 work-hours × $85 per hour = $1,020</ENT>
                        <ENT>$54,120</ENT>
                        <ENT>$55,140</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Replacement</ENT>
                        <ENT>12 work-hour × $85 per hour = $1,020</ENT>
                        <ENT>108,240</ENT>
                        <ENT>109,260</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>Title 49 of the United States Code specifies the FAA's authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency's authority.</P>
                <P>The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action.</P>
                <HD SOURCE="HD1">Regulatory Findings</HD>
                <P>This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
                <P>For the reasons discussed above, I certify that this AD:</P>
                <P>(1) Is not a “significant regulatory action” under Executive Order 12866,</P>
                <P>(2) Will not affect intrastate aviation in Alaska, and</P>
                <P>(3) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 39</HD>
                    <P>Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 39—AIRWORTHINESS DIRECTIVES</HD>
                </PART>
                <REGTEXT TITLE="14" PART="39">
                    <AMDPAR>1. The authority citation for part 39 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 49 U.S.C. 106(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:</AMDPAR>
                    <EXTRACT>
                        <FP SOURCE="FP-2">
                            <E T="04">2024-10-05 The Boeing Company:</E>
                             Amendment 39-22750; Docket No. 
                            <PRTPAGE P="50518"/>
                            FAA-2023-2003; Project Identifier AD-2022-01620-T.
                        </FP>
                        <HD SOURCE="HD1">(a) Effective Date</HD>
                        <P>This airworthiness directive (AD) is effective July 19, 2024.</P>
                        <HD SOURCE="HD1">(b) Affected ADs</HD>
                        <P>None.</P>
                        <HD SOURCE="HD1">(c) Applicability</HD>
                        <P>This AD applies to The Boeing Company Model 757-200, -200PF, -200CB, and -300 series airplanes, certificated in any category, as identified in Boeing Alert Requirements Bulletin 757-25A0319 RB, dated March 24, 2023.</P>
                        <HD SOURCE="HD1">(d) Subject</HD>
                        <P>Air Transport Association (ATA) of America Code 25, Equipment/Furnishings.</P>
                        <HD SOURCE="HD1">(e) Unsafe Condition</HD>
                        <P>This AD was prompted by reports that operators have found, on multiple aircraft, frequent and severe damage to the blowout vent grilles throughout the lower lobe cargo compartment. The FAA is issuing this AD to address damage to the blowout vent grilles in the forward and aft lower lobe cargo compartments that could lead to latent failure of the decompression panels and pressure equalization valves. This latent failure, in combination with a fire, could make the cargo fire protection, detection, suppression, and containment system ineffective. Also, this latent failure, in combination with rapid decompression of the airplane, could prevent activation of the station (STA) 1640 decompression panels, which could damage the STA 1640 floor beam and cause loss of hydraulic systems components and flight control and damage to the auxiliary power unit (APU) fuel line. This unsafe condition, if not addressed, could result in the inability of the flightcrew to maintain safe flight and landing.</P>
                        <HD SOURCE="HD1">(f) Compliance</HD>
                        <P>Comply with this AD within the compliance times specified, unless already done.</P>
                        <HD SOURCE="HD1">(g) Required Actions</HD>
                        <P>Except as specified by paragraph (h) of this AD: At the applicable times specified in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 757-25A0319 RB, dated March 24, 2023, do all applicable actions identified in, and in accordance with, the Accomplishment Instructions of Boeing Alert Requirements Bulletin 757-25A0319 RB, dated March 24, 2023.</P>
                        <NOTE>
                            <HD SOURCE="HED">Note 1 to paragraph (g):</HD>
                            <P> Guidance for accomplishing the actions required by this AD can be found in Boeing Alert Service Bulletin 757-25A0319, dated March 24, 2023, which is referred to in Boeing Alert Requirements Bulletin 757-25A0319 RB, dated March 24, 2023.</P>
                        </NOTE>
                        <HD SOURCE="HD1">(h) Exceptions to Service Information Specifications</HD>
                        <P>(1) For all airplanes: Where the Compliance Time columns of the tables in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 757-25A0319 RB, dated March 24, 2023, refer to the original issue date of Requirements Bulletin 757-25A0319 RB, this AD requires using the effective date of this AD.</P>
                        <P>(2) For Groups 1, 2, and 4 airplanes identified in Boeing Alert Requirements Bulletin 757-25A0319 RB, dated March 24, 2023, that have been converted from a passenger to freighter configuration in accordance with VT Mobile Aerospace Engineering (MAE) Inc. Supplemental Type Certificate (STC) ST04242AT or STC ST03562AT or Precision Conversions LLC STC ST01529SE: Where the Compliance Time columns of tables 1, 2, 3, and 5 in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 757-25A0319 RB, dated March 24, 2023, specify “Within 5,425 Flight Hours” and “Within 16 months,” this AD requires replacing that text with “Within 9,000 Flight Hours” and “Within 36 months,” respectively.</P>
                        <P>(3) For Group 6 airplanes identified in Boeing Alert Requirements Bulletin 757-25A0319 RB, dated March 24, 2023: Where the Compliance Time column of table 7 in the “Compliance” paragraph of Boeing Alert Requirements Bulletin 757-25A0319 RB, dated March 24, 2023, specifies “Within 5,425 Flight Hours” and “Within 16 months,” this AD requires replacing that text with “Within 9,000 Flight Hours” and “Within 36 months,” respectively.</P>
                        <HD SOURCE="HD1">(i) Alternative Methods of Compliance (AMOCs)</HD>
                        <P>
                            (1) The Manager, AIR-520 Continued Operational Safety Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (j)(1) of this AD. Information may be emailed to: 
                            <E T="03">AMOC@faa.gov.</E>
                        </P>
                        <P>(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office.</P>
                        <P>(3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by The Boeing Company Organization Designation Authorization (ODA) that has been authorized by the Manager, AIR-520 Continued Operational Safety Branch, FAA, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD.</P>
                        <HD SOURCE="HD1">(j) Related Information</HD>
                        <P>
                            (1) For more information about this AD, contact Katherine Venegas, Aviation Safety Engineer, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone: 562-627-5353; email: 
                            <E T="03">Katherine.Venegas@faa.gov.</E>
                        </P>
                        <P>(2) Service information identified in this AD that is not incorporated by reference is available at the address specified in paragraph (k)(3) of this AD.</P>
                        <HD SOURCE="HD1">(k) Material Incorporated by Reference</HD>
                        <P>(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.</P>
                        <P>(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.</P>
                        <P>(i) Boeing Alert Requirements Bulletin 757-25A0319 RB, dated March 24, 2023.</P>
                        <P>(ii) [Reserved]</P>
                        <P>
                            (3) For service information, contact Boeing Commercial Airplanes, Attention: Contractual &amp; Data Services (C&amp;DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; website 
                            <E T="03">myboeingfleet.com</E>
                            .
                        </P>
                        <P>(4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206-231-3195.</P>
                        <P>
                            (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit 
                            <E T="03">www.archives.gov/federal-register/cfr/ibr-locations</E>
                             or email 
                            <E T="03">fr.inspection@nara.gov.</E>
                        </P>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued on May 23, 2024.</DATED>
                    <NAME>Suzanne Masterson,</NAME>
                    <TITLE>Deputy Director, Integrated Certificate Management Division, Aircraft Certification Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13014 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 71</CFR>
                <DEPDOC>[Docket No. FAA-2023-2503; Airspace Docket No. 20-AGL-14]</DEPDOC>
                <RIN>RIN 2120-AA66</RIN>
                <SUBJECT>Establishment of Class E Airspace; Desmet, SD</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This action establishes Class E airspace at Desmet, SD. This action is due to the development of new public instrument procedures and to support instrument flight rule (IFR) operations.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective 0901 UTC, September 5, 2024. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 and publication of conforming amendments.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        A copy of the Notice of Proposed Rulemaking (NPRM), all comments received, this final rule, and 
                        <PRTPAGE P="50519"/>
                        all background material may be viewed online at 
                        <E T="03">www.regulations.gov</E>
                         using the FAA Docket number. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year.
                    </P>
                    <P>
                        FAA Order JO 7400.11H, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at 
                        <E T="03">www.faa.gov/air_traffic/publications/.</E>
                         You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington DC 20591; telephone: (202) 267-8783.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it establishes Class E airspace extending upward from 700 feet above the surface at Wilder Airport, Desmet, SD, to support IFR operations at this airport.</P>
                <HD SOURCE="HD1">History</HD>
                <P>
                    The FAA published an NPRM for Docket No. FAA-2023-2503 in the 
                    <E T="04">Federal Register</E>
                     (88 FR 88552; December 22, 2023) proposing to establish Class E airspace at Desmet, SD. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.
                </P>
                <HD SOURCE="HD1">Incorporation by Reference</HD>
                <P>
                    Class E airspace designations are published in paragraph 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document amends the current version of that order, FAA Order JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA Order JO 7400.11H is publicly available as listed in the 
                    <E T="02">ADDRESSES</E>
                     section of this document. These amendments will be published in the next update to FAA Order JO 7400.11.
                </P>
                <P>FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.</P>
                <HD SOURCE="HD1">The Rule</HD>
                <P>This amendment to 14 CFR part 71 establishes Class E airspace extending upward from 700 feet above the surface to within a 7-mile radius of Wilder Airport, Desmet, SD.</P>
                <HD SOURCE="HD1">Regulatory Notices and Analyses</HD>
                <P>The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <HD SOURCE="HD1">Environmental Review</HD>
                <P>The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.5.a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment.</P>
                <LSTSUB>
                    <HD SOURCE="HED">Lists of Subjects in 14 CFR 71</HD>
                    <P>Airspace, Incorporation by reference, Navigation (air).</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS</HD>
                </PART>
                <REGTEXT TITLE="14" PART="71">
                    <AMDPAR>1. The authority citation for 14 CFR part 71 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 71.1</SECTNO>
                    <SUBJECT>[Amended] </SUBJECT>
                </SECTION>
                <REGTEXT TITLE="14" PART="71">
                    <AMDPAR>2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows:</AMDPAR>
                    <EXTRACT>
                        <HD SOURCE="HD2">Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth.</HD>
                        <STARS/>
                        <HD SOURCE="HD1">AGL SD E5 Desmet, SD [Establish]</HD>
                        <FP SOURCE="FP-2">Wilder Airport, SD</FP>
                        <FP SOURCE="FP1-2">(Lat 44°25′59″ N, long 97°33′29″ W)</FP>
                        <P>That airspace extending upward from 700 feet above the surface within a 7-mile radius of Wilder Airport.</P>
                        <STARS/>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued in Fort Worth, Texas, on June 11, 2024.</DATED>
                    <NAME>Steven T. Phillips,</NAME>
                    <TITLE>Acting Manager, Operations Support Group, ATO Central Service Center.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13132 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 71</CFR>
                <DEPDOC>[Docket No. FAA-2024-0632; Airspace Docket No. 24-ANE-2]</DEPDOC>
                <RIN>RIN 2120-AA66</RIN>
                <SUBJECT>Amendment of Class E Airspace; Nashua, NH</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This action amends Class E airspace extending upward from the surface for Boire Field Airport, Nashua, NH, by replacing the reference to Manchester Very High-Frequency Omnidirectional Range (VOR)/Distance Measuring Equipment (DME). This action does not change the airspace boundaries or operating requirements.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective 0901 UTC, September 5, 2024. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 and publication of conforming amendments.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        A copy of the Notice of Proposed Rulemaking (NPRM), all comments received, this final rule, and all background material may be viewed 
                        <PRTPAGE P="50520"/>
                        online at 
                        <E T="03">www.regulations.gov</E>
                         using the FAA Docket number. Electronic retrieval help and guidelines are available on the website. It is available 24 hours a day, 365 days a year.
                    </P>
                    <P>
                        FAA Order JO 7400.11H Airspace Designations and Reporting Points and subsequent amendments can be viewed online at 
                        <E T="03">www.faa.gov/air_traffic/publications/.</E>
                         You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington DC 20591; telephone: (202) 267-8783.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Justin T. Rhodes, Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Avenue, College Park, GA 30337; Telephone: (404) 305-5478.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority, as it amends Class E airspace in Nashua, NH. An airspace evaluation determined that this update is necessary to support IFR operations in the area.</P>
                <HD SOURCE="HD1">History</HD>
                <P>
                    The FAA published a notice of proposed rulemaking for Docket No. FAA-2024-0632 in the 
                    <E T="04">Federal Register</E>
                     (89 FR 20568; March 25, 2024) to amend Class E airspace extending upward from the surface for Boire Field Airport, Nashua, NH. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.
                </P>
                <HD SOURCE="HD1">Incorporation by Reference</HD>
                <P>
                    Class E airspace designations are published in Paragraph 6004 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document amends the current version of that order, FAA Order JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. These updates will be published in the next update to FAA Order JO 7400.11. That order is publicly available as listed in the 
                    <E T="02">ADDRESSES</E>
                     section of this document.
                </P>
                <P>FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.</P>
                <HD SOURCE="HD1">The Rule</HD>
                <P>This action amends 14 CFR part 71 by amending Class E airspace extending from the surface for Boire Field Airport, Nashua, NH, by replacing the reference to “Manchester VOR/DME,” which is scheduled to be decommissioned September 5, 2024. This action does not change the airspace boundaries or operating requirements.</P>
                <P>Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.</P>
                <HD SOURCE="HD1">Regulatory Notices and Analyses</HD>
                <P>The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <HD SOURCE="HD1">Environmental Review</HD>
                <P>The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant the preparation of an environmental assessment.</P>
                <LSTSUB>
                    <HD SOURCE="HED">Lists of Subjects in 14 CFR Part 71</HD>
                    <P>Airspace, Incorporation by reference, Navigation (air).</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS </HD>
                </PART>
                <REGTEXT TITLE="14" PART="71">
                    <AMDPAR>1. The authority citation for part 71 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 71.1</SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="14" PART="71">
                    <AMDPAR>2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows:</AMDPAR>
                    <EXTRACT>
                        <HD SOURCE="HD2">Paragraph 6004 Class E Airspace Areas Extending Upward From the Surface of the Earth.</HD>
                        <STARS/>
                        <HD SOURCE="HD1">ANE NH E4 Nashua, NH [Amended]</HD>
                        <FP SOURCE="FP-2">Boire Field Airport, NH</FP>
                        <FP SOURCE="FP1-2">(Lat 42°46′57″ N, long 71°30′51″ W)</FP>
                        <P>That airspace extending upward from the surface within 1.1 miles on each side of the Boire Field Airport 67° bearing extending from the 5-mile radius to 8.4 miles northeast of Boire Field Airport.</P>
                        <STARS/>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued in College Park, Georgia, on June 10, 2024</DATED>
                    <NAME>Patrick Young,</NAME>
                    <TITLE>Manager, Airspace &amp; Procedures Team North, Eastern Service Center, Air Traffic Organization.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-12946 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 71</CFR>
                <DEPDOC>[Docket No. FAA-2024-0583; Airspace Docket No. 24-ANE-1]</DEPDOC>
                <RIN>RIN 2120-AA66</RIN>
                <SUBJECT>Establishment of Class E Airspace; York, ME</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This action establishes Class E airspace extending upward from 700 feet above the surface for York Hospital Heliport, York, ME, to accommodate new area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures serving the heliport.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        Effective 0901 UTC, September 5, 2024. The Director of the Federal 
                        <PRTPAGE P="50521"/>
                        Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order JO 7400.11 and publication of conforming amendments.
                    </P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        A copy of the Notice of Proposed Rulemaking (NPRM), all comments received, this final rule, and all background material may be viewed online at 
                        <E T="03">www.regulations.gov</E>
                         using the FAA Docket number. Electronic retrieval helps and guidelines are available on the website. It is available 24 hours a day, 365 days a year.
                    </P>
                    <P>
                        FAA Order JO 7400.11H, Airspace Designations, and Reporting Points, and subsequent amendments can be viewed online at 
                        <E T="03">www.faa.gov/air_traffic/publications/.</E>
                         For further information, you can contact the Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P> John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Avenue, College Park, GA 30337; telephone: (404) 305-6364.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority, as it establishes Class E airspace extending upward from 700 feet above the surface for York Hospital Heliport, York, ME.</P>
                <HD SOURCE="HD1">History</HD>
                <P>
                    The FAA published a notice of proposed rulemaking for Docket No. FAA 2024-0583 in the 
                    <E T="04">Federal Register</E>
                     (89 FR 22642; April 2, 2024), proposing to establish Class E airspace extending upward from 700 feet above the surface for York Hospital Heliport, York, ME. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.
                </P>
                <HD SOURCE="HD1">Incorporation by Reference</HD>
                <P>
                    Class E airspace is published in paragraph 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document amends the current version of that order, FAA Order JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA Order JO 7400.11H is publicly available as listed in the 
                    <E T="02">ADDRESSES</E>
                     section of this document. These amendments will be published in the next update to FAA Order JO 7400.11. FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.
                </P>
                <HD SOURCE="HD1">The Rule</HD>
                <P>This amendment to 14 CFR part 71 establishes Class E airspace extending upward from 700 feet above the surface within a 6-mile radius of York Hospital Heliport, York, ME, providing the controlled airspace required to support the new RNAV (GPS) standard instrument approach procedures for IFR operations at the heliport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.</P>
                <HD SOURCE="HD1">Regulatory Notices and Analyses</HD>
                <P>The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <HD SOURCE="HD1">Environmental Review</HD>
                <P>The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” paragraph 5-6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant the preparation of an environmental assessment.</P>
                <LSTSUB>
                    <HD SOURCE="HED">Lists of Subjects in 14 CFR Part 71</HD>
                    <P>Airspace, Incorporation by reference, Navigation (air).</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Amendment</HD>
                <P>In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS</HD>
                </PART>
                <REGTEXT TITLE="14" PART="71">
                    <AMDPAR>1. The authority citation for 14 CFR part 71 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority: </HD>
                        <P>49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.</P>
                    </AUTH>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 71.1</SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="14" PART="71">
                    <AMDPAR>2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows:</AMDPAR>
                    <EXTRACT>
                        <HD SOURCE="HD2">Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth.</HD>
                        <STARS/>
                        <HD SOURCE="HD1">ANE ME, E5 York, ME [New]</HD>
                        <FP SOURCE="FP-2">York Hospital Heliport, ME</FP>
                        <FP SOURCE="FP1-2">(Lat 43°08′30″ N, long 70°39′02″ W)</FP>
                        <P>That airspace extending upward from 700 feet above the surface within a 6-mile radius of York Hospital Heliport.</P>
                        <STARS/>
                    </EXTRACT>
                </REGTEXT>
                <SIG>
                    <DATED>Issued in College Park, Georgia, on June 10, 2024.</DATED>
                    <NAME>Patrick Young,</NAME>
                    <TITLE>Manager, Airspace &amp; Procedures Team North, Eastern Service Center, Air Traffic Organization.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13034 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">PEACE CORPS</AGENCY>
                <CFR>22 CFR Part 303</CFR>
                <RIN>RIN 0420-AA31</RIN>
                <SUBJECT>Procedures for Disclosure of Information Under the Freedom of Information Act</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>The Peace Corps.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This final rule corrects the regulations published in the 
                        <E T="04">Federal Register</E>
                         (FR) on April 11, 2024, which entered into effect on May 13, 2024. 
                        <PRTPAGE P="50522"/>
                        These amendments reinstate introductory text, which was inadvertently removed, and recodify introductory text to a new paragraph. One additional amendment also removes a gender pronoun from the text.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective June 14, 2024.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        David van Hoogstraten, Supervisory Associate General Counsel at 
                        <E T="03">policy@peacecorps.gov</E>
                         or (202) 692-2150.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>On June 30, 2016, President Obama signed into law the Freedom of Information Act (FOIA) Improvement Act of 2016, Public Law 114-185, 130 Stat. 538 (the Act). The Act specifically requires all agencies to review and update their FOIA regulations in accordance with its provisions, and the Peace Corps is making changes to its regulations accordingly. Among other requirements, the Act addresses a range of procedural issues that affect Peace Corps FOIA regulations, including requirements that agencies establish a minimum of 90 days for requesters to file an administrative appeal and that agencies provide notice to requesters of dispute resolution services at various times throughout the FOIA process. The final rule published on April 11, 2024, at 89 FR 25521, revised and updated policies and procedures concerning the Peace Corps FOIA process, which was last revised in 2014.</P>
                <P>This final rule seeks to correct the newly published language at 22 CFR part 303 and makes the following key amendments:</P>
                <HD SOURCE="HD1">22 CFR Part 303</HD>
                <P>
                    1. 
                    <E T="03">Exemptions for withholding records.</E>
                     In § 303.9 at paragraph (b), reinstate the previous introductory text and recodify the introductory text included in 89 FR 25521 as a new paragraph (f).
                </P>
                <P>
                    2. 
                    <E T="03">Procedures for responding to a subpoena.</E>
                     In § 303.17 at paragraph (b)(4), remove the gender pronoun, “he,” when referring to the General Counsel or designee.
                </P>
                <HD SOURCE="HD1">Regulatory Certifications</HD>
                <HD SOURCE="HD1">Executive Orders 12866 and 13563—Regulatory Review</HD>
                <P>This regulation has been drafted and reviewed in accordance with Executive Order 12866, “Regulatory Planning and Review,” section 1(b), Principles of Regulation, and in accordance with Executive Oder 13563, “Improving Regulation and Regulatory Review,” section 1(b), General Principles of Regulation, and the Peace Corps has determined it to be non-significant within the meaning of Executive Order 12866. Additionally, because this final rule does not meet the definition of a significant regulatory action it does not trigger the requirements contained in Executive Order 13771. See the Office of Management and Budget's (OMB's) Memorandum titled “Interim Guidance Implementing section 2 of the Executive order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs' ” (February 2, 2017), supplemented by OMB's Memorandum titled “Implementing Executive Order 13771, Titled `Reducing Regulation and Controlling Regulatory Costs.' ”</P>
                <HD SOURCE="HD1">Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))</HD>
                <P>This regulatory action will not have a significant adverse impact on a substantial number of small entities.</P>
                <HD SOURCE="HD1">Unfunded Mandates Act of 1995 (Sec. 202, Pub. L. 104-4)</HD>
                <P>This regulatory action does not contain a Federal mandate that will result in the expenditure by State, local, and tribal governments, in aggregate, or by the private sector, of $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments.</P>
                <HD SOURCE="HD1">Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35)</HD>
                <P>This regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act.</P>
                <HD SOURCE="HD1">Federalism (Executive Order 13132)</HD>
                <P>This regulatory action does not have federalism implications, as set forth in Executive Order 13132. It will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 22 CFR Part 303</HD>
                    <P>Freedom of information.</P>
                </LSTSUB>
                <P>For the reasons set out in the preamble, the Peace Corps amends 22 CFR part 303 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 303—PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE FREEDOM OF INFORMATION ACT</HD>
                </PART>
                <REGTEXT TITLE="22" PART="303">
                    <AMDPAR>1. Amend § 303.9 by:</AMDPAR>
                    <AMDPAR>a. Redesignating paragraph (b) introductory text as paragraph (f);</AMDPAR>
                    <AMDPAR>b. Adding a new paragraph (b) introductory text; and</AMDPAR>
                    <AMDPAR>c. Removing the heading from paragraph (e).</AMDPAR>
                    <P>The addition reads as follows:</P>
                    <SECTION>
                        <SECTNO>§ 303.9</SECTNO>
                        <SUBJECT>Exemptions for withholding information.</SUBJECT>
                        <STARS/>
                        <P>(b) In the event that one or more of the exemptions in paragraph (a) of this section apply, any reasonably segregable portion of a record shall be provided to the requester after deletion of the portions that are exempt. The Peace Corps shall indicate, if technically feasible, the precise amount of information deleted and the exemption under which the deletion is made at the place in the record where the deletion is made, and indicate the exemption under which a deletion is made on the released portion of the record, unless including that indication would harm an interest protected by the exemption. At the discretion of the Peace Corps officials authorized to grant or deny a request for records, it may be possible to provide a requester with:</P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <REGTEXT TITLE="22" PART="303">
                    <AMDPAR>2. Amend § 303.17 by revising paragraph (b)(4) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 303.17</SECTNO>
                        <SUBJECT>Procedures for responding to a subpoena.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(4) To the extent deemed necessary or appropriate, the General Counsel or designee may also require from the party causing such demand to be issued or served a plan of all reasonably foreseeable demands, including but not limited to names of all employees and former employees from whom discovery will be sought, areas of inquiry, length of time of proceedings requiring oral testimony and identification of documents to be used or whose production is sought.</P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <DATED>Dated: June 10, 2024.</DATED>
                    <NAME>James Olin,</NAME>
                    <TITLE>FOIA and Privacy Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13030 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6051-01-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <PRTPAGE P="50523"/>
                <AGENCY TYPE="N">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
                <CFR>24 CFR Parts 58 and 1005</CFR>
                <DEPDOC>[Docket No. FR-5593-F-04]</DEPDOC>
                <RIN>RIN 2577-AD01</RIN>
                <SUBJECT>Strengthening the Section 184 Indian Housing Loan Guarantee Program; Delay of Effective and Compliance Dates</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Assistant Secretary for Public and Indian Housing, HUD.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule; delay of effective date, establishment of compliance dates.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Department of Housing and Urban Development (HUD) published in the 
                        <E T="04">Federal Register</E>
                         on March 20, 2024, a final rule to strengthen its Section 184 Indian Loan Guarantee Program by, among other things, clarifying rules for Tribes, lenders, servicers, and other participants. The final rule established an effective date of June 18, 2024. To provide time for HUD to develop and implement a comprehensive handbook for the Section 184 Program and to allow Tribes, lenders, servicers, and other participants time to conform their policies, procedures, and systems to comply with HUD's March 20, 2024, final rule, this rulemaking delays that effective date to December 31, 2024, and establishes a compliance date of March 1, 2025.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P/>
                    <P>
                        <E T="03">Effective date:</E>
                         The effective date for the final rule published March 20, 2024, at 89 FR 20032, is delayed from June 18, 2024, until December 31, 2024.
                    </P>
                    <P>
                        <E T="03">Compliance date:</E>
                         March 1, 2025.
                    </P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Brian Cook, Acting Director, Office of Loan Guarantee, Office of Native American Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW, Room 4108, Washington, DC 20410; telephone number 202-402-4978 (this is not a toll-free number). HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech or communication disabilities. To learn more about how to make an accessible telephone call, please visit 
                        <E T="03">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>On March 20, 2024, HUD published a final rule titled “Strengthening the Section 184 Indian Housing Loan Guarantee Program” (the Final Rule). The Final Rule amended the regulations to the Section 184 Indian Housing Loan Guarantee Program (Section 184 Program). Since its inception, the Section 184 Program has experienced an increase in demand. As a result, HUD's March 20, 2024, final rule updated program regulations to minimize potential risk and increase program participation by financial institutions. The final rule added eligibility and participation requirements for Lender Applicants, Direct Guarantee Lenders, Non-Direct Guarantee Lenders, Holders and Servicers and other Section 184 Program participants. The final rule also clarified the rules governing Tribal participation in the program, established underwriting requirements, specifies rules on the closing and endorsement process, established stronger and clearer servicing requirements, established program rules governing claims submitted by Servicers and paid by HUD, and added standards governing monitoring, reporting, sanctions, and appeals. Lastly, the final rule added new definitions and makes statutory conforming amendments, including the categorical exclusion of the Section 184 Program in HUD's environmental review regulations. The final rule established a June 18, 2024, effective date.</P>
                <P>Since publishing the final rule, HUD has determined that additional time is required to fully implement the rule. Initially, HUD has been drafting the Section 184 Program Indian Housing Loan Guarantee Program Handbook (Section 184 Handbook). The Section 184 Handbook will provide comprehensive guidance and clarification for all stakeholders to fully understand and implement the final rule. Given the size of the Section 184 Handbook, HUD has determined that it will not be available prior to the current June 18, 2024, effective date. HUD has also determined that it needs additional time to ensure compliance with the Paperwork Reduction Act requirements. Finally, HUD has determined that Tribes, lenders, servicers, and other participants need additional time to conform their policies, procedures, and systems to comply with final rule. As a result of these factors, HUD is delaying the effective date of the March 20, 2024, final rule from June 18, 2024, until December 31, 2024. In addition, to provide HUD time to complete drafting the Section 184 Handbook and to provide stakeholders time to implement the instructions in the Section 184 Handbook, which may not be fully available before the effective date, HUD is delaying compliance until March 1, 2025.</P>
                <HD SOURCE="HD1">Administrative Procedure Act and 24 CFR Part 10</HD>
                <P>In general, HUD publishes a rule for public comment before issuing a rule for effect, in accordance with both the Administrative Procedure Act (APA), 5 U.S.C. 553, and its own regulations on rulemaking, 24 CFR part 10. Both the APA and Part 10, however, provide for exceptions from that general rule where HUD finds good cause to omit advance notice and public participation. The good cause requirement is satisfied when the prior public procedure is “impracticable, unnecessary, or contrary to the public interest.” To publish a rule for effect prior to receiving and responding to public comments, the agency must make a finding that at least one of these “good cause” exceptions applies.</P>
                <P>HUD has determined that good cause exists to promulgate this final rule without prior notice and comment. Without this rulemaking, the final rule published at 89 FR 20032 will become effective June 18, 2024. Given the imminence of the effective date, seeking prior notice and the opportunity for public comment on this delay is impractical. Specifically, if prior notice and opportunity for public comment are required to delay the effective date to December 31, 2024, this final rule will not be issued prior to June 18, 2024. If this were to happen, HUD would not be able to provide comprehensive guidance to Tribes, lenders, servicers, and other participants to assist them in implementing the requirements of the March 20, 2024, final rule. Further, implementation of the rule would further be complicated by the absence of approved paperwork. Finally, this delay will provide Tribes, lenders, servicers, and other participants time to update their procedures, policies, and systems to ensure a smooth implementation of the rule.</P>
                <HD SOURCE="HD1">Findings and Certifications</HD>
                <HD SOURCE="HD2">Regulatory Review—Executive Orders 12866 and 13563 and 14094</HD>
                <P>
                    Under Executive Order 12866 (Regulatory Planning and Review), a determination must be made whether a regulatory action is significant and, therefore, subject to review by the Office of Management and Budget (OMB) in accordance with the requirements of the order. Executive Order 13563 (Improving Regulations and Regulatory Review) directs executive agencies to analyze regulations that are “outmoded, ineffective, insufficient, or excessively 
                    <PRTPAGE P="50524"/>
                    burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned.” Executive Order 13563 also directs that, where relevant, feasible, and consistent with regulatory objectives, and to the extent permitted by law, agencies are to identify and consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public. Executive Order 14094 (Modernizing Regulatory Review) amends section 3(f) of Executive Order 12866, among other things. This rule has been determined not to be a “significant regulatory action” as defined in section 3(f) of the Executive order and therefore was not reviewed by OMB.
                </P>
                <HD SOURCE="HD2">Unfunded Mandates Reform Act</HD>
                <P>Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) establishes requirements for Federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments, and the private sector. This rule will not impose any Federal mandates on any state, local, or tribal government or the private sector within the meaning of the Unfunded Mandates Reform Act of 1995.</P>
                <HD SOURCE="HD2">Environmental Review</HD>
                <P>
                    A Finding of No Significant Impact with respect to the environment was made prior to publication of the March 20, 2024, final rule, in accordance with HUD regulations at 24 CFR part 50, which implement section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The Finding of No Significant Impact remains applicable and is available for public inspection between the hours of 8 a.m. and 5 p.m. weekdays in the Regulations Division, Office of General Counsel, Room 10276, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410-0500. The Finding of No Significant Impact will also be available for review in the docket for this rule on 
                    <E T="03">Regulations.gov</E>
                    .
                </P>
                <HD SOURCE="HD2">Executive Order 13132, Federalism</HD>
                <P>Executive Order 13132 (entitled “Federalism”) prohibits, to the extent practicable and permitted by law, an agency from promulgating a regulation that has federalism implications and either imposes substantial direct compliance costs on state and local governments and is not required by statute, or preempts state law, unless the relevant requirements of section 6 of the Executive order are met. This rule does not have federalism implications and does not impose substantial direct compliance costs on state and local governments or preempt state law within the meaning of the Executive order.</P>
                <SIG>
                    <NAME>Damon Smith,</NAME>
                    <TITLE>General Counsel.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13124 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4210-67-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
                <SUBAGY>Internal Revenue Service</SUBAGY>
                <CFR>26 CFR Part 1</CFR>
                <DEPDOC>[TD 9945]</DEPDOC>
                <RIN>RIN 1545-BO81</RIN>
                <SUBJECT>Guidance Under Section 1061; Correction</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Internal Revenue Service (IRS), Treasury.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule; correction and correcting amendments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        This document contains corrections to Treasury Decision 9945 published in the 
                        <E T="04">Federal Register</E>
                         on Tuesday, January 19, 2021. Treasury Decision 9945 issued final regulations that recharacterize certain net long-term capital gains of a partner that holds one or more applicable partnership interests as short-term capital gains.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>These corrections are effective on June 14, 2024 and for dates of applicability, see §§ 1.702-1(g), 1.704-3(f), 1.1061-1(b), 1.1061-2(c), 1.1061-3(f), 1.1061-4(d), 1.1061-5(g), 1.1061-6(e), and 1.1223-3(g).</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Concerning the regulations, Alta Li of the Office of Associate Chief Counsel (Passthroughs and Special Industries) at (202) 317-5279 (not a toll-free number).</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">Background</HD>
                <P>The final regulations (TD 9945) subject to these corrections are issued under section 1061 of the Internal Revenue Code.</P>
                <HD SOURCE="HD1">Corrections to Publication</HD>
                <P>Accordingly, the final regulations (TD 9945) that are the subject of FR Doc. 2021-00427, published on Tuesday, January 19, 2021, are corrected as follows:</P>
                <P>1. On page 5455, in the first column, in the seventh line of the column the language “make” is corrected to read “made”.</P>
                <P>2. On page 5455, in the first column, in the fifteenth line of the column the language “are” is corrected to read “at”.</P>
                <P>3. On page 5456, in the first column, the fourteenth line of the column is corrected to read “terms, priority, type and level of risk”.</P>
                <P>4. On page 5457, in the first column, in the last line of the column the language “allocation” is corrected to read “allocations”.</P>
                <P>5. On page 5459, in the first column, the thirteenth line from the bottom of the column is corrected to read “other partner, other than”.</P>
                <P>6. On page 5459, in the first column, the fifth line from the bottom of the column is corrected to read “advances made by another partner in the”.</P>
                <P>7. On page 5459, in the first column, the fourth line from the bottom of the column is corrected to read “partnership (or any Related Person with respect to such”.</P>
                <P>8. On page 5459, in the first column, the third line from the bottom of the column is corrected to read “other partner, other than the partnership) to a”.</P>
                <P>9. On page 5459, in the second column, the ninth line of the column is corrected to read “loan or advance made by another partner (or”.</P>
                <P>10. On page 5459, in the second column, the tenth line of the column is corrected to read “any Related Person with respect to such other partner, other than the”.</P>
                <P>11. On page 5463, in the third column, the second line of the second full paragraph is corrected to read “that once a partnership interest qualifies as”.</P>
                <P>12. On page 5465, in the first column, the twelfth line of the first full paragraph is corrected to read “Assets; and (vi) options or derivative”.</P>
                <P>13. On page 5465, in the third column, in the twelfth line of the second full paragraph the language “APIs” is corrected to read “API”.</P>
                <P>14. On page 5467, in the first column, in the ninth line from the bottom of the column, the language “API Distributed” is corrected to read “Distributed API”.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 26 CFR Part 1</HD>
                    <P>Income taxes, Reporting and recordkeeping requirements.</P>
                </LSTSUB>
                <HD SOURCE="HD1">Correction to the Regulations</HD>
                <P>Accordingly, 26 CFR part 1 is corrected by making the following correcting amendments:</P>
                <PART>
                    <HD SOURCE="HED">PART 1—INCOME TAXES</HD>
                </PART>
                <REGTEXT TITLE="26" PART="1">
                    <AMDPAR>
                        <E T="04">Paragraph 1.</E>
                         The authority citation for part 1 continues to read in part as follows:
                    </AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 26 U.S.C. 7805 * * *</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="26" PART="1">
                    <PRTPAGE P="50525"/>
                    <AMDPAR>
                        <E T="04">Par. 2.</E>
                         Section 1.1061-1(a) is amended by revising the definition for “Passthrough Entity” to read as follows:
                    </AMDPAR>
                    <SECTION>
                        <SECTNO>§ 1.1061-1</SECTNO>
                        <SUBJECT>Section 1061 definitions.</SUBJECT>
                        <STARS/>
                        <P>
                            <E T="03">Passthrough Entity</E>
                             means a partnership, trust, estate, S corporation described in § 1.1061-3(b)(2)(i), or a passive foreign investment company described in § 1.1061-3(b)(2)(ii).
                        </P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <REGTEXT TITLE="26" PART="1">
                    <AMDPAR>
                        <E T="04">Par. 3.</E>
                         Section 1.1061-3 is amended by:
                    </AMDPAR>
                    <AMDPAR>1. Revising the first sentence of paragraph (c)(3)(v)(A).</AMDPAR>
                    <AMDPAR>2. Revising paragraph (c)(3)(v)(B) introductory text.</AMDPAR>
                    <AMDPAR>3. Revising the heading of paragraph (c)(6)(i)(C).</AMDPAR>
                    <AMDPAR>4. Removing the language “PRS's” in the fifth sentence of paragraph (c)(6)(i)(C) and adding the language “PRS” in its place.</AMDPAR>
                    <AMDPAR>5. Revising paragraph (d)(3).</AMDPAR>
                    <P>The revisions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1.1061-3</SECTNO>
                        <SUBJECT>Exceptions to the definition of an API.</SUBJECT>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(3) * * *</P>
                        <P>(v) * * *</P>
                        <P>(A) * * * For purposes of the Section 1061 Regulations, an allocation is not a Capital Interest Allocation to the extent the allocation is attributable to the contribution of an amount of capital to a partnership that, directly or indirectly, results from, or is attributable to, any loan or other advance made or guaranteed, directly or indirectly, by the partnership or another partner in the partnership (or any Related Person with respect to such persons), except to the extent a loan or advance is described in paragraph (c)(3)(v)(B) of this section.* * *</P>
                        <P>(B) * * * Paragraph (c)(3)(v)(A) of this section does not apply with respect to an allocation attributable to a contribution made by an individual service provider that, directly or indirectly, results from, or is attributable to, a loan or advance from another partner in the partnership (or any Related Person with respect to such other partner, other than the partnership) to such individual service provider if the individual service provider is personally liable for the repayment of such loan or advance. A contribution made by an individual service provider includes a contribution made by an entity that is wholly owned by, and disregarded as separate from, the individual service provider as described in § 1.1061-2(a)(1)(v), including a contribution attributable to a loan or advance made to the disregarded entity by another partner in the partnership (or any Related Person with respect to such other partner, other than the partnership) if the individual service provider is personally liable for the repayment of any and all borrowed amounts that are not repaid by the disregarded entity. For purposes of this paragraph (c)(3)(v)(B), an individual service provider is personally liable for the repayment of a loan or advance made by another partner (or any Related Person with respect to such other partner, other than the partnership) if—</P>
                        <STARS/>
                        <P>(6) * * *</P>
                        <P>(i) * * *</P>
                        <P>
                            (C) 
                            <E T="03">GP's Capital Interest Allocation Analysis.</E>
                            * * *
                        </P>
                        <STARS/>
                        <P>(d) * * *</P>
                        <P>
                            (3) 
                            <E T="03">Acquirer not a service provider.</E>
                             At the time of the purchase, the acquirer has not provided, does not provide, and does not anticipate providing services to, or for the benefit of, the target partnership, directly or indirectly, or any lower-tier partnership in which the target partnership directly or indirectly holds an interest.
                        </P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <REGTEXT TITLE="26" PART="1">
                    <AMDPAR>
                        <E T="04">Par. 4.</E>
                         Section 1.1061-4 is amended by:
                    </AMDPAR>
                    <AMDPAR>1. Removing the language “Share amount” in the first sentence of paragraph (b)(5)(ii) and adding the language “Share Amount” in its place.</AMDPAR>
                    <AMDPAR>2. Revising paragraph (b)(9)(i)(B).</AMDPAR>
                    <AMDPAR>3. Removing the language “applying” in paragraph (b)(9)(ii) introductory text and adding the language “computing” in its place.</AMDPAR>
                    <AMDPAR>
                        4. Removing the language “Three Year API” in paragraph (c)(1)(i)(C)(
                        <E T="03">2</E>
                        ) and adding the language “API Three Year” in its place.
                    </AMDPAR>
                    <AMDPAR>5. Removing the language “Gain amount” in the first sentence of paragraph (c)(1)(i)(D) and adding the language “Gain Amount” in its place.</AMDPAR>
                    <AMDPAR>6. Revising the third sentence of paragraph (c)(1)(ii)(B).</AMDPAR>
                    <AMDPAR>7. Revising paragraph (c)(1)(iii)(B).</AMDPAR>
                    <AMDPAR>8. Removing the language “Gain of $300” in the first sentence of paragraph (c)(1)(iii)(C) and adding the language “of $300” in its place.</AMDPAR>
                    <AMDPAR>9. Removing the language “year causing” in the third sentence of paragraph (c)(2)(ii) and adding the language “year, causing” in its place.</AMDPAR>
                    <AMDPAR>10. Removing the language “the $1000” in the fifth sentence of paragraph (c)(2)(iii) and adding the language “the $1,000” in its place.</AMDPAR>
                    <P>The revisions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1.1061-4</SECTNO>
                        <SUBJECT>Section 1061 Computations.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(9) * * *</P>
                        <P>(i) * * *</P>
                        <P>
                            (B) 
                            <E T="03">Determination that the Lookthrough Rule applies to the disposition of a Passthrough Interest.</E>
                             Paragraph (b)(9)(i)(A) of this section similarly applies with respect to a Passthrough Interest issued by an S corporation or a PFIC to the extent that the Passthrough Interest is treated as an API.
                        </P>
                        <STARS/>
                        <P>(c) * * *</P>
                        <P>(1) * * *</P>
                        <P>(ii) * * *</P>
                        <P>(B) * * * Under paragraph (a)(4)(ii) of this section, A's API Three Year Disposition Amount is $100, which is the amount of long-term capital gain that A recognized upon disposition of the API held for more than three years.* * *</P>
                        <STARS/>
                        <P>(iii) * * *</P>
                        <P>
                            (B) 
                            <E T="03">Determination of A's One Year Gain Amount.</E>
                             Under paragraph (a)(2) of this section, A's One Year Gain Amount is $900, which is an amount equal to A's $100 API One Year Distributive Share Amount from PRS1 and A's $600 API One Year Distributive Share Amount from PRS2 (a combined net API One Year Distributive Share Amount of $700) plus A's $200 API One Year Disposition Amount.
                        </P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <REGTEXT TITLE="26" PART="1">
                    <AMDPAR>
                        <E T="04">Par. 5.</E>
                         Section 1.1061-5 is amended by:
                    </AMDPAR>
                    <AMDPAR>1. Removing the language “of this section” in the fourth sentence of paragraph (f)(1) and adding the language “of this section;” in its place.</AMDPAR>
                    <AMDPAR>2. Revising paragraphs (f)(2)(i) and (ii) and (f)(3).</AMDPAR>
                    <P>The revisions read as follows:</P>
                    <SECTION>
                        <SECTNO>§ 1.1061-5</SECTNO>
                        <SUBJECT>Section 1061(d) transfers to related persons.</SUBJECT>
                        <STARS/>
                        <P>(f) * * *</P>
                        <P>(2) * * *</P>
                        <P>
                            (i) 
                            <E T="03">Facts.</E>
                             A, B, and C are equal partners in GP, a partnership. GP holds only one asset, an API in PRS1 which is an Indirect API as to each of A, B, and C. Each of A, B, and C provides services in the ATB in connection with which GP was transferred its API in PRS1. A and B contribute their interests in GP to PRS2 in a section 721(a) exchange for interests in PRS2.
                        </P>
                        <P>
                            (ii) 
                            <E T="03">Application of section 1061(d).</E>
                             Because the contribution by each of A and B of its interest in GP to PRS2 is an exchange in which no gain is recognized 
                            <PRTPAGE P="50526"/>
                            by either A or B, the contribution is not a transfer as described in paragraph (b) of this section; thus section 1061(d) does not apply to A's and B's contribution. However, the API remains an API in the hands of PRS2 under § 1.1061-2(a)(1)(i).
                        </P>
                        <P>
                            (3) 
                            <E T="03">Example 3: Transfer of an API to a Section 1061(d) Related Person.</E>
                             A has held an API in GP, a partnership, for four years. A transfers the API to a Section 1061(d) Related Person described in paragraph (e) of this section in exchange for $100 of cash, resulting in A recognizing long-term capital gain of $100. Because this is a transfer described in paragraph (b) of this section, section 1061(d) applies to the transfer of A's API and A must determine its Section 1061(d) Recharacterization Amount under paragraph (c) of this section. If, immediately prior to A's transfer of the API, the partnership had sold all of its assets in a fully taxable transaction for cash equal to the fair market value of the assets, A's share of the net long-term capital gain (excluding amounts not taken into account for purposes of section 1061 under § 1.1061-4(b)(7)) from assets held for three years or less would have been $120. Thus, A's Section 1061(d) Recharacterization Amount is $120. As a result, A's $100 long-term capital gain is recharacterized as short-term capital gain under paragraph (a) of this section. The API remains an API in the hands of the Section 1061(d) Related Person under § 1.1061-2(a)(1)(i).
                        </P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 1.1061-6</SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="26" PART="1">
                    <AMDPAR>
                        <E T="04">Par. 6.</E>
                         Section 1.1061-6 is amended by removing the language “capital gain excluding” in the first sentence of paragraph (c)(1)(i) and adding the language “capital gain, excluding” in its place.
                    </AMDPAR>
                </REGTEXT>
                <SECTION>
                    <SECTNO>§ 1.1223-3</SECTNO>
                    <SUBJECT>[Amended] </SUBJECT>
                </SECTION>
                <REGTEXT TITLE="26" PART="1">
                    <AMDPAR>
                        <E T="04">Par. 7.</E>
                         Section 1.1223-3 is amended by removing the language “June 30, 2020” in the third sentence of paragraph (f)(10) and adding the language “June 1, 2020” in its place.
                    </AMDPAR>
                </REGTEXT>
                <SIG>
                    <NAME>Oluwafunmilayo A. Taylor,</NAME>
                    <TITLE>Section Chief, Publications and Regulations Section, Associate Chief Counsel, (Procedure and Administration).</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-12374 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4830-01-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">PENSION BENEFIT GUARANTY CORPORATION</AGENCY>
                <CFR>29 CFR Part 4044</CFR>
                <SUBJECT>Allocation of Assets in Single-Employer Plans; Interest Assumptions for Valuing Benefits</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Pension Benefit Guaranty Corporation.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This final rule amends the Pension Benefit Guaranty Corporation's regulation on Allocation of Assets in Single-Employer Plans to prescribe interest assumptions under the asset allocation regulation for plans with valuation dates of July 1-July 30, 2024. These interest assumptions are used for valuing benefits under terminating single-employer plans and for other purposes.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Effective July 1, 2024.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Monica O'Donnell (
                        <E T="03">odonnell.monica@pbgc.gov</E>
                        ), Attorney, Office of the General Counsel, Pension Benefit Guaranty Corporation, 445 12th Street SW, Washington, DC 20024-2101, 202-229-8706. If you are deaf or hard of hearing or have a speech disability, please dial 7-1-1 to access telecommunications relay services.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    PBGC's regulation on Allocation of Assets in Single-Employer Plans (29 CFR part 4044) prescribes actuarial assumptions—including interest assumptions—for valuing benefits under terminating single-employer plans covered by title IV of the Employee Retirement Income Security Act of 1974 (ERISA). The interest assumptions in the regulation are also posted on PBGC's website (
                    <E T="03">www.pbgc.gov</E>
                    ).
                </P>
                <P>PBGC uses the interest assumptions in appendix B to part 4044 (“Interest Rates Used to Value Benefits”) to determine the present value of annuities in an involuntary or distress termination of a single-employer plan under the asset allocation regulation. The assumptions are also used to determine the value of multiemployer plan benefits and certain assets when a plan terminates by mass withdrawal in accordance with PBGC's regulation on Duties of Plan Sponsor Following Mass Withdrawal (29 CFR part 4281).</P>
                <P>The July 1-July 30, 2024 interest assumptions will be 5.11 percent for the first 20 years following the valuation date and 4.83 percent thereafter. In comparison with the interest assumptions in effect for the second quarter of 2024, these interest assumptions represent no change in the select period (the period during which the select rate (the initial rate) applies), a decrease of 0.39 percent in the select rate, and no change in the ultimate rate (the final rate).</P>
                <P>
                    This final rule is the last rule that PBGC will publish for the interest assumption using the select and ultimate approach. On June 6, 2024, PBGC issued a final rule at 89 FR 48291 that changes the structure of the interest assumption for valuation dates on or after July 31, 2024, from the select and ultimate approach to a yield curve approach. As described in the June 6 final rule, under the yield curve approach, the interest assumption is based on a blend of two publicly available yield curves that is adjusted to the extent necessary so that the resulting liabilities align with group annuity prices. PBGC will determine and publish those adjustments (
                    <E T="03">i.e.,</E>
                     “spreads”) quarterly based on survey data on pricing of private-sector group annuities.
                </P>
                <HD SOURCE="HD1">Need for Immediate Guidance</HD>
                <P>PBGC has determined that notice of, and public comment on, this rule are impracticable, unnecessary, and contrary to the public interest. PBGC routinely updates the interest assumptions in appendix B of the asset allocation regulation each quarter so that they are available to value benefits. Accordingly, PBGC finds that the public interest is best served by issuing this rule expeditiously, without an opportunity for notice and comment, and that good cause exists for making the assumptions set forth in this amendment effective less than 30 days after publication.</P>
                <P>PBGC has determined that this action is not a “significant regulatory action” under the criteria set forth in Executive Order 12866.</P>
                <P>Because no general notice of proposed rulemaking is required for this amendment, the Regulatory Flexibility Act of 1980 does not apply. See 5 U.S.C. 601(2).</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 29 CFR Part 4044</HD>
                    <P>Employee benefit plans, Pension insurance, Pensions.</P>
                </LSTSUB>
                <P>In consideration of the foregoing, 29 CFR part 4044 is amended as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 4044—ALLOCATION OF ASSETS IN SINGLE-EMPLOYER PLANS </HD>
                </PART>
                <REGTEXT TITLE="29" PART="4044">
                    <AMDPAR>1. The authority citation for part 4044 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 29 U.S.C. 1301(a), 1302(b)(3), 1341, 1344, 1362.</P>
                    </AUTH>
                </REGTEXT>
                  
                <REGTEXT TITLE="29" PART="4044">
                    <PRTPAGE P="50527"/>
                    <AMDPAR>2. In appendix B to part 4044, an entry for “July 2024, other than July 31” is added at the end of the table to read as follows:</AMDPAR>
                    <APPENDIX>
                        <HD SOURCE="HED">Appendix B to Part 4044—Interest Rates Used to Value Benefits</HD>
                        <STARS/>
                        <GPOTABLE COLS="7" OPTS="L1,tp0,i1" CDEF="s75,12,12,12,12,12,12">
                            <TTITLE> </TTITLE>
                            <BOXHD>
                                <CHED H="1" O="L">For valuation dates occurring in the month—</CHED>
                                <CHED H="1" O="L">
                                    The values of 
                                    <E T="03">i</E>
                                    <E T="8145">t</E>
                                     are:
                                </CHED>
                                <CHED H="2" O="L">
                                    <E T="03">i</E>
                                    <E T="8145">t</E>
                                </CHED>
                                <CHED H="2" O="L">
                                    for 
                                    <E T="03">t</E>
                                     =
                                </CHED>
                                <CHED H="2" O="L">
                                    <E T="03">i</E>
                                    <E T="8145">t</E>
                                </CHED>
                                <CHED H="2" O="L">
                                    for 
                                    <E T="03">t</E>
                                     =
                                </CHED>
                                <CHED H="2" O="L">
                                    <E T="03">i</E>
                                    <E T="8145">t</E>
                                </CHED>
                                <CHED H="2" O="L">
                                    for 
                                    <E T="03">t</E>
                                     =
                                </CHED>
                            </BOXHD>
                            <ROW>
                                <ENT I="22"> </ENT>
                            </ROW>
                            <ROW>
                                <ENT I="28">*         *         *         *         *         *         *</ENT>
                            </ROW>
                            <ROW>
                                <ENT I="01">July 2024, other than July 31</ENT>
                                <ENT>0.0511</ENT>
                                <ENT>1-20</ENT>
                                <ENT>0.0483</ENT>
                                <ENT>&gt;20</ENT>
                                <ENT>N/A</ENT>
                                <ENT>N/A</ENT>
                            </ROW>
                        </GPOTABLE>
                    </APPENDIX>
                </REGTEXT>
                <SIG>
                    <P>Issued in Washington, DC.</P>
                    <NAME>Gregory Katz,</NAME>
                    <TITLE>Deputy Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13047 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7709-02-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF LABOR</AGENCY>
                <SUBAGY>Mine Safety and Health Administration</SUBAGY>
                <CFR>30 CFR Part 90</CFR>
                <DEPDOC>[Docket No. MSHA-2023-0001]</DEPDOC>
                <RIN>RIN 1219-AB36</RIN>
                <SUBJECT>Lowering Miners' Exposure to Respirable Crystalline Silica and Improving Respiratory Protection; Correction</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Mine Safety and Health Administration (MSHA), Department of Labor.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Final rule; correction.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Mine Safety and Health Administration (MSHA) is correcting an amendatory instruction in a final rule that was published in the 
                        <E T="04">Federal Register</E>
                         on April 18, 2024. The document amended the Agency's existing standards to better protect miners against occupational exposure to respirable crystalline silica, a significant health hazard, and to improve respiratory protection for miners from exposure to airborne contaminants.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This correction is effective June 17, 2024.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        S. Aromie Noe, Director, Office of Standards, Regulations, and Variances, MSHA, at: 
                        <E T="03">silicaquestions@dol.gov</E>
                         (email); 202-693-9440 (voice); or 202-693-9441 (facsimile). These are not toll-free numbers.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>In (FR Doc. 2024-06920) published on April 18, 2024 (89 FR 28218), the following correction is made:</P>
                <SECTION>
                    <SECTNO>§ 90.100</SECTNO>
                    <SUBJECT>[Corrected]</SUBJECT>
                </SECTION>
                <REGTEXT TITLE="30" PART="90">
                    <AMDPAR>1. On page 28482, in the third column, in amendment 79, the instruction “Amend § 90.100 by adding introductory text to read as follows:” is corrected to read “Amend § 90.100 by revising the introductory text to read as follows:”</AMDPAR>
                </REGTEXT>
                <SIG>
                    <NAME>Christopher J. Williamson,</NAME>
                    <TITLE>Assistant Secretary of Labor for Mine Safety and Health.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13151 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4520-43-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-2024-0518]</DEPDOC>
                <RIN>RIN 1625-AA00</RIN>
                <SUBJECT>Safety Zone; La Quinta and Corpus Christi Shipping Channel, Ingleside, TX</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, moving safety zone for all navigable waters of the La Quinta and Corpus Christi Shipping Channel between gated pair lights 11 and 12 to the sea buoy. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards arising from the towing of the rig Valaris 144. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Corpus Christi, or a designated representative.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This rule is effective without actual notice from June 10, 2024, through June 16, 2024. The rule will be subject to enforcement between 6 a.m. and 2 p.m. during that period.</P>
                </EFFDATE>
                <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-2024-0518 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 about this rule, call or email Lieutenant Commander Anthony Garofalo, Sector Corpus Christi Waterways Management Division, U.S. Coast Guard; telephone 361-939-5130, email 
                        <E T="03">Anthony.M.Garofalo@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">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">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. We must establish this safety zone immediately to protect personnel, vessels, and the marine environment from potential hazards created by the possibility that the rig, a Floating Production Unit being towed by a heavy-lift vessel, could separate from the towing vessel and float off, and we lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule.</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 the effective date of 
                    <PRTPAGE P="50528"/>
                    this rule would be contrary to the public interest because there are fewer than 30 days left before the towing is to occur, and publication of this rule is needed to respond to the potential safety hazards associated with towing the offshore rig through the La Quinta Channel and Corpus Christi Shipping Channel.
                </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 Captain of the Port, Sector Corpus Christi (COTP) has determined that hazards inherent in the towing of the rig Valaris 144, which will take place between June 10, 2024, and June 16, 2024, will be a safety concern for anyone within the La Quinta and Corpus Christi Shipping Channel between gated pair lights 11 and 12 and the sea buoy. The purpose of this rule is to protect the marine environment, and to ensure safety of vessels and persons on these navigable waters who might be present in the safety zone while the rig is being towed but for the existence of the safety zone.</P>
                <HD SOURCE="HD1">IV. Discussion of the Rule</HD>
                <P>This rule is subject to enforcement from 6 a.m. to 2 p.m. each day from June 10, 2024, through June 16, 2024. The transit will begin at the sea buoy to Kiewit Offshore Services facility, adjacent to the La Quinta Channel between gated pair lights 11 and 12. No vessel or person will be permitted to enter the temporary, moving safety zone during the period in which the rule is subject to enforcement without obtaining permission from the COTP or a designated representative, who may be contacted on Channel 16 VHF-FM (156.8 MHz) or by telephone at 361-939-0450. The Coast Guard will issue Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety Marine Information Broadcasts 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. This rule has not been designated a “significant regulatory action,” under Executive Order 12866, as amended by Executive Order 14094 (Modernizing Regulatory Review). Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB).</P>
                <P>This regulatory action determination is based on the size, location, and duration of the safety zone. This safety zone covers a 5 nautical mile area of the La Quinta and Corpus Christi Shipping Channel near Ingleside, TX. The temporary, moving safety zone will be subject to enforcement for a period from 6 a.m. to 2 p.m. each day from June 10, 2024, through June 16, 2024. The rule does not completely prohibit vessel traffic within the waterway, and it allows mariners to request permission to enter the zone.</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 moving 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 Environmental Planning COMDTINST 5090.1 (series), 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 
                    <PRTPAGE P="50529"/>
                    individually or cumulatively have a significant effect on the human environment. This rule involves establishment of a temporary moving safety zone for navigable waters of the La Quinta Channel between gated pair lights 11 and 12 from the sea buoy. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the rig Valaris 144 while it is towed to Kiewit Offshore Services. It is categorically excluded from further review under paragraph L60(c), in Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1.
                </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, 70051; 70124; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3.</P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="33" PART="165">
                    <AMDPAR>2. Add § 165.T08-0518 to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 165.T08-0518</SECTNO>
                        <SUBJECT>Safety Zone; La Quinta and Corpus Christi Shipping Channel, Ingleside, TX.</SUBJECT>
                        <P>
                            (a) 
                            <E T="03">Location.</E>
                             The following area is a safety zone: all navigable waters of the La Quinta Channel between gated pair lights 11 and 12 to the sea buoy. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Corpus Christi (COTP) or a designated representative.
                        </P>
                        <P>
                            (b) 
                            <E T="03">Enforcement period.</E>
                             This section will be subject to enforcement from 6 a.m. to 2 p.m. each day from June 10, 2024, through June 16, 2024.
                        </P>
                        <P>
                            (c) 
                            <E T="03">Regulations.</E>
                             (1) In accordance with the general regulations in § 165.23 of this part, entry into this temporary, moving safety zone is prohibited unless authorized by the COTP or a designated representative. They may be contacted on Channel 16 VHF-FM (156.8 MHz) or by telephone at 361-939-0450.
                        </P>
                        <P>(2) If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative.</P>
                        <P>
                            (d) 
                            <E T="03">Information broadcasts.</E>
                             The COTP or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety Marine Information Broadcasts as appropriate.
                        </P>
                    </SECTION>
                </REGTEXT>
                <SIG>
                    <DATED>Dated: June 10, 2024.</DATED>
                    <NAME>Jason Gunning,</NAME>
                    <TITLE>Captain, U.S. Coast Guard, Captain of the Port, Sector Corpus Christi.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13139 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9110-04-P</BILCOD>
        </RULE>
        <RULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <CFR>50 CFR Part 622</CFR>
                <DEPDOC>[Docket No. 1206013412-2517-02; RTID 0648-XE023]</DEPDOC>
                <SUBJECT>Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2024 Commercial Trip Limit Reduction and Closure for Gulf of Mexico Greater Amberjack</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; trip limit reduction and closure.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>NMFS reduces the commercial trip limit for greater amberjack in or from the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) to 250 lb (113 kg), gutted weight; 260 lb (118 kg), round weight, on June 16, 2024, as a result of 75 percent of the adjusted commercial quota being reached. Additionally, subsequent to the trip limit reduction, NMFS implements an accountability measure (AM) for Gulf commercial greater amberjack to close commercial harvest when NMFS projects landings have reached the adjusted commercial annual catch target (ACT). The 2024 commercial fishing season for greater amberjack in the Gulf EEZ will close on June 30, 2024, and will remain closed through December 31, 2024. These actions are necessary to protect the Gulf greater amberjack resource.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The commercial trip limit reduction is effective 12:01 a.m., local time, June 16, 2024, until 12:01 a.m., local time, June 30, 2024. The commercial closure is effective 12:01 a.m., local time, June 30, 2024, through December 31, 2024.</P>
                </EFFDATE>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Frank Helies, NMFS Southeast Regional Office, 727-824-5305, or 
                        <E T="03">Frank.Helies@noaa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>NMFS manages the reef fish fishery of the Gulf, which includes greater amberjack, under the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico Fishery Management Council (Council) prepared the FMP, which was approved by the Secretary of Commerce, and NMFS implements the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Unless otherwise specified, all greater amberjack weights discussed in this temporary rule are in round weight.</P>
                <P>Regulations at 50 CFR 622.43(a) specify a commercial trip limit for Gulf greater amberjack of 1,000 pounds (lb; 454 kilogram (kg)), gutted weight, (1,040 lb (472 kg)). Additionally, the commercial trip limit is reduced to 250 lb (113 kg), gutted weight, (260 lb (118 kg)) when 75 percent of the commercial quota (commercial ACT) has been landed.</P>
                <P>On June 15, 2023, NMFS published the final rule implementing Amendment 54 to the FMP (88 FR 39193). Among other measures, that final rule decreased the commercial annual catch limit (ACL) and commercial quota for Gulf greater amberjack. The Amendment 54 final rule set the commercial ACL and quota at 101,000 lb (45,813 kg), and 93,930 lb (42,606 kg), respectively (50 CFR 622.41(a)(1)(iii) and 622.39(a)(1)(v)).</P>
                <P>
                    NMFS previously determined that in 2023, the commercial harvest of greater amberjack exceeded the 2023 commercial ACL of 101,000 lb (45,813 kg) by 35,280 lb (16,003 kg). As described in 50 CFR 622.41(a)(1)(ii), NMFS is required to reduce both the commercial ACL and the commercial quota for greater amberjack in the year following an overage of the commercial ACL, by the amount of any commercial ACL overage. Consistent with the commercial AM, for the 2024 fishing year, NMFS reduced both the commercial ACL and the commercial quota to 65,720 lb (29,810 kg) and 58,650 lb (26,603 kg), respectively (88 FR 90995, November 21, 2023).
                    <PRTPAGE P="50530"/>
                </P>
                <P>On December 18, 2023, NMFS published a final temporary rule to implement emergency measures for Gulf greater amberjack (88 FR 87365). That temporary rule implemented a revised commercial trip limit of seven fish to decrease the likelihood of exceeding the adjusted 2024 catch limits and to extend the 2024 commercial fishing season. The emergency measures are effective through June 15, 2024. On May 15, 2024, NMFS published a proposed rule to implement a framework action recommended by the Council that would modify the commercial trip limit to seven fish (89 FR 42413). However, if implemented, this commercial trip limit will not be effective before NMFS projects that the 2024 adjusted commercial quota will be reached.</P>
                <HD SOURCE="HD1">Commercial Trip Limit Reduction</HD>
                <P>NMFS has determined that when the emergency measures implementing the seven fish commercial trip limit end on June 15, 2024, 75 percent of the Gulf greater amberjack 2024 adjusted commercial quota will have been reached. Accordingly, consistent with 50 CFR 622.43(a)(2), NMFS is reducing the greater amberjack commercial trip limit to 250 lb (113 kg), gutted weight, (260 lb (118 kg)) in or from the Gulf EEZ at 12:01 a.m., local time, June 16, 2024. This reduced commercial trip limit will remain in effect until 12:01 a.m., local time, June 30, 2024, the date that NMFS has projected that the Gulf greater amberjack 2024 adjusted commercial quota will be reached.</P>
                <HD SOURCE="HD1">Commercial AM and Closure</HD>
                <P>Under 50 CFR 622.41(a)(1)(i), NMFS is required to close the greater amberjack commercial sector when the commercial ACT is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that the 2024 adjusted commercial ACT of 58,650 lb (26,603 kg) will be reached as of June 30, 2024. Accordingly, NMFS closes commercial harvest of greater amberjack from the Gulf EEZ effective 12:01 a.m., local time, June 30, 2024, through December 31, 2024.</P>
                <P>During the commercial closure, the sale or purchase of greater amberjack taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of greater amberjack that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, June 30, 2024, and were held in cold storage by a dealer or processor. The commercial sector for greater amberjack will re-open on January 1, 2025, the beginning of the 2025 greater amberjack commercial fishing season.</P>
                <HD SOURCE="HD1">Classification</HD>
                <P>NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.41(a)(1) and 622.43(a)(2), which were issued pursuant to section 304(b) of the Magnuson-Stevens Act, and are exempt from review under Executive Order 12866.</P>
                <P>Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment is unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations associated with the closure of the greater amberjack commercial sector 50 CFR 622.41(a)(1) and the commercial trip limit reduction at 50 CFR 622.43(a)(2) have already been subject to notice and public comment, and all that remains is to notify the public of the trip limit reduction and subsequent closure. Prior notice and opportunity for public comment are contrary to the public interest because there is a need to immediately implement this action to protect the greater amberjack stock. Prior notice and opportunity for public comment would require time and could result in a harvest well in excess of the commercial ACL. NMFS is required to reduce the 2025 commercial ACT and ACL by the amount of any overage of the 2024 commercial ACL, which would reduce the 2025 fishing season.</P>
                <P>For the aforementioned reasons, the Assistant Administrator for Fisheries (AA) also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3).</P>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>
                        16 U.S.C. 1801 
                        <E T="03">et seq.</E>
                    </P>
                </AUTH>
                <SIG>
                    <DATED>Dated: June 10, 2024.</DATED>
                    <NAME>Kelly Denit,</NAME>
                    <TITLE>Director, Office of Sustainable Fisheries, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13046 Filed 6-10-24; 4:15 pm]</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 622</CFR>
                <DEPDOC>[Docket No. 240610-0155]</DEPDOC>
                <RIN>RIN 0648-BN05</RIN>
                <SUBJECT>Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Temporary Measures To Reduce Overfishing of Red Snapper</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; interim measures.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>NMFS implements this final temporary rule to reduce overfishing of red snapper in Federal waters of the South Atlantic. For the 2024 fishing year, this temporary rule reduces the commercial and recreational annual catch limits (ACLs) and revises the authority of the Regional Administrator to change the red snapper recreational season dates under certain adverse weather conditions. This temporary rule also announces the red snapper 2024 commercial and recreational fishing season dates in the South Atlantic. This temporary rule is effective for 180 days. The purpose of this temporary rule is to reduce overfishing of red snapper and to provide notification of the red snapper seasons for 2024.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        This temporary rule is effective on June 14, 2024, through December 11, 2024. The 2024 red snapper commercial season opens at 12:01 a.m., local time, July 8, 2024, until 12:01 a.m., local time, January 1, 2025, unless changed by subsequent notification in the 
                        <E T="04">Federal Register</E>
                        . The 2024 red snapper recreational season opens at 12:01 a.m., local time, on July 12, 2024, and closes at 12:01 a.m., local time, on July 13, 2024.
                    </P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Electronic copies of the environmental assessment (EA) supporting these interim measures, which includes a Regulatory Impact Review (RIR), may be obtained from the Southeast Regional Office website at 
                        <E T="03">https://www.fisheries.noaa.gov/action/2024-south-atlantic-red-snapper-season.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                         Rick DeVictor, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: 
                        <E T="03">rick.devictor@noaa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    NMFS, with the advice of the South Atlantic 
                    <PRTPAGE P="50531"/>
                    Fishery Management Council (Council), manages the snapper-grouper fishery, which includes red snapper, under the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The Council prepared the FMP, and NMFS implements the FMP through regulations at 50 CFR part 622 under authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The EA outlines the rationale for the interim measures contained in this temporary rule, and the EA is available from NMFS (see 
                    <E T="02">ADDRESSES</E>
                     section). A summary of the management measures described in the EA and implemented by this temporary rule is provided below.
                </P>
                <P>All weights described in this temporary rule are in round weight unless otherwise specified.</P>
                <HD SOURCE="HD1">Background</HD>
                <P>NMFS is implementing interim measures to reduce overfishing of South Atlantic red snapper in 2024 by reducing the commercial and recreational ACLs for 2024. NMFS is taking this action in response to the most recent stock assessment for South Atlantic red snapper, Southeast Data, Assessment, and Review (SEDAR) 73 (2021). The action is intended to reduce overfishing of the South Atlantic red snapper stock in the 2024 fishing year, consistent with the Magnuson-Stevens Act and its National Standards. The Magnuson-Stevens Act requires that NMFS and regional fishery management councils prevent overfishing and achieve, on a continuing basis, the optimum yield (OY) from federally managed fish stocks. These mandates are intended to ensure that fishery resources are managed for the greatest overall benefit to the Nation, particularly with respect to providing food production and recreational opportunities and protecting marine ecosystems. NMFS notified the Council in July 2021 that overfishing of red snapper was occurring, but the Council has failed to take action to end overfishing as required by the Magnuson-Stevens Act.</P>
                <P>South Atlantic red snapper is harvested by commercial and recreational fishermen. The current overfishing limit (OFL) and acceptable biological catch (ABC) for red snapper are 56,000 and 53,000 fish, respectively. The total ACL for South Atlantic red snapper is 42,510 fish and is allocated between the commercial sector at 28.07 percent and the recreational sector at 71.93 percent. That allocation ratio results in the current commercial ACL of 124,815 pounds (lb) (56,615 kilograms (kg)) and the recreational ACL of 29,656 fish (50 CFR 622.193(y)). The recreational sector ACL is specified in numbers of fish because that is a more reliable estimate for the recreational sector than specifying the ACL in weight of fish. The current sector ACLs were implemented in 2018 through the final rule to implement Amendment 43 to the FMP (83 FR 35428, July 26, 2018).</P>
                <P>The most recent stock assessment for red snapper in the South Atlantic, SEDAR 73, was completed in 2021 using the Beaufort Assessment Model, which is a statistical catch-at age model, and included data through 2019. The results of SEDAR 73 indicated that the South Atlantic red snapper stock remains overfished and is experiencing overfishing, and the overfishing is being primarily driven by high numbers of dead discards in the recreational sector. NMFS notified the Council via letter dated July 23, 2021, of the status of the red snapper stock in the South Atlantic based on the results of SEDAR 73. Following notification that a stock is undergoing overfishing and is overfished, the Magnuson-Stevens Act requires the development of an FMP, amendment, or regulations with actions that end overfishing immediately and rebuild the affected stock. Amendment 17A to the FMP, among other measures, established a red snapper rebuilding plan and specified a 35-year rebuilding schedule with the rebuilding time period ending in 2044 (75 FR 76874, December 9, 2010). Because SEDAR 73 shows that adequate progress towards rebuilding is being made and the stock is projected to be rebuilt by the end of the rebuilding timeframe, the existing rebuilding plan that was implemented through Amendment 17A does not need to be revised, but action is still required to end overfishing.</P>
                <P>The SEDAR 73 assessment provided information that can be used to update the status determination criteria and various reference points for red snapper, including ABCs and ACLs. The Council's Scientific and Statistical Committee (SSC) reviewed results of the assessment at its April and July 2021 meetings and recommended new values for the stock status criteria and OFL and ABC levels to the Council at the Council's September 2021 meeting. The SSC recommended new ABCs for each year through 2027, and its ABC recommendation for landed fish in 2024 is 31,000 fish or 368,000 lb (166,922 kg). The SSC's ABC recommendations also presumed a level of reductions in red snapper discards that would require action by the Council.</P>
                <P>In response to SEDAR 73, the SSC recommendations, and NMFS's July 2021 notification, the Council considered reducing the red snapper ABCs and ACLs to reduce red snapper landings and changing fishing gear requirements intended to reduce dead discards from the recreational sector through Regulatory Amendment 35 to the FMP (Regulatory Amendment 35). In March 2023, the Council approved Regulatory Amendment 35 for submission to NMFS under section 304(b) of the Magnuson-Stevens Act. However, the Council did not transmit Regulatory Amendment 35 to NMFS, and in December 2023, the Council rescinded its March 2023 action to approve Regulatory Amendment 35 for submission to NMFS. The Council considered the results of a recent pilot study on the possible overestimation of recreational fishing effort, and Council members expressed their individual concerns with Regulatory Amendment 35. The Council requested additional information concerning red snapper at its December 2023 and March 2024 meetings and is not currently developing management measures to begin in 2024 that would address the overfishing of red snapper.</P>
                <P>The Council has failed to end the overfishing of red snapper as required by the Magnuson-Stevens Act. In addition, the Council has failed to develop ACLs for red snapper that do not exceed its SSC's fishing level recommendations as required by the Magnuson-Stevens Act. Therefore, NMFS has determined that interim measures to reduce overfishing are necessary for the 2024 fishing year while more permanent measures to end overfishing of red snapper are being considered, including whether to prepare an amendment developed by the Secretary of Commerce pursuant to section 304(c)(1)(A) of the Magnuson-Stevens Act.</P>
                <P>
                    To reduce overfishing, NMFS is decreasing the red snapper commercial ACL and recreational ACL through this temporary rule for 2024 to reduce the red snapper landings. These ACL values are the same as the SSC's recommended landed ABC values for 2024 based on SEDAR 73 and are the same as what the Council had previously chosen as its preferred alternative in Regulatory Amendment 35. As described in the EA, the total ACL for red snapper is reduced to 31,000 fish. The total ACL is divided by the Council's current allocation ratio for red snapper of 28.07 percent commercial and 71.93 percent recreational. The revised commercial ACL is 85,268 lb (38,677 kg) and the revised recreational ACL is 21,167 fish. The commercial sector ACL is set in pounds of fish because the commercial 
                    <PRTPAGE P="50532"/>
                    sector reports landings in weight, and weight is a more accurate representation of commercial landings. The commercial ACL is calculated using the average of the estimated annual average weights of red snapper commercially landed from 2017 to 2019, which is 8.67 lb (3.93 kg) per fish, as derived from SEDAR 73. The ACL for the recreational sector is specified in numbers of fish because numbers of fish are a more reliable estimate for the recreational sector than specifying the ACL in weight of fish.
                </P>
                <P>NMFS has determined that the action to temporarily reduce the sector ACLs will reduce overfishing of the South Atlantic red snapper stock in the 2024 fishing year, consistent with the Magnuson-Stevens Act, 16 U.S.C. 1855(c)(1), while minimizing adverse effects to the commercial and recreational sectors.</P>
                <P>
                    In addition to the interim measures revising the red snapper sector ACLs, NMFS is also implementing interim measures through this temporary rule to revise the authority of the NMFS Southeast Regional Administrator (RA) to change the red snapper recreational season opening and closing dates due to certain adverse weather conditions. Currently, the RA may modify the opening and closing dates of the fishing season if tropical storm or hurricane conditions exist, or are projected to exist, in the South Atlantic during a red snapper fishing season (50 CFR 622.183(b)(5)(ii)). The regulations state that if the RA determines tropical storm or hurricane conditions exist, or are projected to exist, in the South Atlantic, during a commercial or recreational fishing season, the RA may modify the opening and closing dates of the fishing season by filing a notification to that effect with the Office of the Federal Register and announcing via NOAA Weather Radio and a Fishery Bulletin any change in the dates of the red snapper commercial or recreational fishing season. This flexibility for certain weather conditions was established to enhance safety at sea during the fishing season and to help achieve OY by increasing fishing opportunities in the case of tropical weather during an announced season that could limit access. The reduced recreational ACL of 21,167 fish results in a 1-day recreational fishing season in 2024, as discussed later in this temporary rule. In consideration of the 1-day recreational fishing season announced in this temporary rule, NMFS is providing the RA greater flexibility to modify the recreational fishing season dates in case of adverse weather that is classified by the National Weather Service (NWS) at least as severe as a Small Craft Advisory. For the South Atlantic, the NWS defines a Small Craft Advisory as sustained winds of 20 to 33 knots (10 to 17 meters/second), and/or forecast seas of 7 feet (2.1 meters) or greater that are expected for more than 2 hours (
                    <E T="03">https://weather.gov/marine/cwd</E>
                    ). Specifically, the RA may modify the opening and closing dates of the recreational fishing season if the RA determines that conditions that result in weather at least as severe as a Small Craft Advisory exist, or are projected to exist, during the announced recreational season in the South Atlantic. In such circumstances, the RA will file a notice to change the recreational season dates with the Office of the Federal Register and announce it via NOAA Weather Radio and a Fishery Bulletin. NMFS has determined that for the 2024 fishing year this interim measure may help mitigate derby-style (race-to-fish) conditions in such adverse weather and is also being implemented to be consistent with Magnuson-Stevens Act National Standard 10 to promote safety of life at sea to the extent practicable. However, as discussed in the National Standard 10 Guidelines, this measure does not replace the judgment or relieve the responsibility of the vessel master related to vessel safety. “The safety of a vessel and the people aboard is ultimately the responsibility of the master of that vessel. Each master makes many decisions about vessel maintenance and loading and about the capabilities of the vessel and crew to operate safely in a variety of weather and sea conditions.” (50 CFR 600.355(b)(3))
                </P>
                <P>The interim measures implemented by this temporary rule would be expected to decrease net economic benefits to the commercial and recreational sectors by $913,274 in the 2024 fishing year (in 2022 dollars) compared to taking no action. However, this reduction in net economic benefits is less than the expected reductions under any of the other action alternatives considered by NMFS and discussed in the EA. Further, the action would result in biological benefits to the red snapper stock by reducing landings in 2024 and reducing overfishing. The reduced ACLs in this temporary rule are expected to help minimize future adverse social and economic effects by potentially decreasing further reductions in the allowable harvest levels required to end overfishing of red snapper that would be required through future action.</P>
                <HD SOURCE="HD2">Red Snapper Fishing Season</HD>
                <P>
                    Red snapper may only be harvested or possessed in or from the South Atlantic Federal waters during the respective commercial and recreational seasons. Each year, NMFS announces the season opening dates in the 
                    <E T="04">Federal Register</E>
                     (50 CFR 622.183(b)(5)). The commercial season begins on the second Monday in July, unless otherwise specified. The commercial accountability measure (AM) requires the sector to close for the remainder of the fishing year if commercial landings reach or are projected to reach the commercial ACL. The recreational season, which consists of weekends only (Fridays, Saturdays, and Sundays), begins on the second Friday in July, unless otherwise specified. NMFS projects the length of the recreational fishing season and announces the recreational fishing season end date in the 
                    <E T="04">Federal Register</E>
                    . During the season, the commercial trip limit is 75 lb (34 kg), gutted weight and the recreational bag limit is 1 fish per person.
                </P>
                <P>As a result of the interim measures in this temporary rule, there will be shorter commercial and recreational fishing seasons for red snapper than in previous years. The length of the red snapper commercial season has ranged from 43 to 114 days since 2017. For 2024, based on the reduced commercial ACL and as described in the EA, NMFS has projected that the commercial season will be open for 35 days but will monitor commercial landings during the season and announce a closure for the commercial sector when commercial landings reach, or are projected to reach, the commercial ACL. The length of the red snapper recreational season has ranged from 2-9 days since 2017. For 2024, based on the reduced recreational ACL and as described in the EA, NMFS determined the average of 2021, 2022 and preliminary 2023 landings scenario is the most appropriate to use to determine the 2024 fishing season, and the length of the recreational season for red snapper will be 1 day.</P>
                <HD SOURCE="HD1">Management Measures Contained in This Temporary Rule</HD>
                <P>
                    During the effectiveness of this temporary rule in 2024, the total ACL for red snapper is 31,000 fish. This temporary rule revises the commercial and recreational ACLs using the existing sector allocation ratios. Therefore, during the effectiveness of this temporary rule, the commercial ACL is reduced from 124,815 lb (56,615 kg) to 85,268 lb (38,677 kg) and the recreational ACL is reduced from 29,656 fish to 21,167 fish.
                    <PRTPAGE P="50533"/>
                </P>
                <P>The temporary reductions in the ACLs being implemented through this temporary rule are expected to result in earlier in-season closures in 2024, particularly for the commercial sector. The earlier closures would likely result in short-term adverse social and economic effects. However, NMFS expects the temporary ACLs to minimize future adverse social and economic effects by potentially reducing future reductions in the ACLs required to end overfishing. The temporary ACLs would also provide biological benefits to the red snapper stock by reducing the current levels of fishing mortality.</P>
                <P>This temporary rule also revises the authority of the RA to change the red snapper recreational season opening and closing dates based on certain adverse weather conditions. As previously discussed, if the RA determines that weather conditions classified by the NWS as a Small Craft Advisory or more severe exist, or are projected to exist, during an announced recreational season in the South Atlantic, the RA may modify the opening and closing dates of the recreational fishing season by filing a notification to that effect with the Office of the Federal Register, and announcing via NOAA Weather Radio and a Fishery Bulletin any change in the dates of the red snapper recreational fishing season.</P>
                <P>The current weather flexibility authority of the RA for the commercial sector will not change as a result of this temporary rule. Given the longer length of the commercial fishing season, there is more time and greater flexibility for commercial fishermen to decide when to go to sea and when not to in consideration of adverse weather conditions, and NMFS does not expect derby-like conditions in the commercial sector.</P>
                <P>
                    Unless NMFS communicates a recreational fishing season date change as described in this temporary rule, the 2024 recreational season will open and close as specified in the 
                    <E T="02">DATES</E>
                     section of this temporary rule. The interim measures to revise the RA's authority to allow for changing the recreational season opening date in the case of a Small Craft Advisory or worse weather does not automatically mean that the recreational season dates would change if these conditions were to exist, or were projected to exist, in the South Atlantic. The interim measures only provide the RA greater flexibility of his authority when making weather-related decisions with respect to the recreational season.
                </P>
                <P>
                    NMFS determined that this temporary rule is necessary to reduce overfishing of red snapper in the South Atlantic. NMFS considers this action to be based on the best scientific information available. This temporary rule is effective for 180 days after the date of publication in the 
                    <E T="04">Federal Register</E>
                    , as authorized by section 305(c) of the Magnuson-Stevens Act. NMFS will not be extending the effectiveness of the interim measures past 180 days since consistent with 50 CFR 622.183(b)(5) and 622.193(y), NMFS will have already announced the commercial and recreational fishing seasons for 2024 and the seasons will be closed by the time this temporary rule expires.
                </P>
                <P>NMFS and the Council will continue to explore new management measures to address red snapper overfishing in the long term. These measures could include a future amendment to the FMP developed by and recommended by the Council, as well as the preparation of a plan amendment developed by the Secretary.</P>
                <HD SOURCE="HD1">2024 Commercial and Recreational Fishing Season Dates</HD>
                <P>In addition to reducing the sector ACLs for the 2024 fishing year, this temporary rule announces the red snapper commercial season opening date and the recreational season opening and closing dates for the 2024 fishing year. The 2024 commercial and recreational season lengths are determined using the temporary revised sector ACLs. This temporary rule does not alter the existing regulations with respect to the fishing season structure or announcement.</P>
                <P>
                    For the commercial sector, and consistent with the regulations in 50 CFR 622.183(b)(5), the 2024 red snapper commercial season opens on July 8, 2024, and will remain open until 12:01 a.m., local time, on January 1, 2025, unless the commercial ACL is reached or projected to be reached prior to this date. NMFS will monitor commercial landings during the open season, and if commercial landings reach or are projected to reach the commercial ACL, then NMFS will file a notification with the Office of the Federal Register to close the commercial sector for red snapper for the remainder of the fishing year. On or after the effective date of a commercial closure notification, all sale or purchase of red snapper is prohibited and harvest or possession of red snapper is limited to the bag and possession limits if recreational harvest is still allowed. This bag and possession limit and the prohibition on sale/purchase apply in the South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued without regard to where such species were harvested or possessed, 
                    <E T="03">i.e.,</E>
                     in state or Federal waters. On and after the effective date of a recreational closure notification, the bag and possession limits for red snapper are zero. During the commercial fishing season, the commercial trip limit is 75 lb (34 kg), gutted weight.
                </P>
                <P>For the recreational sector, and consistent with the regulations in 50 CFR 622.183(b)(5), including the interim measures in 50 CFR 622.183(b)(5)(iii), the 2024 red snapper recreational season opens at 12:01 a.m., local time, on July 12, 2024, and closes at 12:01 a.m., local time, on July 13, 2023. During the recreational season, the recreational bag limit is one red snapper per person, per day. The length of the recreational fishing season serves as the AM for the recreational sector. The length of the red snapper recreational season is projected based on catch rate estimates from previous years to avoid the recreational ACL that is in effect from being exceeded. After the closure of the recreational sector, the recreational bag and possession limits for red snapper are zero.</P>
                <P>There is not a red snapper minimum or maximum size limit for the commercial and recreational sectors during the open seasons.</P>
                <HD SOURCE="HD2">Exempted Fishing Permits (EFPs) and Other Activity</HD>
                <P>Separate from the specific action in this temporary rule, there are projects underway in the South Atlantic in 2024 that will inform the future management of red snapper and the snapper-grouper fishery. These include NMFS-funded projects to test innovative management practices through EFPs, the Council-funded Management Strategy Evaluation (MSE) of the snapper-grouper fishery, and the South Atlantic Red Snapper Research Program (SARSRP).</P>
                <P>
                    In early 2024, NMFS recommended funding five projects totaling $879,211 that would explore new approaches to better understand and reduce red snapper dead discards and increase fishing opportunities in the South Atlantic snapper-grouper fishery. The projects include testing innovative management strategies such as lotteries and limits to the number of trips for the recreational sector. Other projects would characterize recreational red snapper fishing behavior, catch, and discard composition, in addition to testing the use of portable electronic monitoring systems by recreational fishermen to collect information. If funded, NMFS expects project funds to be available later this summer. Three of the projects that NMFS may fund would require EFPs issued to the Florida Fish and Wildlife Conservation Commission 
                    <PRTPAGE P="50534"/>
                    (FWC). Through EFPs, NMFS may authorize, among other things, the target or incidental harvest of species that would otherwise be prohibited for limited testing and data collection (50 CFR 600.745(b)). The FWC submitted applications for these EFPs and NMFS took public comments on the applications through April 22, 2024 (89 FR 23977, April 5, 2024, and 89 FR 23979, April 5, 2024).
                </P>
                <P>In addition, there are two other ongoing projects to gain information on the snapper-grouper fishery: the MSE and the SARSRP. The Council-funded MSE is currently being conducted for the entire snapper-grouper fishery. The MSE is a process that would allow scientists and managers to evaluate and test various management strategies to determine how best they will perform and meet management goals. The Council is scheduled to review the results of the MSE in December 2024. The SARSRP is being conducted to produce an independent estimate of the population size of South Atlantic red snapper aged 2 years and older from North Carolina through Florida. This study will help inform the next stock assessment for red snapper, which is expected to begin later in 2024 (SEDAR 90).</P>
                <HD SOURCE="HD1">Classification</HD>
                <P>This action is issued pursuant to section 305(c) of the Magnuson-Stevens Act, 16 U.S.C. 1855(c). The Assistant Administrator (AA) for Fisheries, NOAA, has determined that this temporary rule is consistent with the Magnuson-Stevens Act, the FMP, and other applicable law. This action is being taken pursuant to the emergency provisions of the Magnuson-Stevens Act and is exempt from Office of Management and Budget review.</P>
                <P>The AA finds good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B). Providing prior notice and opportunity for public comment on this action would be contrary to the public interest. The red snapper stock in the South Atlantic was assessed through SEDAR 73 in 2021. The assessment indicates that the stock is overfished and continues to undergo overfishing. The Council's SSC made final catch level recommendations in September 2021, and the Council considered these recommendations in Regulatory Amendment 35. The Council considered measures to reduce overfishing in Regulatory Amendment 35 and approved measures to reduce red snapper catch levels in Regulatory Amendment 35 in March 2023, then rescinded its approval in December 2023 and did not submit Regulatory Amendment 35 to NMFS. The Council has not recommended any actions be taken that would reduce overfishing of the red snapper stock in the 2024 fishing year.</P>
                <P>Because the Council has failed to meet the Magnuson-Stevens Act requirement to end overfishing of red snapper and develop revised catch limits that do not exceed its SSC's catch limit recommendations, NMFS has determined that interim measures to reduce overfishing of red snapper are necessary for the 2024 fishing season. Thus, this temporary rule reduces the sector ACLs for red snapper in the 2024 fishing season, announces the red snapper 2024 commercial and recreational fishing season dates in the South Atlantic, and implements additional authority for the RA to change the red snapper recreational season dates in the case of adverse weather. If NMFS were to provide prior notice and comment, NMFS would be unable to implement these measures prior to the beginning of the 2024 fishing year. Further, because the seasons begin in early July, announcing the length of the fishing seasons now allows each sector to prepare for the upcoming harvest, provides opportunity to charter vessel and headboat (for-hire) fishing vessels to book trips that could increase their revenues and profits, and gives the South Atlantic states the time needed to prepare for their respective data collection needs for the season. Therefore, the reductions in the commercial and recreational ACLs for red snapper, the announcement of the red snapper 2024 commercial and recreational fishing season dates, and implementation of the weather flexibility provision for the red snapper recreational season opening date must be implemented immediately, and prior notice and opportunity for public comment would be contrary to the public interest.</P>
                <P>The need to implement these measures immediately for the reasons stated above also constitutes good cause under authority contained in 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness of the rule.</P>
                <P>This final temporary rule is exempt from the procedures of the Regulatory Flexibility Act because the rule is issued without opportunity for prior notice and opportunity for public comment pursuant to 5 U.S.C. 553 or other law. Accordingly, no regulatory flexibility analysis is required and none has been prepared.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 50 CFR Part 622</HD>
                    <P>Annual catch limits, Commercial, Fisheries, Fishing, Recreational, Red Snapper, South Atlantic.</P>
                </LSTSUB>
                <SIG>
                    <DATED>Dated: June 11, 2024.</DATED>
                    <NAME>Samuel D. Rauch III,</NAME>
                    <TITLE>Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.</TITLE>
                </SIG>
                <P>For the reasons set out in the preamble, 50 CFR part 622 is amended as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC</HD>
                </PART>
                <REGTEXT TITLE="50" PART="622">
                    <AMDPAR>1. The authority citation for part 622 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P>
                             16 U.S.C. 1801 
                            <E T="03">et seq.</E>
                        </P>
                    </AUTH>
                </REGTEXT>
                <REGTEXT TITLE="50" PART="622">
                    <AMDPAR>2. In § 622.183, suspend paragraph (b)(5)(ii) and add paragraph (b)(5)(iii) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 622.183</SECTNO>
                        <SUBJECT>Area and seasonal closures.</SUBJECT>
                        <STARS/>
                        <P>(b) * * *</P>
                        <P>(5) * * *</P>
                        <P>(iii) For the commercial sector, if the RA determines tropical storm or hurricane conditions exist, or are projected to exist, in the South Atlantic during a commercial fishing season, the RA may modify the opening and closing dates of the fishing season by filing a notification to that effect with the Office of the Federal Register and announcing via NOAA Weather Radio and a Fishery Bulletin any change in the dates of the red snapper commercial fishing season. For the recreational sector, if the RA determines that weather conditions classified by the National Weather Service at least as severe as a small craft advisory exist, or are projected to exist, in the South Atlantic EEZ, the RA may modify the opening and closing dates of the recreational fishing season by filing a notification to that effect with the Office of the Federal Register and announcing via NOAA Weather Radio and a Fishery Bulletin any change in the dates of the red snapper recreational fishing season.</P>
                        <STARS/>
                    </SECTION>
                </REGTEXT>
                <REGTEXT TITLE="50" PART="622">
                    <AMDPAR>3. In § 622.193, suspend paragraph (y) and add paragraph (aa) to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 622.193</SECTNO>
                        <SUBJECT>Annual catch limits (ACLs) and accountability measures (AMs).</SUBJECT>
                        <STARS/>
                        <P>
                            (aa) 
                            <E T="03">Red snapper</E>
                            —(1) 
                            <E T="03">Commercial sector.</E>
                             The commercial ACL for red snapper is 85,268 lb (38,677 kg), round weight. See § 622.183(b)(5) for details on the commercial fishing season. NMFS 
                            <PRTPAGE P="50535"/>
                            will monitor commercial landings during the season, and if commercial landings, as estimated by the SRD, reach or are projected to reach the commercial ACL, the AA will file a notification with the Office of the Federal Register to close the commercial sector for red snapper for the remainder of the year. On and after the effective date of the closure notification, all sale or purchase of red snapper is prohibited and harvest or possession of red snapper is limited to the recreational bag and possession limits and only during such time as harvest by the recreational sector is allowed as described in § 622.183(b)(5). This bag and possession limit and the prohibition on sale/purchase apply in the South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, without regard to where such species were harvested or possessed, 
                            <E T="03">i.e.,</E>
                             in state or Federal waters.
                        </P>
                        <P>
                            (2) 
                            <E T="03">Recreational sector.</E>
                             The recreational ACL for red snapper is 21,167 fish. The AA will file a notification with the Office of the Federal Register to announce the length of the recreational fishing season for the current fishing year. The length of the recreational fishing season for red snapper serves as the in-season accountability measure. See § 622.183(b)(5) for details on the recreational fishing season. On and after the effective date of the recreational closure notification, the bag and possession limits for red snapper are zero.
                        </P>
                    </SECTION>
                </REGTEXT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13161 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </RULE>
    </RULES>
    <VOL>89</VOL>
    <NO>116</NO>
    <DATE>Friday, June 14, 2024</DATE>
    <UNITNAME>Proposed Rules</UNITNAME>
    <PRORULES>
        <PRORULE>
            <PREAMB>
                <PRTPAGE P="50536"/>
                <AGENCY TYPE="F">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 71</CFR>
                <DEPDOC>[Docket No. FAA-2024-1655; Airspace Docket No. 24-ANE-4]</DEPDOC>
                <RIN>RIN 2120-AA66</RIN>
                <SUBJECT>Establishment of Class E Airspace; Matinicus Island, ME</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of proposed rulemaking (NPRM).</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This action proposes to establish Class E airspace extending upward from 700 feet above the surface for Matinicus Island Airport, Matinicus Island, ME, to accommodate new area navigation (RNAV) global positioning system (GPS) standard instrument approach procedures serving this airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at this airport.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before July 29, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Send comments identified by FAA Docket No. FAA-2024-1655 and Airspace Docket No. 24-ANE-4 using any of the following methods:</P>
                    <P>
                        * 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">www.regulations.gov</E>
                         and follow the online instructions for sending your comments electronically.
                    </P>
                    <P>
                        * 
                        <E T="03">Mail:</E>
                         Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.
                    </P>
                    <P>
                        * 
                        <E T="03">Hand Delivery or Courier:</E>
                         Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except for Federal holidays.
                    </P>
                    <P>
                        * 
                        <E T="03">Fax:</E>
                         Fax comments to Docket Operations at (202) 493-2251.
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         Background documents or comments received may be read at 
                        <E T="03">www.regulations.gov</E>
                         at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except for Federal holidays.
                    </P>
                    <P>
                        FAA Order JO 7400.11H Airspace Designations and Reporting Points and subsequent amendments can be viewed online at 
                        <E T="03">www.faa.gov/air_traffic/publications/.</E>
                         You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, 1701 Columbia Av., College Park, GA 30337; telephone (404) 305-6364.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority, as it would establish Class E airspace extending upward from 700 feet above the surface at Matinicus Island Airport, Matinicus Island, ME, to support standard instrument approach procedures for IFR operations at this airport.</P>
                <HD SOURCE="HD1">Comments Invited</HD>
                <P>The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should submit only one time if comments are filed electronically, or commenters should send only one copy of written comments if comments are filed in writing.</P>
                <P>The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The FAA may change this proposal in light of the comments it receives.</P>
                <P>
                    <E T="03">Privacy:</E>
                     In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to 
                    <E T="03">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">Availability of Rulemaking Documents</HD>
                <P>
                    An electronic copy of this document may be downloaded through the internet at 
                    <E T="03">www.regulations.gov.</E>
                     Recently published rulemaking documents can also be accessed through the FAA's web page at 
                    <E T="03">www.faa.gov/air_traffic/publications/airspace_amendments/.</E>
                </P>
                <P>
                    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Operations office (see 
                    <E T="02">ADDRESSES</E>
                     section for address, phone number, and hours of operations). An informal docket may also be examined during regular business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA, 30337.
                </P>
                <HD SOURCE="HD1">Incorporation by Reference</HD>
                <P>
                    Class E airspace designations are published in Paragraphs 6005 of FAA 
                    <PRTPAGE P="50537"/>
                    Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document proposes to amend the current version of that order, FAA Order JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. These updates will be published in the next update to FAA Order JO 7400.11. That order is publicly available as listed in the 
                    <E T="02">ADDRESSES</E>
                     section of this document.
                </P>
                <P>FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.</P>
                <HD SOURCE="HD1">The Proposal</HD>
                <P>The FAA proposes an amendment to 14 CFR part 71 to establish Class E airspace extending upward from 700 feet above the surface within a 6-mile radius of Matinicus Island Airport, Matinicus Island, ME, providing the controlled airspace required to support the new RNAV (GPS) standard instrument approach procedures for IFR operations at the airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area.</P>
                <HD SOURCE="HD1">Regulatory Notices and Analyses</HD>
                <P>The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore, (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <HD SOURCE="HD1">Environmental Review</HD>
                <P>This proposal would be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures,” prior to any FAA final regulatory action.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 71</HD>
                    <P>Airspace, Incorporation by reference, Navigation (air).</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Proposed Amendment</HD>
                <P>In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS</HD>
                </PART>
                <AMDPAR>1. The authority citation for part 71 continues to read as follows:</AMDPAR>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P>49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.</P>
                </AUTH>
                <SECTION>
                    <SECTNO>§ 71.1</SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <AMDPAR>2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows:</AMDPAR>
                <EXTRACT>
                    <HD SOURCE="HD2">Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth.</HD>
                    <STARS/>
                    <HD SOURCE="HD1">ANE ME E5 Matinicus Island, ME [New]</HD>
                    <FP SOURCE="FP-2">Matinicus Island Airport, ME</FP>
                    <FP SOURCE="FP1-2">(Lat 43°52′17″ N, long 68°53′37″ W)</FP>
                    <P>That airspace extending upward from 700 feet above the surface within a 6-mile radius of Matinicus Island Airport, ME</P>
                    <STARS/>
                </EXTRACT>
                <SIG>
                    <DATED>Issued in College Park, Georgia, on June 10, 2024.</DATED>
                    <NAME>Patrick Young,</NAME>
                    <TITLE>Manager, Airspace &amp; Procedures Team South, Eastern Service Center, Air Traffic Organization.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13035 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 71</CFR>
                <DEPDOC>[Docket No. FAA-2024-1707; Airspace Docket No. 24-ASW-4]</DEPDOC>
                <RIN>RIN 2120-AA66</RIN>
                <SUBJECT>Amendment of VOR Federal Airways V-68, V-76, V-212, V-222, and V-558, and United States Area Navigation Routes T-220 in the Vicinity of Industry, TX</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of proposed rulemaking (NPRM).</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This action proposes to amend Very High Frequency Omnidirectional Range (VOR) Federal Airways V-68, V-76, V-212, V-222, and V-558, and United States Area Navigation (RNAV) Route T-220. The FAA is proposing this action due to the planned decommissioning of the VOR portion of the Industry, TX (IDU), VOR/Tactical Air Navigation (VORTAC) navigational aid (NAVAID). The Industry VOR is being decommissioned in support of the FAA's VOR Minimum Operational Network (MON) Program.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before July 29, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Send comments identified by FAA Docket No. FAA-2024-1707 and Airspace Docket No. 24-ASW-4 using any of the following methods:</P>
                    <P>
                        * 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">www.regulations.gov</E>
                         and follow the online instructions for sending your comments electronically.
                    </P>
                    <P>
                        * 
                        <E T="03">Mail:</E>
                         Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.
                    </P>
                    <P>
                        * 
                        <E T="03">Hand Delivery or Courier:</E>
                         Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        * 
                        <E T="03">Fax:</E>
                         Fax comments to Docket Operations at (202) 493-2251.
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         Background documents or comments received may be read at 
                        <E T="03">www.regulations.gov</E>
                         at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        FAA Order JO 7400.11H, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at 
                        <E T="03">www.faa.gov/air_traffic/publications/.</E>
                         You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Colby Abbott, Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>
                    The FAA's authority to issue rules regarding aviation safety is found in 
                    <PRTPAGE P="50538"/>
                    Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would modify the National Airspace System (NAS) as necessary to preserve the safe and efficient flow of air traffic.
                </P>
                <HD SOURCE="HD1">Comments Invited</HD>
                <P>The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should submit only one time if comments are filed electronically, or commenters should send only one copy of written comments if comments are filed in writing.</P>
                <P>The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it receives on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. The FAA may change this proposal in light of the comments it receives.</P>
                <P>
                    <E T="03">Privacy:</E>
                     In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to 
                    <E T="03">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">Availability of Rulemaking Documents</HD>
                <P>
                    An electronic copy of this document may be downloaded through the internet at 
                    <E T="03">www.regulations.gov.</E>
                     Recently published rulemaking documents can also be accessed through the FAA's web page at 
                    <E T="03">www.faa.gov/air_traffic/publications/airspace_amendments/.</E>
                </P>
                <P>
                    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Operations office (see 
                    <E T="02">ADDRESSES</E>
                     section for address, phone number, and hours of operations). An informal docket may also be examined during normal business hours at the office of the Operations Support Group, Central Service Center, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177.
                </P>
                <HD SOURCE="HD1">Incorporation by Reference</HD>
                <P>
                    VOR Federal Airways are published in paragraph 6010(a) and United States Area Navigation Routes (T-routes) are published in paragraph 6011 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document proposes to amend the current version of that order, FAA Order JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. These updates would be published in the next update to FAA Order JO 7400.11. That order is publicly available as listed in the 
                    <E T="02">ADDRESSES</E>
                     section of this document.
                </P>
                <P>FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.</P>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The FAA is planning to decommission the Industry, TX, VOR in February 2025. The Industry VOR was one of the candidate VORs identified for discontinuance by the FAA's VOR MON program and listed in the final policy statement notice, “Provision of Navigation Services for the Next Generation Air Transportation System (NextGen) Transition to Performance-Based Navigation (PBN) (Plan for Establishing a VOR Minimum Operational Network),” published in the 
                    <E T="04">Federal Register</E>
                     on July 26, 2016 (81 FR 48694), Docket No. FAA-2011-1082.
                </P>
                <P>Although the VOR portion of the Industry, TX, VORTAC is planned for decommissioning, the co-located Tactical Air Navigation (TACAN) portion of the NAVAID, which includes Distance Measuring Equipment (DME), would be retained to provide navigational service for military aircraft operations. The DME service would support current and future NextGen PBN flight procedure requirements.</P>
                <P>The Air Traffic Service (ATS) routes affected by the Industry VOR decommissioning are VOR Federal Airways V-68, V-76, V-212, V-222, and V-558, and RNAV Route T-220. With the planned decommissioning of the Industry VOR, the remaining ground-based NAVAID coverage in the area is insufficient to enable the continuity of the affected airways. As such, proposed modifications to V-222 would result in the existing gap in the airway being increased; to V-68, V-76, V-212, and V-558 would result in the airways being shortened; and to T-220 would result in the Industry VORTAC route point being replaced by a Waypoint (WP) and the route being extended westward.</P>
                <P>To address the proposed modifications to the affected VOR Federal airways, instrument flight rules (IFR) traffic could use portions of adjacent VOR Federal Airways V-17 and V-574 or request and receive air traffic control (ATC) radar vectors to fly through the affected area. IFR pilots operating aircraft equipped with RNAV capabilities could use RNAV Routes T-220 and T-466 or navigate point-to-point using the existing Fixes and WPs that will remain in place to support continued operations though the affected area. Visual flight rules pilots who elect to navigate via the affected airways could also take advantage of the adjacent VOR Federal airways or ATC services listed previously.</P>
                <P>To further mitigate the proposed modifications to the affected VOR Federal airways, the FAA also proposes to modify RNAV Route T-220 by replacing the Industry VORTAC route point with the MNURE, TX, WP and extending the route westward to MARCS, TX, Fix. The extended T-route would provide pilots with RNAV equipped aircraft a route alternative through the affected area, reduce ATC sector workload and complexity, reduce pilot-to-controller communication, and support the FAA's continued NextGen efforts to modernize the NAS from a ground-based system to a satellite-based system.</P>
                <HD SOURCE="HD1">The Proposal</HD>
                <P>The FAA is proposing to amend 14 CFR part 71 by amending VOR Federal Airways V-68, V-76, V-212, V-222, and V-558, and RNAV Route T-220. The FAA is proposing this action due to the planned decommissioning of the VOR portion of the Industry, TX, VORTAC NAVAID. The proposed ATS route actions are described below.</P>
                <P>
                    <E T="03">V-68:</E>
                     V-68 currently extends between the Montrose, CO, VOR/Distance Measuring Equipment (VOR/DME) and the Industry, TX, VORTAC. The FAA proposes to remove the airway segment between the San Antonio, TX, 
                    <PRTPAGE P="50539"/>
                    VORTAC and the Industry VORTAC. Additionally, the FAA proposes to remove the designated Federal airway floor information in the airway description between the Corona, NM, VORTAC and the Chisum, NM, VORTAC. The Federal airway floor information was a legacy method for designating the floors of Federal airways that is unnecessary today due to 14 CFR part 95, IFR Altitudes, Minimum Enroute Altitude (MEA) and Minimum Obstruction Clearance Altitude (MOCA) analysis and determination requirements accomplished for ATS routes and route segments. As amended, the airway would extend between the Montrose VOR/DME and the San Antonio VORTAC.
                </P>
                <P>
                    <E T="03">V-76:</E>
                     V-76 currently extends between the Lubbock, TX, VORTAC and the Industry, TX, VORTAC. The FAA proposes to remove the airway segment between the Centex, TX, VORTAC and the Industry VORTAC. As amended, the airway would extend between the Lubbock VORTAC and the Centex VORTAC. Additional changes to the airway have been proposed in a separate NPRM.
                </P>
                <P>
                    <E T="03">V-212:</E>
                     V-212 currently extends between the Industry, TX, VORTAC and the Mc Comb, MS, VORTAC. The FAA proposes to remove the airway segment between the Industry VORTAC and the Navasota, TX, VOR/DME. As amended, the airway would extend between the Navasota VOR/DME and the Mc Comb VORTAC.
                </P>
                <P>
                    <E T="03">V-222:</E>
                     V-222 currently extends between the El Paso, TX, VORTAC and the Humble, TX, VORTAC; and between the Lake Charles, LA, VORTAC and the intersection of the LaGrange, GA, VORTAC 048° and Rome, GA, VORTAC 166° radials (TIROE Fix). The FAA proposes to remove the airway segment between the Stonewall, TX, VORTAC and the Humble, TX, VORTAC. Additionally, the FAA proposes to remove the designated Federal airway floor information in the airway description between the Fort Stockton, TX, VORTAC and the Junction, TX, VORTAC. The Federal airway floor information was a legacy method for designating the floors of Federal airways that is unnecessary today due to 14 CFR part 95, IFR Altitudes, MEA and MOCA analysis and determination requirements accomplished for ATS routes and route segments. As amended, the airway would extend between the El Paso VORTAC and the Stonewall VORTAC, and between the Lake Charles VORTAC and the TIROE Fix.
                </P>
                <P>
                    <E T="03">V-558:</E>
                     V-558 currently extends between the Llano, TX, VORTAC and the Industry, TX, VORTAC. The FAA proposes to remove the airway segment between the Centex, TX, VORTAC and the Industry VORTAC. As amended, the airway would extend between the Llano VORTAC and the Centex VORTAC. Additional changes to the airway have been proposed in a separate NPRM.
                </P>
                <P>
                    <E T="03">T-220:</E>
                     T-220 currently extends between the Industry, TX, VORTAC and the Sabine Pass, TX, VOR/DME. The FAA proposes to replace the Industry VORTAC route point with the MNURE, TX, WP located approximately 2 nautical miles north of the Industry VORTAC and extend the route westward from the MNURE WP to the MARCS, TX, Fix. The route extension would mitigate the removal of the V-68 and V-558 airway segments between the MARCS Fix and the Industry VORTAC. As amended, the route would extend between the MARCS Fix and the Sabine Pass VORTAC. The full T-220 route description is listed in the regulatory text of this NPRM.
                </P>
                <P>The NAVAID radials listed in the VOR Federal airway descriptions in the regulatory text of this NPRM are unchanged and stated in degrees True north.</P>
                <HD SOURCE="HD1">Regulatory Notices and Analyses</HD>
                <P>The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <HD SOURCE="HD1">Environmental Review</HD>
                <P>This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 71</HD>
                    <P>Airspace, Incorporation by reference, Navigation (air).</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Proposed Amendment</HD>
                <P>In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS</HD>
                </PART>
                <AMDPAR>1. The authority citation for 14 CFR part 71 continues to read as follows:</AMDPAR>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P> 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.</P>
                </AUTH>
                <SECTION>
                    <SECTNO>§ 71.1</SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <AMDPAR>2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows:</AMDPAR>
                <EXTRACT>
                    <HD SOURCE="HD2">Paragraph 6010(a) Domestic VOR Federal Airways.</HD>
                    <STARS/>
                    <HD SOURCE="HD1">V-68 [Amended]</HD>
                    <P>From Montrose, CO; Cones, CO; Dove Creek, CO; Cortez, CO; Rattlesnake, NM; INT Rattlesnake 128° and Albuquerque, NM, 345° radials; Albuquerque; INT Albuquerque 120° and Corona, NM, 311° radials; Corona; Chisum, NM; Hobbs, NM; Midland, TX; San Angelo, TX; Junction, TX; Center Point, TX; to San Antonio, TX.</P>
                    <STARS/>
                    <HD SOURCE="HD1">V-76 [Amended]</HD>
                    <P>From Lubbock, TX; INT Lubbock 188° and Big Spring, TX, 286° radials; Big Spring; San Angelo, TX; Llano, TX; to Centex, TX.</P>
                    <STARS/>
                    <HD SOURCE="HD1">V-212 [Amended]</HD>
                    <P>From Navasota, TX; INT Navasota 019° and Lufkin, TX, 250° radials; Lufkin; Alexandria, LA; to Mc Comb, MS.</P>
                    <STARS/>
                    <HD SOURCE="HD1">V-222 [Amended]</HD>
                    <P>From El Paso, TX; Salt Flat, TX; Fort Stockton, TX; Junction, TX; to Stonewall, TX. From Lake Charles, LA; Mc Comb, MS; Eaton, MS; Monroeville, AL; Montgomery, AL; LaGrange, GA; to INT LaGrange 048° and Rome, GA, 166° radials.</P>
                    <STARS/>
                    <HD SOURCE="HD1">V-558 [Amended]</HD>
                    <P>From Llano, TX; INT Llano 088° and Centex, TX, 306° radials; to Centex.</P>
                    <STARS/>
                    <HD SOURCE="HD2">Paragraph 6011 United States Area Navigation Routes.</HD>
                    <STARS/>
                    <PRTPAGE P="50540"/>
                    <GPOTABLE COLS="3" OPTS="L0,tp0,p0,7/8,g1,t1,i1" CDEF="xls90,xls50,xls190">
                        <TTITLE> </TTITLE>
                        <BOXHD>
                            <CHED H="1"> </CHED>
                            <CHED H="1"> </CHED>
                            <CHED H="1"> </CHED>
                        </BOXHD>
                        <ROW EXPSTB="02">
                            <ENT I="22">
                                <E T="04">T-220 MARCS, TX to Sabine Pass, TX (SBI) [Amended]</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="01">MARCS, TX</ENT>
                            <ENT>FIX</ENT>
                            <ENT>(Lat. 29°53′52.04″ N, long. 097°51′40.70″ W)</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">CRAYS, TX</ENT>
                            <ENT>FIX</ENT>
                            <ENT>(Lat. 29°55′06.43″ N, long. 097°25′59.46″ W)</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MNURE, TX</ENT>
                            <ENT>WP</ENT>
                            <ENT>(Lat. 29°59′34.88″ N, long. 096°33′57.84″ W)</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">SEALY, TX</ENT>
                            <ENT>FIX</ENT>
                            <ENT>(Lat. 29°51′15.54″ N, long. 095°56′36.33″ W)</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">MOLLR, TX</ENT>
                            <ENT>WP</ENT>
                            <ENT>(Lat. 29°39′20.23″ N, long. 095°16′35.83″ W)</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Sabine Pass, TX (SBI)</ENT>
                            <ENT>VOR/DME</ENT>
                            <ENT>(Lat. 29°41′12.19″ N, long. 094°02′16.72″ W)</ENT>
                        </ROW>
                    </GPOTABLE>
                    <STARS/>
                </EXTRACT>
                <SIG>
                    <DATED>Issued in Washington, DC, on June 10, 2024.</DATED>
                    <NAME>Frank Lias,</NAME>
                    <TITLE>Manager, Rules and Regulations Group.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-12982 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF TRANSPORTATION</AGENCY>
                <SUBAGY>Federal Aviation Administration</SUBAGY>
                <CFR>14 CFR Part 71</CFR>
                <DEPDOC>[Docket No. FAA-2024-1710; Airspace Docket No. 24-AGL-15]</DEPDOC>
                <RIN>RIN 2120-AA66</RIN>
                <SUBJECT>Establishment of Class E Airspace; Ashley, ND</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Aviation Administration (FAA), DOT.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of proposed rulemaking (NPRM).</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This action proposes to establish Class E airspace at Ashley, ND. The FAA is proposing this action due to the development of new public instrument procedures at Ashley Municipal Airport, Ashley, ND, and to support instrument flight rule (IFR) operations.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before July 29, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Send comments identified by FAA Docket No. FAA-2024-1710 and Airspace Docket No. 24-AGL-15 using any of the following methods:</P>
                    <P>
                        * 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">www.regulations.gov</E>
                         and follow the online instruction for sending your comments electronically.
                    </P>
                    <P>
                        * 
                        <E T="03">Mail:</E>
                         Send comments to Docket Operations, M-30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West Building Ground Floor, Washington, DC 20590-0001.
                    </P>
                    <P>
                        * 
                        <E T="03">Hand Delivery or Courier:</E>
                         Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        * 
                        <E T="03">Fax:</E>
                         Fax comments to Docket Operations at (202) 493-2251.
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         Background documents or comments received may be read at 
                        <E T="03">www.regulations.gov</E>
                         at any time. Follow the online instructions for accessing the docket or go to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                    </P>
                    <P>
                        FAA Order JO 7400.11H, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at 
                        <E T="03">www.faa.gov/air_traffic/publications/.</E>
                         You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Authority for This Rulemaking</HD>
                <P>The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would establish Class E airspace extending upward from 700 feet above the surface at Ashley Municipal Airport, Ashley, ND, to support IFR operations at this airport.</P>
                <HD SOURCE="HD1">Comments Invited</HD>
                <P>The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should submit only one time if comments are filed electronically, or commenters should send only one copy of written comments if comments are filed in writing.</P>
                <P>The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it received on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or dely. The FAA may change this proposal in light of the comments it receives.</P>
                <P>
                    <E T="03">Privacy:</E>
                     In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT post 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-14FDMS), which can be reviewed at 
                    <E T="03">www.dot.gov/privacy.</E>
                </P>
                <HD SOURCE="HD1">Availability of Rulemaking Documents</HD>
                <P>
                    An electronic copy of this document may be downloaded through the internet at 
                    <E T="03">www.regulations.gov.</E>
                     Recently published rulemaking documents can also be accessed through the FAA's web page at 
                    <E T="03">www.faa.gov/air_traffic/publications/airspace_amendments/.</E>
                </P>
                <P>
                    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the 
                    <E T="02">ADDRESSES</E>
                     section for the address, phone number, and hours of operations). An informal docket may also be examined during normal business hours at the Federal Aviation Administration, Air Traffic Organization, Central Service Center, Operations Support Group, 10101 Hillwood Parkway, Fort Worth, TX 76177.
                    <PRTPAGE P="50541"/>
                </P>
                <HD SOURCE="HD1">Incorporation by Reference</HD>
                <P>
                    Class E airspace is published in paragraph 6005 of FAA Order JO 7400.11, Airspace Designations and Reporting Points, which is incorporated by reference in 14 CFR 71.1 on an annual basis. This document proposes to amend the current version of that order, FAA Order JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. These updates would be published subsequently in the next update to FAA Order JO 7400.11. That order is publicly available as listed in the 
                    <E T="02">ADDRESSES</E>
                     section of this document.
                </P>
                <P>FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.</P>
                <HD SOURCE="HD1">The Proposal</HD>
                <P>The FAA is proposing to amend 14 CFR part 71 by establishing Class E airspace extending upward from 700 feet above the surface to within a 7.2-mile radius of Ashley Municipal Airport, Ashley, ND.</P>
                <P>The FAA is proposing this action due to the development of new public instrument procedures at this airport and to support IFR operations.</P>
                <HD SOURCE="HD1">Regulatory Notices and Analyses</HD>
                <P>The FAA has determined that this proposed regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) is not a “significant regulatory action” under Executive Order 12866; (2) is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.</P>
                <HD SOURCE="HD1">Environmental Review</HD>
                <P>This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1F, “Environmental Impacts: Policies and Procedures” prior to any FAA final regulatory action.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 14 CFR Part 71</HD>
                    <P>Airspace, Incorporation by reference, Navigation (air).</P>
                </LSTSUB>
                <HD SOURCE="HD1">The Proposed Amendment</HD>
                <P>In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:</P>
                <PART>
                    <HD SOURCE="HED">PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS</HD>
                </PART>
                <AMDPAR>1. The authority citation for 14 CFR part 71 continues to read as follows:</AMDPAR>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P> 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.</P>
                </AUTH>
                <SECTION>
                    <SECTNO>§ 71.1</SECTNO>
                    <SUBJECT>[Amended]</SUBJECT>
                </SECTION>
                <AMDPAR>2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows:</AMDPAR>
                <EXTRACT>
                    <HD SOURCE="HD2">Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth.</HD>
                    <STARS/>
                    <HD SOURCE="HD1">AGL ND E5 Ashley, ND [Establish]</HD>
                    <FP SOURCE="FP-2">Ashley Municipal Airport, ND</FP>
                    <FP SOURCE="FP1-2">(Lat. 46°01′23″ N, long. 99°21′09″ W)</FP>
                    <P>That airspace extending upward from 700 feet above the surface within a 7.2-mile radius of Ashley Municipal Airport.</P>
                </EXTRACT>
                <STARS/>
                <SIG>
                    <DATED>Issued in Fort Worth, Texas, on June 10, 2024.</DATED>
                    <NAME>Steven T. Phillips,</NAME>
                    <TITLE>Acting Manager, Operations Support Group, ATO Central Service Center.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-12959 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4910-13-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
                <CFR>24 CFR Parts 91, 92, 570, and 982</CFR>
                <DEPDOC>[Docket No. FR-6144-N-02]</DEPDOC>
                <RIN>RIN 2506-AC50</RIN>
                <SUBJECT>HOME Investment Partnerships Program: Program Updates and Streamlining; Public Listening Sessions</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of the Assistant Secretary for Community Planning and Development, Department of Housing and Urban Development (HUD).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notification of public listening sessions.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>HUD will host three, two-part virtual public listening sessions to allow interested persons an opportunity to learn about and provide comments on the “HOME Investment Partnerships Program: Program Updates and Streamlining” proposed rule. The Part 1 listening sessions will address the topics of community housing development organizations, maximum subsidy amounts, green building incentives, homebuyer housing, and community land trusts. The Part 2 listening sessions will address the topics of rental housing, tenant-based rental assistance, and tenant protections.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The Part 1 virtual public listening sessions will be held on the following dates and times (all listed times are eastern time):</P>
                    <P>
                        1. 
                        <E T="03">Session 1:</E>
                         June 12, from 2:00 p.m. to 3:30 p.m.;
                    </P>
                    <P>
                        2. 
                        <E T="03">Session 2:</E>
                         June 17, from 2:00 p.m. to 3:30 p.m.; and
                    </P>
                    <P>
                        3. 
                        <E T="03">Session 3:</E>
                         June 25, from 2:00 p.m. to 3:30 p.m.
                    </P>
                    <P>The Part 2 virtual public listening sessions will be held on the following dates and times:</P>
                    <P>
                        1. 
                        <E T="03">Session 1:</E>
                         June 13, from 2:00 p.m. to 3:30 p.m.;
                    </P>
                    <P>
                        2. 
                        <E T="03">Session 2:</E>
                         June 18, from 2:00 p.m. to 3:30 p.m.; and
                    </P>
                    <P>
                        3. 
                        <E T="03">Session 3:</E>
                         June 26, from 2:00 p.m. to 3:30 p.m.
                    </P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Department of Housing and Urban Development, 451 7th Street SW, Room 7160, Washington, DC 20410.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Virginia Sardone, Director, Office of Affordable Housing Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street SW, Room 7160, Washington, DC 20410; telephone number (202) 402-4606 (this is not a toll-free number). HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech or communication disabilities. To learn more about how to make an accessible telephone call, please visit 
                        <E T="03">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <HD SOURCE="HD1">I. Background</HD>
                <P>
                    On May 29, 2024, HUD published in the 
                    <E T="04">Federal Register</E>
                     a proposed rule entitled “HOME Investment Partnerships Program: Program Updates and Streamlining” (the HOME Program proposed rule), available at 89 FR 46618. To provide interested persons additional opportunity to learn about and comment on the HOME Program proposed rule, HUD is hosting three, two-part virtual public listening sessions that will focus on the HOME Program proposed rule. Each set of the 
                    <PRTPAGE P="50542"/>
                    virtual public listening sessions will be hosted via a video conferencing platform at the times detailed in the 
                    <E T="02">DATES</E>
                     section of this document. At the beginning of each virtual public listening session, HUD will deliver a summarized presentation of the details of the HOME Program proposed rule and then open the session up for verbal comment from attendees.
                </P>
                <P>HUD's presentation delivered during each set of the virtual public listening sessions will detail the same information, so interested members of the public need only attend a single set of the listening sessions. Each virtual public listening session set will be delivered in two parts, with each part lasting one hour. The first part of each virtual public listening session (Part 1) will address the topics of community housing development organizations, maximum subsidy amounts, green building incentives, homebuyer housing, and community land trusts. The second part of each virtual public listening session (Part 2) will address the topics of rental housing, tenant-based rental assistance, and tenant protections.</P>
                <HD SOURCE="HD1">II. Meeting Participation and Attendance</HD>
                <P>The virtual public listening sessions are open to the public. HUD encourages all interested parties to attend one set of a virtual public listening session. Attendees who provide verbal comments at a virtual public listening session will be limited to two minutes to provide their comment. Closed captioning will be available during all virtual public listening sessions.</P>
                <HD SOURCE="HD1">III. Registration</HD>
                <P>To attend one of the virtual public listening session sets, interested persons should register for their preferred session(s) in advance at:</P>
                <HD SOURCE="HD2">Part 1 Listening Sessions</HD>
                <FP SOURCE="FP-1">
                    <E T="03">Session 1: https://www.zoomgov.com/meeting/register/vJItce2pqT8sHYHOqpLUlS0qfEuaCDAWaXM</E>
                </FP>
                <FP SOURCE="FP-1">
                    <E T="03">Session 2: https://www.zoomgov.com/meeting/register/vJIsf-6opjkoGrlQXKYbsVlnhpcUypvKxoc</E>
                </FP>
                <FP SOURCE="FP-1">
                    <E T="03">Session 3: https://www.zoomgov.com/meeting/register/vJItd--qrzIvE6kHDTCGbbn-B8q4Cqkr4Sg</E>
                </FP>
                <HD SOURCE="HD2">Part 2 Listening Sessions</HD>
                <FP SOURCE="FP-1">
                    <E T="03">Session 1: https://www.zoomgov.com/meeting/register/vJItcuGhqj8qHmGyHSmXGcNJN3mxk7P13r4</E>
                </FP>
                <FP SOURCE="FP-1">
                    <E T="03">Session 2: https://www.zoomgov.com/meeting/register/vJIsf-6opjkoGrlQXKYbsVlnhpcUypvKxoc</E>
                </FP>
                <FP SOURCE="FP-1">
                    <E T="03">Session 3: https://www.zoomgov.com/meeting/register/vJItf-mqqT4jEzuCRwXoBMA-_LJyvcCnqtE</E>
                </FP>
                <P>After submitting the registration form, you will receive a registration confirmation with the meeting link and passcode needed to attend the selected virtual public listening session. The total number of attendees at each of the virtual public listening sessions will be limited to the maximum allowed by the video conferencing platform used.</P>
                <HD SOURCE="HD1">IV. Public Comments</HD>
                <P>
                    Attendees at each of the virtual public listening sessions will be invited to provide verbal comments regarding the HOME Program proposed rule; however, to ensure full and proper consideration of public comments, interested persons must submit their public comments as directed in the 
                    <E T="02">ADDRESSES</E>
                     section of the HOME Program proposed rule.
                </P>
                <SIG>
                    <NAME>Maria Claudette Fernandez,</NAME>
                    <TITLE>General Deputy Assistant Secretary for Community Planning and Development.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13070 Filed 6-11-24; 11:15 am]</FRDOC>
            <BILCOD>BILLING CODE 4210-67-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">POSTAL SERVICE</AGENCY>
                <CFR>39 CFR Part 111</CFR>
                <SUBJECT>Securing Bundles of Flats</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>
                        Postal Service
                        <SU>TM</SU>
                        .
                    </P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Proposed rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Postal Service is proposing to amend 
                        <E T="03">Mailing Standards of the United States Postal Service,</E>
                         Domestic Mail Manual (DMM®) to modify the requirements for securing bundles of flats.
                    </P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit comments on or before July 15, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Mail or deliver written comments to the Director, Product Classification, U.S. Postal Service, 475 L'Enfant Plaza SW, Room 4446, Washington, DC 20260-5015. If sending comments by email, include the name and address of the commenter and send to 
                        <E T="03">PCFederalRegister@usps.gov,</E>
                         with a subject line of “Securing Bundles of Flats.” Faxed comments are not accepted.
                    </P>
                    <P>You may inspect and photocopy all written comments, by appointment only, at USPS® Headquarters Library, 475 L'Enfant Plaza SW, 11th Floor North, Washington, DC 20260. These records are available for review on Monday through Friday, 9 a.m.-4 p.m., by calling 202-268-2906.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dale Kennedy at (202) 268-6592 or Doriane Harley at (202) 268-2537.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>All submitted comments and attachments are part of the public record and subject to disclosure. Do not enclose any material in your comments that you consider to be confidential or inappropriate for public disclosure.</P>
                <P>Currently, the standards in DMM section 203.4.5 require bundles of flats to be secured with banding, shrinkwrap, or shrinkwrap plus one or more bands. Additionally, it allows the use of rubber bands and twine/string as banding materials on bundles of flats.</P>
                <P>The Postal Service is proposing to amend the standards in DMM section DMM 203.4.4 to include an exemption for mailings of 500 flat-sized pieces or fewer entered at the BMEU from bundle preparation. Applicable mailings may be prepared loose in flat trays instead of in bundles. The Postal Service is also proposing to amend the standards in sections 203.4.5, 203.4.8, and 203.4.9 to require all bundles of flats to have two or more cross-strapped bands or be shrink-wrapped with two or more cross-strapped bands and to eliminate the use of rubber bands and twine/string for securing bundles of flats. Additionally, section 245.9.5(d) would be amended to reflect that shrink-wrapped multi carrier route bundles require two or more cross-strapped bands.</P>
                <P>The Postal Service is proposing to implement this change effective August 18, 2024.</P>
                <P>We believe that the proposed revisions will enable the Postal Service to process bundled flats in a more efficient manner.</P>
                <P>
                    Although exempt from the notice and comment requirements of the Administrative Procedure Act (5 U.S.C. 553(b), (c)) regarding proposed rulemaking by 39 U.S.C. 410(a), the Postal Service invites public comment on the proposed revisions to 
                    <E T="03">Mailing Standards of the United States Postal Service,</E>
                     Domestic Mail Manual (DMM), incorporated by reference in the Code of Federal Regulations.
                </P>
                <P>We will publish an appropriate amendment to 39 CFR part 111 to reflect these changes if our proposal is adopted.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 39 CFR Part 111</HD>
                    <P>Administrative practice and procedure, Postal Service.</P>
                </LSTSUB>
                <P>
                    Accordingly, the Postal Service proposes the following changes to Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM), incorporated by reference in the 
                    <PRTPAGE P="50543"/>
                    Code of Federal Regulations (see 39 CFR 111.1):
                </P>
                <PART>
                    <HD SOURCE="HED">PART 111—[AMENDED]</HD>
                </PART>
                <AMDPAR>1. The authority citation for 39 CFR part 111 continues to read as follows:</AMDPAR>
                <AUTH>
                    <HD SOURCE="HED">Authority:</HD>
                    <P> 5 U.S.C. 552(a); 13 U.S.C. 301-307; 18 U.S.C. 1692-1737; 39 U.S.C. 101, 401-404, 414, 416, 3001-3018, 3201-3220, 3401-3406, 3621, 3622, 3626, 3629, 3631-3633, 3641, 3681-3685, and 5001.</P>
                </AUTH>
                <AMDPAR>
                    2. Revise the 
                    <E T="03">Mailing Standards of the United States Postal Service,</E>
                     Domestic Mail Manual (DMM) as follows:
                </AMDPAR>
                <HD SOURCE="HD1">Mailing Standards of the United States Postal Service, Domestic Mail Manual (DMM)</HD>
                <STARS/>
                <HD SOURCE="HD1">200 Commercial Letters, Cards, Flats, and Parcels</HD>
                <STARS/>
                <HD SOURCE="HD1">203 Basic Postage Statement, Documentation, and Preparation Standards</HD>
                <STARS/>
                <HD SOURCE="HD1">4.0 Bundles</HD>
                <STARS/>
                <P>
                    <E T="03">[Revise the title of 202.4.4 to read as follows:]</E>
                </P>
                <HD SOURCE="HD1">4.4 Exception to Bundle Preparation—Full Letter and Flat Trays and Small Flat Mailings</HD>
                <P>
                    <E T="03">[Add a sentence at the end of 4.4 to read as follows:]</E>
                </P>
                <P>* * * In mailings of 500 or fewer flat-sized pieces, mailers are not required to prepare bundles and may place said pieces loose in flat trays.</P>
                <HD SOURCE="HD1">4.5 Securing Bundles of Flats</HD>
                <P>Bundles must be able to withstand normal transit and handling without breakage or injury to USPS employees, and are subject to the following requirements:</P>
                <P>
                    <E T="03">[Revise the text of item (a) to read as follows:]</E>
                </P>
                <P>a. Bundles must be secured with two or more cross-strapped bands or shrink-wrapped with two or more cross-strapped bands. Banding includes plastic bands, and similar material. Use of wire or metal banding is not permitted.</P>
                <P>
                    <E T="03">[Delete current item (b) in its' entirety]</E>
                </P>
                <P>
                    <E T="03">[Renumber item (c) as item (b); then revise the text to read as follows:]</E>
                </P>
                <P>b. Bundles must be cross-strapped (encircle the length and girth of the bundle at least once). Additional bands may be used if none lies within 1 inch of any bundle edge.</P>
                <P>
                    <E T="03">[Add a new item (c) to read as follows:]</E>
                </P>
                <P>c. Rubber bands and twine/string are not permitted to use as banding to secure bundles.</P>
                <STARS/>
                <HD SOURCE="HD1">4.8 Preparing Bundles in Sacks and Flat Trays</HD>
                <P>In addition to following the standards in 4.5 through 4.7, mailers must prepare bundles placed in flat trays and sacks as follows: * * *</P>
                <P>
                    <E T="03">[Revise item (d) to read as follows:]</E>
                </P>
                <P>d. Bundles of pieces with covers of “coated stock” (glossy covers) that are not individually enclosed in an envelope or mailing wrapper must be secured with at least two plastic straps or with shrinkwrap plus two plastic straps and must not exceed 6 inches in height.</P>
                <STARS/>
                <HD SOURCE="HD1">4.9 Preparing Bundles on Pallets</HD>
                <P>In addition to general bundling standards in 4.1, bundles on pallets must meet the following standards:</P>
                <P>
                    <E T="03">[Revise item 4.9(a) to read as follows:]</E>
                </P>
                <P>a. Bundles must be secured with appropriate banding or shrinkwrap supplemented by two or more bands. Banding includes plastic bands (recommended) or similar material.</P>
                <STARS/>
                <HD SOURCE="HD1">245 Mail Preparation</HD>
                <STARS/>
                <HD SOURCE="HD1">9.0 Preparing Enhanced Carrier Route Flats</HD>
                <STARS/>
                <HD SOURCE="HD1">9.5 Multi Carrier Routes Bundle</HD>
                <P>A mailer may combine individual eligible bundles of USPS Marketing Mail Enhanced Carrier Route basic price mail into a multi carrier routes bundle of the same 5-digit ZIP Code under these conditions: * * *</P>
                <P>
                    <E T="03">[Revise the text of item 9.5(d) to read as follows:]</E>
                </P>
                <P>d. The multi carrier routes bundle must be secured with at least two cross-strapped bands, one around the length and one around the girth, or shrink-wrapped with two or more cross-strapped bands.</P>
                <STARS/>
                <SIG>
                    <NAME>Christopher Doyle,</NAME>
                    <TITLE>Attorney, Ethics and Legal Compliance.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13152 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7710-12-P</BILCOD>
        </PRORULE>
        <PRORULE>
            <PREAMB>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <CFR>40 CFR Part 52</CFR>
                <DEPDOC>[EPA-R09-OAR-2023-0405; FRL-11263-01-R9]</DEPDOC>
                <SUBJECT>Air Plan Approval; Nevada; Washoe County Health District</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Proposed rule.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Environmental Protection Agency (EPA) is proposing to approve a revision to the Washoe County portion of the Nevada State Implementation Plan (SIP). This revision concerns emissions of particulate matter (PM) from woodburning devices. We are proposing to approve a revision to a local rule that regulates these emission sources under the Clean Air Act (CAA or the Act). We are taking comments on this proposal and plan to follow with a final action.</P>
                </SUM>
                <EFFDATE>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments must be received on or before July 15, 2024.</P>
                </EFFDATE>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Submit your comments, identified by Docket ID No. EPA-R09-OAR-2023-0405 at 
                        <E T="03">https://www.regulations.gov.</E>
                         For comments submitted at 
                        <E T="03">Regulations.gov,</E>
                         follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from 
                        <E T="03">Regulations.gov.</E>
                         The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (
                        <E T="03">i.e.,</E>
                         on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit 
                        <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E>
                         If you need assistance in a language other than English or if you are a person with a disability who needs a reasonable accommodation at no cost to you, please contact the person identified in the 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                         section.
                    </P>
                </ADD>
                <FURINF>
                    <PRTPAGE P="50544"/>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Christine Vineyard, EPA Region IX, 75 Hawthorne St., San Francisco, CA 94105. By phone: (415) 947-4125 or by email at 
                        <E T="03">vineyard.christine@epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Throughout this document, “we,” “us” and “our” refer to the EPA.</P>
                <HD SOURCE="HD1">Table of Contents </HD>
                <EXTRACT>
                    <FP SOURCE="FP-2">I. The State's Submittal</FP>
                    <FP SOURCE="FP1-2">A. What rule did the State submit?</FP>
                    <FP SOURCE="FP1-2">B. Are there other versions of this rule?</FP>
                    <FP SOURCE="FP1-2">C. What is the purpose of the submitted rule revisions?</FP>
                    <FP SOURCE="FP-2">II. The EPA's Evaluation and Action</FP>
                    <FP SOURCE="FP1-2">A. How is the EPA evaluating the rule?</FP>
                    <FP SOURCE="FP1-2">B. Does the rule meet the evaluation criteria?</FP>
                    <FP SOURCE="FP1-2">C. Public comment and proposed 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. The State's Submittal</HD>
                <HD SOURCE="HD2">A. What rule did the State submit?</HD>
                <P>
                    Table 1 lists the rule addressed by this proposal with the date that it was adopted by the Washoe County District Board of Health (DBOH),
                    <SU>1</SU>
                    <FTREF/>
                     and submitted by the Nevada Division of Environmental Protection (NDEP).
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The DBOH changed its name to Northern Nevada Public Health (NNPH) on August 31, 2023. We still refer to the agency as the DBOH because this name change has not yet been reflected in the agency's regulations.
                    </P>
                </FTNT>
                <GPOTABLE COLS="5" OPTS="L2,i1" CDEF="s50,12C,r50,12C,12C">
                    <TTITLE>Table 1—Submitted Rule</TTITLE>
                    <BOXHD>
                        <CHED H="1">Local agency</CHED>
                        <CHED H="1">Rule No.</CHED>
                        <CHED H="1">Rule title</CHED>
                        <CHED H="1">Revised</CHED>
                        <CHED H="1">Submitted</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">DBOH</ENT>
                        <ENT>040.051</ENT>
                        <ENT>Wood-Burning Devices</ENT>
                        <ENT>02/24/22</ENT>
                        <ENT>10/04/22</ENT>
                    </ROW>
                </GPOTABLE>
                <P>On April 4, 2023, the submittal for DBOH Rule 040.051 was deemed by operation of law to meet the completeness criteria in 40 CFR part 51, appendix V, which must be met before formal EPA review.</P>
                <HD SOURCE="HD2">B. Are there other versions of this rule?</HD>
                <P>We approved an earlier version of Rule 040.051 into the SIP on June 16, 2017 (82 FR 27622). The DBOH adopted revisions to the SIP-approved version on February 24, 2022, and NDEP submitted them to us on October 4, 2022. If we approve the October 4, 2022 version of Rule 040.051, it will replace the previously approved version of this rule in the Washoe County portion of the Nevada SIP.</P>
                <HD SOURCE="HD2">C. What is the purpose of the submitted rule revisions?</HD>
                <P>
                    Emissions of PM, including PM equal to or less than 2.5 microns in diameter (PM
                    <E T="52">2.5</E>
                    ) and PM equal to or less than 10 microns in diameter (PM
                    <E T="52">10</E>
                    ), contribute to effects that are harmful to human health and the environment, including premature mortality, aggravation of respiratory and cardiovascular disease, decreased lung function, visibility impairment, and damage to vegetation and ecosystems. Section 110(a) of the CAA requires States to submit regulations that control PM emissions. Rule 040.051 limits PM emissions from wood-burning devices. DBOH revised Rule 040.051 and submitted the updated version to replace the now outdated version in the SIP. The revisions add clarity and transparency to the implementation of the program. For example, the exemption section is now included at the beginning of the rule to provide greater clarity as to which actions are exempted from specific sections of the rule. In addition, an exemption was added that allows EPA-certified wood-burning devices installed between 1990 and May 15, 2020, to remain in place following a real estate transaction. Finally, requirements regarding the limitation on the number of wood-burning devices allowed per parcel has been reformatted to ensure the limitation is accurately determined based on the acreage of the parcel. The EPA's technical support document (TSD) has more information about this rule.
                </P>
                <HD SOURCE="HD1">II. The EPA's Evaluation and Action</HD>
                <HD SOURCE="HD2">A. How is the EPA evaluating the rule?</HD>
                <P>Rules in the SIP must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable CAA requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (see CAA section 193).</P>
                <P>DBOH does not currently regulate any PM nonattainment areas. Therefore, DBOH is not required to implement reasonably available control measures or best available control measures for PM. Guidance and policy documents that we used to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following:</P>
                <P>1. “State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,” 57 FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).</P>
                <P>2. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” EPA, May 25, 1988 (the Bluebook, revised January 11, 1990).</P>
                <P>3. “Guidance Document for Correcting Common VOC &amp; Other Rule Deficiencies,” EPA Region 9, August 21, 2001 (the Little Bluebook).</P>
                <HD SOURCE="HD2">B. Does the rule meet the evaluation criteria?</HD>
                <P>This rule meets CAA requirements and is consistent with relevant guidance regarding enforceability and SIP revisions. In particular, the new exemption that allows EPA-certified wood-burning devices installed between 1990 and May 15, 2020, to remain in place following a real estate transaction will not interfere with maintenance of the NAAQS in Washoe County. On May 15, 2020, more stringent Federal standards for new wood-burning devices became effective. WBOH revised its rule to include the new standards for new devices but is allowing existing EPA-certified devices to remain in place during real estate transactions. This exemption does not allow any emissions increases. The TSD has more information on our evaluation.</P>
                <HD SOURCE="HD2">C. Public Comment and Proposed Action</HD>
                <P>As authorized in section 110(k)(3) of the Act, the EPA proposes to fully approve the submitted rule because it fulfills all relevant requirements. We will accept comments from the public on this proposal until July 15, 2024. If we approve the submitted rule, our final action will incorporate this rule into the federally enforceable SIP.</P>
                <HD SOURCE="HD1">III. Incorporation by Reference</HD>
                <P>
                    In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference DBOH, Rule 040.051, Wood-Burning Devices (revised on February 24, 2022), 
                    <PRTPAGE P="50545"/>
                    which regulates particular matter emissions from wood-burning devices. The EPA has made, and will continue to make, these materials available through 
                    <E T="03">https://www.regulations.gov</E>
                     and at the EPA Region IX Office (please contact the person identified in the 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     section of this preamble for more information).
                </P>
                <HD SOURCE="HD1">IV. Statutory and Executive Order Reviews</HD>
                <P>Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the Act. Accordingly, this proposed action merely proposes to approve State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this proposed 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 14094 (88 FR 21879, April 11, 2023);</P>
                <P>
                    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    );
                </P>
                <P>
                    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 
                    <E T="03">et seq.</E>
                    );
                </P>
                <P>• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);</P>
                <P>• Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);</P>
                <P>• Is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it proposes to approve a State program;</P>
                <P>• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and</P>
                <P>• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act.</P>
                <P>In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed 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>Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations, 59 FR 7629, Feb. 16, 1994) directs Federal agencies to identify and address “disproportionately high and adverse human health or environmental effects” of their actions on minority populations and low-income populations to the greatest extent practicable and permitted by law. The EPA defines environmental justice (EJ) as “the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.” The EPA further defines the term fair treatment to mean that “no group of people should bear a disproportionate burden of environmental harms and risks, including those resulting from the negative environmental consequences of industrial, governmental, and commercial operations or programs and policies.”</P>
                <P>The State did not evaluate EJ considerations as part of its SIP submittal; the CAA and applicable implementing regulations neither prohibit nor require such an evaluation. The EPA did not perform an EJ analysis and did not consider EJ in this action. Consideration of EJ is not required as part of this action, and there is no information in the record inconsistent with the stated goal of E.O. 12898 of achieving environmental justice for people of color, low-income populations, and Indigenous peoples.</P>
                <LSTSUB>
                    <HD SOURCE="HED">List of Subjects in 40 CFR Part 52</HD>
                    <P>Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.</P>
                </LSTSUB>
                <SIG>
                    <DATED>Dated: June 2, 2024.</DATED>
                    <NAME>Martha Guzman Aceves,</NAME>
                    <TITLE>Regional Administrator, Region IX.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-12815 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </PRORULE>
    </PRORULES>
    <VOL>89</VOL>
    <NO>116</NO>
    <DATE>Friday, June 14, 2024</DATE>
    <UNITNAME>Notices</UNITNAME>
    <NOTICES>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="50546"/>
                <AGENCY TYPE="F">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
                <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 July 15, 2024 will be considered. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website 
                    <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                     Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
                </P>
                <P>An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.</P>
                <HD SOURCE="HD1">Office of the Chief Economist</HD>
                <P>
                    <E T="03">Title:</E>
                     Generic Clearance of Multiple Crop and Pesticide Use.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0503-0026.
                </P>
                <P>
                    <E T="03">Summary of Collection:</E>
                     The primary purpose of this information will be to support the Office of Pest Management Policy (OPMP) understanding of agricultural practices pertaining to pest management. OPMP is undertaking this effort to satisfy legislative requirements outlined in title X, section 10109 of the 2018 Farm Bill, which mandates that The Secretary of Agriculture, acting through the Office of the Chief Economist's Director of OPMP, collect this information. Pest management information is critical to supporting a key responsibility of OPMP, 
                    <E T="03">i.e.,</E>
                     to “consult with agricultural producers that may be affected by pest management or pesticide-related activities or actions of the Department or other agencies,” as outlined in the Agricultural Research, Extension, and Education Reform Act of 1998.
                </P>
                <P>
                    <E T="03">Need and Use of the Information:</E>
                     This request for approval will improve OPMP's ability to better understand the utilization of pest management tools by agricultural producers via input from pest management advisors—including Extension experts and crop consultants, who in addition to being advisors are often agricultural producers themselves. Data collected are intended to capture agricultural practices and needs to support Federal activities that pertain to pest management, which are typically time-sensitive and necessitate the need for rapid data collection. OPMP will use several methods to collect information under this generic collection. The methods will be web-based surveys, telephone surveys, interviews, and/or focus groups may be needed under certain circumstances.
                </P>
                <P>If the information is not collected, it would deny the agricultural industry the ability to afford important and insightful input towards a better understanding of pest management practices that may be unknown by the Federal Government, this consequence is especially valid for underrepresented specialty crops.</P>
                <P>
                    <E T="03">Description of Respondents:</E>
                     Individuals or households; business or other for-profit; not-for-profit institutions; farms; Federal Government; State, local or Tribal government.
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     15,583.
                </P>
                <P>
                    <E T="03">Frequency of Responses:</E>
                     Reporting: On occasion.
                </P>
                <P>
                    <E T="03">Total Burden Hours:</E>
                     6,131.
                </P>
                <SIG>
                    <NAME>Levi S. Harrell,</NAME>
                    <TITLE>Departmental Information Collection Clearance Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13100 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-GL-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBJECT>Submission for OMB Review; Comment Request</SUBJECT>
                <P>
                    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and approval under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments are requested regarding: 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; the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; ways to enhance the quality, utility and clarity of the information to be collected; and ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology Comments regarding these information collections are best assured of having their full effect if received by July 15, 2024. Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website 
                    <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                     Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function
                </P>
                <P>
                    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such 
                    <PRTPAGE P="50547"/>
                    persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.
                </P>
                <HD SOURCE="HD1">Agricultural Marketing Service</HD>
                <P>
                    <E T="03">Title:</E>
                     Pistachios Grown in California, Arizona and New Mexico.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0581-0215.
                </P>
                <P>
                    <E T="03">Summary of Collection:</E>
                     The Pistachio Marketing Order, (7 CFR part 983), covering pistachios grown in California, Arizona and New Mexico is established and regulated under the Agricultural Marketing Agreement Act of 1937, secs. 1-19, 48 Stat. 31, as amended, (7 U.S.C. 601-674), herein referred to as the Act. The Act authorizes the formation of marketing orders for certain agricultural commodities to provide orderly marketing conditions in interstate and intrastate commerce and to improve producer returns. The order regulates the handling of pistachios, authorizes grade and size requirements, as well as a requirement for aflatoxin testing on domestic shipments only. The Secretary is authorized to oversee the order operations and issue regulations recommended by representatives from the Pistachio Committee.
                </P>
                <P>
                    <E T="03">Need and Use of the Information:</E>
                     The Agricultural Marketing Service has developed forms as a convenience for handlers and producers who are required to file certain information with the Committee relating to pistachio supplies, shipments, dispositions, and other information needed to effectively implement the requirements of the order and carry out the purposes of the Act. If the information collection herein was not collected, the Secretary could not ascertain the support level for the order, nor in fact, carry out obligations required by the Act. Use of the forms is required by regulations governing marketing order administration. Collecting data less frequently would also eliminate the Secretary's ability to administer the order.
                </P>
                <P>
                    <E T="03">Description of Respondents:</E>
                     Business or other for profit; Farms.
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     1,200.
                </P>
                <P>
                    <E T="03">Frequency of Responses:</E>
                     Reporting: On occasion; Weekly; Monthly; Quarterly; Biennially; Semi-annually; Annually.
                </P>
                <P>
                    <E T="03">Total Burden Hours:</E>
                     541.
                </P>
                <HD SOURCE="HD1">Agricultural Marketing Service</HD>
                <P>
                    <E T="03">Title:</E>
                     Christmas Tree Promotion, Research, and Information Order.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0581-0268.
                </P>
                <P>
                    <E T="03">Summary of Collection:</E>
                     A Christmas Tree Promotion, Research and Information Order created under the Commodity Promotion, Research, and Information Act of 1996 (Pub. L. 104-127, 110 Stat. 1032, April 4, 1996, 7 U.S.C. 744-7425) requires collection of information to carry out the program. This legislation is hereinafter referred to as the 1996 Act. Under the enabling legislation, Congress has delegated the Department of Agriculture (USDA) the responsibility of establishing and overseeing agricultural commodity research and promotion orders, which may include a combination of promotion, research, industry information, and consumer information activities funded by mandatory assessments. The program includes projects relating to research, information, advertising, sales promotion, market development and production research to assist, improve, or promote the marketing, distribution, competitive position and stimulate sales of Christmas trees.
                </P>
                <P>
                    <E T="03">Need and Use of the Information:</E>
                     The Christmas tree program will be administered by the Christmas Tree Promotion Board appointed by the Secretary of Agriculture and financed by a mandatory assessment on producers and importers of fresh cut Christmas trees. The program will provide for an exemption for producers and importers that cut and sell or import fewer than 500 Christmas trees annually. The forms covered under this collection require the minimum information necessary to effectively carry out the requirements of the program, and their use is essential to carry out the intent of the Order. If the information collection herein were not collected, the Board could not carry out the coordinated research, promotion, consumer education, and industry information program on Christmas trees, ensure compliance with the mandatory program or ensure proper assessment collection. Collecting data less frequently also would limit the Secretary's ability to oversee the Order.
                </P>
                <P>
                    <E T="03">Description of Respondents:</E>
                     Business or other for profit; Farms.
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     5,000.
                </P>
                <P>
                    <E T="03">Frequency of Responses:</E>
                     Reporting: Annually; Recordkeeping.
                </P>
                <P>
                    <E T="03">Total Burden Hours:</E>
                     3,956.
                </P>
                <SIG>
                    <NAME>Levi S. Harrell,</NAME>
                    <TITLE>Departmental Information Collection Clearance Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13135 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Foreign Agricultural Service</SUBAGY>
                <SUBJECT>Determination of Total Amounts of Fiscal Year 2025 WTO Tariff-Rate Quotas for Raw Cane Sugar and Certain Sugars, Syrups and Molasses</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Foreign Agricultural Service, U.S. Department of Agriculture.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Foreign Agricultural Service announces the establishment of the Fiscal Year (FY) 2025 (October 1, 2024-September 30, 2025) in-quota aggregate quantity of raw cane sugar at 1,117,195 metric tons raw value (MTRV), and the establishment of the FY 2025 in-quota aggregate quantity of certain sugars, syrups, and molasses (also referred to as refined sugar) at 232,000 MTRV.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This notice is applicable on June 14, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Souleymane Diaby, Multilateral Affairs Division, Trade Policy and Geographic Affairs, Foreign Agricultural Service, U.S. Department of Agriculture, Stop 1070, 1400 Independence Avenue SW, Washington, DC 20250-1070; by telephone (202) 720-2916; or by email 
                        <E T="03">Souleymane.Diaby@usda.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The provisions of paragraph (a)(i) of the Additional U.S. Note 5, Chapter 17 in the U.S. Harmonized Tariff Schedule (HTS) authorize the Secretary to establish the in-quota tariff-rate quota (TRQ) amounts (expressed in terms of raw value) for imports of raw cane sugar and certain sugars, syrups, and molasses that may be entered under the subheadings of the HTS subject to the lower tier of duties during each fiscal year. The Office of the U.S. Trade Representative (USTR) is responsible for the allocation of these quantities among supplying countries and areas. Section 359(k) of the Agricultural Adjustment Act of 1938, as amended, requires that at the beginning of the quota year the Secretary of Agriculture establish the TRQs for raw cane sugar and refined sugars at the minimum levels necessary to comply with obligations under international trade agreements, with the exception of specialty sugar.</P>
                <P>
                    The Secretary's authority under paragraph (a)(i) of the Additional U.S. Note 5, Chapter 17 in the HTS and Section 359(k) of the Agricultural Adjustment Act of 1938, as amended, has been delegated to the Under Secretary for Trade and Foreign Agricultural Affairs (7 CFR 2.26). The Under Secretary has subsequently 
                    <PRTPAGE P="50548"/>
                    delegated this authority to the Administrator, Foreign Agricultural Service (7 CFR 2.601).
                </P>
                <P>Notice is hereby given that I have determined, in accordance with paragraph (a)(i) of the Additional U.S. Note 5, Chapter 17 in the HTS and section 359(k) of the 1938 Act, that an aggregate quantity of up to 1,117,195 MTRV of raw cane sugar may be entered or withdrawn from warehouse for consumption during FY 2025. This is the minimum amount to which the United States is committed under the WTO Uruguay Round Agreements. The conversion factor is 1 metric ton raw value equals 1.10231125 short tons raw value. The Office of the United Trade Representative will allocate these quantities among supplying countries and customs areas.</P>
                <P>I have further determined that an aggregate quantity of 232,000 MTRV of sugars, syrups, and molasses (refined sugar) may be entered or withdrawn from warehouse for consumption during FY 2025. This quantity includes the minimum amount to which the United States is committed under the WTO Uruguay Round Agreements, 22,000 MTRV, of which 20,344 MTRV is established for any sugars, syrups and molasses, and 1,656 MTRV is reserved for specialty sugar. An additional amount of 210,000 MTRV is added to the specialty sugar TRQ for a total of 211,656 MTRV.</P>
                <P>Because the specialty sugar TRQ is first-come, first-served, tranches are needed to allow for orderly marketing throughout the year. The FY 2025 specialty sugar TRQ will be opened in five tranches. The first tranche, totaling 1,656 MTRV, will open October 1, 2024. All specialty sugars are eligible for entry under this tranche. The second tranche of 75,000 MTRV will open on October 8, 2024. The third tranche of 45,000 MTRV will open on January 21, 2025. The fourth tranche of 45,000 MTRV will open on April 14, 2025. The fifth tranche of 45,000 MTRV will open on July 14, 2025. The second, third, fourth, and fifth tranches will be reserved for organic sugar and other specialty sugars not currently produced commercially in the United States or reasonably available from domestic sources.</P>
                <SIG>
                    <NAME>Brooke Jamison,</NAME>
                    <TITLE>Acting Administrator, Foreign Agricultural Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13260 Filed 6-12-24; 4:15 pm]</FRDOC>
            <BILCOD>BILLING CODE 3410-10-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Forest Service</SUBAGY>
                <SUBJECT>Final Record of Decision for the Revised Land Management Plan for the Grand Mesa, Uncompahgre, and Gunnison National Forests</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Forest Service, Agriculture (USDA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of approval of the Revised Land Management Plan for the Grand Mesa, Uncompahgre and Gunnison National Forests.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Chad Stewart, Forest Supervisor for the Grand Mesa, Uncompahgre, and Gunnison (GMUG) National Forests, Rocky Mountain Region, signed the final Record of Decision (ROD) for the Revised Land Management Plan (LMP) for the GMUG National Forests. The final ROD documents the rationale for approving the Revised LMP and is consistent with the Reviewing Officers' responses to objections and instructions.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The Revised LMP for the GMUG National Forests will become effective 30 days after the publication of this notice of approval in the 
                        <E T="04">Federal Register</E>
                         (36 CFR 219.17(a)(1)).
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        To view the final ROD, Final Environmental Impact Statement (FEIS), Revised LMP, and other related documents, please visit the GMUG National Forests website at: 
                        <E T="03">https://www.fs.usda.gov/goto/gmug/forestplan.</E>
                         The Forest Service will also publish a legal notice of approval in the newspaper of record, 
                        <E T="03">Grand Junction Daily Sentinel,</E>
                         and post a copy of this legal notice on the GMUG National Forests' website listed above.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Samantha Staley, Forest Planner, GMUG National Forests, 
                        <E T="03">samantha.j.staley@usda.gov</E>
                         or 970-852-9812.
                    </P>
                    <P>Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800-877-8339, 24 hours a day, every day of the year, including holidays.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The GMUG National Forests comprise the largest national forest unit in the Rocky Mountain Region. It spans five ranger districts and covers approximately 3.2 million acres across eight counties in southwestern Colorado, stretching from the Uncompahgre Plateau on the west, north to the Grand Mesa, east to the Continental Divide, and south to the San Juan mountains. The GMUG National Forests range in elevation from 5,000 to over 14,000 feet and support diverse ecosystems and uses. The GMUG National Forests contain habitats essential for a wide variety of species and serve as a critical headwater of the Colorado River. The GMUG National Forests also provide opportunities for recreation, timber harvesting, livestock grazing, and mineral development that contribute to the quality of life and economies of the surrounding communities.</P>
                <P>The Revised LMP was shaped by the best available scientific information, current laws, and public, governmental, and tribal input. It was developed pursuant to the 2012 Forest Service Planning Rule (36 CFR 219) and will replace the current LMP, which was significantly amended in 1991 following its 1983 release. The Revised LMP includes desired conditions, objectives, standards, guidelines, management approaches, management area allocations, and land suitability for project and activity decision-making, which will guide resource management activities on the GMUG National Forests. It also includes wilderness recommendations, and identifies eligible wild and scenic river segments.</P>
                <P>The GMUG National Forests initiated LMP revision in 2017 and engaged with the public and tribal, federal, state, and local governments. The Forests consulted with 20 federally recognized tribes during the planning process, ensuring tribal-related plan direction accurately reflects the GMUG National Forests' trust responsibilities and government-to-government relationship with tribes. Between 2017 and 2021, the GMUG National Forests conducted eight formal public comment and informal public feedback periods. The Forests received and analyzed more than 20,000 public comments. More than 900 people attended 16 in-person and five virtual public open houses, 16 webinars, and several virtual question-and-answer sessions.</P>
                <P>
                    A 90-day public comment period on the draft LMP and associated draft EIS was initiated on August 13, 2021, and subsequently extended 14 days. The Forests used these comments to inform and refine the preferred alternative and Revised LMP. A draft ROD, Revised LMP, and FEIS were released on August 30, 2023, initiating a 60-day objection filing period that closed October 30, 2023. The Forest Service received 70 eligible objections, including 14 objections for species of conservation concern. The Reviewing Officers held objection resolution meetings with objectors and interested persons in February 2024. Based on these meetings and a review of the objections, the Reviewing Officer for the list of species of conservation concern issued a written 
                    <PRTPAGE P="50549"/>
                    response to objectors on April 11, 2024. The Reviewing Officer for the forest plan issued a written response to objectors on May 16, 2024. The instructions from the Reviewing Officers were addressed in the ROD, Revised LMP, and FEIS.
                </P>
                <HD SOURCE="HD1">Cooperating Agencies</HD>
                <P>The following entities have participated in the planning process as cooperating agencies: Bureau of Land Management; U.S. Agricultural Research Service; U.S. Fish and Wildlife Service; Colorado Department of Agriculture; Colorado Department of Natural Resources; Colorado Parks and Wildlife; Colorado Water Conservation Board; and the following local governments in Colorado—Delta County; Gunnison County; Hinsdale County; Mesa County; Montrose County; Ouray County; Saguache County; San Miguel County; City of Grand Junction; and Town of Crested Butte.</P>
                <HD SOURCE="HD1">Responsible Official</HD>
                <P>The Responsible Official for approving the Revised LMP is Chad Stewart, Forest Supervisor, GMUG National Forests. The Responsible Official for approving the list of species of conservation concern is Scott Fitzwilliams, acting Deputy Regional Forester as delegated by Frank Beum, Regional Forester, Rocky Mountain Region.</P>
                <SIG>
                    <DATED>Dated: May 28, 2024.</DATED>
                    <NAME>Troy Heithecker,</NAME>
                    <TITLE>Associate Deputy Chief, National Forest System.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-12035 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3411-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Forest Service</SUBAGY>
                <SUBJECT>Northwest Forest Plan Area Advisory Committee; Correction</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Forest Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of meeting; correction.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Forest Service published a document in the 
                        <E T="04">Federal Register</E>
                         of June 10, 2024, concerning the northwest Forest Plan Advisory Committee will hold a public meeting. The document contained incorrect dates for the meeting.
                    </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jacqueline Buchanan, Designated Federal Officer, by phone at 303-275-5452 or email at 
                        <E T="03">Jacqueline.buchanan@usda.gov</E>
                        ; or Katie Heard, FACA Coordinator, at 
                        <E T="03">Kathryn.Heard@usda.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Correction</HD>
                <P>
                    In the 
                    <E T="04">Federal Register</E>
                     of June 10, 2024, in FR Doc. 2024-12662, at 89 FR 48868, in the first, column, correct under the 
                    <E T="02">DATES</E>
                     caption to read:
                </P>
                <FP>
                    <E T="02">DATES:</E>
                     An in-person and virtual meeting will be held on June 25, 9 a.m. to 5 p.m. Pacific Daylight Time (PDT); June 26, 2024, 9 a.m. to 5 p.m. PDT; and June 27, 2024, 9 a.m. to 5 p.m. PDT.
                </FP>
                <P>
                    <E T="03">Written and Oral Comments:</E>
                     Anyone wishing to provide in-person oral comments must pre-register by 11:59 p.m. PDT on June 17, 2024. Written public comments will be accepted through 11:59 p.m. PDT on June 17, 2024. Comments submitted after this date will be provided by the Forest Service to the committee, but the committee may not have adequate time to consider those comments prior to the meeting.
                </P>
                <P>
                    All committee meetings are subject to cancellation. For status of the meeting prior to attendance, please contact the person listed under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                    .
                </P>
                <SIG>
                    <DATED>Dated: June 11, 2024.</DATED>
                    <NAME>Stephen Morse,</NAME>
                    <TITLE>Liaison Officer.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13162 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3411-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Natural Resources Conservation Service</SUBAGY>
                <DEPDOC>[Docket No. NRCS-2024-0010]</DEPDOC>
                <SUBJECT>Notice of Intent To Prepare an Environmental Impact Statement for the Elm and Turkey Creeks Watershed Project in Buffalo and Dawson Counties, Nebraska</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Natural Resources Conservation Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS).</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Natural Resources Conservation Service (NRCS) Nebraska State Office announces its intent to prepare an EIS that will examine alternative solutions to flood risk reduction for the Elm and Turkey Creeks Project watershed plan for these watersheds near Kearney, Nebraska. The Elm Creek and Turkey Creek Watersheds face recurring flooding issues due to limited channel capacity and frequent overland flooding. A catastrophic 2019 flood caused significant damage to properties and infrastructure, with estimated losses exceeding $35 million in the Kearney area. The watershed's rural economy relies on agriculture, and addressing these challenges is crucial for managing flood impacts and protecting lives and property. NRCS is requesting comments to identify significant issues, potential alternatives, information, and analyses relevant to the proposed action from all interested individuals, Federal and State agencies, and Tribes.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>We will consider comments that we receive by July 15, 2024. We will consider comments received after close of the comment period to the extent possible.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>We invite you to submit comments in response to this notice. You may submit your comments through one of the methods below:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">http://www.regulations.gov</E>
                         and search for docket ID NRCS-2024-0010. Follow the online instructions for submitting comments; or
                    </P>
                    <P>
                        • 
                        <E T="03">Mail or Hand Delivery:</E>
                         Melissa Baier, Assistant State Conservationist-Water Resources and Easements, 100 Centennial Mall North, Room 343, Lincoln, Nebraska 68508. In your comments, specify the docket ID NRCS-2024-0010.
                    </P>
                    <P>
                        All comments received will be posted without change and made publicly available on 
                        <E T="03">www.regulations.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Melissa Baier, telephone: (402) 437-4065; email: 
                        <E T="03">Melissa.Baier@usda.gov.</E>
                         In addition, for questions related to submitting comments via Watershed Project Coordinator: Nicole Zimmerman at (402) 437-4031; email: 
                        <E T="03">Nicole.zimmerman@usda.gov,</E>
                         or the project website at: 
                        <E T="03">https://storymaps.arcgis.com/stories/5a104fadbc674bda9d8f85d9c1458582.</E>
                    </P>
                    <P>Individuals who require alternative means for communication should contact the U.S. Department of Agriculture (USDA) Target Center at (202) 720-2600 (voice and text telephone (TTY)) or dial 711 for Telecommunications Relay service (both voice and text telephone users can initiate this call from any telephone).</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Purpose and Need</HD>
                <P>
                    The primary purpose of the watershed plan is to provide flood prevention for both communities and agricultural lands in the Elm Creek and Turkey Creek Watersheds located in the jurisdiction of the Central Platte Natural Resources District (CPNRD) across Dawson and Buffalo Counties in Nebraska. The watershed is primarily 
                    <PRTPAGE P="50550"/>
                    used for agriculture, with 47 percent allocated to pasture and 42 percent to row crops. Agriculture sales in Buffalo and Dawson Counties accounted for approximately 5 percent of Nebraska's total of $29.4 billion in 2022. Watershed planning is authorized under the Watershed Protection and Flood Prevention Act of 1954 (Pub. L. 83-566), as amended, and the Flood Control Act of 1944 (Pub. L. 78-534).
                </P>
                <P>The project is essential to create and protect wildlife habitats, contributing to biodiversity and maintaining ecological balance. By effectively managing water resources, CPNRD plays a crucial role in reducing flood risks and safeguarding lives and property. The requirements of CPNRD for watershed projects include: having the power of eminent domain, obtaining necessary permits and licenses, alternative financing, securing land treatment agreements above reservoirs, encouraging public participation, demonstrating financial commitment, implementing watershed management features, and ensuring acceptable municipal and industrial water supply standards. These authorities collectively contribute to effective watershed management and sustainable resource use.</P>
                <P>This action is needed because areas of the Elm Creek and Turkey Creek Watersheds are repeatedly subject to damaging overland and flash flooding, including recent extensive flooding in 2019. The flood caused significant damage to properties and infrastructure, with estimated losses exceeding $35 million in the Kearney area.</P>
                <P>As a result of the new information obtained during the development of an environmental assessment, the level of analysis is more extensive than anticipated during the scoping held in 2021. The proposed action includes work to widen a stream channel to increase capacity where significant wildlife habitat exists. In accordance with 7 CFR 650.7(a)(1), an EIS is required.</P>
                <HD SOURCE="HD1">Preliminary Proposed Action and Alternatives, Including No Action</HD>
                <P>The EIS objective is to formulate and evaluate alternatives for the purpose of reducing flood risk and damages to the community of Kearney, and the Elm Creek and Turkey Creek Watershed project area. The EIS is expected to evaluate two alternatives: one action alternative and one no action alternative. The alternatives that may be considered for detailed analysis include:</P>
                <P>
                    • 
                    <E T="03">Alternative 1—No Action Alternative:</E>
                     Taking no action would consist of activities conducted if no federal action or funding were provided. If the No Action Alternative is selected, there would be no implementation of any flood damage reduction measures, and flood damages to communities and agricultural lands would continue. The conditions of this alternative were used as the baseline to evaluate the effectiveness of the other alternatives in reducing flooding damages. No federal action or funding would be associated with the No Action Alternative.
                </P>
                <P>
                    • 
                    <E T="03">Alternative 2—Proposed Action—Diversion Channels.</E>
                     This alternative involves creating diversion channels to redirect floodwaters away from Turkey Creek and toward the Platte River. Various potential locations for these diversion channels were explored across the watershed. Based on flood modeling, it was determined that one or more diversion channels could effectively mitigate flooding in Kearney and protect the surrounding agricultural areas. The public and landowners in the watershed also expressed support for this diversion channel approach.
                </P>
                <HD SOURCE="HD1">Summary of Expected Impacts</HD>
                <P>The proposed action includes widening a stream channel within critical habitat of the whooping crane. Per 7 CFR 650.7(a)(1), an EIS is required for projects that include stream channel realignment or work to modify channel capacity by deepening or widening where significant aquatic or wildlife habitat exists. The NRCS Nebraska State Conservationist, has determined that the preparation of an EIS is required for this watershed project. The EIS will be prepared as required by section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA); the Council on Environmental Quality Regulations (40 CFR parts 1500-1508); and NRCS regulations that implement NEPA in 7 CFR part 650.</P>
                <P>
                    Resource concerns for scoping were identified and categorized as relevant or not relevant to the proposed action. CPNRD and NRCS evaluated the current conditions of the Elm Creek and Turkey Creek watersheds, which have been repeatedly subjected to flooding problems. The limited capacity of the channels is intensified by overflows from the Kearney Canal entering Turkey Creek, adding further stress to the waterways. The flat topography has led to frequent overland flooding from both Elm and Turkey Creeks, resulting in repetitive flood damaged areas outside and within the Village of Elm Creek and within the City of Kearney and surrounding areas along with relevant resource concerns for each proposed solution. Environmental resources in the project area consist of the natural and human-made environment. Resource concerns to be identified and addressed in the Watershed Plan-EIS include critical habitat for the endangered Whooping Crane (
                    <E T="03">Grus americana</E>
                    ), includes restored and federally protected roosting, foraging, and wetland habitats along the Platte River bottom. Tableland and the watershed falls into Biologically Unique Landscape, due to its potential for improved soil health, agricultural productivity, increased wildlife habitat, improved water quality, and reduced erosion and land loss indicating its unique ecological features. The EIS will guide decision-making to ensure sustainable and responsible use of the watershed, to protect the Whooping Crane, other wildlife, and the unique ecological features of the area.
                </P>
                <HD SOURCE="HD1">Anticipated Permits and Authorizations</HD>
                <P>The following permits and authorizations are anticipated to be required:</P>
                <P>
                    • 
                    <E T="03">Federal Emergency Management Agency, Floodplain Development permit.</E>
                     Implementation of the proposed action would require coordination with the local floodplain administrator and may require a Floodplain Development Permit to ensure all development and engineering requirements for construction within the Special Flood Hazard Areas are implemented.
                </P>
                <P>
                    • 
                    <E T="03">Clean Water Act (CWA) and National Pollutant Discharge Elimination System (NPDES).</E>
                     The project would require water quality certification under section 401 of the CWA, permitting under section 402 of the NPDES, and section 404 of the CWA for potential wetland impacts.
                </P>
                <P>
                    • 
                    <E T="03">National Historic Preservation Act (NHPA) Section 106.</E>
                     Consultation with Tribal Nations and interested parties would be conducted as required by the NHPA.
                </P>
                <P>
                    • 
                    <E T="03">Nationwide Permit 43</E>
                     (Stormwater Management Facilities) was identified as an appropriate permitting mechanism for this project.
                </P>
                <P>
                    • 
                    <E T="03">Nebraska Department of Natural Resources Dam Safety Section</E>
                     to review and approve applicable final engineering plans and provide a construction permit prior to construction, if necessary.
                </P>
                <P>• Solid waste management and compliance, per the Nebraska Department of Energy and Environment regulations in Nebraska title 128 and title 132, must be followed during construction.</P>
                <HD SOURCE="HD1">Schedule of Decision-Making Process</HD>
                <P>
                    A Draft EIS (DEIS) will be prepared and circulated for review and comment by agencies, Tribes, consulting parties, 
                    <PRTPAGE P="50551"/>
                    and the public for 45 days as required by the regulations in 40 CFR 1503.1, 1502.20, 1506.11, and 1502.17, and 7 CFR 650.13. The DEIS is anticipated to be published in the 
                    <E T="04">Federal Register</E>
                    , approximately 6 months after publication of this NOI. A Final EIS is anticipated to be published within 5 months of completion of the public comment period for the DEIS.
                </P>
                <P>NRCS will decide whether to implement one of the action alternatives as evaluated in the EIS. A Record of Decision will be completed after the required 30-day waiting period and will be publicly available. The responsible Federal official and decision maker for NRCS is the Nebraska NRCS State Conservationist.</P>
                <HD SOURCE="HD1">Public Scoping Process</HD>
                <P>A public scoping meeting was held on February 23, 2021. Comments received, including the names and addresses of those who commented, were part of the public record. Scoping meeting presentation materials were available for review and comment for 30 days from February 23, 2021, through March 25, 2021. The date, time, and location for a second meeting will be announced on the project website.</P>
                <P>Federal, State, Tribal, local agencies and representatives, and the public were invited to take part in the watershed plan scoping period. CPNRD and NRCS organized the public scoping meeting to provide an opportunity to review and evaluate the project alternatives, express concern, or support, and gain further information regarding the project. To determine the most viable alternatives for the EIS, CPNRD used input obtained during public scoping discussions to focus on relevant resource concerns and issues and eliminated those that were not relevant from further detailed study.</P>
                <P>NRCS will coordinate the scoping process to correspond with section 106 of the National Historic Preservation Act (NHPA) (54 U.S.C. 306108) as allowed in 36 CFR 800.2(d)(3) and 800.8.</P>
                <HD SOURCE="HD1">Identification of Potential Alternatives, Information, and Analyses</HD>
                <P>NRCS invites agencies, Tribes, consulting parties, and individuals that have special expertise, legal jurisdiction, or interest in the Elm and Turkey Creeks watersheds to provide written comments concerning the scope of the analysis and identification of potential alternatives, information, and analyses relevant to the Proposed Action.</P>
                <P>The information about historic and cultural resources within the area potentially affected by the proposed project will assist NRCS in identifying and evaluating impacts to such resources in the context of both NEPA and NHPA.</P>
                <P>NRCS will consult with applicable Native American tribes on a government-to-government basis in accordance with the regulations in 36 CFR 800.2 and 800.3, Executive Order 13175, and other policies. Tribal concerns, including impacts on Indian trust assets and potential impacts to cultural resources and historic properties, will be given due consideration.</P>
                <HD SOURCE="HD1">Authorities</HD>
                <P>This document is published as specified by the NEPA regulations regarding publication of an NOI to issue an EIS (40 CFR 1501.9(d)). Watershed planning is authorized under the Watershed Protection and Flood Prevention Act of 1954, as amended and the Flood Control Act of 1944.</P>
                <HD SOURCE="HD1">Federal Assistance Programs</HD>
                <P>
                    The title and number of the Federal Assistance Program as found in the Assistance Listing 
                    <SU>1</SU>
                    <FTREF/>
                     to which this document applies is 10.904, Watershed Protection and Flood Prevention.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         See 
                        <E T="03">https://sam.gov/content/assistance-listings.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Executive Order 12372</HD>
                <P>Executive Order 12372, “Intergovernmental Review of Federal Programs,” requires consultation with State and local officials that would be directly affected by proposed Federal financial assistance. The objectives of the Executive order are to foster an intergovernmental partnership and a strengthened federalism, by relying on State and local processes for State and local government coordination and review of proposed Federal financial assistance and direct Federal development. This project is subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials.</P>
                <HD SOURCE="HD1">USDA Non-Discrimination Policy</HD>
                <P>In accordance with Federal civil rights law and USDA civil rights regulations and policies, USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family or parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.</P>
                <P>Individuals who require alternative means of communication for program information (for example, braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA TARGET Center at (202) 720-2600 (voice and telephone) or dial 711 for Telecommunications Relay Service (both voice and text telephone users can initiate this call from any phone). Additionally, program information may be made available in languages other than English.</P>
                <P>
                    To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at: 
                    <E T="03">https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint</E>
                     and at any USDA office or write a letter addressed to USDA and provide in the letter all the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail to: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250-9410; (2) Fax: (202) 690-7442; or (3) email: 
                    <E T="03">program.intake@usda.gov.</E>
                </P>
                <P>USDA is an equal opportunity provider, employer, and lender.</P>
                <SIG>
                    <NAME>Robert D. Lawson,</NAME>
                    <TITLE>Nebraska State Conservationist, Natural Resources Conservation Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13128 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-16-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Natural Resources Conservation Service</SUBAGY>
                <DEPDOC>[Docket No. NRCS-2024-0011]</DEPDOC>
                <SUBJECT>Notice of Intent To Prepare an Environmental Impact Statement for the Lower Bear River Watershed Plan in Box Elder County, Utah</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Natural Resources Conservation Service, USDA.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Intent (NOI) To Prepare an Environmental Impact Statement (EIS).</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Natural Resources Conservation Service (NRCS) Utah State Office announces its intent to prepare an EIS for the Lower Bear River 
                        <PRTPAGE P="50552"/>
                        Watershed Plan in Box Elder County, Utah. The proposed EIS will examine alternative solutions to address agricultural water management, prevent flooding, protect the watershed, and enhance recreational opportunities in Tremonton, Elwood, Bear River City, Garland, and portions of unincorporated Box Elder County. The Lower Bear River Watershed includes small cities and towns, existing irrigation and municipal water resource infrastructure, U.S. Forest Service-managed land in the upper watershed, and wetlands associated with the Great Salt Lake (GSL). NRCS is requesting comments to identify significant issues, potential alternatives, information, and analyses relevant to the proposed action from all interested individuals, Federal and State agencies, and Tribes.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>We will consider comments that we receive by July 15, 2024. We will consider comments received after close of the comment period to the extent possible.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>We invite you to submit comments in response to this notice. You may submit your comments through one of the methods below:</P>
                    <P>
                        • 
                        <E T="03">Federal eRulemaking Portal:</E>
                         Go to 
                        <E T="03">http://www.regulations.gov</E>
                         and search for docket ID NRCS-2024-0011. Follow the online instructions for submitting comments; or
                    </P>
                    <P>
                        • 
                        <E T="03">Mail or Hand Delivery:</E>
                         Derek Hamilton, Water Resources Coordinator, USDA, NRCS, Utah State Office, 125 S State Street, #4010, Salt Lake City, Utah 84138. In your comments, specify the docket ID NRCS-2024-0011.
                    </P>
                    <P>
                        All comments received will be posted without change and made publicly available on 
                        <E T="03">www.regulations.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Derek Hamilton: telephone: (801) 524-4560; email: 
                        <E T="03">derek.hamilton@usda.gov</E>
                        . Individuals who require alternative means for communication should contact the U.S. Department of Agriculture (USDA) Target Center at (202) 720-2600 (voice and text telephone (TTY)) or dial 711 for Telecommunications Relay service (both voice and text telephone users can initiate this call from any telephone).
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Purpose and Need</HD>
                <P>The primary purpose for the EIS is to protect the Lower Bear River Watershed in Box Elder County, Utah by providing management options to secure the agricultural water supply, developing secondary water systems for growing communities with limited water resources, reducing potential for flood damage in previously flooded areas, and enhancing recreational opportunities for the community. Watershed planning is authorized under the Watershed Protection and Flood Prevention Act of 1954 (Pub. L. 83-566), as amended, and the Flood Control Act of 1944 (Pub. L. 78-534).</P>
                <P>This watershed plan is cosponsored by the Bear River Water Conservancy District and the Bear River Canal Company. The proposed action is needed to address deficiencies in the agricultural water delivery system in the area by improving the reliability and efficiency of water delivery. Canal improvements, diversion and headgate automation, and secondary water systems are needed for sustainability and reliability within the watershed.</P>
                <P>Floodwater improvements, including piping and trenching to route flows and ponds and control gates to detain and release flows, are needed to reduce damage to farms, homes, roadways, businesses, and industry.</P>
                <P>Improvements such as levee construction, sediment removal, delivery system automation, and bank stabilization are needed to reduce flooding, erosion, sediment, and agriculture-related pollution and enhance wetlands and wildlife habitat.</P>
                <P>Additionally, trails are needed to enhance recreational opportunities to bike or walk within areas of the watershed.</P>
                <P>Estimated federal funds required for the construction of the proposed action may exceed $25 million and the proposed action will, therefore, require congressional approval per the 2018 Agriculture Appropriations Act amended funding threshold. In accordance with the regulation in 7 CFR 650.7(a)(2), an EIS is required for projects requiring congressional approval.</P>
                <HD SOURCE="HD1">Preliminary Proposed Action and Alternatives, Including No Action</HD>
                <P>The EIS objective is to formulate and evaluate alternatives for agricultural water management, flood control and prevention, watershed protection, and recreational opportunities in the 249,572 acre Lower Bear River Watershed area. The EIS is expected to evaluate three alternatives: two action alternatives, and one no action alternative. The alternatives that may be considered for detailed analysis include:</P>
                <P>
                    • 
                    <E T="03">Alternative 1—No Action Alternative:</E>
                     Taking no action would consist of activities conducted if no federal action or funding were provided. If the No Action Alternative is selected, the Hammond Main and West Canals would not be improved. Irrigators would likely have more periods without water to irrigate crops as repairs would be needed to address periodic canal failures. Water shortages would lead to associated crop and related economic losses. Communities within the watershed would need to restrict growth. Property owners would need to plan for periodic flooding of their properties and be prepared for the cleanup and repairs associated with that flooding. Managers of waterfowl habitat areas would need to remove sediment from key water holding areas periodically and would not be able to deliver water where it is needed in areas where levees are failing. The existing structures would continue to operate in their deteriorating condition and would not meet the purpose and need of agricultural water management improvement, flood prevention, watershed protection, or enhancement of recreational opportunities.
                </P>
                <P>
                    • 
                    <E T="03">Alternative 2—Proposed Action—Combine Canals Alternative.</E>
                     The proposed action would combine the Bear River Canal Company's Hammond Main Canal into the West Main Canal through the canyon area to reduce the breach risk and improve delivery efficiencies. The West Canal would be improved by installing box culverts through the canyon and would require siphoning water across the Bear River. This alternative would also install automation and telemetry to existing irrigation canal head gates, pipe the Highland Ditch and other canals to improve water delivery near the ends of canals, construct agricultural water equalization ponds, and construct secondary water systems within Tremonton, Elwood, Bear River City, and Garland. Additionally, to address flood concerns, this alternative would install flood control channels and ponds around Tremonton, construct a flood control pond in the Bothwell Pocket, and improve a spillway along the Malad River. To protect the watershed by reducing floodwaters, erosion, and sediment, and improving habitat near the GSL, the proposed action would improve levees, dikes, and banks along waterways near the GSL and the Bear River Migratory Bird Refuge and construct a sediment basin at Salt Creek. This alternative would also construct a recreational trail along the railway and an existing canal alignment through Tremonton to provide recreational opportunities.
                </P>
                <P>
                    • 
                    <E T="03">Alternative 3—Reasonable Alternative—Hammond Main and West Main Canal Improvement Alternative.</E>
                     The alternative would enclose the Bear River Canal Company's Hammond Main and West Main Canals through the canyon to reduce the breach risk and 
                    <PRTPAGE P="50553"/>
                    improve delivery efficiencies and would not require siphoning water across the Bear River. Besides the Hammond Main and West Main Canal improvements and associated actions, the remainder of agricultural water improvements (
                    <E T="03">i.e.,</E>
                     automation and telemetry installation, Highland Ditch and other canal piping, secondary water systems construction, etc.) and all flood control, watershed protection, and recreation improvements would be the same as in Alternative 2.
                </P>
                <HD SOURCE="HD1">Summary of Expected Impacts</HD>
                <P>As mentioned above, the estimated Federal contribution to construction cost will exceed $25 million.</P>
                <P>The EIS will be prepared as required by section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA); the Council on Environmental Quality Regulations (40 CFR parts 1500-1508); and NRCS regulations that implement NEPA in 7 CFR part 650.</P>
                <P>Resource concerns for scoping were identified and categorized as relevant or not relevant to the proposed action. The Bear River Water Conservancy District, the Bear River Canal Company, and NRCS evaluated the current condition of the Lower Bear River watershed along with relevant resource concerns for each proposed solution. Environmental resources in the project area consist of the natural and man-made resources. Resource concerns to be identified and addressed in the Watershed Plan-EIS include wetland and channel alteration, potential disturbances to wildlife, and disturbances to riparian areas. Long-term beneficial effects would include more efficient irrigation delivery for the agricultural system, water quality improvement, and irrigation water supply improvement through secondary water development. Additionally, proposed activities would reduce strain on existing secondary residential water supply systems, reduce flooding danger, protect the watershed, and provide recreational opportunities within the watershed.</P>
                <HD SOURCE="HD1">Anticipated Permits and Authorizations</HD>
                <P>The following permits and authorizations are anticipated to be required:</P>
                <P>
                    • 
                    <E T="03">Federal Emergency Management Agency Floodplain Development permit.</E>
                     Implementation of the proposed action would require coordination with the local floodplain administrator and may require a Floodplain Development Permit to ensure all development and engineering requirements for construction within the Special Flood Hazard Areas are implemented.
                </P>
                <P>
                    • 
                    <E T="03">Clean Water Act (CWA) and National Pollutant Discharge Elimination System (NPDES).</E>
                     The proposed action may require water quality certification under Section 401 of the CWA, permitting under Section 402 of the NPDES, and Section 404 of the CWA for potential impacts to wetlands and Waters of the United States.
                </P>
                <P>
                    • 
                    <E T="03">National Historic Preservation Act (NHPA) Section 106.</E>
                     Consultation with Tribal Nations and interested parties would be conducted as required by the NHPA.
                </P>
                <P>
                    • 
                    <E T="03">Local Encroachment.</E>
                     Consultation and potential encroachment permits would be required with Tremonton, Elwood, Bear River City, Garland, and Box Elder County for all construction work within the local roadway rights-of-way.
                </P>
                <P>
                    • 
                    <E T="03">Encroachment Permit.</E>
                     The proposed action may require coordination and permitting with Utah Department of Transportation for temporary construction work within state and federal roadway rights-of-way.
                </P>
                <HD SOURCE="HD1">Schedule of Decision-Making Process</HD>
                <P>
                    A Draft EIS (DEIS) will be prepared and circulated for review and comment by agencies, Tribes, consulting parties, and the public for 45 days as required by the regulations in 40 CFR 1503.1, 1502.20, 1506.11, and 1502.17, and 7 CFR 650.13. The DEIS is anticipated to be published in the 
                    <E T="04">Federal Register</E>
                    , approximately 21 months after publication of this NOI. A Final EIS is anticipated to be published within 3 months of completion of the public comment period for the DEIS.
                </P>
                <P>NRCS will decide whether to implement one of the action alternatives as evaluated in the EIS. A Record of Decision will be completed after the required 30-day waiting period and will be publicly available. The responsible Federal official and decision maker for NRCS is the Utah State Conservationist.</P>
                <HD SOURCE="HD1">Public Scoping Process</HD>
                <P>A public scoping meeting was held on November 9, 2023. Comments received, including the names and addresses of those who commented, are part of the public record. The date, time, and location for a second meeting will be announced on the project website.</P>
                <P>Federal, State, Tribal, local agencies and representatives, and the public were invited to take part in the watershed plan scoping period. The Bear River Water Conservancy District, the Bear River Canal Company, and NRCS organized the public scoping meeting to provide an opportunity to review and evaluate the project alternatives, express concern, or support, and gain further information regarding the project. To determine the most viable alternatives to carry forward to the EIS, the Bear River Water Conservancy District, the Bear River Canal Company, and NRCS used input obtained during public scoping discussions to focus on relevant resource concerns and issues and eliminated those that were not relevant from further detailed study. The U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, and U.S. Bureau of Reclamation have joined as cooperating agencies, and will continue to be consulted throughout this process.</P>
                <P>NRCS will coordinate the scoping process to correspond with Section 106 of the NHPA (54 U.S.C. 306108), as allowed in 36 CFR 800.2(d)(3) and 800.8.</P>
                <HD SOURCE="HD1">Identification of Potential Alternatives, Information, and Analyses</HD>
                <P>NRCS invites agencies, Tribes, consulting parties, and individuals that have special expertise, legal jurisdiction, or interest in the Lower Bear River Watershed Plan to provide written comments concerning the scope of the analysis and identification of potential alternatives, information, and analyses relevant to the Proposed Action.</P>
                <P>The information about historic and cultural resources within the area potentially affected by the proposed project will assist NRCS in identifying and evaluating impacts to such resources in the context of both NEPA and NHPA.</P>
                <P>NRCS will consult with Native American tribes on a government-to-government basis in accordance with the regulations in 36 CFR 800.2 and 800.3, Executive Order 13175, and other policies. Tribal concerns, including impacts on Indian trust assets and potential impacts to cultural resources and historic properties, will be given due consideration.</P>
                <HD SOURCE="HD1">Authorities</HD>
                <P>This document is published as specified by the NEPA regulations regarding publication of an NOI to issue an EIS (40 CFR 1501.9(d)). Watershed planning is authorized under the Watershed Protection and Flood Prevention Act of 1954, as amended and the Flood Control Act of 1944.</P>
                <HD SOURCE="HD1">Federal Assistance Programs</HD>
                <P>
                    The title and number of the Federal Assistance Program as found in the Assistance Listing 
                    <SU>1</SU>
                    <FTREF/>
                     to which this 
                    <PRTPAGE P="50554"/>
                    document applies is 10.904, Watershed Protection and Flood Prevention.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         See 
                        <E T="03">https://sam.gov/content/assistance-listings.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Executive Order 12372</HD>
                <P>Executive Order 12372, “Intergovernmental Review of Federal Programs,” requires consultation with State and local officials that would be directly affected by proposed Federal financial assistance. The objectives of the Executive order are to foster an intergovernmental partnership and a strengthened federalism, by relying on State and local processes for State and local government coordination and review of proposed Federal financial assistance and direct Federal development. This project is subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials.</P>
                <HD SOURCE="HD1">USDA Non-Discrimination Policy</HD>
                <P>In accordance with Federal civil rights law and USDA civil rights regulations and policies, USDA, its agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family or parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.</P>
                <P>Individuals who require alternative means of communication for program information (for example, braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA TARGET Center at (202) 720-2600 (voice and telephone) or dial 711 for Telecommunications Relay Service (both voice and text telephone users can initiate this call from any phone). Additionally, program information may be made available in languages other than English.</P>
                <P>
                    To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at: 
                    <E T="03">https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint</E>
                     and at any USDA office or write a letter addressed to USDA and provide in the letter all the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail to: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250-9410; (2) Fax: (202) 690-7442; or (3) email: 
                    <E T="03">program.intake@usda.gov.</E>
                </P>
                <P>USDA is an equal opportunity provider, employer, and lender.</P>
                <SIG>
                    <NAME>Travis Mote,</NAME>
                    <TITLE>Acting Utah State Conservationist, Natural Resources Conservation Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13062 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-16-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF AGRICULTURE</AGENCY>
                <SUBAGY>Rural Housing Service</SUBAGY>
                <DEPDOC>[Docket No. RHS-24-SFH-0009]</DEPDOC>
                <SUBJECT>Notice of Funding Availability for the Section 533 Housing Preservation Grant (HPG) for Fiscal Year 2024</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Rural Housing Service, Department of Agriculture.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Rural Housing Service (RHS or the Agency), a Rural Development (RD) mission area agency of the United States Department of Agriculture (USDA), announces the availability of $12.2 million in funding for the Housing Preservation Grant (HPG) program for fiscal year (FY) 2024, which includes approximately $2.2 million that will be made available for disaster assistance. The funds are available to eligible sponsoring organizations for the repair or rehabilitation of housing owned or occupied by low- and very-low-income rural citizens under the HPG Program. This notice announces the opening and closing dates for receipt of preapplications for HPG funds, including the availability of calendar year 2022 disaster assistance, from eligible applicants, as well as submission requirements. Expenses incurred in developing preapplications will be at the applicant's cost.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P> Completed preapplications for grants must be submitted according to one of the following methods:</P>
                    <P>
                        • 
                        <E T="03">Paper Submissions:</E>
                         The deadline for receipt of a paper preapplication is 4:30 p.m. local time, July 29, 2024. Applicants intending to mail preapplications must provide sufficient time to permit delivery on or before the closing deadline date and time. Acceptance by the United States Postal Service or private mailer does not constitute delivery. Facsimile (FAX), and postage due applications will not be accepted. The preapplication dates and times are firm. The Agency will not consider any preapplication received after the deadline.
                    </P>
                    <P>
                        • 
                        <E T="03">Electronic submissions:</E>
                         Electronic preapplications must be received by email or submitted to 
                        <E T="03">Grants.gov</E>
                        . The deadline for receipt of an electronic preapplication is 11:59 p.m. Eastern Time on July 29, 2024. The preapplication dates and times are firm. The Agency will not consider any preapplication received after the deadline. The Agency will not solicit or consider scoring or eligibility information that is submitted after the preapplication deadline. The Agency will not consider any preapplication received after the deadline. The Agency reserves the right to contact applicants to seek clarification information on materials contained in the submitted preapplication.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        <E T="03">Application Submission:</E>
                         Entities wanting to apply for assistance may download the preapplication documents and requirements as stated in this Notice from the HPG website: 
                        <E T="03">https://www.rd.usda.gov/programs-services/single-family-housing-programs/housing-preservation-grants.</E>
                         Applicants will also find the requirements in the HPG program regulation found in 7 CFR 1944 (Subpart N). Preapplication information for electronic submissions may be found at 
                        <E T="03">http://www.Grants.gov.</E>
                    </P>
                    <P>
                        Applicants may also request paper preapplication packages from the RD office in their state. A list of Rural Development State Office (RDSO) contacts can be found via: 
                        <E T="03">https://www.rd.usda.gov/about-rd/state-offices.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Mandy Couture, Finance and Loan Analyst, Single Family Housing Direct Division, Special Programs and New Initiatives Branch at (515) 418-2188 (voice) (this is not a toll-free number) or email: 
                        <E T="03">Mandy.Couture@usda.gov.</E>
                         You may also contact the RD office for the state in which the applicant is located. A list of RDSO contacts is provided at: 
                        <E T="03">https://www.rd.usda.gov/about-rd/state-offices.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Overview</HD>
                <P>
                    <E T="03">Federal Awarding Agency Name:</E>
                     Rural Housing Service.
                </P>
                <P>
                    <E T="03">Funding Opportunity Title:</E>
                     Housing Preservation Grant (HPG).
                </P>
                <P>
                    <E T="03">Announcement Type:</E>
                     Notice of Funding Availability (NOFA).
                </P>
                <P>
                    <E T="03">Funding Opportunity Number:</E>
                     USDA-RD-HCFP-HPG-2024.
                </P>
                <P>
                    <E T="03">Assistance Listing:</E>
                     10.433.
                    <PRTPAGE P="50555"/>
                </P>
                <P>
                    <E T="03">Dates:</E>
                     Completed preapplications for grants must be submitted according to one of the following methods:
                </P>
                <P>
                    • 
                    <E T="03">Paper Submissions:</E>
                     The deadline for receipt of a paper preapplication is 4:30 p.m. local time, July 29, 2024. Applicants intending to mail preapplications must provide sufficient time to permit delivery on or before the closing deadline date and time. Acceptance by the United States Postal Service or private mailer does not constitute delivery. Facsimile (FAX), and postage due applications will not be accepted. The preapplication dates and times are firm. The Agency will not consider any preapplication received after the deadline.
                </P>
                <P>
                    • 
                    <E T="03">Electronic submissions:</E>
                     Electronic preapplications must be received by email or submitted to 
                    <E T="03">Grants.gov.</E>
                     The deadline for receipt of an electronic application is 11:59 p.m. Eastern Time on July 29, 2024. The preapplication dates and times are firm. The Agency will not consider any preapplication received after the deadline. The Agency will not solicit or consider scoring or eligibility information that is submitted after the preapplication deadline. The Agency will not consider any preapplication received after the deadline. The Agency reserves the right to contact applicants to seek clarification information on materials contained in the submitted preapplication.
                </P>
                <P>
                    <E T="03">Rural Development Key Priorities:</E>
                     The Agency encourages applicants to consider projects that will advance the following key priorities (more details available at 
                    <E T="03">https://www.rd.usda.gov/priority-points</E>
                    ):
                </P>
                <P>• Reducing climate pollution and increasing resilience to the impacts of climate change through economic support to rural communities.</P>
                <P>• Ensuring all rural residents have equitable access to RD programs and benefits from RD funded projects; and</P>
                <P>• Assisting rural communities recover economically through more and better market opportunities and through improved infrastructure.</P>
                <P>
                    For further information, visit 
                    <E T="03">https://www.rd.usda.gov/priority-points.</E>
                </P>
                <HD SOURCE="HD1">A. Program Description</HD>
                <P>
                    1. 
                    <E T="03">Purpose of the Program.</E>
                     The HPG program is a grant program administered by the Single-Family Housing Programs of RHS. It is limited to eligible rural areas and to qualified entities (such as public agencies, private non-profit organizations, and federally recognized Tribes). Grant funds can be used to assist low- and very low-income homeowners in repairing and rehabilitating their homes in rural areas.
                </P>
                <P>Cooperative housing complexes (co-ops) and rental property owners may receive assistance under the HPG program if they agree to make such units available to very low- and low-income persons. Rental property owners can include section 515 and 538 rental properties if the eligibility requirements are met for the HPG program. In accordance with 7 CFR 1944.663, rental property owners, or the co-op, must agree to make the units repaired or rehabilitated available for occupancy to very low- or low-income persons for a period of not less than five years. The minimum five-year rent restriction for very low- and low-income tenants will only apply to the units that are repaired with the HPG funding. Any units within the property that were not repaired with HPG funding will not be subject to the five-year restriction.</P>
                <P>
                    2. 
                    <E T="03">Statutory and Regulatory Authority.</E>
                     Funding is authorized by section 533 of the Housing Act of 1949, as amended and pursuant to the Consolidated Appropriations Act, 2024 (Pub. L. 118-42); 42 U.S.C. 1490m, and 7 CFR part 1944, subpart N.
                </P>
                <P>
                    3. 
                    <E T="03">Definitions.</E>
                     The definitions applicable to this notice may be found at 7 CFR 1944.656.
                </P>
                <P>
                    4. 
                    <E T="03">Application of Awards.</E>
                     The Agency will review, evaluate, and score preapplications in response to this notice based on the provisions in 7 CFR 1944.679 and as indicated in this notice.
                </P>
                <HD SOURCE="HD1">B. Federal Award Information</HD>
                <P>
                    <E T="03">Type of Award:</E>
                     Grants.
                </P>
                <P>
                    <E T="03">Fiscal Year Funds:</E>
                     FY 2024 $12.2 million, to remain available until expended.
                </P>
                <P>
                    <E T="03">Available Funds:</E>
                     Approximately $12.2 million is made available to eligible participants. Approximately $2.2 million of this funding is available for disaster assistance. The disaster funding is made available from the Consolidated Appropriations Act, 2023, Division N, Title I. RHS may, at its discretion, increase the total level of funding available from any available source provided the awards meet the requirements of the statute which made the funding available to the Agency.
                </P>
                <P>
                    <E T="03">Award Amounts:</E>
                     As required by 7 CFR 1944.680, no single entity may be awarded more than 
                    <FR>1/2</FR>
                     of a state's allocation if there are two or more preapplications for a given state that meet the threshold criteria of 7 CFR 1944.679(a). Award amounts available in FY 2024 State Allocation have not been finalized and can be obtained from the RDSO. An award made for disaster assistance may not exceed a maximum award amount of $50,000, with no state maximum for the number of such disaster assistance awards.
                </P>
                <P>
                    A list of RDSO contacts is provided at: 
                    <E T="03">https://www.rd.usda.gov/about-rd/state-offices.</E>
                </P>
                <P>
                    <E T="03">Anticipated Award Date:</E>
                     The Agency anticipates making awards approximately 120 days after the application deadline.
                </P>
                <P>
                    <E T="03">Performance Period:</E>
                     24 months from the executed grant agreement.
                </P>
                <P>
                    <E T="03">Renewal or Supplemental Awards:</E>
                     None.
                </P>
                <P>
                    <E T="03">Approximate Number of Awards:</E>
                     The number of awards will depend on the number of eligible participants and the total amount of requested funds. Based on the Agency's prior experience with this program, it expects to make approximately 80-120 awards.
                </P>
                <HD SOURCE="HD1">C. Eligibility Information</HD>
                <P>
                    1. 
                    <E T="03">Eligible Applicants.</E>
                     (a) Potential applicants must meet the eligibility requirements of 7 CFR 1944.658. Additionally, potential applicants must meet the requirements of 7 CFR 1944.661, 1944.662, and/or 1944.686 as applicable. Eligible entities for these competitively awarded grants must meet the definition of “organization” as defined in 7 CFR 1944.656. Eligible entities include State and local governments, non-profit corporations, which may include, but not be limited to Faith-Based and community organizations; federally recognized Indian Tribes; and consortia of eligible entities. HPG applicants who were previously selected for HPG funds are eligible to submit new preapplications to apply for FY 2024 HPG program funds. An additional HPG grant may be made when the grantee has achieved or nearly achieved the goals established for the previous or existing grant. The commitment of program dollars will be made to selected applicants who have fulfilled the necessary requirements for obligations. Awards for disaster assistance grants may be made only for disaster declared as a presidentially declared disaster during calendar year 2022 presidentially declared area(s). A presidentially declared disaster is defined as a “major disaster or emergency” declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121 
                    <E T="03">et seq.</E>
                    ). A list of 2022 presidentially declared disasters can be viewed at 
                    <E T="03">https://www.fema.gov/disaster/declarations.</E>
                </P>
                <P>
                    2. 
                    <E T="03">Cost Sharing or Matching.</E>
                     Pursuant to 7 CFR 1944.652(a)(1), grantees are expected to coordinate and leverage funding for repair and rehabilitation activities; as well as replacement housing, with housing and community 
                    <PRTPAGE P="50556"/>
                    development organizations or activities operating in the same geographic area. While it is encouraged that HPG funds be leveraged with other resources, cost sharing or matching is not a requirement for the HPG applicant, and the HPG applicant would not necessarily be denied an award of HPG funds if all other required project selection criteria described in this notice and at 7 CFR 1944.679(a) have been met.
                </P>
                <P>
                    3. 
                    <E T="03">Discretionary Points.</E>
                     None.
                </P>
                <P>
                    4. 
                    <E T="03">Other.</E>
                     Awards made under this Notice are subject to the provisions contained in the Consolidated Appropriations Act, 2024 (Pub. L. 118-47, division E title VII, sections 744 and 745, regarding Corporate Felony Convictions and Corporate Federal Tax Delinquencies; and the Further Consolidated Appropriations Act, 2024 division B, title VII sections 744 and 745. To comply with these provisions, only applicants that are or propose to be, corporations will be required submit Form AD 3030, “Representations Regarding Felony Conviction and Tax Delinquent Status for Corporate Applicants” as part of their preapplication.
                </P>
                <P>There are no limits on proposed direct and indirect costs. Expenses incurred in developing preapplications will be at the applicant's cost.</P>
                <HD SOURCE="HD1">D. Application and Submission Information</HD>
                <P>
                    1. 
                    <E T="03">Address to Request Application Package.</E>
                     Entities wanting to apply for assistance may download the preapplication documents for this Notice from the HPG website: 
                    <E T="03">https://www.rd.usda.gov/programs-services/single-family-housing-programs/housing-preservation-grants.</E>
                     Application information for electronic submissions may be found at 
                    <E T="03">https://www.grants.gov.</E>
                </P>
                <P>
                    Applicants may also request a paper application package from the RD office in their state. A list of RDSO contacts can be found via 
                    <E T="03">https://www.rd.usda.gov/about-rd/state-offices.</E>
                </P>
                <P>
                    2. 
                    <E T="03">Content and Form of Application Submission.</E>
                     All requirements for submission of a preapplication under the Housing Preservation Program are subject to 7 CFR part 1944, subpart N. If the applicant is ineligible or the preapplication is incomplete, the Agency will inform the applicant in writing of the decision, reasons therefore, and its appeal rights and no further evaluation of the application will occur.
                </P>
                <P>As specified by 7 CFR 1944.676, the Agency requires applicants to submit the following information to make an eligibility determination:</P>
                <P>1. An SF-424, “Application for Federal Assistance”;</P>
                <P>
                    (i) Made available by contacting any RDSO at the website: 
                    <E T="03">http://www.rd.usda.gov/contact-us/state-offices;</E>
                     or
                </P>
                <P>
                    (ii) 
                    <E T="03">Grants.gov</E>
                     at the following website: 
                    <E T="03">https://www.grants.gov.</E>
                </P>
                <P>2. A statement of activities proposed by the applicant for its HPG program as appropriate to the type of assistance the applicant is proposing, including:</P>
                <P>(i) A complete discussion of the type of and conditions for financial assistance for housing preservation, including whether the request for assistance is for a homeowner assistance program, a rental property assistance program, or a cooperative assistance program.</P>
                <P>(ii) The process for selecting recipients for HPG assistance, determining housing preservation needs of the dwelling, performing the necessary work, and monitoring/inspecting work performed.</P>
                <P>(iii) A description of the process for identifying potential environmental impacts in accordance with § 1944.672 of this subpart, and the provisions for compliance with Stipulation I.A-G of the PMOA (RD Instruction 2000-FF available in any Rural Development office) in accordance with 7 CFR 1944.673(b) . With the exception of Stipulation I.D of the PMOA, this may be accomplished by adoption of exhibit F-1 within RD Instruction 1944-N (available in any Rural Development office), or another process supplying similar information acceptable to Rural Development.</P>
                <P>(iv) The development standard(s) the applicant will use for the housing preservation work; and, if not the RD standards for existing dwellings, the evidence of its acceptance by the jurisdiction where the grant will be implemented.</P>
                <P>(v) The time schedule for completing the program.</P>
                <P>(vi) The staffing required to complete the program.</P>
                <P>(vii) The estimated number of very low- and low-income minority and non-minority persons the grantee will assist with HPG funds; and, if a rental property or cooperative assistance program, the number of units and the term of restrictive covenants on their use for very low- and low-income.</P>
                <P>(viii) The geographical area(s) to be served by the HPG program.</P>
                <P>
                    (ix) The annual estimated budget for the program period based on the financial needs to accomplish the objectives outlined in the proposal. The budget should include proposed direct and indirect administrative costs, such as personnel, fringe benefits, travel, equipment, supplies, contracts, and other cost categories, detailing those costs for which the grantee proposes to use the HPG grant separately from non-HPG resources, if any. The applicant budget should also include a schedule (with amounts) of how the applicant proposes to draw HPG grant funds, 
                    <E T="03">i.e.,</E>
                     monthly, quarterly, lump sum for program activities, etc. The applicant can use SF-424A to provide this information.
                </P>
                <P>(x) A copy of an indirect cost proposal/rate or direct cost policy when the applicant has another source of federal funding in addition to the RD HPG program.</P>
                <P>(xi) A brief description of the accounting system to be used.</P>
                <P>(xii) The method of evaluation to be used by the applicant to determine the effectiveness of its program which encompasses the requirements for quarterly reports to RD in accordance with 7 CFR 1944.683(b) and the monitoring plan for rental properties and cooperatives (when applicable) according to 7 CFR 1944.689.</P>
                <P>(xiii) The source and estimated amount of other financial resources to be obtained and used by the applicant for both HPG activities and housing development and/or supporting activities.</P>
                <P>(xiv) The use of program income if any, and the tracking system used for monitoring same.</P>
                <P>(xv) The applicant's plan for disposition of any security instruments held by them as a result of its HPG activities in the event of its loss of legal status.</P>
                <P>(xvi) Any other information necessary to explain the proposed HPG program.</P>
                <P>(xvii) The outreach efforts outlined in 7 CFR 1944.671(b).</P>
                <P>
                    3. 
                    <E T="03">Experience.</E>
                     Complete information about the applicant's experience and capacity to carry out the objectives of the proposed HPG program.
                </P>
                <P>
                    4. 
                    <E T="03">Evidence of Legal Existence.</E>
                     Evidence of the applicant's legal existence, including, in the case of a private non-profit organization, a copy of, or an accurate reference to, the specific provisions of State law under which the applicant is organized; a certified copy of the applicant's Articles of Incorporation and Bylaws or other evidence of corporate existence; certificate of incorporation for applicants other than public bodies; evidence of good standing from the state when the corporation has been in existence one year or more; and the names and addresses of the applicant's members, directors and officers. If other organizations are members of the 
                    <PRTPAGE P="50557"/>
                    applicant-organization, or the applicant is a consortium, preapplications should be accompanied by the names, addresses, and principal purpose of the other organizations. If the applicant is a consortium, documentation showing compliance with paragraph (4)(ii) under the definition of “organization” in 7 CFR 1944.656 must also be included.
                </P>
                <P>
                    5. 
                    <E T="03">Audited and Financial Statements.</E>
                     For a private non-profit entity, the most recent audited statement and a current financial statement dated and signed by an authorized officer of the entity showing the amounts and specific nature of assets and liabilities together with information on the repayment schedule and status of any debt(s) owed by the applicant. If the applicant is an organization being assisted by another private non-profit organization, the same type of financial statement should also be provided by that organization.
                </P>
                <P>
                    6. 
                    <E T="03">Narrative Statement.</E>
                     A brief narrative statement which includes information about the area to be served and the need for improved housing (including both percentage and the actual number of both low-income and low-income minority households and substandard housing), the need for the type of housing preservation assistance being proposed, the anticipated use of HPG resources for historic properties, and the method of evaluation to be used by the applicant in determining the effectiveness of its efforts (according to 7 CFR 1944.676(b)(1)(xii)).
                </P>
                <P>
                    7. 
                    <E T="03">Alleviating Overcrowding Statement.</E>
                     A statement containing the component for alleviating any overcrowding as defined by 7 CFR 1944.656.
                </P>
                <P>
                    8. 
                    <E T="03">List of Other Activities.</E>
                     A list of other activities the applicant is engaged in and expects to continue, a statement as to any other funding, and whether it will have sufficient funds to assure continued operation of the other activities for at least the period of the HPG grant agreement.
                </P>
                <P>
                    9. 
                    <E T="03">Project Selection Criteria.</E>
                     Any other information necessary to address the selection criteria in 7 CFR 1944.679.
                </P>
                <P>
                    10. 
                    <E T="03">Environmental Compliance Agreement.</E>
                     The applicant must comply with the requirements of 7 CFR part 1970 and submit RD Instruction 1970-A Exhibit H “Multi-tier Action Environmental Compliance Agreement.”
                </P>
                <P>
                    11. 
                    <E T="03">Public Participation and Intergovernmental Review.</E>
                     Intergovernmental Review. In accordance with 7 CFR 1944.674(c), the HPG program is subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. RD conducts intergovernmental consultation as implemented with 2 CFR part 415, subpart C. Not all States have chosen to participate in the intergovernmental review process. A list of participating States is available at the following website: 
                    <E T="03">https://www.whitehouse.gov/omb/management/office-federal-financial-management/.</E>
                     Preapplications from federally recognized Indian Tribes are not subject to this requirement.
                </P>
                <P>(i) The applicant must submit written statements and related correspondence reflecting compliance with 7 CFR 1944.674(a) regarding consultation with local leaders from the county, parish, and/or township governments of the area where the HPG activities will take place for the purpose of assuring that the proposed HPG program is beneficial and does not duplicate current activities. American Indian nonprofit organization applicants should obtain the written concurrence of the tribal governing body in lieu of consulting with the county governments when the program is operated only on tribal land.</P>
                <P>(ii) The applicant is to make its statement of activities available to the public for comment prior to submission to RD pursuant to 7 CFR 1944.674(b). The applicant(s) must announce the availability of its statement of activities for review in a print or online newspaper of general circulation in the project area and allow at least 15 days for public comment. The start of this 15-day period must occur no later than 16 days prior to the last day for acceptance of preapplications by the Agency. Federally recognized Indian Tribes, pursuant to 7 CFR 1944.674, should obtain the written concurrence of the tribal governing body in lieu of consulting with the county governments when the program is operated only on tribal land. The preapplication must contain a description of how the comments (if any were received) were addressed.</P>
                <P>12. Equal Opportunity Agreement. The applicant must submit an original of Form RD 400-1, “Equal Opportunity Agreement” and Form RD 400-4, “Assurance Agreement” in accordance with 7 CFR 1944.676.</P>
                <P>13. RD Instruction 2000-FF. Provided for informational purposes during the preapplication period per 7 CFR 1944.673.</P>
                <P>Applicants should review 7 CFR part 1944, subpart N for a comprehensive list of all application requirements. Preapplications will not be considered for funding if they do not provide sufficient information to determine eligibility or are missing required elements.</P>
                <P>
                    Applicants must collect and maintain data provided by recipients on race, sex, and national origin and ensure ultimate recipients collect and maintain this data as described in 7 CFR 1944.671. Race and ethnicity data will be collected in accordance with OMB 
                    <E T="04">Federal Register</E>
                     notice, “Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity” (62 FR 58782), October 30, 1997. Sex data will be collected in accordance with Title IX of the Education Amendments of 1972. These items should not be submitted with the application but should be available upon request by the Agency.
                </P>
                <P>The applicant and the recipient must comply with title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, the Americans with Disabilities Act (ADA), section 504 of the Rehabilitation Act of 1973, Age Discrimination Act of 1975, Executive Order 12250, Executive Order 13166 Limited English Proficiency (LEP), and 7 CFR part 1901, subpart E.</P>
                <P>Debarment and suspension information is required in accordance with 2 CFR 180 and 2 CFR 417 (OMB's Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) (Non procurement Debarment and Suspension) supplemented by 2 CFR 180 and 2 CFR 417 (Nonprocurement Debarment and Suspension) if it applies. The section heading is “What information must I provide before entering into a covered transaction with a Federal agency?” located at 2 CFR 180.335. It is part of OMB's Guidance for Grants and Agreements concerning Governmentwide Debarment and Suspension. Applicants are not eligible if they have been debarred or suspended or otherwise excluded from, or ineligible for, participation in Federal assistance programs under 2 CFR parts 180 and 417.</P>
                <P>
                    3. 
                    <E T="03">System for Award Management and Unique Entity Identifier.</E>
                </P>
                <P>
                    (a) At the time of application, each applicant must have an active registration in the System for Award Management (SAM) before submitting its application in accordance with 2 CFR 25 (
                    <E T="03">https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25</E>
                    ). To register in SAM, entities will be required to obtain a Unique Entity Identifier (UEI). Instructions for obtaining the UEI are available at 
                    <E T="03">https://sam.gov/content/entity-registration.</E>
                </P>
                <P>
                    (b) Applicant must maintain an active SAM registration, with current, accurate and complete information, at all times during which it has an active Federal award or an application under 
                    <PRTPAGE P="50558"/>
                    consideration by a Federal awarding agency.
                </P>
                <P>(c) Applicant must ensure they complete the Financial Assistance General Certifications and Representations in SAM.</P>
                <P>
                    (d) Applicants must provide a valid UEI in its application, unless determined exempt under 2 CFR 25.110 (
                    <E T="03">https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-25/subpart-A/section-25.110</E>
                    ).
                </P>
                <P>(e) The Agency will not make an award until the applicant has complied with all SAM requirements including providing the UEI. If an applicant has not fully complied with the requirements by the time the Agency is ready to make an award, the Agency may determine that the applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another applicant.</P>
                <P>
                    4. 
                    <E T="03">Submission Dates and Times.</E>
                     The Agency will not solicit or consider new scoring or eligibility information that is submitted after the preapplication deadline. RHS also reserves the right to ask applicants for clarifying information and additional verification of assertions in the application.
                </P>
                <P>
                    5. 
                    <E T="03">Intergovernmental Review.</E>
                     Executive Order (E.O.) 12372, “Intergovernmental Review of Federal Programs,” applies to this program. This E.O. requires that Federal agencies provide opportunities for consultation on proposed assistance with State and local governments. Many states have established a Single Point of Contact (SPOC) to facilitate this consultation. For a list of States that maintain a SPOC, please see the White House website: 
                    <E T="03">https://www.whitehouse.gov/omb/management/office-federal-financial-management/.</E>
                     If your State has a SPOC, you may submit a copy of the application directly for review. Any comments obtained through the SPOC must be provided to your State Office for consideration as part of your application. If your state has not established a SPOC, you may submit your application directly to the Agency. Applications from Federally recognized Indian Tribes are not subject to this requirement.
                </P>
                <P>
                    6. 
                    <E T="03">Funding Restrictions.</E>
                     Applications must be for eligible purposes as defined above and must comply with the grant fund limitations found within 7 CFR 1944. There are no limits on proposed direct and indirect costs. Expenses incurred in developing preapplications will be at the applicant's cost.
                </P>
                <P>
                    7. 
                    <E T="03">Other Submission Requirements:</E>
                     None.
                </P>
                <HD SOURCE="HD1">E. Pre-Application Review Information</HD>
                <P>
                    1. 
                    <E T="03">Criteria.</E>
                </P>
                <P>All eligible and complete preapplications for section 533 HPG funds must be filed with the appropriate RDSO and all paper or electronic preapplications must meet the requirements of this Notice and 7 CFR 1944.679. Preapplications determined not eligible and/or not meeting the selection criteria will be notified by the RDSO.</P>
                <P>
                    2. 
                    <E T="03">Review and Selection Process.</E>
                </P>
                <P>The Agency reserves the right to offer the applicant less than the grant funding requested. RDSOs will utilize the following threshold project selection criteria for applicants in accordance with 7 CFR 1944.679:</P>
                <P>(a) Providing a financially feasible program of housing preservation assistance. “Financially feasible” is defined as proposed assistance which will be affordable to the intended recipient or result in affordable housing for very low- and low-income persons.</P>
                <P>(b) Serving eligible rural areas with a concentration of substandard housing for households of very low- and low-income.</P>
                <P>(c) Being an eligible applicant as defined in 7 CFR 1944.658.</P>
                <P>(d) Meeting the requirements of consultation and public comment in accordance with 7 CFR 1944.674.</P>
                <P>(e) Submitting a complete preapplication as outlined in 7 CFR 1944.676.</P>
                <P>
                    3. 
                    <E T="03">Scoring.</E>
                </P>
                <P>For applicants meeting all the requirements listed above, the RDSOs will use weighted criteria in accordance with 7 CFR 1944.679(b) as selection for the grant recipients. Each preapplication and its accompanying statement of activities will be evaluated and, based solely on the information contained in the preapplication, the applicant's proposal will be numerically rated on each criterion within the range provided. The highest-ranking applicant(s) will be selected based on allocation of funds available to the state.</P>
                <P>(1) Points are awarded based on the percentage of very low-income persons that the applicant proposes to assist, using the following scale:</P>
                <FP SOURCE="FP-1">(i) More than 80%: 20 points</FP>
                <FP SOURCE="FP-1">(ii) 61% to 80%: 15 points</FP>
                <FP SOURCE="FP-1">(iii) 41% to 60%: 10 points</FP>
                <FP SOURCE="FP-1">(iv) 20% to 40%: 5 points</FP>
                <FP SOURCE="FP-1">(v) Less than 20%: 0 points</FP>
                <P>(2) The applicant's proposal may be expected to result in the following percentage of HPG fund use (excluding administrative costs) to total cost of unit preservation. This percentage reflects maximum repair or rehabilitation with the least possible HPG funds due to leveraging, innovative financial assistance, owner's contribution, or other specified approaches. Points are awarded based on the following percentage of HPG funds (excluding administrative costs) to total funds:</P>
                <FP SOURCE="FP-1">(i) 50% or less: 20 points</FP>
                <FP SOURCE="FP-1">(ii) 51% to 65%: 15 points</FP>
                <FP SOURCE="FP-1">(iii) 66% to 80%: 10 points</FP>
                <FP SOURCE="FP-1">(iv) 81% to 95%: 5 points</FP>
                <FP SOURCE="FP-1">(v) 96% to 100%: 0 points</FP>
                <P>(3) The applicant has demonstrated its administrative capacity in assisting very low- and low-income persons to obtain adequate housing based on the following:</P>
                <P>(i) The organization or a member of its staff has at least one or more years of experience successfully managing and operating a rehabilitation or weatherization type program: 10 points.</P>
                <P>(ii) The organization or a member of its staff has at least one or more years of experience successfully managing and operating a program assisting very low- and low-income persons obtain housing assistance: 10 points.</P>
                <P>(iii) If the organization has administered grant programs, there are no outstanding or unresolved audit or investigative findings which might impair carrying out the proposal: 10 points.</P>
                <P>
                    (4) The proposed program will be undertaken entirely in rural areas outside Metropolitan Statistical Areas (MSAs) identified by RD as having populations below 10,000 or in remote parts of other rural areas (
                    <E T="03">i.e.,</E>
                     rural areas contained in MSAs with less than 5,000 population) as defined in 7 CFR 1944.656: 10 points.
                </P>
                <P>(5) The program will use less than 20 percent of HPG funds for administration purposes:</P>
                <FP SOURCE="FP-1">(i) More than 20%: Not eligible</FP>
                <FP SOURCE="FP-1">(ii) 20%: 0 points</FP>
                <FP SOURCE="FP-1">(iii) 19%: 1 point</FP>
                <FP SOURCE="FP-1">(iv) 18%: 2 points</FP>
                <FP SOURCE="FP-1">(v) 17%: 3 points</FP>
                <FP SOURCE="FP-1">(vi) 16%: 4 points</FP>
                <FP SOURCE="FP-1">(vii) 15% or less: 5 points</FP>
                <P>(6) The proposed program contains a component for alleviating overcrowding as defined in 7 CFR 1944.656: 5 points.</P>
                <P>In the event more than one preapplication receives the same number of points, those preapplications will then be ranked based on the actual percentage figure used for determining the points in item (1) in the “Scoring” section of this Notice (7 CFR 1944.679 (b)(1)).</P>
                <P>Example of 1st tie-break:</P>
                <FP SOURCE="FP-1">Both Applicants score 80 points</FP>
                <FP SOURCE="FP-1">
                    Applicant X's percentage in “Scoring” section item (1) is 65%
                    <PRTPAGE P="50559"/>
                </FP>
                <FP SOURCE="FP-1">Applicant B's percentage in “Scoring” section item (1) is 75%</FP>
                <FP SOURCE="FP-1">Applicant B is ranked higher than Applicant X</FP>
                <FP SOURCE="FP-1">Applicant B will be funded before Applicant X</FP>
                <P>Further, if preapplications are still tied, then those preapplications still tied will be ranked based on the percentage figures used for determining the points in item (2) in the “Scoring” section of this Notice.</P>
                <P>Example of 2nd tie-break:</P>
                <FP SOURCE="FP-1">Both Applicants score 80 points</FP>
                <FP SOURCE="FP-1">Both Applicants percentage in “Scoring” section item (1) is 65%</FP>
                <FP SOURCE="FP-1">Applicant X's percentage in “Scoring” section item (2) is 55%</FP>
                <FP SOURCE="FP-1">Applicant B's percentage in “Scoring” section item (2) is 60%</FP>
                <FP SOURCE="FP-1">Applicant X is ranked higher with a lower percentage than Applicant B</FP>
                <FP SOURCE="FP-1">Applicant X will be funded before Applicant B</FP>
                <P>Further for preapplications where HPG assistance to rental properties or co-ops is proposed, those still tied will be further ranked based on the number of years the units are available for occupancy under the program (a minimum of five years is required). For this part, ranking will be based on most to least number of years.</P>
                <P>Example of 3rd tie-break:</P>
                <FP SOURCE="FP-1">Both Applicants score 80 points</FP>
                <FP SOURCE="FP-1">Both Applicants percentage in “Scoring” section item (1) is 65%</FP>
                <FP SOURCE="FP-1">Both Applicants percentage in “Scoring” section item (2) is 55%</FP>
                <FP SOURCE="FP-1">Applicant X's rental unit will be available for occupancy under the program for 10 years</FP>
                <FP SOURCE="FP-1">Applicant B's rental unit will be available for occupancy under the program for 5 years</FP>
                <FP SOURCE="FP-1">Applicant X is ranked higher than Applicant B</FP>
                <FP SOURCE="FP-1">Applicant X will be funded before Applicant B</FP>
                <P>If any of the applicants that remain tied after the 1st and 2nd tie-breaks are offering to assist single family owners, then the 3rd tie-break would not be applicable, and a lottery would be used to select the applicant to be funded.</P>
                <P>If there is still a tie after the first two (or three, when applicable) tie-breaks, then a lottery system will be used to select the applicant to be funded. The lottery will be conducted at the National Office. The lottery will consist of the names of each preapplication with equal scores printed onto a same size piece of paper, which will then be placed into a receptacle that fully obstructs the view of the names. The Director of the Single-Family Housing Division, in the presence of two witnesses, will draw a piece of paper from the receptacle. The name on the piece of paper drawn will be the applicant to be funded.</P>
                <P>After the award selections are made by the National Office, all applicants will be notified of the status of their preapplications in writing. Applicants will be given their review rights or appeal rights in accordance with 7 CFR 1944.682.</P>
                <HD SOURCE="HD1">F. Federal Award Administration Information</HD>
                <P>
                    1. 
                    <E T="03">Federal Award Notices.</E>
                </P>
                <P>The Agency will notify in writing, applicants whose preapplications have been selected for funding. At the time of notification, the Agency will advise the applicant what further information and documentation is required along with a timeline for submitting the additional information. If the Agency determines it is unable to select the preapplication for funding, the applicant will be informed in writing. Such notification will include the reasons the applicant was not selected. The Agency will advise applicants, whose preapplications did not meet eligibility and/or selection criteria, of their review rights or appeal rights in accordance with 7 CFR 1944.682.</P>
                <P>
                    2. 
                    <E T="03">Administrative and National Policy Requirements.</E>
                </P>
                <P>(a) The following additional requirements apply to grantees selected for this program:</P>
                <FP SOURCE="FP-1">(i) Form SF-424, “Application for Federal Assistance”</FP>
                <FP SOURCE="FP-1">(ii) Form RD 1940-1, “Request for Obligation of Funds”</FP>
                <FP SOURCE="FP-1">(iii) RD Instruction 1944-N Exhibit A, “Housing Preservation Grant Agreement”</FP>
                <FP SOURCE="FP-1">(iv) Letter of Conditions (if applicable)</FP>
                <FP SOURCE="FP-1">(v) Form RD 1942-46, “Letter of Intent to Meet Conditions” (if applicable)</FP>
                <FP SOURCE="FP-1">(vi) RD Instruction 1940-Q Exhibit A-1, “Certification for Contracts, Grants and Loans” (if applicable)</FP>
                <FP SOURCE="FP-1">(vii) Form SF 3881, “ACH Vendor Payment Enrollment Form”</FP>
                <FP SOURCE="FP-1">(viii) Form SF 270, “Request for Advance or Reimbursement”</FP>
                <FP SOURCE="FP-1">(ix) Form SF 425, “Federal Financial Report”</FP>
                <FP SOURCE="FP-1">(x) RD Instruction 1944-N Exhibits E-1 and E-2, “Quarterly (Final) Performance Report” and “Quarterly (Final) Performance Report Guide”</FP>
                <FP SOURCE="FP-1">(xi) RD Instruction 1970-B Exhibit D, “Categorical Exclusion Form”</FP>
                <FP SOURCE="FP-1">(xii) RD Instruction 1944-N Exhibit F-1, “Grantee's Process for Identifying Properties Requiring Rural Development Environmental Assessments”</FP>
                <FP SOURCE="FP-1">(xiii) FEMA Form FF-206-FY-21-116 (formerly 086-0-32), “Standard Flood Hazard Determination Form (SFHDF)”</FP>
                <FP SOURCE="FP-1">(xiv) Execute Form SF-LLL, “Disclosure of Lobbying Activities” (if applicable)</FP>
                <P>
                    The grant recipient must include the required nondiscrimination statements in any of their advertisements and brochures. Grantees will be required to collect and maintain data provided by recipients on race, sex, and national origin and ensure recipients collect and maintain this data. Race and ethnicity data will be collected in accordance with OMB 
                    <E T="04">Federal Register</E>
                     notice, “Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity,” (62 FR 58782), October 30, 1997. Data on recipients' sex will be collected in accordance with Title IX of the Education Amendments of 1972. These items should not be submitted with the application but should be available upon request by the Agency.
                </P>
                <P>
                    3. 
                    <E T="03">Reporting.</E>
                     Performance reporting, including applicable forms, narratives, and other documentation, are to be completed and submitted in accordance with the provisions of 7 CFR 1944.683 and the Grant Agreement. Further, all grantees must submit an audit or financial information covering the defined period of performance as outlined in 7 CFR 1944.688 and the Grant Agreement.
                </P>
                <HD SOURCE="HD1">G. Federal Awarding Agency Contact(s)</HD>
                <P>
                    For general questions about this announcement, please contact Mandy Couture, Finance and Loan Analyst, Single Family Housing Direct Division, Special Programs and New Initiatives Branch at (515) 418-2188 (voice) (this is not a toll-free number) or email: 
                    <E T="03">Mandy.Couture@usda.gov.</E>
                     The Program website also provides up to date contact information at 
                    <E T="03">https://www.rd.usda.gov/programs-services/single-family-housing-programs/housing-preservation-grants#contact.</E>
                </P>
                <HD SOURCE="HD1">H. Other Information</HD>
                <P>
                    1. 
                    <E T="03">Paperwork Reduction Act.</E>
                     In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the information collection requirements associated with the programs, as covered in this notice, have been approved by the Office of Management and Budget (OMB) under OMB Control Number 0575-0157.
                </P>
                <P>
                    2. 
                    <E T="03">National Environmental Policy Act.</E>
                     All recipients under this notice are subject to the requirements of 7 CFR part 1970.
                </P>
                <P>
                    3. 
                    <E T="03">Federal Funding Accountability and Transparency Act.</E>
                     All applicants, in accordance with 2 CFR part 25, must be registered in SAM and have a UEI number as stated in section D.3 of this 
                    <PRTPAGE P="50560"/>
                    notice. All recipients of Federal financial assistance are required to report information about first-tier sub-awards and executive total compensation in accordance with 2 CFR part 170.
                </P>
                <P>
                    4. 
                    <E T="03">Civil Rights Act.</E>
                     All grants made under this notice are subject to Title VI of the Civil Rights Act of 1964 as required by the USDA (7 CFR part 15, subpart A- Nondiscrimination in Federally-Assisted Programs of the Department of Agriculture—Effectuation of title VI of the Civil Rights Act of 1964) and section 504 of the Rehabilitation Act of 1973, title VIII of the Civil Rights Act of 1968, title IX, Executive Order 13166 (Limited English Proficiency), Executive Order 11246, and the Equal Credit Opportunity Act of 1974.
                </P>
                <P>
                    5. 
                    <E T="03">Nondiscrimination Statement.</E>
                     In accordance with Federal civil rights laws and USDA civil rights regulations and policies, the USDA, its Mission Areas, agencies, staff offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
                </P>
                <P>
                    Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information 
                    <E T="03">(e.g.,</E>
                     Braille, large print, audiotape, American Sign Language) should contact the responsible Mission Area, agency, or staff office; the USDA TARGET Center at (202) 720-2600 (voice and TTY); or the 711 Relay Service.
                </P>
                <P>
                    To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at 
                    <E T="03">https://www.usda.gov/sites/default/files/documents/ad-3027.pdf</E>
                     from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant's name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by:
                </P>
                <P>
                    (1) 
                    <E T="03">Mail:</E>
                     U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250-9410; or
                </P>
                <P>
                    (2) 
                    <E T="03">Fax:</E>
                     (833) 256-1665 or (202) 690-7442; or
                </P>
                <P>
                    (3) 
                    <E T="03">Email: program.intake@usda.gov.</E>
                </P>
                <P>USDA is an equal opportunity provider, employer, and lender.</P>
                <SIG>
                    <NAME>Yvonne Hsu,</NAME>
                    <TITLE>Acting Administrator, Rural Housing Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13131 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3410-XV-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Notice of Public Meeting of the Arizona Advisory Committee</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Commission on Civil Rights.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Announcement of virtual business 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 virtual business meeting of the Arizona Advisory Committee (Committee) to the U.S. Commission on Civil Right will convene via 
                        <E T="03">ZoomGov</E>
                         on Tuesday, July 30, 2024, from 12:00 p.m.-1:30 p.m. Arizona Time. The purpose of the meeting is to review drafts of their report examining the racial and/or ethnic disparities in access to pediatric health care.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The meeting will take place on: 
                        <E T="03">Meeting 2:</E>
                         Tuesday, July 30, 2024, from 12:00 p.m.-1:30 p.m. Arizona Time.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">Webinar Zoom Link to Join (Audio/Visual): https://www.zoomgov.com/webinar/register/WN_1MKV-XrYRXy-SwjqZPM1qQ.</E>
                    </P>
                    <P>
                        <E T="03">Telephone (Audio Only) Dial:</E>
                         1-833-435-1820 (US Toll-free); Webinar ID: 160 428 9106.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ana Fortes, DFO, at 
                        <E T="03">afortes@usccr.gov</E>
                         or (202) 681-0857.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Committee meetings are available to the public through the videoconference link above. Any interested member of the public may listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. Per the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Closed captioning will be available for individuals who are deaf, hard of hearing, or who have certain cognitive or learning impairments. To request additional accommodations, please email Angelica Trevino, Support Services Specialist, at 
                    <E T="03">atrevino@usccr.gov</E>
                     at least 10 business days prior to the meeting.
                </P>
                <P>
                    Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments can be sent via email to Ana Fortes (DFO) at 
                    <E T="03">afortes@usccr.gov.</E>
                </P>
                <P>
                    Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meetings will be available via 
                    <E T="03">www.facadatabase.gov</E>
                     under the Commission on Civil Rights, Arizona Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission's website, 
                    <E T="03">http://www.usccr.gov,</E>
                     or may contact the Regional Programs Coordination Unit at 
                    <E T="03">atrevino@usccr.gov.</E>
                </P>
                <HD SOURCE="HD1">Agenda</HD>
                <FP SOURCE="FP-2">I. Welcome, Roll Call, and Announcements</FP>
                <FP SOURCE="FP-2">II. Review Draft Report</FP>
                <FP SOURCE="FP-2">III. Public Comment</FP>
                <FP SOURCE="FP-2">IV. Adjournment</FP>
                <SIG>
                    <DATED>Dated: June 11, 2024.</DATED>
                    <NAME>David Mussatt,</NAME>
                    <TITLE>Supervisory Chief, Regional Programs Unit. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13155 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Notice of Public Meeting of the Arizona Advisory Committee</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Commission on Civil Rights.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Announcement of virtual business 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 
                        <PRTPAGE P="50561"/>
                        (FACA) that a virtual business meeting of the Arizona Advisory Committee (Committee) to the U.S. Commission on Civil Right will convene via 
                        <E T="03">ZoomGov</E>
                         on Monday, July 1, 2024, from 12:00 p.m.-1:30 p.m. Arizona Time. The purpose of the meeting is to review drafts of their report examining the racial and/or ethnic disparities in access to pediatric health care.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The meeting will take place on: 
                        <E T="03">Meeting 1:</E>
                         Monday, July 1, 2024, from 12:00 p.m.-1:30 p.m. Arizona Time.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">Webinar Zoom Link to Join (Audio/Visual): https://www.zoomgov.com/j/1609488279?pwd=YlZTR29uY0pYc1pTVk5lT2ZHTWFhdz09.</E>
                    </P>
                    <P>
                        <E T="03">Telephone (Audio Only) Dial:</E>
                         1-833-435-1820 (US Toll-free); Webinar ID: 160 948 8279.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ana Fortes, DFO, at 
                        <E T="03">afortes@usccr.gov</E>
                         or (202) 681-0857.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Committee meetings are available to the public through the videoconference link above. Any interested member of the public may listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. Per the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Closed captioning will be available for individuals who are deaf, hard of hearing, or who have certain cognitive or learning impairments. To request additional accommodations, please email Angelica Trevino, Support Services Specialist, at 
                    <E T="03">atrevino@usccr.gov</E>
                     at least 10 business days prior to the meeting.
                </P>
                <P>
                    Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments can be sent via email to Ana Fortes (DFO) at 
                    <E T="03">afortes@usccr.gov.</E>
                </P>
                <P>
                    Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meetings will be available via 
                    <E T="03">www.facadatabase.gov</E>
                     under the Commission on Civil Rights, Arizona Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission's website, 
                    <E T="03">http://www.usccr.gov,</E>
                     or may contact the Regional Programs Coordination Unit at 
                    <E T="03">atrevino@usccr.gov.</E>
                </P>
                <HD SOURCE="HD1">Agenda</HD>
                <FP SOURCE="FP-2">I. Welcome, Roll Call, and Announcements</FP>
                <FP SOURCE="FP-2">II. Review Draft Report</FP>
                <FP SOURCE="FP-2">III. Public Comment</FP>
                <FP SOURCE="FP-2">IV. Adjournment</FP>
                <SIG>
                    <DATED>Dated: June 11, 2024.</DATED>
                    <NAME>David Mussatt,</NAME>
                    <TITLE>Supervisory Chief, Regional Programs Unit. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13160 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Notice of Public Meeting of the Arizona Advisory Committee</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Commission on Civil Rights.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Announcement of virtual business 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 virtual business meeting of the Arizona Advisory Committee (Committee) to the U.S. Commission on Civil Right will convene via 
                        <E T="03">ZoomGov</E>
                         on Friday, September 27, 2024, from 1:00 p.m.-2:30 p.m. Arizona Time. The purpose of the meeting is to review drafts of their report examining the racial and/or ethnic disparities in access to pediatric health care.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The meeting will take place on: 
                        <E T="03">Meeting 4:</E>
                         Friday, September 27, 2024, from 1:00 p.m.-2:30 p.m. Arizona Time.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">Webinar Zoom Link to Join (Audio/Visual):</E>
                          
                        <E T="03">https://www.zoomgov.com/webinar/register/WN_e21QK26lTHuzeQDD.</E>
                    </P>
                    <P>
                        <E T="03">Telephone (Audio Only) Dial:</E>
                         1-833-435-1820 (US Toll-free); Webinar ID: 161 285 0979.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ana Fortes, DFO, at 
                        <E T="03">afortes@usccr.gov</E>
                         or (202) 681-0857.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Committee meetings are available to the public through the videoconference link above. Any interested member of the public may listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. Per the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Closed captioning will be available for individuals who are deaf, hard of hearing, or who have certain cognitive or learning impairments. To request additional accommodations, please email Angelica Trevino, Support Services Specialist, at 
                    <E T="03">atrevino@usccr.gov</E>
                     at least 10 business days prior to the meeting.
                </P>
                <P>
                    Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments can be sent via email to Ana Fortes (DFO) at 
                    <E T="03">afortes@usccr.gov</E>
                    .
                </P>
                <P>
                    Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meetings will be available via 
                    <E T="03">www.facadatabase.gov</E>
                     under the Commission on Civil Rights, Arizona Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission's website, 
                    <E T="03">http://www.usccr.gov,</E>
                     or may contact the Regional Programs Coordination Unit at 
                    <E T="03">atrevino@usccr.gov.</E>
                </P>
                <HD SOURCE="HD1">Agenda</HD>
                <FP SOURCE="FP-2">I. Welcome, Roll Call, and Announcements</FP>
                <FP SOURCE="FP-2">II. Review Draft Report</FP>
                <FP SOURCE="FP-2">III. Public Comment</FP>
                <FP SOURCE="FP-2">IV. Adjournment</FP>
                <SIG>
                    <DATED>Dated: June 11, 2024.</DATED>
                    <NAME>David Mussatt,</NAME>
                    <TITLE>Supervisory Chief, Regional Programs Unit. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13157 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">COMMISSION ON CIVIL RIGHTS</AGENCY>
                <SUBJECT>Notice of Public Meeting of the Arizona Advisory Committee</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Commission on Civil Rights.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Announcement of virtual business 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 
                        <PRTPAGE P="50562"/>
                        Federal Advisory Committee Act (FACA) that a virtual business meeting of the Arizona Advisory Committee (Committee) to the U.S. Commission on Civil Right will convene via 
                        <E T="03">ZoomGov</E>
                         on Wednesday, September 4, 2024, from 1:00 p.m.-2:30 p.m. Arizona Time. The purpose of the meeting is to review drafts of their report examining the racial and/or ethnic disparities in access to pediatric health care.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The meeting will take place on: 
                        <E T="03">Meeting 3:</E>
                         Wednesday, September 4, 2024, from 1:00 p.m.-2:30 p.m. Arizona Time.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P/>
                    <P>
                        <E T="03">Webinar Zoom Link to Join (Audio/Visual): https://www.zoomgov.com/webinar/register/WN_kbAb-YztSH66NGck0Hir8w.</E>
                    </P>
                    <P>
                        <E T="03">Telephone (Audio Only) Dial:</E>
                         1-833-435-1820 (US Toll-free); Webinar ID: 160 412 3488.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ana Fortes, DFO, at 
                        <E T="03">afortes@usccr.gov</E>
                         or (202) 681-0857.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Committee meetings are available to the public through the videoconference link above. Any interested member of the public may listen to the meeting. An open comment period will be provided to allow members of the public to make a statement as time allows. Per the Federal Advisory Committee Act, public minutes of the meeting will include a list of persons who are present at the meeting. If joining via phone, callers can expect to incur regular charges for calls they initiate over wireless lines, according to their wireless plan. The Commission will not refund any incurred charges. Closed captioning will be available for individuals who are deaf, hard of hearing, or who have certain cognitive or learning impairments. To request additional accommodations, please email Angelica Trevino, Support Services Specialist, at 
                    <E T="03">atrevino@usccr.gov</E>
                     at least 10 business days prior to the meeting.
                </P>
                <P>
                    Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments can be sent via email to Ana Fortes (DFO) at 
                    <E T="03">afortes@usccr.gov.</E>
                </P>
                <P>
                    Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meetings will be available via 
                    <E T="03">www.facadatabase.gov</E>
                     under the Commission on Civil Rights, Arizona Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission's website, 
                    <E T="03">http://www.usccr.gov,</E>
                     or may contact the Regional Programs Coordination Unit at 
                    <E T="03">atrevino@usccr.gov.</E>
                </P>
                <HD SOURCE="HD1">Agenda</HD>
                <FP SOURCE="FP-2">I. Welcome, Roll Call, and Announcements</FP>
                <FP SOURCE="FP-2">II. Review Draft Report</FP>
                <FP SOURCE="FP-2">III. Public Comment</FP>
                <FP SOURCE="FP-2">IV. Adjournment</FP>
                <SIG>
                    <DATED>Dated: June 11, 2024.</DATED>
                    <NAME>David Mussatt,</NAME>
                    <TITLE>Supervisory Chief, Regional Programs Unit. </TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13156 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>Census Bureau</SUBAGY>
                <SUBJECT>Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Current Population Survey, Basic Demographics</SUBJECT>
                <P>
                    The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. Public comments were previously requested via the 
                    <E T="04">Federal Register</E>
                     on March 1, 2024, during a 60-day comment period. This notice allows for an additional 30 days for public comments.
                </P>
                <P>
                    <E T="03">Agency:</E>
                     U.S. Census Bureau, Department of Commerce.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Current Population Survey, Basic Demographics.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0607-0049.
                </P>
                <P>
                    <E T="03">Form Number(s):</E>
                     None.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Regular submission, Request for an Extension, without Change of a Currently Approved Collection.
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     708,000.
                </P>
                <P>
                    <E T="03">Average Hours per Response:</E>
                     0.0933.
                </P>
                <P>
                    <E T="03">Burden Hours:</E>
                     66,080.
                </P>
                <P>
                    <E T="03">Needs and Uses:</E>
                     The demographic information collected in the CPS provides a unique set of data on selected characteristics for the civilian noninstitutional population. We use these data in conjunction with other data, particularly the monthly labor force data, as well as periodic supplement data. We also use this data independently for internal analytic research and for evaluation of other surveys. In addition, we need these data to correctly control estimates of other characteristics to the proper proportions of age, sex, race, and origin.
                </P>
                <P>In addition to the demographic questions are the questions needed to make contact with the household. This includes introductions, determining the correct respondent, and verifying the address. These questions are referred to as the “Front” questions. Also involved in maintaining contact with the household are the “Back” questions. These questions collect telephone numbers, best time to contact, and thank the respondent for their cooperation. These questions are needed to do the interview and maintain contact with the household throughout the survey.</P>
                <P>
                    <E T="03">Affected Public:</E>
                     Individuals or Households.
                </P>
                <P>
                    <E T="03">Frequency:</E>
                     Monthly.
                </P>
                <P>
                    <E T="03">Respondent's Obligation:</E>
                     Voluntary.
                </P>
                <P>
                    <E T="03">Legal Authority:</E>
                     Title 13 U.S.C. 8(b), 141, and 182.
                </P>
                <P>
                    This information collection request may be viewed at 
                    <E T="03">www.reginfo.gov.</E>
                     Follow the instructions to view the Department of Commerce collections currently under review by OMB.
                </P>
                <P>
                    Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website 
                    <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                     Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function and entering either the title of the collection or the OMB Control Number 0607-0049.
                </P>
                <SIG>
                    <NAME>Sheleen Dumas,</NAME>
                    <TITLE>Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13171 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-07-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="50563"/>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>Census Bureau</SUBAGY>
                <SUBJECT>Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Collection of State/Local Administrative Records and Third-Party Data</SUBJECT>
                <P>
                    The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. Public comments were previously requested via the 
                    <E T="04">Federal Register</E>
                     on March 8, 2024 during a 60-day comment period. This notice allows for an additional 30 days for public comments.
                </P>
                <P>
                    <E T="03">Agency:</E>
                     U.S. Census Bureau, Department of Commerce.
                </P>
                <P>
                    <E T="03">Title:</E>
                     Collection of State/Local Administrative Records and Third-Party Data.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0607-XXXX.
                </P>
                <P>
                    <E T="03">Form Number(s):</E>
                     None.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Regular submission, New Information Collection Request.
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     80.
                </P>
                <P>
                    <E T="03">Average Hours per Response:</E>
                     75.
                </P>
                <P>
                    <E T="03">Burden Hours:</E>
                     6,000.
                </P>
                <P>
                    <E T="03">Needs and Uses:</E>
                     The Census Bureau uses state and local administrative records data linked with other survey and census records, including but not limited to, data from the Survey of Income and Program Participation (SIPP), the Current Population Survey (CPS) and the American Community Survey (ACS) to conduct research and improve operations.
                </P>
                <P>The Census Bureau encourages the District of Columbia, all 50 states, and local municipalities to share administrative records data generally associated with, but not limited to: nutrition and food assistance programs, including the Supplemental Nutrition Assistance Program (SNAP) and the Special Supplemental Nutrition Program for Women, Infants and Children (WIC); and welfare programs, including child care subsidy; household self-sufficiency programs, including low income energy assistance programs and Temporary Assistance for Needy Families (TANF).</P>
                <P>Data sharing and analysis of linked files are solely for statistical purposes, not for program enforcement. All administrative records data are and will remain confidential under Title 13, United States Code (U.S.C.), Section 9, whether in their original form or when comingled or linked.</P>
                <P>The Census Bureau will use data from businesses for research, censuses, and surveys operations. This data will be collected from businesses through agreements or contracts. Third-party targeted entities for this acquisition will include cross sector industries such as manufacturing, information services, healthcare, supply chain, and retail.</P>
                <P>The U.S. Census Bureau efforts to collect these data include integrating and linking the data with Census Bureau data from current surveys and censuses to improve efficiency and accuracy of Census data collections, including 2030 Census Operations, and improve measures of the population and economy. In 2030, administrative records and third-party data could potentially be used to enhance non-ID address processing, imputation, in-office enumeration, contact strategies, and post-processing.</P>
                <P>The Census Bureau benefits from these efforts by improving data quality, survey frames, developing model-based edits and allocations, and studies of program participation and data quality over time. Collaborating agencies have benefited through access to reports and tabulations to enhance information about participation in assistance programs.</P>
                <P>The Census Bureau is obligated by law to use existing information that has already been collected by other government agencies, whenever possible, instead of asking for such information directly from the public, provided that the existing information is consistent with the kind, timeliness, scope, and quality of the statistics that the Census Bureau is authorized to produce.</P>
                <P>The authority for the Census Bureau to acquire state administrative records data on nutrition assistance is 13 U.S.C. 6. Additionally, the state agencies may provide SNAP and Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) data to the Census Bureau under 7 U.S.C. 2026 and 42 U.S.C. 1786 and implementing regulations at 7 CFR part 246, respectively. Further, state agencies may provide TANF data to the Census Bureau under the Public Health and Welfare Act, 42 U.S.C. 613 and Section 1137 of the Social Security Act, 42 U.S.C. 1320b-7.</P>
                <P>The primary uses include:</P>
                <FP SOURCE="FP-1">• Improve survey coverage</FP>
                <FP SOURCE="FP-1">• Evaluate, edit, and analyze census and survey data</FP>
                <FP SOURCE="FP-1">• Conduct new policy-relevant cross-sectional and longitudinal analyses</FP>
                <FP SOURCE="FP-1">• Create new lower-cost data products without incurring additional respondent burden </FP>
                <P>The Census Bureau will link administrative records and third-party data with data from censuses and surveys at the Census Bureau, including but not limited to data from the SIPP, CPS, ACS, and economic programs.</P>
                <P>Linking records across programs, across states, or over time is accomplished using a unique linkage identifier called a Protected Identification Key (PIK). Processing to assign a PIK to each person record involves matching based on combinations of name, address, sex, date of birth, and Social Security Number (SSN) data, as available. For example, the Census Bureau requests the following data elements from the state agencies:</P>
                <P>a. Case unit identifiers,</P>
                <P>b. Active Participant definitions,</P>
                <P>c. Complete monthly case unit address history (residence, mailing),</P>
                <P>d. Benefit month,</P>
                <P>e. Monthly Benefits data (any of the available: benefits received date, benefits amount issued/received, and benefit amount redeemed),</P>
                <P>f. Income reporting requirement (simplified reporting, change reporting, etc.),</P>
                <P>g. Gross income (monthly),</P>
                <P>h. Net income (monthly),</P>
                <P>i. Eligibility and denial information,</P>
                <P>j. Household size,</P>
                <P>k. Identifiers for individuals in case units, and</P>
                <P>l. The following information on individuals in a case unit: </P>
                <FP SOURCE="FP-2">i. Name</FP>
                <FP SOURCE="FP-2">ii. Social Security Number</FP>
                <FP SOURCE="FP-2">iii. Case unit/main contact phone number</FP>
                <FP SOURCE="FP-2">iv. Unique individual identifier</FP>
                <FP SOURCE="FP-2">v. Benefit month</FP>
                <FP SOURCE="FP-2">vi. Case unit identifier</FP>
                <FP SOURCE="FP-2">vii. Program data type</FP>
                <FP SOURCE="FP-2">viii. Active participant definitions</FP>
                <FP SOURCE="FP-2">ix. Relationship to primary recipient</FP>
                <FP SOURCE="FP-2">x. History of membership in case unit</FP>
                <FP SOURCE="FP-2">xi. Race</FP>
                <FP SOURCE="FP-2">xii. Hispanic origin/Ethnicity</FP>
                <FP SOURCE="FP-2">xiii. Sex</FP>
                <FP SOURCE="FP-2">xiv. Date of birth</FP>
                <FP SOURCE="FP-2">xv. Gross income (monthly)</FP>
                <FP SOURCE="FP-2">xvi. Net income (monthly)</FP>
                <FP SOURCE="FP-2">xvii. Monthly income source (earnings, TANF, SSI, SSA, UI, general assistance, other)</FP>
                <FP SOURCE="FP-2">
                    xviii. Education
                    <PRTPAGE P="50564"/>
                </FP>
                <FP SOURCE="FP-2">xix. Employment </FP>
                <P>The Census Bureau will use nutrition assistance data to improve surveys and census authorized by Title 13 of the U.S.C. The Census Bureau will evaluate the quality of the linked data to: improve efficiency and accuracy in our data collections; improve measures of population and economy; evaluate and improve data linking software and techniques; improve data quality and estimates; improve Census Bureau household survey coverage and gain a greater understanding of data quality collected in Census Bureau household surveys on program participation, household composition and income; and provide a basis for improving Census Bureau demographic and economic survey program participation questions.</P>
                <P>The Census Bureau may provide tabulated data to the participating agencies that may use these tabulations for research related to and evaluation of state programs, such as rates of enrollment in and demographic characteristics of participants in state assistance programs.</P>
                <P>Data sharing and analysis of linked files are solely for statistical purposes, not for program enforcement or the determination of individual benefits. All administrative records and third-party data are and will remain confidential, whether in their original form or when comingled or linked.</P>
                <P>
                    <E T="03">Frequency:</E>
                     On occasion.
                </P>
                <P>
                    <E T="03">Respondent's Obligation:</E>
                     Voluntary.
                </P>
                <P>
                    <E T="03">Legal Authority:</E>
                     13 U.S.C. 6.
                </P>
                <P>
                    This information collection request may be viewed at 
                    <E T="03">www.reginfo.gov.</E>
                     Follow the instructions to view the Department of Commerce collections currently under review by OMB.
                </P>
                <P>
                    Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website 
                    <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                     Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function and entering the title of the collection.
                </P>
                <SIG>
                    <NAME>Sheleen Dumas,</NAME>
                    <TITLE>Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13164 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-07-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>Foreign-Trade Zones Board</SUBAGY>
                <DEPDOC>[B-8-2024]</DEPDOC>
                <SUBJECT>Foreign-Trade Zone (FTZ) 182; Authorization of Production Activity; Valbruna Slater Stainless Inc.; (Metal Ingots); Fort Wayne, Indiana</SUBJECT>
                <P>On February 12, 2024, Valbruna Slater Stainless Inc. submitted a notification of proposed production activity to the FTZ Board for its facility within Subzone 182A, in Fort Wayne, Indiana.</P>
                <P>
                    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the 
                    <E T="04">Federal Register</E>
                     inviting public comment (89 FR 12823, February 20, 2024). On June 11, 2024, the applicant was notified of the FTZ Board's decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board's regulations, including section 400.14.
                </P>
                <SIG>
                    <DATED>Dated: June 11, 2024.</DATED>
                    <NAME>Elizabeth Whiteman,</NAME>
                    <TITLE>Executive Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13153 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-DS-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <SUBJECT>Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; List of Gear by Fisheries and Fishery Management Council</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Oceanic &amp; Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of information collection, request for comment.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>To ensure consideration, comments regarding this proposed information collection must be received on or before August 13, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Interested persons are invited to submit written comments to Adrienne Thomas, NOAA PRA Officer, at 
                        <E T="03">Adrienne.thomas@noaa.gov.</E>
                         Please reference OMB Control Number 0648-0346 in the subject line of your comments. Do not submit Confidential Business Information or otherwise sensitive or protected information.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Requests for additional information or specific questions related to collection activities should be directed to Chris Wright, Fishery Policy Analyst, NMFS, 1315 East West Hwy., Bldg. SSMC3, Silver Spring, MD 20910-3282, (301) 427-8570 or 
                        <E T="03">chris.wright@noaa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Abstract</HD>
                <P>
                    This request is for an extension of a currently approved information collection by the NOAA's National Marine Fisheries Service, Office of Sustainable Fisheries. Under the provisions of the Magnuson-Stevens Fishery and Conservation and Management Act (Magnuson-Stevens Act) [16 U.S.C. 1801 
                    <E T="03">et seq.</E>
                    ], as amended by the Sustainable Fisheries Act [Pub. L. 104-297], the Secretary of Commerce (Secretary) is required to publish a list of all fisheries under authority of each Regional Fishery Management Council (Council) and all such fishing gear used in such fisheries (see section 305(a) of the Magnuson-Stevens Act). The list has been published and appears in 50 CFR 600.725(v). Any person wishing to use gear not on the list, or engage in a fishery not on the list, must provide the appropriate Council or the Secretary, in the case of Atlantic highly migratory species, with 90 days of advance notice. If the Secretary takes no action to prohibit such a fishery or use of such a gear, the person may proceed.
                </P>
                <HD SOURCE="HD1">II. Method of Collection</HD>
                <P>The respondent provides written notice. No form is used.</P>
                <HD SOURCE="HD1">III. Data</HD>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0648-0346.
                </P>
                <P>
                    <E T="03">Form Number(s):</E>
                     None.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Regular submission [extension of a currently approved collection].
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Business or other for-profit organizations.
                </P>
                <P>
                    <E T="03">Estimated Number of Respondents:</E>
                     6.
                </P>
                <P>
                    <E T="03">Estimated Time per Response:</E>
                     90 minutes.
                </P>
                <P>
                    <E T="03">Estimated Total Annual Burden Hours:</E>
                     $30.00 in recordkeeping/reporting costs.
                    <PRTPAGE P="50565"/>
                </P>
                <P>
                    <E T="03">Estimated Total Annual Cost to Public:</E>
                     $60.00.
                </P>
                <P>
                    <E T="03">Respondent's Obligation:</E>
                     Mandatory.
                </P>
                <P>
                    <E T="03">Legal Authority:</E>
                     Magnuson-Stevens Act.
                </P>
                <HD SOURCE="HD1">IV. Request for Comments</HD>
                <P>We are soliciting public comments to permit the Department/Bureau to: (a) Evaluate whether the proposed information collection is necessary for the proper functions of the Department, including whether the information will have practical utility; (b) Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used; (c) Evaluate ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.</P>
                <P>Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
                <SIG>
                    <NAME>Sheleen Dumas,</NAME>
                    <TITLE>Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13168 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <SUBJECT>Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; National Saltwater Angler Registry and State Exemption Program</SUBJECT>
                <P>
                    The Department of Commerce will submit the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. We invite the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. Public comments were previously requested via the 
                    <E T="04">Federal Register</E>
                     on March 8, 2024, during a 60-day comment period. This notice allows for an additional 30 days for public comments.
                </P>
                <P>
                    <E T="03">Agency:</E>
                     National Oceanic &amp; Atmospheric Administration (NOAA), Commerce.
                </P>
                <P>
                    <E T="03">Title:</E>
                     National Saltwater Angler Registry and State Exemption Program.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     0648-0578.
                </P>
                <P>
                    <E T="03">Form Number(s):</E>
                     None.
                </P>
                <P>
                    <E T="03">Type of Request:</E>
                     Regular submission [extension of a current information collection].
                </P>
                <P>
                    <E T="03">Number of Respondents:</E>
                     976.
                </P>
                <P>
                    <E T="03">Average Hours per Response:</E>
                     0.05 hours.
                </P>
                <P>
                    <E T="03">Total Annual Burden Hours:</E>
                     49.
                </P>
                <P>
                    <E T="03">Needs and Uses:</E>
                     This request is for the extension of a currently approved collection. The National Saltwater Angler Registry and State Exemption Program (Registry Program) was established to implement recommendations included in the review of national saltwater angling data collection programs conducted by the National Research Council (NRC) in 2005/2006, and the provisions of the Magnuson-Stevens Reauthorization Act, codified at Section 401(g) of the Magnuson-Stevens Fishery Conservation and Management Act (MSA), which require the Secretary of Commerce to commence improvements to recreational fisheries surveys, including establishing a national saltwater angler and for-hire vessel registry, by January 1, 2009. A final rule that includes regulatory measures to implement the Registry Program (RIN 0648-AW10) was adopted and codified in 50 CFR 600, Subpart P. The Registry Program collects identification and contact information from those anglers and for-hire vessels who are involved in recreational fishing in the United States Exclusive Economic Zone or for anadromous fish in any waters, unless the anglers or vessels are exempted from the registration requirement. Data collected includes—for anglers: Name, address, date of birth, telephone contact information and region(s) of the country in which they fish; for for-hire vessels: Owner and operator name, address, date of birth, telephone contact information, email address, vessel name and registration/documentation number and home port or primary operating area. This information is compiled into a national and/or series of regional registries that is being used to support surveys of recreational anglers and for-hire vessels to develop estimates of recreational angling effort.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Individuals or households; Business or other for-profit organizations.
                </P>
                <P>
                    <E T="03">Frequency:</E>
                     Annual.
                </P>
                <P>
                    <E T="03">Respondent's Obligation:</E>
                     Mandatory.
                </P>
                <P>
                    <E T="03">Legal Authority:</E>
                     Magnuson-Stevens Fishery Conservation and Management Act (MSA) Section 401(g) and 50 CFR 600, Subpart P.
                </P>
                <P>
                    This information collection request may be viewed at 
                    <E T="03">www.reginfo.gov.</E>
                     Follow the instructions to view the Department of Commerce collections currently under review by OMB.
                </P>
                <P>
                    Written comments and recommendations for the proposed information collection should be submitted within 30 days of the publication of this notice on the following website 
                    <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                     Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function and entering either the title of the collection or the OMB Control Number 0648-0578.
                </P>
                <SIG>
                    <NAME>Sheleen Dumas,</NAME>
                    <TITLE>Department PRA Clearance Officer, Office of the Under Secretary for Economic Affairs, Commerce Department.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13170 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                <DEPDOC>[RTID 0648-XD974]</DEPDOC>
                <SUBJECT>Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the New London Pier Extension Project at the Naval Submarine Base</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice; issuance of an incidental harassment authorization.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the U.S. Navy (Navy) to incidentally harass marine mammals during construction activities associated with the New London Pier Extension Project at Naval 
                        <PRTPAGE P="50566"/>
                        Submarine Base (SUBASE) New London in Groton, Connecticut. There are no changes from the proposed authorization in this final authorization.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This authorization is effective from December 1, 2024, through November 30, 2025.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: 
                        <E T="03">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities.</E>
                         In case of problems accessing these documents, please call the contact listed below.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Rachel Wachtendonk, Office of Protected Resources, NMFS, (301) 427-8401.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>
                    The MMPA prohibits the “take” of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 
                    <E T="03">et seq.</E>
                    ) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are proposed or, if the taking is limited to harassment, a notice of a proposed IHA is provided to the public for review.
                </P>
                <P>Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other “means of effecting the least practicable adverse impact” on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for certain subsistence uses (referred to in shorthand as “mitigation”); and requirements pertaining to the mitigation, monitoring and reporting of the takings are set forth. The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below.</P>
                <HD SOURCE="HD1">Summary of Request</HD>
                <P>On August 21, 2023, NMFS received a request from the Navy for an IHA to take marine mammals incidental to pile driving and removal activities associated with the New London Pier Extension Project at SUBASE New London in Groton, Connecticut. Following NMFS' review of the application, the Navy submitted a revised version on January 31, 2024. The application was deemed adequate and complete on February 2, 2024. The Navy's request is for take of six species of marine mammals by Level B harassment and for take of harbor seals, gray seals, and harp seals by Level A harassment. Neither the Navy nor NMFS expects serious injury or mortality to result from this activity; therefore, an IHA is appropriate.</P>
                <P>There are no changes from the proposed IHA to the final IHA.</P>
                <HD SOURCE="HD1">Description of Specified Activity</HD>
                <HD SOURCE="HD2">Overview</HD>
                <P>The Navy is planning the partial demolition and extension of pier 31 at SUBASE New London in Groton, Connecticut (figure 1). The existing pier 31 will be partially demolished and then an 81-foot (ft), or 24.7-meter (m), extension will be constructed. This project will also include the demolition of an existing small access ramp for pier 17. The project includes impact and vibratory pile installation and vibratory pile removal. For a portion of the piles, an auger drill will be used inside the pipe casing to lift sediment.</P>
                <P>The pier 31 extension will include the removal of 28 16-inch (in), or 0.41-m, fiberglass reinforced plastic fender piles. The pier 17 demolition will include the removal of 20 14-in (0.36-m) concrete encased steel H-piles and 10 timber piles. Existing piles will be removed by the deadpull method, with timber piles being cut at the mudline and all other piles being removed with the vibratory hammer if deadpull is unsuccessful. Once the existing piles are removed, 20 36-in (0.91-m) steel pipe piles and 60 16-in (0.41-m) fiberglass reinforced plastic fender piles will be installed to support the pier 31 extension and pier 17 quaywall. The installation and removal of a temporary work trestle supported by 60 14-in (0.36-m) steel H-piles will be completed to support permanent pile installation. Temporary and permanent piles will be initially installed with a vibratory hammer followed by an impact hammer to embed them to their final depth. For a portion of the piles, an auger drill will be used inside the pipe casing to lift sediment.</P>
                <P>In order to maintain project schedules, it is possible that multiple pieces of equipment will operate at the same time within the project area. Piles may be extracted and installed on the same day, with a maximum of three vibratory hammers operating simultaneously. The method of installation, and whether concurrent pile driving scenarios will be implemented, will be determined by the construction crew once the project has begun. Therefore, the total take estimate reflects the worst-case scenario for the project.</P>
                <P>
                    A further detailed description of the planned construction project is provided in the 
                    <E T="04">Federal Register</E>
                     notice for the proposed IHA (89 FR 27717, April 18, 2024). Since that time, no changes have been made to the planned activities. Therefore, a detailed description is not provided here. Please refer to that 
                    <E T="04">Federal Register</E>
                     notice for the description of the specified activity. Mitigation, monitoring, and reporting measures are described in detail later in this document (please see Mitigation and Monitoring and Reporting sections).
                </P>
                <HD SOURCE="HD1">Comments and Responses</HD>
                <P>
                    A notice of NMFS' proposal to issue an IHA to the Navy was published in the 
                    <E T="04">Federal Register</E>
                     on April 18, 2024 (89 FR 27717). That notice described, in detail, the Navy's activity, the marine mammal species that may be affected by the activity, and the anticipated effects on marine mammals. In that notice, we requested public input on the request for authorization described therein, our analyses, the proposed authorization, and any other aspect of the notice of proposed IHA, and requested that interested persons submit relevant information, suggestions, and comments. During the 30-day public comment period, NMFS did not receive any substantive comments on the proposed IHA.
                </P>
                <HD SOURCE="HD1">Changes From the Proposed IHA to Final IHA</HD>
                <P>
                    Changes were made between publication of the notice of the proposed IHA and this notice of the final IHA. The Hydroacoustic Monitoring section was updated for clarification. We clarified that the monitoring should occur at 10 m (33 ft) from the monitored pile; at a location intermediate of the pinniped and cetacean Level A (permanent threshold shift (PTS) onset) zones; and occasionally near the predicted harassment zones for Level B (behavioral) harassment. Additionally, table 11 was updated to reflect that the measurements and acoustic monitoring 
                    <PRTPAGE P="50567"/>
                    would be conducted for at least 10 percent and up to a maximum of 10 of each different type of pile and each method of installation. We also added a requirement that all PSO data will be submitted electronically with the draft marine mammal report in a format that can be queried, such as a spreadsheet or database.
                </P>
                <HD SOURCE="HD1">Description of Marine Mammals in the Area of Specified Activities</HD>
                <P>
                    Sections 3 and 4 of the IHA application summarize available information regarding status and trends, distribution and habitat preferences, and behavior and life history of the potentially affected species. NMFS fully considered all of this information, and we refer the reader to these descriptions, instead of reprinting the information. Additional information regarding population trends and threats may be found in NMFS' Stock Assessment Reports (SARs; 
                    <E T="03">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</E>
                    ) and more general information about these species (
                    <E T="03">e.g.,</E>
                     physical and behavioral descriptions) may be found on NMFS' website (
                    <E T="03">https://www.fisheries.noaa.gov/find-species</E>
                    ).
                </P>
                <P>Table 1 lists all species or stocks for which take is expected and authorized for this activity and summarizes information related to the population or stock, including regulatory status under the MMPA and Endangered Species Act (ESA) and potential biological removal (PBR), where known. PBR is defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population (as described in NMFS' SARs). While no serious injury or mortality is anticipated or authorized here, PBR and annual serious injury and mortality from anthropogenic sources are included here as gross indicators of the status of the species or stocks and other threats.</P>
                <P>
                    Marine mammal abundance estimates presented in this document represent the total number of individuals that make up a given stock or the total number estimated within a particular study or survey area. NMFS' stock abundance estimates for most species represent the total estimate of individuals within the geographic area, if known, that comprises that stock. For some species, this geographic area may extend beyond U.S. waters. All managed stocks in this region are assessed in NMFS' U.S. 2022 SARs. All values presented in table 1 are the most recent available at the time of publication (including from the draft 2023 SARs) and are available online at: 
                    <E T="03">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments.</E>
                </P>
                <GPOTABLE COLS="7" OPTS="L2,nj,p7,7/8,i1" CDEF="s50,r50,r50,xls30,r50,8,8">
                    <TTITLE>
                        Table 1—Marine Mammal Species 
                        <SU>1</SU>
                         Likely Impacted by the Specified Activities
                    </TTITLE>
                    <BOXHD>
                        <CHED H="1">Common name</CHED>
                        <CHED H="1">Scientific name</CHED>
                        <CHED H="1">Stock</CHED>
                        <CHED H="1">
                            ESA/
                            <LI>MMPA</LI>
                            <LI>status;</LI>
                            <LI>strategic</LI>
                            <LI>
                                (Y/N) 
                                <SU>2</SU>
                            </LI>
                        </CHED>
                        <CHED H="1">
                            Stock abundance
                            <LI>
                                (CV, N
                                <E T="0732">min</E>
                                , most recent
                            </LI>
                            <LI>
                                abundance survey) 
                                <SU>3</SU>
                            </LI>
                        </CHED>
                        <CHED H="1">PBR</CHED>
                        <CHED H="1">
                            Annual
                            <LI>
                                M/SI 
                                <SU>4</SU>
                            </LI>
                        </CHED>
                    </BOXHD>
                    <ROW EXPSTB="06" RUL="s">
                        <ENT I="21">
                            <E T="02">Order Odontoceti (toothed whales, dolphins, and porpoises)</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="22">
                            <E T="03">Family Delphinidae:</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Atlantic White-Sided Dolphin</ENT>
                        <ENT>
                            <E T="03">Lagenorhynchus acutus</E>
                        </ENT>
                        <ENT>Western N Atlantic</ENT>
                        <ENT>-, -, N</ENT>
                        <ENT>93,233 (0.71, 54,443, 2021)</ENT>
                        <ENT>544</ENT>
                        <ENT>28</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Common Dolphin</ENT>
                        <ENT>
                            <E T="03">Delphinus delphis</E>
                        </ENT>
                        <ENT>Western N Atlantic</ENT>
                        <ENT>-, -, N</ENT>
                        <ENT>93,100 (0.56, 59,897, 2021)</ENT>
                        <ENT>1,452</ENT>
                        <ENT>414</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22">
                            <E T="03">Family Phocoenidae (porpoises):</E>
                        </ENT>
                    </ROW>
                    <ROW RUL="s">
                        <ENT I="03">Harbor Porpoise</ENT>
                        <ENT>
                            <E T="03">Phocoena phocoena</E>
                        </ENT>
                        <ENT>Gulf of Maine/Bay of Fundy</ENT>
                        <ENT>-, -, N</ENT>
                        <ENT>85,765 (0.53, 56,420, 2021)</ENT>
                        <ENT>649</ENT>
                        <ENT>145</ENT>
                    </ROW>
                    <ROW EXPSTB="06" RUL="s">
                        <ENT I="21">
                            <E T="02">Order Carnivora—Pinnipedia</E>
                        </ENT>
                    </ROW>
                    <ROW EXPSTB="00">
                        <ENT I="22">
                            <E T="03">Family Phocidae (earless seals):</E>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Gray Seal</ENT>
                        <ENT>
                            <E T="03">Halichoerus grypus</E>
                        </ENT>
                        <ENT>
                            Western N Atlantic 
                            <SU>5</SU>
                        </ENT>
                        <ENT>-, -, N</ENT>
                        <ENT>27,911 (0.20, 23,624, 2021)</ENT>
                        <ENT>1,512</ENT>
                        <ENT>4,570</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Harbor Seal</ENT>
                        <ENT>
                            <E T="03">Phoca vitulina</E>
                        </ENT>
                        <ENT>Western N Atlantic</ENT>
                        <ENT>-, -, N</ENT>
                        <ENT>61,336 (0.08, 57,637, 2018)</ENT>
                        <ENT>1,729</ENT>
                        <ENT>339</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Harp Seal</ENT>
                        <ENT>
                            <E T="03">Pagophilus groenlandicus</E>
                        </ENT>
                        <ENT>Western N Atlantic</ENT>
                        <ENT>-, -, N</ENT>
                        <ENT>7.6M (UNK, 7.1M, 2019)</ENT>
                        <ENT>426,000</ENT>
                        <ENT>178,573</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy's Committee on Taxonomy (
                        <E T="03">https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies</E>
                        ; Committee on Taxonomy, 2022).
                    </TNOTE>
                    <TNOTE>
                        <SU>2</SU>
                         ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
                    </TNOTE>
                    <TNOTE>
                        <SU>3</SU>
                         NMFS marine mammal SARs online at: 
                        <E T="03">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region.</E>
                         CV is coefficient of variation; N
                        <E T="0732">min</E>
                         is the minimum estimate of stock abundance. In some cases, CV is not applicable.
                    </TNOTE>
                    <TNOTE>
                        <SU>4</SU>
                         These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (
                        <E T="03">e.g.,</E>
                         commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.
                    </TNOTE>
                    <TNOTE>
                        <SU>5</SU>
                         NMFS' stock abundance estimate (and associated PBR value) applies to the U.S. population only. Total stock abundance (including animals in Canada) is approximately 394,311. The annual M/SI value given is for the total stock.
                    </TNOTE>
                </GPOTABLE>
                <P>
                    As indicated above, all six species (with six managed stocks) in table 1 temporally and spatially co-occur with the activity to the degree that take is reasonably likely to occur. All species that could potentially occur in the project area are included in table 3-1 of the IHA application. While North Atlantic right whale (
                    <E T="03">Eubalaena glacialis</E>
                    ), common minke whale (
                    <E T="03">Balaenoptera acutorostrata</E>
                    ), fin whale (
                    <E T="03">Balaenoptera physalus</E>
                    ), and humpback whale (
                    <E T="03">Megaptera novaeangliae</E>
                    ) have been documented in Long Island Sound, the spatial and temporal occurrence of these species is such that take is not expected to occur, and they are not discussed further beyond the explanation provided here. These species occur at low densities at the mouth of the Thames River, extending into Long Island Sound, and do not occur in the Thames River. Sound from the project is only expected to propagate into the Long Island Sound during the vibratory driving of the 36-in steel pipe piles. Only a small portion of the Long Island Sound will be ensonified, and therefore incidental take of these species is not anticipated.
                </P>
                <P>
                    A detailed description of the species likely to be affected by the Navy's construction project, including brief 
                    <PRTPAGE P="50568"/>
                    introductions to the species and relevant stocks as well as available information regarding population trends and threats, and information regarding local occurrence, were provided in the 
                    <E T="04">Federal Register</E>
                     notice for the proposed IHA (89 FR 27717, April 18, 2024); since that time, we are not aware of any changes in the status of these species and stocks; therefore, detailed descriptions are not provided here. Please refer to that 
                    <E T="04">Federal Register</E>
                     notice for these descriptions. Please also refer to the NMFS website (
                    <E T="03">https://www.fisheries.noaa.gov/find-species</E>
                    ) for generalized species accounts.
                </P>
                <HD SOURCE="HD2">Marine Mammal Hearing</HD>
                <P>
                    Hearing is the most important sensory modality for marine mammals underwater, and exposure to anthropogenic sound can have deleterious effects. To appropriately assess the potential effects of exposure to sound, it is necessary to understand the frequency ranges marine mammals are able to hear. Not all marine mammal species have equal hearing capabilities (
                    <E T="03">e.g.,</E>
                     Richardson 
                    <E T="03">et al.,</E>
                     1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect this, Southall 
                    <E T="03">et al.</E>
                     (2007, 2019) recommended that marine mammals be divided into hearing groups based on directly measured (behavioral or auditory evoked potential techniques) or estimated hearing ranges (behavioral response data, anatomical modeling, 
                    <E T="03">etc.</E>
                    ). Note that no direct measurements of hearing ability have been successfully completed for mysticetes (
                    <E T="03">i.e.,</E>
                     low-frequency cetaceans). Subsequently, NMFS (2018) described generalized hearing ranges for these marine mammal hearing groups. Generalized hearing ranges were chosen based on the approximately 65-decibel (dB) threshold from the normalized composite audiograms, with the exception for lower limits for low-frequency cetaceans where the lower bound was deemed to be biologically implausible and the lower bound from Southall 
                    <E T="03">et al.</E>
                     (2007) retained. Marine mammal hearing groups and their associated hearing ranges are provided in table 2.
                </P>
                <GPOTABLE COLS="2" OPTS="L2,nj,i1" CDEF="s150,xs80">
                    <TTITLE>Table 2—Marine Mammal Hearing Groups</TTITLE>
                    <TDESC>[NMFS, 2018]</TDESC>
                    <BOXHD>
                        <CHED H="1">Hearing group</CHED>
                        <CHED H="1">
                            Generalized hearing
                            <LI>range *</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Low-frequency (LF) cetaceans (baleen whales)</ENT>
                        <ENT>7 Hz to 35 kHz.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales)</ENT>
                        <ENT>150 Hz to 160 kHz.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">
                            High-frequency (HF) cetaceans (true porpoises, 
                            <E T="03">Kogia,</E>
                             river dolphins, Cephalorhynchid, 
                            <E T="03">Lagenorhynchus cruciger</E>
                             &amp; 
                            <E T="03">L. australis</E>
                            )
                        </ENT>
                        <ENT>275 Hz to 160 kHz.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Phocid pinnipeds (PW) (underwater) (true seals)</ENT>
                        <ENT>50 Hz to 86 kHz.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Otariid pinnipeds (OW) (underwater) (sea lions and fur seals)</ENT>
                        <ENT>60 Hz to 39 kHz.</ENT>
                    </ROW>
                    <TNOTE>
                        * Represents the generalized hearing range for the entire group as a composite (
                        <E T="03">i.e.,</E>
                         all species within the group), where individual species' hearing ranges are typically not as broad. Generalized hearing range chosen based on ~65-dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall 
                        <E T="03">et al.,</E>
                         2007) and PW pinniped (approximation).
                    </TNOTE>
                </GPOTABLE>
                <P>
                    The pinniped functional hearing group was modified from Southall 
                    <E T="03">et al.</E>
                     (2007) on the basis of data indicating that phocid species have consistently demonstrated an extended frequency range of hearing compared to otariids, especially in the higher frequency range (Hemilä 
                    <E T="03">et al.,</E>
                     2006; Kastelein 
                    <E T="03">et al.,</E>
                     2009; Reichmuth 
                    <E T="03">et al.,</E>
                     2013). This division between phocid and otariid pinnipeds is now reflected in the updated hearing groups proposed in Southall 
                    <E T="03">et al.</E>
                     (2019).
                </P>
                <P>For more detail concerning these groups and associated frequency ranges, please see NMFS (2018) for a review of available information.</P>
                <HD SOURCE="HD1">Potential Effects of Specified Activities on Marine Mammals and Their Habitat</HD>
                <P>The effects of underwater noise from the Navy's pile driving activities have the potential to result in behavioral harassment of marine mammals in the vicinity of the project area. The notice of the proposed IHA (89 FR 27717, April 18, 2024) included a discussion of the effects of anthropogenic noise on marine mammals and the potential effects of underwater noise from the Navy's pile driving activities on marine mammals and their habitat. That information and analysis is incorporated by reference into this final IHA determination and is not repeated here; please refer to the notice of the proposed IHA (89 FR 27717, April 18, 2024).</P>
                <HD SOURCE="HD1">Estimated Take of Marine Mammals</HD>
                <P>This section provides an estimate of the number of incidental takes authorized through the IHA, which will inform NMFS' consideration of “small numbers,” the negligible impact determinations, and impacts on subsistence uses.</P>
                <P>Harassment is the only type of take expected to result from these activities. Except with respect to certain activities not pertinent here, section 3(18) of the MMPA defines “harassment” as any act of pursuit, torment, or annoyance, which: (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).</P>
                <P>
                    Authorized takes will primarily be by Level B harassment, as use of the acoustic (
                    <E T="03">i.e.,</E>
                     pile driving) has the potential to result in disruption of behavioral patterns for individual marine mammals. There is also some potential for auditory injury (Level A harassment) to result, primarily for phocids because no other species have been observed within the Thames River adjacent to the project site, and the Level A harassment isopleths do not extend to the Long Island Sound. The mitigation and monitoring measures are expected to minimize the severity of the taking to the extent practicable. As described previously, no serious injury or mortality is anticipated or authorized for this activity. Here we describe how the information provided above is synthesized to produce a quantitative estimate of the take that is reasonably likely to occur and is authorized.
                </P>
                <P>
                    For acoustic impacts, generally speaking, we estimate take by considering: (1) acoustic thresholds above which NMFS believes the best available science indicates marine mammals will be behaviorally harassed or incur some degree of permanent hearing impairment; (2) the area or volume of water that will be ensonified above these levels in a day; (3) the density or occurrence of marine 
                    <PRTPAGE P="50569"/>
                    mammals within these ensonified areas; and (4) the number of days of activities. We note that while these factors can contribute to a basic calculation to provide an initial prediction of potential takes, additional information that can qualitatively inform take estimates is also sometimes available (
                    <E T="03">e.g.,</E>
                     previous monitoring results or average group size). Below, we describe the factors considered here in more detail and present the authorized take numbers.
                </P>
                <HD SOURCE="HD2">Acoustic Thresholds</HD>
                <P>NMFS recommends the use of acoustic thresholds that identify the received level of underwater sound above which exposed marine mammals would be reasonably expected to be behaviorally harassed (equated to Level B harassment) or to incur a PTS of some degree (equated to Level A harassment).</P>
                <P>
                    <E T="03">Level B Harassment</E>
                    —Though significantly driven by received level, the onset of behavioral disturbance from anthropogenic noise exposure is also informed to varying degrees by other factors related to the source or exposure context (
                    <E T="03">e.g.,</E>
                     frequency, predictability, duty cycle, duration of the exposure, signal-to-noise ratio, distance to the source), the environment (
                    <E T="03">e.g.,</E>
                     bathymetry, other noises in the area, predators in the area), and the receiving animals (hearing, motivation, experience, demography, life stage, depth) and can be difficult to predict (
                    <E T="03">e.g.,</E>
                     Southall 
                    <E T="03">et al.,</E>
                     2007, 2021; Ellison 
                    <E T="03">et al.,</E>
                     2012). Based on what the available science indicates and the practical need to use a threshold based on a metric that is both predictable and measurable for most activities, NMFS typically uses a generalized acoustic threshold based on received level to estimate the onset of behavioral harassment. NMFS generally predicts that marine mammals are likely to be behaviorally harassed in a manner considered to be Level B harassment when exposed to underwater anthropogenic noise above root-mean-squared pressure received levels (RMS SPL) of 120 dB (referenced to 1 micropascal (re 1 μPa)) for continuous (
                    <E T="03">e.g.,</E>
                     vibratory pile driving, drilling) and above RMS SPL 160 dB re 1 μPa for non-explosive impulsive (
                    <E T="03">e.g.,</E>
                     seismic airguns) or intermittent (
                    <E T="03">e.g.,</E>
                     scientific sonar) sources. Generally speaking, Level B harassment take estimates based on these behavioral harassment thresholds are expected to include any likely takes by temporary threshold shift (TTS) as, in most cases, the likelihood of TTS occurs at distances from the source less than those at which behavioral harassment is likely. TTS of a sufficient degree can manifest as behavioral harassment, as reduced hearing sensitivity and the potential reduced opportunities to detect important signals (conspecific communication, predators, prey) may result in changes in behavior patterns that would not otherwise occur.
                </P>
                <P>The Navy's activity includes the use of continuous (vibratory pile driving and auger drilling) and impulsive (impact pile driving) sources, and therefore the RMS SPL thresholds of 120 and 160 dB re 1 μPa are applicable.</P>
                <P>
                    <E T="03">Level A Harassment</E>
                    —NMFS' Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 2.0; Technical Guidance, 2018) identifies dual criteria to assess auditory injury (Level A harassment) to five different marine mammal groups (based on hearing sensitivity) as a result of exposure to noise from two different types of sources (impulsive or non-impulsive). The Navy's activity includes the use of impulsive (impact pile driving) and non-impulsive (vibratory pile driving and auger drilling) sources.
                </P>
                <P>
                    These thresholds are provided in the table below. The references, analysis, and methodology used in the development of the thresholds are described in NMFS' 2018 Technical Guidance, which may be accessed at: 
                    <E T="03">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.</E>
                </P>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s50,r50p,xs100">
                    <TTITLE>Table 3—Thresholds Identifying the Onset of Permanent Threshold Shift</TTITLE>
                    <BOXHD>
                        <CHED H="1">Hearing group</CHED>
                        <CHED H="1">
                            PTS onset thresholds *
                            <LI>(received level)</LI>
                        </CHED>
                        <CHED H="2">Impulsive</CHED>
                        <CHED H="2">Non-impulsive</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Low-Frequency (LF) Cetaceans</ENT>
                        <ENT>
                            <E T="03">Cell 1: L</E>
                            <E T="0732">p,0-pk,flat</E>
                            <E T="03">:</E>
                             219 dB; 
                            <E T="03">L</E>
                            <E T="0732">E,p,LF,24h</E>
                            <E T="03">:</E>
                             183 dB
                        </ENT>
                        <ENT>
                            <E T="03">Cell 2: L</E>
                            <E T="0732">E,p,LF,24h</E>
                            <E T="03">:</E>
                             199 dB.
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Mid-Frequency (MF) Cetaceans</ENT>
                        <ENT>
                            <E T="03">Cell 3: L</E>
                            <E T="0732">p,0-pk,flat</E>
                            <E T="03">:</E>
                             230 dB; 
                            <E T="03">L</E>
                            <E T="0732">E,p,MF,24h</E>
                            <E T="03">:</E>
                             185 dB
                        </ENT>
                        <ENT>
                            <E T="03">Cell 4: L</E>
                            <E T="0732">E,p,MF,24h</E>
                            <E T="03">:</E>
                             198 dB.
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">High-Frequency (HF) Cetaceans</ENT>
                        <ENT>
                            <E T="03">Cell 5: L</E>
                            <E T="0732">p,0-pk,flat</E>
                            <E T="03">:</E>
                             202 dB; 
                            <E T="03">L</E>
                            <E T="0732">E,p,HF,24h</E>
                            <E T="03">:</E>
                             155 dB
                        </ENT>
                        <ENT>
                            <E T="03">Cell 6: L</E>
                            <E T="0732">E,p,HF,24h</E>
                            <E T="03">:</E>
                             173 dB.
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Phocid Pinnipeds (PW) (Underwater)</ENT>
                        <ENT>
                            <E T="03">Cell 7: L</E>
                            <E T="0732">p,0-pk,flat</E>
                            <E T="03">:</E>
                             218 dB; 
                            <E T="03">L</E>
                            <E T="0732">E,p,PW,24h</E>
                            <E T="03">:</E>
                             185 dB
                        </ENT>
                        <ENT>
                            <E T="03">Cell 8: L</E>
                            <E T="0732">E,p,PW,24h</E>
                            <E T="03">:</E>
                             201 dB.
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Otariid Pinnipeds (OW) (Underwater)</ENT>
                        <ENT>
                            <E T="03">Cell 9: L</E>
                            <E T="0732">p,0-pk,flat</E>
                            <E T="03">:</E>
                             232 dB; 
                            <E T="03">L</E>
                            <E T="0732">E,p,OW,24h</E>
                            <E T="03">:</E>
                             203 dB
                        </ENT>
                        <ENT>
                            <E T="03">Cell 10: L</E>
                            <E T="0732">E,p,OW,24h</E>
                            <E T="03">:</E>
                             219 dB.
                        </ENT>
                    </ROW>
                    <TNOTE>* Dual metric thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds are recommended for consideration.</TNOTE>
                    <TNOTE>
                        <E T="02">Note:</E>
                         Peak sound pressure level (
                        <E T="03">L</E>
                        <E T="0732">p,0-pk</E>
                        ) has a reference value of 1 µPa, and weighted cumulative sound exposure level (
                        <E T="03">L</E>
                        <E T="0732">E,p</E>
                        ) has a reference value of 1µPa
                        <SU>2</SU>
                        s. In this table, thresholds are abbreviated to be more reflective of International Organization for Standardization standards (ISO, 2017). The subscript “flat” is being included to indicate peak sound pressure are flat weighted or unweighted within the generalized hearing range of marine mammals (
                        <E T="03">i.e.,</E>
                         7 to 160 kHz). The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The weighted cumulative sound exposure level thresholds could be exceeded in a multitude of ways (
                        <E T="03">i.e.,</E>
                         varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these thresholds will be exceeded.
                    </TNOTE>
                </GPOTABLE>
                <HD SOURCE="HD2">Ensonified Area</HD>
                <P>Here, we describe operational and environmental parameters of the activity that are used in estimating the area ensonified above the acoustic thresholds, including source levels and transmission loss coefficient.</P>
                <P>
                    The sound field in the project area is the existing background noise plus additional construction noise from the project. Pile driving generates underwater noise that can potentially result in disturbance to marine mammals in the project area. The maximum (underwater) area ensonified is determined by the topography of the Thames River, including intersecting land masses that will reduce the overall area of potential impact. Additionally, vessel traffic, including large vessels and ferries, in the project area may contribute to elevated background noise levels, which may mask sounds produced by the project.
                    <PRTPAGE P="50570"/>
                </P>
                <P>
                    Transmission loss (
                    <E T="03">TL</E>
                    ) is the decrease in acoustic intensity as an acoustic pressure wave propagates out from a source. 
                    <E T="03">TL</E>
                     parameters vary with frequency, temperature, sea conditions, current, source and receiver depth, water depth, water chemistry, and bottom composition and topography. The general formula for underwater 
                    <E T="03">TL</E>
                     is:
                </P>
                <FP SOURCE="FP-2">
                    <E T="03">TL</E>
                     = B × Log
                    <E T="52">10</E>
                     (
                    <E T="03">R</E>
                    <E T="52">1</E>
                    /
                    <E T="03">R</E>
                    <E T="52">2</E>
                    ),
                </FP>
                <EXTRACT>
                    <FP SOURCE="FP-2">where</FP>
                    <FP SOURCE="FP-2">
                        <E T="03">TL</E>
                         = transmission loss in dB;
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">B</E>
                         = transmission loss coefficient; for practical spreading equals 15;
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">R</E>
                        <E T="52">1</E>
                         = the distance of the modeled SPL from the driven pile; and,
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">R</E>
                        <E T="52">2</E>
                         = the distance from the driven pile of the initial measurement.
                    </FP>
                </EXTRACT>
                <P>
                    This formula neglects loss due to scattering and absorption, which is assumed to be zero here. The degree to which underwater sound propagates away from a sound source is dependent on a variety of factors, most notably the water bathymetry and presence or absence of reflective or absorptive conditions including in-water structures and sediments. Spherical spreading occurs in a perfectly unobstructed (free-field) environment not limited by depth or water surface, resulting in a 6-dB reduction in sound level for each doubling of distance from the source (20 × log
                    <E T="52">10</E>
                    [range]). Cylindrical spreading occurs in an environment in which sound propagation is bounded by the water surface and sea bottom, resulting in a reduction of 3 dB in sound level for each doubling of distance from the source (10 × log
                    <E T="52">10</E>
                    [range]). A practical spreading value of 15 is often used under conditions, such as the project site, where water increases with depth as the receiver moves away from the shoreline, resulting in an expected propagation environment that would lie between spherical and cylindrical spreading loss conditions. Practical spreading loss is assumed here.
                </P>
                <P>
                    The intensity of pile driving sounds is greatly influenced by factors such as the type of piles, hammers, and the physical environment in which the activity takes place. In order to calculate the distances to the Level A harassment and the Level B harassment sound thresholds for the methods and piles being used in this project, NMFS used acoustic monitoring data from other locations to develop proxy source levels for the various pile types, sizes and methods (table 4). Generally, we choose source levels from similar pile types from locations (
                    <E T="03">e.g.,</E>
                     geology, bathymetry) similar to the project.
                </P>
                <GPOTABLE COLS="7" OPTS="L2,p7,7/8,i1" CDEF="s50,r40,r30,15,15,15,r50">
                    <TTITLE>Table 4—Proxy Sound Source Levels for Pile Sizes, Driving Methods, and Auger Drilling</TTITLE>
                    <BOXHD>
                        <CHED H="1">Pile type</CHED>
                        <CHED H="1">Pile size</CHED>
                        <CHED H="1">Method</CHED>
                        <CHED H="1">
                            Peak SPL
                            <LI>(re 1 μPa (rms))</LI>
                        </CHED>
                        <CHED H="1">
                            RMS SPL
                            <LI>(re 1 μPa (rms))</LI>
                        </CHED>
                        <CHED H="1">
                            SEL
                            <LI>(re 1 μPa (rms))</LI>
                        </CHED>
                        <CHED H="1">Source</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Steel</ENT>
                        <ENT>14-in H-pile</ENT>
                        <ENT>Vibratory</ENT>
                        <ENT>NA</ENT>
                        <ENT>158</ENT>
                        <ENT>158</ENT>
                        <ENT>Navy, 2019b.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>Impact</ENT>
                        <ENT>194</ENT>
                        <ENT>177</ENT>
                        <ENT>162</ENT>
                        <ENT>Navy, 2019b.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>36-in pipe pile</ENT>
                        <ENT>Vibratory</ENT>
                        <ENT>NA</ENT>
                        <ENT>168</ENT>
                        <ENT>168</ENT>
                        <ENT>Navy, 2018.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>Impact</ENT>
                        <ENT>209</ENT>
                        <ENT>198</ENT>
                        <ENT>183</ENT>
                        <ENT>Navy, 2019b.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>Auger drilling</ENT>
                        <ENT>NA</ENT>
                        <ENT>154</ENT>
                        <ENT>NA</ENT>
                        <ENT>
                            Dazey 
                            <E T="03">et al.,</E>
                             2012.
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Concrete encased steel</ENT>
                        <ENT>14-in H-pile</ENT>
                        <ENT>Vibratory</ENT>
                        <ENT>185</ENT>
                        <ENT>162</ENT>
                        <ENT>157</ENT>
                        <ENT>Caltrans, 2020.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Fiberglass reinforced plastic</ENT>
                        <ENT>16-in fender</ENT>
                        <ENT>Vibratory</ENT>
                        <ENT>NA</ENT>
                        <ENT>158</ENT>
                        <ENT>NA</ENT>
                        <ENT>Illingworth and Rodkin, 2017.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT>Impact</ENT>
                        <ENT>177</ENT>
                        <ENT>165</ENT>
                        <ENT>157</ENT>
                        <ENT>California Department of Transportation, 2015.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>For this project, up to three vibratory hammers may operate simultaneously. When two noise sources have overlapping sound fields, there is potential for higher sound levels than for non-overlapping sources because the isopleth of one sound source encompasses the sound source of another isopleth. In such instances, the sources are considered additive and combined using the rules of decibel addition. For addition of two simultaneous sources, the difference between the two sound source levels is calculated, and if that difference is between 0 and 1 dB, 3 dB are added to the higher sound source levels; if the difference is between 2 and 3 dB, 2 dB are added to the highest sound source levels; if the difference is between 4 and 9 dB, 1 dB is added to the highest sound source levels; and with differences of 10 or more dB, there is no addition. For simultaneous usage of three or more continuous sound sources, the three overlapping sources with the highest sound source levels are identified. Of the three highest sound source levels, the lower two are combined using the above rules; then, the combination of the lower two is combined with the highest of the three. The calculated proxy source levels for the different potential concurrent pile driving scenarios are shown in table 5.</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s50,r50,xs80">
                    <TTITLE>Table 5—Calculated Proxy Sound Source Levels for Potential Concurrent Pile Driving Scenarios</TTITLE>
                    <BOXHD>
                        <CHED H="1">Structure</CHED>
                        <CHED H="1">Pile type and proxy</CHED>
                        <CHED H="1">
                            Calculated proxy
                            <LI>sound source level</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Temporary work trestle installation and pier 17 demolition</ENT>
                        <ENT>
                            Vibratory installation of 14-in steel H-pile: 158 dB RMS
                            <LI O="xl">Vibratory demolition of 14-in concrete encased steel H-pile: 162 dB RMS.</LI>
                        </ENT>
                        <ENT>163 dB RMS.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Temporary work trestle installation, pier 17 demolition, and pier 31 demolition</ENT>
                        <ENT>
                            Vibratory installation of 14-in steel H-pile: 158 dB RMS
                            <LI O="xl">Vibratory demolition of 14-in concrete encased steel H-pile: 162 dB RMS.</LI>
                            <LI O="xl">Vibratory demolition of 16-in fiberglass reinforced plastic fender: 158 dB RMS.</LI>
                        </ENT>
                        <ENT>165 dB RMS.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Temporary work trestle installation and pier 31 demolition</ENT>
                        <ENT>
                            Vibratory installation of 14-in steel H-pile: 158 dB RMS
                            <LI O="xl">Vibratory demolition of 16-in fiberglass reinforced plastic fender: 158 dB RMS.</LI>
                        </ENT>
                        <ENT>161 dB RMS.</ENT>
                    </ROW>
                </GPOTABLE>
                <PRTPAGE P="50571"/>
                <P>The ensonified area associated with Level A harassment is more technically challenging to predict due to the need to account for a duration component. Therefore, NMFS developed an optional User Spreadsheet tool to accompany the Technical Guidance that can be used to relatively simply predict an isopleth distance for use in conjunction with marine mammal density or occurrence to help predict potential takes. We note that because of some of the assumptions included in the methods underlying this optional tool, we anticipate that the resulting isopleth estimates are typically going to be overestimates of some degree, which may result in an overestimate of potential take by Level A harassment. However, this optional tool offers the best way to estimate isopleth distances when more sophisticated modeling methods are not available or practical. For stationary sources, like pile driving, the optional User Spreadsheet tool predicts the distance at which, if a marine mammal remained at that distance for the duration of the activity, it would be expected to incur PTS. Inputs used in the optional User Spreadsheet tool, and the resulting estimated isopleths, are reported below.</P>
                <GPOTABLE COLS="7" OPTS="L2,nj,p7,7/8,i1" CDEF="s40,r75,r40,10,8,10,9">
                    <TTITLE>Table 6—NMFS User Spreadsheet Inputs</TTITLE>
                    <BOXHD>
                        <CHED H="1">Method</CHED>
                        <CHED H="1">Pile size and type</CHED>
                        <CHED H="1">Spreadsheet tab used</CHED>
                        <CHED H="1">
                            Weighting
                            <LI>factor</LI>
                            <LI>adjustment</LI>
                            <LI>(kHz)</LI>
                        </CHED>
                        <CHED H="1">
                            Number
                            <LI>of piles</LI>
                            <LI>per day</LI>
                        </CHED>
                        <CHED H="1">
                            Duration
                            <LI>of sound</LI>
                            <LI>production</LI>
                            <LI>within 24-h period</LI>
                            <LI>(sec)</LI>
                        </CHED>
                        <CHED H="1">
                            Number
                            <LI>of strikes</LI>
                            <LI>per pile</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Vibratory</ENT>
                        <ENT>16-in fiberglass reinforced plastic fender piles install and removal</ENT>
                        <ENT>A.1. Vibratory pile driving</ENT>
                        <ENT>2.5</ENT>
                        <ENT>2</ENT>
                        <ENT>2,400</ENT>
                        <ENT>NA</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in steel H-pile (temporary) install and removal</ENT>
                        <ENT>A.1. Vibratory pile driving</ENT>
                        <ENT>2.5</ENT>
                        <ENT>5</ENT>
                        <ENT>6,000</ENT>
                        <ENT>NA</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in concrete encased steel H-pile removal</ENT>
                        <ENT>A.1. Vibratory pile driving</ENT>
                        <ENT>2.5</ENT>
                        <ENT>5</ENT>
                        <ENT>6,000</ENT>
                        <ENT>NA</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>36-in steel pipe pile install</ENT>
                        <ENT>A.1 Vibratory pile driving</ENT>
                        <ENT>2.5</ENT>
                        <ENT>0.17</ENT>
                        <ENT>428.4</ENT>
                        <ENT>NA</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Impact</ENT>
                        <ENT>16-in fiberglass reinforced plastic fender piles</ENT>
                        <ENT>E.1. Impact pile driving</ENT>
                        <ENT>2</ENT>
                        <ENT>2.5</ENT>
                        <ENT>NA</ENT>
                        <ENT>1,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in steel H-pile (temporary) install</ENT>
                        <ENT>E.1. Impact pile driving</ENT>
                        <ENT>2</ENT>
                        <ENT>4</ENT>
                        <ENT>NA</ENT>
                        <ENT>1,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>36-in steel pipe pile install</ENT>
                        <ENT>E.1. Impact pile driving</ENT>
                        <ENT>2</ENT>
                        <ENT>2.5</ENT>
                        <ENT>NA</ENT>
                        <ENT>1,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Auger drilling</ENT>
                        <ENT>36-in steel pipe pile install</ENT>
                        <ENT>A. Stationary source: non-impulsive, continuous</ENT>
                        <ENT>2</ENT>
                        <ENT>1</ENT>
                        <ENT>28,800</ENT>
                        <ENT>NA</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Concurrent pile driving</ENT>
                        <ENT>14-in steel H-pile AND 14-in concrete encased steel H-pile</ENT>
                        <ENT>A.1. Vibratory pile driving</ENT>
                        <ENT>2.5</ENT>
                        <ENT>5</ENT>
                        <ENT>6,000</ENT>
                        <ENT>NA</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in steel H-pile AND 14-in concrete encased steel H-pile AND 16-in fiberglass reinforced plastic fender</ENT>
                        <ENT>A.1. Vibratory pile driving</ENT>
                        <ENT>2.5</ENT>
                        <ENT>5</ENT>
                        <ENT>6,000</ENT>
                        <ENT>NA</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in steel H-pile AND 16-in fiberglass reinforced plastic fender</ENT>
                        <ENT>A.1. Vibratory pile driving</ENT>
                        <ENT>2.5</ENT>
                        <ENT>7</ENT>
                        <ENT>8,400</ENT>
                        <ENT>NA</ENT>
                    </ROW>
                </GPOTABLE>
                <GPOTABLE COLS="6" OPTS="L2,nj,p7,7/8,i1" CDEF="s40,r75,18,18,18,18">
                    <TTITLE>Table 7—Calculated Level A and Level B Harassment Isopleths</TTITLE>
                    <BOXHD>
                        <CHED H="1">Method</CHED>
                        <CHED H="1">Pile size and type</CHED>
                        <CHED H="1">
                            Level A harassment zone (m/km
                            <SU>2</SU>
                            )
                        </CHED>
                        <CHED H="2">MF-cetaceans</CHED>
                        <CHED H="2">HF-cetaceans</CHED>
                        <CHED H="2">Phocid</CHED>
                        <CHED H="1">
                            Level B harassment zone
                            <LI>
                                (m/km
                                <SU>2</SU>
                                )
                            </LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Vibratory</ENT>
                        <ENT>16-in fiberglass reinforced plastic fender piles install and removal</ENT>
                        <ENT>0.3/0</ENT>
                        <ENT>4.9/0.000075</ENT>
                        <ENT>2.0/0.00013</ENT>
                        <ENT>3,415/2.47916</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in steel H-pile (temporary) install and removal</ENT>
                        <ENT>0.5/0.000001</ENT>
                        <ENT>9.0/0.000253</ENT>
                        <ENT>3.7/0.000043</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in concrete encased steel H-pile removal</ENT>
                        <ENT>1.0/0.000003</ENT>
                        <ENT>16.5/0.000851</ENT>
                        <ENT>6.8/0.000145</ENT>
                        <ENT>6,310/2.620145</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>36-in steel pipe pile install</ENT>
                        <ENT>0.4/0.000001</ENT>
                        <ENT>7.2/0.000162</ENT>
                        <ENT>2.9/0.00026</ENT>
                        <ENT>15,849/3.435273</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Impact</ENT>
                        <ENT>16-in fiberglass reinforced plastic fender piles</ENT>
                        <ENT>1.2/0.00005</ENT>
                        <ENT>40.5/0.005136</ENT>
                        <ENT>18.2/0.001035</ENT>
                        <ENT>22/0.001513</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in steel H-pile (temporary) install</ENT>
                        <ENT>3.6/0.000041</ENT>
                        <ENT>119.3/0.044565</ENT>
                        <ENT>53.6/0.009004</ENT>
                        <ENT>136/0.056637</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>36-in steel pipe pile install</ENT>
                        <ENT>65.4/0.01341</ENT>
                        <ENT>2,191/1.588304</ENT>
                        <ENT>984.4/0.86872</ENT>
                        <ENT>3,415/2.620145</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Auger drilling</ENT>
                        <ENT>36-in steel pipe pile install</ENT>
                        <ENT>0.1/0</ENT>
                        <ENT>0.8/0.000002</ENT>
                        <ENT>0.5/0.000001</ENT>
                        <ENT>1,848/1.359058</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Concurrent pile driving</ENT>
                        <ENT>14-in steel H-pile AND 14-in concrete encased steel H-pile</ENT>
                        <ENT>
                            <SU>a</SU>
                             
                            <SU>b</SU>
                             1.2/0.000005
                        </ENT>
                        <ENT>
                            <SU>a</SU>
                             19.3/0.001164
                            <LI>
                                <SU>b</SU>
                                 19.3/0.001134
                            </LI>
                        </ENT>
                        <ENT>
                            <SU>a</SU>
                             
                            <SU>b</SU>
                             7.9/0.000195
                        </ENT>
                        <ENT>
                            <SU>a</SU>
                             7,356/3.121835
                            <LI>
                                <SU>b</SU>
                                 7,356/0.205166
                            </LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in steel H-pile AND 14-in concrete encased steel H-pile AND 16-in fiberglass reinforced plastic fender</ENT>
                        <ENT>
                            <SU>a</SU>
                             
                            <SU>b</SU>
                             
                            <SU>c</SU>
                             1.6/0.000008
                        </ENT>
                        <ENT>
                            <SU>a</SU>
                             
                            <SU>c</SU>
                             26.2/0.002146
                            <LI>
                                <SU>b</SU>
                                 26.2/0.001807
                            </LI>
                        </ENT>
                        <ENT>
                            <SU>a</SU>
                             
                            <SU>b</SU>
                             
                            <SU>c</SU>
                             10.8/0.000365
                        </ENT>
                        <ENT>
                            <SU>a</SU>
                             10,000/3.197942
                            <LI>
                                <SU>b</SU>
                                 10,000/0.205166
                            </LI>
                            <LI>
                                <SU>c</SU>
                                 10,000/2.822399
                            </LI>
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in steel H-pile AND 16-in fiberglass reinforced plastic fender</ENT>
                        <ENT>
                            <SU>a</SU>
                             
                            <SU>b</SU>
                             1.1/0.000004
                        </ENT>
                        <ENT>
                            <SU>a</SU>
                             
                            <SU>b</SU>
                             17.8/0.00099
                        </ENT>
                        <ENT>
                            <SU>a</SU>
                             
                            <SU>b</SU>
                             7.3/0.000167
                        </ENT>
                        <ENT>
                            <SU>a</SU>
                             5,412/3.078261
                            <LI>
                                <SU>b</SU>
                                 5,412/2.822399
                            </LI>
                        </ENT>
                    </ROW>
                    <TNOTE>
                        <SU>a</SU>
                         Harassment zones mapped from pier 31.
                    </TNOTE>
                    <TNOTE>
                        <SU>b</SU>
                         Harassment zones mapped from pier 17.
                    </TNOTE>
                    <TNOTE>
                        <SU>c</SU>
                         Harassment zones mapped from existing pier 31 for fender pile extraction.
                    </TNOTE>
                </GPOTABLE>
                <HD SOURCE="HD2">Marine Mammal Occurrence and Take Estimation</HD>
                <P>In this section we provide information about the occurrence of marine mammals, including density or other relevant information which will inform the take calculations. Density estimates come from Northeast Ocean Data (2023) for cetaceans and from the U.S. Navy Marine Species Density Database (Navy, 2017) for pinnipeds. To determine the incidental take estimate within each harassment zone, the following equation was used:</P>
                <FP SOURCE="FP-2">
                    Incidental take estimate = (harassment zone [km
                    <SU>2</SU>
                    ] × estimated density [individuals/km
                    <SU>2</SU>
                    ]) × days of pile driving activity
                </FP>
                <P>
                    A subset of the species (Atlantic white-sided dolphin, common dolphin, and harbor porpoise) do not occur within the Thames River and have only been observed in the Long Island Sound. For these species, the area from the mouth of the Thames River to the furthest extent of the harassment zone in the Long Island Sound was used to 
                    <PRTPAGE P="50572"/>
                    determine the incidental take estimate within that zone.
                </P>
                <HD SOURCE="HD2">Atlantic White-Sided Dolphin</HD>
                <P>
                    Atlantic white-sided dolphins do not occur within the Thames River but they occur occasionally in the Long Island Sound. Monthly surveys conducted in the Thames River from 2017 through 2019 did not record the presence of Atlantic white-sided dolphins (Tetra Tech, 2019). The average density of Atlantic white-sided dolphins in the Long Island Sound is 0.022 individuals per square kilometer (km
                    <SU>2</SU>
                    ). Only vibratory pile driving activities will generate a harassment zone that extends into the Long Island Sound so for those activities the area from the mouth of the Thames River to the furthest extent in the Long Island Sound (0.24 km
                    <SU>2</SU>
                    ) was used to calculate take (table 8). Therefore, using the equation given above, the calculated estimated take by Level B harassment for Atlantic white-sided dolphins would be one. However, Atlantic white-sided dolphins typically travel in pods, so the estimated take by Level B harassment was increased to the average group size of 12 (NMFS, 2023b).
                </P>
                <P>The largest Level A harassment zone for Atlantic white-sided dolphins extends 65 m from the sound source (table 9) and is entirely contained within the Thames River. Therefore, no take by Level A harassment is anticipated or authorized.</P>
                <HD SOURCE="HD2">Common Dolphin</HD>
                <P>
                    Common dolphins do not occur within the Thames River but they occur occasionally in the Long Island Sound. Monthly surveys conducted in the Thames River from 2017 through 2019 did not record the presence of common dolphins (Tetra Tech, 2019). The average density of common dolphins in the Long Island Sound is 0.15 individuals per km
                    <SU>2</SU>
                    . Only vibratory pile driving activities will generate a harassment zone that extends into the Long Island Sound so for those activities the area from the mouth of the Thames River to the furthest extent in the Long Island Sound (0.24 km
                    <SU>2</SU>
                    ) was used to calculate take (table 8). Therefore, using the equation given above, the calculated estimate of take by Level B harassment for common dolphins would be four. However, common dolphins generally travel in pods, so the estimated take by Level B harassment was increased to an assumed average group size of 30 (NMFS, 2023b).
                </P>
                <P>The largest Level A harassment zone for common dolphins extends 65 m from the sound source (table 7) and is entirely contained within the Thames River. Therefore, no take by Level A harassment is anticipated or authorized.</P>
                <HD SOURCE="HD2">Harbor Porpoise</HD>
                <P>
                    Harbor porpoises do not occur within the Thames River but they occur occasionally in the Long Island Sound. Monthly surveys conducted in the Thames River from 2017 through 2019 did not record the presence of harbor porpoises (Tetra Tech, 2019). The average density of harbor porpoises in the Long Island Sound is 0.32 individuals per km
                    <SU>2</SU>
                    . Only vibratory pile driving activities will generate a harassment zone that extends into the Long Island Sound so for those activities the area from the mouth of the Thames River to the furthest extent in the Long Island Sound (0.24 km
                    <SU>2</SU>
                    ) was used to calculate take (table 8). Therefore, using the equation given above, the estimated take by Level B harassment for harbor porpoises would be nine.
                </P>
                <P>The largest Level A harassment zone for harbor porpoises extends 2,191 m from the sound source (table 7) and is entirely contained within the Thames River. Therefore, no take by Level A harassment is anticipated or authorized.</P>
                <GPOTABLE COLS="9" OPTS="L2,p7,7/8,i1" CDEF="xs40,r40,10,12,r40,12,10,7,10">
                    <TTITLE>Table 8—Estimated Take by Level B Harassment for Species Observed Only in the Long Island Sound Portion of the Project Area</TTITLE>
                    <BOXHD>
                        <CHED H="1">Method</CHED>
                        <CHED H="1">Pile size and type</CHED>
                        <CHED H="1">
                            Total ensonified
                            <LI>area</LI>
                            <LI>
                                (km
                                <SU>2</SU>
                                )
                            </LI>
                        </CHED>
                        <CHED H="1">
                            Ensonfied
                            <LI>area within</LI>
                            <LI>the Long</LI>
                            <LI>Island Sound</LI>
                            <LI>
                                (km
                                <SU>2</SU>
                                )
                            </LI>
                        </CHED>
                        <CHED H="1">Species</CHED>
                        <CHED H="1">
                            Density
                            <LI>(individuals/</LI>
                            <LI>
                                km
                                <SU>2</SU>
                                )
                            </LI>
                        </CHED>
                        <CHED H="1">
                            Calculated
                            <LI>estimated</LI>
                            <LI>take by Level B </LI>
                            <LI>harassment</LI>
                        </CHED>
                        <CHED H="1">
                            Group
                            <LI>size</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>authorized</LI>
                            <LI>take by </LI>
                            <LI>Level B </LI>
                            <LI>harassment</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Impact</ENT>
                        <ENT>36-in steel pipe pile install</ENT>
                        <ENT>3.435273</ENT>
                        <ENT>0.24</ENT>
                        <ENT>Atlantic white-sided dolphin</ENT>
                        <ENT>0.022</ENT>
                        <ENT>1</ENT>
                        <ENT>12</ENT>
                        <ENT>12</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT>Common dolphin</ENT>
                        <ENT>0.15</ENT>
                        <ENT>4</ENT>
                        <ENT>30</ENT>
                        <ENT>30</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT O="xl"/>
                        <ENT>Harbor porpoise</ENT>
                        <ENT>0.32</ENT>
                        <ENT>9</ENT>
                        <ENT>3</ENT>
                        <ENT>9</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD2">Harbor Seal</HD>
                <P>
                    Harbor seals are present in the project vicinity including the Thames River from September through May. Monthly surveys conducted in the Thames River from 2017 through 2019 recorded 12 sightings of individual harbor seals (Tetra Tech, 2019). Seals were not observed on the shore and there are no harbor seal haulouts within the project vicinity. Two different density estimates were used to calculate harbor seal take. A density of 0.049 individuals per km
                    <SU>2</SU>
                     was used in the Thames River and a density of 0.07 individuals per km
                    <SU>2</SU>
                     was used in the Long Island Sound (Navy, 2017). Therefore, using the equation given above, the estimated number of takes by Level B harassment for harbor seals would be 44.
                </P>
                <P>The largest Level A harassment zone for harbor seals extends 984 m from the sound source (table 7). Using the equation given above, the calculated estimated take by Level A harassment for harbor seals would be 1. However, due to the consistent presence of phocid pinnipeds at the SUBASE over the last several years, NMFS conservatively authorizes increasing the estimated take by Level A harassment to one per 30 days of pile driving resulting in an estimated 8 harbor seals by Level A harassment over the course of the project.</P>
                <HD SOURCE="HD2">Gray Seal</HD>
                <P>
                    Gray seals are present in the project vicinity including the Thames River from March through June. Monthly surveys conducted in the Thames River from 2017 through 2019 recorded three sightings of individual gray seals (Tetra Tech, 2019). Seals were not observed on the shore and there are no gray seal haulouts within the project vicinity. Two different density estimates were used to calculate take of gray seals. A density of 0.049 individuals per km
                    <SU>2</SU>
                     was used in the Thames River and a density of 0.07 individuals per km
                    <SU>2</SU>
                     was used in the Long Island Sound (Navy, 2017). Therefore, using the equation given above, the calculated estimated take by Level B harassment for gray seals would be 44.
                </P>
                <P>
                    The largest Level A harassment zone for gray seals extends 984 m from the sound source (table 7). Using the equation given above, the calculated estimated take by Level A harassment for gray seals would be one. However, due to the consistent presence of phocid pinnipeds at the SUBASE over the last several years, NMFS conservatively authorized increasing the estimated take by Level A harassment to one per 30 days of pile driving resulting in an 
                    <PRTPAGE P="50573"/>
                    estimate of 8 takes of harbor seals by Level A harassment over the course of the project.
                </P>
                <HD SOURCE="HD2">Harp Seal</HD>
                <P>
                    Harp seals are present in the project vicinity from January through May and are much rarer in the Thames River then the other two seal species. Harp seals were not observed during monthly surveys conducted in the Thames River from 2017 through 2019 (Tetra Tech, 2019). However, two harp seals were identified in March 2019 and one harp seal in April 2019 by Mystic Aquarium staff. On both occasions they were hauled out on the finger piers of the marina at SUBASE (Navy, 2019a). The average density of harp seals in the Long Island Sound is 0.278 individuals per km
                    <SU>2</SU>
                    . Only vibratory pile driving activities will generate a harassment zone that extends into the Long Island Sound so for those activities the area from the mouth of the Thames River to the furthest extent in the Long Island Sound was used to calculate take. Therefore, using the equation given above, the estimated take by Level B harassment for harp seals would be seven. However, it was determined that up to one take by Level B harassment of harp seals could occur within the Thames River during each month they are present (January to May) resulting in an estimate of 12 takes of harp seals by Level B harassment.
                </P>
                <P>The largest Level A harassment zone for harp seals extends 984 m from the sound source (table 7) and is entirely contained within the Thames River. Harp seals do not have a density estimate for within the Thames River; therefore, given the sightings of this species hauled out at SUBASE, NMFS authorized increasing the estimated take by Level A harassment to one per 30 days of pile driving during the period in which harp seals could occur in the river. This results in an estimate of 5 takes of harp seals by Level A harassment over the course of the project.</P>
                <GPOTABLE COLS="7" OPTS="L2,i1" CDEF="s50,r50,12,10,10,10,10">
                    <TTITLE>Table 9—Estimated Take by Level A and Level B Harassment</TTITLE>
                    <BOXHD>
                        <CHED H="1">Common name</CHED>
                        <CHED H="1">Stock</CHED>
                        <CHED H="1">
                            Stock
                            <LI>
                                abundance 
                                <SU>1</SU>
                            </LI>
                        </CHED>
                        <CHED H="1">
                            Level A
                            <LI>harassment</LI>
                        </CHED>
                        <CHED H="1">
                            Level B
                            <LI>harassment</LI>
                        </CHED>
                        <CHED H="1">
                            Total
                            <LI>authorized</LI>
                            <LI>take</LI>
                        </CHED>
                        <CHED H="1">
                            Authorized
                            <LI>take as a</LI>
                            <LI>percentage</LI>
                            <LI>of stock</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Atlantic white-sided dolphin</ENT>
                        <ENT>Western North Atlantic</ENT>
                        <ENT>93,233</ENT>
                        <ENT>0</ENT>
                        <ENT>
                            <SU>2</SU>
                             12
                        </ENT>
                        <ENT>12</ENT>
                        <ENT>0.01</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Common dolphin</ENT>
                        <ENT>Western North Atlantic</ENT>
                        <ENT>93,100</ENT>
                        <ENT>0</ENT>
                        <ENT>
                            <SU>2</SU>
                             30
                        </ENT>
                        <ENT>30</ENT>
                        <ENT>0.03</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Harbor porpoise</ENT>
                        <ENT>Gulf of Maine/Bay of Fundy</ENT>
                        <ENT>87,765</ENT>
                        <ENT>0</ENT>
                        <ENT>9</ENT>
                        <ENT>9</ENT>
                        <ENT>0.01</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Harbor seal</ENT>
                        <ENT>Western North Atlantic</ENT>
                        <ENT>61,336</ENT>
                        <ENT>8</ENT>
                        <ENT>44</ENT>
                        <ENT>52</ENT>
                        <ENT>0.08</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Gray seal</ENT>
                        <ENT>Western North Atlantic</ENT>
                        <ENT>27,911</ENT>
                        <ENT>8</ENT>
                        <ENT>44</ENT>
                        <ENT>52</ENT>
                        <ENT>0.19</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Harp seal</ENT>
                        <ENT>Western North Atlantic</ENT>
                        <ENT>7,600,000</ENT>
                        <ENT>5</ENT>
                        <ENT>12</ENT>
                        <ENT>17</ENT>
                        <ENT>0.00002</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         Stock size is N
                        <E T="0732">best</E>
                         according to NMFS 2023a draft SARs.
                    </TNOTE>
                    <TNOTE>
                        <SU>2</SU>
                         Authorized take increased to mean group size from AMAPPS (Palka 
                        <E T="03">et al.,</E>
                         2017 and 2021).
                    </TNOTE>
                </GPOTABLE>
                <HD SOURCE="HD1">Mitigation</HD>
                <P>In order to issue an IHA under section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to the activity, and other means of effecting the least practicable impact on the species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stock for taking for certain subsistence uses (latter not applicable for this action). NMFS regulations require applicants for incidental take authorizations to include information about the availability and feasibility (economic and technological) of equipment, methods, and manner of conducting the activity or other means of effecting the least practicable adverse impact upon the affected species or stocks, and their habitat (see 50 CFR 216.104(a)(11)).</P>
                <P>In evaluating how mitigation may or may not be appropriate to ensure the least practicable adverse impact on species or stocks and their habitat, as well as subsistence uses where applicable, NMFS considers two primary factors:</P>
                <P>(1) The manner in which, and the degree to which, the successful implementation of the measure(s) is expected to reduce impacts to marine mammals, marine mammal species or stocks, and their habitat. This considers the nature of the potential adverse impact being mitigated (likelihood, scope, range). It further considers the likelihood that the measure will be effective if implemented (probability of accomplishing the mitigating result if implemented as planned), the likelihood of effective implementation (probability implemented as planned); and</P>
                <P>(2) The practicability of the measures for applicant implementation, which may consider such things as cost, and impact on operations.</P>
                <P>In addition to the measures described later in this section, the Navy will employ the following mitigation measures:</P>
                <P>• The Navy will ensure that construction supervisors and crews, the monitoring team, and relevant Navy staff are trained prior to the start of activities subject to the IHA, so that responsibilities, communication procedures, monitoring protocols, and operational procedures are clearly understood. New personnel joining during the project must be trained prior to commencing work.</P>
                <P>• For those marine mammals for which incidental take has not been authorized, in-water pile installation/removal will shut down immediately if such species are observed within or entering the Level B harassment zone.</P>
                <P>• If take reaches the authorized limit for any species, pile installation/removal will shut down immediately if these species approach the Level B harassment zone to avoid additional take.</P>
                <P>The following mitigation measures will apply to the Navy's in-water construction activities:</P>
                <HD SOURCE="HD2">Shutdown and Monitoring Zones</HD>
                <P>
                    The Navy must establish shutdown zones and Level B harassment monitoring zones for all pile driving activities. The purpose of a shutdown zone is generally to define an area within which shutdown of the activity will occur upon sighting of a marine animal (or in anticipation of an animal entering the defined area). Shutdown zones are based on the largest Level A harassment zone for each pile size/type and driving method, and behavioral monitoring zones are meant to encompass Level B harassment zones for each pile size/type and driving method, as shown in table 10. A minimum shutdown zone of 10 m will be required for all in-water construction activities to avoid physical interaction with marine mammals. Shutdown zones 
                    <PRTPAGE P="50574"/>
                    for each activity type are shown in table 10.
                </P>
                <P>Prior to pile driving, shutdown zones and monitoring zones will be established based on zones represented in table 7. Protected Species Observers (PSOs) will survey the shutdown zones and surrounding areas for at least 30 minutes before pile driving activities start. If marine mammals are found within the shutdown zone, pile driving will be delayed until the animal has moved out of the shutdown zone, either verified by an observer or by waiting until 15 minutes has elapsed without a sighting. If a marine mammal approaches or enters the shutdown zone during pile driving, the activity will be halted. Pile driving may resume after the animal has moved out of and is moving away from the shutdown zone or after at least 15 minutes has passed since the last observation of the animal.</P>
                <P>All marine mammals will be monitored in the Level B harassment to the extent of visibility for the on-duty PSOs. If a marine mammal for which take is authorized enters the Level B harassment zone, in-water activities would continue and PSOs will document the animal's presence within the estimated harassment zone.</P>
                <P>If a species for which authorization has not been granted, or for which the authorized takes are met, is observed approaching or within the Level B harassment zone, pile driving activities will be shut down immediately. Activities will not resume until the animal has been confirmed to have left the area or 15 minutes has elapsed with no sighting of the animal.</P>
                <GPOTABLE COLS="6" OPTS="L2,i1" CDEF="s40,r75,12,9,9,12">
                    <TTITLE>Table 10—Shutdown and Level B Monitoring Zones by Activity</TTITLE>
                    <BOXHD>
                        <CHED H="1">Method</CHED>
                        <CHED H="1">Pile size and type</CHED>
                        <CHED H="1">
                            Minimum
                            <LI>shutdown</LI>
                            <LI>zone</LI>
                            <LI>(m)</LI>
                        </CHED>
                        <CHED H="1">Level B monitoring zone (m)</CHED>
                        <CHED H="2">
                            MF-
                            <LI>cetaceans</LI>
                        </CHED>
                        <CHED H="2">
                            HF-
                            <LI>cetaceans</LI>
                        </CHED>
                        <CHED H="2">Phocid</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">Vibratory</ENT>
                        <ENT>16-in fiberglass reinforced plastic fender piles install and removal</ENT>
                        <ENT>10</ENT>
                        <ENT>10</ENT>
                        <ENT>10</ENT>
                        <ENT>3,415</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in steel H-pile (temporary) install and removal</ENT>
                        <ENT>10</ENT>
                        <ENT>10</ENT>
                        <ENT>10</ENT>
                        <ENT/>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in concrete encased steel H-pile removal</ENT>
                        <ENT>10</ENT>
                        <ENT>30</ENT>
                        <ENT>15</ENT>
                        <ENT>6,310</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>36-in steel pipe pile install</ENT>
                        <ENT>10</ENT>
                        <ENT>10</ENT>
                        <ENT>10</ENT>
                        <ENT>15,849</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Impact</ENT>
                        <ENT>16-in fiberglass reinforced plastic fender piles</ENT>
                        <ENT>10</ENT>
                        <ENT>45</ENT>
                        <ENT>20</ENT>
                        <ENT>22</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in steel H-pile (temporary) install</ENT>
                        <ENT>10</ENT>
                        <ENT>120</ENT>
                        <ENT>55</ENT>
                        <ENT>136</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>36-in steel pipe pile install</ENT>
                        <ENT>70</ENT>
                        <ENT>200</ENT>
                        <ENT>200</ENT>
                        <ENT>3,415</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Auger drilling</ENT>
                        <ENT>36-in steel pipe pile install</ENT>
                        <ENT>10</ENT>
                        <ENT>10</ENT>
                        <ENT>10</ENT>
                        <ENT>1,848</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Concurrent pile driving</ENT>
                        <ENT>14-in steel H-pile AND 14-in concrete encased steel H-pile</ENT>
                        <ENT>10</ENT>
                        <ENT>35</ENT>
                        <ENT>15</ENT>
                        <ENT>7,356</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in steel H-pile AND 14-in concrete encased steel H-pile AND 16-in fiberglass reinforced plastic fender</ENT>
                        <ENT>10</ENT>
                        <ENT>30</ENT>
                        <ENT>15</ENT>
                        <ENT>10,000</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>14-in steel H-pile AND 16-in fiberglass reinforced plastic fender</ENT>
                        <ENT>10</ENT>
                        <ENT>20</ENT>
                        <ENT>10</ENT>
                        <ENT>5,412</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD2">Protected Species Observers</HD>
                <P>The placement of PSOs during all pile driving and removal activities (described in detail in the Monitoring and Reporting section) will ensure that the Thames River and portion of the Long Island Sound is visible during pile installation.</P>
                <HD SOURCE="HD2">Pre- and Post-Activity Monitoring</HD>
                <P>
                    Monitoring must take place from 30 minutes prior to initiation of pile driving activities (
                    <E T="03">i.e.,</E>
                     pre-clearance monitoring) through 30 minutes post-completion of pile driving. Prior to the start of daily in-water construction activity, or whenever a break in pile driving of 30 minutes or longer occurs, PSOs will observe the shutdown and monitoring zones for a period of 30 minutes. The shutdown zone will be considered cleared when a marine mammal has not been observed within the zone for a 30-minute period. If a marine mammal is observed within the shutdown zones, pile driving activity will be delayed or halted. If work ceases for more than 30 minutes, the pre-activity monitoring of the shutdown zones will commence. A determination that the shutdown zone is clear must be made during a period of good visibility (
                    <E T="03">i.e.,</E>
                     the entire shutdown zone and surrounding waters must be visible to the naked eye).
                </P>
                <HD SOURCE="HD2">Soft Start</HD>
                <P>Soft-start procedures are believed to provide additional protection to marine mammals by providing warning and/or giving marine mammals a chance to leave the area prior to the impact hammer operating at full capacity. For impact driving, an initial set of three strikes will be made by the hammer at reduced energy, followed by a 30-second waiting period, then two subsequent three-strike sets before initiating continuous driving. Soft start will be implemented at the start of each day's impact pile driving and at any time following cessation of impact pile driving for a period of 30 minutes or longer.</P>
                <P>Based on our evaluation of the applicant's planned measures, NMFS has determined that the mitigation measures provide the means of effecting the least practicable impact on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance.</P>
                <HD SOURCE="HD1">Monitoring and Reporting</HD>
                <P>In order to issue an IHA for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must set forth requirements pertaining to the monitoring and reporting of such taking. The MMPA implementing regulations at 50 CFR 216.104(a)(13) indicate that requests for authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present while conducting the activities. Effective reporting is critical both to compliance as well as ensuring that the most value is obtained from the required monitoring.</P>
                <P>Monitoring and reporting requirements prescribed by NMFS should contribute to improved understanding of one or more of the following:</P>
                <P>
                    • Occurrence of marine mammal species or stocks in the area in which 
                    <PRTPAGE P="50575"/>
                    take is anticipated (
                    <E T="03">e.g.,</E>
                     presence, abundance, distribution, density);
                </P>
                <P>
                    • Nature, scope, or context of likely marine mammal exposure to potential stressors/impacts (individual or cumulative, acute or chronic), through better understanding of: (1) action or environment (
                    <E T="03">e.g.,</E>
                     source characterization, propagation, ambient noise); (2) affected species (
                    <E T="03">e.g.,</E>
                     life history, dive patterns); (3) co-occurrence of marine mammal species with the activity; or (4) biological or behavioral context of exposure (
                    <E T="03">e.g.,</E>
                     age, calving or feeding areas);
                </P>
                <P>• Individual marine mammal responses (behavioral or physiological) to acoustic stressors (acute, chronic, or cumulative), other stressors, or cumulative impacts from multiple stressors;</P>
                <P>• How anticipated responses to stressors impact either: (1) long-term fitness and survival of individual marine mammals; or (2) populations, species, or stocks;</P>
                <P>
                    • Effects on marine mammal habitat (
                    <E T="03">e.g.,</E>
                     marine mammal prey species, acoustic habitat, or other important physical components of marine mammal habitat); and
                </P>
                <P>• Mitigation and monitoring effectiveness.</P>
                <HD SOURCE="HD2">Visual Monitoring</HD>
                <P>Marine mammal monitoring must be conducted in accordance with the Monitoring Plan and section 5 of the IHA. Marine mammal monitoring during pile driving and removal must be conducted by NMFS-approved PSOs in a manner consistent with the following:</P>
                <P>• PSOs must be independent of the activity contractor (for example, employed by a subcontractor) and have no other assigned tasks during monitoring periods;</P>
                <P>• At least one PSO must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization;</P>
                <P>• Other PSOs may substitute education (degree in biological science or related field) or training for experience; and</P>
                <P>• The Navy must submit PSO Curriculum Vitae for approval by NMFS prior to the onset of pile driving.</P>
                <P>PSOs must have the following additional qualifications:</P>
                <P>• Ability to conduct field observations and collect data according to assigned protocols;</P>
                <P>• Experience or training in the field identification of marine mammals, including the identification of behaviors;</P>
                <P>• Sufficient training, orientation, or experience with the construction operation to provide for personal safety during observations;</P>
                <P>• Writing skills sufficient to prepare a report of observations including but not limited to the number and species of marine mammals observed; dates and times when in-water construction activities were conducted; dates, times, and reason for implementation of mitigation (or why mitigation was not implemented when required); and marine mammal behavior; and</P>
                <P>• Ability to communicate orally, by radio or in person, with project personnel to provide real-time information on marine mammals observed in the area as necessary. The Navy will employ up to five PSOs. PSO locations will provide an unobstructed view of all water within the shutdown zone(s), and as much of the Level A harassment and Level B harassment zones as possible. PSO locations may include the pile installation/extraction barge, shore-based locations (such as pier 17 or pier 32), small boats, and the mouth of the Thames River.</P>
                <P>Monitoring will be conducted 30 minutes before, during, and 30 minutes after pile driving/removal activities. In addition, observers shall record all incidents of marine mammal occurrence, regardless of distance from activity, and shall document any behavioral reactions in concert with distance from piles being driven or removed. Pile driving/removal activities include the time to install or remove a single pile or series of piles, as long as the time elapsed between uses of the pile driving equipment is no more than 30 minutes.</P>
                <HD SOURCE="HD2">Data Collection</HD>
                <P>PSOs will use approved data forms to record the following information:</P>
                <P>• Dates and times (beginning and end) of all marine mammal monitoring.</P>
                <P>• PSO locations during marine mammal monitoring.</P>
                <P>
                    Construction activities occurring during each daily observation period, including how many and what type of piles were driven or removed and by what method (
                    <E T="03">i.e.,</E>
                     vibratory, impact, or auger drilling).
                </P>
                <P>• Weather parameters and water conditions.</P>
                <P>• The number of marine mammals observed, by species, relative to the pile location and if pile driving or removal was occurring at time of sighting.</P>
                <P>• Distance and bearings of each marine mammal observed to the pile being driven or removed.</P>
                <P>• Description of marine mammal behavior patterns, including direction of travel.</P>
                <P>• Age and sex class, if possible, of all marine mammals observed.</P>
                <P>• Detailed information about implementation of any mitigation triggered (such as shutdowns and delays), a description of specific actions that ensued, and resulting behavior of the animal if any.</P>
                <HD SOURCE="HD2">Hydroacoustic Monitoring</HD>
                <P>The Navy plans to conduct hydroacoustic monitoring, or sound source verification (SSV), of all pile installation and removal methods. Hydroacoustic monitoring results may be used to adjust the size of the Level A and Level B harassment and monitoring zones after a request is made and approved by NMFS. At minimum, the methodology includes:</P>
                <P>• For underwater recordings, a stationary hydrophone system with the ability to measure SPLs will be placed in accordance with NMFS most recent guidance for the collection of source levels.</P>
                <P>• Hydroacoustic monitoring will be successfully conducted for at least 10 percent and up to a maximum of 10 of each different type of pile and each method of installation (table 11). Monitoring will occur at 33 ft (10 m) from the noise; at a location intermediate of the pinniped and cetacean Level A (PTS onset) zones; and occasionally near the predicted harassment zones for Level B (Behavioral) harassment. The resulting data set will be analyzed to examine and confirm SPLs and rates of TL for each separate in-water construction activity. With NMFS concurrence, these metrics may be used to recalculate the limits of the shutdown, Level A (PTS onset), and Level B (Behavioral) disturbance zones, and to make corresponding adjustments in marine mammal monitoring of these zones. Hydrophones will be placed using a static line deployed from a stationary (temporarily moored) vessel. Locations of hydroacoustic recordings will be collected via global positioning system. A depth sounder and/or weighted tape measure will be used to determine the depth of the water. The hydrophone will be attached to a weighted nylon cord or chain to maintain a constant depth and distance from the pile area. The nylon cord or chain will be attached to a float or tied to a static line.</P>
                <P>
                    • Each hydrophone will be calibrated at the start of each action and will be checked frequently to the applicable standards of the hydrophone manufacturer.
                    <PRTPAGE P="50576"/>
                </P>
                <P>
                    • Environmental data will be collected, including but not limited to, the following: wind speed and direction, air temperature, humidity, surface water temperature, water depth, wave height, weather conditions, and other factors that could contribute to influencing the airborne and underwater sound levels (
                    <E T="03">e.g.,</E>
                     aircraft, boats, 
                    <E T="03">etc.</E>
                    ).
                </P>
                <P>• The chief inspector will supply the acoustics specialist with the substrate composition, hammer/drill model and size, hammer/drill energy settings, depth of drilling, and boring rates and any changes to those settings during the monitoring.</P>
                <P>• For acoustically monitored construction activities, data from the continuous monitoring locations will be post-processed to obtain the following sound measures:</P>
                <P>○ Maximum peak pressure level recorded for all activities, expressed in dB re 1 μPa.</P>
                <P> Mean, median, minimum, and maximum RMS pressure level in [dB re 1 μPa].</P>
                <P> Mean duration of a pile strike (based on 90 percent energy criterion).</P>
                <P> Number of hammer strikes.</P>
                <P>
                     Mean, median, minimum, and maximum single strike sound exposure level (SEL) in [dB re μPa
                    <SU>2</SU>
                     sec].
                </P>
                <P>
                    ○ Cumulative SEL as defined by the mean single strike SEL + 10*log
                    <E T="52">10</E>
                     (number of hammer strikes) (dB re μPa
                    <SU>2</SU>
                     sec).
                </P>
                <P>○ Median integration time used to calculate RMS SPL.</P>
                <P>
                    ○ A frequency spectrum (pressure spectral density) (dB re μPa
                    <SU>2</SU>
                     per Hz) based on the average of up to eight successive strikes with similar sound. Spectral resolution will be 1 Hz, and the spectrum will cover nominal range from 7 Hz to 20 kHz.
                </P>
                <P>
                    ○ Finally, the cumulative SEL will be computed from all the strikes associated with each pile occurring during all phases, 
                    <E T="03">i.e.,</E>
                     soft start. This measure is defined as the sum of all single strike SEL values. The sum is taken of the antilog, with log
                    <E T="52">10</E>
                     taken of result to express (dB re μPa
                    <SU>2</SU>
                     sec).
                </P>
                <P>
                    • For vibratory driving/extraction/drilling: duration and frequency spectrum of vibratory driving per pile; mean, median, and maximum sound levels (dB re: 1 µPa): root mean square sound pressure level (SPL
                    <E T="52">rms</E>
                    ), SEL
                    <E T="52">cum</E>
                     (and timeframe over which the sound is averaged).
                </P>
                <GPOTABLE COLS="4" OPTS="L2,nj,i1" CDEF="s100,8,r50,11">
                    <TTITLE>Table 11—Hydroacoustic Monitoring Summary</TTITLE>
                    <BOXHD>
                        <CHED H="1">Pile type</CHED>
                        <CHED H="1">Count</CHED>
                        <CHED H="1">Method of install/extract</CHED>
                        <CHED H="1">
                            Numbe
                            <LI>
                                monitored 
                                <SU>1</SU>
                            </LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">14-in steel H-pile</ENT>
                        <ENT>60</ENT>
                        <ENT>Impact</ENT>
                        <ENT>6-10</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">14-in steel H-pile</ENT>
                        <ENT>60</ENT>
                        <ENT>Vibratory</ENT>
                        <ENT>6-10</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">36-in steel pipe pile</ENT>
                        <ENT>20</ENT>
                        <ENT>Impact</ENT>
                        <ENT>2-10</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">36-in steel pipe pile</ENT>
                        <ENT>20</ENT>
                        <ENT>Vibratory</ENT>
                        <ENT>2-10</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">36-in steel pipe pile</ENT>
                        <ENT>20</ENT>
                        <ENT>Auger (rotary) drill</ENT>
                        <ENT>2-10</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">16-in fiberglass reinforced plastic fender pile</ENT>
                        <ENT>60</ENT>
                        <ENT>Impact</ENT>
                        <ENT>6-10</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">16-in fiberglass reinforced plastic fender pile</ENT>
                        <ENT>60</ENT>
                        <ENT>Vibratory</ENT>
                        <ENT>6-10</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">14-in concrete encased steel H-pile</ENT>
                        <ENT>20</ENT>
                        <ENT>Vibratory</ENT>
                        <ENT>2-10</ENT>
                    </ROW>
                    <TNOTE>
                        <SU>1</SU>
                         Hydroacoustic monitoring would be successfully conducted for at least 10 percent and up to 10 of each different type of pile and each method of installation.
                    </TNOTE>
                </GPOTABLE>
                <HD SOURCE="HD2">Reporting</HD>
                <P>A draft marine mammal monitoring report will be submitted to NMFS within 90 days after the completion of pile driving and removal activities. It will include an overall description of work completed, a narrative regarding marine mammal sightings, and associated PSO data sheets. Specifically, the report must include:</P>
                <P>• Dates and times (begin and end) of all marine mammal monitoring.</P>
                <P>
                    • Construction activities occurring during each daily observation period, including the number and type of piles driven or removed and by what method (
                    <E T="03">i.e.,</E>
                     vibratory driving) and the total equipment duration for cutting for each pile.
                </P>
                <P>• PSO locations during marine mammal monitoring.</P>
                <P>• Environmental conditions during monitoring periods (at beginning and end of PSO shift and whenever conditions change significantly), including Beaufort sea state and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance.</P>
                <P>
                    • Upon observation of a marine mammal, the following information: (1) name of PSO who sighted the animal(s) and PSO location and activity at time of sighting; (2) time of sighting; (3) identification of the animal(s) (
                    <E T="03">e.g.,</E>
                     genus/species, lowest possible taxonomic level, or unidentified), PSO confidence in identification, and the composition of the group if there is a mix of species; (4) distance and bearing of each marine mammal observed relative to the pile being driven for each sighting (if pile driving was occurring at time of sighting); (5) estimated number of animals (min/max/best estimate); (6) estimated number of animals by cohort (adults, juveniles, neonates, group composition, 
                    <E T="03">etc.</E>
                    ); (7) animal's closest point of approach and estimated time spent within the harassment zone; and (8) description of any marine mammal behavioral observations (
                    <E T="03">e.g.,</E>
                     observed behaviors such as feeding or traveling), including an assessment of behavioral responses thought to have resulted from the activity (
                    <E T="03">e.g.,</E>
                     no response or changes in behavioral state such as ceasing feeding, changing direction, flushing, or breaching).
                </P>
                <P>• Number of marine mammals detected within the harassment zones, by species.</P>
                <P>
                    • Detailed information about any implementation of any mitigation triggered (
                    <E T="03">e.g.,</E>
                     shutdowns and delays), a description of specific actions that ensued, and resulting changes in behavior of the animal(s), if any.
                </P>
                <P>• All PSO data will be submitted electronically in a format that can be queried such as a spreadsheet or database and would be submitted with the draft marine mammal report.</P>
                <P>If no comments are received from NMFS within 30 days, the draft final report will constitute the final report. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments.</P>
                <HD SOURCE="HD2">Reporting of Hydroacoustic Monitoring</HD>
                <P>
                    The Navy shall also submit a draft hydroacoustic monitoring report to NMFS within 90 days of the completion of required monitoring at the end of the project, including data in a tabular spreadsheet format (Microsoft Excel or similar). The report will detail the hydroacoustic monitoring protocol and 
                    <PRTPAGE P="50577"/>
                    summarize the data recorded during monitoring. The final report must be prepared and submitted within 30 days following resolution of any NMFS comments on the draft report. If no comments are received from NMFS within 30 days of receipt of the draft report, the report shall be considered final. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments. All draft and final hydroacoustic monitoring reports must be submitted to 
                    <E T="03">PR.ITP.MonitoringReports@noaa.gov</E>
                     and 
                    <E T="03">ITP.Wachtendonk@noaa.gov.</E>
                     The hydroacoustic monitoring report will contain the informational elements described in the Hydroacoustic Monitoring Plan and, at minimum, will include:
                </P>
                <P>• Hydrophone equipment and methods: recording device, sampling rate, distance (m) from the pile where recordings were made; depth of recording device(s).</P>
                <P>
                    • Type and size of pile being driven, substrate type, method of driving during recordings (
                    <E T="03">e.g.,</E>
                     hammer model and energy), and total pile driving duration.
                </P>
                <P>• Whether a sound attenuation device is used and, if so, a detailed description of the device used and the duration of its use per pile.</P>
                <P>
                    • For impact pile driving: number of strikes and strike rate; depth of substrate to penetrate; pulse duration and mean, median, and maximum sound levels (dB re: 1 μPa); SPL
                    <E T="52">rms</E>
                    ; SEL
                    <E T="52">cum</E>
                    ; peak sound pressure level (SPL
                    <E T="52">peak</E>
                    ); and single-strike sound exposure level (SEL
                    <E T="52">ss</E>
                    ).
                </P>
                <P>
                    • For vibratory driving/extraction/drilling: duration and frequency spectrum of vibratory driving per pile; mean, median, and maximum sound levels (dB re: 1 μPa): SPL
                    <E T="52">rms</E>
                    , SEL
                    <E T="52">cum</E>
                     (and timeframe over which the sound is averaged).
                </P>
                <P>• One-third octave band spectrum and power spectral density plot.</P>
                <P>• General Daily Site Conditions</P>
                <P>○ Date and time of activities.</P>
                <P>
                    ○ Water conditions (
                    <E T="03">e.g.,</E>
                     sea state, tidal state).
                </P>
                <P>
                    ○ Weather conditions (
                    <E T="03">e.g.,</E>
                     percent cover, visibility).
                </P>
                <HD SOURCE="HD2">Reporting Injured or Dead Marine Mammals</HD>
                <P>In the event that personnel involved in the construction activities discover an injured or dead marine mammal, the Navy shall report the incident to the Office of Protected Resources (OPR), NMFS and to the regional stranding coordinator as soon as feasible. If the death or injury was clearly caused by the specified activity, the Navy must immediately cease the specified activities until NMFS is able to review the circumstances of the incident and determine what, if any, additional measures are appropriate to ensure compliance with the terms of the IHA. The IHA-holder must not resume their activities until notified by NMFS. The report must include the following information:</P>
                <P>• Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);</P>
                <P>• Species identification (if known) or description of the animal(s) involved;</P>
                <P>• Condition of the animal(s) (including carcass condition if the animal is dead);</P>
                <P>• Observed behaviors of the animal(s), if alive;</P>
                <P>• If available, photographs or video footage of the animal(s); and</P>
                <P>• General circumstances under which the animal was discovered.</P>
                <HD SOURCE="HD1">Negligible Impact Analysis and Determination</HD>
                <P>
                    NMFS has defined negligible impact as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival (50 CFR 216.103). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival (
                    <E T="03">i.e.,</E>
                     population-level effects). An estimate of the number of takes alone is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be “taken” through harassment, NMFS considers other factors, such as the likely nature of any impacts or responses (
                    <E T="03">e.g.,</E>
                     intensity, duration), the context of any impacts or responses (
                    <E T="03">e.g.,</E>
                     critical reproductive time or location, foraging impacts affecting energetics), as well as effects on habitat, and the likely effectiveness of the mitigation. We also assess the number, intensity, and context of estimated takes by evaluating this information relative to population status. Consistent with the 1989 preamble for NMFS' implementing regulations (54 FR 40338, September 29, 1989), the impacts from other past and ongoing anthropogenic activities are incorporated into this analysis via their impacts on the baseline (
                    <E T="03">e.g.,</E>
                     as reflected in the regulatory status of the species, population size and growth rate where known, ongoing sources of human-caused mortality, or ambient noise levels).
                </P>
                <P>To avoid repetition, the discussion of our analysis applies to all the species listed in table 1, given that the anticipated effects of this activity on these different marine mammal stocks are expected to be similar. There is little information about the nature or severity of the impacts, or the size, status, or structure of any of these species or stocks that would lead to a different analysis for this activity.</P>
                <P>Pile driving activities have the potential to disturb or displace marine mammals. Specifically, the project activities may result in take, in the form of Level A harassment and Level B harassment from underwater sounds generated from pile driving and removal. Potential takes could occur if individuals are present in the ensonified zone when these activities are underway.</P>
                <P>Estimated takes by Level B harassment would be due to potential behavioral disturbance, and TTS. Take by Level A harassment would be due to PTS. No mortality or serious injury is anticipated given the nature of the activity, even in the absence of the required mitigation, and therefore none is authorized. The potential for harassment is minimized through the construction method and the implementation of the mitigation measures (see Mitigation section).</P>
                <P>Take would occur within a limited, confined area (the Thames River and a small section of the Long Island Sound) of the stocks' ranges. Take by Level A and Level B harassment would be reduced to the level of least practicable adverse impact through use of mitigation measures described herein. Further, the amount of take authorized is extremely small when compared to stock abundance, and the project is not anticipated to impact any known important habitat areas for any marine mammal species.</P>
                <P>
                    Take by Level A harassment is authorized to account for the potential that an animal could enter and remain within the area between a Level A harassment zone and the shutdown zone for a duration long enough to be taken by Level A harassment. Any take by Level A harassment is expected to arise from, at most, a small degree of PTS because animals would need to be exposed to higher levels and/or longer duration than are expected to occur here in order to incur any more than a small degree of PTS. Additionally, and as noted previously, some subset of the individuals that are behaviorally harassed could simultaneously incur some small degree of TTS for a short duration of time. Because of the small degree anticipated, though, any PTS or 
                    <PRTPAGE P="50578"/>
                    TTS potentially incurred here would not be expected to adversely impact individual fitness, let alone annual rates of recruitment or survival.
                </P>
                <P>Behavioral responses of marine mammals to pile driving at the project site, if any, are expected to be mild and temporary. Marine mammals within the Level B harassment zone may not show any visual cues they are disturbed by activities or could become alert, avoid the area, leave the area, or display other mild responses that are not observable such as changes in vocalization patterns. Given the limited number of piles to be installed or extracted per day and that pile driving and removal will occur across a maximum of 242 days within the 12-month authorization period, any harassment will be temporary.</P>
                <P>Any impacts on marine mammal prey that would occur during the Navy's activity would have, at most, short-term effects on foraging of individual marine mammals, and likely no effect on the populations of marine mammals as a whole. Indirect effects on marine mammal prey during the construction are expected to be minor, and these effects are unlikely to cause substantial effects on marine mammals at the individual level, with no expected effect on annual rates of recruitment or survival.</P>
                <P>In addition, it is unlikely that minor noise effects in a small, localized area of habitat would have any effect on the stocks' annual rates of recruitment or survival. In combination, we believe that these factors, as well as the available body of evidence from other similar activities, demonstrate that the potential effects of the specified activities will have only minor, short-term effects on individuals. The specified activities are not expected to impact rates of recruitment or survival and will therefore not result in population-level impacts.</P>
                <P>In summary and as described above, the following factors primarily support our determination that the impacts resulting from this activity are not expected to adversely affect any of the species or stocks through effects on annual rates of recruitment or survival:</P>
                <P>• No serious injury or mortality is anticipated or authorized;</P>
                <P>• The intensity of anticipated takes by Level B harassment is relatively low for all stocks and would not be of a duration or intensity expected to result in impacts on reproduction or survival;</P>
                <P>• No important habitat areas have been identified within the project area;</P>
                <P>• For all species, the Thames River and Long Island Sound are a very small and peripheral part of their range and anticipated habitat impacts are minor; and</P>
                <P>• The Navy will implement mitigation measures, such as soft-starts for impact pile driving and shut downs to minimize the numbers of marine mammals exposed to injurious levels of sound, and to ensure that take by Level A harassment, is at most, a small degree of PTS.</P>
                <P>Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the monitoring and mitigation measures, NMFS finds that the total marine mammal take from the activity will have a negligible impact on all affected marine mammal species or stocks.</P>
                <HD SOURCE="HD1">Small Numbers</HD>
                <P>As noted previously, only take of small numbers of marine mammals may be authorized under sections 101(a)(5)(A) and (D) of the MMPA for specified activities other than military readiness activities. The MMPA does not define small numbers and so, in practice, where estimated numbers are available, NMFS compares the number of individuals taken to the most appropriate estimation of abundance of the relevant species or stock in our determination of whether an authorization is limited to small numbers of marine mammals. When the predicted number of individuals to be taken is fewer than one-third of the species or stock abundance, the take is considered to be of small numbers. Additionally, other qualitative factors may be considered in the analysis, such as the temporal or spatial scale of the activities.</P>
                <P>Table 9 demonstrates the number of animals that could be exposed to received noise levels that could cause take by Level A and Level B harassment for the work at SUBASE. Our analysis shows that less than 1 percent of each affected stock could be taken by harassment. The numbers of animals authorized to be taken for these stocks is considered small relative to the relevant stock's abundances, even if each estimated taking occurred to a new individual—an extremely unlikely scenario.</P>
                <P>Based on the analysis contained herein of the activity (including the mitigation and monitoring measures) and the anticipated take of marine mammals, NMFS finds that small numbers of marine mammals would be taken relative to the population size of the affected species or stocks.</P>
                <HD SOURCE="HD1">Unmitigable Adverse Impact Analysis and Determination</HD>
                <P>There are no relevant subsistence uses of the affected marine mammal stocks or species implicated by this action. Therefore, NMFS has determined that the total taking of affected species or stocks will not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes.</P>
                <HD SOURCE="HD1">Endangered Species Act</HD>
                <P>
                    Section 7(a)(2) of the ESA of 1973 (16 U.S.C. 1531 
                    <E T="03">et seq.</E>
                    ) requires that each Federal agency insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally whenever we authorize take for endangered or threatened species.
                </P>
                <P>No incidental take of ESA-listed species is authorized or expected to result from this activity. Therefore, NMFS has determined that formal consultation under section 7 of the ESA is not required for this action.</P>
                <HD SOURCE="HD1">National Environmental Policy Act</HD>
                <P>
                    To comply with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 
                    <E T="03">et seq.</E>
                    ) and NOAA Administrative Order (NAO) 216-6A, NMFS must evaluate our action (
                    <E T="03">i.e.,</E>
                     the issuance of an IHA) and alternatives with respect to potential impacts on the human environment.
                </P>
                <P>This action is consistent with categories of activities identified in Categorical Exclusion B4 (IHAs with no anticipated serious injury or mortality) of the Companion Manual for NAO 216-6A, which do not individually or cumulatively have the potential for significant impacts on the quality of the human environment and for which we have not identified any extraordinary circumstances that would preclude this categorical exclusion. Accordingly, NMFS has determined that the issuance of this IHA qualifies to be categorically excluded from further NEPA review.</P>
                <HD SOURCE="HD1">Authorization</HD>
                <P>NMFS has issued an IHA to the Navy for the potential harassment of small numbers of six marine mammal species incidental to the New London Pier Extension Project at SUBASE in Groton, Connecticut, that includes the previously explained mitigation, monitoring and reporting requirements.</P>
                <SIG>
                    <PRTPAGE P="50579"/>
                    <DATED>Dated: June 11, 2024.</DATED>
                    <NAME>Angela Somma,</NAME>
                    <TITLE>Acting Director, Office of Protected Resources, National Marine Fisheries Service.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13169 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 3510-22-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED</AGENCY>
                <SUBJECT>Procurement List; Deletions</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Committee for Purchase From People Who Are Blind or Severely Disabled.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Deletions from the Procurement List.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This action deletes product(s) from the Procurement List that were furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Date added to and deleted from the Procurement List:</E>
                         July 14, 2024.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Committee for Purchase From People Who Are Blind or Severely Disabled, 355 E Street SW, Suite 325, Washington, DC 20024.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For further information or to submit comments contact: Michael R. Jurkowski, Telephone: (703) 785-6404, or email 
                        <E T="03">CMTEFedReg@AbilityOne.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Deletions</HD>
                <P>On 5/10/2024 (89 FR 40473), the Committee for Purchase From People Who Are Blind or Severely Disabled published notice of proposed deletions from the Procurement List. This notice is published pursuant to 41 U.S.C. 8503 (a)(2) and 41 CFR 51-2.3.</P>
                <P>After consideration of the relevant matter presented, the Committee has determined that the product(s) listed below are no longer suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.</P>
                <HD SOURCE="HD2">Regulatory Flexibility Act Certification</HD>
                <P>I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:</P>
                <P>1. The action will not result in additional reporting, recordkeeping or other compliance requirements for small entities.</P>
                <P>2. The action may result in authorizing small entities to furnish the product(s) to the Government.</P>
                <P>3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the product(s) deleted from the Procurement List.</P>
                <HD SOURCE="HD2">End of Certification</HD>
                <P>Accordingly, the following product(s) are deleted from the Procurement List:</P>
                <EXTRACT>
                    <HD SOURCE="HD2">Product(s)</HD>
                    <FP SOURCE="FP-2">
                        <E T="03">NSN(s)—Product Name(s):</E>
                    </FP>
                    <FP SOURCE="FP1-2">1670-01-578-6771—Deployment Bag, Parachute, 35 Feet (T-10R)</FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Authorized Source of Supply:</E>
                         Georgia Industries for the Blind, Bainbridge, GA
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Authorized Source of Supply:</E>
                         Winston-Salem Industries for the Blind, Inc, Winston-Salem, NC
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Contracting Activity:</E>
                         DLA AVIATION, RICHMOND, VA
                    </FP>
                </EXTRACT>
                <SIG>
                    <NAME>Michael R. Jurkowski,</NAME>
                    <TITLE>Director, Business Operations.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13120 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6353-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED</AGENCY>
                <SUBJECT>Procurement List; Proposed Deletions</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Committee for Purchase From People Who Are Blind or Severely Disabled.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Proposed deletions from the Procurement List.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Committee is proposing to delete product(s) from the Procurement List that were furnished by nonprofit agencies employing persons who are blind or have other severe disabilities.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Comments must be received on or before:</E>
                         July 14, 2024.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Committee for Purchase From People Who Are Blind or Severely Disabled, 355 E Street SW, Suite 325, Washington, DC 20024.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For further information or to submit comments contact: Michael R. Jurkowski, Telephone: (703) 785-6404, or email 
                        <E T="03">CMTEFedReg@AbilityOne.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>This notice is published pursuant to 41 U.S.C. 8503 (a)(2) and 41 CFR 51-2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions.</P>
                <HD SOURCE="HD1">Deletions</HD>
                <P>The following product(s) are proposed for deletion from the Procurement List:</P>
                <EXTRACT>
                    <HD SOURCE="HD2">Product(s)</HD>
                    <FP SOURCE="FP-2">
                        <E T="03">NSN(s)—Product Name(s):</E>
                    </FP>
                    <FP SOURCE="FP1-2">7045-01-599-2658—Encrypted Digital Video Disc,—Recordable, 25 DVDs on Spindle, Silver</FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Designated Source of Supply:</E>
                         North Central Sight Services, Inc., Williamsport, PA
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Contracting Activity:</E>
                         DLA TROOP SUPPORT, PHILADELPHIA, PA
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">NSN(s)—Product Name(s):</E>
                    </FP>
                    <FP SOURCE="FP1-2">7520-00-079-0285—Permanent Marker, Tube Type, Chisel Tip, Brown</FP>
                    <FP SOURCE="FP1-2">7520-00-079-0287—Permanent Marker, Tube Type, Chisel Tip, Purple</FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Designated Source of Supply:</E>
                         Dallas Lighthouse for the Blind, Inc., Dallas, TX
                    </FP>
                    <FP SOURCE="FP-2">
                        <E T="03">Contracting Activity:</E>
                         GSA/FAS ADMIN SVCS ACQUISITION BR(2, NEW YORK, NY
                    </FP>
                </EXTRACT>
                <SIG>
                    <NAME>Michael R. Jurkowski,</NAME>
                    <TITLE>Director, Business Operations.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13121 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6353-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF DEFENSE</AGENCY>
                <SUBAGY>Office of the Secretary</SUBAGY>
                <SUBJECT>Charter Renewal of Department of Defense Federal Advisory Committees—Air University Board of Visitors</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of Defense (DoD).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Renewal of Federal advisory committee.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The DoD is publishing this notice to announce that it is renewing the Air University Board of Victors (AU BoV).</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Jim Freeman, Advisory Committee Management Officer for DoD, 703-692-5952.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The AU BoV is being renewed in accordance with chapter 10 of title 5, United States Code (U.S.C.) (commonly known as “the Federal Advisory Committee Act” or “FACA”) and 41 CFR 102-3.50(a). The charter and contact information for the AU BoV's Designated Federal Officer (DFO) are found at 
                    <E T="03">https://www.facadatabase.gov/FACA/apex/FACAPublicAgencyNavigation.</E>
                </P>
                <P>
                    The AU BoV provides the Secretary of Defense and Deputy Secretary of Defense (“the DoD Appointing Authority”), through the Secretary of the Air Force, with independent advice and recommendations on matters pertaining to the Air University (AU) educational, doctrinal, and research policies and activities specifically on matters pertaining to (a) the progress of the educational programs and the support activities of the AU; (b) the published statement of purpose, institutional policies, and financial resources of the AU; and (c) the 
                    <PRTPAGE P="50580"/>
                    educational effectiveness quality of student learning, administrative and educational support services, and teaching, research, and public service of the AU.
                </P>
                <P>The AU BoV is composed of no more than 15 members who shall recommend appropriate actions to the DoD Appointing Authority, through the Secretary of the Air Force, who may act upon the AU BoV's advice and recommendations in accordance with DoD policy and procedures.</P>
                <P>Individual members are appointed by the DoD Appointing Authority in accordance with DoD policy and procedures, and shall serve a term of service of one-to-four years with annual renewals. The DoD Appointing Authority shall appoint one member of the AU BoV as Chair of the AU BoV, and that person, shall serve a term of service of one-to-two years with annual renewal. No member, unless approved according to DoD policy and procedures, may serve more than two consecutive terms of service on the AU BoV, or serve on more than two DoD Federal advisory committees at one time.</P>
                <P>AU BoV members who are not full-time or permanent part-time Federal civilian officers or employees, or active-duty members of the Uniformed Services, are appointed as experts or consultants, pursuant to 5 U.S.C. 3109, to serve as special government employee members. AU BoV members who are full-time or permanent part-time Federal civilian officers or employees, or active-duty members of the Uniformed Services are appointed pursuant to 41 CFR 102-3.130(a), to serve as regular government employee members.</P>
                <P>All AU BoV members are appointed to provide advice based on their best judgment without representing any particular point of view and in a manner that is free from conflict of interest. Except for reimbursement of official AU BoV-related travel and per diem, members serve without compensation.</P>
                <P>The public or interested organizations may submit written statements about the AU BoV's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the AU BoV. All written statements shall be submitted to the DFO for the AU BoV, and this individual will ensure that the written statements are provided to the membership for their consideration.</P>
                <SIG>
                    <DATED>Dated: June 10, 2024.</DATED>
                    <NAME>Aaron T. Siegel,</NAME>
                    <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13117 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6001-FR-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
                <SUBAGY>Office of the Secretary</SUBAGY>
                <SUBJECT>Renewal of Department of Defense Federal Advisory Committees—Reserve Forces Policy Board</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of Defense (DoD).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Charter renewal of Federal advisory committee.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The DoD is publishing this notice to announce that it is renewing the charter for the Reserve Forces Policy Board (RFPB).</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Jim Freeman, DoD Advisory Committee Management Officer, 703-692-5952.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The RFPB is being renewed in accordance with chapter 10 of title 5, United States Code (U.S.C.), (commonly known as “the Federal Advisory Committee Act” or “FACA”) and 41 CFR 102-3.50(a). The charter and contact information for the RFPB's Designated Federal Officer (DFO) are found at 
                    <E T="03">https://www.facadatabase.gov/FACA/apex/FACAPublicAgencyNavigation.</E>
                </P>
                <P>Pursuant to 10 U.S.C. 10301(b), the RFPB shall serve as an independent adviser to provide advice and recommendations on strategies, policies, and practices designed to improve and enhance the capabilities, efficiency, and effectiveness of the reserve components. The RFPB may act on those matters referred to it by the Chair and on any matter raised by a member of the RFPB or the Secretary of Defense (SecDef). All RFPB work, including subcommittee work, will be in response to written terms of reference or taskings approved by the SecDef or the Deputy Secretary of Defense (“the DoD Appointing Authority”), or the Under Secretary of Defense for Personnel and Readiness (USD(P&amp;R)) unless otherwise provided by statute or Presidential directive.</P>
                <P>
                    Consistent with the provisions of 10 U.S.C. 10301(c), the RFPB shall be composed of 20 members, appointed, or designated as follows: a. A civilian appointed by the SecDef from among persons determined by the Secretary to have the knowledge of, and experience in, policy matters relevant to national security and reserve component matters necessary to carry out the duties of the RFPB, who shall serve as Chair of the RFPB. b. Two active or retired reserve officers or enlisted members designated by the SecDef upon recommendation of the Secretary of the Army: One of whom shall be a member of the Army National Guard (ARNG) of the United States or a former member of the ARNG of the United States in the Retired Reserve; and one of whom shall be a member or retired member of the Army Reserve. c. Two active or retired reserve officers or enlisted members designated by the SecDef upon the recommendation of the Secretary of the Navy: One of whom shall be an active or retired officer of the Navy Reserve and one of whom shall be an active or retired officer of the Marine Corps Reserve. d. Two active or retired reserve officers or enlisted members designated by the SecDef upon the recommendation of the Secretary of the Air Force: One of whom shall be a member of the Air National Guard (ANG) of the United States or a former member of the ANG of the United States in the Retired Reserve; and one of whom shall be a member or retired member of the Air Force Reserve. e. One active or retired reserve officer or enlisted member of the U.S. Coast Guard designated by the Secretary of Homeland Security. f. Ten persons appointed or designated by the SecDef, each of whom shall be a U.S. citizen having significant knowledge of and experience in policy matters relevant to national security and reserve component matters and shall be one of the following: An individual not employed in any Federal or State department or agency. An individual employed by a Federal or State department or agency. An officer of a regular component of the armed forces on active duty, or an officer of a reserve component of the armed forces in an active status, who: is serving or has served in a senior position on the Joint Staff, the headquarters staff of a combatant command, or the headquarters staff of an armed force; and has experience in joint professional military education, joint qualification, and joint operations matters. g. A reserve officer of the Army, Navy, Air Force, or Marine Corps who is a general or flag officer recommended by the Chair and designated by the SecDef, who shall serve without vote, as: Military adviser to the Chair; Military executive officer of the RFPB; and Supervisor of the operations and staff of the RFPB. h. A senior enlisted member of a reserve component recommended by the Chair and designated by the SecDef, who shall serve without vote as enlisted military adviser to the Chair.
                    <PRTPAGE P="50581"/>
                </P>
                <P>The appointment of RFPB members will be approved by the DoD Appointing Authority for a term of service of one-to-four years, with annual renewals, in accordance with DoD policy and procedures. No member, unless approved by the DoD Appointing Authority, may serve more than two consecutive terms of service on the RFPB, to include its subcommittees, or serve on more than two DoD Federal advisory committees at one time.</P>
                <P>RFPB members who are not full-time or permanent part-time Federal civilian officers or employees, or active-duty members of the Uniformed Services, shall be appointed as experts or consultants pursuant to 5 U.S.C. 3109 to serve as special government employee members. RFPB members who are full-time or permanent part-time Federal civilian officers or employees, or active-duty members of the Uniformed Services, shall be designated pursuant to 41 CFR 102-3.130(a) to serve as regular government employee members.</P>
                <P>All members of the RFPB are appointed to exercise their own best judgment on behalf of the DoD, without representing any particular point of view, and to discuss and deliberate in a manner that is free from conflicts of interest. With the exception of reimbursement of official RFPB-related travel and per diem, RFPB members serve without compensation.</P>
                <P>The public or interested organizations may submit written statements to the RFPB about the RFPB's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the RFPB. All written statements shall be submitted to the DFO for the RFPB, and this individual will ensure that the written statements are provided to the membership for their consideration.</P>
                <SIG>
                    <DATED>Dated: June 10, 2024.</DATED>
                    <NAME>Aaron T. Siegel,</NAME>
                    <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13059 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6001-FR-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF DEFENSE</AGENCY>
                <SUBAGY>Office of the Secretary</SUBAGY>
                <DEPDOC>[Docket ID: DoD-2024-OS-0066]</DEPDOC>
                <SUBJECT>Privacy Act of 1974; System of Records</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of Defense (DoD).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of a new system of records.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>In accordance with the Privacy Act of 1974, the DoD is establishing a new Department-wide system of records titled, “Defense Debt Management Records,” DoD-0022. This system of records covers DoD's maintenance of records about individuals who have an outstanding debt owed to DoD, and the documentation relating to the debt collection activities.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This system of records is effective upon publication; however, comments on the Routine Uses will be accepted on or before July 15, 2024. The Routine Uses are effective at the close of the comment period.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments, identified by docket number and title, by any of the following methods:</P>
                    <P>
                        * 
                        <E T="03">Federal Rulemaking Portal:</E>
                          
                        <E T="03">https://www.regulations.gov.</E>
                         Follow the instructions for submitting comments.
                    </P>
                    <P>
                        * 
                        <E T="03">Mail:</E>
                         Department of Defense, Office of the Assistant to the Secretary of Defense for Privacy, Civil Liberties, and Transparency, Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite 08D09, Alexandria, VA 22350-1700.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions received must include the agency name and docket number for this 
                        <E T="04">Federal Register</E>
                         document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the internet at 
                        <E T="03">https://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>
                        Ms. Rahwa Keleta, Privacy and Civil Liberties Directorate, Office of the Assistant to the Secretary of Defense for Privacy, Civil Liberties, and Transparency, Department of Defense, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-1700; 
                        <E T="03">OSD.DPCLTD@mail.mil;</E>
                         (703) 571-0070.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>DoD is establishing the Defense Debt Management Records, DoD-0022 as a DoD-wide Privacy Act system of records. A DoD-wide system of records notice (SORN) supports DoD paper or electronic recordkeeping systems operated by more than one DoD component that maintain the same kind of information about individuals for the same purpose. Establishment of DoD-wide SORNs helps DoD standardize the rules governing the collection, maintenance, use, and sharing of personal information in key areas across the enterprise. DoD-wide SORNs also reduce duplicative and overlapping SORNs published by separate DoD components. The creation of DoD-wide SORNs is expected to make locating relevant SORNs easier for DoD personnel and the public and create efficiencies in the operation of the DoD privacy program.</P>
                <P>This system covers debt management records maintained by all components of DoD, wherever they are maintained. The system consists of both electronic and paper records and will be used by DoD components to maintain records about debts owed from DoD-affiliated individuals, including Military service members, civilian employees, dependents and family members, contractors, and other individuals. Debts may include but are not limited to: (1) overdue debts owed to DoD, and (2) overpayment of benefits to individuals. The collection and maintenance of this information will assist the DoD in meeting its obligations under law, regulation, and policy to ensure debt management is successfully accomplished.</P>
                <P>Additionally, pursuant to 5 U.S.C. 552a(b)(12), disclosures may be made from this system to consumer reporting agencies in accordance with 31 U.S.C. 3711(e).</P>
                <P>
                    DoD SORNs have been published in the 
                    <E T="04">Federal Register</E>
                     and are available from the address in 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                     or on the Privacy and Civil Liberties Directorate website at 
                    <E T="03">https://dpcld.defense.gov.</E>
                </P>
                <HD SOURCE="HD1">II. Privacy Act</HD>
                <P>Under the Privacy Act, a “system of records” is a group of records under the control of an agency from which information is retrieved by the name of an individual or by some identifying number, symbol, or other identifying particular assigned to the individual. In the Privacy Act, an individual is defined as a U.S. citizen or lawful permanent resident.</P>
                <P>In accordance with 5 U.S.C. 552a(r) and Office of Management and Budget (OMB) Circular No. A-108, the DoD has provided a report of this system of records to the OMB and to Congress.</P>
                <SIG>
                    <DATED>Dated: June 10, 2024.</DATED>
                    <NAME>Aaron T. Siegel,</NAME>
                    <TITLE>Alternate OSD Federal Register Liaison Officer, Department of Defense.</TITLE>
                </SIG>
                <PRIACT>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>Defense Debt Management Records, DoD-0022.</P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
                    <P>
                        Unclassified.
                        <PRTPAGE P="50582"/>
                    </P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>Department of Defense (Department or DoD), located at 1000 Defense Pentagon, Washington, DC 20301-1000, and other Department installations, offices, or mission locations. Information may also be stored within a government-certified cloud, implemented, and overseen by the Department's Chief Information Officer (CIO), 6000 Defense Pentagon, Washington, DC 20301-6000.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>The system managers for this system of records are as follows:</P>
                    <P>
                        A. Chief Financial Officer, Office of the Under Secretary of Defense (Comptroller), 4000 Defense Pentagon, Washington DC 20301-4000. 
                        <E T="03">whs.mc-alex.esd.mbx.osd-js-foia-requester-service-center@mail.mil.</E>
                    </P>
                    <P>B. Commander, Army and Air Force Exchange Service, 3911 S Walton Walker Boulevard, Dallas, TX 75236-1598.</P>
                    <P>C. Policy official Commander, Navy Exchange Service Command, 3280 Virginia Beach Boulevard, Virginia Beach, VA 23452-5724.</P>
                    <P>D. Director, Marine Corps Business and Support Services Division (MR) Headquarters, U.S. Marine Corps, 3044 Catlin Ave., Quantico, VA 22134-500.</P>
                    <P>E. Director, Defense Finance and Accounting Services, Debt and Claims Department, 8899 East 56th Street, Indianapolis, IN 46249-2700, telephone number (866) 912-6488.</P>
                    <P>
                        F. The Privacy Act responsibilities concerning access, amendment, and disclosure of the records have been delegated to the DoD components. DoD components include the Military Departments of the Army, Air Force (including the U.S. Space Force), and Navy (including thee U.S. Marine Corps), field commands, installations, and activities. To contact the system managers at the DoD component with oversight of the records, go visit 
                        <E T="03">www.FOIA.gov</E>
                         to locate the contact information for each component's Freedom of Information Act (FOIA) office.
                    </P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>5 U.S.C. 5514, Installment Deduction for Indebtedness to the United States; 10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 2783, Nonappropriated Fund Instrumentalities: Financial Management and Use of Nonappropriated funds; 10 U.S.C. Chapter 47—Uniform Code Of Military Justice; 31 U.S.C. 3716, Administrative Offset; 37 U.S.C. 1007, Deductions from pay; Federal Claims Collection Act of 1966 (Pub. L. 89-508, as amended); Debt Collection Act of 1982 (Pub. L. 97-365) as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134, Section 31001); DoD 7000.14-R, Department of Defense Financial Management Regulation, Volume 16: Department of Defense Debt Management; and Executive Order 9397 (SSN), as amended.</P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>A. To support the receipt, review, and evaluation of submissions made to DoD debt management activities, (debt owed to DoD) on behalf of individuals and the outcome of such submissions under 31 U.S.C. 3711, Collection and Compromise. Debts may include but are not limited to: (1) overdue debts owed to DoD, and (2) overpayment of benefits to individuals.</P>
                    <P>B. To support and track the establishment, collection, compromise, and appeal of debts individuals owe to DoD.</P>
                    <P>C. To track DoD debt management data for statistical analysis and reporting for business optimization and to support regulatory requirements for reporting debt.</P>
                    <P>
                        <E T="03">Note:</E>
                         Data from this system of records may be used to support investigation and law enforcement actions for legal and administrative actions. These records are covered under other system of records notices.
                    </P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>Individuals who owe debt to DoD, or whom debts to DoD have been paid or cancelled.</P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>Records in this system include information regarding submissions made to DoD debt management activities. Records include:</P>
                    <P>A. Personal information: Name; customer ID number, Social Security Number (SSN), and driver's license number; date of birth; contact information; and any other information necessary to identity the individual.</P>
                    <P>B. Employment information: Employer's name and contact information, branch of service, position/grade/rank/title, personal identifiers to include DoD ID number, employee ID number, and vendor ID number, military affiliation information to include status (active duty, active/inactive reserve, retired, civilian, and dependent); and branch of Service.</P>
                    <P>C. Records establishing and relating to the debt submission: Information includes supporting documents and correspondence that are relevant to the nature of the matter to determine debt liability, document subsequent actions taken and due process provided, and meet regulatory requirements.</P>
                    <P>D. Personal financial information: Bank name, bank account number, routing number, check number, credit and debit card numbers, debt financial statements and communication, bankruptcy filing and dispatch by the court; credit reports, and garnishment orders.</P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>Records and information stored in this system of records are obtained from: individual debtor, DoD component activity recordkeeping systems that contain information relating to the debt; the Internal Revenue Service; consumer reporting agencies; Department of Treasury, private collection services, and banks, credit unions, and other financial institutions that process payments.</P>
                    <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:</HD>
                    <P>In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, as amended, all or a portion of the records or information contained herein may specifically be disclosed outside the DoD as a Routine Use pursuant to 5 U.S.C. 552a(b)(3) as follows:</P>
                    <P>A. To contractors, grantees, experts, consultants, students, and others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the Federal government when necessary to accomplish an agency function related to this system of records.</P>
                    <P>B. To the appropriate Federal, State, local, territorial, tribal, foreign, or international law enforcement authority or other appropriate entity where a record, either alone or in conjunction with other information, indicates a violation or potential violation of law, whether criminal, civil, or regulatory in nature.</P>
                    <P>C. To any component of the Department of Justice for the purpose of representing the DoD, or its components, officers, employees, or members in pending or potential litigation to which the record is relevant and necessary.</P>
                    <P>
                        D. In an appropriate proceeding before a court, grand jury, or administrative or adjudicative body or official, when the DoD or other Agency representing the DoD determines that the records are relevant and necessary to the proceeding; or in an appropriate proceeding before an administrative or adjudicative body when the adjudicator determines the records to be relevant to the proceeding.
                        <PRTPAGE P="50583"/>
                    </P>
                    <P>E. To the National Archives and Records Administration for the purpose of records management inspections conducted under the authority of 44 U.S.C. 2904 and 2906.</P>
                    <P>F. To a Member of Congress or staff acting upon the Member's behalf when the Member or staff requests the information on behalf of, and at the request of, the individual who is the subject of the record.</P>
                    <P>G. To appropriate agencies, entities, and persons when (1) the DoD suspects or confirms a breach of the system of records; (2) the DoD determines as a result of the suspected or confirmed breach there is a risk of harm to individuals, the DoD (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the DoD's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</P>
                    <P>H. To another Federal agency or Federal entity, when the DoD determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.</P>
                    <P>I. To another Federal, State, or local agency for the purpose of comparing to the agency's system of records or to non-Federal records, in coordination with an Office of Inspector General in conducting an audit, investigation, inspection, evaluation, or other review as authorized by the Inspector General Act of 1978, as amended.</P>
                    <P>J. To such recipients and under such circumstances and procedures as are mandated by Federal statute or treaty.</P>
                    <P>K. To appropriate Federal, State, local, territorial, tribal, foreign, or international agencies for the purpose of counterintelligence activities authorized by U.S. law or Executive Order, or for the purpose of executing or enforcing laws designed to protect the national security or homeland security of the United States, including those relating to the sharing of records or information concerning terrorism, homeland security, or law enforcement.</P>
                    <P>L. To credit card processors, banks, and other financial institutions to process payments made by credit or debit cards, by check, or other payment methods.</P>
                    <P>M. To the Internal Revenue Service to obtain taxpayer mailing address information for a debtor. Taxpayer mailing address information obtained from the IRS may only be used to locate the individual to collect or compromise a debt owed to DoD.</P>
                    <P>N. To the U.S. Department of the Treasury for centralized administrative or salary offset, including the offset of federal income tax refunds, for the purpose of collecting debts owed to the DoD.</P>
                    <P>O. To contracted private collection agencies for the purpose of obtaining debt collection services, including administrative wage garnishment (AWG), to recover debts owed to the DoD. This routine use authorizes the disclosure of taxpayer address information to private collection agencies for the sole purpose of locating the individual to collect or compromise a debt owed to DoD.</P>
                    <P>P. To consumer reporting agencies, the disclosure of taxpayer mailing address information obtained from the Internal Revenue Service for the limited purpose of DoD obtaining a commercial credit report.</P>
                    <HD SOURCE="HD2">Authorized Disclosure to Consumer Reporting Agencies Pursuant to 5 U.S.C. 552a(b)(12):</HD>
                    <P>DoD may disclose information from this system of records concerning overdue debts to consumer reporting agencies as defined by 15 U.S.C. 1681a(f) or 31 U.S.C. 3701(a)(3). The following information may be disclosed to consumer reporting agencies from this system of records: the individual's name, address (disclosure of a taxpayer mailing address obtained from the IRS is not authorized), taxpayer identification number (SSN), and other information necessary to establish the identity of the individual; the amount, status, and history of the debt; and the agency or program under which the debt arose.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>Records may be stored electronically or on paper in secure facilities in a locked drawer behind a locked door. Electronic records may be stored locally on digital media; in agency-owned cloud environments; or in vendor Cloud Service Offerings certified under the Federal Risk and Authorization Management Program (FedRAMP).</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>Records may be retrieved by the individual's full name and DoD ID number, SSN, or date of birth.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>General Records Schedule 1.1 provides that debt collection case files are retained for 6 years after final payment or cancellation, but longer retention is authorized if required for business use.</P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>DoD safeguards records in this system of records according to applicable rules, policies, and procedures, including all applicable DoD automated systems security and access policies. DoD policies require the use of controls to minimize the risk of compromise of personally identifiable information (PII), which includes records covered by the Privacy Act, in paper and electronic form, and to limit access to those with a need to know and with appropriate clearances. Additionally, DoD has established security audit and accountability policies and procedures which support the safeguarding of PII and detection of potential PII incidents. DoD routinely employs safeguards, such as the following, to paper-based and electronic information systems, including those comprising Privacy Act systems of records: Multifactor log-in authentication including Common Access Card (CAC) authentication and password; physical token as required; physical and technological access controls governing access to data; network encryption to protect data transmitted over the network; disk encryption securing disks storing data; key management services to safeguard encryption keys; masking of sensitive data as practicable; mandatory information assurance and privacy training for individuals who will have access; identification, marking, and safeguarding of PII; physical access safeguards including multifactor identification physical access controls, detection and electronic alert systems for access to servers and other network infrastructure; and electronic intrusion detection systems in DoD facilities.</P>
                    <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
                    <P>
                        Individuals seeking access to their records should follow the procedures in 32 CFR part 310. Individuals should address written inquiries to the DoD office with oversight of the records, as the component has Privacy Act responsibilities concerning access, 
                        <PRTPAGE P="50584"/>
                        amendment, and disclosure of the records within this system of records. The public may identify the contact information for the appropriate DoD office through the following website: 
                        <E T="03">www.FOIA.gov.</E>
                         Signed written requests should contain the name and number of this system of records notice along with the individual's full name, current address, and email address. In addition, the requester must provide either a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the appropriate format:
                    </P>
                    <P>If executed outside the United States: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature).”</P>
                    <P>If executed within the United States, its territories, possessions, or commonwealths: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature).”</P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>The DoD rules for accessing records, contesting contents, and appealing initial agency determinations are contained in 32 CFR part 310.</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals seeking to determine whether information about themselves is contained in this system of records should follow the instructions for Record Access Procedures above.</P>
                    <HD SOURCE="HD2">EXEMPTIONS PROMULGATED FOR THE SYSTEM:</HD>
                    <P>None.</P>
                    <HD SOURCE="HD2">HISTORY:</HD>
                    <P>None.</P>
                </PRIACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13119 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6001-FR-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF EDUCATION</AGENCY>
                <SUBJECT>List of Approved “Ability-to-Benefit” (ATB) Tests and Passing Scores</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Postsecondary Education, Department of Education.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice updates the list of ATB tests approved by the Secretary.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Aaron Washington, U.S. Department of Education, 400 Maryland Avenue SW, Room 294-12, Washington, DC 20202. Telephone: (202) 987-0911. Email: 
                        <E T="03">Aaron.Washington@ed.gov.</E>
                    </P>
                    <P>If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7-1-1.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    In order for a student who does not have a high school diploma or its recognized equivalent to be eligible for title IV program assistance, the student must successfully complete one of the ATB alternatives (listed below) and be enrolled in an eligible career pathway program (ECPP) 
                    <SU>1</SU>
                    <FTREF/>
                     pursuant to section 484(d)(1) of the Higher Education Act of 1965, as amended (HEA).
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         A student that enrolled in an eligible program at an eligible title IV institution prior to July 1, 2012 does not have to enroll in an ECPP. While this will be a very rare occurrence, please see DCL GEN 12-09 for more guidance. 
                        <E T="03">https://fsapartners.ed.gov/knowledge-center/library/dear-colleague-letters/2012-06-28/gen-12-09-subjecttitle-iv-eligibility-students-without-valid-high-school-diploma.</E>
                    </P>
                </FTNT>
                <P>The ATB alternatives are—</P>
                <P>• Passing an independently administered ATB test approved by the Secretary;</P>
                <P>• Completing at least six credit hours, or the equivalent coursework (225 clock hours), that are applicable toward a degree or certificate offered by the postsecondary institution; or</P>
                <P>• Completing a State process approved by the Secretary.</P>
                <P>With respect to the ATB test alternative, there are specific requirements for students whose native language is not English, and who are not fluent in English. Those students must comply with one of the three following options:</P>
                <P>1. A student who is enrolled in a program that is taught in the student's native language must take an approved test developed in the student's native language pursuant to 34 CFR 668.153(a)(1). Currently there are no approved ATB tests in a language other than English. Therefore, these students must use one of the remaining two ATB alternatives to qualify for title IV aid;</P>
                <P>2. A student who is enrolled in a program that is taught in English must take an ATB test designed to measure the English language competence of a non-native speaker. Students who are enrolled in such a program that has an “English as a Second Language” (ESL) component and who are enrolled in the ESL component, must take an approved ATB test specifically for a student whose native language is not English and who is not fluent in English, pursuant to 34 CFR 668.153(a)(2). Similarly, students who are enrolled in an ESL only program must take an approved ATB test specifically for a student whose native language is not English and who is not fluent in English, pursuant to 34 CFR 668.153(a)(2);</P>
                <P>3. A student who is enrolled in a program that is taught in English without an ESL component, or does not enroll in the ESL component of the program, must take an ATB test in English that assesses secondary school verbal and quantitative skills, pursuant to 34 CFR 668.153(a)(3).</P>
                <P>
                    <E T="03">List of approved tests and passing scores:</E>
                     The Secretary lists below all approved ATB tests and their passing scores. The list is updated to reflect revisions to the list of approved ATB tests and passing scores that was published in the 
                    <E T="04">Federal Register</E>
                     on November 9, 2020 (85 FR 71326).
                </P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s50,r30,r75">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">ATB test</CHED>
                        <CHED H="1">Passing scores</CHED>
                        <CHED H="1">Test publisher contact information</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">* Combined English Language Skills Assessment (CELSA), Forms 1 and 2 Effective Date: November 1, 2002</ENT>
                        <ENT>CELSA Form 1 (97), CELSA Form 2 (97)</ENT>
                        <ENT>
                            Association of Classroom Teacher Testers (ACCT), 1187 Coast Village Road, Suite 1, #378, Montecito, CA 93108. Contact: Telephone: (805) 965-5704. Fax: (805) 965-5807. Email: 
                            <E T="03">actt@cappassociates.com</E>
                            .
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ACCUPLACER Computer-adaptive tests and COMPANION ACCUPLACER Forms J and K: Reading Test, Writing Test, and Arithmetic Test</ENT>
                        <ENT>Reading Test (233), Writing Test (235), Arithmetic Test (230)</ENT>
                        <ENT>
                            The College Board, 250 Vesey Street, New York, NY 10281. Contact: ACCUPLACER Program. Telephone: (800) 607-5223. Email: 
                            <E T="03">accuplacer@collegeboard.org</E>
                            .
                        </ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="50585"/>
                        <ENT I="01">** Texas Success Initiative (TSI) Assessment—Computer-adaptive tests and COMPANION TSI Forms T and V: Reading Placement Test, Writing Placement Test, Mathematics Placement Test</ENT>
                        <ENT>Reading Placement Test (336), Writing Placement Test (345), Mathematics Placement Test (326)</ENT>
                    </ROW>
                    <TNOTE>
                        <E T="02">* Note:</E>
                         As provided in 34 CFR 668.153(a)(2), the CELSA test is approved as the additional ATB English language proficiency test that must be taken by students whose native language is not English and who are not fluent in English if the academic program includes an ESL component.
                    </TNOTE>
                    <TNOTE>
                        <E T="02">** Note:</E>
                         TSI remains a provisionally approved test and can continue to be used to establish title IV aid eligibility. If the Department denies full approval, we will provide notice of the denial through publication in the 
                        <E T="02">Federal Register</E>
                        , pursuant to 34 CFR 668.150(c)(3).
                    </TNOTE>
                </GPOTABLE>
                <P>
                    <E T="03">List of ATB tests that are no longer approved:</E>
                     The following tests are no longer included on the approved list of tests that may be used for the purpose of determining a student's eligibility for title IV program assistance. Please note the effective dates for each test.
                </P>
                <P>
                    1. 
                    <E T="03">Test:</E>
                     The ACT Career Programs Assessment test (CPAt)—Forms B and C.
                </P>
                <P>
                    <E T="03">Effective Dates:</E>
                     November 1, 2002, through June 30, 2015.
                </P>
                <P>
                    <E T="03">Passing Scores:</E>
                     Language Usage (42), Reading (43), and Numerical (41).
                </P>
                <P>
                    <E T="03">Publisher:</E>
                     ACT, Inc., 500 ACT Drive, P.O. Box 168, Iowa City, IA 52243-0168.
                </P>
                <P>
                    <E T="03">Contact: https://global.act.org/content/global/en/global-programs/contact-us.html.</E>
                </P>
                <P>
                    2. 
                    <E T="03">Test:</E>
                     The ACT WorkKeys test—Reading for Information—Forms A01AA, A02AA, C01AA, &amp; D10AA; Applied Mathematic—Forms A01BB, A02BB, C01BB, &amp; D01BB.
                </P>
                <P>
                    <E T="03">Effective Dates:</E>
                     May 19, 2006, through June 30, 2015.
                </P>
                <P>
                    <E T="03">Passing Scores:</E>
                     Reading for Information Forms A01AA (76), A02AA (75), C01AA (77), &amp; D10AA (77); Applied Mathematics Forms A01BB (73), A02BB (74), C01BB (73), &amp; D01BB (73).
                </P>
                <P>
                    <E T="03">Publisher:</E>
                     ACT, Inc., 500 ACT Drive, P.O. Box 168, Iowa City, IA 52243-0168.
                </P>
                <P>
                    <E T="03">Contact: https://global.act.org/content/global/en/global-programs/contact-us.html.</E>
                </P>
                <P>
                    3. 
                    <E T="03">Test:</E>
                     The College Board DTLS and DTMS Forms M-K-3KDT and M-K-3LDT tests.
                </P>
                <P>
                    <E T="03">Effective Dates:</E>
                     November 1, 2002, through April 27, 2007.
                </P>
                <P>
                    <E T="03">Passing Scores:</E>
                     Reading Comprehension (108), Sentence Structure (9), Conventions of Written English (309), and Arithmetic (506).
                </P>
                <P>
                    <E T="03">Publisher:</E>
                     The College Board, 250 Vesey Street, New York, New York 10281.
                </P>
                <P>
                    <E T="03">Contact:</E>
                     ACCUPLACER Program; Telephone: (866) 630-9305. Email: 
                    <E T="03">https://form.collegeboard.org/f/send-message.</E>
                </P>
                <P>
                    4. 
                    <E T="03">Test:</E>
                     ASSET: Basic Skills Test (Reading, Writing, and Numerical)—Forms B2, C2, D2, and E2.
                </P>
                <P>
                    <E T="03">Effective Dates:</E>
                     November 1, 2002, through October 31, 2015.
                </P>
                <P>
                    <E T="03">Passing Scores:</E>
                     Reading (35), Writing (35), and Numerical (33).
                </P>
                <P>
                    <E T="03">Publisher:</E>
                     ACT, Inc., 500 ACT Drive, P.O. Box 168, Iowa City, IA 52243-0168.
                </P>
                <P>
                    <E T="03">Contact: https://global.act.org/content/global/en/global-programs/contact-us.html.</E>
                </P>
                <P>
                    5. 
                    <E T="03">Test:</E>
                     COMPASS Subtests—Prealgebra/Numerical Skills.
                </P>
                <P>
                    <E T="03">Passing Scores:</E>
                     Prealgebra/Numerical (25), Reading (62), and Writing (32).
                </P>
                <P>
                    <E T="03">Effective Dates:</E>
                     November 1, 2002, through October 31, 2015.
                </P>
                <P>
                    <E T="03">Publisher:</E>
                     ACT, Inc., 500 ACT Drive, P.O. Box 168, Iowa City, IA 52243-0168.
                </P>
                <P>
                    <E T="03">Contact: https://global.act.org/content/global/en/global-programs/contact-us.html.</E>
                </P>
                <P>
                    6. 
                    <E T="03">Test:</E>
                     COMPASS ESL.
                </P>
                <P>
                    <E T="03">Passing Scores:</E>
                     Grammar/Usage (64), Reading (70), and Listening (70).
                </P>
                <P>
                    <E T="03">Effective Dates:</E>
                     May 19, 2006, through October 31, 2015.
                </P>
                <P>
                    <E T="03">Publisher:</E>
                     ACT, Inc., 500 ACT Drive, P.O. Box 168, Iowa City, IA 52243-0168.
                </P>
                <P>
                    <E T="03">Contact: https://global.act.org/content/global/en/global-programs/contact-us.html.</E>
                </P>
                <P>
                    7. 
                    <E T="03">Test:</E>
                     Wonderlic Basic Skills Test (WBST) Verbal Forms VS-1 &amp; VS-2, Quantitative Forms QS-1 &amp; QS-2 Paper and pencil versions and online versions.
                </P>
                <P>
                    <E T="03">Effective Dates:</E>
                     July 1, 2015, through March 31, 2023.
                </P>
                <P>
                    <E T="03">Publisher:</E>
                     Wonderlic, Inc., 400 Lakeview Parkway, Suite 200, Vernon Hills, IL 60061.
                </P>
                <P>
                    <E T="03">Contact: https://wonderlic.com/contact-us/</E>
                </P>
                <P>
                    8. 
                    <E T="03">Test:</E>
                     Spanish Wonderlic Basic Skills Test (Spanish WBST) Verbal Forms VS-1 &amp; VS-2, Quantitative Forms QS-1 &amp; QS-2 Paper and pencil versions and online versions.
                </P>
                <P>
                    <E T="03">Effective Dates:</E>
                     July 1, 2015 through March 31, 2023.
                </P>
                <P>
                    <E T="03">Publisher:</E>
                     Wonderlic, Inc., 400 Lakeview Parkway, Suite 200, Vernon Hills, IL 60061.
                </P>
                <P>
                    <E T="03">Contact: https://wonderlic.com/contact-us/.</E>
                </P>
                <P>
                    <E T="03">Accessible Format:</E>
                     Individuals with disabilities can obtain this document in an accessible format (
                    <E T="03">e.g.,</E>
                     braille, large print, audiotape, or compact disc) on request to the program contact person listed under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                    .
                </P>
                <P>
                    <E T="03">Electronic Access to This Document:</E>
                     The official version of this document is the document published in the 
                    <E T="04">Federal Register</E>
                    . You may access the official edition of the 
                    <E T="04">Federal Register</E>
                     and the Code of Federal Regulations at 
                    <E T="03">www.govinfo.gov.</E>
                     At this site you can view this document, as well as all other documents of this Department published in the 
                    <E T="04">Federal Register</E>
                    , in text or Portable Document Format (PDF). To use PDF, you must have Adobe Acrobat Reader, which is available free at the site.
                </P>
                <P>
                    You may also access documents of the Department published in the 
                    <E T="04">Federal Register</E>
                     by using the article search feature at 
                    <E T="03">www.federalregister.gov.</E>
                     Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.
                </P>
                <P>
                    <E T="03">Program Authority:</E>
                     20 U.S.C. 1091(d).
                </P>
                <SIG>
                    <NAME>Nasser H. Paydar, </NAME>
                    <TITLE>Assistant Secretary, Office of Postsecondary Education.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13175 Filed 6-13-24; 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-2024-SCC-0056]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Assurance of Compliance—Civil Rights Certificate</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Civil Rights (OCR), 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 (PRA) of 1995, the Department is proposing an extension without change of a currently approved information collection request (ICR).</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Interested persons are invited to submit comments on or before July 15, 2024.</P>
                </DATES>
                <ADD>
                    <PRTPAGE P="50586"/>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for proposed information collection requests should be submitted within 30 days of publication of this notice. Click on this link 
                        <E T="03">www.reginfo.gov/public/do/PRAMain</E>
                         to access the site. Find this information collection request (ICR) by selecting “Department of Education” under “Currently Under Review,” then check the “Only Show ICR for Public Comment” checkbox. 
                        <E T="03">Reginfo.gov</E>
                         provides two links to view documents related to this information collection request. Information collection forms and instructions may be found by clicking on the “View Information Collection (IC) List” link. Supporting statements and other supporting documentation may be found by clicking on the “View Supporting Statement and Other Documents” link.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>For specific questions related to collection activities, please contact Elizabeth Wiegman, 202-987-1347.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Department 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>
                     Assurance of Compliance—Civil Rights Certificate.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     1870-0503.
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     An extension without change of a currently approved ICR.
                </P>
                <P>
                    <E T="03">Respondents/Affected Public:</E>
                     State, Local, and Tribal Governments; Private Sector.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Responses:</E>
                     25.
                </P>
                <P>
                    <E T="03">Total Estimated Number of Annual Burden Hours:</E>
                     8.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     The Office for Civil Rights (OCR) has enforcement responsibilities under several civil rights laws, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and the Boy Scouts of America Equal Access Act. To meet these responsibilities, OCR collects assurances of compliance from applicants for Federal financial assistance from, and applicants for funds made available through, the Department of Education, as required by regulations. These entities include, for example, State educational agencies, local education agencies, and postsecondary educational institutions. If a recipient violates one or more of these civil rights laws, OCR and the Department of Justice can use the signed assurances of compliance in an enforcement proceeding.
                </P>
                <SIG>
                    <DATED>Dated: June 11, 2024.</DATED>
                    <NAME>Stephanie Valentine,</NAME>
                    <TITLE>PRA Coordinator, Strategic Collections and Clearance, Governance and Strategy Division, Office of Chief Data Officer, Office of Planning, Evaluation and Policy Development.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13165 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4000-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">ENVIRONMENTAL PROTECTION AGENCY </AGENCY>
                <DEPDOC>[FRL-OP-OFA-130]</DEPDOC>
                <SUBJECT>Environmental Impact Statements; Notice of Availability</SUBJECT>
                <P>
                    <E T="03">Responsible Agency:</E>
                     Office of Federal Activities, General Information 202-564-5632 or 
                    <E T="03">https://www.epa.gov/nepa</E>
                    .
                </P>
                <FP SOURCE="FP-1">Weekly receipt of Environmental Impact Statements (EIS)</FP>
                <FP SOURCE="FP-1">Filed June 3, 2024 10 a.m. EST Through June 10, 2024 10 a.m. EST</FP>
                <FP SOURCE="FP-1">Pursuant to 40 CFR 1506.9.</FP>
                <P>
                    <E T="03">Notice:</E>
                     Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at: 
                    <E T="03">https://cdxapps.epa.gov/cdx-enepa-II/public/action/eis/search.</E>
                </P>
                <FP SOURCE="FP-2">
                    EIS No. 20240101, Draft, USAF, GU, F-15 Beddown and Infrastructure Upgrades at Andersen Air Force Base, Guam, 
                    <E T="03">Comment Period Ends:</E>
                     07/29/2024, 
                    <E T="03">Contact:</E>
                     David Martin 210-925-4266.
                </FP>
                <FP SOURCE="FP-2">
                    EIS No. 20240102, Draft, USGS, WI, Proposed Development of an Updated Facility for USGS National Wildlife Health Center Madison, Wisconsin, 
                    <E T="03">Comment Period Ends:</E>
                     07/29/2024, 
                    <E T="03">Contact:</E>
                     Jordan Sizemore 603-730-7743.
                </FP>
                <FP SOURCE="FP-2">
                    EIS No. 20240103, Final, BLM, NV, Greenlink West Transmission Project, 
                    <E T="03">Review Period Ends:</E>
                     07/15/2024, 
                    <E T="03">Contact:</E>
                     Brian Buttazoni 775-861-6491.
                </FP>
                <FP SOURCE="FP-2">
                    EIS No. 20240104, Final, USFS, CO, Grand Mesa, Uncompahgre and Gunnison National Forests Plan Revision, 
                    <E T="03">Review Period Ends:</E>
                     07/15/2024, 
                    <E T="03">Contact:</E>
                     Samantha Staley 970-852-9812.
                </FP>
                <FP SOURCE="FP-2">
                    EIS No. 20240105, Final, NHTSA, REG, Corporate Average Fuel Economy Standards for Passenger Cars and Light Trucks, Model Years 2027 and Beyond, and Fuel Efficiency Standards for Heavy-Duty Pickup Trucks and Vans, Model Years 2030 and Beyond, 
                    <E T="03">Contact:</E>
                     Claire Hepper McManus 771-216-6844.
                </FP>
                <P>Under 23 U.S.C. 139(n)(2), the National Highway Traffic Safety Administration has issued a combined final environmental impact statement and record of decision. Therefore, the 30-day wait/review period under NEPA does not apply to this action.</P>
                <P>
                    <E T="03">Amended Notice:</E>
                </P>
                <FP SOURCE="FP-2">
                    EIS No. 20240072, Draft, NRC, MN, Site-Specific Environmental Impact Statement for License Renewal of Nuclear Plants Supplement 26, Second Renewal Regarding Subsequent License Renewal for Monticello Nuclear Generating Plant, Unit 1, 
                    <E T="03">Comment Period Ends:</E>
                     06/25/2024, 
                    <E T="03">Contact:</E>
                     Jessica Umana 301-415-5207.
                </FP>
                <P>Revision to FR Notice Published 05/03/2024; Extending the Comment Period from 06/10/2024 to 06/25/2024. </P>
                <SIG>
                    <DATED>Dated: June 10, 2024. </DATED>
                    <NAME>Nancy Abrams, </NAME>
                    <TITLE>Associate Director, Office of Federal Activities.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13133 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                <DEPDOC>[FRL-12033-01-OA]</DEPDOC>
                <SUBJECT>Public Meetings of the Science Advisory Board Inorganic Arsenic Review Panel</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Environmental Protection Agency (EPA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Environmental Protection Agency (EPA) Science Advisory Board (SAB) Staff Office announces three public meetings of the Science Advisory Board Inorganic Arsenic Review Panel. The purpose of the meetings is to review and discuss the panel's draft report of the EPA's draft IRIS Toxicological Review of Inorganic Arsenic.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        <E T="03">Public meetings:</E>
                         The Science Advisory Board Inorganic Arsenic Review Panel will meet on the following dates. All times listed are in eastern time.
                    </P>
                </DATES>
                <FP SOURCE="FP-1">
                    July 8, 2024, from 1 p.m. to 5:30 p.m.
                    <PRTPAGE P="50587"/>
                </FP>
                <FP SOURCE="FP-1">July 16, 2024, from 1 p.m. to 5 p.m.</FP>
                <FP SOURCE="FP-1">July 22, 2024, from 1 p.m. to 5 p.m. (if needed)</FP>
                <P>
                    <E T="03">Comments:</E>
                     See the section titled “Procedures for providing public input” under 
                    <E T="02">SUPPLEMENTARY INFORMATION</E>
                     for instructions and deadlines.
                </P>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The meetings on July 8, 2024, July 16, 2024, and July 22, 2024 will be conducted virtually. Please refer to the SAB website at 
                        <E T="03">https://sab.epa.gov</E>
                         for information on how to attend the meetings.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Any member of the public who wants further information concerning this notice may contact Dr. Diana Wong, Designated Federal Officer (DFO), via telephone at (202) 564-2049, or email at 
                        <E T="03">wong.diana-m@epa.gov.</E>
                         General information about the SAB, as well as any updates concerning the meetings announced in this document, can be found on the SAB website at 
                        <E T="03">https://sab.epa.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P/>
                <P>
                    <E T="03">Background:</E>
                     The SAB was established pursuant to the Environmental Research, Development, and Demonstration Authorization Act (ERDDAA), codified at 42 U.S.C. 4365, to provide independent scientific and technical advice to the EPA Administrator on the scientific and technical basis for agency positions and regulations. The SAB is a Federal Advisory Committee chartered under the Federal Advisory Committee Act (FACA), 5 U.S.C. 10. The SAB will comply with the provisions of FACA and all appropriate SAB Staff Office procedural policies. Pursuant to FACA and EPA policy, notice is hereby given that the Science Advisory Board Inorganic Arsenic Review Panel will hold three public meetings to discuss the panel's draft report regarding the EPA's draft IRIS Toxicological Review of Inorganic Arsenic.
                </P>
                <P>
                    <E T="03">Availability of meeting materials:</E>
                     All meeting materials, including the agenda, will be available on the SAB web page at 
                    <E T="03">https://sab.epa.gov.</E>
                </P>
                <P>
                    <E T="03">Procedures for providing public input:</E>
                     Public comment for consideration by EPA's federal advisory committees and panels has a different purpose from public comment provided to EPA program offices. Therefore, the process for submitting comments to a federal advisory committee is different from the process used to submit comments to an EPA program office. Federal advisory committees and panels, including scientific advisory committees, provide independent advice to the EPA. Members of the public can submit relevant comments pertaining to the committee's charge or meeting materials. Input from the public to the SAB will have the most impact if it provides specific scientific or technical information or analysis for the SAB to consider or if it relates to the clarity or accuracy of the technical information. Members of the public wishing to provide comments should follow the instruction below to submit comments.
                </P>
                <P>
                    <E T="03">Oral statements:</E>
                     In general, individuals or groups requesting an oral presentation at a meeting conducted virtually will be limited to three minutes. Each person making an oral statement should consider providing written comments as well as their oral statement so that the points presented orally can be expanded upon in writing. Persons interested in providing oral statements should contact the DFO, in writing (preferably via email) at the contact information noted under 
                    <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                    , by July 1, 2024, to be placed on the list of registered speakers for the July 8, 2024 meeting.
                </P>
                <P>
                    <E T="03">Written statements:</E>
                     Written statements will be accepted throughout the advisory process; however, for timely consideration by SAB members, statements should be submitted to the DFO by July 1, 2024, for consideration at the July 8, 2024 meeting. Written statements should be supplied to the DFO at the contact information above via email. Submitters are requested to provide an unsigned version of each document because the SAB Staff Office does not publish documents with signatures on its websites. Members of the public should be aware that their personal contact information if included in any written comments, may be posted to the SAB website. Copyrighted material will not be posted without the explicit permission of the copyright holder.
                </P>
                <P>
                    <E T="03">Accessibility:</E>
                     For information on access or services for individuals with disabilities, please contact the DFO, at the contact information noted above, preferably at least ten days before the meetings, to give the EPA as much time as possible to process your request.
                </P>
                <P>
                    <E T="03">Meeting Cancellation:</E>
                     The July 22, 2024 meeting is tentative and may be canceled if the panel is able to complete its deliberations on July 16, 2024. If the July 22, 2024 meeting is canceled, notice will be posted on the SAB website.
                </P>
                <SIG>
                    <NAME>V Khanna Johnston,</NAME>
                    <TITLE>Deputy Director, Science Advisory Board Staff Office.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13138 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6560-50-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">FEDERAL ELECTION COMMISSION</AGENCY>
                <SUBJECT>Sunshine Act Meetings</SUBJECT>
                <PREAMHD>
                    <HD SOURCE="HED">TIME AND DATE: </HD>
                    <P>Tuesday, June 25, 2024 at 10 a.m. and its continuation at the conclusion of the open meeting on June 27, 2024.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PLACE: </HD>
                    <P>1050 First Street NE, Washington, DC and virtual (this meeting will be a hybrid meeting.)</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">STATUS: </HD>
                    <P>This meeting will be closed to the public.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">MATTERS TO BE CONSIDERED: </HD>
                    <P>Compliance matters pursuant to 52 U.S.C. 30109.</P>
                    <P>Matters concerning participation in civil actions or proceedings or arbitration.</P>
                </PREAMHD>
                <STARS/>
                <PREAMHD>
                    <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION: </HD>
                    <P>Judith Ingram, Press Officer, Telephone: (202) 694-1220.</P>
                </PREAMHD>
                <EXTRACT>
                    <FP>(Authority: Government in the Sunshine Act, 5 U.S.C. 552b)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>Vicktoria J. Allen,</NAME>
                    <TITLE>Deputy Secretary of the Commission.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13263 Filed 6-12-24; 4:15 pm]</FRDOC>
            <BILCOD>BILLING CODE 6715-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">GENERAL SERVICES ADMINISTRATION</AGENCY>
                <DEPDOC>[Notice-Q-2024-04; Docket No. 2024-0002; Sequence No. 25]</DEPDOC>
                <SUBJECT>Federal Secure Cloud Advisory Committee Notification of Upcoming Meeting</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Acquisition Service (Q), General Services Administration (GSA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Meeting notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        As stipulated by the Federal Advisory Committee Act (FACA), as amended, GSA is hereby giving notice of an open public meeting of the Federal Secure Cloud Advisory Committee (FSCAC). Information on attending and providing public comment is under the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        The open public meeting will be held virtually on Tuesday, July 16, 2024, from 8 a.m. to 12 p.m., eastern standard time (EST). The agenda for the meeting will be made available prior to the meeting online at 
                        <E T="03">https://gsa.gov/fscac.</E>
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>The meetings will be accessible via webcast. Registrants will receive the webcast information before the meeting.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Michelle White, Designated Federal Officer (DFO), FSCAC, GSA, 703-489-
                        <PRTPAGE P="50588"/>
                        4160, 
                        <E T="03">fscac@gsa.gov.</E>
                         Additional information about the Committee, including meeting materials and agendas, will be available online at 
                        <E T="03">https://gsa.gov/fscac.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Background</HD>
                <P>GSA, in compliance with the FedRAMP Authorization Act of 2022 (the Act), established the FSCAC, a statutory advisory committee in accordance with the provisions of FACA, as amended (5 U.S.C. 10). The Federal Risk and Authorization Management Program (FedRAMP) within GSA is responsible for providing a standardized, reusable approach to security assessment and authorization for cloud computing products and services that process unclassified information used by agencies.</P>
                <P>The FSCAC will provide advice and recommendations to the Administrator of GSA, the FedRAMP Board, and agencies on technical, financial, programmatic, and operational matters regarding the secure adoption of cloud computing products and services. The FSCAC will ensure effective and ongoing coordination of agency adoption, use, authorization, monitoring, acquisition, and security of cloud computing products and services to enable agency mission and administrative priorities. The purposes of the Committee are:</P>
                <P>• To examine the operations of FedRAMP and determine ways that authorization processes can continuously be improved, including the following:</P>
                <P>○ Measures to increase agency reuse of FedRAMP authorizations.</P>
                <P>○ Proposed actions that can be adopted to reduce the burden, confusion, and cost associated with FedRAMP authorizations for cloud service providers.</P>
                <P>○ Measures to increase the number of FedRAMP authorizations for cloud computing products and services offered by small businesses concerns (as defined by section 3(a) of the Small Business Act (15 U.S.C. 632(a)).</P>
                <P>○ Proposed actions that can be adopted to reduce the burden and cost of FedRAMP authorizations for agencies.</P>
                <P>• Collect information and feedback on agency compliance with, and implementation of, FedRAMP requirements.</P>
                <P>• Serve as a forum that facilitates communication and collaboration among the FedRAMP stakeholder community.</P>
                <P>The FSCAC will meet no fewer than three (3) times a calendar year. Meetings shall occur as frequently as needed, called, and approved by the DFO.</P>
                <HD SOURCE="HD1">Purpose of the Meeting and Agenda</HD>
                <P>
                    The July 16, 2024 public meeting will be dedicated to providing the Committee with additional information pertinent to their new initiatives. Presentations may be held on updates to the Office of Management and Budget's (OMB) draft Memorandum titled “Modernizing the Federal Risk Authorization Management Program (FedRAMP)” (OMB Draft Memo), and a program update by FedRAMP. Deliberations will be held in order to develop an approach and plan for the Committee to deliver their next recommendations to the GSA Administrator. The meeting agenda will be posted on 
                    <E T="03">https://gsa.gov/fscac</E>
                     prior to the meeting.
                </P>
                <HD SOURCE="HD1">Meeting Attendance</HD>
                <P>
                    This virtual meeting is open to the public. Meeting registration and information is available at 
                    <E T="03">https://gsa.gov/fscac.</E>
                     Registration for attending the virtual meeting is highly encouraged by 5:00 p.m. EST, on Thursday, July 11, 2024. After registration, individuals will receive instructions on how to attend the meeting via email.
                </P>
                <P>
                    For information on services for individuals with disabilities, or to request accommodation for a disability, please email the FSCAC staff at 
                    <E T="03">FSCAC@gsa.gov</E>
                     at least 10 days prior to the meeting date. Live captioning may be provided virtually.
                </P>
                <HD SOURCE="HD1">Public Comment</HD>
                <P>
                    Members of the public attending virtually will have the opportunity to provide oral public comment during the FSCAC meeting by indicating their preference when registering. Written public comments can be submitted at any time by completing the public comment form on our website, 
                    <E T="03">https://gsa.gov/fscac.</E>
                     All written public comments will be provided to FSCAC members in advance of the meeting if received by Monday, July 8, 2024.
                </P>
                <SIG>
                    <NAME>Margaret Dugan,</NAME>
                    <TITLE>Service-Level Liaison, Federal Acquisition Service, General Services Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13136 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 6820-34-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>Centers for Medicare &amp; Medicaid Services</SUBAGY>
                <DEPDOC>[Document Identifiers: CMS-370 and CMS-377]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comment Request</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Medicare &amp; Medicaid Services, Health and Human 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 (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 August 13, 2024.</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.
                        <PRTPAGE P="50589"/>
                    </P>
                    <P>
                        To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, please access the CMS PRA website by copying and pasting the following web address into your web browser: 
                        <E T="03">https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.</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>
                <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>
                    ).
                </P>
                <HD SOURCE="HD2">CMS-370 and CMS-377 ASC Forms for Medicare Program Certification</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">Titles of Information Collection:</E>
                     ASC Forms for Medicare Program Certification; 
                    <E T="03">Use:</E>
                     The form CMS-370 titled “Health Insurance Benefits Agreement” is used for the purpose of establishing an ASC's eligibility for payment under title XVIII of the Social Security Act (the “Act”). This agreement, upon acceptance by the Secretary of Health &amp; Human Services, shall be binding on the ASC and the Secretary. The agreement may be terminated by either party in accordance with regulations. In the event of termination of this agreement, payment will not be available for the ASC's services furnished to Medicare beneficiaries on or after the effective date of termination.
                </P>
                <P>
                    The CMS-377 form is used by ASCs to initiate both the initial and renewal survey by the State Survey Agency, which provides the certification required for an ASC to participate in the Medicare program. An ASC must complete the CMS-377 form and send it to the appropriate State Survey Agency prior to their scheduled accreditation renewal date. The CMS-377 form provides the State Survey Agency with information about the ASC facility's characteristics, such as, determining the size and the composition of the survey team on the basis of the number of ORs/procedure rooms and the types of surgical procedures performed in the ASC. 
                    <E T="03">Form Numbers:</E>
                     CMS-370 and CMS-377 (OMB control number: 0938-0266); 
                    <E T="03">Frequency:</E>
                     Occasionally; 
                    <E T="03">Affected Public:</E>
                     Private Sector—Business or other for-profit and Not-for-profit institutions; 
                    <E T="03">Number of Respondents:</E>
                     1,711; 
                    <E T="03">Total Annual Responses:</E>
                     1,711; 
                    <E T="03">Total Annual Hours:</E>
                     1,559. (For policy questions regarding this collection contact Caroline Gallaher at 410-786-8705.)
                </P>
                <SIG>
                    <NAME>William N. Parham, III,</NAME>
                    <TITLE>Director, Division of Information Collections and Regulatory Impacts, Office of Strategic Operations and Regulatory Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13129 Filed 6-13-24; 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>Centers for Medicare &amp; Medicaid Services</SUBAGY>
                <DEPDOC>[Document Identifiers: CMS-10545 and CMS-10842]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Submission for OMB Review; Comment Request</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Medicare &amp; Medicaid Services, Health and Human 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 (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 a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on the collection(s) of information must be received by the OMB desk officer by July 15, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to 
                        <E T="03">www.reginfo.gov/public/do/PRAMain.</E>
                         Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
                    </P>
                    <P>
                        To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, please access the CMS PRA website by copying and pasting the following web address into your web browser: 
                        <E T="03">https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>William Parham at (410) 786-4669.</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. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to publish a 30-day notice in the 
                    <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 that summarizes the following proposed collection(s) of information for public comment:
                </P>
                <P>
                    1. 
                    <E T="03">Type of Information Collection Request:</E>
                     Revision of a currently 
                    <PRTPAGE P="50590"/>
                    approved collection; 
                    <E T="03">Title of Information Collection:</E>
                     Outcome and Assessment Information Set OASIS-E1; 
                    <E T="03">Use:</E>
                     This request is to modify the Outcome and Assessment Information Set (OASIS) that home health agencies (HHAs) are required to collect to participate in the Medicare program. The current OASIS version, OASIS-E, OMB control number 0938-1279, was approved by the OMB on November 30, 2022, and implemented on January 1, 2023. We are seeking OMB approval for the proposed revised OASIS data set, referred to hereafter as OASIS-E1, scheduled for implementation in the HH QRP on January 1, 2025. The OASIS-E1 includes changes related to addition of one item supporting an assessment-based quality measure (QM), removal of one item due to retirement of a QM, and removal of two data elements no longer used in the HH QRP or for other purposes in CMS programs. 
                    <E T="03">Form Number:</E>
                     CMS-10545 (OMB control number: 0938-1279); 
                    <E T="03">Frequency:</E>
                     Occasionally; 
                    <E T="03">Affected Public:</E>
                     Private Sector (Business or other for-profit and Not-for-profit institutions); 
                    <E T="03">Number of Respondents:</E>
                     11,866; 
                    <E T="03">Total Annual Responses:</E>
                     18,017,056; 
                    <E T="03">Total Annual Hours:</E>
                     16,683,290. (For policy questions regarding this collection contact Jermama Keys at 410-786-7778).
                </P>
                <P>
                    2.
                    <E T="03"> Type of Information Collection Request:</E>
                     New collection (Request for a new OMB control number); 
                    <E T="03">Title of Information Collection:</E>
                     End Stage Renal Disease (ESRD) Annual Home Dialysis within Nursing Home Survey Form; 
                    <E T="03">Use:</E>
                     The End Stage Renal Disease (ESRD) Network program is responsible to collect, validate, and analyze data as well as to evaluate the process by which facilities determine the appropriateness of patients for a treatment modality. Additional responsibilities of the ESRD Network program include encouraging participation in the placement of patients in a self-care setting, such as home hemodialysis or peritoneal dialysis, as described in sec. 1881. [42 U.S.C. 1395rr] (c)(1)(A)(i)(2) of the Social Security Act. On September 21, 2018, CMS clarified guidance that residents in a nursing home facility can receive dialysis either administered and/or supervised by personnel who meet the criteria for training, and competency verification at 42 CFR 494.100(a) and (b) for providing dialysis. The provision of dialysis within a nursing home requires that the dialysis facility have an agreement with the nursing home. This guidance was reinforced and updated on March 22, 2023, in a memo to the State Survey Agency Directors titled, “Guidance and Survey Process for Reviewing Home Dialysis Services in a Nursing Home REVISED”. Since the provision of dialysis within nursing homes is relatively new, CMS designed the CMS-10842 form to capture home modality information from dialysis facilities that provide dialysis within the nursing home in alignment with the Centers for Disease Control and Prevention (CDC).
                </P>
                <P>
                    The care provided to residents of a nursing home is of particular interest because of the fragile health state of the patient and the susceptibility to infection. Each facility certification/survey record represents one provider. CMS-10842 collects information on dialysis facilities providing home dialysis services within the nursing home related to the number of patients, setting of dialysis services provided, who is providing dialysis services, who is providing dressing changes to dialysis access, staff education and use of CDC Core Interventions used. The aggregate patient information is collected from each Medicare-approved home dialysis provider to identify the specialized needs of the ESRD community where home dialysis is provided in Long Term Care facilities. 
                    <E T="03">Form Number:</E>
                     CMS-10842 (OMB control number: 0938-NEW); 
                    <E T="03">Frequency:</E>
                     Yearly; 
                    <E T="03">Affected Public:</E>
                     Private Sector (Business or other for-profit and Not-for-profit institutions); 
                    <E T="03">Number of Respondents:</E>
                     7,726; 
                    <E T="03">Total Annual Responses:</E>
                     7,726; 
                    <E T="03">Total Annual Hours:</E>
                     5,795. (For policy questions regarding this collection contact Christina Goatee at 410-786-6689).
                </P>
                <SIG>
                    <NAME>William N. Parham, III,</NAME>
                    <TITLE>Director, Division of Information Collections and Regulatory Impacts, Office of Strategic Operations and Regulatory Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13130 Filed 6-13-24; 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>Centers for Medicare &amp; Medicaid Services</SUBAGY>
                <DEPDOC>[Document Identifiers: CMS-10650]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Proposed Collection; Comment Request</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Medicare &amp; Medicaid Services, Health and Human 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 (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 August 13, 2024.</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, please access the CMS PRA website by copying and pasting the following web address into your web browser: 
                        <E T="03">https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing</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>
                <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 
                    <PRTPAGE P="50591"/>
                    and associated materials (see 
                    <E T="02">ADDRESSES</E>
                    ).
                </P>
                <FP SOURCE="FP-1">CMS-10650—State Permissions for Enrollment in Qualified Health Plans in the Federally-Facilitated Exchange &amp; Non-Exchange Entities;</FP>
                <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 without change of a previously approved collection; 
                    <E T="03">Title of Information Collection:</E>
                     State Permissions for Enrollment in Qualified Health Plans in the Federally-Facilitated Exchange &amp; Non-Exchange Entities; 
                    <E T="03">Use:</E>
                     On March 23, 2010, the Patient Protection and Affordable Care Act (PPACA; Pub. L. 111-148) was signed into law and on March 30, 2010, the Health Care and Education Reconciliation Act of 2010 (Pub. L. 111-152) was signed into law. The two laws implement various health insurance policies. This Information Collection Request (ICR) serves as the renewal of the data collection clearance related to the ability of states to permit agents and brokers, as well as web-brokers, to assist qualified individuals, qualified employers, or qualified employees enrolling in Qualified Health Plans in the Federally Facilitated Exchange (45 CFR 155.220) and data collection requirements related to non-exchange entities. (45 CFR 155.260). 
                    <E T="03">Form Number:</E>
                     CMS-10650 (OMB control number: 0938-1327); 
                    <E T="03">Frequency:</E>
                     Annually; 
                    <E T="03">Affected Public:</E>
                     Private Sector, State, Business, and Not-for Profits; 
                    <E T="03">Number of Respondents:</E>
                     93,684; 
                    <E T="03">Number of Responses:</E>
                     93,684; 
                    <E T="03">Total Annual Hours:</E>
                     473,440. (For questions regarding this collection, contact Michele Oshman at (410-786-4396)).
                </P>
                <SIG>
                    <NAME>William N. Parham, III,</NAME>
                    <TITLE>Director, Division of Information Collections and Regulatory Impacts, Office of Strategic Operations and Regulatory Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13123 Filed 6-13-24; 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>Centers for Medicare &amp; Medicaid Services</SUBAGY>
                <DEPDOC>[Document Identifiers: CMS-10400 and CMS-10332]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities: Submission for OMB Review; Comment Request</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Centers for Medicare &amp; Medicaid Services, Health and Human 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 (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 a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected, and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments on the collection(s) of information must be received by the OMB desk officer by July 15, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to 
                        <E T="03">www.reginfo.gov/public/do/PRAMain</E>
                        . Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
                    </P>
                    <P>
                        To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, please access the CMS PRA website by copying and pasting the following web address into your web browser: 
                        <E T="03">https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing</E>
                        .
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>William Parham at (410) 786-4669.</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. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the 
                    <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 that summarizes the following proposed collection(s) of information for public comment:
                </P>
                <P>
                    1. 
                    <E T="03">Type of Information Collection Request:</E>
                     Revision of a currently approved collection; 
                    <E T="03">Title of Information Collection:</E>
                     Establishment of Qualified Health Plans and American Health Benefit Exchanges; 
                    <E T="03">Use:</E>
                     On March 23, 2010, the Patient Protection and Affordable Care Act (PPACA; 
                    <E T="03">Pub. L. 111-148</E>
                    ) was signed into law, and on March 30, 2010, the Health Care and Education Reconciliation Act of 2010 (
                    <E T="03">Pub. L. 111-152</E>
                    ) was signed into law. The two laws implement various health insurance policies. Section 1303 of the PPACA, as implemented in 
                    <E T="03">45 CFR 156.280,</E>
                     specifies standards for issuers of qualified health plans (QHPs) through the Exchanges that cover abortion services for which public funding is prohibited (also referred to as non-Hyde abortion services or non-excepted abortion services). In the Patient Protection and Affordable Care Act; Establishment of Exchanges and Qualified Health Plans; Exchange Standards for Employers (2012 Exchange Establishment Rule) (
                    <E T="03">77 FR 18310</E>
                    ), we codified the statutory provisions of section 1303 of the PPACA in regulation at 
                    <E T="03">45 CFR 156.280.</E>
                     Under 
                    <PRTPAGE P="50592"/>
                    <E T="03">45 CFR 156.280(e)(5)(ii),</E>
                     each QHP issuer that offers coverage of abortion services for which public funding is prohibited must submit to the State Insurance Commissioner a segregation plan describing how the QHP issuer establishes and maintains separate allocation accounts for any QHP covering abortion services for which public funding is prohibited, and pursuant to § 156.280(e)(5)(iii), each QHP issuer must annually attest to compliance with PPACA section 1303 and applicable regulations. This segregation plan is used to verify that the QHP issuer's financial and other systems fully conform to the segregation requirements required by the PPACA.
                </P>
                <P>
                    The Centers for Medicare and Medicaid Services (CMS) is renewing this information collection request (ICR) in connection with the segregation plan requirement under 
                    <E T="03">45 CFR 156.280(e)(5)(ii).</E>
                     The burden estimates for this collection of information renewal reflect the time and effort for QHP issuers to submit a segregation plan that demonstrates how the QHP issuer segregates QHP funds in accordance with applicable provisions of generally accepted accounting requirements, circulars on funds management of the Office of Management and Budget (OMB) and guidance on accounting of the Government Accountability Office. CMS is also renewing the ICR in connection with the annual attestation requirement under 
                    <E T="03">45 CFR 156.280(e)(5)(iii).</E>
                     The burden estimate for this ICR reflects the time and effort associated with QHP issuers submitting an annual attestation to the State Insurance Commissioner attesting to compliance with section 1303 of the PPACA. 
                    <E T="03">Form Number:</E>
                     CMS-10400 (OMB control number: 0938-1156); 
                    <E T="03">Frequency:</E>
                     Annually); 
                    <E T="03">Affected Public:</E>
                     Private Sector (business or other for-profits, not-for-profits institutions); 
                    <E T="03">Number of Respondents:</E>
                     1,617; 
                    <E T="03">Number of Responses:</E>
                     1,617; 
                    <E T="03">Total Annual Hours:</E>
                     5,508.75. (For questions regarding this collection, contact Agata Pelka at 667-290-9979).
                </P>
                <P>
                    2. 
                    <E T="03">Type of Information Collection Request:</E>
                     Extension without change of a currently approved collection; 
                    <E T="03">Title of Information Collection:</E>
                     Disclosure Requirement for the In-Office Ancillary Services Exception; 
                    <E T="03">Use:</E>
                     Section 6003 of the ACA established a disclosure requirement for the in-office ancillary services exception to the prohibition of physician self-referral for certain imaging services. This section of the ACA amended section 1877(b)(2) of the Social Security Act by adding a requirement that the referring physician informs the patient, at the time of the referral and in writing, that the patient may receive the imaging service from another supplier. The implementing regulations are at 42 CFR 411.355(b)(7). Physicians who provide certain imaging services (MRI, CT, and PET) under the in-office ancillary services exception to the physician self-referral prohibition are required to provide the disclosure notice as well as the list of other imaging suppliers to the patient. The patient will then be able to use the disclosure notice and list of suppliers in making an informed decision about his or her course of care for the imaging service. CMS would use the collected information for enforcement purposes. Specifically, if we were investigating the referrals of a physician providing advanced imaging services under the in-office ancillary services exception, we would review the written disclosure in order to determine if it satisfied the requirement. 
                    <E T="03">Form Number:</E>
                     CMS-10332 (OMB control number 0938-1133); 
                    <E T="03">Frequency:</E>
                     Occasionally; 
                    <E T="03">Affected Public:</E>
                     Private Sector, Business or other for-profits and Not-for-profits institutions; 
                    <E T="03">Number of Respondents:</E>
                     974,557; 
                    <E T="03">Total Annual Responses:</E>
                     974,557; 
                    <E T="03">Total Annual Hours:</E>
                     18,107. (For policy questions regarding this collection contact Sabrina Teferi at 404-562-7251 or 
                    <E T="03">Sabrina.Teferi@cms.hhs.gov.</E>
                    )
                </P>
                <SIG>
                    <NAME>William N. Parham, III,</NAME>
                    <TITLE>Director, Division of Information Collections and Regulatory Impacts, Office of Strategic Operations and Regulatory Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13067 Filed 6-13-24; 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>Administration for Community Living</SUBAGY>
                <SUBJECT>Intent To Award a Single-Source Supplement for the Expanding the National Capacity for Person-Centered, Trauma-Informed (PCTI) Care: Services and Supports for Holocaust Survivors and Other Older Adults With a History of Trauma and Their Family Caregivers Program</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Administration for Community Living, HHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Administration for Community Living (ACL) announces the intent to award a single-source supplement to the current cooperative agreement held by the Jewish Federations of North America for the project “Expanding the National Capacity for Person-Centered, Trauma-Informed (PCTI) Care: Services and Supports for Holocaust Survivors and Other Older Adults with a History of Trauma and Their Family Caregivers” program. The purpose of this program is to advance the development and expansion of PCTI supportive services for Holocaust survivors living in the U.S. Additionally, the project is advancing the capacity of the broader aging services network to deliver services of this type to any older adult with a history of trauma and their family caregivers.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For further information or comments regarding this program supplement, contact Greg Link, U.S. Department of Health and Human Services, Administration for Community Living, Administration on Aging, Office of Supportive and Caregiver Services: telephone (202) 795-7386; email 
                        <E T="03">greg.link@acl.hhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The goals of the program are as follows:</P>
                <P>1. Increase the number and type of innovations in PCTI care for Holocaust survivors, older adults with a history of trauma, and their family caregivers, and</P>
                <P>2. Expand the capacity of the Aging Network to provide PCTI care to the populations it serves.</P>
                <P>The administrative supplement for FY 2024 will be in the amount of $3,454,500, bringing the total award for FY 2023 to $8,389,500. The supplement will provide sufficient resources to enable the grantee and their partners, JFNA, to accomplish the following:</P>
                <P>• Continue to address the significant needs of Holocaust survivors living in the United States and other older adults with histories of trauma and their family caregivers by:</P>
                <P>○ Further expanding Innovations Program, deepening its focus on existing programs to make them more PCTI, and expand the program to additional communities;</P>
                <P>○ Continued expansion of the Critical Supports Initiative to federation agencies and aging services providers together to identify and address the most critical needs and allocate additional resources accordingly to those needs. This component of the program allows each participating community to determine how to best allocate the resources available to meet the needs and form new partnerships to prevent emergencies; and</P>
                <P>○ Growing the National Networks program to scale PCTI approaches to multiple locations/cities.</P>
                <P>
                    ○ For all of these programs, the supplement will increase outreach, evaluation, technical assistance, and 
                    <PRTPAGE P="50593"/>
                    sub-grantee monitoring and financial oversight activities.
                </P>
                <P>• Continued expansion and support of the grantee staff to solidify the infrastructure and framework to realize Congress' intent for the establishment and operation of a national resource center to provide training and technical assistance to agencies in the aging network delivering services to older individuals experiencing the long-term and adverse consequences of trauma, as described in section 411(14) of the Older Americans Act of 1965, as amended. Doing so will enable JFNA to expand the reach and effectiveness of this project by broadening the technical assistance and capacity building activities in the following ways:</P>
                <P>
                    ○ 
                    <E T="03">Growth and partnerships</E>
                     are essential for PCTI approaches to take root. The supplement will be used to increase the ways in which this can be accomplished, including re-launching an Aging and Trauma Workgroup and an Educational Advisory Committee, ensuring the voices of Holocaust survivors, other older adults with histories of trauma and their family caregivers are represented; enabling the grantee to develop and implement an action plan to work with foundations.
                </P>
                <P>
                    ○ 
                    <E T="03">Thought leadership in the field of PCTI care</E>
                     is greatly needed for it to take root as standard practice in the aging services network. The supplement will: (1) permit the expansion of the grantee's PCTI training program; (2) provide the resources necessary to fund the development of a family caregiving roadmap to support PCTI approaches to implementing the National Strategy to Support Family Caregivers; and (3) further develop and expand the field and practice of PCTI evaluation approaches and practices already begun under this project, but on a limited basis.
                </P>
                <P>
                    ○ 
                    <E T="03">Sustainability and efficiency</E>
                     are key to any demonstration project. The supplement will enable JFNA to explore technology enhancements to streamline the sub-grant management process, bring on additional staff to manage expanded expectations and work, including growth, and enhance program oversight, monitoring, evaluation, and additional activities proportional to the increased funding and expectations resulting from this supplement.
                </P>
                <P>
                    <E T="03">Program Name:</E>
                     Expanding the National Capacity for Person-Centered, Trauma-Informed (PCTI) Care: Services and Supports for Holocaust Survivors and Other Older Adults with a History of Trauma and Their Family Caregivers.
                </P>
                <P>
                    <E T="03">Recipient:</E>
                     The Jewish Federations of North America.
                </P>
                <P>
                    <E T="03">Period of Performance:</E>
                     The supplement award will be issued for the third year of the five-year project period of September 1, 2020 through August 31, 2025.
                </P>
                <P>
                    <E T="03">Total Award Amount:</E>
                     $8,389,500 in FY 2024.
                </P>
                <P>
                    <E T="03">Award Type:</E>
                     Cooperative Agreement Supplement.
                </P>
                <P>
                    <E T="03">Statutory Authority:</E>
                     The Older Americans Act (OAA) of 1965, as amended, Public Law 109-365—title 4, section 411.
                </P>
                <P>
                    <E T="03">Basis for Award:</E>
                     The Jewish Federations of North America (JFNA) is currently funded to carry out the objectives of the project entitled “Expanding the National Capacity for Person-Centered, Trauma-Informed (PCTI) Care: Services and Supports for Holocaust Survivors and Other Older Adults with a History of Trauma and Their Family Caregivers” for the period of September 1, 2020 through August 31, 2025. Since project implementation began in late 2020, the grantee has accomplished a great deal. This supplement will enable the grantee to carry their work even further, serving more Holocaust survivors, other older adults with histories of trauma, family caregivers and to train more professionals in the principles of PCTI. The additional funding will not be used to begin new projects or activities.
                </P>
                <P>The JFNA is uniquely positioned to complete the work called for under this project. JFNA's partners on this project include the Network of Jewish Human Services Agencies, KAVOD, the Conference on Material Claims Against Germany (the Claims Conference), USAging, the Health Foundation for Western and Central New York, LeadingAge, Habitat for Humanity International, University of Buffalo School of Social Work Institute on Trauma &amp; Trauma-Informed Care, National Council on Aging, Campaign for Trauma-Informed Policy and Practice, and SAGE represent a broad cross-section of the aging services networks with equities in this area.</P>
                <P>Establishing an entirely new grant project at this time would be potentially disruptive to the current work already well under way. More importantly, the Holocaust survivors and other older adults currently being served by this project could be negatively impacted by a service disruption, thus posing the risk of re-traumatization and further negative impacts on health and wellbeing. If this supplement is not provided, the project would be less able to address the significant unmet health and social support needs of additional Holocaust survivors and other older adults with histories of trauma. Similarly, the project would be unable to expand its current technical assistance and training efforts in PCTI concepts and approaches, let alone reach beyond traditional providers of services to this population to train more “mainstream” providers of aging services. Finally, providing this supplement to JFNA will allow for the greater realization of Congress' intent in section 411(14)(A) of the Older Americans Act, as amended, which calls for the establishment of a national resource center to provide training, technical assistance and sub-grants in this area.</P>
                <SIG>
                    <DATED>Dated: June 11, 2024.</DATED>
                    <NAME>Alison Barkoff,</NAME>
                    <TITLE>Principal Deputy Administrator for the Administration for Community Living, performing the delegable duties of the Administrator and the Assistant Secretary for Aging.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13143 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4154-01-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-2024-N-2422]</DEPDOC>
                <SUBJECT>Amending Over-the-Counter Monograph M013: Internal Analgesic, Antipyretic, and Antirheumatic Drug Products for Over-the-Counter Human Use</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) is announcing the availability on its website of the proposed administrative order (proposed order) entitled “Amending Over-the-Counter Monograph M013: Internal Analgesic, Antipyretic, and Antirheumatic Drug Products for Over-the-Counter Human Use.”</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Submit electronic comments on the administrative order by July 29, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>Instructions for submitting comments are contained in the proposed order OTC000035. Comments must be submitted electronically on or before July 29, 2024. Comments submitted after this time will not be considered.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Helen Lee, Center for Drug Evaluation and Research (HFD-600), Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-0138.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <PRTPAGE P="50594"/>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">I. Background</HD>
                <P>FDA is issuing the proposed administrative order (proposed order) to amend the requirements for internal analgesic, antipyretic, and antirheumatic drug products for over-the-counter (OTC) human use (OTC IAAA drug products), as currently described in Over-the-Counter Monograph M013: Internal Analgesic, Antipyretic, and Antirheumatic Drug Products for Over-the-Counter Human Use (OTC Monograph M013), as set forth in the Final Administrative Order OTC000035. FDA is issuing the proposed order pursuant to section 505G(b)(1) of the Federal Food, Drug, and Cosmetic Act (FD&amp;C Act) (21 U.S.C. 355h(b)(1)).</P>
                <P>OTC Monograph M013 describes the conditions under which over-the-counter (OTC) internal analgesic, antipyretic, and antirheumatic drug products (OTC IAAA drug products) are generally recognized as safe and effective. OTC Monograph M013 is set forth in Final Administrative Order OTC000035, which was deemed established by sections 505G(b)(8) and 505G(k)(2)(B) of the FD&amp;C Act, and was effective upon enactment of the Coronavirus Aid, Relief, and Economic Security Act (Pub. L. 116-136) on March 27, 2020. The conditions described in OTC Monograph M013, as set forth in final order(s), may be amended, revoked, or otherwise modified in accordance with the procedures of section 505G(b) of the FD&amp;C Act.</P>
                <P>
                    The proposed order, if finalized, will amend Final Administrative Order 000035 (as set forth in the Order), to require addition of a warning to the labeling of OTC IAAA drug products containing acetaminophen. The warning would alert consumers that the use of acetaminophen may cause severe skin reactions. This proposed order also includes minor stylistic and formatting changes to improve the readability and presentation of OTC Monograph M013, including removing references to historical 
                    <E T="04">Federal Register</E>
                     documents because OTC monographs are no longer modified through notice and comment rulemaking.
                </P>
                <P>
                    The proposed order can be accessed on the OTC Monographs@fda portal at 
                    <E T="03">https://dps.fda.gov/omuf.</E>
                     FDA established this IT system with a web portal that can be accessed through FDA's website. OTC Monographs@FDA provides a resource for the public to view Administrative Orders (Proposed, Final, and Interim Final Orders) for OTC Monograph Drugs and view OTC Monographs. OTC Monographs@FDA also facilitates the ability for the public to submit, search, and view comments and data for Proposed and Interim Final Administrative Orders, except if otherwise specified. The proposed order contains instructions for commenting on the proposed order.
                </P>
                <HD SOURCE="HD1">II. Paperwork Reduction Act of 1995</HD>
                <P>The proposed order is issued under section 505G(b)(1) of the FD&amp;C Act. Under section 505G(o) of the FD&amp;C Act, the Paperwork Reduction Act of 1995 (Chapter 35 of title 44, United States Code) does not apply to collections of information made under section 505G of the FD&amp;C Act. Therefore, clearance by the Office of Management and Budget under the Paperwork Reduction Act of 1995 is not required for collections of information, if any, in a final order issued under section 505G that results from this proposed order.</P>
                <SIG>
                    <DATED>Dated: June 11, 2024.</DATED>
                    <NAME>Lauren K. Roth,</NAME>
                    <TITLE>Associate Commissioner for Policy.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13228 Filed 6-13-24; 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>National Institutes of Health</SUBAGY>
                <SUBJECT>Center for Scientific Review; Notice of Closed Meetings</SUBJECT>
                <P>Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.</P>
                <P>The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.</P>
                <EXTRACT>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; PAR-24-129: Specific Pathogen Free Macaque Colonies.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         July 10, 2024.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         1:00 p.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Latha Malaiyandi, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 812Q, Bethesda, MD 20892, (301) 435-1999, 
                        <E T="03">malaiyandilm@csr.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; RFA-OD-24-004: Federated Biobanking Resource for the Down Syndrome Cohort Study Program (DS-CDP).
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         July 10, 2024.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         1:00 p.m. to 6:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Natalia Komissarova, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5207, MSC 7846, Bethesda, MD 20892, 301-435-1206, 
                        <E T="03">komissar@mail.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Small Business: Kidney and Urological Sciences.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         July 11-12, 2024.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:00 a.m. to 7:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Ganesan Ramesh, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 2182, MSC 7818, Bethesda, MD 20892, 301-827-5467, 
                        <E T="03">ganesan.ramesh@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Fellowships: Clinical Care and Health Interventions.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         July 11-12, 2024.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:30 a.m. to 8:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Jacinta Bronte-Tinkew, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3164, MSC 7770, Bethesda, MD 20892, (301) 806-0009, 
                        <E T="03">Jacinta.bronte-tinkew@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Small Business: Biological Chemistry, Biophysics, and Assay Development.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         July 11-12, 2024.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         9:30 a.m. to 7:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (In Person and Virtual Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         John Harold Laity, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 402-8254, 
                        <E T="03">laityjh@csr.nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; PAR-23-024: DP1 Catalyst—HIV Comorbidities, Coinfections, and Complications.
                        <PRTPAGE P="50595"/>
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         July 11, 2024.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 5:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Joshua D. Powell, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 594-5370, 
                        <E T="03">josh.powell@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Member Conflict: Topics in Gastroenterology.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         July 11, 2024.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         10:00 a.m. to 8:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Frederique Yiannikouris, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (301) 594-3313, 
                        <E T="03">frederique.yiannikouris@nih.gov.</E>
                    </P>
                    <P>
                        <E T="03">Name of Committee:</E>
                         Center for Scientific Review Special Emphasis Panel; Member Conflict: Topics in Endocrinology and Metabolism.
                    </P>
                    <P>
                        <E T="03">Date:</E>
                         July 11, 2024.
                    </P>
                    <P>
                        <E T="03">Time:</E>
                         12:00 p.m. to 4:00 p.m.
                    </P>
                    <P>
                        <E T="03">Agenda:</E>
                         To review and evaluate grant applications.
                    </P>
                    <P>
                        <E T="03">Place:</E>
                         National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).
                    </P>
                    <P>
                        <E T="03">Contact Person:</E>
                         Hui Chen, M.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6164, Bethesda, MD 20892, 301-435-1044, 
                        <E T="03">chenhui@csr.nih.gov.</E>
                    </P>
                    <FP>(Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)</FP>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: June 10, 2024.</DATED>
                    <NAME>Lauren A. Fleck, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13085 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HEALTH AND HUMAN SERVICES</AGENCY>
                <SUBAGY>National Institutes of Health</SUBAGY>
                <SUBJECT>National Institute on Drug Abuse; Amended Notice of Meeting</SUBJECT>
                <P>
                    Notice is hereby given of a change in the meeting of the National Institute on Drug Abuse Special Emphasis Panel, Mechanistic Research on Neuromodulation for Substance Use Disorders Treatment, June 27, 2024, 01:00 p.m. to June 27, 2024, 05:00 p.m., National Institute of Health, National Institute on Drug Abuse, 301 North Stonestreet Avenue, Bethesda, MD, 20892 which was published in the 
                    <E T="04">Federal Register</E>
                     on April 12, 2024, FR Doc 2024-07797, 89 FR 25886.
                </P>
                <P>
                    This notice is being amended to change the meeting contact person from Brian Stefan Wolff, Ph.D., to Ipolia Ramadan, Ph.D., National Institute on Drug Abuse, National Institutes of Health, 301 North Stonestreet Avenue, Bethesda, MD 20892, 
                    <E T="03">ramadanir@mail.nih.gov,</E>
                     (301) 827-4471.
                </P>
                <P>The meeting location, date, and time remain the same. The meeting is closed to the public.</P>
                <SIG>
                    <DATED>Dated: June 10, 2024.</DATED>
                    <NAME>Lauren A. Fleck, </NAME>
                    <TITLE>Program Analyst, Office of Federal Advisory Committee Policy.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13068 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4140-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>U.S. Customs and Border Protection</SUBAGY>
                <SUBJECT>Notice of Issuance of Final Determination Concerning UPanelS LED Display Panels</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Customs and Border Protection, Department of Homeland Security.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of final determination.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This document provides notice that U.S. Customs and Border Protection (CBP) has issued a final determination concerning the country of origin of various models of LED display panels sold under the UPanelS brand. Based upon the facts presented, CBP has concluded in the final determination that the components of the subject UPanelS devices undergo substantial transformation in Taiwan upon the manufacture of their printed circuit board assembly (PCBA) and light-emitting diode (LED) lamp assembly.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The final determination was issued on June 10, 2024. A copy of the final determination is attached. Any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of this final determination within July 15, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Austen Walsh, Valuation and Special Programs Branch, Regulations and Rulings, Office of Trade, at 
                        <E T="03">austen.m.walsh@cbp.dhs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Notice is hereby given that on June 10, 2024, CBP issued a final determination concerning the country of origin of various models of LED display panels sold under the UPanelS brand for purposes of title III of the Trade Agreements Act of 1979. This final determination, HQ H332752, was issued at the request Unilumin USA LLC (Unilumin), under procedures set forth at 19 CFR part 177, subpart B, which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511-18). In the final determination, CBP has concluded that, based upon the facts presented, the components, which are largely sourced from China and Taiwan, are substantially transformed in Taiwan when made into the subject UPanelS devices.</P>
                <P>
                    Section 177.29, CBP Regulations (19 CFR 177.29), provides that notice of final determinations shall be published in the 
                    <E T="04">Federal Register</E>
                     within 60 days of the date the final determination is issued. Section 177.30, CBP Regulations (19 CFR 177.30), provides that any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of a final determination within 30 days of publication of such determination in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Alice A. Kipel,</NAME>
                    <TITLE>Executive Director, Regulations and Rulings, Office of Trade.</TITLE>
                </SIG>
                <EXTRACT>
                    <HD SOURCE="HD1">HQ H332752</HD>
                    <HD SOURCE="HD3">June 10, 2024</HD>
                    <HD SOURCE="HD3">OT:RR:CTF:VS H332752 AMW</HD>
                    <HD SOURCE="HD1">
                        CATEGORY: 
                        <E T="01">Origin</E>
                    </HD>
                    <FP>Ms. Angelica Tsakiridis</FP>
                    <FP>Managing Director—Global Trade Advisory</FP>
                    <FP>Deloitte LLP</FP>
                    <FP>555 Mission Street, Suite 1400</FP>
                    <FP>San Francisco, CA 94105</FP>
                    <FP SOURCE="FP-1">RE: U.S. Government Procurement; Title III, Trade Agreements Act of 1979 (19 U.S.C. 2511); Subpart B, Part 177, CBP Regulations; Country of Origin of UPanelS Products</FP>
                    <FP>Dear Ms. Tsakiridis:</FP>
                    <P>
                        This is in response to your request, dated September 8, 2021, on behalf of your client, Unilumin USA LLC (“Unilumin”), for a final determination concerning the country of origin of the “UPanelS” product line of light-emitting diode (“LED”) display panels, pursuant to Title III of the Trade Agreements Act of 1979 (“TAA”), as amended (19 U.S.C. 2511 
                        <E T="03">et seq.</E>
                        ), and subpart B of Part 177, U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR 177.21, 
                        <E T="03">et seq.</E>
                        ). Your request, submitted as an electronic ruling request, was forwarded to this office from the National Commodity Specialist Division. Unilumin is a party-at-interest within the meaning of 19 CFR 177.22(d)(1) and 177.23(a) and is therefore entitled to request this final determination.
                        <PRTPAGE P="50596"/>
                    </P>
                    <HD SOURCE="HD1">Facts</HD>
                    <P>
                        Unilumin imports various models of “high-performance [LED] display[s]” sold under the UPanelS product line. The UPanelS product line consists of a series of display units capable of producing high-definition video or photographic images differentiated primarily by pixel pitch. The UPanelS devices are used in commercial and educational settings as signage or digital displays, including in large format settings such as concert backdrops or film sets.
                        <SU>1</SU>
                        <FTREF/>
                         UPanelS devices are capable of being affixed directly into a wall mount, displayed free standing, or hung with hanging beams.
                        <SU>2</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             
                            <E T="03">See</E>
                             “What makes a successful interactive LED wall,” available at 
                            <E T="03">https://www.unilumin-usa.com/led-101/what-makes-a-successful-interactive-led-wall/</E>
                             (accessed Jan. 8, 2024).
                        </P>
                    </FTNT>
                    <FTNT>
                        <P>
                            <SU>2</SU>
                             UPanelS Product guide, available at 
                            <E T="03">https://www.unilumin-usa.com/wp-content/uploads/2020/02/upanels-1.pdf</E>
                             (accessed Jan. 8, 2024).
                        </P>
                    </FTNT>
                    <P>Each UPanelS consists of two major sub-assemblies: a “module board” and a “cabinet housing.” The module board drives and controls each LED unit, forming images for display. The cabinet encases the device and provides the power supply function.</P>
                    <P>The module board is assembled in Taiwan and is comprised of two subassemblies that are also assembled in Taiwan: (1) the main printed circuit board assembly (“PCBA”) with LED lamps; and (2) the HUB board and receiver card. The main PCBA with LED lamps consists of the main PCBA, which regulates the flow of power to the LED lamps; and the LED lamps (originating in Taiwan), which light to form viewable images. The HUB board and receiver cards assembly consists of the HUB board, a separate PCBA printed in China that relays information between the receiver card and module board; a receiver card (originating in either Taiwan or Romania), which reads programmed command signals regulating the brightness and color of the LEDs and sequencing the display; and the indicator light board (originating in Taiwan), which displays power supply indicators to the LED lamps.</P>
                    <P>Assembly of the main PCBA with LED lamps occurs in Taiwan over approximately 12 steps, which involve the creation of the PCBA via surface mount technology (“SMT”) and the placement of LED lamps onto the non-printed side of the PCBA:</P>
                    <P>1. Mount handling fixture to the integrated circuit (“IC”) side of a Chinese-origin bare printed circuit board (“PCB”);</P>
                    <P>2. Print components onto the PCB;</P>
                    <P>3. Inspect solder paste;</P>
                    <P>4. Mount remaining miscellaneous components onto PCB;</P>
                    <P>5. Cure the board in reflow oven;</P>
                    <P>6. Remove fixture(s) mounted to the IC side of the PCB in step one and mount a fixture to the LED side;</P>
                    <P>7. Print onto the reverse side of the PCB;</P>
                    <P>8. Inspect solder paste;</P>
                    <P>9. Mount components;</P>
                    <P>10. Cure the board in a reflow oven;</P>
                    <P>11. Apply conformal coating on PCB;</P>
                    <P>12. Install gasket onto PCB.</P>
                    <P>Next, assembly of the HUB board and receiver card occurs in the following steps:</P>
                    <P>1. Paste installation stickers to a lower/bottom shell (the “turtle shell”) and blacken the bottom with a pen;</P>
                    <P>2. Insert the receiver card into the HUB board and place the HUB board into the bottom of the turtle shell;</P>
                    <P>3. Divide the indicator light board into several smaller boards, affix the indicator lights, and connect them with the module board adapter;</P>
                    <P>4. Paste and scan serial number; and</P>
                    <P>5. Install the HUB board assembly on the turtle shell and check for flatness and gaps.</P>
                    <P>The fully assembled PCBA with LED lamps is then combined with the HUB board and receiver card assembly to form the completed module board. Once combined, the LED lamps can light and display video or photographic images.</P>
                    <P>
                        The cabinet is the second major subassembly of the completed UPanelS. The cabinet houses the module board and provides the power supply to the finished device. The cabinet also enables the combination of multiple module boards to create larger-format arrays (
                        <E T="03">e.g.,</E>
                         4x4 or 2x1 configurations). The cabinet is comprised almost entirely of Chinese-origin components, and contains the following sub-assemblies: power supply adapter board, power supply, motor assembly, power signal combination connector, and wall controller.
                    </P>
                    <P>The cabinet is assembled in Taiwan in approximately six steps:</P>
                    <P>1. Affix the power cables to the cabinet;</P>
                    <P>2. Affix the lacing strip, three core cables, and ground cables to the cabinet;</P>
                    <P>3. Affix the adapter board to the cabinet;</P>
                    <P>4. Assemble left and right-side motor and assemble cables with electric screwdriver;</P>
                    <P>5. Connect internet cables to the power supply adapter board; and</P>
                    <P>6. Fit the insulating gasket on the power supply cover and affix the power supply cover.</P>
                    <P>Once the module board and cabinet are completed, they are shipped to China where they are combined into a complete UPanelS unit and tested for functionality. Afterwards, the UPanelS is disassembled and separately packaged for shipment to the United States.</P>
                    <P>
                        Each UPanelS will be imported into the United States in one of two ways: (1) the UPanelS's finished module board and cabinet are imported as two separately packaged, unique product numbers entered in the same shipment; or (2) the module board and cabinet are entered in the same shipment as separately packaged products along with a separate “wall controller unit.” 
                        <SU>3</SU>
                        <FTREF/>
                         You state that the UpanelS is imported in an unassembled condition because the finished module board and cabinet are delicate and that shipping the components in a single box may damage the panels. To aid installation in the United States, each module board or cabinet will be assigned a serial number or code allowing for the recombination of each module board with its corresponding cabinet.
                    </P>
                    <FTNT>
                        <P>
                            <SU>3</SU>
                             According to the request, the wall controller unit is a third sub-module that, when connected to the UPanelS, receives data signals from a source and translates and transmits those signals to the receiver card component of the module board. When fully assembled, the UPanelS connects to the wall controller via a category 5 cable. The wall controller unit will originate in Germany, Taiwan, or the United States.
                        </P>
                    </FTNT>
                    <HD SOURCE="HD1">Issue</HD>
                    <P>What is the country of origin of the Unilumin UPanelS for purposes of U.S. Government procurement?</P>
                    <HD SOURCE="HD1">Law and Analysis</HD>
                    <P>CBP issues country of origin advisory rulings and final determinations as to whether an article is or would be a product of a designated country or instrumentality for the purposes of granting waivers of certain “Buy American” restrictions in U.S. law or practice for products offered for sale to the U.S. Government, pursuant to subpart B of Part 177, 19 CFR 177.21-177.31, which implements Title III of the TAA, as amended (19 U.S.C. 2511-2518).</P>
                    <P>CBP's authority to issue advisory rulings and final determinations is set forth in 19 U.S.C. 2515(b)(1), which states:</P>
                    <P>
                        For the purposes of this subchapter, the Secretary of the Treasury shall provide for the prompt issuance of advisory rulings and final determinations on whether, under section 2518(4)(B) of this title, 
                        <E T="03">an article is or would be a product of a foreign country or instrumentality designated pursuant to section 2511(b) of this title.</E>
                    </P>
                    <FP>Emphasis added.</FP>
                    <P>The Secretary of the Treasury's authority mentioned above, along with other customs revenue functions, are delegated to CBP in the Appendix to 19 CFR part 0—Treasury Department Order No. 100-16, 68 FR 28,322 (May 23, 2003).</P>
                    <P>The rule of origin set forth under 19 U.S.C. 2518(4)(B) states:</P>
                    <P>An article is a product of a country or instrumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed.</P>
                    <P>
                        <E T="03">See also</E>
                         19 CFR 177.22(a).
                    </P>
                    <P>
                        In rendering advisory rulings and final determinations for purposes of U.S. Government procurement, CBP applies the provisions of subpart B of Part 177 consistent with the Federal Procurement Regulation (“FAR”). 
                        <E T="03">See</E>
                         19 CFR 177.21. In this regard, CBP recognizes that the FAR restricts the U.S. Government's purchase of products to U.S.-made or designated country end products for acquisitions subject to the TAA. 
                        <E T="03">See</E>
                         48 CFR 25.403(c)(1).
                    </P>
                    <P>The FAR, 48 CFR 25.003, defines “designated country end product” as:</P>
                    <P>a WTO GPA [World Trade Organization Government Procurement Agreement] country end product, an FTA [Free Trade Agreement] country end product, a least developed country end product, or a Caribbean Basin country end product.</P>
                    <P>Section 25.003 defines “WTO GPA country end product” as an article that:</P>
                    <P>(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or</P>
                    <P>
                        (2) In the case of an article that consists in whole or in part of materials from another 
                        <PRTPAGE P="50597"/>
                        country, has been substantially transformed in a WTO GPA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.
                    </P>
                    <P>
                        Once again, we note that the subject UPanelS devices are assembled in Taiwan, a TAA-designated country, with components sourced from TAA-designated countries (
                        <E T="03">e.g.,</E>
                         Taiwan, Japan) and non-TAA-designated countries (
                        <E T="03">e.g.,</E>
                         China).
                    </P>
                    <P>In determining whether a substantial transformation occurs, CBP considers the totality of the circumstances and makes such determinations on a case-by-case basis. The country of origin of the item's components, extent of the processing that occurs within a country, and whether such processing renders a product with a new name, character, and use are primary considerations in such cases. Additionally, CBP considers factors such as the resources expended on product design and development, the extent and nature of post-assembly inspection and testing procedures, and worker skill required during the actual manufacturing process when determining whether a substantial transformation has occurred. No one factor is determinative.</P>
                    <P>
                        Assembly operations that are minimal or simple, as opposed to complex or meaningful, will generally not result in a substantial transformation. Factors which may be relevant in this evaluation include the nature of the operation (including the number of components assembled), the number of different operations involved, and whether a significant period of time, skill, detail, and quality control are necessary for the assembly operation. 
                        <E T="03">See</E>
                         C.S.D. 80-111, C.S.D. 85-25, C.S.D. 89-110, C.S.D. 89-118, C.S.D. 90-51, and C.S.D. 90-97. If the manufacturing or combining process is a minor one, which leaves the identity of the article intact, a substantial transformation has not occurred. 
                        <E T="03">See Uniroyal, Inc.</E>
                         v. 
                        <E T="03">United States,</E>
                         3 CIT 220, 542 F. Supp. 1026 (1982), 
                        <E T="03">aff'd,</E>
                         702 F.2d 1022 (Fed. Cir. 1983) (imported shoe uppers added to an outer sole in the United States were the “very essence of the finished shoe” and the character of the product remained unchanged and did not undergo substantial transformation in the United States).
                    </P>
                    <P>
                        The Court of International Trade (“CIT”) more recently interpreted the meaning of “substantial transformation” in 
                        <E T="03">Energizer Battery, Inc.</E>
                         v. 
                        <E T="03">United States,</E>
                         190 F. Supp. 3d 1308 (2016). 
                        <E T="03">Energizer</E>
                         involved the determination of the country of origin of a flashlight, referred to as the Generation II flashlight. All the components of the flashlight were of Chinese origin, except for a white LED and a hydrogen getter. The components were imported into the United States and assembled into the finished Generation II flashlight. The 
                        <E T="03">Energizer</E>
                         court reviewed the “name, character and use” test utilized in determining whether a substantial transformation had occurred and noted, citing 
                        <E T="03">Uniroyal, Inc.,</E>
                         3 C.I.T. at 226, that when “the post-importation processing consists of assembly, courts have been reluctant to find a change in character, particularly when the imported articles do not undergo a physical change.” 
                        <E T="03">Energizer</E>
                         at 1318. In addition, the court noted that “when the end-use was pre-determined at the time of importation, courts have generally not found a change in use.” 
                        <E T="03">Energizer</E>
                         at 1319, citing as an example, 
                        <E T="03">National Hand Tool Corp.</E>
                    </P>
                    <P>
                        In reaching its decision, the 
                        <E T="03">Energizer</E>
                         court expressed the question as one of whether the imported components retained their names after they were assembled into the finished Generation II flashlights. The court found “[t]he constitutive components of the Generation II flashlight do not lose their individual names as a result [of] the post-importation assembly.” The court also found that the components had a predetermined end-use as parts and components of a Generation II flashlight at the time of importation and did not undergo a change in use due to the post-importation assembly process. Finally, the court did not find the assembly process to be sufficiently complex as to constitute a substantial transformation. Thus, the court found that Energizer's imported components did not undergo a change in name, character, or use as a result of the post-importation assembly into a finished Generation II flashlight. Virtually all of the components of the Generation II flashlight, including the most important component, the LED, were of Chinese origin. Accordingly, the court determined that China was the correct country of origin of the Generation II flashlights for purposes of government procurement.
                    </P>
                    <P>
                        The CIT has also looked at the character of an article to determine whether its identity has been substantially transformed through assembly or processing. For example, in 
                        <E T="03">Uniroyal, Inc.</E>
                         v. 
                        <E T="03">United States,</E>
                         3 C.I.T. at 225, the court held that imported shoe uppers added to an outer sole in the United States were the “very essence of the finished shoe” and thus the character of the product remained unchanged and did not undergo substantial transformation in the United States. Similarly, in 
                        <E T="03">National Juice Products Association</E>
                         v. 
                        <E T="03">United States,</E>
                         10 C.I.T. 48, 61, 628 F. Supp. 978, 991 (1986), the court held that imported orange juice concentrate “imparts the essential character” to the completed orange juice and thus was not substantially transformed into a product of the United States.
                    </P>
                    <P>
                        As CBP examines the totality of circumstances in its substantial transformation analysis, considerations such as the origin of a light source or a PCBA, while not determinative, may be considered together with the nature of the overall assembly operations. For example, in Headquarters Ruling Letter (“HQ”) H304910, dated April 21, 2020, CBP determined the country of origin of three models of LED automotive lamps to be Mexico, the country in which the PCBA and LED lights were assembled together. For all three models, CBP determined that the assembly of the Japanese-origin LEDs and the Mexican-origin PCBAs in Mexico resulted in a substantial transformation. CBP determined that the SMT and wave soldering processes incorporated a large number of discrete parts onto a printed circuit board, which was a sufficiently “complex and meaningful” operation so as to result in a substantial transformation of the parts making up the product's PCBA. In that case, LEDs were one of the discrete components incorporated into the PCBA. 
                        <E T="03">See also,</E>
                         HQ H331515, dated December 6, 2023 (citing HQ H304910 in determining the country of origin of a refrigerator shelf light, which included a PCBA and an LED light system, to be Mexico, the country of origin for the light's PCBA); and C.S.D. 85-25, 19 Cust. Bull. 544 (1985) (finding assembly of more than 50 components onto PCB results in substantial transformation).
                    </P>
                    <P>
                        CBP has also determined the origin of image or video-producing devices to be the country in which the underlying PCBA is produced. In HQ H218360, dated September 11, 2013, CBP considered the origin of devices used to “capture motion picture images and sound and send them digitally . . . to a similar unit at a different location. . . .” In that matter, we found that the origin of the devices was the country in which the underlying “video processing electronic circuit board” and “network filter electronic circuit board” were produced because these items imparted the character of the devices as a video conferencing server. 
                        <E T="03">See also</E>
                         HQ H114395, dated May 18, 2011 (determining the country of origin of a pocket projector to be the location of assembly of the light engine module and PCBA).
                    </P>
                    <P>
                        In the present matter, and in accordance with HQ H304910 and H218360, the assembly of the main PCBA in Taiwan results in a substantial transformation. We find that the SMT and curing processes incorporate a large number of discrete component parts onto a PCB, which is a sufficiently complex and meaningful operation so as to result in a substantial transformation of the parts making up the PCBA. Similar to HQ H331515, a variety of electronic components are added to the raw PCB via SMT in Taiwan to create the subject PCBAs. This includes the attachment of the Taiwanese-origin LED lamps. Of particular importance, we also note that it is the PCBA that enables the device to distribute power to the LED lamps and therefore imparts the character of the subject device. In addition, the Taiwanese-origin LED lamps also perform the important function of displaying the images to be viewed. Furthermore, we find that the processing in China, which consists of “installing” and “attaching” the subassemblies together for testing, is not sufficiently complex and meaningful to result in a substantial transformation. Based on the information provided, we therefore conclude that the processing in Taiwan results in a product with a new name, character, and use, 
                        <E T="03">i.e.,</E>
                         an LED device capable of forming and displaying images.
                    </P>
                    <P>
                        Finally, as outlined above, after final assembly in China, each UPanelS unit will be separated into the module board, cabinet, and sometimes a wall controller unit for 
                        <PRTPAGE P="50598"/>
                        shipment to the United States. Here, we note that, although the devices will be disassembled for shipment, the components will nevertheless represent a single item of commerce if shipped together. 
                        <E T="03">See</E>
                         HQ H100055, dated May 28, 2010 (finding a medical patient lift imported unassembled to be a single unit for country of origin purposes when shipped together).
                    </P>
                    <P>Based on the analysis above, we find that the country of origin of the subject UPanelS devices is Taiwan and, therefore, the devices would be the product of a foreign country or instrumentality designated pursuant to 19 U.S.C. 2511(b)(1).</P>
                    <HD SOURCE="HD1">Holding</HD>
                    <P>Based on the facts and analysis set forth above, the country of origin of the instant UPanelS will be Taiwan.</P>
                    <P>
                        Notice of this final determination will be given in the 
                        <E T="04">Federal Register</E>
                        , as required by 19 CFR 177.29. Any party-at-interest other than the party which requested this final determination may request, pursuant to 19 CFR 177.31, that CBP reexamine the matter anew and issue a new final determination. Pursuant to 19 CFR 177.30, any party-at-interest may, within 30 days of publication of the 
                        <E T="04">Federal Register</E>
                         Notice referenced above, seek judicial review of this final determination before the U.S. Court of International Trade.
                    </P>
                    <FP>Sincerely,</FP>
                    <FP>Alice A. Kipel, </FP>
                    <FP>
                        <E T="03">Executive Director, Regulations and Rulings, Office of Trade.</E>
                    </FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13113 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-14-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>U.S. Customs and Border Protection</SUBAGY>
                <SUBJECT>Notice of Issuance of Final Determination Concerning Thermal Printers</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Customs and Border Protection, Department of Homeland Security.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of final determination.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This document provides notice that U.S. Customs and Border Protection (CBP) has issued a final determination concerning the country of origin of five models of thermal printers. Based upon the facts presented, CBP has concluded in the final determination that the components of the subject thermal printers do not undergo substantial transformation in Japan when made into the final thermal printer units.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The final determination was issued on June 10, 2024. A copy of the final determination is attached. Any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of this final determination within July 15, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Austen Walsh, Valuation and Special Programs Branch, Regulations and Rulings, Office of Trade, at (202) 325-0114.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Notice is hereby given that on June 10, 2023, CBP issued a final determination concerning the country of origin of five models of thermal printers for purposes of Title III of the Trade Agreements Act of 1979. This final determination, HQ H328859, was issued at the request of Brother Mobile Solutions, Inc. (“Brother”), under procedures set forth at 19 CFR part 177, subpart B, which implements Title III of the Trade Agreements Act of 1979, as amended (19 U.S.C. 2511-18). In the final determination, CBP has concluded that, based upon the facts presented, the components, which are largely sourced from China, are not substantially transformed in Japan when made into the subject thermal printers.</P>
                <P>
                    Section 177.29, CBP Regulations (19 CFR 177.29), provides that notice of final determinations shall be published in the 
                    <E T="04">Federal Register</E>
                     within 60 days of the date the final determination is issued. Section 177.30, CBP Regulations (19 CFR 177.30), provides that any party-at-interest, as defined in 19 CFR 177.22(d), may seek judicial review of a final determination within 30 days of publication of such determination in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <SIG>
                    <NAME>Alice A. Kipel,</NAME>
                    <TITLE>Executive Director, Regulations and Rulings, Office of Trade.</TITLE>
                </SIG>
                <EXTRACT>
                    <HD SOURCE="HD1">HQ H328859</HD>
                    <HD SOURCE="HD3">June 10, 2024</HD>
                    <HD SOURCE="HD3">OT:RR:CTF:VS H328859 AMW</HD>
                    <HD SOURCE="HD1">
                        CATEGORY: 
                        <E T="01">Origin</E>
                    </HD>
                    <FP>Mr. Rick Van Arnam, Esq.</FP>
                    <FP>Barnes, Richardson &amp; Colburn, LLP</FP>
                    <FP>100 William Street</FP>
                    <FP>Suite 305</FP>
                    <FP>New York, NY 10038</FP>
                    <FP SOURCE="FP-1">RE: U.S. Government Procurement; Title III, Trade Agreements Act of 1979 (19 U.S.C. 2511); Subpart B, Part 177; Brother Mobile Solutions, Inc.; Country of Origin of Mobile Thermal Printers; Substantial Transformation</FP>
                    <FP>Dear Mr. Van Arnam:</FP>
                    <P>
                        This is in response to your request of November 14, 2022, on behalf of your client, Brother Mobile Solutions, Inc. (“Brother”), for a final determination concerning the country of origin of various thermal printer models, pursuant to Title III of the Trade Agreements Act of 1979 (“TAA”), as amended (19 U.S.C. 2511 
                        <E T="03">et seq.</E>
                        ), and subpart B of Part 177, U.S. Customs and Border Protection (“CBP”) Regulations (19 CFR 177.21, 
                        <E T="03">et seq.</E>
                        ). Brother is a party-at-interest within the meaning of 19 CFR 177.22(d)(1) and 177.23(a) and is therefore entitled to request this final determination.
                    </P>
                    <HD SOURCE="HD1">Facts</HD>
                    <P>
                        Brother seeks a country of origin determination related to five separate models of thermal printers described as the “Brother PocketJet 8 Mobile Thermal Printers” (the “thermal printers”). Your request states that the assembly process for the thermal printers is the same, though the devices differ in type of interface (
                        <E T="03">i.e.,</E>
                         USB, Bluetooth, or Wi-Fi) and resolution (either “standard resolution” at 203 dots per inch (“DPI”) or “high resolution” at 300 dots per inch). The five models are as follows:
                    </P>
                    <GPOTABLE COLS="3" OPTS="L2,tp0,p7,7/8,i1" CDEF="xs30,r25,xs44">
                        <TTITLE> </TTITLE>
                        <BOXHD>
                            <CHED H="1">Model</CHED>
                            <CHED H="1">Interface</CHED>
                            <CHED H="1">Resolution</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">PJ-822</ENT>
                            <ENT>USB</ENT>
                            <ENT>203 DPI.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PJ-823</ENT>
                            <ENT>USB</ENT>
                            <ENT>300 DPI.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PJ-862</ENT>
                            <ENT>USB, Bluetooth</ENT>
                            <ENT>203 DPI.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PJ-863</ENT>
                            <ENT>USB, Bluetooth</ENT>
                            <ENT>300 DPI.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">PJ-883</ENT>
                            <ENT>USB, Bluetooth, Wi-Fi</ENT>
                            <ENT>300 DPI.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <P>
                        The thermal printers provide full-page mobile printing, producing text or images by passing specially treated paper (
                        <E T="03">i.e.,</E>
                         thermal paper) over a “print head” comprised of a small, electrically heated element. Upon exposure to heat, the coating on the paper turns black, producing the desired text or image. The thermal printers connect with most computer models, including IOS and Android devices.
                    </P>
                    <P>The thermal printers will undergo final assembly in Japan by Mie Brother Precision Industries, Ltd. (“Mie Brother”) utilizing discrete components imported from Taiwan, Vietnam, and China, as well as a Japanese-origin printed circuit board assembly (“PCBA”). As outlined in your request, the thermal printers consist of four main component groupings:</P>
                    <HD SOURCE="HD2">(1) Print Mechanism</HD>
                    <P>The print mechanism utilizes direct thermal technology to apply heat to the treated paper and produce text and images. The print mechanism is comprised of approximately 48 components, including a chassis assembly, head spring, gears, thermal plate, paper guide, screws, and a stepping motor used to move paper through the print mechanism. The print mechanism is comprised entirely of Chinese-origin components (aside from the Taiwanese-origin stepping motor), which are assembled into the thermal printers in Japan.</P>
                    <HD SOURCE="HD2">(2) Covers/Chassis</HD>
                    <P>The covers and chassis are static items that make up the chassis of the thermal printers. They are comprised of approximately 59 components, including a top cover, back cover chute cover, battery latches, face tape, and various labels and screws. Each of these components is produced in China and are assembled into the printers in Japan.</P>
                    <HD SOURCE="HD2">(3)Sensor Unit</HD>
                    <P>
                        The sensor unit consists of five components: a Vietnam-produced membrane switch, which functions as an operator interface, allowing the user to operate and control the device. The remaining components, including flexible printed 
                        <PRTPAGE P="50599"/>
                        circuits that control the printer's on/off switch, its LED indicator, and a radio circuit (Bluetooth vs. WiFi in model PJ 863), are all produced in China and assembled into the printers in Japan.
                    </P>
                    <HD SOURCE="HD2">(4) Main PCBA</HD>
                    <P>
                        The main PCBA is produced by a third-party manufacturer in Japan. The PCBA includes the device's firmware, and functions as the motherboard of the printer. It controls communication with the device looking to print (
                        <E T="03">i.e.,</E>
                         computer or phone), houses the memory for the printer, and forms the image to be printed.
                    </P>
                    <P>In addition to the physical components described above, you state that the device's firmware is designed and developed in Japan. The firmware consists of software embedded into the PCBA that will control the device.</P>
                    <P>All told, your request indicates that slightly more than half of the printers' value, is attributable to production occurring in China. Slightly less than half of the printers' value is produced in Japan. Less than 10% by value is produced in Vietnam and in Taiwan. By quantity, approximately 97% of all components are produced in China, whereas 1% of the printers' components are produced in Japan, 1% in Taiwan, and 1% in Vietnam.</P>
                    <P>You state that the final assembly of the above-mentioned components occurs in Japan. Specifically, your request indicates that assembly in Japan occurs in roughly the following steps:</P>
                    <HD SOURCE="HD2">Mainframe Assembly</HD>
                    <P>In this stage, the main PCBA is mounted to the main chassis assembly. Then, the stepping motor is attached to the chassis, and the print mechanism components are affixed. Next, the side and upper chassis boards are attached to the main frame, as are three head pressing springs. The platen and transfer gears are added. Finally, the chute cover is attached to this frame.</P>
                    <HD SOURCE="HD2">Cover Assembly</HD>
                    <P>Next, the cover assembly is created. The components of the sensor unit—the membrane switch, LED lamp, and various flexible printed circuits, are assembled to the top cover. The back cover is then attached, followed by the top cover and then the latches. All cover screws are tightened. A dummy battery is inserted, and a label is affixed on the bottom of the cover.</P>
                    <P>After assembly is complete, the thermal printers undergo a testing process in which the machines receive a function test, printing inspection, Wi-Fi/Bluetooth check, and appearance inspection.</P>
                    <HD SOURCE="HD1">Issue</HD>
                    <P>What is the country of origin of the subject thermal printers for purposes of U.S. Government procurement?</P>
                    <HD SOURCE="HD1">Law and Analysis</HD>
                    <P>
                        CBP issues country of origin advisory rulings and final determinations as to whether an article is or would be a product of a designated country or instrumentality for the purpose of granting waivers of certain “Buy American” restrictions in U.S. law or practice for products offered for sale to the U.S. Government, pursuant to subpart B of Part 177, 19 CFR 177.21 
                        <E T="03">et seq.,</E>
                         which implements Title III, Trade Agreements Act of 1979, as amended (19 U.S.C. 2511-2518).
                    </P>
                    <P>CBP's authority to issue advisory rulings and final determinations is set forth in 19 U.S.C. 2515(b)(1), which states:</P>
                    <P>
                        For the purposes of this subchapter, the Secretary of the Treasury shall provide for the prompt issuance of advisory rulings and final determinations on whether, under section 2518(4)(B) of this title, an article is or would be a product of a foreign country or instrumentality designated pursuant to section 2511(b) of this title.
                        <SU>1</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>1</SU>
                             The Secretary of the Treasury's authority mentioned above, along with other customs revenue functions, are delegated to CBP in the Appendix to 19 CFR part 0—Treasury Department Order No. 100-16, 68 FR 28322 (May 23, 2003).
                        </P>
                    </FTNT>
                    <P>The rule of origin set forth in 19 U.S.C. 2518(4)(B) states:</P>
                    <P>An article is a product of a country or instrumentality only if (i) it is wholly the growth, product, or manufacture of that country or instrumentality, or (ii) in the case of an article which consists in whole or in part of materials from another country or instrumentality, it has been substantially transformed into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was so transformed.</P>
                    <P>
                        <E T="03">See also</E>
                         19 CFR 177.22(a).
                    </P>
                    <P>
                        In rendering advisory rulings and final determinations for purposes of U.S. Government procurement, CBP applies the provisions of subpart B of Part 177 consistent with the Federal Acquisition Regulations (“FAR”). 
                        <E T="03">See</E>
                         19 CFR 177.21. In this regard, CBP recognizes that the FAR restricts the U.S. Government's purchase of products to U.S.-made or designated country end products for acquisitions subject to the TAA. 
                        <E T="03">See</E>
                         48 CFR 25.403(c)(1).
                    </P>
                    <P>Section 25.003 defines “designated country end product” as:</P>
                    <FP>a WTO GPA [World Trade Organization Government Procurement Agreement] country end product, an FTA [Free Trade Agreement] country end product, a least developed country end product, or a Caribbean Basin country end product.</FP>
                    <P>Section 25.003 defines “WTO GPA country end product” as an article that:</P>
                    <P>(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or</P>
                    <P>(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a WTO GPA country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to the article, provided that the value of those incidental services does not exceed that of the article itself.</P>
                    <P>
                        Once again, we note that the subject thermal printers are assembled in Japan, a WTO GPA country, with components sourced from both TAA-designated countries (
                        <E T="03">i.e.,</E>
                         Taiwan and Japan) as well as non-TAA countries (
                        <E T="03">i.e.,</E>
                         China, Vietnam).
                    </P>
                    <P>In order to determine whether a substantial transformation occurs when components of various origins are assembled into completed products, CBP considers the totality of the circumstances and makes such determinations on a case-by-case basis. The country of origin of the item's components, extent of the processing that occurs within a country, and whether such processing renders a product with a new name, character, and use are primary considerations in such cases. Additionally, factors such as the resources expended on product design and development, the extent and nature of post-assembly inspection and testing procedures, and worker skill required during the actual manufacturing process will be considered when determining whether a substantial transformation has occurred. No one factor is determinative.</P>
                    <P>
                        A new and different article of commerce is an article that has undergone a change in commercial designation or identity, fundamental character, or commercial use. A determinative issue is the extent of the operations performed and whether the materials lose their identity and become an integral part of the new article. 
                        <E T="03">See Nat'l Hand Tool Corp.</E>
                         v. 
                        <E T="03">United States,</E>
                         16 CIT 308 (1992), 
                        <E T="03">aff'd,</E>
                         989 F.2d 1201 (Fed. Cir. 1993). “For courts to find a change in character, there often needs to be a substantial alteration in the characteristics of the article or components.” 
                        <E T="03">Energizer Battery, Inc.</E>
                         v. 
                        <E T="03">United States,</E>
                         190 F. Supp. 3d 1308, 1318 (Ct. Int'l Trade 2016) (citations omitted). Courts have looked to “the essence” or essential character of the completed article “to determine whether it has undergone a change in character as a result of post-importation processing.” 
                        <E T="03">Id.</E>
                         (citing 
                        <E T="03">Uniroyal, Inc.</E>
                         v. 
                        <E T="03">United States,</E>
                         542 F. Supp. 1026 (Ct. Int'l Trade 1982), 
                        <E T="03">aff'd,</E>
                         702 F.2d 1022 (Fed. Cir. 1983)). In 
                        <E T="03">Uniroyal,</E>
                         542 F. Supp. at 1030, the U.S. Court of International Trade (“CIT”) held that “it would be misleading to allow the public to believe that a shoe is made in the United States when the entire upper—which is the very essence of the completed shoe—is made in Indonesia and the only step in the manufacturing process performed in the United States is the attachment of an outsole.”
                    </P>
                    <P>
                        In 
                        <E T="03">Energizer Battery, Inc.</E>
                         v. 
                        <E T="03">United States,</E>
                         190 F. Supp. 3d 1308 (2016), the CIT interpreted the meaning of the term “substantial transformation” as used in the TAA for purposes of government procurement. 
                        <E T="03">Energizer Battery</E>
                         involved the determination of the country of origin of a flashlight, referred to as the Generation II flashlight, under the TAA. All the components of the Generation II flashlight were of Chinese origin, except for a white LED and a hydrogen getter. The components were imported into the United States where they were assembled into the finished Generation II flashlight.
                    </P>
                    <P>
                        The 
                        <E T="03">Energizer Battery</E>
                         court reviewed the “name, character and use” test in determining whether a substantial transformation had occurred and reviewed various court decisions involving substantial 
                        <PRTPAGE P="50600"/>
                        transformation determinations. The court noted, citing 
                        <E T="03">Uniroyal,</E>
                         that when “the post-importation processing consists of assembly, courts have been reluctant to find a change in character, particularly when the imported articles do not undergo a physical change.” 
                        <E T="03">Energizer</E>
                         at 1318. In addition, the court noted that “when the end-use was pre-determined at the time of importation, courts have generally not found a change in use.” 
                        <E T="03">Energizer Battery</E>
                         at 1319, citing as an example, 
                        <E T="03">National Hand Tool.</E>
                         Furthermore, courts have considered the nature of the assembly, 
                        <E T="03">i.e.,</E>
                         whether it is a simple assembly or more complex, such that individual parts lose their separate identities and become integral parts of a new article.
                    </P>
                    <P>
                        In reaching its decision in the 
                        <E T="03">Energizer Battery</E>
                         case, the court expressed the question as one of whether the imported components retained their names after they were assembled into the finished Generation II flashlights. The court found “[t]he constitutive components of the Generation II flashlight do not lose their individual names as a result [of] the post-importation assembly.” The court also found that the components had a pre-determined end-use as parts and components of a Generation II flashlight at the time of importation and did not undergo a change in use due to the post-importation assembly process. Finally, the court did not find the assembly process to be sufficiently complex as to constitute a substantial transformation. Thus, the court found that Energizer's imported components did not undergo a change in name, character, or use because of the post-importation assembly of the components into a finished Generation II flashlight. The court determined that China, the source of all but two components, was the correct country of origin of the finished Generation II flashlights under the government procurement provisions of the TAA.
                    </P>
                    <P>In this matter, counsel argues that the country of origin of the subject thermal printers will be Japan because: (1) the final assembly of the various components occurs in Japan, and all components undergo a substantial transformation when assembled into the thermal printers; (2) the main PCBA is produced in Japan, which functions as the “brains” of the device and therefore imparts the essential character; and (3) the device's firmware is designed, developed, and embedded in Japan. In doing so, the request cites Headquarters Ruling Letter (HQ) H298653, dated November 19, 2018; HQ H241146, dated May 21, 2013; and HQ H185775, dated December 21, 2011.</P>
                    <P>In HQ H298653, CBP considered the country of origin of solar panels that were assembled in China using both Chinese and non-Chinese components, including polycrystalline solar cells that were entirely manufactured in Germany. CBP determined that polycrystalline solar cells, which imparted the essential character of the finished panels, did not lose their identity and became an integral part of the solar panels when they were combined with other components during the processing in China. The end-use of the solar cells and other components was pre-determined before the components were imported into China, and the solar cells (and other components) remained solar cells during processing in China. Therefore, CBP found that the country of origin of the solar panels was Germany. We note, however, that HQ H298653 pertains to solar panels, which is a completely different product class from the subject merchandise, and that does not include a PCBA, firmware, or similar components to the subject merchandise.</P>
                    <P>In HQ H241146, CBP considered the country of origin of monochrome laser printers. In that case, Chinese-origin subassemblies were imported into the United States, where they were assembled with U.S.-origin PCBs, and programmed with Japanese-origin firmware. While the printers were comprised of subassemblies and components from various countries, they were also comprised of a controller unit assembled in the United States (with U.S.-origin PCBs), which was important to the function of the printers. As a result, CBP found that the last substantial transformation occurred in the United States.</P>
                    <P>In HQ H185775, CBP considered the country of origin of a multifunction office machine. In that case, the incomplete print engine was produced in Vietnam and consisted of a metal frame, plastic skins, motors, controller board with supplier-provided firmware, a laser scanning system, paper trays, cabling paper transport rollers, and miscellaneous sensing and imaging systems. The incomplete print engine was shipped to Mexico, where the following assemblies were added: the formatter board, scanner/automatic document feeder, control panel, fax card, hard disk drive/solid state drive, firmware (which was developed and written in the United States), along with other minor components and accessories. CBP determined that Mexico was the country of origin because the assembly of the various nonfunctioning assemblies and components, along with the addition of firmware and programming, resulted in a substantial transformation.</P>
                    <P>In addition to the rulings cited in Brother's request, we identified several additional relevant rulings, as follows: HQ H304677, dated April 21, 2023; HQ H301910, date August 5, 2019; HQ H287548, dated March 23, 2018; HQ H219519, dated April 3, 2013; and HQ H018467, dated January 4, 2008. The applicability of each ruling is discussed below.</P>
                    <P>
                        In HQ H304677, CBP considered the country of origin of various models of multi- and single-function printers that underwent final assembly in Mexico. Most of the components for the printers were assembled in China to create subassemblies referred to as “printer transports,” which consisted of the basic housing and associated structures (
                        <E T="03">e.g.,</E>
                         frames, covers, laser scanning unit, power supply unit). The units' PCBAs were manufactured in Mexico via surface mount and pin through hole technology. The devices' firmware was downloaded in Mexico, but was architected and designed in the United States, with support from an entity in the Philippines. In determining the country of origin to be China, CBP noted that the Mexican-origin PCBA did not serve as the only fundamental functioning component of the printers, but that the other Chinese-origin components also proved critical in enabling the units to perform their function, including feeding the paper and printing images onto the paper.
                    </P>
                    <P>In HQ H301910, CBP considered the country of origin of mailing machine engines used in certain postage meters. In that ruling, the body of the engine was assembled in China and then transported to Japan where the Japanese-origin PCBA, print head, and print control and diagnostic firmware were installed. Testing and packaging also occurred in Japan. CBP determined that the main PCBA, the print control firmware, and the print head constituted the primary and fundamental essence of the mailing machine engine because these components controlled the engine's function, operations, and enabled the printing of the correct postage. In particular, the main PCBA itself was composed of components essential to the fundamental function and primary purpose of the engine including the CPU, the memory, and the Field-Programmable Gate Array—all of which combined to form the “brain” of the machine. CBP held that, inasmuch as the main PCBA, the print control firmware, and the print head were all produced in Japan, the country of origin of the mailing engine machine was Japan.</P>
                    <P>In HQ H287548, CBP determined that the country of origin of a monochrome laser printer was Japan despite having component parts sourced from several countries and where the final assembly took place in the United States. In HQ H287548, the main PCB and firmware were produced in Japan, while the fuser unit, automated document feeder unit, photo conductor, toner cartridge, operation panel, and body unit were all assembled in Vietnam from components sourced from a variety of countries, including the Philippines, Vietnam, and China. CBP determined that the Japanese-origin PCB and firmware imparted the essential character of the laser printer because the firmware provided the control program for the printers and enabled the main PCB assembly to function as the electronic “brains” of the printers by controlling all printer functions. Moreover, the production of the feeder unit, fuser unit, photo conductor, toner cartridge and operation panel occurring in Vietnam was inexpensive and did not require a sophisticated skill set to effect production. Likewise, the final manufacturing in the United States was concluded in 40 minutes (including testing), which did not rise to the level of complex processes necessary for a substantial transformation to occur.</P>
                    <P>
                        In HQ H219519, CBP considered the country of origin of a laser jet printer and fax machine made up of Chinese parts that was assembled in Mexico. The laser jet printer/fax machine was composed of a print engine, motors, control board (with firmware), paper trays, rollers, transfer belt, formatted printed circuit boards, and other components. CBP determined that the assembly in Mexico was not complex or significant enough to result in a substantial transformation, rendering the country of origin as China. CBP explained that the assembly in Mexico did not change or define the use of the finished laser jet printer/fax machine. CBP considered the 
                        <PRTPAGE P="50601"/>
                        amount of time to complete the final assembly of the product. In one scenario, the timeframe to complete the assembly was three to four minutes. In the second scenario, it took seven to eight minutes and in a third scenario assembly was completed within two to three minutes. Meanwhile, the complexity, time and skill involved in producing the Chinese-origin controller board (with firmware), printed circuit boards, print engine and the remaining components exceeded the simplistic assembly that took place in Mexico. Finally, CBP reasoned that since the print engine was the central mechanism by which the printer/fax machine performed its printing and because the controller board and PCB were the central command components that determined when and how the machines were to function, these components combined to impart the essential character of the overall printer/fax machine.
                    </P>
                    <P>Finally, in HQ H018467, CBP considered two manufacturing scenarios for multi-function printers. In one scenario, manufacturing took place in two countries; in the other, it took place in three countries. In the two-country scenario, 18 units were manufactured in the Philippines from components produced in various countries. The units were sent to Japan where the system control board, engine control board, organic photoconductor (“OPC”) drum unit, and the toner reservoir were manufactured and incorporated into the units. The control boards were programmed in Japan with Japanese firmware that controlled the user interface, imaging, memories, and the mechanics of the machines. The machines were then inspected and adjusted as necessary. CBP found that the manufacturing operations in Japan substantially transformed the Philippine units such that Japan was the country of origin. In making the determination (and in addition to the finding that operations performed in Japan were meaningful and complex and resulted in an article of commerce with a new name, character and use), CBP considered the fact that the system control board, the engine control board, and the firmware, which were very important to the functionality of the machines, were manufactured in Japan.</P>
                    <P>
                        The relevant judicial precedent and CBP rulings indicate that the component (or components) that imparts the character of a product will be a significant factor in determining the country of origin of a product. This matter is most like HQ H304677, in which we determined that certain printer units assembled in Mexico from various Chinese-origin components, a Mexican-origin PCBA, and U.S.-origin firmware to be of China origin. As in HQ H304677, we find that the subject PCBA does not serve as the only fundamental functioning component of the thermal printers. Although the PCBA and Japanese-origin firmware enable the thermal printers to communicate with external devices and process the images to be printed, the other components and assemblies are also critical in enabling the printer to form text or images and apply heat to the paper to create text or images. For instance, the Chinese-origin print head physically applies heat to the treated paper to produce an image. Likewise, a Chinese-origin flexible PCBA controls each printer's on/off function, and a Chinese-origin radio circuit also facilitates the device's communication with external devices. 
                        <E T="03">See also,</E>
                         HQ H301910, 
                        <E T="03">supra</E>
                         (noting PCBA, print head, and firmware are all essential to a printer's function). This matter is further distinguishable from HQ H287548 in which we determined that that the Japanese-origin PCBA and firmware conferred the essential character of a printer that was assembled in the United States from components sourced from a variety of countries, including Japan, the Philippines, China, and Vietnam (where many of the foreign-origin components were assembled into discrete subassemblies). In the present matter, by contrast, the largest portion of both cost and components used in producing the subject thermal printers is imparted by the Chinese-origin components.
                    </P>
                    <P>
                        This matter is also distinguishable from HQ H018467 (which was decided before 
                        <E T="03">Energizer Battery</E>
                        ) in which CBP determined, in relevant part, the country of certain multi-function printers to be Japan where Philippine-origin subassemblies manufactured from components produced in various countries were combined in Japan with Japanese-origin system control board, engine control board, OPC drum unit, toner reservoir and firmware. In finding the country of origin to be Japan, CBP also found the assembly operations occurring in Japan to be complex and meaningful. In contrast to HQ H018467, here, although the PCBA and firmware originated in Japan as in HQ H018467, the subject thermal printers contained no other components originating in Japan; instead, as noted above, the overwhelming majority, approximately 97%, of components, originated in China. Furthermore, and again unlike in HQ H018467, the assembly operations occurring in Japan are not complex or meaningful. Instead, outside of the PCBA assembly, the Japanese assembly process consists of simple steps such as mounting, attaching, fitting, and screwing the imported components together. 
                        <E T="03">See also,</E>
                         HQ H219519 (finding final assembly in Mexico not complex or meaningful). Therefore, as with HQ H304677, we find the present scenario is analogous to 
                        <E T="03">Uniroyal</E>
                         and 
                        <E T="03">Energizer Battery</E>
                         where the imported material did not undergo a substantial transformation. While 
                        <E T="03">Uniroyal</E>
                         did not go into detail concerning the manufacture and contribution of the sole to the shoe, the decision recognized that it was the manufacture of the upper, just like the many Chinese printer components here, that provided the character to the finished article. Similarly, we find that the mechanical printing functions are imparted by the Chinese-origin components.
                    </P>
                    <P>Based on the foregoing, we find that the country of origin of the subject thermal printers is China and, therefore, would not be products of a foreign country or instrumentality designated pursuant to 19 U.S.C. 2511(b)(1).</P>
                    <HD SOURCE="HD1">Holding</HD>
                    <P>Based on the facts and analysis set forth above, the country of origin of the instant thermal printers will be China.</P>
                    <P>
                        Notice of this final determination will be given in the 
                        <E T="04">Federal Register</E>
                        , as required by 19 CFR 177.29. Any party-at-interest other than the party which requested this final determination may request, pursuant to 19 CFR 177.31, that CBP reexamine the matter anew and issue a new final determination. Pursuant to 19 CFR 177.30, any party-at-interest may, within 30 days of publication of the 
                        <E T="04">Federal Register</E>
                         Notice referenced above, seek judicial review of this final determination before the U.S. Court of International Trade.
                    </P>
                    <FP>Sincerely,</FP>
                    <FP>
                        Alice A. Kipel, 
                        <E T="03">Executive Director, Regulations and Rulings, Office of Trade.</E>
                    </FP>
                </EXTRACT>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13115 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-14-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4781-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Texas; Amendment No. 6 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-4781-DR), dated May 17, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 29, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Texas is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of May 17, 2024.</P>
                <EXTRACT>
                    <P>Bell, Henderson, and Tyler Counties for Individual Assistance.</P>
                    <P>
                        The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals 
                        <PRTPAGE P="50602"/>
                        and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.
                    </P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13072 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4781-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Texas; Amendment No. 5 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-4781-DR), dated May 17, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 27, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Texas is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of May 17, 2024.</P>
                <EXTRACT>
                    <P>Collin, Cooke, Denton, and Montague Counties for Individual Assistance.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13073 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4778-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Nebraska; Major Disaster and Related Determinations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of the Presidential declaration of a major disaster for the State of Nebraska (FEMA-4778-DR), dated May 3, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The declaration was issued May 3, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that, in a letter dated May 3, 2024, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                    <E T="03">et seq.</E>
                     (the “Stafford Act”), as follows:
                </P>
                <EXTRACT>
                    <P>
                        I have determined that the damage in the State of Nebraska resulting from severe storms, straight-line winds, and tornadoes during the period of April 25 to April 27, 2024, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                        <E T="03">et seq.</E>
                         (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of Nebraska.
                    </P>
                    <P>In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.</P>
                    <P>You are authorized to provide Individual Assistance and assistance for debris removal and emergency protective measures (Categories A and B) under the Public Assistance program in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance, Hazard Mitigation, and Other Needs Assistance under section 408 will be limited to 75 percent of the total eligible costs.</P>
                    <P>Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.</P>
                </EXTRACT>
                <P>The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration.</P>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Andrew P. Meyer, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.</P>
                <P>The following areas of the State of Nebraska have been designated as adversely affected by this major disaster:</P>
                <EXTRACT>
                    <P>Douglas and Washington Counties for Individual Assistance.</P>
                    <P>Douglas and Washington Counties for debris removal and emergency protective measures (Categories A and B) under the Public Assistance program.</P>
                    <P>All areas within the State of Nebraska are eligible for assistance under the Hazard Mitigation Grant Program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13082 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="50603"/>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4782-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Kentucky; Major Disaster and Related Determinations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Kentucky (FEMA-4782-DR), dated May 22, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The declaration was issued May 22, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that, in a letter dated May 22, 2024, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                    <E T="03">et seq.</E>
                     (the “Stafford Act”), as follows:
                </P>
                <EXTRACT>
                    <P>
                        I have determined that the damage in certain areas of the Commonwealth of Kentucky resulting from severe storms, straight-line winds, tornadoes, landslides, and mudslides on April 2, 2024, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                        <E T="03">et seq.</E>
                         (the “Stafford Act”).
                    </P>
                    <P>Therefore, I declare that such a major disaster exists in the Commonwealth of Kentucky.</P>
                    <P>In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.</P>
                    <P>You are authorized to provide Individual Assistance in the designated areas and Hazard Mitigation throughout the Commonwealth. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation and Other Needs Assistance under section 408 will be limited to 75 percent of the total eligible costs.</P>
                    <P>Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.</P>
                </EXTRACT>
                <P>The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration.</P>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, E. Craig Levy Sr., of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.</P>
                <P>The following areas of the Commonwealth of Kentucky have been designated as adversely affected by this major disaster:</P>
                <EXTRACT>
                    <P>Boyd, Carter, Fayette, Greenup, Henry, Jefferson, Jessamine, Mason, Oldham, Union, and Whitley Counties for Individual Assistance.</P>
                    <P>All areas within the Commonwealth of Kentucky are eligible for assistance under the Hazard Mitigation Grant Program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13071 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4781-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Texas; Amendment No. 1 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-4781-DR), dated May 17, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 20, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Texas is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of May 17, 2024.</P>
                <EXTRACT>
                    <P>Harris, Liberty, Montgomery, Polk, San Jacinto, Trinity, and Walker Counties for emergency protective measures (Category B), limited to direct federal assistance under the Public Assistance program (already designated for Individual Assistance).</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13077 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4773-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Hoopa Valley Tribe; Major Disaster and Related Determinations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of the Presidential declaration of a major disaster for the Hoopa Valley Tribe (FEMA-4773-DR), dated April 19, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The declaration was issued April 19, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Dean Webster, Office of Response and Recovery, Federal Emergency 
                        <PRTPAGE P="50604"/>
                        Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that, in a letter dated April 19, 2024, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                    <E T="03">et seq.</E>
                     (the “Stafford Act”), as follows:
                </P>
                <EXTRACT>
                    <P>
                        I have determined that the damage to the lands associated with the Hoopa Valley Tribe resulting from a severe winter storm during the period of January 30 to January 31, 2024, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                        <E T="03">et seq.</E>
                         (the “Stafford Act”). Therefore, I declare that such a major disaster exists for the Hoopa Valley Tribe.
                    </P>
                    <P>In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.</P>
                    <P>You are authorized to provide Public Assistance and Hazard Mitigation for the Hoopa Valley Tribe. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance and Hazard Mitigation will be limited to 75 percent of the total eligible costs.</P>
                    <P>Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.</P>
                </EXTRACT>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Andrew F. Grant, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.</P>
                <P>The following areas have been designated as adversely affected by this major disaster:</P>
                <EXTRACT>
                    <P>The Hoopa Valley Tribe for Public Assistance.</P>
                    <P>The Hoopa Valley Tribe is eligible to apply for assistance under the Hazard Mitigation Grant Program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13105 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Docket ID FEMA-2024-0002]</DEPDOC>
                <SUBJECT>Changes in Flood Hazard Determinations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, Department of Homeland Security.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>New or modified Base (1-percent annual chance) Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, and/or regulatory floodways (hereinafter referred to as flood hazard determinations) as shown on the indicated Letter of Map Revision (LOMR) for each of the communities listed in the table below are finalized. Each LOMR revises the Flood Insurance Rate Maps (FIRMs), and in some cases the Flood Insurance Study (FIS) reports, currently in effect for the listed communities.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Each LOMR was finalized as in the table below.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Each LOMR is available for inspection at both the respective Community Map Repository address listed in the table below and online through the FEMA Map Service Center at 
                        <E T="03">https://msc.fema.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC 20472, (202) 646-7659, or (email) 
                        <E T="03">patrick.sacbibit@fema.dhs.gov;</E>
                         or visit the FEMA Mapping and Insurance eXchange (FMIX) online at 
                        <E T="03">https://www.floodmaps.fema.gov/fhm/fmx_main.html.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Federal Emergency Management Agency (FEMA) makes the final flood hazard determinations as shown in the LOMRs for each community listed in the table below. Notice of these modified flood hazard determinations has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification.</P>
                <P>
                    The modified flood hazard determinations are made pursuant to section 206 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 
                    <E T="03">et seq.,</E>
                     and with 44 CFR part 65. The currently effective community number is shown and must be used for all new policies and renewals.
                </P>
                <P>The new or modified flood hazard information is the basis for the floodplain management measures that the community is required either to adopt or to show evidence of being already in effect in order to remain qualified for participation in the National Flood Insurance Program (NFIP).</P>
                <P>This new or modified flood hazard information, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities.</P>
                <P>This new or modified flood hazard determinations are used to meet the floodplain management requirements of the NFIP. The changes in flood hazard determinations are in accordance with 44 CFR 65.4.</P>
                <P>
                    Interested lessees and owners of real property are encouraged to review the final flood hazard information available at the address cited below for each community or online through the FEMA Map Service Center at 
                    <E T="03">https://msc.fema.gov.</E>
                </P>
                <EXTRACT>
                    <FP>(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>Nicholas A. Shufro,</NAME>
                    <TITLE>Assistant Administrator (Acting) for Risk Management, Federal Emergency Management Agency, Department of Homeland Security.</TITLE>
                </SIG>
                <PRTPAGE P="50605"/>
                <GPOTABLE COLS="6" OPTS="L2,nj,tp0,p7,7/8,i1" CDEF="xs60,xl50,xl75,xl75,xs50,10">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">State and county</CHED>
                        <CHED H="1">Location and case No.</CHED>
                        <CHED H="1">Chief executive officer of community</CHED>
                        <CHED H="1">Community map repository</CHED>
                        <CHED H="1">
                            Date of
                            <LI>modification</LI>
                        </CHED>
                        <CHED H="1">Community No.</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="22">Colorado: </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Douglas (FEMA Docket No.: B-2418)</ENT>
                        <ENT>Town of Parker (23-08-0472P).</ENT>
                        <ENT>The Honorable Jeff Toborg, Mayor, Town of Parker, 20120 East Main Street, Parker, CO 80138.</ENT>
                        <ENT>Town Hall, 20120 East Main Street, Parker, CO 80138.</ENT>
                        <ENT>May 10, 2024</ENT>
                        <ENT>080310</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Summit (FEMA Docket No.: B-2424)</ENT>
                        <ENT>Town of Silverthorne (22-08-0673P).</ENT>
                        <ENT>The Honorable Ann-Marie Sandquist, Mayor, Town of Silverthorne, P.O. Box 1309, Silverthorne, CO 80498.</ENT>
                        <ENT>Town Hall, 601 Center Circle, Silverthorne, CO 80498.</ENT>
                        <ENT>May 13, 2024</ENT>
                        <ENT>080201</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Summit (FEMA Docket No.: B-2424)</ENT>
                        <ENT>Unincorporated areas of Summit County (22-08-0673P).</ENT>
                        <ENT>Tamara Pogue, Chair, Summit County Board of Commissioners, P.O. Box 68, Breckenridge, CO 80424.</ENT>
                        <ENT>Summit County Commons, 37 Peak One Drive, Frisco, CO 80443.</ENT>
                        <ENT>May 13, 2024</ENT>
                        <ENT>080290</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Weld (FEMA Docket No.: B-2424)</ENT>
                        <ENT>Town of Firestone (23-08-0123P).</ENT>
                        <ENT>The Honorable Drew Peterson, Mayor, Town of Firestone, 9950 Park Avenue, Firestone, CO 80504.</ENT>
                        <ENT>Town Hall, 9950 Park Avenue, Firestone, CO 80504.</ENT>
                        <ENT>May 20, 2024</ENT>
                        <ENT>080241</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Weld (FEMA Docket No.: B-2424)</ENT>
                        <ENT>Town of Frederick (23-08-0123P).</ENT>
                        <ENT>The Honorable Tracie Crites, Mayor, Town of Frederick, P.O. Box 435, Frederick, CO 80530.</ENT>
                        <ENT>Town Hall, 323 5th Street, Frederick, CO 80530.</ENT>
                        <ENT>May 20, 2024</ENT>
                        <ENT>080244</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Weld (FEMA Docket No.: B-2424)</ENT>
                        <ENT>Unincorporated areas of Weld County (23-08-0123P).</ENT>
                        <ENT>Mike Freeman, Chair, Weld County Board of Commissioners, P.O. Box 758, Greeley, CO 80631.</ENT>
                        <ENT>Weld County Commissioner's Office, 1150 O Street, Greeley, CO 80631.</ENT>
                        <ENT>May 20, 2024</ENT>
                        <ENT>080266</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22">Florida:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Lake (FEMA Docket No.: B-2413)</ENT>
                        <ENT>City of Mount Dora (24-04-0144P).</ENT>
                        <ENT>Patrick C. Comiskey, City of Mount Dora Manager, 510 North Baker Street, Mount Dora, FL 32757.</ENT>
                        <ENT>City Hall, 510 North Baker Street, Mount Dora, FL 32757.</ENT>
                        <ENT>May 16, 2024</ENT>
                        <ENT>120137</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Lake (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Unincorporated areas of Lake County (24-04-0144P).</ENT>
                        <ENT>Jennifer Barker, Lake County Manager, 315 West Main Street, Tavares, FL 32778.</ENT>
                        <ENT>Lake County Public Works Department, 323 North Sinclair Avenue, Tavares, FL 32778.</ENT>
                        <ENT>May 16, 2024</ENT>
                        <ENT>120421</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Monroe (FEMA Docket No.: B-2418)</ENT>
                        <ENT>City of Marathon(23-04-4681P).</ENT>
                        <ENT>The Honorable Robyn Still, Mayor, City of Marathon, 9805 Overseas Highway, Marathon, FL 33050.</ENT>
                        <ENT>City Hall, 9805 Overseas Highway, Marathon, FL 33050.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>120681</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Monroe (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Village of Islamorada (24-04-0111P).</ENT>
                        <ENT>The Honorable Joseph Buddy Pinder III, Mayor, Village of Islamorada, 86800 Overseas Highway, Islamorada, FL 33036.</ENT>
                        <ENT>Building Department, 86800 Overseas Highway, Islamorada, FL 33036.</ENT>
                        <ENT>May 22, 2024</ENT>
                        <ENT>120424</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Monroe (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Village of Islamorada (24-04-0168P).</ENT>
                        <ENT>The Honorable Joseph Buddy Pinder III, Mayor, Village of Islamorada, 86800 Overseas Highway, Islamorada, FL 33036.</ENT>
                        <ENT>Building Department, 86800 Overseas Highway, Islamorada, FL 33036.</ENT>
                        <ENT>May 24, 2024</ENT>
                        <ENT>120424</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Orange (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Unincorporated areas of Orange County (23-04-2986P).</ENT>
                        <ENT>The Honorable Jerry L. Demings, Mayor, Orange County, 201 South Rosalind Avenue, 5th Floor, Orlando, FL 32801.</ENT>
                        <ENT>Orange County Public Works Department, Stormwater Management Division, 4200 South John Young Parkway, Orlando, FL 32839.</ENT>
                        <ENT>May 20, 2024</ENT>
                        <ENT>120179</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Palm Beach (FEMA Docket No.: B-2424)</ENT>
                        <ENT>Unincorporated areas of Palm Beach County (23-04-4841P).</ENT>
                        <ENT>Verdenia C. Baker, Palm Beach County Administrator, 301 North Olive Avenue, West Palm Beach, FL 33401.</ENT>
                        <ENT>Palm Beach County Building Division, 2300 North Jog Road, Vista Center, 1st Floor, 1E-17, West Palm Beach, FL 33411.</ENT>
                        <ENT>May 13, 2024</ENT>
                        <ENT>120192</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Polk (FEMA Docket No.: B-2413)</ENT>
                        <ENT>City of Lakeland (23-04-4869P).</ENT>
                        <ENT>Shawn Sherrouse, City of Lakeland Manager, 228 South Massachusetts Avenue, Lakeland, FL 33801.</ENT>
                        <ENT>Public Works Division, 407 Fairway Avenue, Lakeland, FL 33801.</ENT>
                        <ENT>May 23, 2024</ENT>
                        <ENT>120267</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Polk (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Unincorporated areas of Polk County (23-04-4869P).</ENT>
                        <ENT>Bill Beasley, Polk County Manager, 330 West Church Street, Bartow, FL 33831.</ENT>
                        <ENT>Polk County Land Development Division, 330 West Church Street, Bartow, FL 33831.</ENT>
                        <ENT>May 23, 2024</ENT>
                        <ENT>120261</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Polk (FEMA Docket No.: B-2418)</ENT>
                        <ENT>Unincorporated areas of Polk County (23-04-5503P).</ENT>
                        <ENT>Bill Beasley, Polk County Manager, 330 West Church Street, Bartow, FL 33831.</ENT>
                        <ENT>Polk County Land Development Division, 330 West Church Street, Bartow, FL 33831.</ENT>
                        <ENT>May 16, 2024</ENT>
                        <ENT>120261</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">Georgia: DeKalb (FEMA Docket No.: B-2413)</ENT>
                        <ENT>City of Chamblee (23-04-3034P).</ENT>
                        <ENT>The Honorable Brian K. Mock, Mayor, City of Chamblee, 3518 Broad Street, Chamblee, GA 30341.</ENT>
                        <ENT>City Hall, 3518 Broad Street, Chamblee, GA 30341.</ENT>
                        <ENT>May 17, 2024</ENT>
                        <ENT>130066</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22">Maine: </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>City of Ellsworth (22-01-0657P).</ENT>
                        <ENT>Glenn Moshier, Manager, City of Ellsworth, 1 City Hall Plaza, Ellsworth, ME 04605.</ENT>
                        <ENT>City Hall, 1 City Hall Plaza, Ellsworth, ME 04605.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230066</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Amherst (22-01-0873P).</ENT>
                        <ENT>Westley Ellington, Selectman, Town of Amherst, P.O. Box 40, Aurora, ME 04408.</ENT>
                        <ENT>Town Hall, 572 Airline Road, Aurora, ME 04605.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230272</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Blue Hill (22-01-1014P).</ENT>
                        <ENT>Ellen Best, Chair, Town of Blue Hill Select Board, 18 Union Street, Blue Hill, ME 04614.</ENT>
                        <ENT>Town Hall, 18 Union Street, Blue Hill, ME 04614.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230274</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Bucksport (22-01-1017P).</ENT>
                        <ENT>The Honorable Peter L. Stewart, Mayor, Town of Bucksport, 766 State Route 46, Bucksport, ME 04416.</ENT>
                        <ENT>Town Hall, 50 Main Street, Bucksport, ME 04416.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230065</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Dedham (22-01-1013P).</ENT>
                        <ENT>Peter Merritt, Chair, Town of Dedham Selectmen, 2073 Main Road, Suite A, Dedham, ME 04429.</ENT>
                        <ENT>Town Hall, 2073 Main Road, Suite A, Dedham, ME 04429.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230279</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="50606"/>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Eastbrook (22-01-0871P).</ENT>
                        <ENT>Julie Curtis, First Selectman, Town of Eastbrook Board of Selectmen, 959 Eastbrook Road, Eastbrook, ME 04634.</ENT>
                        <ENT>Town Hall, 959 Eastbrook Road, Eastbrook, ME 04634.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230281</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Franklin (22-01-1012P).</ENT>
                        <ENT>Dawn R. Carter, Chair, Town of Franklin Select Board, P.O. Box 206, Franklin, ME 04634.</ENT>
                        <ENT>Town Hall, 34 Main Street, Franklin, ME 04634.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230282</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Gouldsboro (22-01-1019P).</ENT>
                        <ENT>Eve Wilkinson, Manager, Town of Gouldsboro, P.O. Box 68, Prospect Harbor, ME 04669.</ENT>
                        <ENT>Town Hall, 59 Main Street, Prospect Harbor, ME 04669.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230283</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Hancock (22-01-1012P).</ENT>
                        <ENT>John Bridges Jr., Chair, Town of Hancock Select Board, P.O. Box 68, Hancock, ME 04640.</ENT>
                        <ENT>Town Hall, 18 Point Road, Hancock, ME 04640.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230284</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Mariaville (22-01-0872P).</ENT>
                        <ENT>Ross Edgecomb, Chair, Town of Mariaville Select Board, 1686 Mariaville Road, Mariaville, ME 04605.</ENT>
                        <ENT>Town Hall, 1686 Mariaville Road, Mariaville, ME 04605.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230286</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Mariaville (22-01-0873P).</ENT>
                        <ENT>Ross Edgecomb, Chair, Town of Mariaville Select Board, 1686 Mariaville Road, Mariaville, ME 04605.</ENT>
                        <ENT>Town Hall, 1686 Mariaville Road, Mariaville, ME 04605.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230286</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Orland (22-01-1018P).</ENT>
                        <ENT>Edward Rankin, Sr., Chair, Town of Orland Board of Selectmen, P.O. Box 67, Orland, ME 04472.</ENT>
                        <ENT>Town Hall, 25 School House Road, Orland, ME 04472.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230288</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Osborn (22-01-0871P).</ENT>
                        <ENT>Greg Bassett, First Selectman, Town of Osborn Board of Selectmen, 197 Moose Hill Road, Osborn, ME 04605.</ENT>
                        <ENT>Town Hall, 197 Moose Hill Road, Osborn, ME 04605.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230595</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Otis (22-01-1013P).</ENT>
                        <ENT>James Dunn, Selectman, Town of Otis Select Board, 132 Otis Road, Otis, ME 04605.</ENT>
                        <ENT>Town Hall, 132 Otis Road, Otis, ME 04605.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230289</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Penobscot (22-01-1014P).</ENT>
                        <ENT>Harold Hatch, Chair, Town of Penobscot Select Board, P.O. Box 4, Penobscot, ME 04476.</ENT>
                        <ENT>Town Hall, 1 Southern Bay Road, Penobscot, ME 04476.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230290</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Sullivan (22-01-1019P).</ENT>
                        <ENT>Ray Weintraub, Manager, Town of Sullivan, 1888 U.S. Highway 1, Sullivan, ME 04664.</ENT>
                        <ENT>Town Hall, 1888 U.S. Highway 1, Sullivan, ME 04664.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230295</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Surry (22-01-1014P).</ENT>
                        <ENT>Mary Allen, Chair, Town of Surry Board of Selectmen, 741 North Bend Road, Surry, ME 04684.</ENT>
                        <ENT>Town Hall, 741 North Bend Road, Surry, ME 04684.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230296</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Waltham (22-01-0871P).</ENT>
                        <ENT>Stephen Jordan, First Selectman, Town of Waltham Board of Selectmen, 1520 Waltham Road, Waltham, ME 04605.</ENT>
                        <ENT>Waltham Municipal Building, 1520 Waltham Road, Waltham, ME 04605.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230301</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Town of Waltham (22-01-1010P).</ENT>
                        <ENT>Stephen Jordan, First Selectman, Town of Waltham Board of Selectmen, 1520 Waltham Road, Waltham, ME 04605.</ENT>
                        <ENT>Waltham Municipal Building, 1520 Waltham Road, Waltham, ME 04605.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230301</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Township of Fletcher's Landing (22-01-1012P).</ENT>
                        <ENT>Stacie R. Beyer, Executive Director, Maine Land Use Planning Commission, Township of Fletchers Landing, Harlow Building, 4th Floor, 18 Elkins Lane, Augusta, ME 04333.</ENT>
                        <ENT>Land Use Planning Commission, Harlow Building, 4th Floor, 18 Elkins Lane, Augusta, ME 04333.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230458</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Township of T07 SD (22-01-1019P).</ENT>
                        <ENT>Stacie R. Beyer, Executive Director, Maine Land Use Planning Commission, Township of T07 SD, Harlow Building, 4th Floor, 18 Elkins Lane, Augusta, ME 04333.</ENT>
                        <ENT>Land Use Planning Commission, Harlow Building, 4th Floor, 18 Elkins Lane, Augusta, ME 04333.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230598</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Township of T09 SD (22-01-1012P).</ENT>
                        <ENT>Stacie R. Beyer, Executive Director, Maine Land Use Planning Commission, Township of T09 SD, Harlow Building, 4th Floor, 18 Elkins Lane, Augusta, ME 04333.</ENT>
                        <ENT>Land Use Planning Commission, Harlow Building, 4th Floor, 18 Elkins Lane, Augusta, ME 04333.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230704</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Township of T10 SD (22-01-1019P).</ENT>
                        <ENT>Stacie R. Beyer, Executive Director, Maine Land Use Planning Commission, Harlow Building, 4th Floor, 18 Elkins Lane, Augusta, ME 04333.</ENT>
                        <ENT>Land Use Planning Commission, Harlow Building, 4th Floor, 18 Elkins Lane, Augusta, ME 04333.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230599</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Hancock (FEMA Docket No.: B-2413)</ENT>
                        <ENT>Township of T32 MD (22-01-0873P).</ENT>
                        <ENT>Stacie Beyer, Land Use Planning Commission Director, Maine Department of Agriculture, Conservation &amp; Forestry, 22 State House Station, 18 Elkins Lane, Augusta, ME 04333.</ENT>
                        <ENT>Land Use Planning Commission, 22 State House Station, 18 Elkins Lane, Augusta, ME 04333.</ENT>
                        <ENT>May 31, 2024</ENT>
                        <ENT>230706</ENT>
                    </ROW>
                    <ROW>
                        <PRTPAGE P="50607"/>
                        <ENT I="01">Tennessee: Davidson (FEMA Docket No.: B-2424)</ENT>
                        <ENT>Metropolitan Government of Nashville-Davidson County (23-04-4923P).</ENT>
                        <ENT>The Honorable Freddie O'Connell, Mayor, Metropolitan Government of Nashville-Davidson County, 1 Public Square, Suite 100, Nashville, TN 37201.</ENT>
                        <ENT>Metro Water Services Department, 1600 2nd Avenue North, Nashville, TN 37208.</ENT>
                        <ENT>Jun. 3, 2024</ENT>
                        <ENT>470040</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22">Texas:</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Collin (FEMA Docket No.: B-2418)</ENT>
                        <ENT>City of McKinney (23-06-2261P).</ENT>
                        <ENT>The Honorable George Fuller, Mayor, City of McKinney, P.O. Box 517, McKinney, TX 75070.</ENT>
                        <ENT>City Hall, 221 North Tennessee Street, McKinney, TX 75069.</ENT>
                        <ENT>May 20, 2024</ENT>
                        <ENT>480135</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Dallas (FEMA Docket No.: B-2424)</ENT>
                        <ENT>City of Irving (23-06-1892P).</ENT>
                        <ENT>The Honorable Rick Mayor, City of Irving, 825 West Irving Boulevard, Irving, TX 75060.</ENT>
                        <ENT>Capital Improvement Program, 825 West Irving Boulevard, Irving, TX 75060.</ENT>
                        <ENT>May 28, 2024</ENT>
                        <ENT>480180</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Denton (FEMA Docket No.: B-2418)</ENT>
                        <ENT>Town of Bartonville (23-06-1473P).</ENT>
                        <ENT>The Honorable Jaclyn Carrington, Mayor, Town of Bartonville, 1941 East Jeter Road, Bartonville, TX 76226.</ENT>
                        <ENT>Town Hall, 1941 East Jeter Road, Bartonville, TX 76226.</ENT>
                        <ENT>May 20, 2024</ENT>
                        <ENT>481501</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Denton (FEMA Docket No.: B-2418)</ENT>
                        <ENT>Town of Flower Mound (23-06-1473P).</ENT>
                        <ENT>The Honorable Derek France, Mayor, Town of Flower Mound, 2121 Cross Timbers Road, Flower Mound, TX 75028.</ENT>
                        <ENT>Town Hall, 2121 Cross Timbers Road, Flower Mound, TX 75028.</ENT>
                        <ENT>May 20, 2024</ENT>
                        <ENT>480777</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Ellis (FEMA Docket No.: B-2424)</ENT>
                        <ENT>City of Ennis (23-06-1837P).</ENT>
                        <ENT>The Honorable Angeline Juenemann, Mayor, City of Ennis, 107 North Sherman Street, Ennis, TX 75119.</ENT>
                        <ENT>City Hall, 107 North Sherman Street, Ennis, TX 75119.</ENT>
                        <ENT>Jun. 3, 2024</ENT>
                        <ENT>480207</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Ellis (FEMA Docket No.: B-2418)</ENT>
                        <ENT>Unincorporated areas of Ellis County (23-06-1679P).</ENT>
                        <ENT>The Honorable Todd Little, Ellis County Judge, 101 West Main Street, Waxahachie, TX 75165.</ENT>
                        <ENT>Ellis County Courts and Administration, 109 South Jackson Street, Waxahachie, TX 75165.</ENT>
                        <ENT>Jun. 3, 2024</ENT>
                        <ENT>480798</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Parker (FEMA Docket No.: B-2418)</ENT>
                        <ENT>Town of Annetta North (23-06-1246P).</ENT>
                        <ENT>The Honorable Robert Schmidt, Mayor, Town of Annetta North, P.O. Box 1238, Aledo, TX 76008.</ENT>
                        <ENT>Parker County Permitting Department, 1114 Santa Fe Drive, Weatherford, TX 76086.</ENT>
                        <ENT>May 13, 2024</ENT>
                        <ENT>481664</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Parker (FEMA Docket No.: B-2418)</ENT>
                        <ENT>Unincorporated areas of Parker County (23-06-1246P).</ENT>
                        <ENT>The Honorable Pat Deen, Parker County Judge, 1 Courthouse Square, Weatherford, TX 76086.</ENT>
                        <ENT>Parker County Courthouse, 1 Courthouse Square, Weatherford, TX 76086.</ENT>
                        <ENT>May 13, 2024</ENT>
                        <ENT>480520</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="03">Tarrant (FEMA Docket No.: B-2424)</ENT>
                        <ENT>City of Fort Worth (23-06-1892P).</ENT>
                        <ENT>The Honorable Mattie Parker, Mayor, City of Fort Worth, 200 Texas Street, Fort Worth, TX 76102.</ENT>
                        <ENT>Department of Transportation and Public Works, Engineering Vault and Map Repository, Fort Worth, TX 76102.</ENT>
                        <ENT>May 28, 2024</ENT>
                        <ENT>480596</ENT>
                    </ROW>
                </GPOTABLE>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13142 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9110-12-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4751-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Tennessee; Amendment No. 3 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Tennessee (FEMA-4751-DR), dated December 13, 2023, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This change occurred on April 5, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Leda M. Khoury, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.</P>
                <P>This action terminates the appointment of Yolanda J. Jackson as Federal Coordinating Officer for this disaster.</P>
                <EXTRACT>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13092 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4776-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Oklahoma; Amendment No. 4 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-4776-DR), dated April 30, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 10, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Notice is hereby given that the incident period for this disaster is closed effective May 9, 2024.</P>
                <EXTRACT>
                    <P>
                        The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora 
                        <PRTPAGE P="50608"/>
                        Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.
                    </P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13112 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4776-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Oklahoma; Amendment No. 3 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-4776-DR), dated April 30, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 9, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of April 30, 2024.</P>
                <EXTRACT>
                    <P>Pontotoc and Osage Counties for Individual Assistance.</P>
                    <P>Osage County for debris removal and emergency protective measures (Categories A and B), including direct federal assistance under the Public Assistance program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13111 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4777-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Ohio; Major Disaster and Related Determinations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of the Presidential declaration of a major disaster for the State of Ohio (FEMA-4777-DR), dated May 2, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The declaration was issued May 2, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that, in a letter dated May 2, 2024, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                    <E T="03">et seq.</E>
                     (the “Stafford Act”), as follows:
                </P>
                <EXTRACT>
                    <P>
                        I have determined that the damage in certain areas of the State of Ohio resulting from tornadoes on March 14, 2024, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                        <E T="03">et seq.</E>
                         (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of Ohio.
                    </P>
                    <P>In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.</P>
                    <P>You are authorized to provide Individual Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation and Other Needs Assistance under section 408 will be limited to 75 percent of the total eligible costs.</P>
                    <P>Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.</P>
                </EXTRACT>
                <P>The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration.</P>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Toney L. Raines, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.</P>
                <P>The following areas of the State of Ohio have been designated as adversely affected by this major disaster:</P>
                <EXTRACT>
                    <P>Auglaize, Crawford, Darke, Delaware, Hancock, Licking, Logan, Mercer, Miami, Richland, and Union Counties for Individual Assistance.</P>
                    <P>All areas within the State of Ohio are eligible for assistance under the Hazard Mitigation Grant Program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13083 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="50609"/>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4776-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Oklahoma; Amendment No. 1 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-4776-DR), dated April 30, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 3, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of April 30, 2024.</P>
                <EXTRACT>
                    <P>Carter County for Individual Assistance.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13109 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4776-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Oklahoma; Amendment No. 8 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-4776-DR), dated April 30, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 22, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of April 30, 2024.</P>
                <EXTRACT>
                    <P>Okfuskee, Kay, Lincoln, Pottawatomie, and Washington Counties Individual Assistance.</P>
                    <P>Osage County for permanent work [Categories C-G] (already designated for Individual Assistance and assistance for debris removal and emergency protective measures [Categories A and B], including direct federal assistance, under the Public Assistance program.)</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13096 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4768-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Oregon; Amendment No. 1 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Oregon (FEMA-4768-DR), dated April 13, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 23, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Oregon is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of April 13, 2024.</P>
                <EXTRACT>
                    <P>Yamhill County for Public Assistance.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13101 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="50610"/>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4766-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Rhode Island; Amendment No. 1 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Rhode Island (FEMA-4766-DR), dated March 20, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 9, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Rhode Island is hereby amended to include Public Assistance for the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of March 20, 2024.</P>
                <EXTRACT>
                    <P>Kent and Washington Counties for Public Assistance (already designated for Individual Assistance).</P>
                    <P>Newport County for Public Assistance.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13093 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4781-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Texas; Major Disaster and Related Determinations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of the Presidential declaration of a major disaster for the State of Texas (FEMA-4781-DR), dated May 17, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The declaration was issued May 17, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that, in a letter dated May 17, 2024, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                    <E T="03">et seq.</E>
                     (the “Stafford Act”), as follows:
                </P>
                <EXTRACT>
                    <P>
                        I have determined that the damage in certain areas of the State of Texas resulting from severe storms, straight-line winds, tornadoes, and flooding beginning on April 26, 2024, and continuing, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                        <E T="03">et seq.</E>
                         (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of Texas.
                    </P>
                    <P>In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.</P>
                    <P>You are authorized to provide Individual Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation and Other Needs Assistance under section 408 will be limited to 75 percent of the total eligible costs.</P>
                    <P>Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.</P>
                </EXTRACT>
                <P>The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration.</P>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Benjamin Abbott, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.</P>
                <P>The following areas of the State of Texas have been designated as adversely affected by this major disaster:</P>
                <EXTRACT>
                    <P>Harris, Liberty, Montgomery, Polk, San Jacinto, Trinity, and Walker Counties for Individual Assistance.</P>
                    <P>All areas within the State of Texas are eligible for assistance under the Hazard Mitigation Grant Program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13078 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4776-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Oklahoma; Amendment No. 11 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-4776-DR), dated April 30, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 30, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <PRTPAGE P="50611"/>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of April 30, 2024.</P>
                <EXTRACT>
                    <P>Craig, McClain, Nowata, and Ottawa Counties for Individual Assistance.</P>
                    <P>Johnston County for Individual Assistance (already designated for Public Assistance).</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13084 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4781-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Texas; Amendment No. 2 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-4781-DR), dated May 17, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 21, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Texas is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of May 17, 2024.</P>
                <EXTRACT>
                    <P>Eastland, Hardin, Jasper, Jones, Lamar, and Waller Counties for Individual Assistance.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13076 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4778-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Nebraska; Amendment No. 1 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Nebraska (FEMA-4778-DR), dated May 3, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 29, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Nebraska is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of May 3, 2024.</P>
                <EXTRACT>
                    <P>Boone, Greeley, Howard, and Sherman Counties for Public Assistance.</P>
                    <P>Douglas and Washington Counties for permanent work [Categories C-G] (already designated for debris removal and emergency protective measures [Categories A and B] under the Public Assistance program).</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13081 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4729-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Tennessee; Amendment No. 2 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Tennessee (FEMA-4729-DR), dated August 17, 2023, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This change occurred on April 5, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Leda M. Khoury, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.</P>
                <P>This action terminates the appointment of Yolanda J. Jackson as Federal Coordinating Officer for this disaster.</P>
                <EXTRACT>
                    <PRTPAGE P="50612"/>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13089 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4776-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Oklahoma; Major Disaster and Related Determinations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of the Presidential declaration of a major disaster for the State of Oklahoma (FEMA-4776-DR), dated April 30, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The declaration was issued April 30, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that, in a letter dated April 30, 2024, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                    <E T="03">et seq.</E>
                     (the “Stafford Act”), as follows:
                </P>
                <EXTRACT>
                    <P>
                        I have determined that the damage in the State of Oklahoma resulting from severe storms, straight-line winds, tornadoes, and flooding beginning on April 25, 2024, and continuing, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                        <E T="03">et seq.</E>
                         (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of Oklahoma.
                    </P>
                    <P>In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.</P>
                    <P>You are authorized to provide Individual Assistance and assistance for debris removal and emergency protective measures (Categories A and B), including direct Federal assistance, under the Public Assistance program in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance, Hazard Mitigation, and Other Needs Assistance under section 408 will be limited to 75 percent of the total eligible costs.</P>
                    <P>Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.</P>
                </EXTRACT>
                <P>The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration.</P>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Benjamin Abbott, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.</P>
                <P>The following areas of the State of Oklahoma have been designated as adversely affected by this major disaster:</P>
                <EXTRACT>
                    <P>Hughes, Love, and Murray Counties for Individual Assistance.</P>
                    <P>A Hughes, Love, and Murray Counties for debris removal and emergency protective measures (Categories A and B), including direct federal assistance, under the Public Assistance program.</P>
                    <P>All areas within the State of Oklahoma are eligible for assistance under the Hazard Mitigation Grant Program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13108 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4776-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Oklahoma; Amendment No. 10 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-4776-DR), dated April 30, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 28, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of April 30, 2024.</P>
                <EXTRACT>
                    <P>Coal and Haskell Counties for Public Assistance.</P>
                    <P>Kay, Okfuskee, and Washington Counties for Public Assistance (already designated for Individual Assistance).</P>
                    <P>
                        The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance 
                        <PRTPAGE P="50613"/>
                        (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.
                    </P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13094 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4776-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Oklahoma; Amendment No. 7 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-4776-DR), dated April 30, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 17, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of April 30, 2024.</P>
                <EXTRACT>
                    <P>Johnston, Pittsburg, and Tillman Counties for Public Assistance.</P>
                    <P>Pontotoc and Washita Counties for Public Assistance (already designated for Individual Assistance).</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13097 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4772-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Morongo Band of Mission Indians; Major Disaster and Related Determinations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of the Presidential declaration of a major disaster for the Morongo Band of Mission Indians (FEMA-4772-DR), dated April 19, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The declaration was issued April 19, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that, in a letter dated April 19, 2024, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                    <E T="03">et seq.</E>
                     (the “Stafford Act”), as follows:
                </P>
                <EXTRACT>
                    <P>
                        I have determined that the damage to the lands associated with the Morongo Band of Mission Indians resulting from severe storms and flooding during the period of January 31 to February 9, 2024, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                        <E T="03">et seq.</E>
                         (the “Stafford Act”). Therefore, I declare that such a major disaster exists for the Morongo Band of Mission Indians.
                    </P>
                    <P>In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.</P>
                    <P>You are authorized to provide Public Assistance and Hazard Mitigation for the Morongo Band of Mission Indians. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance and Hazard Mitigation will be limited to 75 percent of the total eligible costs.</P>
                    <P>Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.</P>
                </EXTRACT>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Andrew F. Grant, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.</P>
                <P>The following areas have been designated as adversely affected by this major disaster:</P>
                <EXTRACT>
                    <P>Morongo Band of Mission Indians for Public Assistance.</P>
                    <P>The Morongo Band of Mission Indians is eligible to apply for assistance under the Hazard Mitigation Grant Program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13104 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4776-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Oklahoma; Amendment No. 9 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-4776-DR), dated April 30, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This change occurred on May 17, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Dean Webster, Office of Response and 
                        <PRTPAGE P="50614"/>
                        Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Maona N. Ngwira, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.</P>
                <P>This action terminates the appointment of Benjamin Abbott as Federal Coordinating Officer for this disaster.</P>
                <EXTRACT>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13095 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4775-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Washington; Major Disaster and Related Determinations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of the Presidential declaration of a major disaster for the State of Washington (FEMA-4775-DR), dated April 28, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The declaration was issued April 28, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that, in a letter dated April 28, 2024, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                    <E T="03">et seq.</E>
                     (the “Stafford Act”), as follows:
                </P>
                <EXTRACT>
                    <P>
                        I have determined that the damage in certain areas of the State of Washington resulting from severe winter storms, straight-line winds, flooding, landslides, and mudslides during the period of January 5 to January 29, 2024, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                        <E T="03">et seq.</E>
                         (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of Washington.
                    </P>
                    <P>In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.</P>
                    <P>You are authorized to provide Public Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance and Hazard Mitigation will be limited to 75 percent of the total eligible costs.</P>
                    <P>Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.</P>
                </EXTRACT>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Lance E. Davis, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.</P>
                <P>The following areas of the State of Washington have been designated as adversely affected by this major disaster:</P>
                <EXTRACT>
                    <P>Clallam, Clark, Cowlitz, Ferry, Grays Harbor, Island, Jefferson, King, Klickitat, Lewis, Mason, Okanogan, Pacific, Skagit, Skamania, and Wahkiakum Counties and the Confederated Tribes of the Colville Reservation for Public Assistance.</P>
                    <P>All areas within the State of Washington are eligible for assistance under the Hazard Mitigation Grant Program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator,Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13107 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4774-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Kansas; Major Disaster and Related Determinations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of the Presidential declaration of a major disaster for the State of Kansas (FEMA-4774-DR), dated April 28, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The declaration was issued April 28, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that, in a letter dated April 28, 2024, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                    <E T="03">et seq.</E>
                     (the “Stafford Act”), as follows:
                </P>
                <EXTRACT>
                    <P>
                        I have determined that the damage in certain areas of the State of Kansas resulting from a severe winter storm during the period of January 8 to January 16, 2024, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                        <E T="03">et seq.</E>
                         (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of Kansas.
                    </P>
                    <P>In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.</P>
                    <P>
                        You are authorized to provide Public Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance and Hazard Mitigation will be limited to 75 percent of the total eligible costs.
                        <PRTPAGE P="50615"/>
                    </P>
                    <P>Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.</P>
                </EXTRACT>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, DuWayne Tewes, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.</P>
                <P>The following areas of the State of Kansas have been designated as adversely affected by this major disaster:</P>
                <EXTRACT>
                    <P>Butler, Chase, Cloud, Edwards, Ford, Geary, Gray, Hodgeman, Morris, Osage, Ottawa, Pawnee, Shawnee, Stafford, Trego, and Wabaunsee Counties for Public Assistance.</P>
                    <P>All areas within the State of Kansas are eligible for assistance under the Hazard Mitigation Grant Program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13106 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4735-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Tennessee; Amendment No. 1 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Tennessee (FEMA-4735-DR), dated September 4, 2023, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This change occurred on April 5, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Leda M. Khoury, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.</P>
                <P>This action terminates the appointment of Yolanda J. Jackson as Federal Coordinating Officer for this disaster.</P>
                <EXTRACT>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13090 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4712-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Tennessee; Amendment No. 2 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Tennessee (FEMA-4712-DR), dated May 17, 2023, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This change occurred on April 5, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Leda M. Khoury, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.</P>
                <P>This action terminates the appointment of Yolanda J. Jackson as Federal Coordinating Officer for this disaster.</P>
                <EXTRACT>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13088 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4742-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Tennessee; Amendment No. 1 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Tennessee (FEMA-4742-DR), dated September 27, 2023, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This change occurred on April 5, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the 
                    <PRTPAGE P="50616"/>
                    Administrator, under Executive Order 12148, as amended, Leda M. Khoury, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.
                </P>
                <P>This action terminates the appointment of Yolanda J. Jackson as Federal Coordinating Officer for this disaster.</P>
                <EXTRACT>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13091 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4691-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Tennessee; Amendment No. 3 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Tennessee (FEMA-4691-DR), dated March 8, 2023, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This change occurred on April 5, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Leda M. Khoury, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.</P>
                <P>This action terminates the appointment of Yolanda J. Jackson as Federal Coordinating Officer for this disaster.</P>
                <EXTRACT>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13086 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4776-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Oklahoma; Amendment No. 6 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-4776-DR), dated April 30, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 16, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include permanent work under the Public Assistance program for those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of April 30, 2024.</P>
                <EXTRACT>
                    <P>Hughes, Love, Murray, and Okmulgee Counties for permanent work [Categories C-G] (already designated for Individual Assistance and assistance for debris removal and emergency protective measures [Categories A and B], including direct federal assistance, under the Public Assistance program.</P>
                    <P>Carter County for Public Assistance (already designated for Individual Assistance).</P>
                    <P>Cotton County for Public Assistance.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13098 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4776-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Oklahoma; Amendment No. 2 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-4776-DR), dated April 30, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 7, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of April 30, 2024.</P>
                <EXTRACT>
                    <PRTPAGE P="50617"/>
                    <P>Okmulgee County for Individual Assistance.</P>
                    <P>Okmulgee County for debris removal and emergency protective measures (Categories A and B), including direct federal assistance under the Public Assistance program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13110 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4770-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Vermont; Major Disaster and Related Determinations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of the Presidential declaration of a major disaster for the State of Vermont (FEMA-4770-DR), dated April 19, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The declaration was issued April 19, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that, in a letter dated April 19, 2024, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                    <E T="03">et seq.</E>
                     (the “Stafford Act”), as follows:
                </P>
                <EXTRACT>
                    <P>
                        I have determined that the damage in certain areas of the State of Vermont resulting from a severe winter storm during the period of January 9 to January 13, 2024, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                        <E T="03">et seq.</E>
                         (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of Vermont.
                    </P>
                    <P>In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.</P>
                    <P>You are authorized to provide Public Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance and Hazard Mitigation will be limited to 75 percent of the total eligible costs.</P>
                    <P>Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.</P>
                </EXTRACT>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, William F. Roy, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.</P>
                <P>The following areas of the State of Vermont have been designated as adversely affected by this major disaster:</P>
                <EXTRACT>
                    <P>Chittenden, Essex, Franklin, Lamoille, and Orleans Counties for Public Assistance.</P>
                    <P>All areas within the State of Vermont are eligible for assistance under the Hazard Mitigation Grant Program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13102 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4701-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Tennessee; Amendment No. 3 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Tennessee (FEMA-4701-DR), dated April 7, 2023, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This change occurred on April 5, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Leda M. Khoury, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.</P>
                <P>This action terminates the appointment of Yolanda J. Jackson as Federal Coordinating Officer for this disaster.</P>
                <EXTRACT>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13087 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="50618"/>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4781-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Texas; Amendment No. 4 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-4781-DR), dated May 17, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 23, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Texas is hereby amended to include Public Assistance for the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of May 17, 2024.</P>
                <EXTRACT>
                    <P>Harris, Liberty, Montgomery, Polk, San Jacinto, Trinity, and Walker Counties for all categories of Public Assistance (already designated for Individual Assistance and assistance for emergency protective measures [Category B], limited to direct federal assistance, under the Public Assistance program).</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13074 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4776-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Oklahoma; Amendment No. 11 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-4776-DR), dated April 30, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 30, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of April 30, 2024.</P>
                <EXTRACT>
                    <P>Craig, McClain, Nowata, and Ottawa Counties for Individual Assistance.</P>
                    <P>Johnston County for Individual Assistance (already designated for Public Assistance).</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13075 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4771-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>New Hampshire; Major Disaster and Related Determinations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of the Presidential declaration of a major disaster for the State of New Hampshire (FEMA-4771-DR), dated April 19, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The declaration was issued April 19, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that, in a letter dated April 19, 2024, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                    <E T="03">et seq.</E>
                     (the “Stafford Act”), as follows:
                </P>
                <EXTRACT>
                    <P>
                        I have determined that the damage in certain areas of the State of New Hampshire resulting from severe storms and flooding during the period of January 9 to January 14, 2024, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                        <E T="03">et seq.</E>
                         (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of New Hampshire.
                    </P>
                    <P>In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.</P>
                    <P>You are authorized to provide Public Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Public Assistance and Hazard Mitigation will be limited to 75 percent of the total eligible costs.</P>
                    <P>Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.</P>
                </EXTRACT>
                <P>
                    The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, William F. Roy, of FEMA is appointed to act as the Federal 
                    <PRTPAGE P="50619"/>
                    Coordinating Officer for this major disaster.
                </P>
                <P>The following areas of the State of New Hampshire have been designated as adversely affected by this major disaster:</P>
                <EXTRACT>
                    <P>Grafton and Rockingham Counties for Public Assistance.</P>
                    <P>All areas within the State of New Hampshire are eligible for assistance under the Hazard Mitigation Grant Program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13103 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4780-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Massachusetts; Major Disaster and Related Determinations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of the Presidential declaration of a major disaster for the Commonwealth of Massachusetts (FEMA-4780-DR), dated May 15, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The declaration was issued May 15, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that, in a letter dated May 15, 2024, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                    <E T="03">et seq.</E>
                     (the “Stafford Act”), as follows:
                </P>
                <EXTRACT>
                    <P>
                        I have determined that the damage in certain areas of the Commonwealth of Massachusetts resulting from severe storms and flooding during the period of September 11 to September 13, 2023, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                        <E T="03">et seq.</E>
                         (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the Commonwealth of Massachusetts.
                    </P>
                    <P>In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.</P>
                    <P>You are authorized to provide Individual Assistance in the designated areas and Hazard Mitigation throughout the Commonwealth. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation and Other Needs Assistance under section 408 will be limited to 75 percent of the total eligible costs.</P>
                    <P>Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.</P>
                </EXTRACT>
                <P>The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration.</P>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Robert V. Fogel, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.</P>
                <P>The following areas of the Commonwealth of Massachusetts have been designated as adversely affected by this major disaster:</P>
                <EXTRACT>
                    <P>Bristol and Worcester Counties for Individual Assistance.</P>
                    <P>All areas within the Commonwealth of Massachusetts are eligible for assistance under the Hazard Mitigation Grant Program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13079 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4776-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Oklahoma; Amendment No. 5 to Notice of a Major Disaster Declaration</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This notice amends the notice of a major disaster declaration for the State of Oklahoma (FEMA-4776-DR), dated April 30, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This amendment was issued May 13, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The notice of a major disaster declaration for the State of Oklahoma is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of April 30, 2024.</P>
                <EXTRACT>
                    <P>Washita County for Individual Assistance.</P>
                    <P>
                        The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance 
                        <PRTPAGE P="50620"/>
                        (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.
                    </P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13099 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>Federal Emergency Management Agency</SUBAGY>
                <DEPDOC>[Internal Agency Docket No. FEMA-4779-DR; Docket ID FEMA-2024-0001]</DEPDOC>
                <SUBJECT>Iowa; Major Disaster and Related Determinations</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Federal Emergency Management Agency, DHS.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>This is a notice of the Presidential declaration of a major disaster for the State of Iowa (FEMA-4779-DR), dated May 14, 2024, and related determinations.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The declaration was issued May 14, 2024.</P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    Notice is hereby given that, in a letter dated May 14, 2024, the President issued a major disaster declaration under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                    <E T="03">et seq.</E>
                     (the “Stafford Act”), as follows:
                </P>
                <EXTRACT>
                    <P>
                        I have determined that the damage in certain areas of the State of Iowa resulting from severe storms and tornadoes during the period of April 26 to April 27, 2024, is of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 
                        <E T="03">et seq.</E>
                         (the “Stafford Act”). Therefore, I declare that such a major disaster exists in the State of Iowa.
                    </P>
                    <P>In order to provide Federal assistance, you are hereby authorized to allocate from funds available for these purposes such amounts as you find necessary for Federal disaster assistance and administrative expenses.</P>
                    <P>You are authorized to provide Individual Assistance in the designated areas and Hazard Mitigation throughout the State. Consistent with the requirement that Federal assistance be supplemental, any Federal funds provided under the Stafford Act for Hazard Mitigation and Other Needs Assistance under section 408 will be limited to 75 percent of the total eligible costs.</P>
                    <P>Further, you are authorized to make changes to this declaration for the approved assistance to the extent allowable under the Stafford Act.</P>
                </EXTRACT>
                <P>The time period prescribed for the implementation of section 310(a), Priority to Certain Applications for Public Facility and Public Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed six months after the date of this declaration.</P>
                <P>The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, DuWayne Tewes, of FEMA is appointed to act as the Federal Coordinating Officer for this major disaster.</P>
                <P>The following areas of the State of Iowa have been designated as adversely affected by this major disaster:</P>
                <EXTRACT>
                    <P>Clarke, Harrison, Mills, Polk, Pottawattamie, Ringgold, Shelby, and Union Counties for Individual Assistance.</P>
                    <P>All areas within the State of Iowa are eligible for assistance under the Hazard Mitigation Grant Program.</P>
                    <P>The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.</P>
                </EXTRACT>
                <SIG>
                    <NAME>Deanne Criswell,</NAME>
                    <TITLE>Administrator, Federal Emergency Management Agency.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13080 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-23-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>U.S. Citizenship and Immigration Services</SUBAGY>
                <DEPDOC>[OMB Control Number 1615-0091]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Revision of a Currently Approved Collection: Application for Replacement Naturalization/Citizenship Document</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Citizenship and Immigration Services, Department of Homeland Security.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>60-Day notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) invites the general public and other Federal agencies to comment upon this proposed revision of a currently approved collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, the information collection notice is published in the 
                        <E T="04">Federal Register</E>
                         to obtain comments regarding the nature of the information collection, the categories of respondents, the estimated burden (
                        <E T="03">i.e.,</E>
                         the time, effort, and resources used by the respondents to respond), the estimated cost to the respondent, and the actual information collection instruments.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments are encouraged and will be accepted for 60 days until August 13, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        All submissions received must include the OMB Control Number 1615-0091 in the body of the letter, the agency name and Docket ID USCIS-2006-0052. Submit comments via the Federal eRulemaking Portal website at 
                        <E T="03">https://www.regulations.gov</E>
                         under e-Docket ID number USCIS-2006-0052.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        USCIS, Office of Policy and Strategy, Regulatory Coordination Division, Samantha Deshommes, Chief, telephone number (240) 721-3000 (This is not a toll-free number. Comments are not accepted via telephone message.). Please note contact information provided here is solely for questions regarding this notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online, available at the USCIS website at 
                        <E T="03">https://www.uscis.gov,</E>
                         or call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>
                    You may access the information collection instrument with instructions or additional information by visiting the Federal eRulemaking Portal site at: 
                    <E T="03">https://www.regulations.gov</E>
                     and entering USCIS-2006-0052 in the search box. Comments must be submitted in English, or an English translation must be provided. All submissions will be posted, without change, to the Federal eRulemaking Portal at 
                    <E T="03">https://www.regulations.gov,</E>
                     and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any 
                    <PRTPAGE P="50621"/>
                    voluntary submission you make to DHS. DHS may withhold information provided in comments from public viewing that it determines may impact the privacy of an individual or is offensive. For additional information, please read the Privacy Act notice that is available via the link in the footer of 
                    <E T="03">https://www.regulations.gov.</E>
                </P>
                <P>Written comments and suggestions from the public and affected agencies should address one or more of the following four points:</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 submission of responses.
                </P>
                <HD SOURCE="HD1">Overview of This Information Collection</HD>
                <P>
                    (1) 
                    <E T="03">Type of Information Collection:</E>
                     Revision of a Currently Approved Collection.
                </P>
                <P>
                    (2) 
                    <E T="03">Title of the Form/Collection:</E>
                     Application for Replacement Naturalization/Citizenship Document.
                </P>
                <P>
                    (3) 
                    <E T="03">Agency form number, if any, and the applicable component of the DHS sponsoring the collection:</E>
                     N-565; USCIS.
                </P>
                <P>
                    (4) 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract: Primary:</E>
                     Individuals or households. USCIS uses Form N-565 to determine the applicant's eligibility for a replacement document. An applicant may file for a replacement if they were issued one of the documents described above and it was lost, mutilated, or destroyed; if the document is incorrect due to a typographical or clerical error by USCIS; if the applicant's name was changed by a marriage, divorce, annulment, or court order after the document was issued and the applicant now seeks a document in the new name; or if the applicant is seeking a change of the gender listed on their document. The only document that can be replaced on the basis of a change to the applicant's date of birth, as evidenced by a court order or a document issued by the U.S. government or the government of a U.S. state, is the Certificate of Citizenship. If the applicant is a naturalized citizen who desires to obtain recognition as a citizen of the United States by a foreign country, he or she may apply for a special certificate for that purpose.
                </P>
                <P>USCIS may request that applicants who reside within the United States attend an appointment at a USCIS Application Support Center to have a photograph taken. USCIS may also require applicants to submit additional biometrics under 8 CFR 103.2(b)(9).</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 estimated total number of respondents for the information collection N-565 (paper) is 15,150 and the estimated hour burden per response is 0.967 hours; The estimated total number of respondents for the information collection N-565 (e-file) is 15,150 and the estimated hour burden per response is 0.737 hours; The estimated total number of respondents for the information collection Biometrics Submission is 30,300 and the estimated hour burden per response is 1.17 hours.
                </P>
                <P>
                    (6) 
                    <E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>
                     The total estimated annual hour burden associated with this collection is 61,267 hours.
                </P>
                <P>
                    (7) 
                    <E T="03">An estimate of the total public burden (in cost) associated with the collection:</E>
                     The estimated total annual cost burden associated with this collection of information is $3,901,125.
                </P>
                <SIG>
                    <DATED>Dated: June 7, 2024.</DATED>
                    <NAME>Samantha L. Deshommes,</NAME>
                    <TITLE>Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13126 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-97-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>U.S. Citizenship and Immigration Services</SUBAGY>
                <DEPDOC>[OMB Control Number 1615-0136]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Revision of a Currently Approved Collection: Application for Significant Public Benefit Entrepreneur Parole and Instructions for Biographic Information for Entrepreneur Parole Dependents</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Citizenship and Immigration Services, Department of Homeland Security.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>60-Day notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The Department of Homeland Security (DHS), U.S. Citizenship and Immigration (USCIS) invites the general public and other Federal agencies to comment upon this proposed extension of a currently approved collection of information. In accordance with the Paperwork Reduction Act (PRA) of 1995, the information collection notice is published in the 
                        <E T="04">Federal Register</E>
                         to obtain comments regarding the nature of the information collection, the categories of respondents, the estimated burden (
                        <E T="03">i.e.</E>
                         the time, effort, and resources used by the respondents to respond), the estimated cost to the respondent, and the actual information collection instruments.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments are encouraged and will be accepted for 60 days until August 13, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        All submissions received must include the OMB Control Number 1615-0136 in the body of the letter, the agency name and Docket ID USCIS-2016-0005. Comments must be submitted in English, or an English translation must be provided. Submit comments via the Federal eRulemaking Portal website at 
                        <E T="03">http://www.regulations.gov</E>
                         under e-Docket ID number USCIS-2016-0005.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        USCIS, Office of Policy and Strategy, Regulatory Coordination Division, Samantha Deshommes, Chief, telephone number (240) 721-3000 (This is not a toll-free number. Comments are not accepted via telephone message). Please note contact information provided here is solely for questions regarding this notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online, available at the USCIS website at 
                        <E T="03">https://www.uscis.gov,</E>
                         or call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <PRTPAGE P="50622"/>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>
                    You may access the information collection instrument with instructions, or additional information by visiting the Federal eRulemaking Portal site at: 
                    <E T="03">http://www.regulations.gov</E>
                     and enter USCIS-2016-0005 in the search box. Comments must be submitted in English, or an English translation must be provided. All submissions will be posted, without change, to the Federal eRulemaking Portal at 
                    <E T="03">http://www.regulations.gov,</E>
                     and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. DHS may withhold information provided in comments from public viewing that it determines may impact the privacy of an individual or is offensive. For additional information, please read the Privacy Act notice that is available via the link in the footer of 
                    <E T="03">http://www.regulations.gov.</E>
                </P>
                <P>Written comments and suggestions from the public and affected agencies should address one or more of the following four points:</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 submission of responses.
                </P>
                <HD SOURCE="HD1">Overview of This Information Collection</HD>
                <P>
                    (1) 
                    <E T="03">Type of Information Collection:</E>
                     Revision of a Currently Approved Collection.
                </P>
                <P>
                    (2) 
                    <E T="03">Title of the Form/Collection:</E>
                     Application for Significant Public Benefit Entrepreneur Parole and Instructions for Biographic Information for Entrepreneur Parole Dependents.
                </P>
                <P>
                    (3) 
                    <E T="03">Agency form number, if any, and the applicable component of the DHS sponsoring the collection:</E>
                     Form I-941; USCIS.
                </P>
                <P>
                    (4) 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract: Primary:</E>
                     Individuals or households. Entrepreneurs can use this form to make an initial request for parole based upon significant public benefit; make a subsequent request for parole for an additional period; or file an amended application to notify USCIS of a material change.
                </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 estimated total number of respondents for the information collection I-941 is 2,940 and the estimated hour burden per response is 4.067 hours. The estimated total number of respondents for the biometric processing is 2,940 and the estimated hour burden per response is 1.17 hours.
                </P>
                <P>
                    (6) 
                    <E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>
                     The total estimated annual hour burden associated with this collection is 15,397 hours.
                </P>
                <P>
                    (7) 
                    <E T="03">An estimate of the total public burden (in cost) associated with the collection:</E>
                     The estimated total annual cost burden associated with this collection of information is $1,440,600.
                </P>
                <SIG>
                    <DATED>Dated: June 7, 2024.</DATED>
                    <NAME>Samantha L. Deshommes,</NAME>
                    <TITLE>Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13060 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-97-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF HOMELAND SECURITY</AGENCY>
                <SUBAGY>U.S. Citizenship and Immigration Services</SUBAGY>
                <DEPDOC>[OMB Control Number 1615-1615-0060]</DEPDOC>
                <SUBJECT>Agency Information Collection Activities; Extension, Without Change, of a Currently Approved Collection: Medical Certification for Disability Exceptions</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. Citizenship and Immigration Services, Department of Homeland Security.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>30-Day notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The purpose of this notice is to allow an additional 30 days for public comments.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments are encouraged and will be accepted until July 15, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, must be submitted via the Federal eRulemaking Portal website at 
                        <E T="03">http://www.regulations.gov</E>
                         under e-Docket ID number USCIS-2008-0021. All submissions received must include the OMB Control Number 1615-0060 in the body of the letter, the agency name and Docket ID USCIS-2008-0021.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        USCIS, Office of Policy and Strategy, Regulatory Coordination Division, Samantha Deshommes, Chief, telephone number (240) 721-3000 (This is not a toll-free number; comments are not accepted via telephone message.). Please note contact information provided here is solely for questions regarding this notice. It is not for individual case status inquiries. Applicants seeking information about the status of their individual cases can check Case Status Online, available at the USCIS website at 
                        <E T="03">http://www.uscis.gov,</E>
                         or call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Comments</HD>
                <P>
                    The information collection notice was previously published in the 
                    <E T="04">Federal Register</E>
                     on February 29, 2024, at 89 FR 14897, allowing for a 60-day public comment period. USCIS did receive 4 comments in connection with the 60-day notice.
                </P>
                <P>
                    You may access the information collection instrument with instructions, or additional information by visiting the Federal eRulemaking Portal site at: 
                    <E T="03">http://www.regulations.gov</E>
                     and enter USCIS-2008-0021 in the search box. Comments must be submitted in English, or an English translation must be provided. The comments submitted to USCIS via this method are visible to the Office of Management and Budget and comply with the requirements of 5 CFR 1320.12(c). All submissions will be posted, without change, to the Federal eRulemaking Portal at 
                    <E T="03">http://www.regulations.gov,</E>
                     and will include any personal information you provide. Therefore, submitting this information makes it public. You may wish to consider limiting the amount of personal information that you provide in any voluntary submission you make to DHS. DHS may withhold information 
                    <PRTPAGE P="50623"/>
                    provided in comments from public viewing that it determines may impact the privacy of an individual or is offensive. For additional information, please read the Privacy Act notice that is available via the link in the footer of 
                    <E T="03">http://www.regulations.gov.</E>
                </P>
                <P>Written comments and suggestions from the public and affected agencies should address one or more of the following four points:</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 submission of responses.
                </P>
                <HD SOURCE="HD1">Overview of This Information Collection</HD>
                <P>
                    (1) 
                    <E T="03">Type of Information Collection Request:</E>
                     Extension, Without Change, of a Currently Approved Collection.
                </P>
                <P>
                    (2) 
                    <E T="03">Title of the Form/Collection:</E>
                     Medical Certification for Disability Exceptions.
                </P>
                <P>
                    (3) 
                    <E T="03">Agency form number, if any, and the applicable component of the DHS sponsoring the collection:</E>
                     N-648; USCIS.
                </P>
                <P>
                    (4) 
                    <E T="03">Affected public who will be asked or required to respond, as well as a brief abstract: Primary: Individuals or households.</E>
                     USCIS uses the Form N-648 to substantiate a claim for an exception to the requirements of section 312(a) of the Act. Only medical doctors, doctors of osteopathy, or clinical psychologists licensed to practice in the United States are authorized to certify Form N-648. By certifying the form, the doctor states that an applicant filing an Application for Naturalization, Form N-400, is unable to complete the English and/or civics requirements because of a physical or developmental disability or mental impairment(s).
                </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 estimated total number of respondents for the information collection N-648 Medical Professional is 19,527 and the estimated hour burden per response is 2 hours. The estimated total number of respondents for the information collection N-648 Applicant is 19,527 and the estimated hour burden per response is 8 hours.
                </P>
                <P>
                    (6) 
                    <E T="03">An estimate of the total public burden (in hours) associated with the collection:</E>
                     The total estimated annual hour burden associated with this collection is 195,270 hours.
                </P>
                <P>
                    (7) 
                    <E T="03">An estimate of the total public burden (in cost) associated with the collection:</E>
                     The estimated total annual cost burden associated with this collection of information is $17,775,089.
                </P>
                <SIG>
                    <DATED>Dated: June 7, 2024.</DATED>
                    <NAME>Samantha L. Deshommes,</NAME>
                    <TITLE>Chief, Regulatory Coordination Division, Office of Policy and Strategy, U.S. Citizenship and Immigration Services, Department of Homeland Security.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13125 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 9111-97-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
                <DEPDOC>[Docket No. FR-7092-N-29]</DEPDOC>
                <SUBJECT>Privacy Act of 1974; System of Records</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Housing, HUD.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of a modified system of records.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>Under the Privacy Act of 1974, as amended, the Department of Housing and Urban Development (HUD), Office of Single-Family Program Development is issuing a public notice of its intent to amend the system of records for the Single-Family Housing Enterprise Data Warehouse (SFHEDW). This amendment updates the system of records location, system manager, authority, purpose, policies and practices for storage, retrieval, retention and disposal of records and safeguards. The existing scope, objectives, business processes, and uses remain unchanged.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments will be accepted on or before July 15, 2024. This proposed action will be effective on the date following the end of the comment period unless comments are received which result in a contrary determination.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>You may submit comments, identified by docket number or by one of the following methods:</P>
                    <P>
                        <E T="03">Federal e-Rulemaking Portal:</E>
                          
                        <E T="03">http://www.regulations.gov.</E>
                         Follow the instructions provided on that site to submit comments electronically.
                    </P>
                    <P>
                        <E T="03">Fax:</E>
                         202-619-8365.
                    </P>
                    <P>
                        <E T="03">Email:</E>
                          
                        <E T="03">www.privacy@hud.gov.</E>
                    </P>
                    <P>
                        <E T="03">Mail:</E>
                         Attention: Privacy Office; Mr. LaDonne White, Chief Privacy Officer; Office of the Executive Secretariat; 451 Seventh Street SW, Room 10139; Washington, DC 20410-0001.
                    </P>
                    <P>
                        <E T="03">Instructions:</E>
                         All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to 
                        <E T="03">http://www.regulations.gov</E>
                         including any personal information provided.
                    </P>
                    <P>
                        <E T="03">Docket:</E>
                         For access to the docket to read background documents or comments received go to 
                        <E T="03">http://www.regulations.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        LaDonne White; 451 Seventh Street SW, Room 10139; Washington, DC 20410; telephone number (202) 708-3054 (this is not a toll-free number). HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech or communication disabilities. To learn more about how to make an accessible telephone call, please visit 
                        <E T="03">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>HUD amends the system of records notice (SORN) for the Single-Family Housing Enterprise Data Warehouse (SFHEDW) to include these substantive changes reflecting the new and modified items listed below and administrative updates to regulatory references along with wording and format changes throughout the SORN.</P>
                <P>
                    i. 
                    <E T="03">System Locations:</E>
                     The system locations are being updated to reflect current operating conditions.
                </P>
                <P>
                    ii. 
                    <E T="03">System Manager:</E>
                     Updated to reflect current personnel.
                </P>
                <P>
                    iii. 
                    <E T="03">Authority For Maintenance of the System:</E>
                     Updated to include additional citations for the legal authority which were inadvertently omitted from the previous SORN.
                </P>
                <P>
                    iv. 
                    <E T="03">Categories of Individuals Covered by the System:</E>
                     Updates have been made to be consistent with categories of individuals in the source systems that send records to the SFHEDW.
                </P>
                <P>
                    v. 
                    <E T="03">Categories of Records Covered by the System:</E>
                     Updates have been made to be consistent with categories of individuals in the source systems that send records to the SFHEDW.
                </P>
                <P>
                    vi. 
                    <E T="03">Record Source Categories:</E>
                     Updates to reflect current operations. F42D—Single Family Default Monitoring System (SFDMS) has been removed because it is no longer integrated with SFHEDW. P013-FHA, HMDA, A80H and A43C have been removed because 
                    <PRTPAGE P="50624"/>
                    they do not involve sending or receiving PII from individuals.
                </P>
                <P>
                    vii. 
                    <E T="03">Routine Uses of Records Maintained in the System:</E>
                     Editorial changes and updates have been made to the routine uses, which were numbered in the previously published SORN. In this update, the routine uses are listed by letter and re-organized to be consistent with the source systems' notices.
                </P>
                <P>Specifically, Numbers 1 and 2 are combined and restated in New B. Number 3 becomes D. Numbers 4 and 5 are combined to become E. Number 6 becomes A.</P>
                <P>New routine use C is added for disclosures necessary to respond to Congressional inquiries.</P>
                <P>New routine use F is added for disclosures to appropriate Federal, State, local, tribal, or other governmental agencies or multilateral governmental organizations responsible for investigating or prosecuting the violations of, or for enforcing or implementing, a statute, rule, regulation, order, or license, where HUD determines that the information would help in the enforcement of civil or criminal laws and when such records, either alone or in conjunction with other information, indicate a violation or potential violation of law.</P>
                <P>New Routine G is being added for disclosures to a court, magistrate, administrative tribunal, or arbitrator in the course of presenting evidence, including disclosures to opposing counsel or witnesses in civil discovery, litigation, mediation, or settlement negotiations; or in connection with criminal law proceedings; when HUD determines that use of such records is relevant and necessary to the litigation and when any of the following is a party to the litigation or have an interest in such litigation: (a) HUD, or any component thereof; or (b) any HUD employee in his or her official capacity; or (c) any HUD employee in his or her individual capacity where HUD has agreed to represent the employee; or (d) the United States, or any agency thereof, where HUD determines that litigation is likely to affect HUD or any of its components.</P>
                <P>Finally, the reference to other HUD discretionary routine uses is deleted as these uses are now stated within this notice.</P>
                <P>
                    viii. 
                    <E T="03">Policies and Practices for Retention and Disposal of Records:</E>
                     Editorial changes and updates to reflect current practices.
                </P>
                <P>
                    ix. 
                    <E T="03">Administrative, technical and physical safeguards:</E>
                     Editorial changes and updates to reflect current practices.
                </P>
                <PRIACT>
                    <HD SOURCE="HD2">SYSTEM NAME AND NUMBER:</HD>
                    <P>
                        Single Family Housing Enterprise Data Warehouse. 
                        <E T="03">HOU.SF/HUD-05.</E>
                    </P>
                    <HD SOURCE="HD2">SECURITY CLASSIFICATION:</HD>
                    <P>Unclassified.</P>
                    <HD SOURCE="HD2">SYSTEM LOCATION:</HD>
                    <P>SFHEDW is housed in the HUD Data Center, which is located and backed up on servers housed at the National Center for Critical Information Processing and Storage at NASA's Shared Services Center, Building 1111, Stennis Space Center, MS 39529-6000.</P>
                    <P>The backup location for SFHEDW is in Clarksville, Virginia.</P>
                    <HD SOURCE="HD2">SYSTEM MANAGER(S):</HD>
                    <P>Brian Faux Director, Office of Single-Family Program Development, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410-0001. Telephone Number Phone: 800-CALL-FHA (800-225-5342).</P>
                    <HD SOURCE="HD2">AUTHORITY FOR MAINTENANCE OF THE SYSTEM:</HD>
                    <P>The legal authorities to maintain the Single-Family Housing Enterprise Data Warehouse are:</P>
                    <P>Title I, section 2 of the National Housing Act (12 U.S.C. 1703), section 203 of the National Housing Act (12 U.S.C. 1708), section 203 of the National Housing Act (12 U.S.C. 1709), section 255 of the National Housing Act (12 U.S.C. 1715z-20), 31 U.S.C. 7701, 42 U.S.C. 3543, 24 CFR part 200, subpart U and 24 CFR 203.35.</P>
                    <HD SOURCE="HD2">PURPOSE(S) OF THE SYSTEM:</HD>
                    <P>The SFHEDW is an ongoing, fully operational data warehouse that is the key source for HUD employees and contractors who require access to Single Family mortgage insurance data. Users of SFHEDW have assigned roles, including a “need-to-know” standard access to the system's information. SFHEDW is an integrated data warehouse that contains critical Single Family business data from twenty (20) originating source systems, mostly from FHA Single Family automated systems. The system allows queries for reporting to support oversight activities, market and economic assessment, public and stakeholder communication, planning and performance evaluation, policies and guidelines promulgation, monitoring and enforcement.</P>
                    <HD SOURCE="HD2">CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:</HD>
                    <P>System Users, Mortgagors (Borrowers), HECM Non-Borrowing Spouses, Appraiser Roster, 203k Coordinator Roster, Mortgagee (Lender) Staff including, but not limited to, loan originators, appraisers, underwriters, processors and file clerks, Individuals registering for access to the HUD Housing Counselor Certification Examination, Individuals registering for HUD Certified Housing Counselor status or for Housing Counseling Agency Application Coordinator for FHA Connection, Client Certificate of Housing Counseling.</P>
                    <HD SOURCE="HD2">CATEGORIES OF RECORDS IN THE SYSTEM:</HD>
                    <P>
                        <E T="03">Mortgagors (Borrowers):</E>
                         Name, address, SSN or other identification number, racial/ethnic background (if disclosed), date of birth, sex (if disclosed) credit scores (often referred to as FICO® scores), marital status, and details about FHA insured loans, including loan application documentation. HECM Non-Borrowing Spouses: Name, SSN or other identification number, date of birth, and details about the mortgage loan, including application documentation. This information is collected by lenders during the mortgage application and underwriting process and provided to HUD when the lender applies for mortgage insurance.
                    </P>
                    <P>
                        <E T="03">Appraiser:</E>
                         CHUMS maintains and publishes a roster of approved appraisers with the Name (First, Middle, Last), address, email address, licensing, and demographic data including racial/ethnic background, Minority Business Enterprise (MBE) Code, and sex, for statistical tracking purposes.
                    </P>
                    <P>
                        <E T="03">203K Program Appraiser:</E>
                         name, address, email address, the Appraiser Roster minority data including racial/ethnic background, Minority Business Enterprise (MBE) Code, and sex, for statistical tracking purposes.
                    </P>
                    <P>
                        <E T="03">Lender Staff including, but not limited to, loan originators, appraisers, underwriters, processors, and file clerks:</E>
                         SSN, Nationwide Mortgage Licensing System (NMLS) number, or other identification number, market territory, and transaction history or workload of the individuals.
                    </P>
                    <P>
                        <E T="03">Individuals registering for access to the HUD Housing Counselor Certification Examination:</E>
                         Legal first and last name, mailing address, telephone number, email address, fax number (if applicable), SSN, and employer's HUD Housing Counseling System (HCS) number. (If registrant's employer is a housing counseling agency participating in HUD's Housing Counseling Program). Registrants have the option of providing demographic information: race, ethnicity, gender, and languages in which counseling services are offered.
                    </P>
                    <P>
                        <E T="03">
                            Individuals registering for HUD Certified Housing Counselor status or 
                            <PRTPAGE P="50625"/>
                            for Agency Application Coordinator for FHA Connection:
                        </E>
                         Legal first and last name, mailing address, telephone number, email address, fax number (if applicable), SSN, HUD Housing Counselor Certification System ID number, mother's maiden name, and employer's HUD Housing Counseling System (HCS) ID number, and verification of employing agency's name.
                    </P>
                    <P>
                        <E T="03">Housing Counseling Clients and Certificate Data:</E>
                         Legal first and last name and address of the housing counseling client receiving counseling services from an agency participating in HUD's Housing Counseling Program; legal first and last name and the Counselor ID number of the counselor completing the client certificate of housing counseling; name, address, telephone number, Employer Identification Number (EIN).
                    </P>
                    <P>
                        <E T="03">HUD Employees:</E>
                         Names and identification of all HUD employees who have access to the system records. Also, identification information is stored for employees who work with mortgage applications through FHA Connection.
                    </P>
                    <HD SOURCE="HD2">RECORD SOURCE CATEGORIES:</HD>
                    <P>Mortgagors, appraisers, mortgagee staff, underwriters, and HUD employees provide data to the originating source systems. The originating source systems that provide data to SFHEDW are as follows:</P>
                    <P>1. A43—Single Family Insurance System (SFIS).</P>
                    <P>2. A80R—Single Family Premium Collections System—Upfront (SFPCS-U).</P>
                    <P>3. A80S—Single Family Acquired Assets Management System (SAMS).</P>
                    <P>4. F17—Computerized Home Underwriting Mortgage System (CHUMS).</P>
                    <P>5. F72—Title I Insurance and Claims System (TIIS).</P>
                    <P>6. F71A—Generic Debt Management System (GDEBT).</P>
                    <P>7. A15—Geocoding Service Center (GSC).</P>
                    <P>8. P271—Home Equity Reverse Mortgage Information Technology (HERMIT).</P>
                    <P>9. P269—Ginnie Mae's Reporting and Feedback System (RFS).</P>
                    <P>10. P238—Ginnie Mae's Portfolio Analysis Database System/Corporate Watch (GPADS/CW).</P>
                    <P>11. P278—Lender Electronic Assessment Portal (LEAP).</P>
                    <HD SOURCE="HD2">ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:</HD>
                    <P>A. To appropriate agencies, entities, and persons when (1) HUD suspects or has confirmed that there has been a breached of the system of records, (2) HUD has determined that because of the suspected or confirmed breach there is a risk of harm to individuals, HUD (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist with HUD's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.</P>
                    <P>B. To another Federal agency or Federal entity, when HUD determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.</P>
                    <P>C. To any component of the Department of Justice or other Federal agency conducting litigation or in proceedings before any court, adjudicative, or administrative body, when HUD determines that the use of such records is relevant and necessary to the litigation and when any of the following is a party to the litigation or have an interest in such litigation: (a) HUD, or any component thereof; or (b) any HUD employee in his or her official capacity; or (c) any HUD employee in his or her individual capacity where the Department of Justice or agency conducting the litigation has agreed to represent the employee; or (d) the United States, or any agency thereof, where HUD determines that litigation is likely to affect HUD or any of its components.</P>
                    <P>D. To a congressional office from the record of an individual in response to an inquiry from that congressional office made at the request of the individual to whom the record pertains.</P>
                    <P>E. To the General Accounting Office (GAO), for audit purposes.</P>
                    <P>F. To contractors, grantees, experts, consultants, and the agents thereof, and others performing or working on a contract, service, grant, cooperative agreement with HUD, when necessary to accomplish an agency function related to its system of records, including but not limited to testing of technology. Such disclosure to be limited to only those data elements considered relevant to accomplishing an agency's function. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to HUD officers and employees.</P>
                    <P>G. To appropriate Federal, State, local, Tribal, or other governmental agencies or multilateral governmental organizations responsible for investigating or prosecuting the violations of, or for enforcing or implementing, a statute, rule, regulation, order, or license, where HUD determines that the information would help in the enforcement of civil or criminal laws and when such records, either alone or in conjunction with other information, indicate a violation or potential violation of law.</P>
                    <P>H. To a court, magistrate, administrative tribunal, or arbitrator in the course of presenting evidence, including disclosures to opposing counsel or witnesses in civil discovery, litigation, mediation, or settlement negotiations; or in connection with criminal law proceedings; when HUD determines that use of such records is relevant and necessary to the litigation and when any of the following is a party to the litigation or have an interest in such litigation: (a) HUD, or any component thereof; or (b) any HUD employee in his or her official capacity; or (c) any HUD employee in his or her individual capacity where HUD has agreed to represent the employee; or (d) the United States, or any agency thereof, where HUD determines that litigation is likely to affect HUD or any of its components.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR STORAGE OF RECORDS:</HD>
                    <P>Electronic.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:</HD>
                    <P>Name, Social Security Number, Telephone Number, Case Number.</P>
                    <HD SOURCE="HD2">POLICIES AND PRACTICIES FOR RENTENTION AND DISPOSAL OF RECORDS:</HD>
                    <P>Records within SFHEDW are permanent and can be maintained until they are no longer needed for administrative, legal, audit, or other operational purposes.</P>
                    <HD SOURCE="HD2">ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:</HD>
                    <P>
                        <E T="03">Administrative Safeguards:</E>
                         Electronic records are maintained in secured areas, and access is limited to authorized personnel. There are no paper records maintained requiring safeguarding by this system.
                    </P>
                    <P>
                        <E T="03">Physical Safeguards:</E>
                         Controls to secure the data and protect electronic records, buildings, and related 
                        <PRTPAGE P="50626"/>
                        infrastructure against threats associated with their physical environment include, but are not limited to, using cypher and combination locks, key card-controlled access, security guards, closed circuit TV, identification badges, and safes. Administrative controls include encryption of back-up data, back-ups secured off-site, methods to ensure only authorized users have access to PII, periodic security audits, regular monitoring of system users' behavior and users' Security Practices.
                    </P>
                    <P>
                        <E T="03">Technical Safeguards:</E>
                         Controls for the systems include, but are not limited to, encryption of Data at Rest and in Transit, firewalls at HUD, user ID, password protection, role-based access controls, Least Privileged access, elevated and/or administrative privileged access, Personal Identify Verification cards, intrusion detection systems. Unauthorized access is controlled by application-level security.
                    </P>
                    <HD SOURCE="HD2">RECORD ACCESS PROCEDURES:</HD>
                    <P>Individuals requesting records of themselves should address written inquiries to the Department of Housing Urban and Development 451 7th Street SW, Washington, DC 20410-0001. For verification, individuals should provide their full name, current address, and telephone number. In addition, the requester must provide either a notarized statement or an unsworn declaration made under 24 CFR 16.4.</P>
                    <HD SOURCE="HD2">CONTESTING RECORD PROCEDURES:</HD>
                    <P>The rule for contesting the content of any record pertaining to the individual by the individual concerned is published in 24 CFR 16.8 or may be obtained from the system manager.</P>
                    <HD SOURCE="HD2">NOTIFICATION PROCEDURES:</HD>
                    <P>Individuals requesting notification of records of themselves should address written inquiries to the Department of Housing Urban Development, 451 7th Street SW, Washington, DC 20410-0001. For verification purposes, individuals should provide their full name, office or organization where assigned, if applicable, and current address and telephone number. In addition, the requester must provide either a notarized statement or an unsworn declaration made under 24 CFR 16.4.</P>
                    <HD SOURCE="HD2">EXEMPTIONS PROMULGATED FOR THE SYSTEM:</HD>
                    <P>None.</P>
                    <HD SOURCE="HD2">HISTORY:</HD>
                    <P>80-FR-12516, March 09, 2015.</P>
                </PRIACT>
                <SIG>
                    <NAME>Ladonne White,</NAME>
                    <TITLE>Chief Privacy Officer, Office of Administration.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13147 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4210-67-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Fish and Wildlife Service</SUBAGY>
                <DEPDOC>[FWS-R6-ES-2024-N032; FXES11130600000-245-FF06E00000]</DEPDOC>
                <SUBJECT>Endangered and Threatened Species; Receipt of Recovery Permit Applications</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Fish and Wildlife Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of receipt of permit applications; request for comments.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>We, the U.S. Fish and Wildlife Service, have received applications for permits, permit renewals, and/or permit amendments to conduct activities intended to enhance the propagation or survival of endangered species under the Endangered Species Act. We invite the public and local, State, Tribal, and Federal agencies to comment on these applications. Before issuing any of the requested permits, we will take into consideration any information that we receive during the public comment period.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>We must receive written data or comments on the applications by July 15, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        <E T="03">Document availability and comment submission:</E>
                         Use one of the following methods to request documents or submit comments. Requests and comments should specify the applicant name(s) and application number(s) (
                        <E T="03">e.g.,</E>
                         Smith, PER0123456 or Jones, ES-056001):
                    </P>
                    <P>
                        • 
                        <E T="03">Email: permitsR6ES@fws.gov.</E>
                    </P>
                    <P>
                        • 
                        <E T="03">U.S. Mail:</E>
                         Tom McDowell, Division Manager, Ecological Services, U.S. Fish and Wildlife Service, P.O. Box 25486 DFC, Denver, CO 80225.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Robert Krijgsman, Recovery Permits Coordinator, Ecological Services, 303-236-4347 (phone), or 
                        <E T="03">permitsR6ES@fws.gov</E>
                         (email). Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    We, the U.S. Fish and Wildlife Service, invite review and comment from the public and local, State, Tribal, and Federal agencies on applications we have received for permits to conduct certain activities with endangered and threatened species under section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 
                    <E T="03">et seq.</E>
                    ), and our regulations in the Code of Federal Regulations (CFR) at 50 CFR part 17. Documents and other information submitted with the applications are available for review, subject to the requirements of the Privacy Act and the Freedom of Information Act.
                </P>
                <HD SOURCE="HD1">Background</HD>
                <P>With some exceptions, the ESA prohibits take of listed species unless a Federal permit is issued that authorizes such take. The ESA's definition of “take” includes hunting, shooting, harming, wounding, or killing, and also such activities as pursuing, harassing, trapping, capturing, or collecting.</P>
                <P>A recovery permit issued by us under section 10(a)(1)(A) of the ESA authorizes the permittee to take endangered or threatened species while engaging in activities that are conducted for scientific purposes that promote recovery of species or for enhancement of propagation or survival of species. These activities often include the capture and collection of species, which would result in prohibited take if a permit were not issued. Our regulations implementing section 10(a)(1)(A) for these permits are found at 50 CFR 17.22 for endangered wildlife species, 50 CFR 17.32 for threatened wildlife species, 50 CFR 17.62 for endangered plant species, and 50 CFR 17.72 for threatened plant species.</P>
                <HD SOURCE="HD1">Permit Applications Available for Review and Comment</HD>
                <P>
                    The ESA requires that we invite public comment before issuing these permits. Accordingly, we invite local, State, Tribal, and Federal agencies and the public to submit written data, views, or arguments with respect to these applications. The comments and recommendations that will be most useful and likely to influence agency decisions are those supported by quantitative information or studies. Proposed activities in the following permit requests are for the recovery and enhancement of propagation or survival of the species in the wild.
                    <PRTPAGE P="50627"/>
                </P>
                <GPOTABLE COLS="6" OPTS="L2,nj,tp0,p7,7/8,i1" CDEF="s50,r50,r75,r50,r75,r25">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">Permit No.</CHED>
                        <CHED H="1">Applicant</CHED>
                        <CHED H="1">Species</CHED>
                        <CHED H="1">Location</CHED>
                        <CHED H="1">Activity</CHED>
                        <CHED H="1">
                            Permit
                            <LI>action</LI>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">ES-207946</ENT>
                        <ENT>Bureau of Reclamation, Denver, CO</ENT>
                        <ENT>
                            • Southwestern willow flycatcher (
                            <E T="03">Empidonax traillii extimus</E>
                            )
                            <LI>
                                • New Mexico meadow jumping mouse (
                                <E T="03">Zapus hudsonius luteus</E>
                                )
                            </LI>
                        </ENT>
                        <ENT>Arizona, New Mexico, Texas, Colorado, and Utah</ENT>
                        <ENT>Play taped vocalizations, monitor nests, conduct training workshops, band, and collect tissue for surveys and research</ENT>
                        <ENT>Renew and amend.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PER8564470</ENT>
                        <ENT>Olsson Inc., Oklahoma City, OK</ENT>
                        <ENT>
                            • Indiana bat (
                            <E T="03">Myotis sodalis</E>
                            )
                            <LI>
                                • Northern long-eared bat (
                                <E T="03">Myotis septentrionalis</E>
                                )
                            </LI>
                        </ENT>
                        <ENT>Throughout the range of each species within the United States</ENT>
                        <ENT>Capture, handle, identify, band, radio tag, swab, collect biological samples, and release</ENT>
                        <ENT>New.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ES-64077B</ENT>
                        <ENT>Scott Krych, New Prague, MN</ENT>
                        <ENT>
                            • Poweshiek skipperling (
                            <E T="03">Oarisma poweshiek</E>
                            )
                        </ENT>
                        <ENT>Iowa, Minnesota, North Dakota, and South Dakota</ENT>
                        <ENT>Capture, handle, and release for surveys</ENT>
                        <ENT>Renew.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PER9323663</ENT>
                        <ENT>Trevor Starks, Pratt, KS</ENT>
                        <ENT>
                            • Neosho mucket (
                            <E T="03">Lampsilis rafinesqueana</E>
                            )
                        </ENT>
                        <ENT>Kansas</ENT>
                        <ENT>Capture, handle, propagate, rear, and release for reintroduction efforts</ENT>
                        <ENT>New.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PER9413569</ENT>
                        <ENT>Crystal Benavidez, Alamosa, CO</ENT>
                        <ENT>
                            • Southwestern willow flycatcher (
                            <E T="03">Empidonax traillii extimus</E>
                            )
                        </ENT>
                        <ENT>Colorado</ENT>
                        <ENT>Play taped vocalizations for surveys</ENT>
                        <ENT>New.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ES-819471</ENT>
                        <ENT>SWCA Environmental Consultants, Salt Lake City, UT</ENT>
                        <ENT>
                            • Southwestern willow flycatcher (
                            <E T="03">Empidonax traillii extimus</E>
                            )
                        </ENT>
                        <ENT>Arizona, Colorado, Idaho, and Utah</ENT>
                        <ENT>Play taped vocalizations for surveys</ENT>
                        <ENT>Renew and amend.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PER10286364</ENT>
                        <ENT>Pinyon Environmental, Inc., Lakewood, CO</ENT>
                        <ENT>
                            • Southwestern willow flycatcher (
                            <E T="03">Empidonax traillii extimus</E>
                            )
                        </ENT>
                        <ENT>Arizona, Colorado, and New Mexico</ENT>
                        <ENT>Play taped vocalizations for surveys</ENT>
                        <ENT>New.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PER10894227</ENT>
                        <ENT>University of Arizona, Tucson, AZ</ENT>
                        <ENT>
                            • Northern long-eared bat (
                            <E T="03">Myotis septentrionalis</E>
                            )
                            <LI>
                                • Tricolored bat (
                                <E T="03">Perimyotis subflavus</E>
                                )
                            </LI>
                        </ENT>
                        <ENT>South Dakota</ENT>
                        <ENT>Capture, handle, identify, band, radio tag, swab, collect biological samples, and release for surveys and research</ENT>
                        <ENT>New.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ES-13623D</ENT>
                        <ENT>James Whitney, Pittsburg, KS</ENT>
                        <ENT>
                            • Colorado pikeminnow (
                            <E T="03">Ptychocheilus lucius</E>
                            )
                            <LI O="xl">
                                • Razorback sucker (
                                <E T="03">Xyrauchen texanus</E>
                                ).
                            </LI>
                        </ENT>
                        <ENT>Colorado, New Mexico, and Utah</ENT>
                        <ENT>Capture, electrofish, tag, handle, collect biological samples, transport, propagate, rear, and release for research and captive propagation of the species</ENT>
                        <ENT>Renew and amend.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PER10898056</ENT>
                        <ENT>Terry Dial, Moab, UT</ENT>
                        <ENT>
                            • Colorado pikeminnow (
                            <E T="03">Ptychocheilus lucius</E>
                            )
                            <LI O="xl">
                                • Bonytail (
                                <E T="03">Gila elegans</E>
                                ).
                            </LI>
                            <LI O="xl">
                                • Razorback sucker (
                                <E T="03">Xyrauchen texanus</E>
                                ).
                            </LI>
                        </ENT>
                        <ENT>Utah</ENT>
                        <ENT>Research to quantify behaviors, including movements and feeding; research to analyze deceased specimens provided by hatcheries</ENT>
                        <ENT>New.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PER10899782</ENT>
                        <ENT>Andrew George, Pittsburg, KS</ENT>
                        <ENT>
                            • Tricolored bat (
                            <E T="03">Perimyotis subflavus</E>
                            )
                            <LI O="xl">
                                • Gray bat (
                                <E T="03">Myotis grisescens</E>
                                ).
                            </LI>
                        </ENT>
                        <ENT>Kansas</ENT>
                        <ENT>Capture, handle, identify, band, radio tag, swab, collect biological samples, and release for surveys and research</ENT>
                        <ENT>New.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ES-131639</ENT>
                        <ENT>U.S. Forest Service, Nebraska National Forest and Grasslands, Chadron, NE</ENT>
                        <ENT>
                            • Blowout penstemon (
                            <E T="03">Penstemon haydenii</E>
                            )
                        </ENT>
                        <ENT>Nebraska</ENT>
                        <ENT>Remove and reduce to possession from lands under Federal jurisdiction</ENT>
                        <ENT>Renew.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">PER0013492</ENT>
                        <ENT>United Tribes Technical College, Bismarck, ND</ENT>
                        <ENT>
                            • Northern long-eared Bat (
                            <E T="03">Myotis septentrionalis</E>
                            )
                            <LI O="xl">
                                • Tricolored bat (
                                <E T="03">Perimyotis subflavus</E>
                                ).
                            </LI>
                        </ENT>
                        <ENT>Colorado, Kansas, Montana Nebraska, North Dakota, South Dakota, and Wyoming</ENT>
                        <ENT>Capture, handle, identify, band, radio tag, swab, collect biological samples, and release for surveys and research</ENT>
                        <ENT>Amend.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">ES-06665B</ENT>
                        <ENT>Utah Division of Wildlife, Hurricane, UT</ENT>
                        <ENT>
                            • Woundfin (
                            <E T="03">Plagopterus argentissimus</E>
                            )
                        </ENT>
                        <ENT>Utah</ENT>
                        <ENT>Capture, handle, transport, release, stock, tag</ENT>
                        <ENT>Renew and amend.</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">Public Availability of Comments</HD>
                <P>Written comments we receive become part of the administrative record associated with this action. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety.</P>
                <HD SOURCE="HD1">Next Steps</HD>
                <P>
                    If we decide to issue a permit to an applicant listed in this notice, we will publish a notice in the 
                    <E T="04">Federal Register</E>
                    .
                </P>
                <HD SOURCE="HD1">Authority</HD>
                <P>
                    We publish this notice under section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 
                    <E T="03">et seq.</E>
                    ).
                </P>
                <SIG>
                    <NAME>Marjorie Nelson,</NAME>
                    <TITLE>Assistant Regional Director, Mountain-Prairie Region.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13134 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4333-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Land Management</SUBAGY>
                <DEPDOC>[COCO0106240032; COC-080958]</DEPDOC>
                <SUBJECT>Notice of Proposed Withdrawal and Opportunity for Public Meeting for the Arapaho National Wildlife Refuge, 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 proposed withdrawal.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        On behalf of the United States Fish and Wildlife Service (FWS) and subject to valid existing rights, the Secretary of the Interior proposes to withdraw 4,792.54 acres of public lands from settlement, sale, location, or entry under the general land laws, including location and entry under the United States mining laws, and from leasing under the mineral and geothermal leasing laws, and reserve them for any 
                        <PRTPAGE P="50628"/>
                        term up to an indefinite period as part of the Arapaho National Wildlife Refuge (NWR) located in Jackson County, Colorado. Publication of this notice temporarily segregates the lands for up to 2 years and announces to the public an opportunity to comment and request a public meeting on the proposed withdrawal.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments and requests for a public meeting must be received by September 12, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        All comments and meeting requests should be sent to the Bureau of Land Management (BLM) Colorado State Office, Attn: Arapaho NWR Withdrawal, P.O. Box 151029, Lakewood, CO 80215; faxed to (303) 239-3933; or sent by email to 
                        <E T="03">blm_co_statedirector@blm.gov</E>
                        . The BLM will not consider comments expressed via telephone calls.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Jennifer Jardine, Realty Specialist, BLM Colorado State Office, telephone: (970) 385-1224, email at 
                        <E T="03">jjardine@blm.gov;</E>
                         or you may contact the BLM office at the address noted above. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The applicant is the FWS, and its petition/application requests that the Secretary of the Interior withdraw the following described public lands from settlement, sale, location or entry under the general land laws, including location and entry under the United States mining laws, and from leasing under the mineral and geothermal leasing laws, subject to valid existing rights, to protect refuge resources and reserve them for wildlife refuge purposes for any term up to an indefinite term in accordance with the provisions of the Game Range Act, 16 U.S.C. 668dd(a)(6) and section 204 of the Federal Land Policy and Management Act (FLPMA).</P>
                <EXTRACT>
                    <HD SOURCE="HD1">Sixth Principal Meridian, Colorado</HD>
                    <FP SOURCE="FP-2">T. 7 N., R. 79 W.,</FP>
                    <FP SOURCE="FP1-2">
                        Sec. 4, SW
                        <FR>1/4</FR>
                        SW
                        <FR>1/4</FR>
                        , that portion lying southwest of a diagonal line extending from the northwest corner to the southeast corner;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 6, lot 1, SE
                        <FR>1/4</FR>
                        NE
                        <FR>1/4</FR>
                        , and E
                        <FR>1/2</FR>
                        SE
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 7, E
                        <FR>1/2</FR>
                        , E
                        <FR>1/2</FR>
                        NW
                        <FR>1/4</FR>
                        , and E
                        <FR>1/2</FR>
                        SW
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 9, SE
                        <FR>1/4</FR>
                        NW
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 14, SW
                        <FR>1/4</FR>
                        SW
                        <FR>1/4</FR>
                        , that portion lying southwest of a diagonal line extending from the northwest comer to the southeast corner;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 15, SW
                        <FR>1/4</FR>
                        NE
                        <FR>1/4</FR>
                        , that portion lying southwest of a diagonal line extending from the northwest corner to the southeast corner;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 17, SW
                        <FR>1/4</FR>
                        NW
                        <FR>1/4</FR>
                         and NE
                        <FR>1/4</FR>
                        SW
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 19, SE
                        <FR>1/4</FR>
                        NE
                        <FR>1/4</FR>
                        .
                    </FP>
                    <FP SOURCE="FP-2">T. 8 N., R. 79 W.,</FP>
                    <FP SOURCE="FP1-2">
                        Sec. 3, SW
                        <FR>1/4</FR>
                        SW
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 4, SW
                        <FR>1/4</FR>
                        NE
                        <FR>1/4</FR>
                         and N
                        <FR>1/2</FR>
                        SE
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">Sec. 5, lot 4;</FP>
                    <FP SOURCE="FP1-2">Sec. 6, lot 7, that portion lying southeast of a diagonal line extending from the northeast corner to the southwest corner, the exact boundary being the existing fence marking the Arapaho National Wildlife Refuge;</FP>
                    <FP SOURCE="FP1-2">
                        Sec. 7, SW
                        <FR>1/4</FR>
                        NE
                        <FR>1/4</FR>
                        , SE
                        <FR>1/4</FR>
                        NW
                        <FR>1/4</FR>
                        , SE
                        <FR>1/4</FR>
                        SW
                        <FR>1/4</FR>
                        , NE
                        <FR>1/4</FR>
                        SE
                        <FR>1/4</FR>
                        , and S
                        <FR>1/2</FR>
                        SE
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 8, E
                        <FR>1/2</FR>
                        NW
                        <FR>1/4</FR>
                         and S
                        <FR>1/2</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 9, S
                        <FR>1/2</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">Sec. 17;</FP>
                    <FP SOURCE="FP1-2">
                        Sec. 18, NE
                        <FR>1/4</FR>
                        , E
                        <FR>1/2</FR>
                        NW
                        <FR>1/4</FR>
                        , NE
                        <FR>1/4</FR>
                        SW
                        <FR>1/4</FR>
                        , N
                        <FR>1/2</FR>
                        SE
                        <FR>1/4</FR>
                        , and SE
                        <FR>1/4</FR>
                        SE
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 19, lots 2 and 3, NE
                        <FR>1/4</FR>
                        NE
                        <FR>1/4</FR>
                        , S1/2NE
                        <FR>1/4</FR>
                        , SE
                        <FR>1/4</FR>
                        NW
                        <FR>1/4</FR>
                        , NE
                        <FR>1/4</FR>
                        SW
                        <FR>1/4</FR>
                        , and N1/2SE
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 20, NE
                        <FR>1/4</FR>
                        NE
                        <FR>1/4</FR>
                        , W
                        <FR>1/2</FR>
                        NE
                        <FR>1/4</FR>
                        , and NW
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 21, NW
                        <FR>1/4</FR>
                        SE
                        <FR>1/4</FR>
                        , that portion lying northwest of a diagonal line extending from the northeast corner to the southwest corner, the exact boundary being the existing fence marking the Arapaho National Wildlife Refuge;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 30, E
                        <FR>1/2</FR>
                        NE
                        <FR>1/4</FR>
                         and E
                        <FR>1/2</FR>
                        SE
                        <FR>1/4</FR>
                        , those portions lying east of the east right-of-way boundary of State Highway 125;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 31, E
                        <FR>1/2</FR>
                        NE
                        <FR>1/4</FR>
                        , that portion lying east of the east right-of-way boundary of State Highway 125, and E
                        <FR>1/2</FR>
                        SW
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 33. W
                        <FR>1/2</FR>
                        NW
                        <FR>1/4</FR>
                         and NW
                        <FR>1/4</FR>
                        SW
                        <FR>1/4</FR>
                        .
                    </FP>
                    <FP SOURCE="FP-2">T. 9 N., R. 79 W.</FP>
                    <FP SOURCE="FP1-2">
                        Sec. 32, W
                        <FR>1/2</FR>
                        NE
                        <FR>1/4</FR>
                        , W
                        <FR>1/2</FR>
                        SE
                        <FR>1/4</FR>
                        , and that portion of E
                        <FR>1/2</FR>
                        SW
                        <FR>1/4</FR>
                         lying east of the east right-of-way boundary of State Highway 125;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 33, SW
                        <FR>1/4</FR>
                        SW
                        <FR>1/4</FR>
                        .
                    </FP>
                    <FP SOURCE="FP-2">T. 7 N., R. 80 W.,</FP>
                    <FP SOURCE="FP1-2">
                        Sec. 10, NE
                        <FR>1/4</FR>
                        NE
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 11, N
                        <FR>1/2</FR>
                        NW
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 13, SW
                        <FR>1/4</FR>
                        SW
                        <FR>1/4</FR>
                         and W
                        <FR>1/2</FR>
                        SE
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 14, NW
                        <FR>1/4</FR>
                        NW
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        sec. 15, NE
                        <FR>1/4</FR>
                        NE
                        <FR>1/4</FR>
                        .
                    </FP>
                    <FP SOURCE="FP-2">T. 8 N., R. 80 W.,</FP>
                    <FP SOURCE="FP1-2">
                        Sec. 11, SW
                        <FR>1/4</FR>
                        NE
                        <FR>1/4</FR>
                        , N
                        <FR>1/2</FR>
                        SW
                        <FR>1/4</FR>
                        , and SW
                        <FR>1/4</FR>
                        SW
                        <FR>1/4</FR>
                        , those portions lying southeast of a diagonal line extending from the northeast corner of the SW
                        <FR>1/4</FR>
                        NE
                        <FR>1/4</FR>
                         to the southwest corner of the SW
                        <FR>1/4</FR>
                        SW
                        <FR>1/4</FR>
                        , the exact boundary being the existing fence marking the Arapaho National Wildlife Refuge.
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 12, S
                        <FR>1/2</FR>
                        NE
                        <FR>1/4</FR>
                        ;
                    </FP>
                    <FP SOURCE="FP1-2">
                        Sec. 15, NE
                        <FR>1/4</FR>
                        NE
                        <FR>1/4</FR>
                         and SE
                        <FR>1/4</FR>
                        NW
                        <FR>1/4</FR>
                        .
                    </FP>
                    <P>The areas described aggregate 4,792.54 acres.</P>
                </EXTRACT>
                <P>The Secretary of the Interior approved the FWS's petition. Therefore, the petition/application constitutes a withdrawal proposal of the Secretary of the Interior (43 CFR 2310.1-3(e)).</P>
                <P>The use of a right-of-way, interagency agreement, or cooperative agreement would not provide adequate protection of the wildlife refuge.</P>
                <P>No additional water rights are needed to fulfill the purpose of this new withdrawal.</P>
                <P>There are no suitable alternative sites since these lands are located within the Arapaho NWR.</P>
                <P>Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment, including your personal identifying information, may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
                <P>
                    Notice is hereby given that an opportunity for a public meeting is afforded in connection with the proposed withdrawal. All interested persons who desire a public meeting for the purpose of being heard on the proposed withdrawal must submit a written request to the BLM Colorado State Director at the address listed above no later than September 12, 2024. If the authorized officer determines that a public meeting will be held, a notice of the time and place will be published in the 
                    <E T="04">Federal Register</E>
                     and a local newspaper at least 30 days before the scheduled date of the meeting.
                </P>
                <P>For a period until June 14, 2026 the lands described above will be segregated from settlement, sale, location, or entry under the general land laws, including location and entry under the United States mining laws, and from leasing under the mineral and geothermal leasing laws, unless the application is denied or canceled, or the withdrawal is approved prior to that date.</P>
                <P>This application will be processed in accordance with the regulations set-forth in 43 CFR part 2300.</P>
                <EXTRACT>
                    <FP>(Authority: 43 U.S.C. 1714)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>Douglas J. Vilsack,</NAME>
                    <TITLE>Colorado State Director.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13158 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4331-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="50629"/>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Land Management</SUBAGY>
                <DEPDOC>[BLM_NV_FRN; MO# 4500178196]</DEPDOC>
                <SUBJECT>Notice of Availability of the Proposed Resource Management Plan Amendments and Final Environmental Impact Statement for the Greenlink West Project in Clark, Esmeralda, Lyon, Mineral, Nye, Storey, and Washoe Counties, Nevada</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>In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended (FLPMA), the Bureau of Land Management (BLM) has prepared Proposed Resource Management Plan Amendments (RMPA) and a Final Environmental Impact Statement (EIS) for the Greenlink West Project in Clark, Esmeralda, Lyon, Mineral, Nye, Storey, and Washoe Counties, Nevada and by this notice is announcing the start of a 30-day protest period of the Proposed RMPAs.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        This notice announces the beginning of a 30-day protest period to the BLM on the Proposed RMPA. Protests must be postmarked or electronically submitted on the BLM project website within 30 days of the date that the Environmental Protection Agency (EPA) publishes its Notice of Availability (NOA) in the 
                        <E T="04">Federal Register</E>
                        . The EPA usually publishes its NOAs on Fridays.
                    </P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The Final EIS/RMPA is available on the BLM project website at 
                        <E T="03">:https://eplanning.blm.gov/eplanning-ui/project/2017391/510.</E>
                    </P>
                    <P>
                        Instructions for filing a protest with the BLM for the Greenlink West Project can be found at: 
                        <E T="03">https://www.blm.gov/programs/planning-and-nepa/public-participation/filing-a-plan-protest</E>
                         and at 43 CFR 1610.5-2.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Brian Buttazoni, Project Manager, telephone (775) 861-6491; address 1340 Financial Boulevard, Reno, NV 89502; email 
                        <E T="03">blm_nv_greenlinkwest@blm.gov.</E>
                         Contact us at this email address to have your name added to our mailing list. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>On September 22, 2020, Nevada Power Company and Sierra Pacific Power Company dba NV Energy (NV Energy) filed an Application for Transportation, Utility Systems, Telecommunications, and Facilities on Federal Lands and Property (Standard Form 299) and a preliminary Plan of Development (POD) with the BLM Nevada State Office for a FLPMA right-of-way (ROW) and short-term right-of-way for the Greenlink West Project (NVN-99863 and NVN-99863-01).</P>
                <P>The Draft EIS/RMPA, published on May 23, 2023, initiated a 90-day comment period. In response to the amendments to NEPA under the Fiscal Responsibility Act of 2023 (FRA), sec. 321(e)(1)(B), Public Law 118-5, 42 U.S.C. 4336a(e), the BLM revised the organization of the final EIS to comply with the FRA's 300-page limit for a proposed agency action of “extraordinary complexity.” The Final EIS/Proposed RMPA analyzes the environmental impacts of the BLM's authorization of a 200-foot-wide ROW for the construction, operations, and decommissioning of the 525-kilovolt (kV) line, 160-foot-wide ROW for the 345-kV lines, and a 600-foot short-term ROW for construction and staging to NV Energy for a 474-mile system of new 525-kV, 345-kV, and 120-kV overhead electric transmission lines. Other components of the project include substations, microwave radio facilities, amplifier sites, access roads, and construction and material yards.</P>
                <P>The proposed transmission facilities would include approximately 13,767 acres of land of which 10,158 acres are located on public lands administered by the BLM in the Carson City, Battle Mountain, and Southern Nevada District Offices. The remaining lands in the project area are managed by the Bureau of Indian Affairs (575 acres), Clark County (51 acres), Department of Defense (135 acres), Department of Energy (24 acres), National Park Service (20 acres), Nevada Division of State Lands (112 acres), U.S. Fish and Wildlife Service (10 acres), and private landowners (2,631 acres). The 525-kV facilities would begin 10 miles north of Yerington in Lyon County, traverse 360 miles through portions of Lyon, Mineral, Esmeralda, Nye, and Clark counties, and terminate at the Harry Allen Substation 10 miles north of North Las Vegas, Clark County, Nevada. Three 345-kV facilities would begin 10 miles north of Yerington in Lyon County and traverse through portions of Lyon, Storey, and Washoe counties. Two of the 345-kV lines would terminate 12 miles northwest of Silver Springs in Lyon County, and the third would terminate 7 miles southeast of Reno in Washoe County. The four expanded substations (Comstock Meadows, Mira Loma, Fort Churchill, and Harry Allen) and the two new substations (Esmeralda and Amargosa) would include fiber optic cable and microwave antennae towers for control and operation of the transmission system.</P>
                <P>Any portions of the Greenlink West Project selected that would cross non-BLM administered lands would require authorizations or permits from the National Park Service, Bureau of Indian Affairs, Clark County, Department of Defense, Department of Energy, National Park Service, Nevada Division of State Lands, and private landowners. The Final EIS/Proposed RMPA addresses the direct, indirect, and cumulative environmental impacts of the BLM preferred alternative. The Final EIS/Proposed RMPA evaluated the alternatives in consultation with other Federal and State agencies, Tribes, private land holders, and cooperating agencies, and includes a BLM Preferred Alternative. Authorization of this project would require amendments to the applicable RMPs in effect for the Carson City District Office, Tonopah Field Office, and Southern Nevada District Office to modify the location of the existing Section 368 corridors (West Wide Energy Corridors) and to reclassify Visual Resource Management classes for portions of the project area.</P>
                <P>
                    The BLM has analyzed a combination of environmental measures and possible mitigation to eliminate or minimize impacts associated with the proposed action. These include the potential for identifying opportunities to apply on-site mitigation strategies appropriate to the sites of the action, and management actions to achieve resource objectives. Additionally, the BLM is using the NEPA process and the Final EIS/Proposed RMPA to comply with the requirements of Section 106 of the National Historic Preservation Act, 54 U.S.C. 306108, consistent with the Advisory Council on Historic Preservation's regulations implementing Section 106 (36 CFR 800.8(c)). The BLM continues to consult with Indian Tribes on a government-to-government basis in accordance with Executive Order 13175 and other policies. Tribal concerns, including impacts to cultural resources and sacred sites, were given due consideration.
                    <PRTPAGE P="50630"/>
                </P>
                <HD SOURCE="HD1">Protest of the Proposed RMPA</HD>
                <P>
                    BLM planning regulations state that any person who participated in the preparation of the RMP and has an interest that will or might be adversely affected by approval of the Proposed RMPA may protest its approval to the BLM. Protest of the Proposed RMPA constitutes the final opportunity for administrative review of the land use planning decisions prior to the BLM adopting the Approved RMPA. Instructions for filing a protest with the BLM regarding the RMPA may be found online (
                    <E T="03">https://www.blm.gov/programs/planning-and-nepa/public-participation/filing-a-plan-protest</E>
                     and at 43 CFR 1610.5-2). All protests must be in writing and mailed to the appropriate address or submitted electronically through the BLM project website (
                    <E T="03">https://eplanning.blm.gov/eplanning-ui/project/2017391/510</E>
                    ). Protests submitted electronically by any means other than the BLM project website or by fax will be invalid unless a hard copy of the protest is also submitted. The BLM will render a written decision on each protest. The decision of the BLM on the protest shall be the final decision of the Department of the Interior. Responses to valid protest issues will be compiled and documented in a Protest Resolution Report made available following the protest resolution online at: 
                    <E T="03">https://www.blm.gov/programs/planning-and-nepa/public-participation/protest-resolution-reports.</E>
                     Upon resolution of protests, the BLM will issue a Record of Decision and Approved RMPA.
                </P>
                <SIG>
                    <NAME>Jon K. Raby,</NAME>
                    <TITLE>State Director.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-12960 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4331-21-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>Bureau of Land Management</SUBAGY>
                <DEPDOC>[BLM_ID_FRN_MO4500178792]</DEPDOC>
                <SUBJECT>Notice of Temporary Closures at BLM-Managed Recreation Sites and Administrative Sites for Maintenance Within the Coeur d'Alene District, 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 temporary site closures.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Bureau of Land Management (BLM) will temporarily close some north Idaho campgrounds, boat ramps, and trailheads to improve the parking lots and access roads to enhance public access and the outdoor experience. These closures are necessary to protect the public from construction work and heavy equipment. Some of the recreation areas, along with Crater Lake, Crater Peak, Gamlin Lake, Mica Bay, Orphan Point, Sheep Springs, Tingley Springs, and Windy Bay recreation sites, will also be updated with fire rings, picnic tables, kiosks, and pedestal grills. A portion of the maintenance will be accomplished with Great American Outdoor Act funding.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>The temporary closures at recreation sites managed by the BLM Coeur d'Alene District will typically be two to three business days, but may last up to seven business days, excluding weekends and Federal holidays, to reduce the impact to the recreating public between July 1, 2024, and Nov. 1, 2024. Information regarding each temporary closure and maps will be available at the local field and district offices, as well as posted at the main entry of each recreation site. BLM Idaho will distribute a news release announcing the closures when they occur. Follow BLM Idaho on X and Facebook @BLMIdaho for the latest information regarding closure dates and locations.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        The designated site closures can be found in the 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section of this notice. Information regarding each temporary closure and maps will be available at the local field and district offices, posted at the main entry of each recreation site, and announced by BLM Idaho via news releases and social media. Follow BLM Idaho on X and Facebook @BLMIdaho for the latest information.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Coeur d'Alene District Engineer Richard Fries, 208-769-5025, 
                        <E T="03">rfries@blm.gov</E>
                         or Coeur d'Alene Deputy District Manager Suzanne Endsley, 208-769-5004, 
                        <E T="03">sendsley@blm.gov.</E>
                         Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-of-contact in the United States.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The designated site closures are as follows:</P>
                <P>• Beauty Bay Recreation Site, located in lot 4, Sec. 11, T. 49 N., R. 3 W., Boise Meridian, Kootenai County;</P>
                <P>• Blackwell Island Recreation Site, located in lot 23, sec. 11 and lots 4 and 5, sec. 14, T. 50 N., R. 4W., Boise Meridian, Kootenai County;</P>
                <P>• Cottonwood Field Office and Wareyard, comprised of Lot 5, Sec. 5, T. 31 N., R. 1 E., Boise Meridian, Idaho County;</P>
                <P>• Huckleberry Campground/Recreation Site, located in lot 14, sec. 4 and lots 3 and 4, sec. 9, T. 45 N., R. 3 E., Boise Meridian, Shoshone County;</P>
                <P>• Killarney Lake Boat Ramp Recreation Site, located in lot 15, sec. 11, T. 48 N., R. 2 W., Boise Meridian, Kootenai County;</P>
                <P>• Lucile Recreation Site(s), located in lots 10, 12, and 13, sec. 11, T. 25 N., R. 1 E., Boise Meridian, Idaho County;</P>
                <P>• McKay's Bend Recreation Site, located in sec. 5, T. 36 N., R. 3 W., Boise Meridian, Nez Perce County;</P>
                <P>• Mineral Ridge Boat Ramp Recreation Site, located in lot 15, sec. 1, T. 49 N., R. 3 W., Boise Meridian, Kootenai County;</P>
                <P>• Mineral Ridge Scenic Trail Recreation Site, located in SW1/4SW1/4, sec. 1, T. 49 N., R. 3 W., Boise Meridian, Kootenai County;</P>
                <P>• Pink House Recreation Site, located in lot 1, sec. 32, T. 37 N., R. 1 E., Boise Meridian, Clearwater County; and</P>
                <P>• Skookumchuck Recreation Site, located in lots 7 and 10, sec. 3, T. 27 N., R. 1 E., Boise Meridian, Idaho County.</P>
                <P>
                    <E T="03">Exceptions to Closure:</E>
                     The temporary closures do not apply to Federal, State, and local officers and employees in the performance of their official duties; contractors and sub-contractors in the performance of their duties; and persons with written authorization from the BLM.
                </P>
                <P>
                    <E T="03">Enforcement:</E>
                     Under the authority of section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a)), 43 CFR 8360.0-7, and 43 CFR 8364.1, the BLM will enforce these listed temporary closures and restrictions within Idaho. Any person who violates the temporary closure may be tried before a United States magistrate and fined in accordance with 18 U.S.C. 3571, imprisoned no more than 12 months under 43 U.S.C. 1733(a) and 43 CFR 8360.0-7, or both. In accordance with 43 CFR 8365.1-7, State or local officials may also impose penalties for violations of Idaho law. These temporary closures restrict all public access to the listed sites, including pedestrian use and motor vehicles, unless specifically excepted as described above.
                </P>
                <EXTRACT>
                    <FP>(Authority: 43 CFR 8364.1)</FP>
                </EXTRACT>
                <SIG>
                    <NAME>Peter Ditton,</NAME>
                    <TITLE>BLM Idaho Acting State Director.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13154 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4310-19-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="50631"/>
                <AGENCY TYPE="S">DEPARTMENT OF THE INTERIOR</AGENCY>
                <SUBAGY>National Park Service</SUBAGY>
                <DEPDOC>[NPS-WASO-NRNHL-DTS#-38090; PPWOCRADI0, PCU00RP14.R50000]</DEPDOC>
                <SUBJECT>National Register of Historic Places; Notification of Pending Nominations and Related Actions</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Park Service, Interior.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The National Park Service is soliciting electronic comments on the significance of properties nominated before June 1, 2024, for listing or related actions in the National Register of Historic Places.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Comments should be submitted electronically by July 1, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Comments are encouraged to be submitted electronically to 
                        <E T="03">National_Register_Submissions@nps.gov</E>
                         with the subject line “Public Comment on &lt;property or proposed district name, (County) State&gt;.” If you have no access to email, you may send them via U.S. Postal Service and all other carriers to the National Register of Historic Places, National Park Service, 1849 C Street NW, MS 7228, Washington, DC 20240.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Sherry A. Frear, Chief, National Register of Historic Places/National Historic Landmarks Program, 1849 C Street NW, MS 7228, Washington, DC 20240, 
                        <E T="03">sherry_frear@nps.gov,</E>
                         202-913-3763.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>The properties listed in this notice are being considered for listing or related actions in the National Register of Historic Places. Nominations for their consideration were received by the National Park Service before June 1, 2024. Pursuant to section 60.13 of 36 CFR part 60, comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation.</P>
                <P>Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.</P>
                <P>Nominations submitted by State or Tribal Historic Preservation Officers:</P>
                <P>
                    <E T="03">Key:</E>
                     State, County, Property Name, Multiple Name (if applicable), Address/Boundary, City, Vicinity, Reference Number.
                </P>
                <EXTRACT>
                    <HD SOURCE="HD1">CALIFORNIA</HD>
                    <HD SOURCE="HD1">Humboldt County</HD>
                    <FP SOURCE="FP-1">California Federation of Women's Clubs Grove Hearthstone, 0.28 miles southwest of Highway 254 (Avenue of the Giants), Weott, SG100010512</FP>
                    <HD SOURCE="HD1">Los Angeles County</HD>
                    <FP SOURCE="FP-1">Los Feliz Village Multi-Family Residential Historic District, Both sides of Vermont Ave., from Franklin Ave. to Los Feliz Boulevard, Los Angeles, SG100010500</FP>
                    <HD SOURCE="HD1">COLORADO</HD>
                    <HD SOURCE="HD1">Chaffee County</HD>
                    <FP SOURCE="FP-1">First Baptist Church of Salida, 419 D Street, Salida, SG100010503</FP>
                    <HD SOURCE="HD1">Pueblo County</HD>
                    <FP SOURCE="FP-1">Eighth Street Baptist Church, 600 W 8th Street, Pueblo, SG100010502</FP>
                    <HD SOURCE="HD1">CONNECTICUT</HD>
                    <HD SOURCE="HD1">Hartford County</HD>
                    <FP SOURCE="FP-1">Bloomfield Avenue Meeting House, 50 Bloomfield Avenue, Hartford, SG100010490</FP>
                    <HD SOURCE="HD1">Middlesex County</HD>
                    <FP SOURCE="FP-1">D &amp; H Scovil Industrial Historic District, 11 Candlewood Hill Rd, 11 and 12 Scovil Rd, 529 Brainerd Hill Rd., Haddam, SG100010491</FP>
                    <HD SOURCE="HD1">FLORIDA</HD>
                    <HD SOURCE="HD1">Madison County</HD>
                    <FP SOURCE="FP-1">Madison County Training School, (Florida's Historic Black Public Schools MPS), 1268 SW Martin Luther King Drive, Madison, MP100010496</FP>
                    <HD SOURCE="HD1">Sarasota County</HD>
                    <FP SOURCE="FP-1">St. Paul Lutheran Church (Sarasota School of Architecture MPS), 2256 Bahia Vista Street, Sarasota, MP100010494</FP>
                    <HD SOURCE="HD1">Seminole County</HD>
                    <FP SOURCE="FP-1">Nils M. and Beverly Schweizer House, 213 Wood Lake Drive, Maitland, SG100010495</FP>
                    <HD SOURCE="HD1">LOUISIANA</HD>
                    <HD SOURCE="HD1">East Baton Rouge Parish</HD>
                    <FP SOURCE="FP-1">East Baton Rouge Parish Library, 700 Laurel Street, Baton Rouge, SG100010507</FP>
                    <FP SOURCE="FP-1">Kean's Apartment Building, 158 West Chimes Street, Baton Rouge, SG100010510</FP>
                    <HD SOURCE="HD1">Tangipahoa Parish</HD>
                    <FP SOURCE="FP-1">Hammond High School Gymnasium, 305 W Morris Avenue, Hammond, SG100010506</FP>
                    <HD SOURCE="HD1">MARYLAND</HD>
                    <HD SOURCE="HD1">Anne Arundel County</HD>
                    <FP SOURCE="FP-1">Corwell's Store, Corwell's Country Market, Johnson's Store, 166 Baltimore-Annapolis Boulevard, Severna Park, SG100010488</FP>
                    <FP SOURCE="FP-1">Harundale Presbyterian Church (Women In Maryland Architecture, 1920-1970 MPS), 1020 Eastway, Glen Burnie, MP100010493</FP>
                    <HD SOURCE="HD1">MONTANA</HD>
                    <HD SOURCE="HD1">Lewis and Clark County</HD>
                    <FP SOURCE="FP-1">Lewis and Clark County Hospital Historic District (Boundary Increase), North Benton Avenue between Chert Place and Flagstone Avenue, Helena, BC100010499</FP>
                    <HD SOURCE="HD1">NEW HAMPSHIRE</HD>
                    <HD SOURCE="HD1">Rockingham County</HD>
                    <FP SOURCE="FP-1">Kensington Town Center Historic District, Amesbury Road (NH Route 150), Kensington, SG100010487</FP>
                    <HD SOURCE="HD1">NEW MEXICO</HD>
                    <HD SOURCE="HD1">Bernalillo County</HD>
                    <FP SOURCE="FP-1">Five Points Community Church, 1534 Bridge Boulevard SW, Albuquerque, SG100010498</FP>
                    <HD SOURCE="HD1">OHIO</HD>
                    <HD SOURCE="HD1">Summit County</HD>
                    <FP SOURCE="FP-1">Merrill, Edwin H., House, 32 Fir Hill, Akron, SG100010492</FP>
                </EXTRACT>
                <P>An owner objection received for the following resource(s):</P>
                <EXTRACT>
                    <HD SOURCE="HD1">CALIFORNIA</HD>
                    <HD SOURCE="HD1">Los Angeles County</HD>
                    <FP SOURCE="FP-1">6th Street Streetcar Commercial Historic District, parts of both sides of 6th Street, from Serrano Avenue to Manhattan Place, Los Angeles, SG100010501</FP>
                </EXTRACT>
                <P>Additional documentation has been received for the following resource(s):</P>
                <EXTRACT>
                    <HD SOURCE="HD1">MISSOURI</HD>
                    <HD SOURCE="HD1">Greene County</HD>
                    <FP SOURCE="FP-1">Wilson's Creek National Battlefield, Address Restricted, Springfield vicinity, AD66000113</FP>
                    <HD SOURCE="HD1">NEW MEXICO</HD>
                    <HD SOURCE="HD1">Santa Fe County</HD>
                    <FP SOURCE="FP-1">Barrio de Analco Historic District (Additional Documentation), Roughly bounded by E. De Vargas and College Sts., Santa Fe, AD68000032</FP>
                    <HD SOURCE="HD1">TENNESSEE</HD>
                    <HD SOURCE="HD1">Davidson County</HD>
                    <FP SOURCE="FP-1">West Meade (Additional Documentation), 6204 Old Harding Pike, Nashville, AD75001750</FP>
                    <HD SOURCE="HD1">Hamilton County</HD>
                    <FP SOURCE="FP-1">Conner Toll House (Additional Documentation), 4212 Anderson Pike, Signal Mountain vicinity, AD77001273</FP>
                    <HD SOURCE="HD1">Maury County</HD>
                    <FP SOURCE="FP-1">Maguire, Patrick, House (Additional Documentation), 105 N James Campbell Blvd., Columbia, AD83004270</FP>
                    <HD SOURCE="HD1">VERMONT</HD>
                    <HD SOURCE="HD1">Caledonia County</HD>
                    <FP SOURCE="FP-1">Centre Covered Bridge (Additional Documentation), NE of Lyndon off U.S. 5, over Passumpsic River, Lyndon vicinity, AD74000204</FP>
                </EXTRACT>
                <P>Nomination(s) submitted by Federal Preservation Officers:</P>
                <P>
                    The State Historic Preservation Officer reviewed the following nomination(s) and responded to the 
                    <PRTPAGE P="50632"/>
                    Federal Preservation Officer within 45 days of receipt of the nomination(s) and supports listing the properties in the National Register of Historic Places.
                </P>
                <EXTRACT>
                    <HD SOURCE="HD1">MONTANA</HD>
                    <HD SOURCE="HD1">Park County</HD>
                    <FP SOURCE="FP-1">Main Boulder Ranger Station, 2815 Main Boulder Rd., McLeod, SG100010504</FP>
                </EXTRACT>
                <P>
                    <E T="03">Authority:</E>
                     Section 60.13 of 36 CFR part 60.
                </P>
                <SIG>
                    <NAME>Sherry A. Frear,</NAME>
                    <TITLE>Chief, National Register of Historic Places/National Historic Landmarks Program.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13063 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4312-52-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <DEPDOC>[Investigation Nos. 701-TA-726 and 731-TA-1694 (Preliminary)]</DEPDOC>
                <SUBJECT>High Chrome Cast Iron Grinding Media From India; Determinations</SUBJECT>
                <P>
                    On the basis of the record 
                    <SU>1</SU>
                    <FTREF/>
                     developed in the subject investigations, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of high chrome cast iron grinding media (“HCCIGM”) from India, provided for in subheading 7325.91.00 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (“LTFV”) and imports of the subject merchandise from India that are alleged to be subsidized by the government of India.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The record is defined in § 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         89 FR 45630 (May 23, 2024); 89 FR 45640 (May 23, 2024).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Commencement of Final Phase Investigations</HD>
                <P>
                    Pursuant to section 207.18 of the Commission's rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the 
                    <E T="04">Federal Register</E>
                     as provided in § 207.21 of the Commission's rules, upon notice from the U.S. Department of Commerce (“Commerce”) of affirmative preliminary determinations in the investigations under §§ 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under §§ 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Any other party may file an entry of appearance for the final phase of the investigations after publication of the final phase notice of scheduling. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. As provided in section 207.20 of the Commission's rules, the Director of the Office of Investigations will circulate draft questionnaires for the final phase of the investigations to parties to the investigations, placing copies on the Commission's Electronic Document Information System (EDIS, 
                    <E T="03">https://edis.usitc.gov</E>
                    ), for comment.
                </P>
                <HD SOURCE="HD1">Background</HD>
                <P>On April 26, 2024, Magotteaux Inc., Franklin, Tennessee, filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of subsidized imports of HCCIGM from India and LTFV imports of HCCIGM from India. Accordingly, effective April 26, 2024, the Commission instituted countervailing duty investigation No. 701-TA-726 and antidumping duty investigation No. 731-TA-1694 (Preliminary).</P>
                <P>
                    Notice of the institution of the Commission's investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the 
                    <E T="04">Federal Register</E>
                     of May 2, 2024 (89 FR 35860). The Commission conducted its conference on May 17, 2024. All persons who requested the opportunity were permitted to participate.
                </P>
                <P>
                    The Commission made these determinations pursuant to §§ 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on June 10, 2024. The views of the Commission are contained in USITC Publication 5518 (June 2024), entitled 
                    <E T="03">High Chrome Cast Iron Grinding Media from India: Investigation Nos. 701-TA-726 and 731-TA-1694 (Preliminary).</E>
                </P>
                <SIG>
                    <P>By order of the Commission.</P>
                    <DATED>Issued: June 10, 2024.</DATED>
                    <NAME>Sharon Bellamy,</NAME>
                    <TITLE>Supervisory Hearings and Information Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13055 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <DEPDOC>[USITC SE-24-026]</DEPDOC>
                <SUBJECT>Sunshine Act Meetings</SUBJECT>
                <PREAMHD>
                    <HD SOURCE="HED">Agency Holding the Meeting: </HD>
                    <P>United States International Trade Commission.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">TIME AND DATE: </HD>
                    <P>June 21, 2024 at 9:30 a.m.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PLACE: </HD>
                    <P>Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205-2000.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">STATUS: </HD>
                    <P>Open to the public.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">MATTERS TO BE CONSIDERED:</HD>
                    <P/>
                    <P>1. Agendas for future meetings: none.</P>
                    <P>2. Minutes.</P>
                    <P>3. Ratification List.</P>
                    <P>4. Commission vote on Inv. Nos. 701-TA-690-691 and 731-TA-1619-1625 and 731-TA-1627 (Final) (Paper Shopping Bags from Cambodia, China, Colombia, India, Malaysia, Portugal, Taiwan, and Vietnam). The Commission currently is scheduled to complete and file its determinations and views of the Commission on July 5, 2024.</P>
                    <P>5. Outstanding action jackets: none.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION: </HD>
                    <P>Sharon Bellamy, Supervisory Hearings and Information Officer, 202-205-2000.</P>
                    <P>The Commission is holding the meeting under the Government in the Sunshine Act, 5 U.S.C. 552(b). In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.</P>
                </PREAMHD>
                <SIG>
                    <P>By order of the Commission.</P>
                    <DATED>Issued: June 11, 2024.</DATED>
                    <NAME>Sharon Bellamy,</NAME>
                    <TITLE>Supervisory Hearings and Information Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13215 Filed 6-12-24; 11:15 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="50633"/>
                <AGENCY TYPE="S">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <DEPDOC>[Investigation Nos. 701-TA-722-725 and 731-TA-1690-1693 (Preliminary)]</DEPDOC>
                <SUBJECT>Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From Cambodia, Malaysia, Thailand, and Vietnam; Determinations</SUBJECT>
                <P>
                    On the basis of the record 
                    <SU>1</SU>
                    <FTREF/>
                     developed in the subject investigations, the United States International Trade Commission (“Commission”) determines, pursuant to the Tariff Act of 1930 (“the Act”), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports of crystalline silicon photovoltaic cells, whether or not assembled into modules (“CSPV products”), from Cambodia, Malaysia, Thailand, and Vietnam, provided for in subheadings 8501.71, 8501.72, and 8501.80 and statistical reporting number 8507.20.8010 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (“LTFV”) and subsidized by the governments of Malaysia, Thailand, and Vietnam, and that there is a reasonable indication that a U.S. industry is threatened with material injury by reason of imports of CSPV products from Cambodia that are alleged to be subsidized by the government of Cambodia.
                    <SU>2</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         The record is defined in § 207.2(f) of the Commission's Rules of Practice and Procedure (19 CFR 207.2(f)).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         89 FR 43809 and 89 FR 43816 (May 20, 2024).
                    </P>
                </FTNT>
                <HD SOURCE="HD1">Commencement of Final Phase Investigations</HD>
                <P>
                    Pursuant to section 207.18 of the Commission's rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the 
                    <E T="04">Federal Register</E>
                     as provided in § 207.21 of the Commission's rules, upon notice from the U.S. Department of Commerce (“Commerce”) of affirmative preliminary determinations in the investigations under §§ 703(b) or 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in those investigations under §§ 705(a) or 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Any other party may file an entry of appearance for the final phase of the investigations after publication of the final phase notice of scheduling. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. As provided in section 207.20 of the Commission's rules, the Director of the Office of Investigations will circulate draft questionnaires for the final phase of the investigations to parties to the investigations, placing copies on the Commission's Electronic Document Information System (EDIS, 
                    <E T="03">https://edis.usitc.gov</E>
                    ), for comment.
                </P>
                <HD SOURCE="HD1">Background</HD>
                <P>On April 24, 2024, the American Alliance for Solar Manufacturing Trade Committee filed petitions with the Commission and Commerce, alleging that an industry in the United States is materially injured or threatened with material injury by reason of subsidized imports of CSPV products from Cambodia, Malaysia, Thailand, and Vietnam and LTFV imports of CSPV products from Cambodia, Malaysia, Thailand, and Vietnam. Accordingly, effective April 24, 2024, the Commission instituted countervailing duty investigation Nos. 701-TA-722-725 and antidumping duty investigation Nos. 731-TA-1690-1693 (Preliminary).</P>
                <P>
                    Notice of the institution of the Commission's investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the 
                    <E T="04">Federal Register</E>
                     of April 30, 2024 (89 FR 34268). The Commission conducted its conference on May 15, 2024. All persons who requested the opportunity were permitted to participate.
                </P>
                <P>
                    The Commission made these determinations pursuant to §§ 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)). It completed and filed its determinations in these investigations on June 10, 2024. The views of the Commission are contained in USITC Publication 5517 (June 2024), entitled 
                    <E T="03">Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from Cambodia, Malaysia, Thailand, and Vietnam: Investigation Nos. 701-TA-722-725 and 731-TA-1690-1693 (Preliminary).</E>
                </P>
                <SIG>
                    <P>By order of the Commission.</P>
                    <DATED>Issued: June 10, 2024.</DATED>
                    <NAME>Sharon Bellamy,</NAME>
                    <TITLE>Supervisory Hearings and Information Officer.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13066 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">INTERNATIONAL TRADE COMMISSION</AGENCY>
                <SUBJECT>Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>U.S. International Trade Commission.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        Notice is hereby given that the U.S. International Trade Commission has received a complaint 
                        <E T="03">Certain Hydrodermabrasion Systems and Components Thereof,</E>
                         DN 3753; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.
                    </P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at 
                        <E T="03">https://edis.usitc.gov.</E>
                         For help accessing EDIS, please email 
                        <E T="03">EDIS3Help@usitc.gov.</E>
                    </P>
                    <P>
                        General information concerning the Commission may also be obtained by accessing its internet server at United States International Trade Commission (USITC) at 
                        <E T="03">https://www.usitc.gov.</E>
                         The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at 
                        <E T="03">https://edis.usitc.gov.</E>
                         Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of HydraFacial LLC f/k/a Edge Systems LLC on June 11, 2024. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain hydrodermabrasion systems and 
                    <PRTPAGE P="50634"/>
                    components thereof. The complaint names as respondents: Cartessa Aesthetics, LLC of Melville, NY; and Eunsung Global Corp. of South Korea. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders, and impose a bond upon respondent alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j).
                </P>
                <P>Proposed respondents, other interested parties, and members of the public are invited to file comments on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.</P>
                <P>In particular, the Commission is interested in comments that:</P>
                <P>(i) explain how the articles potentially subject to the requested remedial orders are used in the United States;</P>
                <P>(ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;</P>
                <P>(iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;</P>
                <P>(iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and</P>
                <P>(v) explain how the requested remedial orders would impact United States consumers.</P>
                <P>
                    Written submissions on the public interest must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the 
                    <E T="04">Federal Register</E>
                    . There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation. Any written submissions on other issues must also be filed by no later than the close of business, eight calendar days after publication of this notice in the 
                    <E T="04">Federal Register</E>
                    . Complainant may file replies to any written submissions no later than three calendar days after the date on which any initial submissions were due, notwithstanding § 201.14(a) of the Commission's Rules of Practice and Procedure. No other submissions will be accepted, unless requested by the Commission. Any submissions and replies filed in response to this Notice are limited to five (5) pages in length, inclusive of attachments. Persons filing written submissions must file the original document electronically on or before the deadlines stated above. Submissions should refer to the docket number (“Docket No. 3753”) in a prominent place on the cover page and/or the first page. (
                    <E T="03">See</E>
                     Handbook for Electronic Filing Procedures, Electronic Filing Procedures 
                    <SU>1</SU>
                    <FTREF/>
                    ).
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Handbook for Electronic Filing Procedures: 
                        <E T="03">https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.</E>
                    </P>
                </FTNT>
                <P>
                    Please note the Secretary's Office will accept only electronic filings during this time. Filings must be made through the Commission's Electronic Document Information System (EDIS, 
                    <E T="03">https://edis.usitc.gov</E>
                    ). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice. Persons with questions regarding filing should contact the Secretary at 
                    <E T="03">EDIS3Help@usitc.gov.</E>
                </P>
                <P>
                    Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. 
                    <E T="03">See</E>
                     19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) by the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. appendix 3; or (ii) by U.S. Government employees and contract personnel,
                    <SU>2</SU>
                    <FTREF/>
                     solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         All contract personnel will sign appropriate nondisclosure agreements.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Electronic Document Information System (EDIS): 
                        <E T="03">https://edis.usitc.gov.</E>
                    </P>
                </FTNT>
                <P>This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)).</P>
                <SIG>
                    <P>By order of the Commission.</P>
                    <DATED>Issued: June 11, 2024.</DATED>
                    <NAME>Lisa Barton,</NAME>
                    <TITLE>Secretary to the Commission.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13172 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7020-02-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">JOINT BOARD FOR THE ENROLLMENT OF ACTUARIES</AGENCY>
                <SUBJECT>Meeting of the Advisory Committee</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Joint Board for the Enrollment of Actuaries.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of Federal advisory committee meeting.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Joint Board for the Enrollment of Actuaries gives notice of a meeting of the Advisory Committee on Actuarial Examinations (a portion of which will be open to the public), which will be held at the Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC, on July 11 and 12, 2024.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>Thursday, July 11, 2024, from 9:30 a.m. to 5 p.m., and Friday, July 12, 2024, from 9 a.m. to 3 p.m.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>The meeting will be held at the Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC 20224.</P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Ms. Elizabeth Van Osten, Designated Federal Officer, Advisory Committee on Actuarial Examinations, at (202) 317-3648 or 
                        <E T="03">elizabeth.j.vanosten@irs.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Notice is hereby given that the Advisory Committee on Actuarial Examinations will meet at the Internal Revenue Service, 1111 Constitution Avenue NW, Washington, DC 20224, on Thursday, July 11, 2024, from 9:30 a.m. to 5 p.m. and Friday, July 12, 2024, from 9 a.m. to 3 p.m.</P>
                <P>
                    The purpose of the meeting is to discuss topics and questions that may be recommended for inclusion on future Joint Board examinations in actuarial mathematics and methodology referred to in 29 U.S.C. 1242(a)(1)(B) and to review the May 2024 Basic (EA-1) and Pension (EA-2L) Examinations in order to make recommendations relative thereto, including the minimum acceptable pass scores. Topics for inclusion on the syllabus for the Joint Board's examination program for the 
                    <PRTPAGE P="50635"/>
                    November 2024 Pension (EA-2F) Examination will be discussed.
                </P>
                <P>A determination has been made as required by section 10(d) of the Federal Advisory Committee Act, 5 U.S.C. 1009, that the portions of the meeting dealing with the discussion of questions that may appear on the Joint Board's examinations and the review of the May 2024 EA-2L and EA-1 Examinations fall within the exceptions to the open meeting requirement set forth in 5 U.S.C. 552b(c)(9)(B), and that the public interest requires that such portions be closed to public participation.</P>
                <P>
                    The portion of the meeting dealing with the discussion of the other topics will commence at 12 p.m. on July 11, 2024, and will continue for as long as necessary to complete the discussion, but not beyond 1 p.m. Time permitting, after the close of this discussion by Committee members, interested persons may make statements germane to this subject. Persons wishing to make oral statements should contact the Designated Federal Officer at 
                    <E T="03">nhqjbea@irs.gov</E>
                     and include the written text or outline of comments they propose to make orally. Such comments will be limited to 10 minutes in length. Persons who wish to attend the public session, including those requiring special accommodations, should contact the Designated Federal Officer at 
                    <E T="03">nhqjbea@irs.gov</E>
                     or (202) 317-3648 to register and obtain access instructions. Notifications of intent to make an oral statement or to attend the meeting must be submitted by July 1, 2024. In addition, any interested person may file a written statement for consideration by the Joint Board and the Advisory Committee by sending it to 
                    <E T="03">nhqjbea@irs.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: June 11, 2024.</DATED>
                    <NAME>Thomas V. Curtin, Jr.,</NAME>
                    <TITLE>Executive Director, Joint Board for the Enrollment of Actuaries.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13137 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4830-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF JUSTICE</AGENCY>
                <SUBJECT>Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act and the Clean Water Act</SUBJECT>
                <P>
                    On May 23, 2024, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Northern District of Ohio in the lawsuit entitled 
                    <E T="03">State of Ohio and United States of America</E>
                     v. 
                    <E T="03">Norfolk Southern Railway Company, et al.,</E>
                     Case No. 4:23-cv-00517.
                </P>
                <P>The proposed Consent Decree settles claims brought by the United States under sections 309 and 311 of the Clean Water Act (“CWA”), 42 U.S.C. 1311 and 1321 and sections 107 and 113 of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. 9607 and 9613, against Norfolk Southern Railway Company and Norfolk Southern Corporation (“Defendants”) related to the February 3, 2023, train derailment in East Palestine, Ohio. The proposed Consent Decree would require Norfolk Southern: (i) to reimburse all CERCLA and CWA section 311 response costs incurred by the United States; (ii) pay a civil penalty of $15 million for violating CWA sections 301 and 311; (iii) establish a $25 million community health program for qualifying members of the public impacted by the derailment; (iv) implement an array of specified rail safety procedures; (v) develop and adopt programs for coordination of rail track restoration and vent and burn procedures; (vi) implement a $6 million local waterways remediation plan; (viii) pay $175,000 for natural resource damages; and (ix) implement compliance and future monitoring requirements in the various work plans approved under EPA's Unilateral Administrative Orders and CWA Order.</P>
                <P>
                    On May 30, 2024, the Department of Justice published a notice in the 
                    <E T="04">Federal Register</E>
                     opening a public comment period on the Consent Decree for a period of 30 days. 89 FR 46908. By this notice, the Department of Justice is extending the public comment period by an additional 35 days, through August 2, 2024. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to 
                    <E T="03">State of Ohio and United States of America</E>
                     v. 
                    <E T="03">Norfolk Southern Railway Company, et al.,</E>
                     D.J. Ref. No. 90-11-3-12792. All comments must be submitted no later than August 2, 2024. Comments may be submitted either by email or by mail:
                </P>
                <GPOTABLE COLS="2" OPTS="L2,tp0,i1" CDEF="xs50,r50">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1" O="L">
                            <E T="03">To submit comments:</E>
                        </CHED>
                        <CHED H="1" O="L">
                            <E T="03">Send them to:</E>
                        </CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">By email</ENT>
                        <ENT>
                            <E T="03">pubcomment-ees.enrd@usdoj.gov</E>
                            .
                        </ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">By mail</ENT>
                        <ENT>Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.</ENT>
                    </ROW>
                </GPOTABLE>
                <P>Any comments submitted in writing may be filed by the United States in whole or in part on the public court docket without notice to the commenter.</P>
                <P>
                    During the public comment period, the proposed Consent Decree may be examined and downloaded at this Justice Department website: 
                    <E T="03">https://www.justice.gov/enrd/consent-decrees.</E>
                     If you require assistance accessing the consent decree, you may request assistance by email or by mail to the addresses provided above for submitting comments.
                </P>
                <SIG>
                    <NAME>Laura Thoms,</NAME>
                    <TITLE>Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13065 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4410-15-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">NATIONAL ARCHIVES AND RECORDS ADMINISTRATION</AGENCY>
                <DEPDOC>[NARA-2024-029]</DEPDOC>
                <SUBJECT>Records Management; General Records Schedule (GRS); GRS Transmittal 35</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>National Archives and Records Administration (NARA).</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice of new General Records Schedule (GRS) Transmittal 35.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>NARA is issuing revisions to the General Records Schedule (GRS). The GRS provides mandatory disposition instructions for records common to several or all Federal agencies. Transmittal 35 includes only changes we have made to the GRS since we published Transmittal 34 in June 2023. All other GRS remain in effect.</P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>This transmittal is effective June 14, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        You can find all GRS schedules and FAQs at 
                        <E T="03">http://www.archives.gov/records-mgmt/grs.html</E>
                         (in Word, PDF, and CSV formats). You can download the complete current GRS, in PDF format, from the same location.
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        For more information about this notice or to obtain paper copies of the GRS, contact Eddie Germino, Regulatory and External Policy Program Manager, by email at 
                        <E T="03">regulation_comments@nara.gov</E>
                         or by telephone at 301.837.3758.
                    </P>
                    <P>
                        Writing and maintaining the GRS is the GRS Team's responsibility. This team is part of Records Management Operations in the Office of the Chief Records Officer, at NARA. You may contact NARA's GRS Team with general questions about the GRS at 
                        <E T="03">GRS_Team@nara.gov.</E>
                    </P>
                    <P>
                        Your agency's records officer may contact the NARA appraiser with whom your agency normally works for support 
                        <PRTPAGE P="50636"/>
                        in carrying out this transmittal and the revised portions of the GRS. You may access a list of appraisal and scheduling contacts on our website at 
                        <E T="03">http://www.archives.gov/records-mgmt/appraisal/index.html.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION: </HD>
                <P>GRS Transmittal 35 announces changes to the General Records Schedules (GRS) made since NARA published GRS Transmittal 34 in June 2023. The GRS provide mandatory disposition instructions for records common to several or all Federal agencies.</P>
                <P>
                    As with the past few transmittals, this transmittal publishes only those schedules that are new or have changed since they were last published in a transmittal. Other schedules 
                    <E T="03">not</E>
                     published in this transmittal remain current and authoritative. You can find all schedules (in Word and PDF formats), general GRS FAQs, and schedule specific FAQs at 
                    <E T="03">http://www.archives.gov/records-mgmt/grs.html.</E>
                </P>
                <HD SOURCE="HD1">1. What changes does this transmittal make to the GRS?</HD>
                <P>GRS Transmittal 35 publishes updates to six schedules. The primary purpose of these updates was to revise certain GRS disposition instructions so that they are machine-implementable. Machine-implementable disposition instructions can be converted into code that a computer application can implement. Machine-implementable instructions must have only one retention type for the computer to know what to do. A retention type identifies the point in time when retention starts, either at the point of creation (an age- or creation-based retention, such as “Destroy when 3 years old”) or when a certain event occurs (an event-based retention, such as “Destroy 3 years after final action”).</P>
                <GPOTABLE COLS="3" OPTS="L2,nj,tp0,i1" CDEF="s60,r100,r100">
                    <TTITLE> </TTITLE>
                    <BOXHD>
                        <CHED H="1">GRS</CHED>
                        <CHED H="1">Item</CHED>
                        <CHED H="1">Change</CHED>
                    </BOXHD>
                    <ROW>
                        <ENT I="01">GRS 2.2, Employee Management Records</ENT>
                        <ENT>
                            030, Employee incentive award records
                            <LI>090, Records related to official passports—Application records</LI>
                        </ENT>
                        <ENT>Revised the disposition instructions for machine-implementation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">GRS 2.3, Employee Relations Records</ENT>
                        <ENT>040, Telework/alternate worksite program case files (now Telework/Alternate Worksite Agreements)</ENT>
                        <ENT>Updated the item title and description for clarity. Revised the disposition instructions for machine-implementation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">GRS 2.4, Employee Compensation and Benefits Records</ENT>
                        <ENT>061, Payroll program administrative records—Payroll system reports providing fiscal information on agency payroll</ENT>
                        <ENT>Revised the disposition instructions for machine-implementation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>080, Wage Survey Files</ENT>
                        <ENT>Revised the item description for clarity. Revised the disposition instructions for machine-implementation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">GRS 2.6, Employee Training Records</ENT>
                        <ENT>041, Senior Executive Service Candidate Development Program (SESCDP)—Case records on SESCDP participants</ENT>
                        <ENT>Revised the disposition instructions for machine-implementation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">GRS 5.4, Facility, Equipment, Vehicle, Property, and Supply Records</ENT>
                        <ENT>
                            020, Real property ownership records
                            <LI O="xl">030, Vehicle and equipment ownership records and operation manuals.</LI>
                        </ENT>
                        <ENT>Revised the disposition instructions for machine-implementation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="01">GRS 5.6, Security Management Record</ENT>
                        <ENT>050, Records of credit card abuse and postal irregularities (now Misuse or irregularities investigation records)</ENT>
                        <ENT>Changed the item title and description for clarity. Revised the disposition instructions for machine-implementation.</ENT>
                    </ROW>
                    <ROW>
                        <ENT I="22"> </ENT>
                        <ENT>
                            100, Accident and incident records
                            <LI O="xl">160, Canine (K-9) service records.</LI>
                        </ENT>
                        <ENT>Revised the disposition instructions for machine-implementation.</ENT>
                    </ROW>
                </GPOTABLE>
                <HD SOURCE="HD1">3. How do agencies cite GRS items when communicating with NARA ?</HD>
                <P>
                    Cite the “DAA” number in the “Disposition Authority” column of the GRS table when transferring records to Federal Records Centers or to NARA for accessioning, or when requesting GRS deviations on record schedules. For example, use “DAA-GRS-2017-0007-0008” rather than “GRS 2.2, item 070.” A GRS Disposition Authority Look-Up Table is available on our website at 
                    <E T="03">https://www.archives.gov/records-mgmt/grs.html.</E>
                </P>
                <HD SOURCE="HD1">4. Do agencies have to take any action to implement these GRS changes?</HD>
                <P>NARA regulations (36 CFR 1226.12(a)) require agencies to disseminate GRS changes within six months of receipt.</P>
                <P>Per 36 CFR 1227.12(a)(1), if a new or revised GRS states that the provisions must be followed without exception, your agency must follow the disposition instructions of the GRS.</P>
                <P>
                    If your agency has an existing schedule item for records covered by a new or revised GRS, the GRS supersedes the agency-specific item. Per 36 CFR 1227.12(a)(3), if you wish to continue using your agency-specific item and the related GRS item is not identified as mandatory, you must notify NARA within 120 days of the date of this transmittal. Please send these notifications to 
                    <E T="03">GRS_Team@nara.gov.</E>
                </P>
                <P>If you do not have an already existing agency-specific item and want to apply a retention period that differs from that specified in the GRS, you must submit a records schedule to NARA for approval via the Electronic Records Archives.</P>
                <HD SOURCE="HD1">5. How can an agency get copies of the new GRS?</HD>
                <P>
                    You can download the complete current GRS, in PDF format, from NARA's website at 
                    <E T="03">http://www.archives.gov/records-mgmt/grs.html.</E>
                </P>
                <HD SOURCE="HD1">6. Whom should an agency contact for further information?</HD>
                <P>
                    Please contact 
                    <E T="03">GRS_Team@nara.gov</E>
                     with any questions related to this transmittal.
                </P>
                <SIG>
                    <NAME>Colleen J. Shogan, </NAME>
                    <TITLE>Archivist of the United States.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13176 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 7515-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">NATIONAL SCIENCE FOUNDATION</AGENCY>
                <SUBJECT>Sunshine Act Meetings</SUBJECT>
                <P>
                    The National Science Board hereby gives notice of the scheduling of a teleconference of the National Science Board/National Science Foundation Commission on Merit Review (MRX) and a teleconference of a joint meeting of the National Science Board's Committee on Strategy (CS) and Committee on Awards and Facilities (A&amp;F) for the transaction of National Science Board business pursuant to the 
                    <PRTPAGE P="50637"/>
                    NSF Act and the Government in the Sunshine Act.
                </P>
                <PREAMHD>
                    <HD SOURCE="HED">TIME AND DATE:</HD>
                    <P>The MRX meeting is scheduled for Tuesday, June 18, 2024, from 4 p.m.-6 p.m. EDT.</P>
                    <P>The joint CS and A&amp;F meeting is scheduled for Friday, June 21, 2024, from 3 p.m.-4 p.m.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PLACE: </HD>
                    <P>This meeting will be via videoconference through the National Science Foundation, 2415 Eisenhower Avenue, 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 for the MRX meeting is: Commission Chair's remarks about the agenda; Discussion of Preliminary Recommendations; Update on External Data Collection Questions; Commission Chair's closing remarks.</P>
                    <P>The agenda for the joint CS and A&amp;F meeting is: Committee Chairs' Opening Remarks about the Agenda; Discussion of Long-term Planning and FY 2026 Budget Development.</P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION: </HD>
                    <P>
                        Point of contact for this meeting is: Chris Blair, 
                        <E T="03">cblair@nsf.gov,</E>
                         703/292-7000. Meeting information and updates may be found at 
                        <E T="03">www.nsf.gov/nsb</E>
                        .
                    </P>
                </PREAMHD>
                <SIG>
                    <NAME>Ann E. Bushmiller,</NAME>
                    <TITLE>Senior Counsel to the National Science Board Office.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13305 Filed 6-12-24; 4:15 pm]</FRDOC>
            <BILCOD>BILLING CODE 7555-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">NUCLEAR REGULATORY COMMISSION</AGENCY>
                <DEPDOC>[NRC-2024-0001]</DEPDOC>
                <SUBJECT>Sunshine Act Meetings</SUBJECT>
                <PREAMHD>
                    <HD SOURCE="HED">TIME AND DATE: </HD>
                    <P>
                        Weeks of June 17, 24, and July 1, 8, 15, 22, 2024. The schedule for Commission meetings is subject to change on short notice. The NRC Commission Meeting Schedule can be found on the internet at: 
                        <E T="03">https://www.nrc.gov/public-involve/public-meetings/schedule.html</E>
                        .
                    </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">PLACE: </HD>
                    <P>
                        The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings or need this meeting notice or the transcript or other information from the public meetings in another format (
                        <E T="03">e.g.,</E>
                         braille, large print), please notify Anne Silk, NRC Disability Program Specialist, at 301-287-0745, by videophone at 240-428-3217, or by email at 
                        <E T="03">Anne.Silk@nrc.gov</E>
                        . Determinations on requests for reasonable accommodation will be made on a case-by-case basis.
                    </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">STATUS: </HD>
                    <P>Public.</P>
                    <P>
                        Members of the public may request to receive the information in these notices electronically. If you would like to be added to the distribution, please contact the Nuclear Regulatory Commission, Office of the Secretary, Washington, DC 20555, at 301-415-1969, or by email at 
                        <E T="03">Betty.Thweatt@nrc.gov</E>
                         or 
                        <E T="03">Samantha.Miklaszewski@nrc.gov</E>
                        .
                    </P>
                </PREAMHD>
                <PREAMHD>
                    <HD SOURCE="HED">MATTERS TO BE CONSIDERED:</HD>
                    <P/>
                </PREAMHD>
                <HD SOURCE="HD1">Week of June 17, 2024</HD>
                <P>There are no meetings scheduled for the week of June 17, 2024.</P>
                <HD SOURCE="HD1">Week of June 24, 2024—Tentative</HD>
                <P>There are no meetings scheduled for the week of June 24, 2024.</P>
                <HD SOURCE="HD1">Week of July 1, 2024—Tentative</HD>
                <P>There are no meetings scheduled for the week of July 1, 2024.</P>
                <HD SOURCE="HD1">Week of July 8, 2024—Tentative</HD>
                <HD SOURCE="HD2">Thursday, July 11, 2024</HD>
                <FP SOURCE="FP-2">10:00 a.m. Briefing on Results of the Agency Action Review Meeting (Public Meeting) (Contact: Greg Stock: 570-449-4306)</FP>
                <P>
                    <E T="03">Additional Information:</E>
                     The meeting will be held in the Commissioners' Hearing Room, 11555 Rockville Pike, Rockville, Maryland. The public is invited to attend the Commission's meeting in person or watch live via webcast at the Web address—
                    <E T="03">https://video.nrc.gov/</E>
                    .
                </P>
                <HD SOURCE="HD1">Week of July 15, 2024—Tentative</HD>
                <P>There are no meetings scheduled for the week of July 15, 2024.</P>
                <HD SOURCE="HD1">Week of July 22, 2024—Tentative</HD>
                <P>There are no meetings scheduled for the week of July 22, 2024.</P>
                <PREAMHD>
                    <HD SOURCE="HED">CONTACT PERSON FOR MORE INFORMATION: </HD>
                    <P>
                        For more information or to verify the status of meetings, contact Wesley Held at 301-287-3591 or via email at 
                        <E T="03">Wesley.Held@nrc.gov</E>
                        .
                    </P>
                    <P>The NRC is holding the meetings under the authority of the Government in the Sunshine Act, 5 U.S.C. 552b.</P>
                </PREAMHD>
                <SIG>
                    <DATED>Dated: June 12, 2024.</DATED>
                    <P>For the Nuclear Regulatory Commission.</P>
                    <NAME>Wesley W. Held,</NAME>
                    <TITLE>Policy Coordinator, Office of the Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13239 Filed 6-12-24; 11:15 am]</FRDOC>
            <BILCOD>BILLING CODE 7590-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-100304; File No. SR-CboeEDGX-2024-028]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe EDGX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Interpretation and Policy .03 to Rule 11.10 To Provide an Additional, Optional Risk Setting to Members and Clearing Members</SUBJECT>
                <DATE>June 10, 2024.</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 May 29, 2024, Cboe EDGX Exchange, Inc. (the “Exchange” or ““EDGX””) 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>Cboe EDGX Exchange, Inc. (the “Exchange” or “EDGX”) proposes to amend Interpretation and Policy .03 to Rule 11.10 to provide an additional, optional risk setting to Members and Clearing Members. The text of the proposed rule change is provided in Exhibit 5.</P>
                <P>
                    The text of the proposed rule change is also available on the Exchange's website (
                    <E T="03">http://markets.cboe.com/us/options/regulation/rule_filings/edgx/</E>
                    ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>
                    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.
                    <PRTPAGE P="50638"/>
                </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 purpose of the proposed rule change is to provide Members 
                    <SU>3</SU>
                    <FTREF/>
                     and Clearing Members 
                    <SU>4</SU>
                    <FTREF/>
                     the option to utilize additional risk settings under proposed Interpretation and Policy .03 of Rule 11.10. Based on feedback from its Members, the Exchange proposes to offer additional, optional risk settings at the Market Participant Identifier (“MPID”) level and/or to a subset of orders identified within the MPID level (the “risk group identifier” level) that would authorize the Exchange to take automated action if a designated limit for a Member is breached. Such risk settings would provide Members and Clearing Members with enhanced abilities to manage their risk with respect to orders on the Exchange.
                    <SU>5</SU>
                    <FTREF/>
                     Proposed paragraphs (a)(3) and (4) of Interpretation and Policy .03 of Rule 11.10 set forth the specific risk settings the Exchange proposes to offer. The current risk settings noted in paragraphs (a)(1)-(2) of Interpretation and Policy .03 of Rule 11.10 will continue to be available to Members and Clearing Members. Specifically, the Exchange proposes to offer two aggregate credit risk settings (the “Aggregate Credit Risk Checks”) as follows:
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Rule 1.5(n). A “Member” shall mean any Member or Sponsored Participant who is authorized to obtain access to the System pursuant to Rule 11.3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Rule 11.13(a). The term “Clearing Member” refers to a Member that is a member of a Qualified Clearing Agency and clears transactions on behalf of another Member.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Similarly, a Sponsoring Member may utilize the check to manage the risk of its Sponsored Participants. A Sponsoring Member shall mean a broker-dealer that has been issued a membership by the Exchange who has been designated by a Sponsored Participant to execute, clear and settle transactions resulting from the System. The Sponsoring Member shall be either (i) a clearing firm with membership in a clearing agency registered with the Commission that maintains facilities through which transactions may be cleared or (ii) a correspondent firm with a clearing arrangement with any such clearing firm. 
                        <E T="03">See</E>
                         Rule 1.5(aa). A Sponsored Participant shall mean a person which has entered into a sponsorship arrangement with a Sponsoring Member pursuant to Rule 11.3. Such sponsored relationships generally include where a broker-dealer allows its customer to use the broker-dealer's MPID or other mechanism or mnemonic to enter orders into the Exchange's System that bypass the Sponsoring Member's order handling system and are electronically routed directly to the Exchange by the Sponsored Participant, including through a service bureau or other third-party technology provider. 
                        <E T="03">See</E>
                         Rule 1.5(z). 
                        <E T="03">See also</E>
                         Securities Exchange Act Release No. 97139 (March 14, 2023), 88 FR 16700 (March 20, 2023), SR-CboeEDGX-2023-014 (“EDGX Sponsored Participant Definition Filing”) at 16701, footnote 12.
                    </P>
                </FTNT>
                <P>• The “Aggregate Gross Credit Exposure Limit”, which refers to a pre-established maximum daily dollar amount for purchases and sales across all symbols, where both purchases and sales are counted as positive values. For purposes of calculating the Aggregate Gross Credit Exposure Limit, both executed and open orders are included; and</P>
                <P>• The “Aggregate Net Credit Exposure Limit”, which refers to a pre-established maximum daily dollar amount for purchases and sales across all symbols, where purchases are counted as positive values and sales are counted as negative values. For purposes of calculating the Aggregate Net Credit Exposure Limit, both executed and open orders are included.</P>
                <P>
                    The proposed Aggregate Credit Risk Checks are nearly identical to credit risk settings monitoring both gross and net exposure provided for in paragraph (h) of Interpretation and Policy .01 of Rule 11.10, but with one notable difference. Importantly, the proposed Aggregate Credit Risk Checks would be applied at the MPID level and/or risk group identifier level, while the risk settings noted in paragraph (h) of Interpretation and Policy .01 are applied at the logical port level.
                    <SU>6</SU>
                    <FTREF/>
                     The proposed Aggregate Credit Risk Checks are also nearly identical to the Gross Credit Risk Limit and Net Credit Risk Limit risk settings provided for in Interpretation and Policy .03(a)(1)-(2) of Rule 11.10, but with one notable difference. The proposed Aggregate Credit Risk Checks are both calculated using both executed and open orders, while the risk settings noted in paragraphs (a)(1)-(2) of Interpretation and Policy .03 are calculated using only executed orders. Therefore, the proposed risk management functionality would allow a Member or Clearing Member to manage its risk more comprehensively, instead of (i) relying on the more limited port level functionality offered today under Interpretation and Policy .01(h) and (ii) being subject to limits only calculated at notional execution value under paragraphs (a)(1)-(2) of Interpretation and Policy .03. Stated differently, the calculation of the proposed Aggregate Credit Risk Checks will not differ from the current aggregate credit risk settings offered under paragraph (h) of Interpretation and Policy .01 of Rule 11.13; however, the ability to implement aggregate credit risk limits at the MPID and/or risk group identifier levels will permit Members and Clearing Members to set credit risk limits at a more granular level. The Exchange also notes that the New York Stock Exchange LLC (“NYSE”) and MIAX Pearl equities exchange (“MIAX Pearl”) both offer risk settings substantially similar to the Aggregate Credit Risk Checks proposed by the Exchange.
                    <SU>7</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         A logical port represents a port established by the Exchange within the Exchange's System for trading and billing purposes. Each logical port established is specific to a Member or non-Member and grants that Member or non-Member the ability to accomplish a specific function, such as order entry, order cancellation, or data receipt.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         NYSE Rule 7.19(b)(1)(A); MIAX Pearl Equities Rule 2618(a)(2)(E)-(F). The Exchange notes that MIAX Pearl adopted Rule 2618(a)(2)(E)-(F) on February 13, 2023, but the functionality may not yet be operational. 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 96905 (February 13, 2023), 88 FR 10391 (February 17, 2023), SR-PEARL-2023-03 (“MIAX Risk Control Filing”).
                    </P>
                </FTNT>
                <P>In addition to the proposed Aggregate Credit Risk Checks, the Exchange proposes to amend paragraph (e) of Interpretation and Policy .03 to provide for an additional manner in which the Exchange may respond in the event that a risk setting is breached. Currently, the Exchange is authorized to automatically block new orders submitted and cancel all open orders in the event that a risk setting is breached. As proposed, paragraph (e) of Interpretation and Policy .03 would permit Members and Clearing Members to authorize the Exchange to either: (i) block new orders submitted and cancel open orders (as is currently permitted) or (ii) block new orders submitted without cancelling open orders in the event that a risk setting is breached. The proposed change is intended to give Members and Clearing Members additional flexibility in how the Exchange responds to a breach of a risk setting pursuant to Interpretation and Policy .03(a).</P>
                <P>
                    By way of background, Exchange Rule 11.13(a) requires that all transactions passing through the facilities of the Exchange shall be cleared and settled through a Qualified Clearing Agency using a continuous net settlement system.
                    <SU>8</SU>
                    <FTREF/>
                     This requirement may be satisfied by direct participation, use of direct clearing services, or by entry into a corresponding clearing arrangement with another Member that clears through a Qualified Clearing Agency (
                    <E T="03">i.e.,</E>
                     a Clearing Member). If a Member clears transactions through another Member that is a Clearing Member, such Clearing Member shall affirm to the 
                    <PRTPAGE P="50639"/>
                    Exchange in writing, through letter of authorization, letter of guarantee or other agreement acceptable to the Exchange, its agreement to assume responsibility for clearing and settling any and all trades executed by the Member designating it as its clearing firm.
                    <SU>9</SU>
                    <FTREF/>
                     Thus, while not all Members are Clearing Members, all Members are required to either clear their own transactions or to have in place a relationship with a Clearing Member that has agreed to clear transactions on their behalf in order to conduct business on the Exchange. Therefore, the Clearing Member that guarantees the Member's transactions on the Exchange has a financial interest in the risk settings utilized within the System 
                    <SU>10</SU>
                    <FTREF/>
                     by the Member. A Member that does not self-clear may allocate or revoke the responsibility of establishing and adjusting the risk settings identified in paragraph (a) to its Clearing Member via the risk management tool available on the web portal at any time.
                    <SU>11</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Rule 1.5(w). The term “Qualified Clearing Agency” means a clearing agency registered with the Commission pursuant to section 17A of the Act that is deemed qualified by the Exchange. The rules of any such clearing agency shall govern with the respect to the clearance and settlement of any transactions executed by the Member on the Exchange.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         A Member can designate one Clearing Member per MPID associated with the Member.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Rule 1.5(cc). “System” is defined as “the electronic communications and trading facility designated by the Board through which securities orders of Members are consolidated for ranking, execution and, when applicable, routing away.”
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Rule 11.10, Interpretation and Policy .03(c). If a Member revokes the responsibility of establishing and adjusting the risk settings identified in paragraph (a), the settings applied by the Member would be applicable.
                    </P>
                </FTNT>
                <P>The Exchange proposes to make the risk setting available to its Members upon request and will not require Members to utilize the Aggregate Credit Risk Checks. The Exchange will not provide preferential treatment to Members utilizing the Aggregate Credit Risk Checks. However, the Exchange believes the Aggregate Credit Risk Checks will offer Members another option in efficient risk management of their access to the Exchange. For instance, the Aggregate Credit Risk Checks may assist some Members in mitigating the risk of executing and/or submitting orders to the Exchange that would violate the Members' stated risk tolerance. Additionally, the proposed functionality is designed to assist Members and Clearing Members in the management of, and risk control over, their credit risk.</P>
                <P>
                    Importantly, as is the case with the Exchange's existing risk settings, the Member, and not the Exchange, will have the full responsibility for ensuring that their orders comply with applicable securities rules, laws, and regulations. Furthermore, the Exchange does not believe that use of the Aggregate Credit Risk Checks can replace Member-managed risk management solutions, and use of the Aggregate Credit Risk Checks does not automatically constitute compliance with Exchange rules. Pursuant to Rule 15c3-5 under the Act,
                    <SU>12</SU>
                    <FTREF/>
                     a broker-dealer with market access must perform appropriate due diligence to assure that controls are reasonably designed to be effective, and otherwise consistent with the rule.
                    <SU>13</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         17 CFR§ 240.15c3-5.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See</E>
                         Division of Trading and Markets, Responses to Frequently Asked Questions Concerning Risk Management Control for Brokers or Dealers with Market Access, 
                        <E T="03">available at https://www.sec.gov/divisions/marketreg/faq-15c-5-risk-management-controls-bd.htm</E>
                    </P>
                </FTNT>
                <P>In conjunction with the proposed addition of the Aggregate Credit Risk Checks to Interpretation and Policy .03(a), the Exchange proposes to remove paragraph (h) from Interpretation and Policy .01 as the Exchange is not required to offer or maintain risk settings and the existing risk settings offered under paragraph (h) of Interpretation and Policy .01 will be redundant with the proposed addition of the Aggregate Credit Risk Checks. The Exchange notes that the current risk settings noted in paragraph (h) of Interpretation and Policy .01 will continue to be available for a limited period of time following the addition of the proposed Aggregate Credit Risk Checks under Interpretation and Policy .03 in order to provide Members and Clearing Members adequate opportunity to transition their risk settings. The Exchange will announce via Exchange Notice the date on which the risk setting offered under Interpretation and Policy .01(h) will no longer be available within 30 days of the implementation of the Aggregate Credit Risk Checks.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the “Act”) and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of section 6(b) of the Act.
                    <SU>14</SU>
                    <FTREF/>
                     Specifically, the Exchange believes the proposed rule change is consistent with the section 6(b)(5) 
                    <SU>15</SU>
                    <FTREF/>
                     requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the section 6(b)(5) 
                    <SU>16</SU>
                    <FTREF/>
                     requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    In particular, the Exchange believes that the proposed Aggregate Credit Risk Checks and amendment to paragraph (e) of Interpretation and Policy .03 will remove impediments to and perfect the mechanism of a free and open market and a national market system because it provides Members and Clearing Members with additional functionality to manage their credit risk with respect to orders on the Exchange. In addition, the proposed Aggregate Credit Risk Checks are not novel as they are based on the Exchange's existing risk setting in Interpretation and Policy .01(h) of Rule 11.10. Additionally, the proposed Aggregate Credit Risk Checks are substantially similar to risk controls offered by both NYSE, which offers a Gross Credit Risk Limit,
                    <SU>17</SU>
                    <FTREF/>
                     and MIAX Pearl, which has adopted both Gross and Net Notional Open and Trade Value risk settings.
                    <SU>18</SU>
                    <FTREF/>
                     Therefore, Members and Clearing Members are already familiar with the types of protections the proposed Aggregate Credit Risk Checks will offer. As such, the Exchange believes that the proposed risk settings would provide a means to address potentially market-impacting events, helping to ensure the proper functioning of the market.
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">Supra</E>
                         note 7.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    In addition, the Exchange believes that the proposed Aggregate Credit Risk Checks and amendment to paragraph (e) of Interpretation and Policy .03 is designed to protect investors and the public interest because the proposed functionality is a form of risk mitigation that will aid Members and Clearing Members in minimizing their risk exposure and reduce the potential for disruptive, market-wide events. The Exchange understands that its Members and Clearing Members employ a number of different risk-based controls, including those required by Rule 15c3-5. The proposed Aggregate Credit Risk Checks will serve as an additional tool for Members and Clearing Members to assist them in identifying any risk exposure. The Exchange believes the proposed Aggregate Credit Risk Checks will assist Members and Clearing Members in managing their financial exposure, which, in turn, could enhance the integrity of trading on the securities 
                    <PRTPAGE P="50640"/>
                    markets and help to assure the stability of the financial system.
                </P>
                <P>
                    Finally, the Exchange believes the proposed rule change does not unfairly discriminate among the Exchange's Members because use of the proposed Aggregate Credit Risk Checks are optional and are not a prerequisite for participation on the Exchange. The proposed Aggregate Credit Risk Checks are completely voluntary and, as they relate solely to optional risk management functionality, no Member is required or under any regulatory obligation to utilize them. Additionally, the removal of the risk setting offered under Interpretation and Policy .01(h) does not unfairly discriminate as the change applies equally to all Members and Clearing Members (
                    <E T="03">i.e.,</E>
                     the risk setting will not be available for any Member or Clearing Member) and merely results in Members not being able to utilize the risk setting, which, as noted above, the Exchange is not required to offer or maintain. Further, the risk settings offered under Interpretation and Policy .01(h) are unnecessary and redundant given the proposed Aggregate Credit Risk Checks, which permit Members and Clearing Members to set credit risk limits at a more granular level.
                </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 purposes of the Act. To the contrary, the Exchange believes that the proposed rule change may have a positive effect on intermarket competition because it would allow the Exchange to offer risk management functionality that is comparable to functionality offered by other national securities exchanges.
                    <SU>19</SU>
                    <FTREF/>
                     Further, by providing Members and Clearing Members additional means to monitor and control risk, the proposed rule may increase confidence in the proper functioning of the markets and contribute to additional competition among trading venues and broker-dealers. Rather than impede competition, the proposal is designed to facilitate more robust risk management by Members and Clearing Members, which, in turn, could enhance the integrity of trading on the securities markets and help to assure the stability of the financial system. The proposal to remove the risk setting offered under Interpretation and Policy .01(h) similarly will not impose any burden on competition because the changes apply to all Members and Clearing Members uniformly, as in the risk setting will no longer be available to any Member or Clearing Member.
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">Supra</E>
                         note 7.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>Because the foregoing proposed rule change does not:</P>
                <P>A. significantly affect the protection of investors or the public interest;</P>
                <P>B. impose any significant burden on competition; and</P>
                <P>
                    C. 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 
                    <SU>20</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(6) 
                    <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)(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">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-CboeEDGX-2024-028 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-CboeEDGX-2024-028. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549 on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-CboeEDGX-2024-028, and should be submitted on or before July 5, 2024.
                </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>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13057 Filed 6-13-24; 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. 34-100303; File No. SR-CboeEDGA-2024-017]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Interpretation and Policy .03 to Rule 11.10 To Provide an Additional, Optional Risk Setting to Members and Clearing Members</SUBJECT>
                <DATE>June 10, 2024.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
                    <PRTPAGE P="50641"/>
                    (“Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on May 29, 2024, Cboe EDGA Exchange, Inc. (the “Exchange” or “EDGA”) 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>Cboe EDGA Exchange, Inc. (the “Exchange” or “EDGA”) proposes to amend Interpretation and Policy .03 to Rule 11.10 to provide an additional, optional risk setting to Members and Clearing Members. The text of the proposed rule change is provided in Exhibit 5.</P>
                <P>
                    The text of the proposed rule change is also available on the Exchange's website (
                    <E T="03">http://markets.cboe.com/us/equities/regulation/rule_filings/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 purpose of the proposed rule change is to provide Members 
                    <SU>3</SU>
                    <FTREF/>
                     and Clearing Members 
                    <SU>4</SU>
                    <FTREF/>
                     the option to utilize additional risk settings under proposed Interpretation and Policy .03 of Rule 11.10. Based on feedback from its Members, the Exchange proposes to offer additional, optional risk settings at the Market Participant Identifier (“MPID”) level and/or to a subset of orders identified within the MPID level (the “risk group identifier” level) that would authorize the Exchange to take automated action if a designated limit for a Member is breached. Such risk settings would provide Members and Clearing Members with enhanced abilities to manage their risk with respect to orders on the Exchange.
                    <SU>5</SU>
                    <FTREF/>
                     Proposed paragraphs (a)(3) and (4) of Interpretation and Policy .03 of Rule 11.10 set forth the specific risk settings the Exchange proposes to offer. The current risk settings noted in paragraphs (a)(1)-(2) of Interpretation and Policy .03 of Rule 11.10 will continue to be available to Members and Clearing Members. Specifically, the Exchange proposes to offer two aggregate credit risk settings (the “Aggregate Credit Risk Checks”) as follows:
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Rule 1.5(n). A “Member” shall mean any Member or Sponsored Participant who is authorized to obtain access to the System pursuant to Rule 11.3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Rule 11.13(a). The term “Clearing Member” refers to a Member that is a member of a Qualified Clearing Agency and clears transactions on behalf of another Member.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Similarly, a Sponsoring Member may utilize the check to manage the risk of its Sponsored Participants. A Sponsoring Member shall mean a broker-dealer that has been issued a membership by the Exchange who has been designated by a Sponsored Participant to execute, clear and settle transactions resulting from the System. The Sponsoring Member shall be either (i) a clearing firm with membership in a clearing agency registered with the Commission that maintains facilities through which transactions may be cleared or (ii) a correspondent firm with a clearing arrangement with any such clearing firm. 
                        <E T="03">See</E>
                         Rule 1.5(aa). A Sponsored Participant shall mean a person which has entered into a sponsorship arrangement with a Sponsoring Member pursuant to Rule 11.3. Such sponsored relationships generally include where a broker-dealer allows its customer to use the broker-dealer's MPID or other mechanism or mnemonic to enter orders into the Exchange's System that bypass the Sponsoring Member's order handling system and are electronically routed directly to the Exchange by the Sponsored Participant, including through a service bureau or other third-party technology provider. 
                        <E T="03">See</E>
                         Rule 1.5(z). 
                        <E T="03">See also</E>
                         Securities Exchange Act Release No. 97197 (March 24, 2023), 88 FR 19180 (March 30, 2023), SR-CboeEDGA-2023-004 (“EDGA Sponsored Participant Definition Filing”) at 19181, footnote 12.
                    </P>
                </FTNT>
                <P>• The “Aggregate Gross Credit Exposure Limit”, which refers to a pre-established maximum daily dollar amount for purchases and sales across all symbols, where both purchases and sales are counted as positive values. For purposes of calculating the Aggregate Gross Credit Exposure Limit, both executed and open orders are included; and</P>
                <P>• The “Aggregate Net Credit Exposure Limit”, which refers to a pre-established maximum daily dollar amount for purchases and sales across all symbols, where purchases are counted as positive values and sales are counted as negative values. For purposes of calculating the Aggregate Net Credit Exposure Limit, both executed and open orders are included.</P>
                <P>
                    The proposed Aggregate Credit Risk Checks are nearly identical to credit risk settings monitoring both gross and net exposure provided for in paragraph (h) of Interpretation and Policy .01 of Rule 11.10, but with one notable difference. Importantly, the proposed Aggregate Credit Risk Checks would be applied at the MPID level and/or risk group identifier level, while the risk settings noted in paragraph (h) of Interpretation and Policy .01 are applied at the logical port level.
                    <SU>6</SU>
                    <FTREF/>
                     The proposed Aggregate Credit Risk Checks are also nearly identical to the Gross Credit Risk Limit and Net Credit Risk Limit risk settings provided for in Interpretation and Policy .03(a)(1)-(2) of Rule 11.10, but with one notable difference. The proposed Aggregate Credit Risk Checks are both calculated using both executed and open orders, while the risk settings noted in paragraphs (a)(1)-(2) of Interpretation and Policy .03 are calculated using only executed orders. Therefore, the proposed risk management functionality would allow a Member or Clearing Member to manage its risk more comprehensively, instead of (i) relying on the more limited port level functionality offered today under Interpretation and Policy .01(h) and (ii) being subject to limits only calculated at notional execution value under paragraphs (a)(1)-(2) of Interpretation and Policy .03. Stated differently, the calculation of the proposed Aggregate Credit Risk Checks will not differ from the current aggregate credit risk settings offered under paragraph (h) of Interpretation and Policy .01 of Rule 11.13; however, the ability to implement aggregate credit risk limits at the MPID and/or risk group identifier levels will permit Members and Clearing Members to set credit risk limits at a more granular level. The Exchange also notes that the New York Stock Exchange LLC (“NYSE”) and MIAX Pearl equities exchange (“MIAX Pearl”) both offer risk settings substantially similar to the Aggregate Credit Risk Checks proposed by the Exchange.
                    <SU>7</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         A logical port represents a port established by the Exchange within the Exchange's System for trading and billing purposes. Each logical port established is specific to a Member or non-Member and grants that Member or non-Member the ability to accomplish a specific function, such as order entry, order cancellation, or data receipt.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         NYSE Rule 7.19(b)(1)(A); MIAX Pearl Equities Rule 2618(a)(2)(E)-(F). The Exchange notes that MIAX Pearl adopted Rule 2618(a)(2)(E)-(F) on February 13, 2023, but the functionality may not yet be operational. 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 96905 (February 13, 2023), 88 FR 10391 
                        <PRTPAGE/>
                        (February 17, 2023), SR-PEARL-2023-03 (“MIAX Risk Control Filing”).
                    </P>
                </FTNT>
                <PRTPAGE P="50642"/>
                <P>In addition to the proposed Aggregate Credit Risk Checks, the Exchange proposes to amend paragraph (e) of Interpretation and Policy .03 to provide for an additional manner in which the Exchange may respond in the event that a risk setting is breached. Currently, the Exchange is authorized to automatically block new orders submitted and cancel all open orders in the event that a risk setting is breached. As proposed, paragraph (e) of Interpretation and Policy .03 would permit Members and Clearing Members to authorize the Exchange to either: (i) block new orders submitted and cancel open orders (as is currently permitted) or (ii) block new orders submitted without cancelling open orders in the event that a risk setting is breached. The proposed change is intended to give Members and Clearing Members additional flexibility in how the Exchange responds to a breach of a risk setting pursuant to Interpretation and Policy .03(a).</P>
                <P>
                    By way of background, Exchange Rule 11.13(a) requires that all transactions passing through the facilities of the Exchange shall be cleared and settled through a Qualified Clearing Agency using a continuous net settlement system.
                    <SU>8</SU>
                    <FTREF/>
                     This requirement may be satisfied by direct participation, use of direct clearing services, or by entry into a corresponding clearing arrangement with another Member that clears through a Qualified Clearing Agency (
                    <E T="03">i.e.,</E>
                     a Clearing Member). If a Member clears transactions through another Member that is a Clearing Member, such Clearing Member shall affirm to the Exchange in writing, through letter of authorization, letter of guarantee or other agreement acceptable to the Exchange, its agreement to assume responsibility for clearing and settling any and all trades executed by the Member designating it as its clearing firm.
                    <SU>9</SU>
                    <FTREF/>
                     Thus, while not all Members are Clearing Members, all Members are required to either clear their own transactions or to have in place a relationship with a Clearing Member that has agreed to clear transactions on their behalf in order to conduct business on the Exchange. Therefore, the Clearing Member that guarantees the Member's transactions on the Exchange has a financial interest in the risk settings utilized within the System 
                    <SU>10</SU>
                    <FTREF/>
                     by the Member. A Member that does not self-clear may allocate or revoke the responsibility of establishing and adjusting the risk settings identified in paragraph (a) to its Clearing Member via the risk management tool available on the web portal at any time.
                    <SU>11</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         
                        <E T="03">See</E>
                         Rule 1.5(w). The term “Qualified Clearing Agency” means a clearing agency registered with the Commission pursuant to Section 17A of the Act that is deemed qualified by the Exchange. The rules of any such clearing agency shall govern with the respect to the clearance and settlement of any transactions executed by the Member on the Exchange.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         A Member can designate one Clearing Member per MPID associated with the Member.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Rule 1.5(cc). “System” is defined as “the electronic communications and trading facility designated by the Board through which securities orders of Members are consolidated for ranking, execution and, when applicable, routing away.”
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Rule 11.10, Interpretation and Policy .03(c). If a Member revokes the responsibility of establishing and adjusting the risk settings identified in paragraph (a), the settings applied by the Member would be applicable.
                    </P>
                </FTNT>
                <P>The Exchange proposes to make the risk setting available to its Members upon request and will not require Members to utilize the Aggregate Credit Risk Checks. The Exchange will not provide preferential treatment to Members utilizing the Aggregate Credit Risk Checks. However, the Exchange believes the Aggregate Credit Risk Checks will offer Members another option in efficient risk management of their access to the Exchange. For instance, the Aggregate Credit Risk Checks may assist some Members in mitigating the risk of executing and/or submitting orders to the Exchange that would violate the Members' stated risk tolerance. Additionally, the proposed functionality is designed to assist Members and Clearing Members in the management of, and risk control over, their credit risk.</P>
                <P>
                    Importantly, as is the case with the Exchange's existing risk settings, the Member, and not the Exchange, will have the full responsibility for ensuring that their orders comply with applicable securities rules, laws, and regulations. Furthermore, the Exchange does not believe that use of the Aggregate Credit Risk Checks can replace Member-managed risk management solutions, and use of the Aggregate Credit Risk Checks does not automatically constitute compliance with Exchange rules. Pursuant to Rule 15c3-5 under the Act,
                    <SU>12</SU>
                    <FTREF/>
                     a broker-dealer with market access must perform appropriate due diligence to assure that controls are reasonably designed to be effective, and otherwise consistent with the rule.
                    <SU>13</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         17 CFR 240.15c3-5.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See</E>
                         Division of Trading and Markets, Responses to Frequently Asked Questions Concerning Risk Management Control for Brokers or Dealers with Market Access, 
                        <E T="03">available at https://www.sec.gov/divisions/marketreg/faq-15c-5-risk-management-controls-bd.htm</E>
                        .
                    </P>
                </FTNT>
                <P>In conjunction with the proposed addition of the Aggregate Credit Risk Checks to Interpretation and Policy .03(a), the Exchange proposes to remove paragraph (h) from Interpretation and Policy .01 as the Exchange is not required to offer or maintain risk settings and the existing risk settings offered under paragraph (h) of Interpretation and Policy .01 will be redundant with the proposed addition of the Aggregate Credit Risk Checks. The Exchange notes that the current risk settings noted in paragraph (h) of Interpretation and Policy .01 will continue to be available for a limited period of time following the addition of the proposed Aggregate Credit Risk Checks under Interpretation and Policy .03 in order to provide Members and Clearing Members adequate opportunity to transition their risk settings. The Exchange will announce via Exchange Notice the date on which the risk setting offered under Interpretation and Policy .01(h) will no longer be available within 30 days of the implementation of the Aggregate Credit Risk Checks.</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the “Act”) and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.
                    <SU>14</SU>
                    <FTREF/>
                     Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>15</SU>
                    <FTREF/>
                     requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>16</SU>
                    <FTREF/>
                     requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    In particular, the Exchange believes that the proposed Aggregate Credit Risk Checks and amendment to paragraph (e) of Interpretation and Policy .03 will remove impediments to and perfect the mechanism of a free and open market and a national market system because it provides Members and Clearing Members with additional functionality to manage their credit risk with respect 
                    <PRTPAGE P="50643"/>
                    to orders on the Exchange. In addition, the proposed Aggregate Credit Risk Checks are not novel as they are based on the Exchange's existing risk setting in Interpretation and Policy .01(h) of Rule 11.10. Additionally, the proposed Aggregate Credit Risk Checks are substantially similar to risk controls offered by both NYSE, which offers a Gross Credit Risk Limit,
                    <SU>17</SU>
                    <FTREF/>
                     and MIAX Pearl, which has adopted both Gross and Net Notional Open and Trade Value risk settings.
                    <SU>18</SU>
                    <FTREF/>
                     Therefore, Members and Clearing Members are already familiar with the types of protections the proposed Aggregate Credit Risk Checks will offer. As such, the Exchange believes that the proposed risk settings would provide a means to address potentially market-impacting events, helping to ensure the proper functioning of the market.
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">Supra</E>
                         note 7.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>In addition, the Exchange believes that the proposed Aggregate Credit Risk Checks and amendment to paragraph (e) of Interpretation and Policy .03 is designed to protect investors and the public interest because the proposed functionality is a form of risk mitigation that will aid Members and Clearing Members in minimizing their risk exposure and reduce the potential for disruptive, market-wide events. The Exchange understands that its Members and Clearing Members employ a number of different risk-based controls, including those required by Rule 15c3-5. The proposed Aggregate Credit Risk Checks will serve as an additional tool for Members and Clearing Members to assist them in identifying any risk exposure. The Exchange believes the proposed Aggregate Credit Risk Checks will assist Members and Clearing Members in managing their financial exposure, which, in turn, could enhance the integrity of trading on the securities markets and help to assure the stability of the financial system.</P>
                <P>
                    Finally, the Exchange believes the proposed rule change does not unfairly discriminate among the Exchange's Members because use of the proposed Aggregate Credit Risk Checks are optional and are not a prerequisite for participation on the Exchange. The proposed Aggregate Credit Risk Checks are completely voluntary and, as they relate solely to optional risk management functionality, no Member is required or under any regulatory obligation to utilize them. Additionally, the removal of the risk setting offered under Interpretation and Policy .01(h) does not unfairly discriminate as the change applies equally to all Members and Clearing Members (
                    <E T="03">i.e.,</E>
                     the risk setting will not be available for any Member or Clearing Member) and merely results in Members not being able to utilize the risk setting, which, as noted above, the Exchange is not required to offer or maintain. Further, the risk settings offered under Interpretation and Policy .01(h) are unnecessary and redundant given the proposed Aggregate Credit Risk Checks, which permit Members and Clearing Members to set credit risk limits at a more granular level.
                </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 purposes of the Act. To the contrary, the Exchange believes that the proposed rule change may have a positive effect on intermarket competition because it would allow the Exchange to offer risk management functionality that is comparable to functionality offered by other national securities exchanges.
                    <SU>19</SU>
                    <FTREF/>
                     Further, by providing Members and Clearing Members additional means to monitor and control risk, the proposed rule may increase confidence in the proper functioning of the markets and contribute to additional competition among trading venues and broker-dealers. Rather than impede competition, the proposal is designed to facilitate more robust risk management by Members and Clearing Members, which, in turn, could enhance the integrity of trading on the securities markets and help to assure the stability of the financial system. The proposal to remove the risk setting offered under Interpretation and Policy .01(h) similarly will not impose any burden on competition because the changes apply to all Members and Clearing Members uniformly, as in the risk setting will no longer be available to any Member or Clearing Member.
                </P>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">Supra</E>
                         note 7.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>Because the foregoing proposed rule change does not:</P>
                <P>A. significantly affect the protection of investors or the public interest;</P>
                <P>B. impose any significant burden on competition; and</P>
                <P>
                    C. 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 
                    <SU>20</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(6) 
                    <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)(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">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-CboeEDGA-2024-017 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-2024-017. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than 
                    <PRTPAGE P="50644"/>
                    those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549 on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-CboeEDGA-2024-017, and should be submitted on or before July 5, 2024.
                </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>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13056 Filed 6-13-24; 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. 34-100305; File No. SR-FINRA-2024-007]</DEPDOC>
                <SUBJECT>
                    Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change To Adopt the FINRA Rule 6500 Series (Securities Lending and Transparency Engine (SLATE
                    <SU>TM</SU>
                    ))
                </SUBJECT>
                <DATE>June 10, 2024.</DATE>
                <P>
                    On May 1, 2024, the Financial Industry Regulatory Authority, Inc. (“FINRA”) filed with the Securities and Exchange Commission (“Commission”), pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     a proposed rule change to adopt the new FINRA Rule 6500 Series (Securities Lending and Transparency Engine (SLATE
                    <E T="51">TM</E>
                    )) to (1) require reporting of securities loans; and (2) provide for the public dissemination of loan information. The proposed rule change was published for comment in the 
                    <E T="04">Federal Register</E>
                     on May 7, 2024.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 100046 (May 1, 2024), 89 FR 38203. Comments received on the proposed rule change are available at: 
                        <E T="03">https://www.sec.gov/comments/sr-finra-2024-007/srfinra2024007.htm.</E>
                    </P>
                </FTNT>
                <P>
                    Section 19(b)(2) of the Act 
                    <SU>4</SU>
                    <FTREF/>
                     provides that, within 45 days of the publication of notice of the filing of a proposed rule change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or as to which the self-regulatory organization consents, the Commission shall either approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether the proposed rule change should be disapproved. The 45th day after publication of the notice for this proposed rule change is June 21, 2024. The Commission is extending this 45-day time period.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         15 U.S.C. 78s(b)(2).
                    </P>
                </FTNT>
                <P>The Commission finds that it is appropriate to designate a longer period within which to take action on the proposed rule change so that it has sufficient time to consider the proposed rule change and the comments received. Accordingly, pursuant to section 19(b)(2) of the Act, the Commission designates August 5, 2024, as the date by which the Commission shall either approve or disapprove, or institute proceedings to determine whether to disapprove, the proposed rule change (File No. SR-FINRA-2024-007).</P>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>5</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>5</SU>
                             17 CFR 200.30-3(a)(31).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13052 Filed 6-13-24; 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. 34-100307; File No. SR-NYSEARCA-2024-53]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Proposed Rule Change To List and Trade Shares of the ProShares Ethereum ETF</SUBJECT>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>June 10, 2024.</P>
                    <P>
                        Pursuant to section 19(b)(1) 
                        <SU>1</SU>
                        <FTREF/>
                         of the Securities Exchange Act of 1934 (“Act”) 
                        <SU>2</SU>
                        <FTREF/>
                         and Rule 19b-4 thereunder,
                        <SU>3</SU>
                        <FTREF/>
                         notice is hereby given that, on June 6, 2024, 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, II, and III 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>
                </DATES>
                <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 list and trade shares of the ProShares Ethereum ETF (the “Fund”) under NYSE Arca Rule 8.201-E (Commodity-Based Trust Shares). 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 list and trade shares (“Shares”) of the Fund, which is a series of the ProShares Trust III (the “Trust”) 
                    <SU>4</SU>
                    <FTREF/>
                     pursuant to NYSE Arca Rule 8.201-E, which governs the listing and trading of Commodity Based Trust Shares.
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         The Trust is a Delaware statutory trust. On April 12, 2024, the Trust filed with the Commission an initial registration statement (the “Registration Statement”) on Form S-1 under the Securities Act of 1933 (15 U.S.C. 77a). The description of the operation of the Trust herein is based, in part, on the Registration Statement. The Registration Statement is not yet effective, and the Shares will not trade on the Exchange until such time that the Registration Statement is effective.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Commodity-Based Trust Shares are securities issued by a trust that represents investors' discrete identifiable and undivided beneficial ownership interest in the commodities deposited into the trust.
                    </P>
                </FTNT>
                <P>
                    According to the Registration Statement, the Trust will not be registered as an investment company under the Investment Company Act of 1940 
                    <SU>6</SU>
                    <FTREF/>
                     and is not required to register 
                    <PRTPAGE P="50645"/>
                    thereunder. The Trust is not a commodity pool for purposes of the Commodity Exchange Act.
                    <SU>7</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         15 U.S.C. 80a-1.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         17 U.S.C. 1.
                    </P>
                </FTNT>
                <P>
                    The Exchange represents that the Shares satisfy the requirements of NYSE Arca Rule 8.201-E and thereby qualify for listing on the Exchange.
                    <SU>8</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         With respect to the application of Rule 10A-3 (17 CFR 240.10A-3) under the Act, the Trust relies on the exemption contained in Rule 10A-3(c)(7).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">
                    Operation of the Trust and Fund 
                    <SU>9</SU>
                    <FTREF/>
                </HD>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         The description of the operation of the Trust, the Fund, the Shares, and the ether market contained herein is based, in part, on the Registration Statement. 
                        <E T="03">See</E>
                         note 4, 
                        <E T="03">supra</E>
                        .
                    </P>
                </FTNT>
                <P>The Trust will issue the Shares which, according to the Registration Statement, represent units of fractional undivided beneficial interest in and ownership of the Fund. The Trust is a Delaware statutory trust that operates pursuant to a trust agreement dated as of April 10, 2024. Delaware Trust Company (the “Trustee”) is the trustee of the Trust. ProShare Capital Management LLC (the “Sponsor”) is the sponsor of the Trust and the Fund. Coinbase Custody Trust Company, LLC (the “Ether Custodian”) will maintain custody of the Fund's ether. The Bank of New York Mellon will be the custodian for the Fund's cash holdings (in such role, the “Cash Custodian”) and the administrator of the Trust (in such role, the “Administrator”).</P>
                <P>According to the Registration Statement, the investment objective of the Fund is to reflect the performance of ether as measured by the Bloomberg Ethereum Index (the “Index”), less the Trust's expenses and liabilities. The Index is designed to measure the performance of ether traded in U.S. Dollars (“USD”) and seeks to provide a representative proxy for the ether market. The closing Index price is calculated at 4:00 p.m. E.T. daily. The Index is owned and administered by Bloomberg Index Services Limited (the “Index Provider”).</P>
                <P>
                    The Fund's only assets will be ether and cash. The Fund does not seek to hold any non-ether digital assets and has expressly disclaimed ownership of any such assets in the event the Fund ever involuntarily comes into possession of such assets.
                    <SU>10</SU>
                    <FTREF/>
                     The Fund will not use derivatives that may subject the Fund to counterparty and credit risks. The Fund will process creations and redemptions in cash. The Fund's only recurring ordinary expense is expected to be the Sponsor's management fee (the “Sponsor Fee”).
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         The Fund may, from time to time, passively receive, by virtue of holding ether, certain rights to receive a new digital asset (“Incidental Rights”) through a fork of the Ethereum network or an airdrop of assets. Any virtual currency (other than ether) acquired through an Incidental Right is “IR Virtual Currency.” With respect to a fork, airdrop, or similar event, the Sponsor will cause the Fund to irrevocably abandon the Incidental Rights and/or IR Virtual Currency associated with such event. Such assets are not and shall never be considered assets of the Fund and will not be taken into account or purposes of determining the Fund's NAV or NAV per Share. Neither the Trust, nor the Sponsor, nor the Ether Custodian, nor any other person associated with the Trust will, directly or indirectly, engage in action where any portion of the Trust's ether becomes subject to the Ethereum proof-of-stake validation or is used to earn additional ether or generate income or other earnings.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Custody of the Fund's Ether</HD>
                <P>
                    The Fund's Ether Custodian will maintain custody of the Fund's ether, other than that which is maintained in a trading account (the “Trading Balance”) with Coinbase, Inc. (the “Prime Execution Agent,” which is an affiliate of the Ether Custodian), in accounts that are required to be segregated from the assets held by the Ether Custodian as principal and the assets of its other customers.
                    <SU>11</SU>
                    <FTREF/>
                     The Fund's ether holdings and cash holdings from time to time may be temporarily held with the Prime Execution Agent in the Trading Balance for certain limited purposes, including in connection with creations and redemptions of Creation Units (as defined below), and the sale of ether to pay the Sponsor's Fee and any other Fund expenses not assumed by the Sponsor, to the extent applicable, and in extraordinary circumstances, in connection with the liquidation of the Fund's ether.
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         The Sponsor will maintain ownership and control of ether in a manner consistent with good delivery requirements for spot commodity transactions.
                    </P>
                </FTNT>
                <P>The Ether Custodian provides safekeeping of ether using a multi-layer cold storage security platform designed to provide offline security of the ether held by the Ether Custodian. The Prime Execution Agent holds the ether associated with customer entitlements across a combination of omnibus cold wallets, omnibus “hot wallets” (meaning wallets whose private keys are generated and stored online, in internet-connected computers or devices) or in omnibus accounts in the Prime Execution Agent's name on a trading venue (including third-party venues and the Prime Execution Agent's own execution venue) where the Prime Execution Agent executes orders to buy and sell ether on behalf of its clients.</P>
                <HD SOURCE="HD3">Valuation of the Fund's Ether</HD>
                <P>The net assets of the Fund and its Shares are valued on a daily basis with reference to the Index, which is designed to measure the performance of ether traded in USD. The Index is calculated daily using Digital Asset Research (“DAR”) pricing and is published after review and quality checks. The “DAR Close Price” is a time-weighted average price derived from eligible, non-outlier trades that occur within a 30-minute window prior to 4:00 p.m. E.T. Intraday Index values will be calculated and published on the Bloomberg Terminal from 6:15 a.m. E.T. to 4:00 p.m. E.T.</P>
                <P>DAR takes pricing from eligible trading platforms based on DAR's vetting methodology, which aims to identify trustworthy trading platforms and encourage best practices by gathering, recording, and comparing a series of quantitative and qualitative data points. DAR's methodology is reviewed quarterly and updated as required to reflect the maturing digital asset marketplace and the needs of its participants. The Index Provider administers the Index according to three guiding principles:</P>
                <P>
                    • 
                    <E T="03">Data Integrity.</E>
                     Pricing Sources 
                    <SU>12</SU>
                    <FTREF/>
                     are selected for liquidity and reliability and approved for use following risk and suitability assessments. Cryptocurrencies must meet minimum thresholds for daily traded USD-value.
                </P>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         The “Pricing Sources” are the trading venues included in the Index.
                    </P>
                </FTNT>
                <P>
                    • 
                    <E T="03">Representative.</E>
                     The Index seeks to provide a proxy for the Ethereum market.
                </P>
                <P>
                    • 
                    <E T="03">Continuity.</E>
                     The Index is intended to be responsive to the changing nature of the market in a manner that does not completely reshape the character of the Index from year to year.
                </P>
                <P>The ether Pricing Sources used by the Index Provider have, at a minimum, represented to the Index Provider that they have documents compliance programs that include, but are not limited to, AML and KYC policies, and have provided the Index Provider with an organizational and/or ownership chart.</P>
                <P>In determining the Fund's Net Asset Value (“NAV”), the Administrator values the ether held by the Fund based on the price set by the Index as of 4:00 p.m. E.T.</P>
                <P>
                    The Sponsor, in its sole discretion, may cause the Fund to price its portfolio based upon an index, benchmark, or standard other than the Index at any time, with prior notice to the shareholders, if investment conditions change or the Sponsor believes that another index, benchmark, or standard better aligns with the Fund's investment objective and strategy. The Sponsor may make this decision for a number of 
                    <PRTPAGE P="50646"/>
                    reasons, including, but not limited to, a determination that the Index price of ether differs materially from the global market price of ether and/or that third parties are able to purchase and sell ether on public or private markets not included among the Pricing Sources, and such transactions may take place at prices materially higher or lower than the Index price. The Sponsor, however, is under no obligation whatsoever to make such changes in any circumstance. In the event that the Sponsor intends to establish the Fund's NAV by reference to an index, benchmark, or standard other than the Index, it will provide shareholders with notice in a prospectus supplement and/or a current report on Form 8-K or in the Fund's annual or quarterly reports.
                    <SU>13</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         The Sponsor will provide notice of any such changes in the Trust's periodic or current reports and, if the Sponsor makes such a change other than on an ad hoc or temporary basis, will file a proposed rule change with the Commission.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Net Asset Value</HD>
                <P>The Fund's NAV means the total assets of the Fund, which will consist solely of ether and cash, less total liabilities of the Fund. The Administrator determines the NAV of the Fund on each day that the Exchange is open for regular trading, as promptly as practical after 4:00 p.m. ET. The NAV of the Fund is the aggregate value of the Fund's assets less its estimated accrued but unpaid liabilities (which include accrued expenses). In determining the Fund's NAV, the Administrator values the ether held by the Fund based on the price set by the Index as of 4:00 p.m. ET. The Administrator also determines the NAV per Share by dividing the NAV by the number of Shares then outstanding.</P>
                <HD SOURCE="HD3">Indicative Optimized Portfolio Value (“IOPV”)</HD>
                <P>The IOPV is an indicator of the value of the Fund's net assets at the time the IOPV is disseminated. The IOPV is calculated and disseminated at least every 15 seconds throughout the trading day. The IOPV is generally calculated using the prior day's closing net assets of the Fund as a base and updating throughout the trading day changes in the value of ether based on the intraday Index. One or more major market data vendors will widely disseminate the IOPV, updated every 15 seconds each trading day as calculated by the Exchange or a third-party financial data provider during the Exchange's Core Trading Session (9:30 a.m. to 4:00 p.m., E.T.).</P>
                <HD SOURCE="HD3">Creation and Redemption of Shares</HD>
                <P>The Fund creates and redeems Shares from time to time, but only in one or more “Creation Units.” These transactions will take place in exchange for cash. “Authorized Participants” are the only persons that may place orders to create and redeem Creation Units. Each Authorized Participant must be registered as a broker-dealer under the Exchange Act and regulated by the FINRA, or exempt from being, or otherwise not required to be, so regulated or registered, and must be qualified to act as a broker or dealer in the states or other jurisdictions where the nature of its business so requires.</P>
                <P>
                    The Fund will engage in ether transactions for converting cash into ether (in association with purchase orders) and ether into cash (in association with redemption orders). The Fund will conduct its ether purchase and sale transactions by, in its sole discretion, choosing to trade directly with third parties (each, an “Ether Trading Counterparty”),
                    <SU>14</SU>
                    <FTREF/>
                     who are not registered broker-dealers, pursuant to written agreements between such Ether Trading Counterparties and the Fund, or choosing to trade through the Prime Execution Agent through its Coinbase Prime service pursuant to the Prime Execution Agent Agreement. Initially, the Fund expects to conduct its ether purchase and sale transactions solely through the Prime Execution Agent through its Coinbase Prime service. Over time, the Fund also expects to conduct these transactions by trading directly with Ether Trading Counterparties. Ether Trading Counterparties may be added at any time, subject to the discretion of the Sponsor. The Authorized Participants will deliver only cash to create Shares and will receive only cash when redeeming Shares. Further, Authorized Participants will not directly or indirectly purchase, hold, deliver, or receive ether as part of the creation or redemption process or otherwise direct the Fund or a third party with respect to purchasing, holding, delivering, or receiving ether as part of the creation or redemption process.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         The Ether Trading Counterparties with which the Sponsor will engage in ether transactions are unaffiliated third-parties that are not acting as agents of the Fund, the Sponsor, or the Authorized Participant, and all transactions will be done on an arms-length basis. There is no contractual relationship between the Fund, the Sponsor, or the Ether Trading Counterparty. When seeking to sell ether on behalf of the Fund, the Sponsor will seek to sell ether at commercially reasonable price and terms to any of the approved Ether Trading Counterparties. Once agreed upon, the transaction will generally occur on an “over-the-counter” basis.
                    </P>
                </FTNT>
                <P>The Fund will create Shares by receiving ether from a third party that is not the Authorized Participant and the Fund—not the Authorized Participant—is responsible for selecting the third party to deliver the ether. Further, the third party will not be acting as an agent of the Authorized Participant with respect to the delivery of the ether to the Fund or acting at the direction of the Authorized Participant with respect to the delivery of the ether to the Fund. The Fund will redeem Shares by delivering ether to a third party that is not the Authorized Participant and the Fund—not the Authorized Participant—is responsible for selecting the third party to receive the ether. Further, the third party will not be acting as an agent of the Authorized Participant with respect to the receipt of the ether from the Fund or acting at the direction of the Authorized Participant with respect to the receipt of the ether from the Fund. The third party will be unaffiliated with the Trust, the Fund and the Sponsor. The Prime Execution Agent facilitates the purchase and sale or settlement of the Fund's ether transactions. Ether Trading Counterparties settle trades with the Fund using their own accounts at the Prime Execution Agent when trading with the Fund.</P>
                <HD SOURCE="HD3">Creation of Shares</HD>
                <P>
                    On any business day,
                    <SU>15</SU>
                    <FTREF/>
                     an Authorized Participant may place an order with the Transfer Agent to create one or more Creation Units. By placing a creation order, an Authorized Participant agrees to facilitate the deposit of ether with the Ether Custodian. For a creation of Creation Units, the Authorized Participant will be required to submit the purchase order by an early order cutoff time (the “Creation Early Order Cutoff Time”). The Creation Early Order Cutoff Time is 2:00 p.m. E.T. on the business day prior to trade date. The date on which the order is received will determine the estimated cash amount (the “Creation Unit Amount”) the Authorized Participant needs to deposit and the basket ether amount (the “Creation Unit Ether Amount”) the Fund needs to purchase from the Ether Trading Counterparty or through the Prime Execution Agent. The final cash amounts will be determined after the NAV of the Fund is struck and the Fund's ether transactions have settled.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         For purposes of processing creation and redemption orders, a “business day” means any day other than a day when the Exchange is closed for regular trading.
                    </P>
                </FTNT>
                <P>
                    The Creation Unit Amount necessary for the creation of a Creation Unit changes from day to day. On each 
                    <PRTPAGE P="50647"/>
                    business day, the Administrator will adjust the cash amount constituting the Creation Unit Amount and the quantity of ether constituting the Creation Unit Ether Amount as appropriate to reflect sales of ether, any loss of ether that may occur, and accrued expenses. The computation is made by the Sponsor as promptly as practicable after 4:00 p.m. E.T. The Administrator will determine the Creation Unit Amount for a given day by multiplying the NAV by the number of Shares in each Creation Unit and determine the Creation Unit Ether Amount for a given day by dividing the Creation Unit Amount for that day by that day's Index. The Creation Unit Amount and the Creation Unit Ether Amount so determined will be made available to all Authorized Participants and Ether Transaction Counterparties on the Sponsor's website for the Shares.
                </P>
                <HD SOURCE="HD3">Redemption of Shares</HD>
                <P>
                    The procedures by which an Authorized Participant can redeem one or more Creation Units mirror the procedures for the creation of Creation Units. On any business day, an Authorized Participant may place an order to redeem one or more Creation Units. For a redemption of Creation Units, the Authorized Participant will be required to submit a redemption order by an early order cutoff time (the “Redemption Early Order Cutoff Time”). The Redemption Early Order Cutoff Time is 6:00 p.m. E.T. on the business day prior to trade date. On the date of the Redemption Early Order Cutoff Time, the Sponsor may choose, in its sole discretion, to enter into a transaction with an Ether Trading Counterparty or the Prime Execution Agent, to sell ether in exchange for cash. Also on the date of the Redemption Order Early Cutoff, the Sponsor instructs the Ether Custodian to prepare to move the associated ether from the Fund's Vault Balance 
                    <SU>16</SU>
                    <FTREF/>
                     with the Ether Custodian to the Fund's Trading Balance with the Prime Execution Agent.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         The Fund's “Vault Balance” is the Fund's ether that is required to be segregated from the assets held by the Ether Custodian as principal and the assets of its other customers.
                    </P>
                </FTNT>
                <P>For settlement of a redemption, the Authorized Participant delivers the necessary Shares to the Fund, an Ether Trading Counterparty or the Prime Execution Agent, as applicable, delivers the cash to the Trust associated with the Fund's sale of ether, the Fund delivers ether to the Ether Trading Counterparty's account at the Prime Execution Agent or directly to the Prime Execution Agent, as applicable, and the Fund delivers cash to the Authorized Participant. With respect to a redemption order, between the Fund and the Authorized Participant, the Authorized Participant will be responsible for the dollar cost of the difference between the ether price utilized in calculating the NAV on trade date and the price realized in selling the ether to raise the cash needed for the cash redemption order to the extent the price realized in selling the ether is lower than the ether price utilized in the NAV. To the extent the price realized in selling the ether is higher than the price utilized in the NAV, the Authorized Participant will be entitled to the dollar amount of any such difference.</P>
                <HD SOURCE="HD3">Background</HD>
                <P>Ethereum is free software that is hosted on computers distributed throughout the globe. Ethereum employs an array of computer code-based logic, called a protocol, to create a unified understanding of ownership, commercial activity, and economic logic. This allows users to engage in commerce without the need to trust any of its participants or counterparties. Ethereum code creates verifiable and unambiguous rules that assign clear, strong property rights to create a platform for unrestrained business formation and free exchange. No single intermediary or entity operates or controls the Ethereum network, the transaction validation and recordkeeping infrastructure of which is collectively maintained by a disparate user base. The Ethereum network allows people to exchange tokens of value, or ether, which are recorded on a distributed, public recordkeeping system or ledger known as a blockchain, and which can be used to pay for goods and services, including computational power on the Ethereum network, or converted to fiat currencies, such as the U.S. dollar, at rates determined on spot trading platforms or in individual peer-to-peer transactions. By combining the recordkeeping system of the Ethereum blockchain with a flexible scripting language that can be used to implement a wide variety of instructions, the Ethereum network is intended to act as a public computational layer on top of which users can build their own public software programs, as an alternative to centralized web services. On the Ethereum network, ether is the unit of account that users pay for the computational resources consumed by running programs of their choice.</P>
                <P>
                    Previously, U.S. retail investors have lacked a U.S. regulated, U.S. exchange-traded vehicle to gain direct exposure to ether. Instead, current options include: (i) facing the counter-party risk, legal uncertainty, technical risk, and complexity associated with accessing spot ether directly, or (ii) over-the-counter ether funds (“OTC Ether Funds”) with high management fees and potentially volatile premiums and discounts. Meanwhile, investors in other countries, including Germany, Switzerland, and France, are able to use more traditional exchange listed and traded products (including exchange-traded funds holding spot ether) to gain exposure to ether.
                    <SU>17</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         The Exchange notes that the list of countries above is not exhaustive and that securities regulators in a number of additional countries have either approved or otherwise allowed the listing and trading of spot ether ETPs.
                    </P>
                </FTNT>
                <P>
                    To this point, the lack of an exchange-traded product (“ETP”) that holds spot ether (a “Spot Ether ETP”) exposes U.S. investor assets to significant risk because investors who would otherwise seek exposure through a Spot Ether ETP are forced to find alternative exposure through generally riskier means. For example, investors in OTC Ether Funds are not afforded the benefits and protections of regulated Spot Ether ETPs, resulting in retail investors potentially suffering losses due to drastic movements in the premium/discount of OTC Ether Funds. Additionally, many U.S. investors who held their digital assets in accounts at FTX,
                    <SU>18</SU>
                    <FTREF/>
                     Celsius Network LLC,
                    <SU>19</SU>
                    <FTREF/>
                     BlockFi Inc.,
                    <SU>20</SU>
                    <FTREF/>
                     and Voyager Digital Holdings, Inc.
                    <SU>21</SU>
                    <FTREF/>
                     have become unsecured creditors in the insolvencies of those entities. The Sponsor believes that, if a Spot Ether ETP had been available to U.S. investors, it is likely that at least a portion of the billions of dollars tied up in those proceedings would still reside in the brokerage accounts of U.S. investors, having instead been invested in the transparent, regulated, and well-understood structure of a Spot Ether ETP. The Sponsor thus believes that the approval of a Spot Ether ETP would represent a major step towards protection of U.S. investors.
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See</E>
                         FTX Trading Ltd., et al., Case No. 22-11068.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">See</E>
                         Celsius Network LLC, et al., Case No. 22-10964.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">See</E>
                         BlockFi Inc., Case No. 22-19361.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">See</E>
                         Voyager Digital Holdings, Inc., et al., Case No. 22-10943.
                    </P>
                </FTNT>
                <HD SOURCE="HD3">CME Ether Futures Market</HD>
                <P>
                    The Chicago Mercantile Exchange (“CME”) began offering trading in ether futures on February 8, 2021.
                    <SU>22</SU>
                    <FTREF/>
                     Each contract represents fifty ether and is based on the CME CF Ether Reference Rate. The contracts trade and settle like 
                    <PRTPAGE P="50648"/>
                    other cash settled commodity futures contracts.
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         
                        <E T="03">See</E>
                         “CME Group Announces Launch of Ether Futures,” February 8, 2021.
                    </P>
                </FTNT>
                <GPH SPAN="3" DEEP="225">
                    <GID>EN14JN24.433</GID>
                </GPH>
                <P>
                    Most measurable metrics related to CME ether futures have trended up since launch. For example, there were 92,278 CME ether futures contracts traded in April 2024 (approximately $14.9 billion) compared to 105,005 contracts ($10.1 billion), 83,568 contracts ($12.8 billion), and 49,938 contracts ($6.0 billion) traded in April 2023, April 2022, and April 2021, respectively.
                    <SU>23</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         Source: Bloomberg.
                    </P>
                </FTNT>
                <P>
                    Average daily open interest was 5,650 CME ether futures contracts in April 2024 (approximately $920 million) compared to 4,737 contracts ($459 million), 3,371 contracts ($521 million), and 2,134 contracts ($253 million) in April 2023, April 2022, and April 2021 respectively.
                    <SU>24</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         Source: Bloomberg.
                    </P>
                </FTNT>
                <GPH SPAN="3" DEEP="227">
                    <GID>EN14JN24.434</GID>
                </GPH>
                <P>
                    The number of large open interest holders has increased as well, as demonstrated in the figure that follows.
                    <SU>25</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>25</SU>
                         A large open interest holder in ether futures is an entity that holds at least 25 contracts, or the equivalent of 1,250 ether. Source: The Block.
                    </P>
                </FTNT>
                <GPH SPAN="3" DEEP="229">
                    <PRTPAGE P="50649"/>
                    <GID>EN14JN24.435</GID>
                </GPH>
                <P>
                    The Commodity Futures Trading Commission (“CFTC”) regulates the CME ether futures market, and both the Exchange and CME are members of the Intermarket Surveillance Group (“ISG”).
                    <SU>26</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>26</SU>
                         For a list of the current members and affiliate members of ISG, see 
                        <E T="03">https://www.isgportal.com/.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Applicable Standard</HD>
                <P>
                    On May 23, 2024, the Commission approved the listing and trading of shares of the Grayscale Ethereum Trust and the Bitwise Ethereum ETF under NYSE Arca Rule 8.201-E (Commodity-Based Trust Shares); the iShares Ethereum Trust under Nasdaq Rule 5711(d) (Commodity-Based Trust Shares); and the VanEck Ethereum Trust, the ARK 21Shares Ethereum ETF, the Invesco Galaxy Ethereum ETF, the Fidelity Ethereum Fund, and the Franklin Ethereum ETF under Cboe BZX Rule 14.11(e)(4) (Commodity-Based Trust Shares) (collectively, the “Spot Ether ETPs”).
                    <SU>27</SU>
                    <FTREF/>
                     In the Spot Ether ETP Approval Order, the Commission found that the proposed rule changes to list the Spot Ether ETPs demonstrated that there were “sufficient `other means' of preventing fraud and manipulation,” including that:
                </P>
                <FTNT>
                    <P>
                        <SU>27</SU>
                         Securities Exchange Act Release No. 100224 (May 23, 2024) (SR-NYSEARCA-2023-70; SR-NYSEARCA-2024-31; SR-NASDAQ-2023-045; SR-CboeBZX-2023-069; SR-CboeBZX-2023-070; SR-CboeBZX-2023-087; SR-CboeBZX-2023-095; SR-CboeBZX-2024-018) (Order Granting Accelerated Approval of Proposed Rule Changes, as Modified by Amendments Thereto, to List and Trade Shares of Ether-Based Exchange-Traded Products) (the “Spot Ether ETP Approval Order”).
                    </P>
                </FTNT>
                <EXTRACT>
                    <P>
                        [B]ased on the record before the Commission and the Commission's own correlation analysis, the Commission concludes that fraud or manipulation that impacts prices in spot ether markets would likely similarly impact CME ether futures prices, such that a surveillance-sharing agreement with the CME can be reasonably expected to assist in surveilling for fraud and manipulation that may impact the [Spot Ether ETPs].
                        <SU>28</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>28</SU>
                             Spot Ether ETP Approval Order at 16-17.
                        </P>
                    </FTNT>
                </EXTRACT>
                <P>The Fund is structured and will operate in a manner materially the same as the Spot Ether ETPs. The Sponsor believes that the Exchange's ability to obtain information regarding trading in ether futures from the CME, which, like the Exchange, is a member of the ISG, would assist the Exchange in detecting potential fraud or manipulation with respect to trading in the Shares. The Sponsor thus believes that, for reasons similar to those set forth in the Spot Ether ETP Approval Order, listing and trading Shares of the Fund would be consistent with the requirements of the Act.</P>
                <HD SOURCE="HD3">Availability of Information</HD>
                <P>The NAV per Share will be calculated and disseminated daily to all market participants at the same time. Quotation and last-sale information regarding the Shares will be disseminated through the facilities of the CTA. The IOPV will be calculated every 15 seconds throughout the core trading session each trading day.</P>
                <P>
                    The Sponsor will cause information about the Shares to be posted to the Fund's website (
                    <E T="03">www.proshares.com</E>
                    ): (1) the NAV and NAV per Share for each Exchange trading day, posted at end of day; (2) the daily holdings of the Fund, before 9:30 a.m. E.T. on each Exchange trading day; (3) the Fund's effective prospectus, in a form available for download; and (4) the Shares' ticker and CUSIP information, along with additional quantitative information updated on a daily basis for the Fund. For example, the Fund's website will include (1) the prior Business Day's trading volume, the prior Business Day's reported NAV and closing price, and a calculation of the premium and discount of the closing price or mid-point of the bid/ask spread at the time of NAV calculation (“Bid/Ask Price”) against the NAV; and (2) data in chart format displaying the frequency distribution of discounts and premiums of the daily closing price or Bid/Ask Price against the NAV, within appropriate ranges, for at least each of the four previous calendar quarters. The Fund's website will be publicly available prior to the public offering of Shares and accessible at no charge.
                </P>
                <P>Investors may obtain on a 24-hour basis ether pricing information based on the Index, spot ether market prices and ether futures price from various financial information service providers. Current ether spot market prices are also available with bid/ask spreads from ether trading platforms, including the Pricing Sources of the Index.</P>
                <P>Information regarding market price and trading volume of the Shares will be continually available on a real-time basis throughout the day on brokers' computer screens and other electronic services.</P>
                <P>
                    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.
                    <PRTPAGE P="50650"/>
                </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>29</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.
                </P>
                <FTNT>
                    <P>
                        <SU>29</SU>
                         
                        <E T="03">See</E>
                         NYSE Arca Rule 7.12-E.
                    </P>
                </FTNT>
                <P>
                    The Exchange may halt trading during the day in which an interruption to the dissemination of the IOPV or intraday Index value occurs.
                    <SU>30</SU>
                    <FTREF/>
                     If the interruption to the dissemination of the IOPV or intraday Index persists past the trading day in which it occurred, the Exchange will halt trading no later than the beginning of the trading day following the interruption. In addition, if the Exchange becomes aware that the NAV with respect to the Shares is not disseminated to all market participants at the same time, it will halt trading in the Shares until such time as the NAV is available to all market participants.
                </P>
                <FTNT>
                    <P>
                        <SU>30</SU>
                         A limit up/limit down condition in the futures market would not be considered an interruption requiring the Fund to be halted.
                    </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 4:00 a.m. to 8:00 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>
                    The Shares will conform to the initial and continued listing criteria under NYSE Arca Rule 8.201-E. The trading of the Shares will be subject to NYSE Arca Rule 8.201-E(g), which sets forth certain restrictions on Equity Trading Permit Holders (“ETP Holders”) acting as registered Market Makers in Commodity-Based Trust Shares to facilitate surveillance.
                    <SU>31</SU>
                    <FTREF/>
                     The Exchange represents that, for initial and continued listing, the Fund will be in compliance with Rule 10A-3 under the Act,
                    <SU>32</SU>
                    <FTREF/>
                     as provided by NYSE Arca Rule 5.3-E. A minimum of 100,000 Shares of the Fund will be outstanding at the commencement of trading on the Exchange.
                </P>
                <FTNT>
                    <P>
                        <SU>31</SU>
                         Under NYSE Arca Rule 8.201-E(g), an ETP Holder acting as a registered Market Maker in the Shares is required to provide the Exchange with information relating to its accounts for trading in the underlying commodity, related futures or options on futures, or any other related derivatives. Commentary .04 of NYSE Arca Rule 11.3-E requires an ETP Holder acting as a registered Market Maker, and its affiliates, in the Shares to establish, maintain and enforce written policies and procedures reasonably designed to prevent the misuse of any material nonpublic information with respect to such products, any components of the related products, any physical asset or commodity underlying the product, applicable currencies, underlying indexes, related futures or options on futures, and any related derivative instruments (including the Shares). As a general matter, the Exchange has regulatory jurisdiction over its ETP Holders and their associated persons, which include any person or entity controlling an ETP Holder. To the extent the Exchange may be found to lack jurisdiction over a subsidiary or affiliate of an ETP Holder that does business only in commodities or futures contracts, the Exchange could obtain information regarding the activities of such subsidiary or affiliate through surveillance sharing agreements with regulatory organizations of which such subsidiary or affiliate is a member.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>32</SU>
                         17 CFR 240.10A-3. 
                        <E T="03">See</E>
                         note 8, 
                        <E T="03">supra.</E>
                    </P>
                </FTNT>
                <HD SOURCE="HD3">Surveillance</HD>
                <P>
                    The Exchange represents that trading in the Shares of the Fund will be subject to the existing trading surveillances administered by the Exchange, as well as cross-market surveillances administered by FINRA on behalf of the Exchange, which are designed to detect violations of Exchange rules and applicable federal securities laws.
                    <SU>33</SU>
                    <FTREF/>
                     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.
                </P>
                <FTNT>
                    <P>
                        <SU>33</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, 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 with other markets and other entities that are members of the ISG, and the Exchange or FINRA, on behalf of the Exchange, or both, may obtain trading information regarding trading in the Shares and ether derivatives from such markets and other entities. In addition, the Exchange may obtain information regarding trading in the Shares and ether derivatives from markets and other entities that are members of ISG or with which the Exchange has in place a CSSA. The Exchange is also able to obtain information regarding trading in the Shares and any underlying ether, ether futures contracts, options on ether futures, or any other ether derivatives in connection with ETP Holders' proprietary trades, or customer trades effected through ETP Holders on any relevant market. Under NYSE Arca Rule 8.201-E(g), an ETP Holder acting as a registered Market Maker in the Shares is required to provide the Exchange with information relating to its accounts for trading in any underlying commodity, related futures or options on futures, or any other related derivatives. Commentary .04 of NYSE Arca Rule 11.3-E requires an ETP Holder acting as a registered Market Maker, and its affiliates, in the Shares to establish, maintain and enforce written policies and procedures reasonably designed to prevent the misuse of any material nonpublic information with respect to such products, any components of the related products, any physical asset or commodity underlying the product, applicable currencies, underlying indexes, related futures or options on futures, and any related derivative instruments (including the Shares). As a general matter, the Exchange has regulatory jurisdiction over its ETP Holders and their associated persons, which include any person or entity controlling an ETP Holder. To the extent the Exchange may be found to lack jurisdiction over a subsidiary or affiliate of an ETP Holder that does business only in commodities or futures contracts and that subsidiary or affiliate is a member of another regulatory organization, the Exchange could obtain information regarding the activities of such subsidiary or affiliate through a surveillance sharing agreement with that regulatory organization.</P>
                <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 index, portfolio, or reference asset of the Fund, (b) limitations on index or portfolio holdings or reference assets, or (c) the applicability of Exchange listing rules specified in this rule filing shall 
                    <PRTPAGE P="50651"/>
                    constitute continued listing requirements for listing the Shares on the Exchange.
                </P>
                <P>The Sponsor has represented to the Exchange that it will advise 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 ETP Holders in an “Information Bulletin” of the special characteristics and risks associated with trading the Shares. Specifically, the Information Bulletin will discuss the following: (1) the procedures for creations of Shares in Creation Units; (2) NYSE Arca Rule 9.2-E(a), which imposes a duty of due diligence on its ETP Holders to learn the essential facts relating to every customer prior to trading the Shares; (3) information regarding how the value of the IOPV and NAV are disseminated; (4) the possibility that trading spreads and the resulting premium or discount on the Shares may widen during the Opening and Late Trading Sessions, when an updated IOPV will not be calculated or publicly disseminated; (5) the requirement that members 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 Information Bulletin will reference that the Fund is subject to various fees and expenses as described in the annual report. The Information Bulletin will disclose that information about the Shares of the Fund is publicly available on the Fund's website.</P>
                <P>The Information Bulletin will also discuss any relief, if granted, by the Commission or the staff from any rules under the Act.</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>34</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>34</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 and to protect investors and the public interest in that the Shares will be listed and traded on the Exchange pursuant to the initial and continued listing criteria in NYSE Arca Rule 8.201-E. Further, the Exchange has demonstrated its ability to share information with the CME, pursuant to common ISG membership, can be reasonably expected to assist the Exchange in surveilling for fraudulent and manipulative acts and practices with respect to trading in the Shares, such that there are sufficient means of preventing fraud and manipulation sufficient to satisfy the requirements of section 6(b)(5) of the Exchange Act. As discussed above, the results of the Sponsor's comprehensive correlation analysis support that prices on the spot ether and CME ether futures markets generally move in close alignment; accordingly, it is likely that fraud or manipulation that impacts prices in spot ether markets would likely similarly impact CME ether futures prices.</P>
                <P>The proposed rule change is also designed to prevent fraudulent and manipulative acts and practices because the Trust is structured similarly to and will operate in materially the same manner as the Spot Ether ETPs previously approved by the Commission. The Exchange further believes that the proposed rule change is designed to prevent fraudulent and manipulative acts and practices because, as noted by the Commission in the Spot Ether ETP Approval Order, the Exchange's ability to obtain information regarding trading in the Shares and futures from markets and other entities that are members of the ISG (including the CME) would assist the Exchange in detecting and deterring misconduct. In particular, the CME ether futures market is a large, surveilled, and regulated market that is closely connected with the spot market for ether and through which the Exchange could obtain information to assist in detecting and deterring potential fraud or manipulation.</P>
                <P>The Exchange has in place surveillance procedures that are adequate to properly monitor Exchange trading in the Shares in all trading sessions and to deter and detect attempted manipulation of the Shares or other 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 and ether futures with the CME and other markets and other entities that are members of the ISG, and the Exchange or FINRA, on behalf of the Exchange, or both, may obtain trading information regarding trading in the Shares from such markets and other entities. In addition, the Exchange may obtain information regarding trading in the Shares from markets and other entities that are members of ISG or with which the Exchange has in place a CSSA. The Exchange is also able to obtain information regarding trading in the Shares and ether futures or the underlying ether through ETP Holders, in connection with such ETP Holders' proprietary trades which they effect on any relevant market.</P>
                <P>Quotation and last-sale information regarding the Shares will be disseminated through the facilities of the CTA. The Fund's website will also include a form of the prospectus for the Fund that may be downloaded. The website will include the Shares' ticker and CUSIP information, along with additional quantitative information updated on a daily basis for the Fund. The Fund's website will include (1) daily trading volume, the prior Business Day's reported NAV and closing price, and a calculation of the premium and discount of the closing price or mid-point of the Bid/Ask Price against the NAV; and (ii) data in chart format displaying the frequency distribution of discounts and premiums of the daily closing price or Bid/Ask Price against the NAV, within appropriate ranges, for at least each of the four previous calendar quarters. The Fund's website will be publicly available prior to the public offering of Shares and accessible at no charge.</P>
                <P>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.</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 a new type of exchange-traded product based on the price of ether that will enhance competition among market participants, to the benefit of investors and the marketplace. As noted above, 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.
                    <PRTPAGE P="50652"/>
                </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 purposes of the Act. The Exchange notes that the proposed rule change will facilitate the listing and trading of a new type of Commodity-Based Trust Share based on the price of ether that would enhance competition among market participants, to the benefit of investors and the marketplace.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>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">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-NYSEARCA-2024-53 on the subject line.
                </P>
                <HD SOURCE="HD2">Paper Comments</HD>
                <P>• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.</P>
                <FP>
                    All submissions should refer to file number SR-NYSEARCA-2024-53. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-NYSEARCA-2024-53 and should be submitted on or before July 5, 2024.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>35</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>35</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13054 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[SEC File No. 270-771, OMB Control No. 3235-0752]</DEPDOC>
                <SUBJECT>Submission for OMB Review; Comment Request; Extension: Rule 18a-9</SUBJECT>
                <FP SOURCE="FP-1">
                    <E T="03">Upon Written Request, Copies Available From:</E>
                     Securities and Exchange Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 20549-2736.
                </FP>
                <P>
                    Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                    ), the Securities and Exchange Commission (“Commission”) has submitted to the Office of Management and Budget (“OMB”) a request for approval of extension of the previously approved collection of information provided for in Rule 18a-9, under the Securities Exchange Act of 1934 (15 U.S.C. 78a 
                    <E T="03">et seq.</E>
                    ).
                </P>
                <P>Rule 18a-9, which is modeled on Exchange Act Rule 17a-13, establishes a securities count program for security-based swap dealers not dually registered as a broker-dealer or regulated by a prudential regulator (“stand-alone SBSDs”). Specifically, Rule 18a-9 requires stand-alone SBSDs to examine and count the securities they physically hold, account for the securities that are subject to their control and direction but are not in their physical possession, verify the locations of securities under certain circumstances, and compare the results of the count and verification with their records.</P>
                <P>Stand-alone SBSDs are required to perform a securities count each quarter, either as of a date certain or on a cyclical basis. Rule 18a-9 requires stand-alone SBSDs to note any discrepancies between the count and the firm's records, and to record in the firm's record any discrepancies that remain unresolved seven business days after the date of the examination, count, and verification.</P>
                <P>The Commission estimates that the total hour burden under Rule 18a-9 is approximately 1,100 hours per year. Since the last approval of this information collection, the estimated total burden hours per year has increased due to an increase in the estimated number of respondents subject to the requirements of the Rule.</P>
                <P>An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information under the PRA unless it displays a currently valid OMB control number.</P>
                <P>
                    The public may view background documentation for this information collection at the following website: 
                    <E T="03">www.reginfo.gov.</E>
                     Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function. Written comments and recommendations for the proposed information collection should be sent by July 15, 2024 to (i) 
                    <E T="03">www.reginfo.gov/public/do/PRAMain</E>
                     and (ii) David Bottom, Director/Chief Information Officer, Securities and Exchange Commission, c/o John Pezzullo, 100 F Street NE, Washington, DC 20549, or by sending an email to 
                    <E T="03">PRA_Mailbox@sec.gov.</E>
                </P>
                <SIG>
                    <DATED>Dated: June 11, 2024.</DATED>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13173 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <PRTPAGE P="50653"/>
                <AGENCY TYPE="S">SECURITIES AND EXCHANGE COMMISSION</AGENCY>
                <DEPDOC>[Release No. 34-100300; File No. SR-CboeEDGA-2024-020]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe EDGA Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Its Fees Schedule Regarding Dedicated Cores</SUBJECT>
                <DATE>June 10, 2024.</DATE>
                <P>
                    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on June 3, 2024, Cboe EDGA Exchange, Inc. (the “Exchange” or “EDGA”) filed with the Securities and Exchange Commission (the “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 Equities”) proposes to amend its Fees Schedule. The text of the proposed rule change is provided in Exhibit 5.</P>
                <P>
                    The text of the proposed rule change is also available on the Exchange's website (
                    <E T="03">http://markets.cboe.com/us/equities/regulation/rule_filings/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 amend the fees and increase the maximum cap for Dedicated Cores.
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         The Exchange initially introduced Dedicated Cores and corresponding pricing on March 1, 2024 (SR-CboeEDGA-2024-008). On March 20, 2024, the Exchange refiled the proposed fees (SR-CboeEDGA-2024-009). The Exchange amended the Dedicated Cores fees on April 1, 2024 (SR-CboeEDGA-2024-012). On April 12, 2024, the Exchange withdrew that filing and submitted SR-CboeEDGA2024-014. On May 13, 2024, the Exchange withdrew SR-CboeEDGA-2024-009. On June 3, 2024, the Exchange also withdrew SR-CboeEDGA-014 and submitted this filing.
                    </P>
                </FTNT>
                <P>
                    By way of background, the Exchange recently began to allow Users 
                    <SU>4</SU>
                    <FTREF/>
                     to assign a Single Binary Order Entry (“BOE”) logical order entry port 
                    <SU>5</SU>
                    <FTREF/>
                     to a single dedicated Central Processing Unit (CPU Core) (“Dedicated Core”). Historically, CPU Cores had been shared by logical order entry ports (
                    <E T="03">i.e.,</E>
                     multiple logical ports from multiple firms may connect to a single CPU Core). Use of Dedicated Cores however, can provide reduced latency, enhanced throughput, and improved performance since a firm using a Dedicated Core is utilizing the full processing power of a CPU Core instead of sharing that power with other firms. This offering is completely voluntary and is available to all Users that wish to purchase Dedicated Cores. Users may utilize BOE logical order entry ports on shared CPU Cores, either in lieu of, or in addition to, their use of Dedicated Core(s). As such, Users are able to operate across a mix of shared and dedicated CPU Cores which the Exchange believes provides additional risk and capacity management. Further, Dedicated Cores are not required nor necessary to participate on the Exchange and as such Users may opt not to use Dedicated Cores at all.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         A User may be either a Member or Sponsored Participant. The term “Member” shall mean any registered broker or dealer that has been admitted to membership in the Exchange, limited liability company or other organization which is a registered broker or dealer pursuant to Section 15 of the Act, and which has been approved by the Exchange. A Sponsored Participant may be a Member or non-Member of the Exchange whose direct electronic access to the Exchange is authorized by a Sponsoring Member subject to certain conditions. See Exchange Rule 11.3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         Users may currently connect to the Exchange using a logical port available through an application programming interface (“API”), such as the Binary Order Entry (“BOE”) protocol. A BOE logical order entry port is used for order entry.
                    </P>
                </FTNT>
                <P>
                    The Exchange proposes to assess the following monthly fees for Users that wish to use Dedicated Cores and adopt a maximum limit. First, the Exchange proposes to provide up to two Dedicated Cores to all Users who wisht o use Dedicated Cores, at no additional cost. For the use of more than two Dedicated Cores, the Exchange proposes to assess the following fees: $650 per Dedicated Core for 3-10 Dedicated Cores; $850 per Dedicated Core for 11-15 Dedicated Cores; and $1,050 per Dedicated Core for 16 or more Dedicated Cores. The proposed fees are progressive and the Exchange proposes to include the following example in the Fees Schedule to provide clarity as to how the fees will be applied. Particularly, the Exchange will provide the following example: if a User were to purchase 11 Dedicated Cores, it will be charged a total of $6,050 per month ($0 * 2 + $650 * 8 + $850 * 1). The Exchange also proposes to make clear in the Fees Schedule that the monthly fees are assessed and applied in their entirety and are not prorated. The Exchange notes the current standard fees assessed for BOE Logical Ports, whether used with Dedicated or shared CPU cores, will remain applicable and unchanged.
                    <SU>6</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         The Exchange currently assesses $550 per port per month. 
                        <E T="03">See</E>
                         Cboe EDGA Equities Fee Schedule.
                    </P>
                </FTNT>
                <P>
                    Since the Exchange currently has finite amount of physical space in its data centers in which its servers (and therefore corresponding CPU Cores) are located, the Exchange also proposes to prescribe a maximum limit on the number of Dedicated Cores that Users may purchase each month. The purpose of establishing these limits is to manage the allotment of Dedicated Cores in a fair manner and to prevent the Exchange from being required to expend large amounts of resources in order to provide an unlimited number of Dedicated Cores. The Exchange previously established a limit for Members of a maximum number of 20 Dedicated Cores and Sponsoring Members a limit of a maximum number of 25 [sic] Dedicated Cores for each of their Sponsored Access relationships.
                    <SU>7</SU>
                    <FTREF/>
                     Now that the Exchange has a better understanding of User demand relative to its available space since the initial launch three months ago, the Exchange proposes to increase that cap and provide that Members will be limited to a maximum number of 60 Dedicated Cores 
                    <SU>8</SU>
                    <FTREF/>
                     and Sponsoring Members will be 
                    <PRTPAGE P="50654"/>
                    limited to a maximum number of 25 Dedicated Cores for each of their Sponsored Access relationships.
                    <SU>9</SU>
                    <FTREF/>
                     The Exchange notes that it will continue monitoring Dedicated Core interest by all Users and allotment availability with the goal of increasing these limits to meet Users' needs if and when the demand is there and the Exchange is able to accommodate additional Dedicated Cores.
                </P>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 99983 (April 17, 2024) 89 FR 30418 (April 23, 2024) (SR-CboeEDGA-2024-014).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         The prescribed maximum quantity of Dedicated Cores for Members applies regardless of whether that Member purchases the Dedicated Cores directly from the Exchange and/or through a Service Bureau. In a Service Bureau relationship, a customer allows its MPID to be used on the ports 
                        <PRTPAGE/>
                        of a technology provider, or Service Bureau. One MPID may be allowed on several different Service Bureaus.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         The fee tier(s) applicable to Sponsoring Members are determined on a per Sponsored Access relationship basis and not on the combined total of Dedicated Cores across Sponsored Users. For example, under the proposed changes, a Sponsoring Member that has three Sponsored Access relationships is entitled to a total of 75 Dedicated Cores for those 3 Sponsored Access relationships but would be assessed fees separately based on the 25 Dedicated Cores for each Sponsored User (instead of combined total of 75 Dedicated Cores). For example, a Sponsoring Member with 3 Sponsored Access relationships would pay $19,950 per month if each Sponsored Access relationship purchased the maximum 25 Dedicated Cores. More specifically, the Sponsoring Member would be provided 2 Dedicated Cores at no additional cost for each Sponsored User under Tier 1 (total of 6 Dedicated Cores at no additional cost) and provided an additional 8 Dedicated Cores at $650 each for each Sponsored User, 5 Dedicated Cores at $850 each for each Sponsored User and 10 Dedicated Cores at $1,050 each for each Sponsored User (combined total of 69 additional Dedicated Cores).
                    </P>
                </FTNT>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the “Act”) and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.
                    <SU>10</SU>
                    <FTREF/>
                     Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>11</SU>
                    <FTREF/>
                     requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) 
                    <SU>12</SU>
                    <FTREF/>
                     requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers. The Exchange also believes the proposed rule change is consistent with Section 6(b)(4) 
                    <SU>13</SU>
                    <FTREF/>
                     of the Act, which requires that Exchange rules provide for the equitable allocation of reasonable dues, fees, and other charges among its Members and other persons using its facilities.
                </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)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         15 U.S.C. 78f(b)(4).
                    </P>
                </FTNT>
                <P>
                    The Exchange believes the proposal is reasonable because the Exchange is offering any Users who wishes to utilize Dedicated Cores up to two Dedicated Cores at no additional cost.
                    <SU>14</SU>
                    <FTREF/>
                     The Exchange believes the proposed fees are reasonable because Dedicated Cores provide a valuable service in that it may provide reduced latency, enhanced throughput, and improved performance compared to use of a shared CPU Core since a firm using a Dedicated Core is utilizing the full processing power of a CPU Core. The Exchange also emphasizes however, that the use of Dedicated Cores is not necessary for trading and as noted above, is entirely optional. Users can also continue to access the Exchange through shared CPU Cores at no additional cost. Indeed, less than half of the Exchange's Members currently use Dedicated Cores. Depending on a firm's specific business needs, the proposal enables Users to choose to use Dedicated Cores in lieu of, or in addition to, shared CPU Cores (or as noted, not use Dedicated Cores at all). If a User finds little benefit in having Dedicated Cores, or determines Dedicated Cores are not cost-efficient for its needs or does not provide sufficient value to the firm, such User may continue its use of the shared CPU Cores, unchanged. The Exchange also has no plans to eliminate shared CPU Cores nor to require Users to purchase Dedicated Cores.
                </P>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         Of the Users that currently maintain Dedicated Cores, approximately 35% maintain 1 or 2 Dedicated Cores and therefore pay no additional fees.
                    </P>
                </FTNT>
                <P>
                    The Exchange also believes that the proposed Dedicated Core fees are equitable and not unfairly discriminatory because they continue to be assessed uniformly to similarly situated users in that all Users who choose to purchase Dedicated Cores will be subject to the same proposed tiered fee schedule. Further all Users are entitled to up to 2 Dedicated Cores at no additional cost. The Exchange believes the proposed ascending fee structure is also reasonable, equitable and not unfairly discriminatory as it is designed so that firms that use a higher allotment of the Exchange's finite number of Dedicated Cores pay higher rates, rather than placing that burden on market participants that have more modest needs who will have the flexibility of obtaining Dedicated Cores at lower price points in the lower tiers. As such, the proposed fees do not favor certain categories of market participants in a manner that would impose a burden on competition; rather, the ascending fee structure reflects the (finite) resources consumed by the various needs of market participants—that is, the lowest Dedicated Core consuming Users pay the least, and highest Dedicated Core consuming Users pay the most. Other exchanges similarly assess higher fees to those that consume more Exchange resources.
                    <SU>15</SU>
                    <FTREF/>
                     It's also designed to encourage firms to manage their needs in a fair manner and to prevent the Exchange from being required to expend large amounts of resources in order to provide an additional number of Dedicated Cores. Moreover, as discussed above and in more detail below, the Exchange cannot currently offer an unlimited number of Dedicated Cores due in part to physical space constraints. The Exchange believes the proposed ascending fee structure is another appropriate means, in conjunction with an established cap, to manage this finite resource and ensure the resource is apportioned more fairly.
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         
                        <E T="03">See also</E>
                         Cboe U.S. Options Fees Schedule, BZX Options, Options Logical Port Fees, Ports with Bulk Quoting Capabilities.
                    </P>
                </FTNT>
                <P>
                    The Exchange believes it is reasonable to limit the number of Dedicated Cores Users can purchase because the Exchange has a finite amount of space in its third-party data centers to accommodate CPU cores, including Dedicated Cores. The Exchange must also take into account timing considerations in procuring additional Dedicated Cores and related hardware such as servers, switches, optics and cables, as well as the readiness of the Exchange's data center to accommodate additional Dedicated Cores in the Exchange's respective Order Handler Cabinets. The Exchange has, and will continue to, monitor market participant demand and space availability and endeavor to adjust the limit if and when the Exchange is able to accommodate additional Dedicated Cores. The Exchange monitors its capacity and data center space and thus is in the best place to determine these limits and modify them as appropriate in response to changes to this capacity and space, as well as market demand. For example, since the launch of Dedicated Cores on February 26, 2024, the Exchange has increased the prescribed maximum limit twice (including this proposal) as a result of evaluating the demand relative 
                    <PRTPAGE P="50655"/>
                    to Dedicated Cores availability.
                    <SU>16</SU>
                    <FTREF/>
                     The proposed limits also apply uniformly to similarly situated market participants (
                    <E T="03">i.e.,</E>
                     all Members are subject to the same limit and all Sponsored Participants are subject to the same limit, respectively). The Exchange believes it's not unfairly discriminatory to provide for different limits for different types of Users. For example, the Exchange believe it's not unfairly discriminatory to provide for an initial lower limit to be allocated for Sponsored Participants because unlike Members, Sponsored Participants are able to access the Exchange without paying a Membership Fee. Members also have more regulatory obligations and risk that Sponsored Participants do not. For example, while Sponsored Participants must agree to comply with the Rules of the Exchange, it is the Sponsoring Member of that Sponsored Participant that remains ultimately responsible for all orders entered on or through the Exchange by that Sponsored Participant. The industry also has a history of applying fees differently to Members as compared to Sponsored Participants.
                    <SU>17</SU>
                    <FTREF/>
                     Lastly, the Exchange believes its proposed maximum limits, and distinction between Members and Sponsored Users, is another appropriate means to help the Exchange manage its allotment of Dedicated Cores and better ensure this finite resource is apportioned fairly.
                </P>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 99983 (April 17, 2024) 89 FR 30418 (April 23, 2024) (SR-CboeEDGA-2024-014).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         
                        <E T="03">See e.g.,</E>
                         Securities Exchange Act Release No. 68342 (December 3, 2012) 77 FR 73096 (December 7, 2012) (SR-CBOE-2012-114) and Securities Exchange Act Release No. 66082 (January 3, 2012) 77 FR 1101 (January 9, 2012) (SR-C2-2011-041).
                    </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 intramarket competition that is not necessary in furtherance of the purposes of the Act because the proposed tiered fee structure will apply equally to all similarly situated Users that choose to use Dedicated Cores. As discussed above, Dedicated Cores are optional and Users may choose to utilize Dedicated Cores, or not, based on their views of the additional benefits and added value provided by utilizing a Dedicated Core. The Exchange believes the proposed fee will be assessed proportionately to the potential value or benefit received by Users with a greater number of Dedicated Cores and notes that Users may determine at any time to cease using Dedicated Cores. As discussed, Users can also continue to access the Exchange through shared CPU Cores at no additional cost. Finally, all Users will be entitled to two Dedicated Cores at no additional cost.</P>
                <P>
                    Next, the Exchange believes the proposed rule change does not impose any burden on intermarket competition that is not necessary or appropriate in furtherance of the purposes of the Act. As previously discussed, the Exchange operates in a highly competitive market, including competition for exchange memberships. Market Participants have numerous alternative venues that they may participate on, including 15 other equities exchanges, as well as off-exchange venues, where competitive products are available for trading. Indeed, participants can readily choose to submit their order flow to other exchange and off-exchange venues if they deem fee levels at those other venues to be more favorable. Moreover, the Commission has repeatedly expressed its preference for competition over regulatory intervention in determining prices, products, and services in the securities markets. Specifically, in Regulation NMS, the Commission highlighted the importance of market forces in determining prices and SRO revenues and, also, recognized that current regulation of the market system “has been remarkably successful in promoting market competition in its broader forms that are most important to investors and listed companies.” 
                    <SU>18</SU>
                    <FTREF/>
                     The fact that this market is competitive has also long been recognized by the courts. In 
                    <E T="03">NetCoalition</E>
                     v. 
                    <E T="03">Securities and Exchange Commission,</E>
                     the D.C. Circuit stated as follows: “[n]o one disputes that competition for order flow is `fierce.' . . . As the SEC explained, `[i]n the U.S. national market system, buyers and sellers of securities, and the broker-dealers that act as their order-routing agents, have a wide range of choices of where to route orders for execution'; [and] `no exchange can afford to take its market share percentages for granted' because `no exchange possesses a monopoly, regulatory or otherwise, in the execution of order flow from broker dealers'. . . .”.
                    <SU>19</SU>
                    <FTREF/>
                     Accordingly, the Exchange does not believe its proposed change imposes any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.
                </P>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 51808 (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">NetCoalition</E>
                         v. 
                        <E T="03">SEC,</E>
                         615 F.3d 525, 539 (D.C. Cir. 2010) (quoting Securities Exchange Act Release No. 59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-21)).
                    </P>
                </FTNT>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    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, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-CboeEDGA-2024-020 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-2024-020. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the 
                    <PRTPAGE P="50656"/>
                    Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-CboeEDGA-2024-020 and should be submitted on or before July 5, 2024.
                </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>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13058 Filed 6-13-24; 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. 34-100306; File No. SR-CboeBZX-2024-050]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the ARK 21Shares Ethereum ETF To Amend the Trust Name and Reflect That the Trust Will No Longer Have a Sub-Adviser</SUBJECT>
                <DATE>June 10, 2024.</DATE>
                <P>
                    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on June 7, 2024, Cboe BZX Exchange, Inc. (“Exchange” or “BZX”) 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>Cboe BZX Exchange, Inc. (“BZX” or the “Exchange”) is filing with the Securities and Exchange Commission (“Commission” or “SEC”) a proposed rule change to amend the ARK 21Shares Ethereum ETF (the “Trust”), shares of which have been approved by the Commission to list and trade on the Exchange pursuant to BZX Rule 14.11(e)(4), to amend the Trust name and reflect that the Trust will no longer have a sub-adviser.</P>
                <P>
                    The text of the proposed rule change is also available on the Exchange's website (
                    <E T="03">http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/</E>
                    ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The Commission approved the listing and trading of shares of the Trust (the “Shares”) on the Exchange pursuant to Exchange Rule 14.11(e)(4), Commodity-Based Trust Shares, on May 23, 2024.
                    <SU>3</SU>
                    <FTREF/>
                     Exchange Rule 14.11(e)(4) governs the listing and trading of Commodity-Based Trust Shares, which means a security (a) that is issued by a trust that holds (1) a specified commodity deposited with the trust, or (2) a specified commodity and, in addition to such specified commodity, cash; (b) that is issued by such trust in a specified aggregate minimum number in return for a deposit of a quantity of the underlying commodity and/or cash; and (c) that, when aggregated in the same specified minimum number, may be redeemed at a holder's request by such trust which will deliver to the redeeming holder the quantity of the underlying commodity and/or cash. The Shares will be issued by the Trust. The Trust was formed as a Delaware statutory trust on September 5, 2023.
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 100224 (May 23, 2024) 89 FR 46937 (May 30, 2024) (SR-CboeBZX-2023-070) (Order Granting Accelerated Approval of Proposed Rule Changes, as Modified by Amendments Thereto, to List and Trade Shares of Ether-Based Exchange-Traded Products) (the “Approval Order”).
                    </P>
                </FTNT>
                <P>
                    The Exchange proposes to amend a representation set forth in the Exchange's previous rule filing to list and trade Shares of the Trust and to reflect a change to the Trust name.
                    <SU>4</SU>
                    <FTREF/>
                     Specifically, Amendment No. 2 represented that ARK Investment Management LLC is the sub-adviser of the Trust and will provide data, research, and as needed, operational support to the Trust including with respect to assistance in the marketing of the Shares. Now, the Exchange proposes to provide that a sub-adviser will no longer serve the Trust.
                </P>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 100216 (May 22, 2024) 89 FR 46514 (May 29, 2024) (SR-CboeBZX-2023-070) (Notice of Filing of Amendment No. 2 to a Proposed Rule Change to List and Trade Shares of the ARK 21Shares Ethereum ETF Under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares) (“Amendment No. 2”).
                    </P>
                </FTNT>
                <P>
                    The Exchange also proposes to change the name of the Trust to the 21Shares Core Ethereum ETF. The proposed name change is consistent with an amended name to the Trust's charter and the Trust's registration statement on Form S-1 (as amended and supplemented from time to time, the “Registration Statement”).
                    <SU>5</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Amendment No. 3 to the Registration Statement on Form S-1, dated May 31, 2024, submitted to the Commission by the Sponsor, as defined in the Registration Statement, on behalf of the Trust (333-274364).
                    </P>
                </FTNT>
                <P>Except for the above changes, all other representations in Amendment No. 2 remain unchanged and will continue to constitute continuing listing requirements. In addition, the Trust will continue to comply with the terms of Amendment No. 2 and the requirements of Rule 14.11(e)(4).</P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of section 6(b) of the Act.
                    <SU>6</SU>
                    <FTREF/>
                     Specifically, the Exchange believes the proposed rule change is consistent with the section 6(b)(5) 
                    <SU>7</SU>
                    <FTREF/>
                     requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and 
                    <PRTPAGE P="50657"/>
                    practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest.
                </P>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <P>
                    The Exchange believes the proposed rule change is designed to remove impediments to and perfect the mechanism of a free and open market and, in general, to protect investors and the public interest because it would update two representations in Amendment No. 2 regarding the designation of a sub-adviser and the name of the Trust. As described above, the amendment to reflect that a sub-adviser will no longer serve the trust will conform to changes made to the Registration Statement. There is no requirement that a sub-adviser serve the Trust, and at least one other issuer of a spot ether exchange-traded product (“ETP”) has similarly not designated a sub-adviser to its trust.
                    <SU>8</SU>
                    <FTREF/>
                     The proposed named change is also consistent with an amended name to the Trust's charter and the Trust's Registration Statement. Further, the proposed name will continue to accurately describe the Trust. Therefore, the proposed changes will promote clarity and transparency with respect to the Trust's name and service providers, to the benefit of all market participants.
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         For example, the proposal to list and trade shares of the VanEck Ethereum Trust did not provide for a sub-adviser. 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 100214 (May 22, 2024), 89 FR 46476 [sic] (May 29, 2024) (SR-CboeBZX-2023-069) (Notice of Filing of Amendment No. 2 to a Proposed Rule Change to List and Trade Shares of the VanEck Ethereum Trust Under BZX Rule 14.11(e)(4), Commodity-Based Trust Shares). 
                        <E T="03">See also</E>
                         the Approval Order.
                    </P>
                </FTNT>
                <P>Except for these changes, all other representations made in Amendment No. 2 remain unchanged and will continue to constitute continuing listing requirements for the Trust. Accordingly, the Exchange believes that this proposed rule change raises no novel regulatory issues.</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 purposes of the Act. As noted above, the proposed amendment is intended to reflect a name change to the Trust and to reflect that a sub-adviser will no longer serve the Trust. The Exchange believes these changes will not impose any burden on competition.</P>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>
                    Because the foregoing 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 
                    <SU>9</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(6) thereunder.
                    <SU>10</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) requires a self-regulatory organization to give the Commission written notice of its intent to file the proposed rule change, along with a brief description and text of 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) normally does not become operative for 30 days after the date of filing. However, pursuant to Rule 19b-4(f)(6)(iii),
                    <SU>11</SU>
                    <FTREF/>
                     the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. Waiver of the 30-day operative delay will allow the Exchange to immediately reflect changes to the Trust name and sub-adviser that are consistent with its Registration Statement and charter. The Commission believes that the proposed rule change presents no novel legal or regulatory issues, and that waiver of the 30-day operative delay is consistent with the protection of investors and the public interest. Accordingly, the Commission hereby waives the 30-day operative delay and designates the proposed rule change operative upon filing.
                    <SU>12</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         17 CFR 240.19b-4(f)(6)(iii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         For purposes only of waiving the operative delay of this proposal, the Commission has also considered the proposed rule's impact on efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
                    </P>
                </FTNT>
                <P>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.</P>
                <HD SOURCE="HD1">IV. Solicitation of Comments</HD>
                <P>Interested persons are invited to submit written data, views and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:</P>
                <HD SOURCE="HD2">Electronic Comments</HD>
                <P>
                    • Use the Commission's internet comment form (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-CboeBZX-2024-050 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-2024-050. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-CboeBZX-2024-050 and should be submitted on or before July 5, 2024.
                </FP>
                <SIG>
                    <PRTPAGE P="50658"/>
                    <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), (59).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13049 Filed 6-13-24; 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. 34-100308; File No. SR-CboeBZX-2024-043]</DEPDOC>
                <SUBJECT>Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Interpretation and Policy .03 to Rule 11.13 To Provide an Additional, Optional Risk Setting to Members and Clearing Members</SUBJECT>
                <DATE>June 10, 2024.</DATE>
                <P>
                    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),
                    <SU>1</SU>
                    <FTREF/>
                     and Rule 19b-4 thereunder,
                    <SU>2</SU>
                    <FTREF/>
                     notice is hereby given that on May 29, 2024, Cboe BZX Exchange, Inc. (the “Exchange” or “BZX”) filed with the Securities and Exchange Commission (the “Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Exchange filed the proposal as a “non-controversial” proposed rule change pursuant to section 19(b)(3)(A)(iii) of the Act 
                    <SU>3</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(6) thereunder.
                    <SU>4</SU>
                    <FTREF/>
                     The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         15 U.S.C. 78s(b)(1).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         17 CFR 240.19b-4.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         15 U.S.C. 78s(b)(3)(A)(iii).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>4</SU>
                         17 CFR 240.19b-4(f)(6).
                    </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”) proposes to amend Interpretation and Policy .03 to Rule 11.13 to provide an additional, optional risk setting to Members and Clearing Members. The text of the proposed rule change is provided in Exhibit 5.</P>
                <P>
                    The text of the proposed rule change is also available on the Exchange's website (
                    <E T="03">http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/</E>
                    ), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room.
                </P>
                <HD SOURCE="HD1">II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <P>In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.</P>
                <HD SOURCE="HD2">A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change</HD>
                <HD SOURCE="HD3">1. Purpose</HD>
                <P>
                    The purpose of the proposed rule change is to provide Members 
                    <SU>5</SU>
                    <FTREF/>
                     and Clearing Members 
                    <SU>6</SU>
                    <FTREF/>
                     the option to utilize additional risk settings under proposed Interpretation and Policy .03 of Rule 11.13. Based on feedback from its Members, the Exchange proposes to offer additional, optional risk settings at the Market Participant Identifier (“MPID”) level and/or to a subset of orders identified within the MPID level (the “risk group identifier” level) that would authorize the Exchange to take automated action if a designated limit for a Member is breached. Such risk settings would provide Members and Clearing Members with enhanced abilities to manage their risk with respect to orders on the Exchange.
                    <SU>7</SU>
                    <FTREF/>
                     Proposed paragraphs (a)(3) and (4) of Interpretation and Policy .03 of Rule 11.13 set forth the specific risk settings the Exchange proposes to offer. The current risk settings noted in paragraphs (a)(1)-(2) of Interpretation and Policy .03 of Rule 11.13 will continue to be available to Members and Clearing Members. Specifically, the Exchange proposes to offer two aggregate credit risk settings (the “Aggregate Credit Risk Checks”) as follows:
                </P>
                <FTNT>
                    <P>
                        <SU>5</SU>
                         
                        <E T="03">See</E>
                         Rule 1.5(n). A “Member” shall mean any Member or Sponsored Participant who is authorized to obtain access to the System pursuant to Rule 11.3.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>6</SU>
                         
                        <E T="03">See</E>
                         Rule 11.15(a). The term “Clearing Member” refers to a Member that is a member of a Qualified Clearing Agency and clears transactions on behalf of another Member.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>7</SU>
                         Similarly, a Sponsoring Member may utilize the check to manage the risk of its Sponsored Participants. A Sponsoring Member shall mean a broker-dealer that has been issued a membership by the Exchange who has been designated by a Sponsored Participant to execute, clear and settle transactions resulting from the System. The Sponsoring Member shall be either (i) a clearing firm with membership in a clearing agency registered with the Commission that maintains facilities through which transactions may be cleared or (ii) a correspondent firm with a clearing arrangement with any such clearing firm. 
                        <E T="03">See</E>
                         Rule 1.5(y). A Sponsored Participant shall mean a person which has entered into a sponsorship arrangement with a Sponsoring Member pursuant to Rule 11.3. Such sponsored relationships generally include where a broker-dealer allows its customer to use the broker-dealer's MPID or other mechanism or mnemonic to enter orders into the Exchange's System that bypass the Sponsoring Member's order handling system and are electronically routed directly to the Exchange by the Sponsored Participant, including through a service bureau or other third-party technology provider. 
                        <E T="03">See</E>
                         Rule 1.5(x). 
                        <E T="03">See also</E>
                         Securities Exchange Act Release No. 97146 (March 15, 2023), 88 FR 17065 (March 21, 2023), SR-CboeBZX-2023-015 (“BZX Sponsored Participant Definition Filing”) at 17066, footnote 12.
                    </P>
                </FTNT>
                <P>• The “Aggregate Gross Credit Exposure Limit”, which refers to a pre-established maximum daily dollar amount for purchases and sales across all symbols, where both purchases and sales are counted as positive values. For purposes of calculating the Aggregate Gross Credit Exposure Limit, both executed and open orders are included; and</P>
                <P>• The “Aggregate Net Credit Exposure Limit”, which refers to a pre-established maximum daily dollar amount for purchases and sales across all symbols, where purchases are counted as positive values and sales are counted as negative values. For purposes of calculating the Aggregate Net Credit Exposure Limit, both executed and open orders are included.</P>
                <P>
                    The proposed Aggregate Credit Risk Checks are nearly identical to credit risk settings monitoring both gross and net exposure provided for in paragraph (h) of Interpretation and Policy .01 of Rule 11.13, but with one notable difference. Importantly, the proposed Aggregate Credit Risk Checks would be applied at the MPID level and/or risk group identifier level, while the risk settings noted in paragraph (h) of Interpretation and Policy .01 are applied at the logical port level.
                    <SU>8</SU>
                    <FTREF/>
                     The proposed Aggregate Credit Risk Checks are also nearly identical to the Gross Credit Risk Limit and Net Credit Risk Limit risk settings provided for in Interpretation and Policy .03(a)(1)-(2) of Rule 11.13, but with one notable difference. The proposed Aggregate Credit Risk Checks are both calculated using both executed and open orders, while the risk settings noted in paragraphs (a)(1)-(2) of Interpretation and Policy .03 are calculated using only executed orders. 
                    <PRTPAGE P="50659"/>
                    Therefore, the proposed risk management functionality would allow a Member or Clearing Member to manage its risk more comprehensively, instead of (i) relying on the more limited port level functionality offered today under Interpretation and Policy .01(h) and (ii) being subject to limits only calculated at notional execution value under paragraphs (a)(1)-(2) of Interpretation and Policy .03. Stated differently, the calculation of the proposed Aggregate Credit Risk Checks will not differ from the current aggregate credit risk settings offered under paragraph (h) of Interpretation and Policy .01 of Rule 11.13; however, the ability to implement aggregate credit risk limits at the MPID and/or risk group identifier levels will permit Members and Clearing Members to set credit risk limits at a more granular level. The Exchange also notes that the New York Stock Exchange LLC (“NYSE”) and MIAX Pearl equities exchange (“MIAX Pearl”) both offer risk settings substantially similar to the Aggregate Credit Risk Checks proposed by the Exchange.
                    <SU>9</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>8</SU>
                         A logical port represents a port established by the Exchange within the Exchange's System for trading and billing purposes. Each logical port established is specific to a Member or non-Member and grants that Member or non-Member the ability to accomplish a specific function, such as order entry, order cancellation, or data receipt.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>9</SU>
                         
                        <E T="03">See</E>
                         NYSE Rule 7.19(b)(1)(A); MIAX Pearl Equities Rule 2618(a)(2)(E)-(F). The Exchange notes that MIAX Pearl adopted Rule 2618(a)(2)(E)-(F) on February 13, 2023, but the functionality may not yet be operational. 
                        <E T="03">See</E>
                         Securities Exchange Act Release No. 96905 (February 13, 2023), 88 FR 10391 (February 17, 2023), SR-PEARL-2023-03 (“MIAX Risk Control Filing”).
                    </P>
                </FTNT>
                <P>
                    In addition to the proposed Aggregate Credit Risk Checks, the Exchange proposes to amend paragraph (e) of Interpretation and Policy .03 to provide for an additional manner in which the Exchange may respond in the event that a risk setting is breached. Currently, the Exchange is authorized to automatically block new orders submitted and cancel all open orders in the event that a risk setting is breached.
                    <SU>10</SU>
                    <FTREF/>
                     As proposed, paragraph (e) of Interpretation and Policy .03 would permit Members and Clearing Members to authorize the Exchange to either: (i) block new orders submitted and cancel open orders (as is currently permitted) or (ii) block new orders submitted without cancelling open orders in the event that a risk setting is breached. The proposed change is intended to give Members and Clearing Members additional flexibility in how the Exchange responds to a breach of a risk setting pursuant to Interpretation and Policy .03(a).
                </P>
                <FTNT>
                    <P>
                        <SU>10</SU>
                         
                        <E T="03">See</E>
                         Rule 11.13, Interpretation and Policy .03(e). The Exchange notes that if a risk setting breach occurs after the applicable cut-off time for an Opening or Closing Auction, the auction orders will not be canceled by the Exchange as orders entered for participation in the Opening or Closing Auction cannot be canceled or modified after the applicable cut-off time. 
                        <E T="03">See</E>
                         Rules 11.23(b)(1)(B) and 11.23(c)(1)(B). Additionally, orders entered for participation in Cboe Market Close (“CMC”) will be matched for execution at the applicable cut-off time and cannot be canceled or modified after the cut-off time. 
                        <E T="03">See</E>
                         Rule 11.28(a)-(b). Therefore, if a risk setting is breached after the CMC cut-off time, the CMC orders will not be canceled by the Exchange.
                    </P>
                </FTNT>
                <P>
                    By way of background, Exchange Rule 11.15(a) requires that all transactions passing through the facilities of the Exchange shall be cleared and settled through a Qualified Clearing Agency using a continuous net settlement system.
                    <SU>11</SU>
                    <FTREF/>
                     This requirement may be satisfied by direct participation, use of direct clearing services, or by entry into a corresponding clearing arrangement with another Member that clears through a Qualified Clearing Agency (
                    <E T="03">i.e.,</E>
                     a Clearing Member). If a Member clears transactions through another Member that is a Clearing Member, such Clearing Member shall affirm to the Exchange in writing, through letter of authorization, letter of guarantee or other agreement acceptable to the Exchange, its agreement to assume responsibility for clearing and settling any and all trades executed by the Member designating it as its clearing firm.
                    <SU>12</SU>
                    <FTREF/>
                     Thus, while not all Members are Clearing Members, all Members are required to either clear their own transactions or to have in place a relationship with a Clearing Member that has agreed to clear transactions on their behalf in order to conduct business on the Exchange. Therefore, the Clearing Member that guarantees the Member's transactions on the Exchange has a financial interest in the risk settings utilized within the System 
                    <SU>13</SU>
                    <FTREF/>
                     by the Member. A Member that does not self-clear may allocate or revoke the responsibility of establishing and adjusting the risk settings identified in paragraph (a) to its Clearing Member via the risk management tool available on the web portal at any time.
                    <SU>14</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>11</SU>
                         
                        <E T="03">See</E>
                         Rule 1.5(u). The term “Qualified Clearing Agency” means a clearing agency registered with the Commission pursuant to section 17A of the Act that is deemed qualified by the Exchange. The rules of any such clearing agency shall govern with the respect to the clearance and settlement of any transactions executed by the Member on the Exchange.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>12</SU>
                         A Member can designate one Clearing Member per MPID associated with the Member.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>13</SU>
                         
                        <E T="03">See</E>
                         Rule 1.5(aa). “System” is defined as “the electronic communications and trading facility designated by the Board through which securities orders of Members are consolidated for ranking, execution and, when applicable, routing away.”
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>14</SU>
                         
                        <E T="03">See</E>
                         Rule 11.13, Interpretation and Policy .03(c). If a Member revokes the responsibility of establishing and adjusting the risk settings identified in paragraph (a), the settings applied by the Member would be applicable.
                    </P>
                </FTNT>
                <P>The Exchange proposes to make the risk setting available to its Members upon request and will not require Members to utilize the Aggregate Credit Risk Checks. The Exchange will not provide preferential treatment to Members utilizing the Aggregate Credit Risk Checks. However, the Exchange believes the Aggregate Credit Risk Checks will offer Members another option in efficient risk management of their access to the Exchange. For instance, the Aggregate Credit Risk Checks may assist some Members in mitigating the risk of executing and/or submitting orders to the Exchange that would violate the Members' stated risk tolerance. Additionally, the proposed functionality is designed to assist Members and Clearing Members in the management of, and risk control over, their credit risk.</P>
                <P>
                    Importantly, as is the case with the Exchange's existing risk settings, the Member, and not the Exchange, will have the full responsibility for ensuring that their orders comply with applicable securities rules, laws, and regulations. Furthermore, the Exchange does not believe that use of the Aggregate Credit Risk Checks can replace Member-managed risk management solutions, and use of the Aggregate Credit Risk Checks does not automatically constitute compliance with Exchange rules. Pursuant to Rule 15c3-5 under the Act,
                    <SU>15</SU>
                    <FTREF/>
                     a broker-dealer with market access must perform appropriate due diligence to assure that controls are reasonably designed to be effective, and otherwise consistent with the rule.
                    <SU>16</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>15</SU>
                         17 CFR 240.15c3-5.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>16</SU>
                         
                        <E T="03">See</E>
                         Division of Trading and Markets, Responses to Frequently Asked Questions Concerning Risk Management Control for Brokers or Dealers with Market Access, 
                        <E T="03">available at https://www.sec.gov/divisions/marketreg/c-5-risk-management-controls-bd.htm.</E>
                    </P>
                </FTNT>
                <P>
                    In conjunction with the proposed addition of the Aggregate Credit Risk Checks to Interpretation and Policy .03(a), the Exchange proposes to remove paragraph (h) from Interpretation and Policy .01 as the Exchange is not required to offer or maintain risk settings and the existing risk settings offered under paragraph (h) of Interpretation and Policy .01 will be redundant with the proposed addition of the Aggregate Credit Risk Checks. The Exchange notes that the current risk settings noted in paragraph (h) of Interpretation and Policy .01 will continue to be available for a limited period of time following the addition of the proposed Aggregate Credit Risk Checks under Interpretation and Policy .03 in order to provide Members and Clearing Members adequate opportunity to transition their risk settings. The Exchange will announce via Exchange Notice the date on which the risk setting offered under Interpretation and Policy 
                    <PRTPAGE P="50660"/>
                    .01(h) will no longer be available within 30 days of the implementation of the Aggregate Credit Risk Checks.
                </P>
                <HD SOURCE="HD3">2. Statutory Basis</HD>
                <P>
                    The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the “Act”) and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of section 6(b) of the Act.
                    <SU>17</SU>
                    <FTREF/>
                     Specifically, the Exchange believes the proposed rule change is consistent with the section 6(b)(5) 
                    <SU>18</SU>
                    <FTREF/>
                     requirements that the rules of an exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general, to protect investors and the public interest. Additionally, the Exchange believes the proposed rule change is consistent with the section 6(b)(5) 
                    <SU>19</SU>
                    <FTREF/>
                     requirement that the rules of an exchange not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers.
                </P>
                <FTNT>
                    <P>
                        <SU>17</SU>
                         15 U.S.C. 78f(b).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>18</SU>
                         15 U.S.C. 78f(b)(5).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>19</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>
                    In particular, the Exchange believes that the proposed Aggregate Credit Risk Checks and amendment to paragraph (e) of Interpretation and Policy .03 will remove impediments to and perfect the mechanism of a free and open market and a national market system because it provides Members and Clearing Members with additional functionality to manage their credit risk with respect to orders on the Exchange. In addition, the proposed Aggregate Credit Risk Checks are not novel as they are based on the Exchange's existing risk setting in Interpretation and Policy .01(h) of Rule 11.13. Additionally, the proposed Aggregate Credit Risk Checks are substantially similar to risk controls offered by both NYSE, which offers a Gross Credit Risk Limit,
                    <SU>20</SU>
                    <FTREF/>
                     and MIAX Pearl, which has adopted both Gross and Net Notional Open and Trade Value risk settings.
                    <SU>21</SU>
                    <FTREF/>
                     Therefore, Members and Clearing Members are already familiar with the types of protections the proposed Aggregate Credit Risk Checks will offer. As such, the Exchange believes that the proposed risk settings would provide a means to address potentially market-impacting events, helping to ensure the proper functioning of the market.
                </P>
                <FTNT>
                    <P>
                        <SU>20</SU>
                         
                        <E T="03">Supra</E>
                         note 9.
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>21</SU>
                         
                        <E T="03">Id.</E>
                    </P>
                </FTNT>
                <P>In addition, the Exchange believes that the proposed Aggregate Credit Risk Checks and amendment to paragraph (e) of Interpretation and Policy .03 is designed to protect investors and the public interest because the proposed functionality is a form of risk mitigation that will aid Members and Clearing Members in minimizing their risk exposure and reduce the potential for disruptive, market-wide events. The Exchange understands that its Members and Clearing Members employ a number of different risk-based controls, including those required by Rule 15c3-5. The proposed Aggregate Credit Risk Checks will serve as an additional tool for Members and Clearing Members to assist them in identifying any risk exposure. The Exchange believes the proposed Aggregate Credit Risk Checks will assist Members and Clearing Members in managing their financial exposure, which, in turn, could enhance the integrity of trading on the securities markets and help to assure the stability of the financial system.</P>
                <P>
                    Finally, the Exchange believes the proposed rule change does not unfairly discriminate among the Exchange's Members because use of the proposed Aggregate Credit Risk Checks are optional and are not a prerequisite for participation on the Exchange. The proposed Aggregate Credit Risk Checks are completely voluntary and, as they relate solely to optional risk management functionality, no Member is required or under any regulatory obligation to utilize them. Additionally, the removal of the risk settings offered under Interpretation and Policy .01(h) does not unfairly discriminate as the change applies equally to all Members and Clearing Members (
                    <E T="03">i.e.,</E>
                     the risk setting will not be available for any Member or Clearing Member) and merely results in Members not being able to utilize the risk setting, which, as noted above, the Exchange is not required to offer or maintain. Further, the risk settings offered under Interpretation and Policy .01(h) are unnecessary and redundant given the proposed Aggregate Credit Risk Checks, which permit Members and Clearing Members to set credit risk limits at a more granular level.
                </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 purposes of the Act. To the contrary, the Exchange believes that the proposed rule change may have a positive effect on intermarket competition because it would allow the Exchange to offer risk management functionality that is comparable to functionality offered by other national securities exchanges.
                    <SU>22</SU>
                    <FTREF/>
                     Further, by providing Members and Clearing Members additional means to monitor and control risk, the proposed rule may increase confidence in the proper functioning of the markets and contribute to additional competition among trading venues and broker-dealers. Rather than impede competition, the proposal is designed to facilitate more robust risk management by Members and Clearing Members, which, in turn, could enhance the integrity of trading on the securities markets and help to assure the stability of the financial system. The proposal to remove the risk setting offered under Interpretation and Policy .01(h) similarly will not impose any burden on competition because the changes apply to all Members and Clearing Members uniformly, as in the risk setting will no longer be available to any Member or Clearing Member.
                </P>
                <FTNT>
                    <P>
                        <SU>22</SU>
                         
                        <E T="03">Supra</E>
                         note 9.
                    </P>
                </FTNT>
                <HD SOURCE="HD2">C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others</HD>
                <P>The Exchange neither solicited nor received comments on the proposed rule change.</P>
                <HD SOURCE="HD1">III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action</HD>
                <P>Because the foregoing proposed rule change does not:</P>
                <P>A. significantly affect the protection of investors or the public interest;</P>
                <P>B. impose any significant burden on competition; and</P>
                <P>
                    C. 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 
                    <SU>23</SU>
                    <FTREF/>
                     and Rule 19b-4(f)(6) 
                    <SU>24</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 
                    <PRTPAGE P="50661"/>
                    Commission will institute proceedings to determine whether the proposed rule change should be approved or disapproved.
                </P>
                <FTNT>
                    <P>
                        <SU>23</SU>
                         15 U.S.C. 78s(b)(3)(A).
                    </P>
                </FTNT>
                <FTNT>
                    <P>
                        <SU>24</SU>
                         17 CFR 240.19b-4(f)(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">https://www.sec.gov/rules/sro.shtml</E>
                    ); or
                </P>
                <P>
                    • Send an email to 
                    <E T="03">rule-comments@sec.gov.</E>
                     Please include file number SR-CboeBZX-2024-043 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-2024-043. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's internet website (
                    <E T="03">https://www.sec.gov/rules/sro.shtml</E>
                    ). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for website viewing and printing in the Commission's Public Reference Room, 100 F Street NE, Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. Do not include personal identifiable information in submissions; you should submit only information that you wish to make available publicly. We may redact in part or withhold entirely from publication submitted material that is obscene or subject to copyright protection. All submissions should refer to file number SR-CboeBZX-2024-043 and should be submitted on or before July 5, 2024.
                </FP>
                <SIG>
                    <P>
                        For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
                        <SU>25</SU>
                        <FTREF/>
                    </P>
                    <FTNT>
                        <P>
                            <SU>25</SU>
                             17 CFR 200.30-3(a)(12).
                        </P>
                    </FTNT>
                    <NAME>Sherry R. Haywood,</NAME>
                    <TITLE>Assistant Secretary.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13050 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8011-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF STATE</AGENCY>
                <DEPDOC>[Public Notice: 12431]</DEPDOC>
                <SUBJECT>Foreign Affairs Policy Board Meeting Notice; Closed Meeting</SUBJECT>
                <P>In accordance with section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. 1009(a)(2), the Department of State announces a meeting of the Foreign Affairs Policy Board to take place on July 15-16, 2024, at the Department of State, Washington, DC.</P>
                <P>The Foreign Affairs Policy Board provides the Secretary of State with independent, informed advice and opinion concerning matters of U.S. foreign policy. The Foreign Affairs Policy Board will review and assess: (1) Role and Reform of International Financial Institutions; (2) Risks and Opportunities Presented by PRC Overcapacity; (3) Planning for Policy Risks and Opportunities; and (4) The World in 2050. Pursuant to section 10(d) of the Federal Advisory Committee Act and 5 U.S.C. 552b(c)(1), it has been determined that this meeting will be closed to the public as the Board will be reviewing and discussing matters properly classified in accordance with Executive Order 13526.</P>
                <P>For more information, contact Leslie Thompson at the Department of State, Washington, DC 20520, telephone: (202) 647-4702.</P>
                <SIG>
                    <NAME>Salman S. Ahmed,</NAME>
                    <TITLE>Director of Policy Planning, Department of State.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13149 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4710-10-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">DEPARTMENT OF STATE</AGENCY>
                <DEPDOC>[Public Notice:12430]</DEPDOC>
                <SUBJECT>Renewal of Defense Trade Advisory Group Charter</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Department of State.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Department of State announces the renewal of the Charter for the Defense Trade Advisory Group (DTAG) for another two years. The DTAG advises the Department on issues involving its regulation of defense trade to help ensure the foreign policy and national security of the United States continue to be protected and advanced while facilitating the legitimate defense requirements of U.S. friends and allies. It is the only Department of State advisory committee that addresses defense trade related topics. The DTAG will remain in existence for two years after the filing date of the Charter unless terminated sooner.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>Paula Harrison, Designated Federal Officer, Defense Trade Advisory Group, Directorate of Defense Trade Controls, Department of State, Washington, DC 20520, telephone: (202) 663-3310.</P>
                    <P>
                        <E T="03">Authority:</E>
                         The DTAG is authorized by 22 U.S.C. 2651a and 2656 and the Federal Advisory Committee Act, 5 U.S.C. 1001 
                        <E T="03">et seq.</E>
                    </P>
                    <SIG>
                        <NAME>Paula C. Harrison,</NAME>
                        <TITLE>Designated Federal Officer, Defense Trade Advisory Group,  Department of State.</TITLE>
                    </SIG>
                </FURINF>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13114 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4710-25-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">SURFACE TRANSPORTATION BOARD</AGENCY>
                <DEPDOC>[Docket No. FD 36767]</DEPDOC>
                <SUBJECT>Grupo México, S.A.B. de C.V.—Acquisition of Control Exemption—Copper Basin Railway, Inc.</SUBJECT>
                <P>
                    Grupo México, S.A.B. de C.V. (GM), a noncarrier holding company, has filed a verified notice of exemption pursuant to 49 CFR 1180.2(d)(2) for after-the-fact authority to acquire control of Copper Basin Railway, Inc. (CBRY), a Class III rail carrier that owns and operates a rail line in Arizona.
                    <SU>1</SU>
                    <FTREF/>
                     According to a supplemental filing by GM, CBRY's line consists of a 54.6-mile main line between Magma Junction, at milepost 948.9, and Winkleman, at milepost 1003.5; a four-mile branch line from Ray Junction, at milepost 987.8, to Ray; and a two-mile branch line from Hayden 
                    <PRTPAGE P="50662"/>
                    Junction, at milepost 1000.2, to Hayden Smelter.
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         By decision served April 4, 2024, in another proceeding, the Board directed GMéxico Transportes, S.A.B. de C.V. (GMXT), a subsidiary of GM and the applicant in that proceeding, to clarify the status of CBRY given the apparent absence of authorization for GM to acquire common control of more than one rail carrier when it acquired CBRY. 
                        <E T="03">See GMéxico Transportes, S.A.B. de C.V.—Acquis. of Control Exemption—CG Ry.,</E>
                         FD 36701, slip op. at 3 (STB served Apr. 4, 2024). The April 2024 decision in Docket No. FD 36701 noted that a filing by GMXT and GM in a 2017 exemption proceeding identified CBRY as a Class III carrier controlled by GM, and that GM had been expected at that time to promptly seek authorization for common control if such authority were required. 
                        <E T="03">Id.</E>
                         (citing 
                        <E T="03">Grupo México, S.A.B. de C.V.—Control Exemption—Fla. E. Coast Holdings Corp.,</E>
                         FD 36109, slip op. at 1 n.2 (STB served May 9, 2017)).
                    </P>
                </FTNT>
                <P>
                    The verified notice states that, through an indirect, wholly owned subsidiary named ASARCO LLC (ASARCO), GM acquired a 100% ownership interest in CBRY in 2006.
                    <SU>2</SU>
                    <FTREF/>
                     According to the verified notice, at the time of the transaction GM also controlled (through its subsidiary GMXT) Texas Pacifico Transportation, Ltd. (Pacifico), a Class III rail carrier operating in the State of Texas. Thereafter, in 2017, GM acquired control of Florida East Coast Railway, LLC (FECR), a Class II rail carrier that owns and operates approximately 351 miles of main line track, as well as additional branch, switching, and other secondary track, along the east coast of Florida. 
                    <E T="03">See Grupo México, S.A.B. de C.V.—Control Exemption—Fla. E. Coast Holdings Corp.,</E>
                     FD 36109 (STB served May 9, 2017). The verified notice certifies that GM and its subsidiaries have not entered into any agreement with respect to the transaction that includes a provision that may limit future interchange with a third-party connecting carrier.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         According to the verified notice, prior to that transaction, ASARCO held a 45% interest in CBRY, with the remaining 55% held by Rail Partners II, LLC, a now-defunct Florida limited liability corporation.
                    </P>
                    <P>Public and confidential versions of the agreement under which GM acquired full ownership of CBRY were filed with the verified notice. The confidential version was submitted under seal concurrently with a motion for protective order, which was granted by a decision served on May 13, 2024.</P>
                </FTNT>
                <P>GM represents that none of the railroads in the GM corporate family connect with each other; that no further transactions are planned that would create a connection between any GM railroads; and that no GM-controlled railroad is a Class I carrier. GM further states that for the same reasons, GM's acquisition of control of CBRY qualified for an exemption at the time of the transaction and has remained qualified at every point in time since then. The transaction is therefore exempt from the prior approval requirements of 49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2).</P>
                <P>
                    The earliest this exemption may become effective is June 28, 2024 (30 days after the verified notice was filed).
                    <SU>3</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>3</SU>
                         Because GM supplemented its verified notice of exemption on May 29, 2024, that date is deemed the filing date of the verified notice.
                    </P>
                </FTNT>
                <P>
                    Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. In addition to two Class III rail carriers (CBRY and Pacifico), this after-the-fact notice of a continuance-in-control exemption involves a Class II rail carrier, FECR. Accordingly, the transaction is subject to the labor protection requirements of 49 U.S.C. 11326(b) and 
                    <E T="03">Wisconsin Central Ltd.—Acquisition Exemption—Lines of Union Pacific Railroad,</E>
                     2 S.T.B. 218 (1997).
                </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 June 21, 2024 (at least seven days before the exemption becomes effective).</P>
                <P>All pleadings, referring to Docket No. FD 36767, must be filed with the Surface Transportation Board either via e-filing on the Board's website or in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, one copy of each pleading must be served on GM's representative, Charles A. Spitulnik, Kaplan, Kirsch &amp; Rockwell, LLP, 1634 I (Eye) Street NW, Suite 300, Washington, DC 20006.</P>
                <P>According to GM, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting requirements 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: June 11, 2024.</DATED>
                    <P>By the Board, Mai T. Dinh, Director, Office of Proceedings.</P>
                    <NAME>Regena Smith-Bernard,</NAME>
                    <TITLE>Clearance Clerk.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13159 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4915-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SURFACE TRANSPORTATION BOARD</AGENCY>
                <DEPDOC>[Docket No. FD 36783]</DEPDOC>
                <SUBJECT>3i RR Holdings GP LLC, 3i RR Holdings Partnership L.P., 3i RR Intermediate Holdings LLC, 3i RR LLC, Regional Rail Holdings, LLC, Regional Rail Sub Holdings LLC, and Regional Rail, LLC—Control Exemption—Cincinnati Eastern Railroad LLC</SUBJECT>
                <P>3i RR Holdings GP LLC, 3i RR Holdings Partnership L.P., 3i RR Intermediate Holdings LLC, 3i RR LLC, Regional Rail Holdings, LLC, and Regional Rail Sub Holdings LLC (collectively, 3i RR) and Regional Rail, LLC (Regional Rail), each a noncarrier, have filed a verified notice of exemption under 49 CFR 1180.2(d)(2) to acquire control of Cincinnati Eastern Railroad, LLC (CCET II). CCET II will be the successor to CCET LLC (CCET I), a Class III rail carrier that operates approximately 69.45 miles of rail line in Ohio under lease from Norfolk Southern Railway Company.</P>
                <P>
                    According to the verified notice, Regional Rail is directly controlled by Regional Rail Sub Holdings LLC, which is controlled by Regional Rail Holdings, LLC, which is controlled by 3i RR LLC, which is controlled by 3i RR Intermediate Holdings LLC, which is controlled by 3i RR Holdings Partnership L.P., which is controlled by 3i RR Holdings GP LLC. The verified notice states that Regional Rail currently directly controls, and 3i RR indirectly controls, twelve other Class III rail carriers in the eastern United States.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Those carriers, and the states in which they operate, are: (1) Carolina Coastal Railway, Inc. (North Carolina and South Carolina); (2) East Penn Railroad, LLC (Delaware and Pennsylvania); (3) Effingham Railroad Company (Illinois); (4) Florida Central Railroad Company, Inc. (Florida); (5) Florida Midland Railroad Company, Inc. (Florida); (6) Florida Northern Railroad Company, Inc. (Florida); (7) Illinois Western Railroad Company (Illinois); (8) Indiana Eastern Railroad, LLC (Indiana and Ohio); (9) Middletown &amp; New Jersey Railroad, LLC (New York); (10) Port Manatee Railroad LLC (Florida); (11) Tyburn Railroad LLC (Pennsylvania); and (12) South Point &amp; Ohio Railroad, Inc. (Ohio).
                    </P>
                </FTNT>
                <P>
                    The proposed transaction is related to 
                    <E T="03">Paul Didelius &amp; CCET LLC—Intra-Corporate Family Transaction Exemption—Cincinnati Eastern Railroad,</E>
                     Docket No. FD 36782, in which CCET I and Paul Didelius (Didelius), who currently controls CCET I, have concurrently filed a verified notice of exemption for an intra-corporate family transaction for CCET I to merge into CCET II, with CCET II as the surviving entity.
                </P>
                <P>
                    According to the verified notice, pursuant to a membership interest purchase agreement to be entered into by Regional Rail, CCET I and CCET I's current owners, Regional Rail proposes to acquire all the existing equity interest of CCET II once it has been created and merged with CCET I.
                    <SU>2</SU>
                    <FTREF/>
                     Regional Rail would assume direct control of CCET II and 3i RR would assume indirect control of CCET II. The verified notice further states that no significant changes in the rail services currently provided by CCET I are anticipated as a result of the proposed transaction and that the agreement does not include any provision that would limit the future interchange of traffic with a third-party connecting carrier.
                </P>
                <FTNT>
                    <P>
                        <SU>2</SU>
                         Public and confidential versions of the agreement were filed with the verified notice. The confidential version was submitted under seal concurrent with a motion for protective order, which is addressed in a separate decision.
                    </P>
                </FTNT>
                <P>
                    3i RR and Regional Rail represent that: (1) the rail lines of CCET II do not connect with the lines of the rail carriers currently controlled by 3i RR and 
                    <PRTPAGE P="50663"/>
                    Regional Rail; (2) this control transaction is not part of a series of anticipated transactions that would result in such a connection; and (3) the transaction does not involve a Class I rail carrier. The proposed transaction is therefore exempt from the prior approval requirements of 49 U.S.C. 11323 pursuant to 49 CFR 1180.2(d)(2).
                </P>
                <P>This transaction may be consummated on or after June 30, 2024, the effective date of the exemption (30 days after the verified notice was filed).</P>
                <P>Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. However, 49 U.S.C. 11326(c) does not provide for labor protection for transactions under 49 U.S.C. 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here because all the carriers involved are Class III rail carriers.</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 June 21, 2024.</P>
                <P>All pleadings, referring to Docket No. FD 36783, must be filed with the Surface Transportation Board either via e-filing on the Board's website or in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, one copy of each pleading must be served on 3i RR's and Regional Rail's representative, Thomas J. Litwiler, Fletcher &amp; Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.</P>
                <P>According to 3i RR and Regional Rail, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and from historic reporting requirements 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: June 11, 2024.</DATED>
                    <P>By the Board, Mai T. Dinh, Director, Office of Proceedings.</P>
                    <NAME>Brendetta Jones,</NAME>
                    <TITLE>Clearance Clerk.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13167 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4915-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="S">SURFACE TRANSPORTATION BOARD</AGENCY>
                <DEPDOC>[Docket No. FD 36782]</DEPDOC>
                <SUBJECT>Paul Didelius and CCET LLC—Intra-Corporate Family Transaction Exemption—Cincinnati Eastern Railroad LLC</SUBJECT>
                <P>Paul Didelius (Didelius) and CCET LLC (CCET I), a Class III rail carrier controlled by Didelius, have filed a verified notice of exemption for an intra-corporate family transaction pursuant to 49 CFR 1180.2(d)(3), under which CCET I will merge with and into a newly formed noncarrier entity, CCET II, with CCET II as the surviving carrier corporation and Didelius controlling CCET II.</P>
                <P>
                    CCET I leases approximately 69.45 miles of rail line in Ohio from Norfolk Southern Railway Company (NSR) pursuant to an agreement extended in 2020. 
                    <E T="03">See CCET, LLC—Lease &amp; Operation Exemption—Rail Line of Norfolk S. Ry.,</E>
                     FD 36370 (STB served Dec. 26, 2019). According to the verified notice, CCET I's owners have reached an agreement to sell CCET I to 3i RR Holdings GP LLC et al. and Regional Rail, LLC (3i/Regional Rail), which currently control twelve other Class III rail carriers in the eastern United States. 
                    <E T="03">See 3i RR Holdings GP LLC—Control Exemption—Ind. E. R.R.,</E>
                     FD 36735 (STB served Nov. 16, 2023). Didelius and CCET I state that to accommodate certain corporate and tax considerations in connection with that transaction, CCET I will undergo a reorganization immediately prior to its sale to 3i/Regional Rail. The owners of CCET I have formed CCET Holding, Inc. (CCET Holding), which will assume direct ownership of CCET I. CCET II will be formed as a separate, noncarrier subsidiary of CCET Holding, and CCET I will be merged with and into CCET II, with CCET II as the surviving corporation, becoming a Class III rail carrier controlled indirectly by Didelius. The parameters of its lease operations in Ohio will be identical to those of CCET I. CCET II, in turn will be the rail carrier acquired by 3i/Regional Rail pursuant to the concurrently filed notice of exemption in 
                    <E T="03">3iRR Holding GP LLC—Control Exemption—Cincinnati Eastern Railroad,</E>
                     Docket No. FD 36783. In that proceeding, 3i/Regional Rail seek to obtain control of CCET II.
                </P>
                <P>
                    Didelius and CCET I state that the agreement between CCET I and CCET II that will govern the proposed transaction does not include any provision that would limit the future interchange of traffic with any third-party connecting carrier, nor does the existing lease agreement between CCET I and NSR.
                    <SU>1</SU>
                    <FTREF/>
                </P>
                <FTNT>
                    <P>
                        <SU>1</SU>
                         Didelius and CCET I filed with their verified notice an unexecuted copy of the agreement.
                    </P>
                </FTNT>
                <P>
                    The verified notice states that the transaction will not adversely affect the level of existing rail service, or result in significant operational changes or a change in the competitive balance with carriers outside the corporate family. Therefore, the transaction is exempt from the prior approval requirements of 49 U.S.C. 11323. 
                    <E T="03">See</E>
                     49 CFR 1180.2(d)(3). Unless stayed, the exemption will be effective on June 30, 2024, (30 days after the verified notice was filed).
                </P>
                <P>Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. However, 49 U.S.C. 11326(c) does not provide for labor protection for transactions under 49 U.S.C. 11324 and 11325 that involve only Class III rail carriers. CCET I is a Class III rail carrier and CCET II will be a Class III rail carrier after consummation of the proposed intra-corporate merger transaction. Accordingly, the Board may not impose labor protective conditions here because all the carriers involved are Class III rail carriers.</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 June 21, 2024 (at least seven days before the exemption becomes effective).</P>
                <P>All pleadings, referring to Docket No. FD 36782, must be filed with the Surface Transportation Board via e-filing on the Board's website or in writing addressed to 395 E Street SW, Washington, DC 20423-0001. In addition, one copy of each pleading must be served on Didelius's and CCET I's representative, Thomas J. Litwiler, Fletcher &amp; Sippel LLC, 29 North Wacker Drive, Suite 800, Chicago, IL 60606-3208.</P>
                <P>According to Didelius and CCET I, this action is categorically excluded from environmental review under 49 CFR 1105.6(c) and 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: June 11, 2024.</DATED>
                    <PRTPAGE P="50664"/>
                    <P>By the Board, Mai T. Dinh, Director, Office of Proceedings.</P>
                    <NAME>Brendetta Jones,</NAME>
                    <TITLE>Clearance Clerk.</TITLE>
                </SIG>
            </PREAMB>
            <FRDOC>[FR Doc. 2024-13166 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4915-01-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">TENNESSEE VALLEY AUTHORITY</AGENCY>
                <SUBJECT>Amended Record of Decision for the Production of Tritium in Commercial Light Water Reactors</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Tennessee Valley Authority.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Amended record of decision.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>The Tennessee Valley Authority (TVA) is amending the April 5, 2017 Record of Decision (ROD) for the Final Supplemental Environmental Impact Statement (SEIS) for the Production of Tritium in a Commercial Light Water Reactor (CLWR). The SEIS was issued March 4, 2016, by the U.S. Department of Energy (DOE) National Nuclear Security Administration (NNSA) and adopted by TVA in its 2017 ROD. TVA is amending its previous decision to increase the number of tritium-producing burnable absorber rods (TPBARs) irradiated in its reactors at Watts Bar Nuclear Plant (WBN). In partnership with NNSA, TVA initially decided to implement the CLWR SEIS Preferred Alternative, Alternative 6, which allows for the irradiation of up to a total of 5,000 TPBARs every 18 months using TVA reactors at both the WBN and Sequoyah sites. Subsequent to the CLWR SEIS, WBN Unit 1 increased production under Unit 1 License Amendment 107 (July 2016) and Unit 2 tritium production was authorized under Unit 2 License Amendment 27 (May 2019). In April 2024, WBN Units 1 and 2 were further authorized to increase their tritium productions to 2,496 TPBARs in each unit under Unit 1 License Amendment 165 and Unit 2 License Amendment 72. Hence, TVA and NNSA are now opting to choose the previously analyzed CLWR SEIS Alternative 4, which allows for the irradiation of up to a total of 5,000 TPBARs every 18 months at WBN using Units 1 and 2.</P>
                </SUM>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Matthew Higdon, Tennessee Valley Authority, NEPA Specialist, 400 West Summit Hill Drive (WT11B), Knoxville, Tennessee 37902; telephone (865) 632-8051; or email 
                        <E T="03">mshigdon@tva.gov.</E>
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>
                    This notice is provided in accordance with the National Environmental Policy Act (NEPA), as amended (42 U.S. Code [U.S.C.] 4321 
                    <E T="03">et seq.</E>
                    ), the Council on Environmental Quality's regulations for implementing NEPA (40 Code of Federal Regulations (CFR) 1500 through 1508, as updated April 20, 2022), and TVA's NEPA procedures (18 CFR 1318). TVA adopted the Final SEIS on March 4, 2016 (81 FR 11557-11558). As a cooperating agency, TVA provided subject matter expertise, independent review and evaluation, and close coordination with NNSA during the environmental review process, including preparation of the Draft SEIS and the Final SEIS. NNSA issued a ROD based on the Final SEIS on June 22, 2016 (81 FR 40685) and amended its ROD on September 14, 2023 (88 FR 63099). By this notice, TVA is providing notification of its amended decision and agency reasoning.
                </P>
                <HD SOURCE="HD1">Background</HD>
                <P>The NNSA is responsible for maintaining and enhancing the safety, security, reliability, and performance of the nation's nuclear weapons stockpile. Tritium, a radioactive isotope of hydrogen, is an essential component of every weapon in the current and projected U.S. nuclear weapons stockpile and must be replenished periodically due to its short half-life. In March 1999, NNSA published the Final EIS for Production of Tritium in a Commercial Light Water Reactor, which addressed the proposed interagency agreement with TVA to produce tritium at TVA reactors using TPBARs. In May 1999, DOE published the ROD for the 1999 EIS, identifying its decision to implement an agreement for tritium production at the WBN Unit 1 reactor in Rhea County, Tennessee, and Sequoyah Units 1 and 2 reactors in Hamilton County, Tennessee. Under the proposal, TVA would irradiate up to 3,400 TPBARs per reactor per fuel cycle, which lasts about 18 months. The agreement was needed by NNSA because at the time the U.S. nuclear weapons complex did not have the capability to produce the amounts of tritium that were needed to support the nation's current and future nuclear weapons stockpile.</P>
                <P>Following the environmental review, the agreement with NNSA was approved by the TVA Board of Directors in late 1999 and, in May 2000, TVA issued a ROD and adopted the NNSA's EIS (65 FR 26259). In 2000, TVA entered into an interagency agreement with NNSA under The Economy Act to provide irradiation services for producing tritium in TVA light water reactors through November 2035.</P>
                <P>TVA received license amendments from the U.S. Nuclear Regulatory Commission (NRC) in 2002 to produce tritium in WBN Unit 1 reactor and both Sequoyah reactors and has been producing tritium at the WBN Unit 1 reactor since 2003; TVA has not produced tritium in the Sequoyah reactors. Since 2003, irradiation experience at WBN has shown that the permeation rate per TPBAR per year has been higher than the estimate that was included and analyzed in the 1999 EIS by NNSA. NNSA prepared the 2016 CLWR SEIS to supplement its previous analysis to address the higher rates of permeation of tritium from TPBARs at TVA sites and to evaluate increasing tritium production quantities to meet requirements. The 2016 CLWR SEIS provides analysis of the potential environmental impacts from TPBAR irradiation based on a conservative estimate of the tritium permeation rate through the TPBAR cladding, NNSA's revised estimate of the maximum number of TPBARs necessary to support the current and projected future tritium supply requirements, and a maximum production scenario of irradiating no more than a total of 5,000 TPBARs every 18 months.</P>
                <P>Six alternatives were analyzed in the CLWR SEIS, including the No Action Alternative, which was identified by TVA in its 2017 ROD as environmentally preferable. In their respective RODs, NNSA and TVA initially decided to implement the Preferred Alternative, Alternative 6, which allows for the irradiation of up to a total of 5,000 TPBARs every 18 months using TVA reactors at both the WBN and Sequoyah sites. At the time, this decision provided the greatest flexibility to meet potential future needs that could arise from various plausible but unexpected events.</P>
                <P>After the 2016 SEIS, TVA increased irradiation of TPBARs at WBN Unit 1 under License Amendment 107 (July 2016) and at WBN Unit 2 under Unit 2 License Amendment 27 (May 2019). In April 2024, WBN Units 1 and 2 were further authorized to increase their tritium productions to 2,496 TPBARs in each unit under Unit 1 License Amendment 165 and Unit 2 License Amendment 72. Because TVA does not plan to produce tritium at its Sequoyah site, TVA and NNSA are now opting to choose the previously analyzed CLWR SEIS Alternative 4, which allows for the irradiation of up to a total of 5,000 TPBARs every 18 months at WBN Units 1 and 2.</P>
                <P>
                    In a February 2023 memorandum, TVA documented its review of the CLWR SEIS to determine if additional environmental review under NEPA was required, consistent with Council on Environmental Quality's regulations implementing NEPA at 40 CFR 
                    <PRTPAGE P="50665"/>
                    1502.9(d). As discussed in the February 2023 memorandum, entitled “Determination of NEPA Adequacy, Production of Tritium in a Commercial Light Water Nuclear Reactor (Watts Bar Nuclear Plant),” TVA concluded that there were no new circumstances or information relevant to environmental concerns that are significant or that substantially change the analysis of the 2016 CLWR SEIS. Recent information reviewed by TVA in most cases confirmed TVA's previous description of the affected environment. In instances where recent information differed notably, that information does not substantially change the previous environmental analysis. TVA found that the SEIS continues to provide a conservative bounding analysis for a variety of key issues, including the amount of additional fuel assemblies, the expected tritium permeation rate, and waste generation. In addition, TVA confirmed that the CLWR SEIS analysis indicates that there would not be any significant increase in radiation exposure associated with TPBAR irradiation for facility workers or the public. For all analyzed alternatives (including both Alternatives 4 and 6), estimated radiation exposures would remain well below regulatory limits. The calculated estimated exposures for normal reactor operations with even the maximum number of TPBARs are comparable to those for normal reactor operation without TPBARs.
                </P>
                <P>After determining additional environmental review was not necessary, in March 2023 TVA submitted to the NRC a License Amendment Request (#165) to Facility Operating License NPF-90 (#165) and a License Amendment Request (#72) to Facility Operating License NPF-96 for WBN Units 1 and 2. The amendments would allow TVA to increase the maximum number of TPBARs to 2,496 in each WBN unit. The NRC approved the two amendments on April 15, 2024.</P>
                <HD SOURCE="HD1">Amended Decision</HD>
                <P>TVA is amending its previous decision (82 FR 16653) to implement the 2016 CLWR SEIS's Alternative 6 that assumes TVA would irradiate up to a total of 5,000 TPBARs every 18 months using both the WBN and Sequoyah sites. Because TVA would irradiate a maximum of 2,500 TPBARs in any one reactor, this could involve the use of one or both reactors at each of the sites. Instead, TVA has decided to implement the 2016 CLWR SEIS's Alternative 4 that assumes TVA would irradiate up to a total of 5,000 TPBARs every 18 months at WBN using both reactors. Since TVA would irradiate a maximum of 2,500 TPBARs in any one reactor, both Units 1 and 2 would be used to produce tritium. Under this amended decision, TVA will not irradiate TPBARs for tritium production at the Sequoyah site. This amended decision is consistent with the September 2023 decision by NNSA to amend its previous decision and implement Alternative 4 of the 2016 CLWR SEIS (88 FR 63099).</P>
                <HD SOURCE="HD1">Basis for Decision</HD>
                <P>The basis for TVA's decision is its commitment to provide irradiation services for producing tritium for NNSA under the interagency agreement established in 2000 between the two agencies. The proposal reflects responsible planning on the part of NNSA and provides the greatest flexibility for NNSA to meet future tritium production requirements and assist in meeting national security requirements. The decision reflects TVA's continued commitment to support the nation's defense efforts and national security requirements.</P>
                <P>The environmental impacts of the proposed action have been addressed in the previous environmental impact statements. TVA's 2023 Determination of NEPA Adequacy memorandum further addresses consideration by TVA of new information or circumstances relevant to environmental concerns. In its 2023 memorandum, TVA addressed the anticipated effects on the amount of spent fuel to be generated at WBN, the fuel cycle there, and the amount of tritiated wastewater estimated to be generated from TPBAR irradiation.</P>
                <P>Regarding the amount of spent fuel to be generated at WBN, implementing Alternative 4 would result in 36 additional fuel assemblies every 18 months. The SEIS, which assumed up to 41 additional fuel assemblies, provides a conservative bounding analysis of the approximately 2,500 TPBAR equilibrium core designs. Although there would be additional spent fuel generated under Alternative 4, TVA has infrastructure in place to manage the increased volume of spent nuclear fuel assemblies.</P>
                <P>Regarding the new decision's effects on the fuel cycle, the cycle length is only mentioned in the SEIS twice and only in the context of being a “potential uncertainty” in determining if it was necessary to assume in the SEIS a higher, more conservative tritium permeation rate. TVA does not consider the operating cycle length to be uncertain, and it also does not anticipate irradiation of up to 2,500 TPBARs at each reactor would affect the typical fuel cycle. Therefore, the issue has no bearing on the review of adequacy of the SEIS in addressing the irradiation of up to 5,000 TPBARs at WBN.</P>
                <P>Lastly, the estimated amount of tritiated wastewater (due to permeation from the TPBARs into the cooling water) was not identified in the SEIS, as it is difficult to separate this out from other releases from such things as turbine building sumps, floor drain collector sumps, groundwater sumps, etc. However, to keep maximum tritium concentrations low, TVA will continue to use a “feed and bleed” technique when releasing wastewater; the technique requires additional cooling water per fuel cycle to ensure discharges are within regulatory limits. TVA estimates using this technique will increase water usage by approximately 25 percent but is not expected to affect environmental impacts.</P>
                <P>The current proposal does not represent a substantive change to operations, activities, and associated impacts addressed and analyzed in the existing NEPA documentation. Therefore, based on its review of Alternative 4 in the 2016 CLWR SEIS and TVA's updated analysis and review for significant new circumstances or information or substantial changes to the proposal, TVA's decision is reasonable and no further NEPA analysis is required. Similar to the identification in the 2017 ROD, TVA identifies the No Action Alternative as the environmentally preferred alternative in this amended ROD. The amended decision does not affect TVA's commitment to implement relevant mitigation measures identified in TVA's 2017 ROD, and TVA will continue to monitor its operations for emissions to air and water in accordance with NRC licensing requirements. TVA has adopted all practicable means to avoid or minimize environmental harm from the selected alternative.</P>
                <P>
                    <E T="03">Authority:</E>
                     40 CFR 1505.2.
                </P>
                <SIG>
                    <NAME>Matthew M. Rasmussen,</NAME>
                    <TITLE>Senior Vice President, Nuclear Engineering and Operations Support.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13069 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8120-08-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF THE TREASURY</AGENCY>
                <SUBAGY>Office of Foreign Assets Control</SUBAGY>
                <SUBJECT>Notice of OFAC Sanctions Actions</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P>Office of Foreign Assets Control, Treasury.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        The U.S. Department of the Treasury's Office of Foreign Assets 
                        <PRTPAGE P="50666"/>
                        Control (OFAC) is publishing the names of one or more persons that have been placed on OFAC's Specially Designated Nationals and Blocked Persons List (SDN List) based on OFAC's determination that one or more applicable legal criteria were satisfied. All property and interests in property subject to U.S. jurisdiction of these persons are blocked, and U.S. persons are generally prohibited from engaging in transactions with them.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P>
                        See 
                        <E T="02">SUPPLEMENTARY INFORMATION</E>
                         section for applicable date(s).
                    </P>
                </DATES>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>OFAC: Bradley T. Smith, Director, tel.: 202-622-2490; Associate Director for Global Targeting, tel.: 202-622-2420; Assistant Director for Licensing, tel.: 202-622-2480; Assistant Director for Regulatory Affairs, tel.: 202-622-4855; or the Assistant Director for Compliance, tel.: 202-622-2490.</P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <HD SOURCE="HD1">Electronic Availability</HD>
                <P>
                    The SDN List and additional information concerning OFAC sanctions programs are available on OFAC's website (
                    <E T="03">https://www.treasury.gov/ofac</E>
                    ).
                </P>
                <HD SOURCE="HD1">Notice of OFAC Actions</HD>
                <P>On June 6, 2024, OFAC determined that the property and interests in property subject to U.S. jurisdiction of the following persons are blocked under the relevant sanctions authority listed below.</P>
                <HD SOURCE="HD1">Individual</HD>
                <EXTRACT>
                    <P>1. CHAVARRIA BARRE, Wilmer Geovanny (a.k.a. “Pipo”), Ecuador; DOB 15 May 1986; POB Ecuador; nationality Ecuador; Gender Male; Cedula No. 1205189911 (Ecuador) (individual) [ILLICIT-DRUGS-EO14059] (Linked To: LOS LOBOS DRUG TRAFFICKING ORGANIZATION).</P>
                    <P>Designated pursuant to section 1(b)(ii) of Executive Order 14059 of December 15, 2021, “Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade,” 86 FR 71549 (December 17, 2021) (E.O. 14059) for being or having been a leader or official of Los Lobos Drug Trafficking Organization, a person sanctioned pursuant to E.O. 14059.</P>
                </EXTRACT>
                <HD SOURCE="HD1">Entity </HD>
                <EXTRACT>
                    <P>1. LOS LOBOS DRUG TRAFFICKING ORGANIZATION (a.k.a. “LOS LOBOS”), Ecuador; Target Type Criminal Organization [ILLICIT-DRUGS-EO14059].</P>
                    <P>Designated pursuant to section 1(a)(i) of E.O. 14059 for having engaged in, or attempted to engage in, activities or transactions that have materially contributed to, or pose a significant risk of materially contributing to, the international proliferation of illicit drugs or their means of production.</P>
                </EXTRACT>
                <SIG>
                    <DATED>Dated: June 6, 2024.</DATED>
                    <NAME>Bradley T. Smith,</NAME>
                    <TITLE>Director, Office of Foreign Assets Control, U.S. Department of the Treasury.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13174 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 4810-AL-P</BILCOD>
        </NOTICE>
        <NOTICE>
            <PREAMB>
                <AGENCY TYPE="N">DEPARTMENT OF VETERANS AFFAIRS</AGENCY>
                <DEPDOC>[OMB Control No. 2900-0166]</DEPDOC>
                <SUBJECT>Agency Information Collection Activity: Applications for Ordinary Life Insurance Age 65 &amp; 70</SUBJECT>
                <AGY>
                    <HD SOURCE="HED">AGENCY:</HD>
                    <P> Veterans Benefits Administration, Department of Veterans Affairs.</P>
                </AGY>
                <ACT>
                    <HD SOURCE="HED">ACTION:</HD>
                    <P>Notice.</P>
                </ACT>
                <SUM>
                    <HD SOURCE="HED">SUMMARY:</HD>
                    <P>
                        Veterans Benefits Administration (VBA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, 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 of a currently approved collection, and allow 60 days for public comment in response to the notice.
                    </P>
                </SUM>
                <DATES>
                    <HD SOURCE="HED">DATES:</HD>
                    <P> Comments must be received on or before August 13, 2024.</P>
                </DATES>
                <ADD>
                    <HD SOURCE="HED">ADDRESSES:</HD>
                    <P>
                        Comments must be submitted through 
                        <E T="03">www.regulations.gov.</E>
                    </P>
                </ADD>
                <FURINF>
                    <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                    <P>
                        Program-Specific information: Nancy Kessinger, 202-632-8924, 
                        <E T="03">Nancy.Kessinger@va.gov.</E>
                    </P>
                    <P>
                        <E T="03">VA PRA information:</E>
                         Maribel Aponte, 202-461-8900, 
                        <E T="03">vacopaperworkreduact@va.gov</E>
                        .
                    </P>
                </FURINF>
            </PREAMB>
            <SUPLINF>
                <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                <P>Under the PRA of 1995, Federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. This request for comment is being made pursuant to section 3506(c)(2)(A) of the PRA.</P>
                <P>With respect to the following collection of information, VBA invites comments on: (1) whether the proposed collection of information is necessary for the proper performance of VBA's functions, including whether the information will have practical utility; (2) the accuracy of VBA's estimate of the burden of the proposed collection of information; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or the use of other forms of information technology.</P>
                <P>
                    <E T="03">Title:</E>
                     Application for Ordinary Life Age 65 &amp; 70, VA Form 29-8485 and VA Form 29-8485a.
                </P>
                <P>
                    <E T="03">OMB Control Number:</E>
                     2900-0166. 
                    <E T="03">https://www.reginfo.gov/public/do/PRASearch</E>
                     (Once at this link, you can enter the OMB Control Number to find the historical versions of this Information Collection).
                </P>
                <P>
                    <E T="03">Type of Review:</E>
                     Extension of a currently approved collection.
                </P>
                <P>
                    <E T="03">Abstract:</E>
                     These forms are used by the policyholder to apply for replacement insurance for Modified Life Reduced at Age 65 and 70. The information is required by law, 38 U.S.C. 1904. The expiration date is being added to the forms.
                </P>
                <P>
                    <E T="03">Affected Public:</E>
                     Individuals and households.
                </P>
                <P>
                    <E T="03">Estimated Annual Burden:</E>
                     1,284 hours.
                </P>
                <P>
                    <E T="03">Estimated Average Burden per Respondent:</E>
                     5 minutes.
                </P>
                <P>
                    <E T="03">Frequency of Response:</E>
                     On occasion.
                </P>
                <P>
                    <E T="03">Estimated Number of Respondents:</E>
                     15,400.
                </P>
                <P>
                    <E T="03">Authority:</E>
                     44 U.S.C. 3501 
                    <E T="03">et seq.</E>
                </P>
                <SIG>
                    <NAME>Dorothy Glasgow,</NAME>
                    <TITLE>VA PRA Clearance Officer, (Alt.) Office of Enterprise and Integration/Data Governance Analytics, Department of Veterans Affairs.</TITLE>
                </SIG>
            </SUPLINF>
            <FRDOC>[FR Doc. 2024-13051 Filed 6-13-24; 8:45 am]</FRDOC>
            <BILCOD>BILLING CODE 8320-01-P</BILCOD>
        </NOTICE>
    </NOTICES>
    <VOL>89</VOL>
    <NO>116</NO>
    <DATE>Friday, June 14, 2024</DATE>
    <UNITNAME>Presidential Documents</UNITNAME>
    <PRESDOCS>
        <PRESDOCU>
            <PRMEMO>
                <TITLE3>Title 3—</TITLE3>
                <PRES>
                    The President
                    <PRTPAGE P="50499"/>
                </PRES>
                <MEMO>Memorandum of May 24, 2024</MEMO>
                <HD SOURCE="HED">Delegation of Authority Under Section 506(a)(1) and 614(a)(1) of the Foreign Assistance Act of 1961</HD>
                <HD SOURCE="HED">Memorandum for the Secretary of State</HD>
                <FP>By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 621 of the Foreign Assistance Act of 1961 (FAA), I hereby delegate to the Secretary of State:</FP>
                <FP>(1) the authority under section 506(a)(1) of the FAA to direct the drawdown of up to $275 million in defense articles and services of the Department of Defense, and military education and training, to provide assistance to Ukraine and to make the determinations required under such section to direct such a drawdown; and</FP>
                <FP>(2) the authority under section 614(a)(1) of the FAA to determine whether it is important to the security interests of the United States to furnish up to $24 million in assistance to Ukraine without regard to any provision of law within the purview of section 614(a)(1) of the FAA.</FP>
                <FP>
                    You are authorized and directed to publish this memorandum in the 
                    <E T="03">Federal Register</E>
                    .
                </FP>
                <GPH SPAN="1" DEEP="80" HTYPE="RIGHT">
                    <GID>BIDEN.EPS</GID>
                </GPH>
                <PSIG> </PSIG>
                <PLACE>THE WHITE HOUSE,</PLACE>
                <DATE>Washington, May 24, 2024</DATE>
                <FRDOC>[FR Doc. 2024-13298 </FRDOC>
                <FILED>Filed 6-13-24; 8:45 am]</FILED>
                <BILCOD>Billing code 4710-10-P</BILCOD>
            </PRMEMO>
        </PRESDOCU>
    </PRESDOCS>
    <VOL>89</VOL>
    <NO>116</NO>
    <DATE>Friday, June 14, 2024</DATE>
    <UNITNAME>Notices</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="50667"/>
            <PARTNO>Part II</PARTNO>
            <AGENCY TYPE="P">Department of Housing and Urban Development</AGENCY>
            <TITLE>Announcement of Funding Awards; Notice</TITLE>
        </PTITLE>
        <NOTICES>
            <NOTICE>
                <PREAMB>
                    <PRTPAGE P="50668"/>
                    <AGENCY TYPE="S">DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</AGENCY>
                    <DEPDOC>[Docket No. FR-6418-N-01]</DEPDOC>
                    <SUBJECT>Announcement of Funding Awards</SUBJECT>
                    <AGY>
                        <HD SOURCE="HED">AGENCY:</HD>
                        <P>Office of Chief Financial Officer, HUD.</P>
                    </AGY>
                    <ACT>
                        <HD SOURCE="HED">ACTION:</HD>
                        <P>Notice.</P>
                    </ACT>
                    <SUM>
                        <HD SOURCE="HED">SUMMARY:</HD>
                        <P>In accordance with the Department of Housing and Urban Development Reform Act of 1989, this announcement notifies the public of funding decisions made by the Department in competitions for funding under the Notices of Funding Opportunity (NOFOs) and Notices for the following program(s): FY 2022 Housing Opportunities for Persons with AIDS (HOPWA) Program, FY2021 Youth Homeless Demonstration Program, and FY 2021 Continuum of Care Grants.</P>
                    </SUM>
                    <FURINF>
                        <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                        <P>
                            Dorthera Yorkshire, Director, Grants Management and Oversight, Office of the Chief Financial Officer (Systems), telephone (202) 402-4226; Grants Management and Oversight; email 
                            <E T="03">AskGMO@hud.gov</E>
                             or the contact person listed in each appendix. HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech or communication disabilities. To learn more about how to make an accessible telephone call, please visit 
                            <E T="03">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.</E>
                        </P>
                    </FURINF>
                </PREAMB>
                <SUPLINF>
                    <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                    <P>
                        HUD posted FY 2022 Housing Opportunities for Persons with AIDS (HOPWA) Program on 
                        <E T="03">grants.gov</E>
                         June 13, 2022, (CPD-22-08). The competition closed on August 1, 2022. HUD rated and selected for funding based on selection criteria contained in the Notice. This competition awarded $22,606,869 to 21 recipients to provide permanent supportive housing (PSH) as the primary grant activity to HOPWA-eligible clients. For the purposes of the Notice, “permanent housing” means housing in which the eligible person has a continuous legal right to remain in the unit established by a lease or legally binding occupancy agreement.
                    </P>
                    <P>
                        HUD posted FY 2021Youth Homeless Demonstration Program on 
                        <E T="03">grants.gov</E>
                         March 24, 2022, (FR-6500-N-35). The competition closed on June 28, 2022. HUD rated and selected for funding based on selection criteria contained in the NOFO. This competition awarded $83,699,223 to 17 recipients to support selected communities in the development and implementation of a coordinated community approach to preventing and ending youth homelessness and sharing that experience with and mobilizing communities around the country toward the same end. The population to be served by this demonstration program is youth experiencing homelessness, including unaccompanied and pregnant or parenting youth. The demonstration has seven primary objectives: build national momentum, promote equity in the delivery and outcomes of homeless assistance, highlight the importance of youth leadership, evaluate the coordinated community approach, expand capacity, evaluate performance measures, and establish a framework for Federal program and TA collaboration.
                    </P>
                    <P>
                        HUD posted FY 2021 Continuum of Care Grants Program on 
                        <E T="03">grants.gov</E>
                         August 18, 2021, (FR-6500-N-25). The competition closed on November 16, 2021. HUD rated and selected for funding based on selection criteria contained in the NOFO. This competition awarded $2,646,471,519 to 7047 recipients to promote a community-wide commitment to the goal of ending homelessness; to provide funding for efforts by nonprofit providers, states, Indian Tribes or tribally designated housing entities (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103) (TDHEs)), and local governments to quickly rehouse homeless individuals, families, persons fleeing domestic violence, dating violence, sexual assault, and stalking, and youth while minimizing the trauma and dislocation caused by homelessness; to promote access to and effective utilization of mainstream programs by homeless individuals and families; and to optimize self-sufficiency among those experiencing homelessness.
                    </P>
                    <P>In accordance with section 102(a)(4)(C) of the Department of Housing and Urban Development Reform Act of 1989 (103 Stat. 1987, 42 U.S.C. 3545(a)(4)(C)), the Department is publishing the awardees and the amounts of the awards in Appendix A-C of this document.</P>
                    <SIG>
                        <DATED>Dated: May 31, 2024.</DATED>
                        <NAME>Dorthera Yorkshire,</NAME>
                        <TITLE>Director, Grants Management and Oversight, Office of the Chief Financial Officer.</TITLE>
                    </SIG>
                    <BILCOD>BILLING CODE 4210-67-P</BILCOD>
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                        <PRTPAGE P="51074"/>
                        <GID>EN14JN24.405</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51075"/>
                        <GID>EN14JN24.406</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51076"/>
                        <GID>EN14JN24.407</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51077"/>
                        <GID>EN14JN24.408</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51078"/>
                        <GID>EN14JN24.409</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51079"/>
                        <GID>EN14JN24.410</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51080"/>
                        <GID>EN14JN24.411</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51081"/>
                        <GID>EN14JN24.412</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51082"/>
                        <GID>EN14JN24.413</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51083"/>
                        <GID>EN14JN24.414</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51084"/>
                        <GID>EN14JN24.415</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51085"/>
                        <GID>EN14JN24.416</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51086"/>
                        <GID>EN14JN24.417</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51087"/>
                        <GID>EN14JN24.418</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51088"/>
                        <GID>EN14JN24.419</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51089"/>
                        <GID>EN14JN24.420</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51090"/>
                        <GID>EN14JN24.421</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51091"/>
                        <GID>EN14JN24.422</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51092"/>
                        <GID>EN14JN24.423</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51093"/>
                        <GID>EN14JN24.424</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51094"/>
                        <GID>EN14JN24.425</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51095"/>
                        <GID>EN14JN24.426</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51096"/>
                        <GID>EN14JN24.427</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51097"/>
                        <GID>EN14JN24.428</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51098"/>
                        <GID>EN14JN24.429</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51099"/>
                        <GID>EN14JN24.430</GID>
                    </GPH>
                    <GPH SPAN="3" DEEP="599">
                        <PRTPAGE P="51100"/>
                        <GID>EN14JN24.431</GID>
                    </GPH>
                </SUPLINF>
                <FRDOC>[FR Doc. 2024-12287 Filed 6-13-24; 8:45 am]</FRDOC>
                <BILCOD>BILLING CODE 4210-67-C</BILCOD>
            </NOTICE>
        </NOTICES>
    </NEWPART>
    <VOL>89</VOL>
    <NO>116</NO>
    <DATE>Friday, June 14, 2024</DATE>
    <UNITNAME>Notices</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="51101"/>
            <PARTNO>Part III</PARTNO>
            <AGENCY TYPE="P"> Department of Commerce</AGENCY>
            <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
            <HRULE/>
            <TITLE>Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Furie Operating Alaska, LLC Oil and Gas Activities in Cook Inlet, Alaska; Notice</TITLE>
        </PTITLE>
        <NOTICES>
            <NOTICE>
                <PREAMB>
                    <PRTPAGE P="51102"/>
                    <AGENCY TYPE="S">DEPARTMENT OF COMMERCE</AGENCY>
                    <SUBAGY>National Oceanic and Atmospheric Administration</SUBAGY>
                    <DEPDOC>[RTID 0648-XD682]</DEPDOC>
                    <SUBJECT>Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Furie Operating Alaska, LLC Oil and Gas Activities in Cook Inlet, Alaska</SUBJECT>
                    <AGY>
                        <HD SOURCE="HED">AGENCY:</HD>
                        <P>National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.</P>
                    </AGY>
                    <ACT>
                        <HD SOURCE="HED">ACTION:</HD>
                        <P>Notice; proposed incidental harassment authorizations; request for comments on proposed authorizations and possible renewals.</P>
                    </ACT>
                    <SUM>
                        <HD SOURCE="HED">SUMMARY:</HD>
                        <P>NMFS has received a request from Furie Operating Alaska, LLC (Furie) for authorization to take marine mammals incidental to oil and gas activities in Cook Inlet, Alaska. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue two consecutive incidental harassment authorizations (IHAs) to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible one-time, 1-year renewal that could be issued for either or both of the two IHAs under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision.</P>
                    </SUM>
                    <DATES>
                        <HD SOURCE="HED">DATES:</HD>
                        <P>Comments and information must be received no later than July 15, 2024.</P>
                    </DATES>
                    <ADD>
                        <HD SOURCE="HED">ADDRESSES:</HD>
                        <P>
                            Comments should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service and should be submitted via email to 
                            <E T="03">ITP.Davis@noaa.gov.</E>
                             Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: 
                            <E T="03">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-oil-and-gas.</E>
                             In case of problems accessing these documents, please call the contact listed below.
                        </P>
                        <P>
                            <E T="03">Instructions:</E>
                             NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments, including all attachments, must not exceed a 25-megabyte file size. All comments received are a part of the public record and will generally be posted online at 
                            <E T="03">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-oil-and-gas</E>
                             without change. All personal identifying information (
                            <E T="03">e.g.,</E>
                             name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information.
                        </P>
                    </ADD>
                    <FURINF>
                        <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                        <P>Leah Davis, Office of Protected Resources, NMFS, (301) 427-8401.</P>
                    </FURINF>
                </PREAMB>
                <SUPLINF>
                    <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                    <HD SOURCE="HD1">Background</HD>
                    <P>
                        The MMPA prohibits the “take” of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 
                        <E T="03">et seq.</E>
                        ) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are proposed or, if the taking is limited to harassment, a notice of a proposed IHA is provided to the public for review.
                    </P>
                    <P>Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other “means of effecting the least practicable adverse impact” on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for certain subsistence uses (referred to in shorthand as “mitigation”); and requirements pertaining to the mitigation, monitoring and reporting of the takings are set forth. The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below.</P>
                    <HD SOURCE="HD1">National Environmental Policy Act</HD>
                    <P>
                        To comply with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 
                        <E T="03">et seq.</E>
                        ) and NOAA Administrative Order (NAO) 216-6A, NMFS must review our proposed action (
                        <E T="03">i.e.,</E>
                         the issuance of an IHA) with respect to potential impacts on the human environment. Accordingly, NMFS is preparing an Environmental Assessment (EA) to consider the environmental impacts associated with the issuance of the proposed IHA. NMFS' EA will be made available at 
                        <E T="03">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-oil-and-gas</E>
                         at the time of publication. We will review all comments submitted in response to this notice prior to concluding our NEPA process or making a final decision on the IHA request.
                    </P>
                    <HD SOURCE="HD1">Summary of Request</HD>
                    <P>On July 19, 2023, NMFS received a request from Furie for two consecutive IHAs to take marine mammals incidental to oil and gas activities in Cook Inlet, Alaska. The application was deemed adequate and complete on April 5, 2024. Furie's request is for take of 12 species of marine mammals, by Level B harassment and, for harbor seals, Level A harassment. Neither Furie nor NMFS expect serious injury or mortality to result from this activity and, therefore, an IHA is appropriate.</P>
                    <HD SOURCE="HD1">Description of Proposed Activity</HD>
                    <HD SOURCE="HD2">Overview</HD>
                    <P>
                        From April 1, 2024, through March 31, 2025 (Year 1), and from April 1, 2025 through March 31, 2026 (Year 2), Furie is planning to conduct the following oil and gas activities in Middle Cook Inlet, Alaska. In Year 1, Furie proposes to relocate the Enterprise 151 jack-up production rig (Enterprise 151 or rig) to the Julius R. Platform (JRP) site, install up to two conductor piles using an impact hammer, and conduct production drilling of up to two natural gas wells at the JRP with the Enterprise 151 rig (or a similar rig) across 45-180 days. During Year 2, Furie proposes to relocate the Enterprise 151 rig to the JRP site again, potentially install one to two conductor piles using an impact hammer (depending on whether either or both of these piles are installed or not during Year 1), and conduct additional production drilling at the JRP. Furie proposes to conduct the rig towing and pile driving activities between April 1 and November 15 each year, but if favorable ice conditions occur outside of that period, it may tow the rig or pile drive outside of that period. Noise produced by rig towing and installation of the conductor piles may result in take, by Level B harassment, of marine mammals, and for harbor seals, also Level A harassment. Thus references to tugging activities herein refer to 
                        <PRTPAGE P="51103"/>
                        activities where tugs are under load with the rig.
                    </P>
                    <HD SOURCE="HD2">Dates and Duration</HD>
                    <P>NMFS anticipates that the proposed Year 1 IHA would be effective for 1 year beginning mid-to-late 2024, and the proposed Year 2 IHA would be effective for one year beginning mid-to-late 2025. The final effective dates would be determined based upon when Furie anticipates being able to secure the rig from another operator in Cook Inlet. As noted above, Furie expects to conduct the rig towing and pile driving activities between April 1 and November 15 each year, but if favorable ice conditions occur outside of that period, it may tow the rig or pile drive outside of that period. Furie will conduct impact installation of conductor piles during daylight hours only, and it will only conduct rig towing at night if necessary to accommodate a favorable tide. Production drilling may be conducted 24 hours per day.</P>
                    <HD SOURCE="HD2">Specific Geographic Region</HD>
                    <P>Furie's proposed activities would take place in Cook Inlet, Alaska. For the purposes of this project, lower Cook Inlet refers to waters south of the East and West Forelands; middle Cook Inlet refers to waters north of the East and West Forelands and south of Threemile River on the west and Point Possession on the east; and upper Cook Inlet refers to waters north and east of Beluga River on the west and Point Possession on the east. The JRP is located in middle Cook Inlet, approximately 8 miles due south of Tyonek, Alaska, and approximately 10 miles offshore from the shoreline to the southeast of the JRP.</P>
                    <P>The southernmost area of operation during Furie's Year 1 and Year 2 drilling projects is the Rig Tenders Dock, located in Nikiski, Alaska, where the Enterprise 151 rig overwinters. The Rig Tenders Dock is in lower Cook Inlet, approximately 2.3 miles south of the East Foreland. The northernmost location at which Furie may assume operatorship of the Enterprise 151 rig is Hilcorp Alaska LLC's (Hilcorp) Bruce platform, located 6.4 miles (10.3 kilometers (km)) northwest of the JRP. Hilcorp has stated that they do not intend to conduct work at the Tyonek platform in 2024 or 2025, and therefore, Furie does not intend to operate or tow the Enterprise 151 north of the Bruce platform. The Tyonek platform is within the Susitna Delta Exclusion Zone identified in Hilcorp's IHAs (87 FR 62364, October 14, 2022). If Hilcorp does conduct work at the Tyonek platform, it would maintain operatorship and control of the Enterprise 151 until the tow is underway with lines taut and the Enterprise 151 is under tug power. As a result, Hilcorp would maintain responsibility for any applicable mitigation measures in their current IHA that must be met before a tow may be initiated. Once the tow is underway, Furie representatives would take over operatorship of the Enterprise 151.</P>
                    <P>Furie expects to tow the Enterprise 151 once or twice each season. The origin of the first rig tow before Furie's use at the JRP and the destination of the tow after use at the JRP is yet to be determined, as Hilcorp also intends to use the Enterprise 151 for similar work in the same region of Cook Inlet, so Furie and Hilcorp must coordinate the use of the Enterprise 151. Furie may assume operatorship of the Enterprise 151 from Hilcorp mid-season, pass operatorship to Hilcorp mid-season, or be the sole operator of the rig if Hilcorp does not use it.</P>
                    <P>
                        If Furie is the first to operate the Enterprise 151 in a season, the origination of the first tow is likely to begin at the Rig Tenders Dock and would end at the JRP. If Furie is the sole operator of the Enterprise 151 within a season, the rig would be returned to Rig Tenders at the end of the production drilling operation. However, if Hilcorp is the first to use the Enterprise 151 rig, the origination of Furie's tow could be any of Hilcorp's assets (
                        <E T="03">i.e.,</E>
                         platforms or well locations within the lease areas operated by Hilcorp). If Hilcorp uses the Enterprise 151 after Furie, operatorship and responsibility for the rig tow will pass to Hilcorp when it is towed from JRP to one of its Cook Inlet assets.
                    </P>
                    <P>A map of the specific area in which Furie plans to operate is provided in figure 1.</P>
                    <GPH SPAN="3" DEEP="509">
                        <PRTPAGE P="51104"/>
                        <GID>EN14JN24.432</GID>
                    </GPH>
                    <HD SOURCE="HD2">Detailed Description of the Specified Activity</HD>
                    <HD SOURCE="HD3">Year 1</HD>
                    <P>Tug Towing and Positioning- Furie proposes to conduct production drilling at the JRP with the Enterprise 151 rig (or a similar rig; see Furie's IHA application for additional information about the Enterprise 151 rig). A jack-up rig is not self-propelled and requires vessels (tugs or heavy-lift ships) to transport it to an offshore drilling location. The Enterprise 151 has a buoyant triangular hull, allowing it to be towed like a barge. The rig will be towed to the JRP by up to three ocean-going tugboats. (Table 2 describes potential rig tow origins and destinations.) Upon arrival at the JRP, a fourth tugboat may join the other three for up to 1 hour to complete the precise positioning of the rig next to the JRP. The tugboats are expected to be rated between 4,000 horsepower (hp) and 8,000 hp. Specifications of the proposed tugs are provided in table 1.</P>
                    <GPOTABLE COLS="5" OPTS="L2,i1" CDEF="s50,r75,r40,r40,r30">
                        <TTITLE>Table 1—Tugboat Specifications</TTITLE>
                        <BOXHD>
                            <CHED H="1">Vessel</CHED>
                            <CHED H="1">Activity</CHED>
                            <CHED H="1">Length</CHED>
                            <CHED H="1">Width</CHED>
                            <CHED H="1">Gross tonnage</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">M/V Bering Wind</ENT>
                            <ENT>Towing and positioning the jack-up rig</ENT>
                            <ENT>22 m (72 ft)</ENT>
                            <ENT>10 m (33 ft)</ENT>
                            <ENT>144.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">M/V Anna T</ENT>
                            <ENT>Towing and positioning the jack-up rig</ENT>
                            <ENT>32 m (105 ft)</ENT>
                            <ENT>11 m (36 ft)</ENT>
                            <ENT>160.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="51105"/>
                            <ENT I="01">M/V Bob Franco</ENT>
                            <ENT>Towing and positioning the jack-up rig</ENT>
                            <ENT>37 meters (121 ft)</ENT>
                            <ENT>11 meters (36 ft)</ENT>
                            <ENT>196.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">M/V TBD</ENT>
                            <ENT>Positioning the jack-up rig</ENT>
                            <ENT>Unknown</ENT>
                            <ENT>Unknown</ENT>
                            <ENT>Unknown.</ENT>
                        </ROW>
                        <TNOTE>
                            <E T="02">Note:</E>
                             m= meters, ft= feet.
                        </TNOTE>
                    </GPOTABLE>
                    <P>
                        Several factors will determine the duration that the tugboats are towing the Enterprise 151, including the origin and destination of the towing route (
                        <E T="03">e.g.,</E>
                         Rig Tenders Dock, the JRP, one of Hilcorp's platforms) and the tidal conditions. For safety reasons, a high slack tide is required to access the shallow water near the dock at Rig Tenders Dock, whether beginning a tow or returning the Enterprise 151. In all other locations, a slack tide at either high or low tide is required to attach the tugs to the rig and float it off position or to position the rig and detach from it. Potential tug power output for these scenarios is discussed in further detail in the Estimated Take of Marine Mammals section.
                    </P>
                    <P>The specific towing origin and destination of the Enterprise 151 depends on whether Hilcorp contracts to use the Enterprise 151 before or after Furie in the same season. For example, Furie may assume operatorship of the Enterprise 151 at the beginning of the season from the Rig tenders dock, or it may assume operatorship mid-season at one of Hilcorp's platforms or drilling locations (rather than at the Rig Tenders Dock), and tow the rig to the JRP. However, Hilcorp may assume operatorship and begin towing the rig from the JRP to one of their platforms or drilling locations. As a result, Furie may tow the rig once or twice within the season, beginning at several potential locations. However, if Furie operates the Enterprise 151 last, or is the only operator, the second tow of the season would return the Enterprise 151 to the Rig Tenders Dock. Table 2 displays the potential scenarios.</P>
                    <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s75,r75,r75">
                        <TTITLE>Table 2—Potential Rig Tow Origins and Destinations</TTITLE>
                        <BOXHD>
                            <CHED H="1">Scenario</CHED>
                            <CHED H="1">Tow #1</CHED>
                            <CHED H="1">Tow #2</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Furie is Sole Operator</ENT>
                            <ENT>Furie tows from the Rig Tenders Dock to the JRP</ENT>
                            <ENT>Furie tows from the JRP to the Rig Tenders Dock.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Furie Early Season, Hilcorp Late Season</ENT>
                            <ENT>Furie tows from the Rig Tenders Dock to the JRP</ENT>
                            <ENT>Hilcorp tows from the JRP to a Hilcorp-operated platform or drill site.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">
                                Hilcorp Early Season, Furie Late Season 
                                <SU>1</SU>
                            </ENT>
                            <ENT>Furie tows from a Hilcorp-operated platform or drill site to the JRP</ENT>
                            <ENT>Furie tows from the JRP to the Rig Tenders Dock.</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                             One potential variation to this scenario may result if Hilcorp operates the Enterprise 151 early season and conducts work at the Tyonek platform or elsewhere within the North Cook Inlet Unit. The Tyonek platform is within the Susitna Delta Exclusion Zone identified in Hilcorp's IHAs (87 FR 62364, October 14, 2022). If Hilcorp does conduct work at the Tyonek platform, it would maintain operatorship and control of the Enterprise 151 until the tow is underway with lines taut and the Enterprise 151 is under tug power. As a result, Hilcorp would maintain responsibility for any applicable mitigation measures in their existing IHA that must be met before a tow may be initiated. Once the tow is underway, Furie representatives will take over operatorship of the Enterprise 151.
                        </TNOTE>
                    </GPOTABLE>
                    <P>A tow starting at the Rig Tenders Dock would begin at high slack tide, pause near the Offshore Systems Kenai (OSK) Dock to wait for currents to slow (up to three hours), then arrive at the JRP at the next high slack tide (approximately 12 hours after departure). Once the tugs arrive at the JRP, there is a 1- to 2-hour window when the slack tide current velocity is slow (1 to 2 knots), allowing the tugs to position the Enterprise 151 rig and pin the legs to the bottom. Upon return, the tugs would be secured to the Enterprise 151 at the JRP on a high slack tide, float off location, and transit south with the outgoing tide south towards Nikiski, Alaska. The tow will likely pause near OSK to wait for the tide cycle to return to a high flood before moving near the Rig Tenders Dock to bring it close to shore on high slack. Therefore, the tugs will be under load, typically at half-power or less, for up to 14 hours during mobilization to the JRP from Rig Tenders or demobilization in reverse order.</P>
                    <P>If the rig tow begins at a Hilcorp platform or drill site (excluding the northern locations), then the Enterprise 151 may be lowered, secured to the tugs, and floated off location during low slack to take advantage of the flood tide to tow the rig north or east to the JRP. In this scenario, the total tow duration is expected to be approximately 8 hours, allowing for the 6 hours between the low slack and high slack and an additional 1 to 2 hours to position the rig.</P>
                    <P>The tugs may abort the first positioning attempt until favorable conditions return if it takes longer than anticipated and the current velocity exceeds 3 to 4 knots. If so, the tugs will move the rig nearby, where the legs can be temporarily lowered to the seafloor to secure it. The tugs will remain close by, jogging in the current until the positioning attempt can be resumed. The tugs usually complete the positioning on the first attempt, but they may be under power for approximately five additional hours if a second attempt is needed.</P>
                    <P>The tugs will generally attempt to transport the rig by traveling with the tide, except when circumstances threaten human safety, property, or infrastructure. The rig may need to be towed against the tide to a safe harbor if a slack tide window is missed or extreme weather events occur.</P>
                    <P>
                        Conductor Pipe Installation—Active wells occupy four of the six well slots within the caisson (monopod leg) of the JRP. During Year 1, Furie intends to drill up to two natural gas wells, either “grassroots” or “sidetrack” wells. A grassroots well requires drilling a new wellbore from the surface to the gas-bearing formations, and requires all new components from the surface to the bottom depth, including a conductor pipe, surface and subsurface casing, cement, production liner, tubulars, chokes, sleeves, and a wellhead. A sidetrack well is a new branch drilled from within an existing well. A sidetrack well requires fewer new 
                        <PRTPAGE P="51106"/>
                        components because many existing components, such as the conductor pipe, surface casing, and wellhead, are re-used.
                    </P>
                    <P>The conductor pipe is the uppermost portion of a gas well and supports the initial sedimentary part of the well, preventing the surface layers from collapsing and obstructing the wellbore. The pipe also facilitates the return of cuttings from the drill head and supports the wellhead components.</P>
                    <P>Furie expects to install a 20-inch conductor pipe in each of the two empty well slots in Year 1 but expects to complete only one grassroots well and one sidetrack well in Year 1. Furie would install the conductor pipe with an impact hammer Delmag D62 impact hammer (see Furie's IHA application for additional hammer details). As the pipe is driven into the sediment, the sections are connected either by welding or drivable quick connections. Once installed, the conductor pipes remain a permanent component of the natural gas wells. Installation of each conductor pile is anticipated to take approximately 2 days, with 70 percent of the installation occurring on day 1, and the remaining 30 percent of the installation occurring on day 2. Furie will conduct the pile driving during daylight hours only.</P>
                    <P>Drilling Operations—Furie proposes to conduct production drilling activities after the conductor pipe installation is complete and the Enterprise 151 is positioned at the JRP. Furie expects to drill up to two wells each year, which could be any combination of new grassroots wells or sidetrack wells, to maintain or increase natural gas production levels to meet critical local energy needs.</P>
                    <P>After the Enterprise 151 is positioned next to the JRP, the rig will jack up so that the hull is initially approximately 5 to 10 ft out of the water. To set the spud cans on the bottoms of the legs securely into the seafloor and ensure stability, the Enterprise 151 has specialized “preload” tanks within the hull that are filled with seawater and designed to add weight to the hull. The preload is conducted while the hull is only slightly out of the water to maintain a lower center of gravity until full settling and stability are achieved. After preloading, the seawater is discharged, and the hull is raised so that the drilling derrick can be cantilevered over the top deck of the JRP and positioned over a well slot.</P>
                    <P>Offshore support vessels (OSVs) support all operating offshore platforms in Cook Inlet throughout the open water season and will be used during Furie's planned drilling operations to transport equipment and supplies between the OSK Dock and the Enterprise 151. During production drilling, an average of two daily vessel trips are expected between the OSK Dock and the rig. No take of marine mammals is anticipated from the operation of OSVs, and OSVs are not discussed further in this application beyond the explanation provided here. Because vessels will be in transit, exposure to vessel noise will be temporary, relatively brief and will occur in a predictable manner, and also the sounds are of relatively lower levels. Elevated background noise from multiple vessels and other sources can interfere with the detection or interpretation of acoustic cues, but the brief exposures to OSVs would be unlikely to disrupt behavioral patterns in a manner that would qualify as take.</P>
                    <P>
                        Helicopters will transport personnel and supplies from shore to the rig and platform during production drilling activities. Helicopters would be required to follow the mitigation measures described in the Proposed Mitigation section of this notice (
                        <E T="03">e.g.,</E>
                         helicopters must maintain an altitude of 1,500 ft (457 m)), and therefore, take from helicopter activity is not anticipated, and helicopter activity is not discussed further aside from the mitigation discussion in the Proposed Mitigation section.
                    </P>
                    <P>Other potential sources of sound from the Enterprise 151 include the operation of the diesel generators, mud and cement pumps, and ventilation fans. In 2016, while the Randolph Yost jack-up rig was drilling at the JRP, Denes and Austin (2016) characterized drilling and mud pumping sound as 158 decibels (dB) root mean square (rms) at 1 m and 148.8 dB rms at 1 m, respectively. In 2011, while the Enterprise 151 was conducting exploration drilling in Furie's Kitchen Lights Unit lease area, Marine Acoustics Inc. (2011) performed a sound source verification (SSV) near the JRP in water depths ranging from 24.4 to 27.4 m (80 to 90 ft). The SSV measured sound from the diesel generator engines at 137 dB re 1 μPa rms at 1 meter within the frequency bandwidth of 141 to 178 hertz (Hz). The SSV also identified the PZ-10 mud pump and ventilation fans as minor sources of underwater sound. Based on the 137 dB re 1 microPascal (μPa) rms measured at 1 m, the Level B harassment isopleth was estimated to be 50 m from the jack-up leg or drill riser. As such, drilling, mud pumping, and generator noise are not anticipated to result in take of marine mammals, and these activities are not discussed further.</P>
                    <HD SOURCE="HD3">Year 2</HD>
                    <P>In Year 2, Furie would use the same tugboat arrangement to tow the Enterprise 151 to and from the JRP and position it, as described above for Year 1. Furie proposes to drill up to two wells in Year 2 that could be either new grassroots wells, sidetracks, or a combination of each. Furie intends to conduct additional production drilling in Year 2 at the JRP with the Enterprise 151 rig (or a similar rig). Furie expects to install both conductor pipes at the JRP in Year 1, but one or both may be installed in Year 2 instead (though no more than two will be installed over the course of both seasons because only two well slots remain to accept new conductors).</P>
                    <P>Proposed mitigation, monitoring, and reporting measures are described in detail later in this document (please see Proposed Mitigation and Proposed Monitoring and Reporting).</P>
                    <HD SOURCE="HD1">Description of Marine Mammals in the Area of Specified Activities</HD>
                    <P>
                        Sections 3 and 4 of the application summarize available information regarding status and trends, distribution and habitat preferences, and behavior and life history of the potentially affected species. NMFS fully considered all of this information, and we refer the reader to these descriptions, instead of reprinting the information. Additional information regarding population trends and threats may be found in NMFS' Stock Assessment Reports (SARs; 
                        <E T="03">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</E>
                        ) and more general information about these species (
                        <E T="03">e.g.,</E>
                         physical and behavioral descriptions) may be found on NMFS' website (
                        <E T="03">https://www.fisheries.noaa.gov/find-species).</E>
                    </P>
                    <P>
                        Table 3 lists all species or stocks for which take is expected and proposed to be authorized for this activity and summarizes information related to the population or stock, including regulatory status under the MMPA and Endangered Species Act (ESA) and potential biological removal (PBR), where known. PBR is defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population (as described in NMFS' SARs). While no serious injury or mortality is anticipated or proposed to be authorized here, PBR and annual serious injury and mortality from anthropogenic sources are included here as gross indicators of the 
                        <PRTPAGE P="51107"/>
                        status of the species or stocks and other threats.
                    </P>
                    <P>
                        Marine mammal abundance estimates presented in this document represent the total number of individuals that make up a given stock or the total number estimated within a particular study or survey area. NMFS' stock abundance estimates for most species represent the total estimate of individuals within the geographic area, if known, that comprises that stock. For some species, this geographic area may extend beyond U.S. waters. All managed stocks in this region are assessed in NMFS' U.S. 2022 SARs. All values presented in table 3 are the most recent available at the time of publication (including from the draft 2023 SARs) and are available online at: 
                        <E T="03">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments.</E>
                    </P>
                    <GPOTABLE COLS="7" OPTS="L2,p7,7/8,i1" CDEF="s50,r50,r75,r25,r50,12,12">
                        <TTITLE>
                            Table 3—Species 
                            <SU>1</SU>
                             Likely Impacted by the Specified Activities
                        </TTITLE>
                        <BOXHD>
                            <CHED H="1">Common name</CHED>
                            <CHED H="1">Scientific name</CHED>
                            <CHED H="1">Stock</CHED>
                            <CHED H="1">
                                ESA/MMPA status;
                                <LI>strategic</LI>
                                <LI>
                                    (Y/N) 
                                    <SU>2</SU>
                                </LI>
                            </CHED>
                            <CHED H="1">
                                Stock abundance
                                <LI>
                                    (CV, N
                                    <E T="0732">min</E>
                                    , most recent abundance survey) 
                                    <SU>3</SU>
                                </LI>
                            </CHED>
                            <CHED H="1">PBR</CHED>
                            <CHED H="1">
                                Annual M/SI 
                                <SU>4</SU>
                            </CHED>
                        </BOXHD>
                        <ROW EXPSTB="06" RUL="s">
                            <ENT I="21">
                                <E T="02">Order Artiodactyla—Cetacea—Mysticeti (baleen whales)</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="22">
                                <E T="03">Family Eschrichtiidae:</E>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03">Gray Whale</ENT>
                            <ENT>
                                <E T="03">Eschrichtius robustus</E>
                            </ENT>
                            <ENT>Eastern N Pacific</ENT>
                            <ENT>-, -, N</ENT>
                            <ENT>26,960 (0.05, 25,849, 2016)</ENT>
                            <ENT>801</ENT>
                            <ENT>131</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">
                                <E T="03">Family Balaenidae:</E>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="21">
                                <E T="03">Family Balaenopteridae (rorquals):</E>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03">Fin Whale</ENT>
                            <ENT>
                                <E T="03">Balaenoptera physalus</E>
                            </ENT>
                            <ENT>Northeast Pacific</ENT>
                            <ENT>E, D, Y</ENT>
                            <ENT>
                                UND 
                                <SU>5</SU>
                                 (UND, UND, 2013)
                            </ENT>
                            <ENT>UND</ENT>
                            <ENT>0.6</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03">Humpback Whale</ENT>
                            <ENT>
                                <E T="03">Megaptera novaeangliae</E>
                            </ENT>
                            <ENT>Hawai'i</ENT>
                            <ENT>-, -, N</ENT>
                            <ENT>11,278 (0.56, 7,265, 2020)</ENT>
                            <ENT>127</ENT>
                            <ENT>27.09</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03">Humpback Whale</ENT>
                            <ENT>
                                <E T="03">Megaptera novaeangliae</E>
                            </ENT>
                            <ENT>Mexico-North Pacific</ENT>
                            <ENT>T, D, Y</ENT>
                            <ENT>
                                N/A 
                                <SU>6</SU>
                                 (N/A, N/A, 2006)
                            </ENT>
                            <ENT>UND</ENT>
                            <ENT>0.57</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03">Humpback Whale</ENT>
                            <ENT>
                                <E T="03">Megaptera novaeangliae</E>
                            </ENT>
                            <ENT>Western North Pacific</ENT>
                            <ENT>E, D, Y</ENT>
                            <ENT>
                                1,084 
                                <SU>7</SU>
                                 (0.088, 1,007, 2006)
                            </ENT>
                            <ENT>3.4</ENT>
                            <ENT>5.82</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="03">Minke Whale</ENT>
                            <ENT>
                                <E T="03">Balaenoptera acutorostrata</E>
                            </ENT>
                            <ENT>AK</ENT>
                            <ENT>-, -, N</ENT>
                            <ENT>
                                N/A
                                <SU>8</SU>
                                 (N/A, N/A, N/A)
                            </ENT>
                            <ENT>UND</ENT>
                            <ENT>0</ENT>
                        </ROW>
                        <ROW EXPSTB="06" RUL="s">
                            <ENT I="21">
                                <E T="02">Odontoceti (toothed whales, dolphins, and porpoises)</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="22">
                                <E T="03">Family Delphinidae:</E>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03">Killer Whale</ENT>
                            <ENT>
                                <E T="03">Orcinus orca</E>
                            </ENT>
                            <ENT>Eastern North Pacific Alaska Resident</ENT>
                            <ENT>-, -, N</ENT>
                            <ENT>1,920 (N/A, 1,920, 2019)</ENT>
                            <ENT>19</ENT>
                            <ENT>1.3</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Killer Whale</ENT>
                            <ENT>
                                <E T="03">Orcinus orca</E>
                            </ENT>
                            <ENT>Eastern North Pacific Gulf of Alaska, Aleutian Islands and Bering Sea Transient</ENT>
                            <ENT>-, -, N</ENT>
                            <ENT>587 (N/A, 587, 2012)</ENT>
                            <ENT>5.9</ENT>
                            <ENT>0.8</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pacific White-Sided Dolphin</ENT>
                            <ENT>
                                <E T="03">Lagenorhynchus obliquidens</E>
                            </ENT>
                            <ENT>N Pacific</ENT>
                            <ENT>-, -, N</ENT>
                            <ENT>26,880 (N/A, N/A, 1990)</ENT>
                            <ENT>UND</ENT>
                            <ENT>0</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">
                                <E T="03">Family Monodontidae (white whales):</E>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03">Beluga Whale</ENT>
                            <ENT>
                                <E T="03">Delphinapterus leucas</E>
                            </ENT>
                            <ENT>Cook Inlet</ENT>
                            <ENT>E, D, Y</ENT>
                            <ENT>
                                279 
                                <SU>9</SU>
                                 (0.061, 267, 2018)
                            </ENT>
                            <ENT>0.53</ENT>
                            <ENT>0</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">
                                <E T="03">Family Phocoenidae (porpoises):</E>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03">Dall's Porpoise</ENT>
                            <ENT>
                                <E T="03">Phocoenoides dalli</E>
                            </ENT>
                            <ENT>AK</ENT>
                            <ENT>-, -, N</ENT>
                            <ENT>
                                UND 
                                <SU>10</SU>
                                 (UND, UND, 2015)
                            </ENT>
                            <ENT>UND</ENT>
                            <ENT>37</ENT>
                        </ROW>
                        <ROW RUL="s">
                            <ENT I="03">Harbor Porpoise</ENT>
                            <ENT>
                                <E T="03">Phocoena phocoena</E>
                            </ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>-, -, Y</ENT>
                            <ENT>31,046 (0.21, N/A, 1998)</ENT>
                            <ENT>UND</ENT>
                            <ENT>72</ENT>
                        </ROW>
                        <ROW EXPSTB="06" RUL="s">
                            <ENT I="21">
                                <E T="02">Order Carnivora—Pinnipedia</E>
                            </ENT>
                        </ROW>
                        <ROW EXPSTB="00">
                            <ENT I="22">
                                <E T="03">Family Otariidae (eared seals and sea lions):</E>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03">CA Sea Lion</ENT>
                            <ENT>
                                <E T="03">Zalophus californianus</E>
                            </ENT>
                            <ENT>U.S.</ENT>
                            <ENT>-, -, N</ENT>
                            <ENT>257,606 (N/A, 233,515, 2014)</ENT>
                            <ENT>14,011</ENT>
                            <ENT>&gt;321</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03">Steller Sea Lion</ENT>
                            <ENT>
                                <E T="03">Eumetopias jubatus</E>
                            </ENT>
                            <ENT>Western</ENT>
                            <ENT>E, D, Y</ENT>
                            <ENT>
                                49,837 
                                <SU>11</SU>
                                 (N/A, 49,837, 2022)
                            </ENT>
                            <ENT>299</ENT>
                            <ENT>267</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22">
                                <E T="03">Family Phocidae (earless seals):</E>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03">Harbor Seal</ENT>
                            <ENT>
                                <E T="03">Phoca vitulina</E>
                            </ENT>
                            <ENT>Cook Inlet/Shelikof Strait</ENT>
                            <ENT>-, -, N</ENT>
                            <ENT>28,411 (N/A, 26,907, 2018)</ENT>
                            <ENT>807</ENT>
                            <ENT>107</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                             Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy's Committee on Taxonomy (
                            <E T="03">https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/;</E>
                             Committee on Taxonomy (2022)).
                        </TNOTE>
                        <TNOTE>
                            <SU>2</SU>
                             ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
                        </TNOTE>
                        <TNOTE>
                            <SU>3</SU>
                             NMFS marine mammal SARs online at: 
                            <E T="03">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region.</E>
                             CV is coefficient of variation; N
                            <E T="0732">min</E>
                             is the minimum estimate of stock abundance.
                        </TNOTE>
                        <TNOTE>
                            <SU>4</SU>
                             These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (
                            <E T="03">e.g.,</E>
                             commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.
                        </TNOTE>
                        <TNOTE>
                            <SU>5</SU>
                             The best available abundance estimate for this stock is not considered representative of the entire stock as surveys were limited to a small portion of the stock's range. Based upon this estimate and the Nmin, the PBR value is likely negatively biased for the entire stock.
                        </TNOTE>
                        <TNOTE>
                            <SU>6</SU>
                             Abundance estimates are based upon data collected more than 8 years ago and, therefore, current estimates are considered unknown.
                        </TNOTE>
                        <TNOTE>
                            <SU>7</SU>
                             The best estimates of abundance for the stock (1,084) and the portion of the stock migrating to summering areas in U.S. waters (127) were derived from a reanalysis of the 2004-2006 SPLASH data (Wade 2021). Although these data are more than fifteen years old, the estimates are still considered valid minimum population estimates.
                        </TNOTE>
                        <TNOTE>
                            <SU>8</SU>
                             Reliable population estimates are not available for this stock. Please see Friday 
                            <E T="03">et al.</E>
                             (2013) and Zerbini 
                            <E T="03">et al.</E>
                             (2006) for additional information on numbers of minke whales in Alaska.
                            <PRTPAGE P="51108"/>
                        </TNOTE>
                        <TNOTE>
                            <SU>9</SU>
                             On June 15, 2023, NMFS released an updated abundance estimate for endangered Cook Inlet beluga whales in Alaska (Goetz 
                            <E T="03">et al.</E>
                             2023). Data collected during NOAA Fisheries' 2022 aerial survey suggest that the whale population is stable or may be increasing slightly. Scientists estimated that the population size is between 290 and 386, with a median best estimate of 331. In accordance with the MMPA, this population estimate will be incorporated into the Cook Inlet beluga whale SAR, which will be reviewed by an independent panel of experts, the Alaska Scientific Review Group. After this review, the SAR will be made available as a draft for public review before being finalized.
                        </TNOTE>
                        <TNOTE>
                            <SU>10</SU>
                             The best available abundance estimate is likely an underestimate for the entire stock because it is based upon a survey that covered only a small portion of the stock's range.
                        </TNOTE>
                        <TNOTE>
                            <SU>11</SU>
                             Nest is best estimate of counts, which have not been corrected for animals at sea during abundance surveys.
                        </TNOTE>
                    </GPOTABLE>
                    <P>As indicated above, all 12 species (with 14 number managed stocks) in table 3 temporally and spatially co-occur with the activity to the degree that take is reasonably likely to occur. In addition, the northern sea otter may be found in Cook Inlet, Alaska. However, northern sea otters are managed by the U.S. Fish and Wildlife Service and are not considered further in this document.</P>
                    <HD SOURCE="HD2">Gray Whale</HD>
                    <P>
                        The stock structure for gray whales in the Pacific has been studied for a number of years and remains uncertain as of the most recent (2022) Pacific SARs (Carretta 
                        <E T="03">et al.</E>
                         2023). Gray whale population structure is not determined by simple geography and may be in flux due to evolving migratory dynamics (Carretta 
                        <E T="03">et al.</E>
                         2023). Currently, the SARs delineate a western North Pacific (WNP) gray whale stock and an eastern North Pacific (ENP) stock based on genetic differentiation (Carretta 
                        <E T="03">et al.</E>
                         2023). WNP gray whales are not known to feed in or travel to upper Cook Inlet (Conant and Lohe, 2023; Weller 
                        <E T="03">et al.</E>
                         2023). Therefore, we assume that gray whales near the project area are members of the ENP stock.
                    </P>
                    <P>
                        An Unusual Mortality Event (UME) for gray whales along the West Coast and in Alaska occurred from December 17, 2018 through November 9, 2023. During that time, 146 gray whales stranded off the coast of Alaska. The investigative team concluded that the preliminary cause of the UME was localized ecosystem changes in the whale's Subarctic and Arctic feeding areas that led to changes in food, malnutrition, decreased birth rates, and increased mortality (see 
                        <E T="03">https://www.fisheries.noaa.gov/national/marine-life-distress/2019-2023-gray-whale-unusual-mortality-event-along-west-coast-and</E>
                         for more information).
                    </P>
                    <P>
                        Gray whales occur infrequently in Cook Inlet, but can occur seasonally during spring and fall in the lower inlet (Bureau of Ocean Energy Management (BOEM) 2021). Migrating gray whales pass through the lower inlet during their spring and fall migrations to and from their primary summer feeding areas in the Bering, Chukchi, and Beaufort seas (Swartz 2018; Silber 
                        <E T="03">et al.</E>
                         2021; BOEM 2021).
                    </P>
                    <P>
                        Some gray whales remain in certain coastal areas in the Pacific Northwest, including lower Cook Inlet, instead of migrating to the Arctic in summer (Moore 
                        <E T="03">et al.</E>
                         2007). Several surveys and monitoring programs have sighted gray whales in lower Cook Inlet (Shelden 
                        <E T="03">et al.</E>
                         2013; Owl Ridge 2014; Lomac-MacNair 
                        <E T="03">et al.</E>
                         2013, 2014; Kendall 
                        <E T="03">et al.</E>
                         2015, as cited in Weston and SLR 2022). Gray whales are occasionally seen in mid- and upper Cook Inlet, Alaska, but they are not common. In 2020, a young male gray whale was stranded in the Twentymile River near Girdwood for over a week before swimming back into Turnagain Arm. The whale did not survive and was found dead in west Cook Inlet later that month (NOAA Fisheries 2020). One gray whale was sighted in Knik Arm near the POA in upper Cook Inlet in May of 2020 during observations conducted during construction of the Petroleum and Cement Terminal project (61N 2021). The sighting occurred less than a week before the reports of the gray whale stranding in the Twentymile River and was likely the same animal. In 2021, one small gray whale was sighted in Knik Arm near Ship Creek, south of the POA (61N 2022a). Although some sightings have been documented in the middle and upper Inlet, the gray whale range typically only extends into the lower Cook Inlet region.
                    </P>
                    <HD SOURCE="HD3">Humpback Whale</HD>
                    <P>
                        Humpback whales have been observed during marine mammal surveys conducted in Cook Inlet, with the majority sighted in lower Cook Inlet south of Kalgin Island. Eighty-three groups containing an estimated 187 humpbacks were sighted during the Cook Inlet beluga whale aerial surveys conducted by NMFS from 1994 to 2012 (Shelden 
                        <E T="03">et al.</E>
                         2013). Surveys conducted north of the forelands have documented small numbers in middle Cook Inlet. Vessel-based observers participating in the Apache Corporation's 2014 survey operations recorded three humpback whale sightings near Moose Point in upper Cook Inlet and two sightings near Anchor Point, while aerial and land-based observers recorded no humpback whale sightings, including in the upper Inlet (Lomac-MacNair 
                        <E T="03">et al.</E>
                         2014). In 2015, during the construction of Furie's platform and pipeline, four groups of humpback whales were documented. Another group of 6 to 10 unidentified whales, thought to be either humpback or gray whales, was sighted approximately 15 km northeast of the JRP. Large cetaceans were visible near the project (
                        <E T="03">i.e.,</E>
                         whales or blows were visible), for 2 hours out of the 1,275 hours of observation conducted (Jacobs 2015). During SAExploration's 2015 seismic program, three humpback whales were observed in Cook Inlet, including two near the Forelands and one in lower Cook Inlet (Kendall 
                        <E T="03">et al.</E>
                         2015 as cited in Weston and SLR 2022). Hilcorp did not record any sightings of humpback whales from their aerial or rig-based monitoring efforts in 2023 (Horsley and Larson 2023).
                    </P>
                    <P>The most comprehensive photo-identification data available suggest that approximately 89 percent of all humpback whales in the Gulf of Alaska are from the Hawaii stock, 11 percent are from the Mexico stock, and less than 1 percent are from the WNP stock (Wade, 2021). Individuals from different stocks are known to intermix in feeding grounds. There is no designated critical habitat for humpback whales in or near the Project area (86 FR 21082, April 21, 2021), nor does the project overlap with any known biologically important areas (BIAs).</P>
                    <HD SOURCE="HD2">Minke Whale</HD>
                    <P>
                        Minke whales are most abundant in the Gulf of Alaska during summer and occupy localized feeding areas (Zerbini 
                        <E T="03">et al.</E>
                         2006). During the NMFS annual and semiannual surveys of Cook Inlet, minke whales were observed near Anchor Point in 1998, 1999, 2006, and 2021 (Shelden 
                        <E T="03">et al.</E>
                         2013, 2015, 2017, 2022; Shelden and Wade 2019) and near Ninilchik and the middle of lower Cook Inlet in 2021 (Shelden 
                        <E T="03">et al.</E>
                         2022). Minkes were sighted southeast of Kalgin Island and near Homer during Apache's 2014 survey (Lomac-MacNair 
                        <E T="03">et al.</E>
                         2014), and one was observed near Tuxedni Bay in 2015 (Kendall 
                        <E T="03">et al.</E>
                         2015, as cited in Weston and SLR 2022). During Hilcorp's seismic survey in lower Cook Inlet in the fall of 2019, eight minke whales were observed (Fairweather Science 2020). In 2018, no minke whales were observed during observations conducted for the Cross Inlet Pipeline (CIPL) project near Tyonek (Sitkiewicz 
                        <E T="03">et al.</E>
                         2018). Minke whales were also not recorded during 
                        <PRTPAGE P="51109"/>
                        Hilcorp's aerial or rig-based monitoring efforts in 2023 (Horsley and Larson 2023).
                    </P>
                    <HD SOURCE="HD2">Fin Whale</HD>
                    <P>
                        Fin whales are usually observed as individuals traveling alone, although they are sometimes observed in small groups. Rarely, large groups of 50 to 300 fin whales can travel together during migrations (NMFS 2010a). Fin whales in Cook Inlet have only been observed as individuals or in small groups. Sightings of fin whales in Cook Inlet are rare; most occur near the entrance. From 2000 to 2022, 10 sightings of 26 estimated individual fin whales in lower Cook Inlet were observed during NMFS aerial surveys (Shelden 
                        <E T="03">et al.</E>
                         2013, 2015, 2017, 2022; Shelden and Wade 2019). None were observed in the area of Furie's proposed drilling project. In the fall of 2019, during Hilcorp's seismic survey in lower Cook Inlet, eight sightings of 23 fin whales were documented, suggesting greater numbers may use the area in the fall than previously estimated (Fairweather Science 2020). Hilcorp did not record any sightings of fin whales from their aerial or rig-based monitoring efforts in 2023 (Horsley and Larson 2023)
                    </P>
                    <HD SOURCE="HD2">Beluga Whale</HD>
                    <P>
                        NMFS designated Cook Inlet beluga whales as depleted under the MMPA in 2000 and listed the population as endangered under the ESA in 2008 (73 FR 62919, October 10, 2008) when it failed to recover following a moratorium on subsistence harvest (65 FR 34590, May 31, 2000). In April 2011, NMFS designated critical habitat for the beluga under the ESA (76 FR 20180, April 11, 2011). NMFS finalized the Conservation Plan for the Cook Inlet beluga in 2008 (NMFS 2008a) and the Recovery Plan for Cook Inlet beluga whales in 2016 (NMFS 2016a). Between 2008 and 2018, Cook Inlet belugas experienced a decline of about 2.3 percent per year (Wade 
                        <E T="03">et al.</E>
                         2019). The decline overlaps with the northeast Pacific marine heatwave that occurred from 2014 to 2016 in the Gulf of Alaska, significantly impacting the marine ecosystem (Suryan 
                        <E T="03">et al.</E>
                         2020, as cited in Goetz 
                        <E T="03">et al.</E>
                         2023). The most recent abundance estimate calculated an average annual increase between 0.2 and 0.9 percent between 2012 and 2022 (Goetz 
                        <E T="03">et al.</E>
                         2023).
                    </P>
                    <P>
                        Threats that have the potential to impact this stock and its habitat include the following: Changes in prey availability due to natural environmental variability, ocean acidification, and commercial fisheries; climatic changes affecting habitat; predation by killer whales; contaminants; noise; ship strikes; waste management; urban runoff; construction projects; and physical habitat modifications that may occur as Cook Inlet becomes increasingly urbanized (Moore 
                        <E T="03">et al.</E>
                         2000, Lowry 
                        <E T="03">et al.</E>
                         2006, Hobbs 
                        <E T="03">et al.</E>
                         2015, NMFS 2016). Another source of Cook Inlet beluga whale mortality in Cook Inlet is predation by transient-type (mammal-eating) killer whales (NMFS 2016b; Shelden 
                        <E T="03">et al.</E>
                         2003). No human-caused mortality or serious injury of Cook Inlet beluga whales through interactions with commercial, recreational, and subsistence fisheries, takes by subsistence hunters, and or human-caused events (
                        <E T="03">e.g.,</E>
                         entanglement in marine debris, ship strikes) has been recently documented and harvesting of Cook Inlet beluga whales has not occurred since 2008 (NMFS 2008b).
                    </P>
                    <P>Generally, female beluga whales reach sexual maturity at 9 to 12 years old, while males reach maturity later (O'Corry-Crowe 2009); however, this can vary between populations. For example, in Greenland, males in a population of beluga whales were found to reach sexual maturity at 6 to 7 years of age and females at 4 to 7 years. (Heide-Joregensen and Teilmann 1994). Suydam (2009) estimated that 50 percent of females were sexually mature at age 8.25 and the average age at first birth was 8.27 years for belugas sampled near Point Lay. Mating behavior in beluga whales typically occurs between February and June, peaking in March (Burns and Seaman 1986; Suydam 2009). In the Chukchi Sea, the gestation period of beluga whales was determined to be 14.9 months, with a calving interval of 2 to 3 years and a pregnancy rate of 0.41, declining after 25 years of age (Suydam 2009). Calves are born between mid-June and mid-July and typically remain with the mother for up to 2 years of age (Suydam 2009).</P>
                    <P>
                        Several studies (Johnson 
                        <E T="03">et al.</E>
                         1989; Klishin 
                        <E T="03">et al.</E>
                         2000; Finneran 
                        <E T="03">et al.</E>
                         2002; Erbe 2008; White 
                        <E T="03">et al.</E>
                         1978; Awbrey 
                        <E T="03">et al.</E>
                         1988; Ridgway 
                        <E T="03">et al.</E>
                         2001; Finneran 
                        <E T="03">et al.</E>
                         2005; Castellote 
                        <E T="03">et al.</E>
                         2019) describe beluga whale hearing capabilities. One study on beluga whales captured and released in Bristol Bay, Alaska measured hearing ranges at 4 to 150 (kilohertz) kHz with greatest variation between individuals at the high end of the auditory range in combination with frequencies near the maximum sensitivity (Castellote 
                        <E T="03">et al.</E>
                         2014). All animals tested heard well up to 128 kHz, with two individuals hearing up to 150 kHz (Castellote 
                        <E T="03">et al.</E>
                         2014). Beluga whales are included in the NMFS-identified mid-frequency functional hearing group.
                    </P>
                    <P>
                        The Cook Inlet beluga stock remains within Cook Inlet throughout the year (Goetz 
                        <E T="03">et al.</E>
                         2012a). The ecological range of Cook Inlet belugas has contracted significantly since the 1970s. From late spring to fall, nearly the entire population is now found in the upper inlet north of the forelands, with a range reduced to approximately 39 percent of the size documented in the late 1970s (Goetz 
                        <E T="03">et al.</E>
                         2023). The recent annual and semiannual aerial surveys (since 2008) found that approximately 83 percent of the population inhabits the area between the Beluga River and Little Susitna River during the survey period, typically conducted in early June. Some aerial survey counts were performed in August, September, and October, finding minor differences in the numbers of belugas in the upper inlet compared to June, reinforcing the importance of the upper inlet habitat area (Young 
                        <E T="03">et al.</E>
                         2023).
                    </P>
                    <P>
                        Two areas, consisting of 7,809 square kilometers (km
                        <SU>2</SU>
                        ) of marine and estuarine environments considered essential for the species' survival and recovery, were designated critical habitat. Area 1 of the Cook Inlet beluga whale critical habitat encompasses all marine waters of Cook Inlet north of a line connecting Point Possession (61.04° N, 150.37° W) and the mouth of Threemile Creek (61.08.55° N, 151.04.40° W), including waters of the Susitna, Little Susitna, and Chickaloon Rivers below the mean higher high water line (MHHW). This area provides important habitat during ice-free months and is used intensively by Cook Inlet beluga between April and November for feeding and other biological functions (NMFS 2016a). Critical Habitat Area 2 encompasses some of the fall and winter feeding grounds in middle Cook Inlet.
                    </P>
                    <P>
                        Since 1993, NMFS has conducted annual aerial surveys in June, July, or August to document the distribution and abundance of beluga whales in Cook Inlet. The collective survey results show that beluga whales have been consistently found near or in river mouths along the northern shores of middle and upper Cook Inlet. In particular, beluga whale groups are seen in the Susitna River Delta, Knik Arm, and along the shores of Chickaloon Bay. Small groups had also been recorded farther south in Kachemak Bay, Redoubt Bay (Big River), and Trading Bay (McArthur River) prior to 1996, but very rarely thereafter. Since the mid-1990s, most beluga whales have been concentrated in shallow areas near river mouths north and east of Beluga River 
                        <PRTPAGE P="51110"/>
                        and Point Possession (Hobbs 
                        <E T="03">et al.</E>
                         2008). Based on these aerial surveys, there is a consistent pattern of beluga whale presence in the northernmost portion of Cook Inlet from June to October (Rugh 
                        <E T="03">et al.</E>
                         2000, 2004a, 2004b, 2005, 2006, 2007).
                    </P>
                    <P>
                        Though Cook Inlet beluga whales occur throughout the inlet at any time of year, generally they spend the ice-free months in the upper Cook Inlet, shifting into deeper waters in middle Cook Inlet in winter (Hobbs 
                        <E T="03">et al.</E>
                         2008). In 1999, one beluga whale was tagged with a satellite transmitter, and its movements were recorded from June through September of that year. Since 1999, 18 beluga whales in upper Cook Inlet have been captured and fitted with satellite tags to provide information on their movements during late summer, fall, winter, and spring. Using location data from satellite-tagged Cook Inlet belugas, Ezer 
                        <E T="03">et al.</E>
                         (2013) found most tagged whales were in the lower to middle inlet during January through March, near the Susitna River Delta from April to July) and in the Knik and Turnagain Arms from August to December. The transmitters collected data for as little as a few days and up to 293 days with at least some data obtained each calendar month. None of the tagged belugas left the inlet. All but three remained north of the forelands for the duration of transmission, and those that traveled south did so only briefly (Shelden 
                        <E T="03">et al.</E>
                         2018).
                    </P>
                    <P>
                        In the winter, belugas are more widely dispersed based on aerial surveys, opportunistic sighting reports, and tagging results, with animals found between Kalgin Island and Point Possession. In November, beluga whales remained in Knik Arm, Turnagain Arm, and Chickaloon Bay, similar to locations observed in September. Later in winter (January into March), belugas were sighted near Kalgin Island and in deeper waters offshore. However, even when ice cover exceeds 90 percent in February and March, belugas travel into Knik Arm and Turnagain Arm (Hobbs 
                        <E T="03">et al.</E>
                         2005).
                    </P>
                    <P>
                        During the spring and summer, beluga whales are generally concentrated near the warmer waters of river mouths where prey availability is high and predator occurrence is low (Moore 
                        <E T="03">et al.</E>
                         2000). Beluga whales in Cook Inlet are believed to mostly calve between mid-May and mid-July, and concurrently breed between late spring and early summer (NMFS 2016a), primarily in upper Cook Inlet. Beluga movement was correlated with the peak discharge of seven major rivers emptying into Cook Inlet. Boat-based surveys from 2005 to the present (McGuire and Stephens 2017), and initial results from passive acoustic monitoring across the entire inlet (Castellote 
                        <E T="03">et al.</E>
                         2016) also support seasonal patterns observed with other methods, and other surveys confirm Cook Inlet belugas near the Kenai River during summer months (McGuire and Stephens 2017).
                    </P>
                    <P>
                        During the summer and fall, beluga whales are concentrated near the Susitna River mouth, Knik Arm, Turnagain Arm, and Chickaloon Bay (Nemeth 
                        <E T="03">et al.</E>
                         2007) where they feed on migrating eulachon (
                        <E T="03">Thaleichthys pacificus</E>
                        ) and salmon (
                        <E T="03">Onchorhyncus spp.;</E>
                         Moore 
                        <E T="03">et al.</E>
                         2000). Data from tagged whales (14 tags between July and March 2000 through 2003) show beluga whales use upper Cook Inlet intensively between summer and late autumn (Hobbs 
                        <E T="03">et al.</E>
                         2005). Critical Habitat Area 1 encompasses this summer distribution.
                    </P>
                    <P>
                        Using the June aerial survey data from 1994 to 2008, Goetz 
                        <E T="03">et al.</E>
                         (2012) constructed a model of summer habitat preference for the entire Cook Inlet. The model identified a positive geographic association with rivers with prey species (primarily eulachon and salmon), shallow tidal flats, and sandy substrate and a negative association with sources of anthropogenic disturbance. A heat map of the summer habitat was generated, with 1 km
                        <SU>2</SU>
                         cells ranging from 0 to 1.12 belugas per km
                        <SU>2</SU>
                        . The areas of highest concentration were the Susitna River delta (from the Beluga River to the Little Susitna River), upper Knik Arm, and Chickaloon Bay. Each area has generally large salmon runs, shallow tidal flats, and little anthropogenic disturbance. The location of the JRP and the towing routes between the Rig Tenders Dock and the JRP are areas of predicted low density in the summer months.
                    </P>
                    <P>
                        As late as October, beluga whales tagged with satellite transmitters continued to use Knik Arm and Turnagain Arm and Chickaloon Bay, but some ranged into lower Cook Inlet south to Chinitna Bay, Tuxedni Bay, and Trading Bay (McArthur River) in the fall (Hobbs 
                        <E T="03">et al.</E>
                         2005). Data from NMFS aerial surveys, opportunistic sighting reports, and satellite-tagged beluga whales confirm they are more widely dispersed throughout Cook Inlet during the winter months (November to April), with animals found between Kalgin Island and Point Possession. In November, beluga whales moved between Knik Arm, Turnagain Arm, and Chickaloon Bay, similar to patterns observed in September (Hobbs 
                        <E T="03">et al.</E>
                         2005). By December, beluga whales were distributed throughout the upper to middle Cook Inlet. From January into March, they moved as far south as Kalgin Island and slightly beyond in central offshore waters. Beluga whales also made occasional excursions into Knik Arm and Turnagain Arm in February and March despite ice cover greater than 90 percent (Hobbs 
                        <E T="03">et al.</E>
                         2005).
                    </P>
                    <P>
                        Wild 
                        <E T="03">et al.</E>
                         (2023) delineated a Small and Resident Population BIA in Cook Inlet that is active year-round and overlaps Furie's proposed project area. The authors assigned the BIA an importance score of 2, an intensity score of 2, a data support score of 3, and a boundary certainty score of 2. These scores indicate that the BIA is of moderate importance and intensity, the authors have high confidence that the population is small and resident and in the abundance and range estimates of the population, and the boundary certainty is medium (see Harrison 
                        <E T="03">et al.</E>
                         (2023) for additional information about the scoring process used to identify BIAs).
                    </P>
                    <P>
                        During Apache's seismic test program in 2011 along the west coast of Redoubt Bay, lower Cook Inlet, a total of 33 beluga whales were sighted during the survey (Lomac-MacNair 
                        <E T="03">et al.</E>
                         2013). During Apache's 2012 seismic program in mid-inlet, a total of 151 sightings consisting of an estimated 1,463 beluga whales were observed (Lomac-MacNair 
                        <E T="03">et al.</E>
                         2014). During SAExploration's 2015 seismic program, a total of eight sightings of 33 estimated individual beluga whales were visually observed during this time period and there were two acoustic detections of beluga whales (Kendall 
                        <E T="03">et al.</E>
                         2015). During Harvest Alaska's recent CIPL project on the west side of Cook Inlet in between Ladd Landing and Tyonek Platform, a total of 143 beluga whale sightings (814 individuals) were observed almost daily from May 31 to July 11, even though observations spanned from May 9 through September 15 (Sitkiewicz 
                        <E T="03">et al.</E>
                         2018). There were two beluga whale carcasses observed by the project vessels in the 2019 Hilcorp lower Cook Inlet seismic survey in the fall which were reported to the NMFS Marine Mammal Stranding Network (Fairweather Science 2020). Both carcasses were moderately decomposed when they were sighted by the protected species observers (PSOs). Daily aerial surveys specifically for beluga whales were flown over the lower Cook Inlet region, but no beluga whales were observed. In 2023, Hilcorp recorded 21 sightings of more than 125 beluga whales during aerial surveys and an additional 21 opportunistic sightings that included approximately 81 beluga whales (Horsley and Larson, 2023). Hilcorp did not record any sightings of 
                        <PRTPAGE P="51111"/>
                        beluga whales from their rig-based monitoring efforts (Horsley and Larson, 2023)
                    </P>
                    <HD SOURCE="HD2">Killer Whale</HD>
                    <P>
                        Killer whales from the Alaska Resident stock and the Gulf of Alaska, Aleutian Islands, and Bering Sea Transient stock occur in lower Cook Inlet but rarely in middle and upper Cook Inlet. Recent studies have documented the movements of Alaska Resident killer whales from the Bering Sea into the Gulf of Alaska as far north as southern Kodiak Island (Muto 
                        <E T="03">et al.</E>
                         2017).
                    </P>
                    <P>
                        Killer whales have been sighted near Homer and Port Graham in lower Cook Inlet (Shelden 
                        <E T="03">et al.</E>
                         2003, 2022; Rugh 
                        <E T="03">et al.</E>
                         2005). Resident killer whales from pods often sighted near Kenai Fjords and Prince William Sound have been occasionally photographed in lower Cook Inlet (Shelden 
                        <E T="03">et al.</E>
                         2003). The availability of salmon influences when resident killer whales are more likely to be sighted in Cook Inlet. Killer whales were observed in the Kachemak and English Bay three times during aerial surveys conducted between 1993 and 2004 (Rugh 
                        <E T="03">et al.</E>
                         2005). Transient killer whales were increasingly reported to feed on belugas in the middle and upper Cook Inlet in the 1990s.
                    </P>
                    <P>
                        During the 2015 SAExploration seismic program near the North Foreland, two killer whales were observed (Kendall 
                        <E T="03">et al.</E>
                         2015, as cited in Weston and SLR 2022). Killer whales were observed in lower Cook Inlet in 1994, 1997, 2001, 2005, 2010, 2012, and 2022 during the NMFS aerial surveys (Shelden 
                        <E T="03">et al.</E>
                         2013, 2022). Eleven killer whale strandings have been reported in Turnagain Arm: six in May 1991 and five in August 1993. During the Hilcorp lower Cook Inlet seismic survey in the fall of 2019, 21 killer whales were documented (Fairweather Science 2020). Throughout 4 months of observation in 2018 during the CIPL project in middle Cook Inlet, no killer whales were observed (Sitkiewicz 
                        <E T="03">et al.</E>
                         2018). In September 2021, two killer whales were documented in Knik Arm in upper Cook Inlet, near the POA (61N 2022a). Hilcorp did not record any sightings of fin whales from their aerial or rig-based monitoring efforts in 2023 (Horsley and Larson 2023).
                    </P>
                    <HD SOURCE="HD2">Pacific White-Sided Dolphin</HD>
                    <P>
                        Pacific white-sided dolphins are common in the Gulf of Alaska's pelagic waters and Alaska's nearshore areas, British Columbia, and Washington (Ferrero and Walker 1996, as cited in Muto 
                        <E T="03">et al.</E>
                         2022). They do not typically occur in Cook Inlet, but in 2019, Castellote 
                        <E T="03">et al.</E>
                         (2020) documented short durations of Pacific white-sided dolphin presence using passive acoustic recorders near Iniskin Bay (6 minutes) and at an offshore mooring located approximately midway between Port Graham and Iniskin Bay (51 minutes). Detections of vocalizations typically lasted on the order of minutes, suggesting the animals did not remain in the area and/or continue vocalizing for extended durations. Visual monitoring conducted during the same period by marine mammal observers on seismic vessels near the offshore recorder did not detect any Pacific white-sided dolphins (Fairweather Science 2020). These observational data, combined with anecdotal information, indicate that there is a small potential for Pacific white-sided dolphins to occur in the Project area. On May 7, 2014, Apache Alaska observed three Pacific white-sided dolphins during an aerial survey near Kenai. This is one of the only recorded visual observations of Pacific white-sided dolphins in Cook Inlet; they have not been reported in groups as large as those estimated in other parts of Alaska (
                        <E T="03">e.g.</E>
                         92 animals in NMFS' IHAs for Tongass Narrows).
                    </P>
                    <HD SOURCE="HD2">Harbor Porpoise</HD>
                    <P>
                        Harbor porpoises prefer shallow coastal waters less than 100 m in depth (Hobbs and Waite 2010). They are common in nearshore areas of the Gulf of Alaska, Shelikof Strait, and lower Cook Inlet (Dahlheim 
                        <E T="03">et al.</E>
                         2000). Harbor porpoises are often observed in lower Cook Inlet in Kachemak Bay and from Cape Douglas to the West Foreland (Rugh 
                        <E T="03">et al.</E>
                         2005).
                    </P>
                    <P>
                        Harbor porpoises have been observed during most aerial surveys conducted in Cook Inlet since 1993. They are frequently documented in Chinitna and Tuxedni Bays on the west side of lower Cook Inlet (Rugh 
                        <E T="03">et al.</E>
                         2005), with smaller numbers observed in upper Cook Inlet between April and October. There were 137 groups comprised of 190 individuals documented between May and August during Apache's 2012 seismic program (Lomac-MacNair 
                        <E T="03">et al.</E>
                         2013). Kendall 
                        <E T="03">et al.</E>
                         (2015, as cited in Weston and SLR 2022) documented 52 groups comprised of 65 individuals north of the Forelands during SAExploration's 2015 seismic survey. Two groups totaling three harbor porpoises were observed in the fall of 2019 during Hilcorp's lower Cook Inlet seismic survey (Fairweather Science 2020). Four monitoring events were conducted at the POA in Anchorage between April 2020 and August 2022, during which 42 groups of harbor porpoises comprised of 50 individual porpoises were documented over 285 days of observation (61N 2021, 2022a, 2022b, and 2022c). One harbor porpoise was observed during Hilcorp's monitoring boat-based monitoring efforts in June 2023 (Horsley and Larson 2023).
                    </P>
                    <HD SOURCE="HD2">Dall's Porpoise</HD>
                    <P>
                        The Dall's porpoise range in Alaska includes lower Cook Inlet, but very few sightings have been reported in upper Cook Inlet. Observations have been documented near Kachemak Bay and Anchor Point (Owl Ridge 2014; BOEM 2015). Dall's porpoises were observed (two groups of three individuals) during Apache's 2014 seismic survey which occurred in the summer months (Lomac-MacNair 
                        <E T="03">et al.</E>
                         2014). In August 2015, one Dall's porpoise was reported in the mid-inlet north of Nikiski during SAExploration's seismic program (Kendall 
                        <E T="03">et al.</E>
                         2015 as cited in Weston and SLR 2022). During aerial surveys in Cook Inlet, they were observed in Iniskin Bay, Barren Island, Elizabeth Island, and Kamishak Bay (Shelden 
                        <E T="03">et al.</E>
                         2013). Ten groups totaling 30 Dall's porpoises were observed in the fall of 2019 during Hilcorp's lower Cook Inlet seismic survey (Fairweather Science 2020). No Dall's porpoises were observed during the CIPL project monitoring program in middle Cook Inlet in 2018 (Sitkiewicz 
                        <E T="03">et al.</E>
                         2018). Hilcorp recorded one sighting of a Dall's porpoise from their rig-based monitoring efforts in the project area in 2023 (Horsley and Larson, 2023).
                    </P>
                    <HD SOURCE="HD2">Steller Sea Lion</HD>
                    <P>
                        Most Steller sea lions in Cook Inlet occur south of Anchor Point on the east side of lower Cook Inlet, with concentrations near haulout sites at Shaw Island and Elizabeth Island and by Chinitna Bay and Iniskin Bay on the west side (Rugh 
                        <E T="03">et al.</E>
                         2005). Steller sea lions are rarely seen in upper Cook Inlet (Nemeth 
                        <E T="03">et al.</E>
                         2007). About 3,600 sea lions use haulout sites in the lower Cook Inlet area (Sweeney 
                        <E T="03">et al.</E>
                         2017), with additional individuals venturing into the area to forage. There is no designated critical habitat for Steller sea lions in the mid- or upper inlet, nor are there any known BIAs for Steller sea lions within the project area.
                    </P>
                    <P>
                        Several surveys and monitoring programs have documented Steller sea lions throughout Cook Inlet, including in upper Cook Inlet in 2012 (Lomac-MacNair 
                        <E T="03">et al.</E>
                         2013), near Cape Starichkof in 2013 (Owl Ridge 2014), in middle and lower Cook Inlet in 2015 (Kendall 
                        <E T="03">et al.</E>
                         2015, as cited in Weston and SLR 2022), in middle Cook Inlet in 2018 (Sitkiewicz 
                        <E T="03">et al.</E>
                         2018), in lower 
                        <PRTPAGE P="51112"/>
                        Cook Inlet in 2019 (Fairweather Science 2020), and near the Port of Alaska (POA) in Anchorage in 2020, 2021, and 2022 (61N 2021, 2022a, 2022b, and 2022c).
                    </P>
                    <HD SOURCE="HD2">California Sea Lion</HD>
                    <P>
                        The few California sea lions observed in Alaska typically do not travel further north than Southeast Alaska. They are often associated with Steller sea lion haulouts and rookeries (Maniscalco 
                        <E T="03">et al.</E>
                         2004). Sightings in Cook Inlet are rare, with two documented during the Apache 2012 seismic survey (Lomac-MacNair 
                        <E T="03">et al.</E>
                         2013) and anecdotal sightings in Kachemak Bay. None were sighted during the 2019 Hilcorp lower Cook Inlet seismic survey (Fairweather Science 2020), the CIPL project in 2018 (Sitkiewicz 
                        <E T="03">et al.</E>
                         2018), or the 2023 Hilcorp aerial or rig-based monitoring efforts (Horsley and Larson, 2023).
                    </P>
                    <HD SOURCE="HD2">Harbor Seal</HD>
                    <P>
                        In the spring and summer, harbor seals display an affinity for coastal haulout areas for feeding, breeding, pupping, and molting, while ranging further offshore and outside of Cook Inlet during the winter. High-density areas include Kachemak Bay, Iniskin Bay, Iliamna Bay, Kamishak Bay, Cape Douglas, and Shelikof Strait. Up to a few hundred seals seasonally occur in middle and upper Cook Inlet (Rugh 
                        <E T="03">et al.</E>
                         2005), with the highest concentrations found near the Susitna River during eulachon and salmon runs (Nemeth 
                        <E T="03">et al.</E>
                         2007; Boveng 
                        <E T="03">et al.</E>
                         2012), but most remain south of the forelands (Boveng 
                        <E T="03">et al.</E>
                         2012).
                    </P>
                    <P>
                        More than 200 haulout sites are documented in lower Cook Inlet (Montgomery 
                        <E T="03">et al.</E>
                         2007) and 18 in middle and upper Cook Inlet (London 
                        <E T="03">et al.</E>
                         2015). Of the 18 in middle and upper Cook Inlet, nine are considered “key haulout” locations where aggregations of 50 or more harbor seals have been documented. Seven key haulouts are in the Susitna River delta, and two are near the Chickaloon River. The two haulout locations closest to the JRP are located at Middle Ground Shoal, which becomes inundated with water at most high tides (London 
                        <E T="03">et al.</E>
                         2015).
                    </P>
                    <P>
                        Harbor seals have been sighted in Cook Inlet during every year of the aerial surveys conducted by NMFS and during all recent mitigation and monitoring programs in lower, middle, and upper Cook Inlet (61N 2021, 2022a, 2022b, and 2022c; Fairweather Science 2020; Kendall 
                        <E T="03">et al.</E>
                         2015 as cited in Weston and SLR 2022; Lomac-MacNair 
                        <E T="03">et al.</E>
                         2013, 2014; Sitkiewicz 
                        <E T="03">et al.</E>
                         2018).
                    </P>
                    <HD SOURCE="HD2">Marine Mammal Hearing</HD>
                    <P>
                        Hearing is the most important sensory modality for marine mammals underwater, and exposure to anthropogenic sound can have deleterious effects. To appropriately assess the potential effects of exposure to sound, it is necessary to understand the frequency ranges marine mammals are able to hear. Not all marine mammal species have equal hearing capabilities (
                        <E T="03">e.g.,</E>
                         Richardson 
                        <E T="03">et al.</E>
                         1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect this, Southall 
                        <E T="03">et al.</E>
                         (2007, 2019) recommended that marine mammals be divided into hearing groups based on directly measured (behavioral or auditory evoked potential techniques) or estimated hearing ranges (behavioral response data, anatomical modeling, 
                        <E T="03">etc.</E>
                        ). Note that no direct measurements of hearing ability have been successfully completed for mysticetes (
                        <E T="03">i.e.,</E>
                         low-frequency cetaceans). Subsequently, NMFS (2018) described generalized hearing ranges for these marine mammal hearing groups. Generalized hearing ranges were chosen based on the approximately 65 dB threshold from the normalized composite audiograms, with the exception for lower limits for low-frequency cetaceans where the lower bound was deemed to be biologically implausible and the lower bound from Southall 
                        <E T="03">et al.</E>
                         (2007) retained. Marine mammal hearing groups and their associated hearing ranges are provided in table 4.
                    </P>
                    <GPOTABLE COLS="2" OPTS="L2,i1" CDEF="s200,r50">
                        <TTITLE>Table 4—Marine Mammal Hearing Groups (NMFS, 2018)</TTITLE>
                        <BOXHD>
                            <CHED H="1">Hearing group</CHED>
                            <CHED H="1">Generalized hearing range *</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Low-frequency (LF) cetaceans (baleen whales)</ENT>
                            <ENT>7 Hz to 35 kHz.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales)</ENT>
                            <ENT>150 Hz to 160 kHz.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">
                                High-frequency (HF) cetaceans (true porpoises, 
                                <E T="03">Kogia,</E>
                                 river dolphins, Cephalorhynchid, 
                                <E T="03">Lagenorhynchus cruciger</E>
                                 &amp; 
                                <E T="03">L. australis</E>
                                )
                            </ENT>
                            <ENT>275 Hz to 160 kHz.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Phocid pinnipeds (PW) (underwater) (true seals)</ENT>
                            <ENT>50 Hz to 86 kHz.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Otariid pinnipeds (OW) (underwater) (sea lions and fur seals)</ENT>
                            <ENT>60 Hz to 39 kHz.</ENT>
                        </ROW>
                        <TNOTE>
                            * Represents the generalized hearing range for the entire group as a composite (
                            <E T="03">i.e.,</E>
                             all species within the group), where individual species' hearing ranges are typically not as broad. Generalized hearing range chosen based on ~65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall 
                            <E T="03">et al.</E>
                             2007) and PW pinniped (approximation).
                        </TNOTE>
                    </GPOTABLE>
                    <P>
                        The pinniped functional hearing group was modified from Southall 
                        <E T="03">et al.</E>
                         (2007) on the basis of data indicating that phocid species have consistently demonstrated an extended frequency range of hearing compared to otariids, especially in the higher frequency range (Hemilä 
                        <E T="03">et al.</E>
                         2006; Kastelein 
                        <E T="03">et al.</E>
                         2009; Reichmuth 
                        <E T="03">et al.</E>
                         2013). This division between phocid and otariid pinnipeds is now reflected in the updated hearing groups proposed in Southall 
                        <E T="03">et al.</E>
                         (2019).
                    </P>
                    <P>For more detail concerning these groups and associated frequency ranges, please see NMFS (2018) for a review of available information.</P>
                    <HD SOURCE="HD1">Potential Effects of Specified Activities on Marine Mammals and Their Habitat</HD>
                    <P>This section provides a discussion of the ways in which components of the specified activity may impact marine mammals and their habitat. The Estimated Take of Marine Mammals section later in this document includes a quantitative analysis of the number of individuals that are expected to be taken by this activity. The Negligible Impact Analysis and Determination section considers the content of this section, the Estimated Take of Marine Mammals section, and the Proposed Mitigation section, to draw conclusions regarding the likely impacts of these activities on the reproductive success or survivorship of individuals and whether those impacts are reasonably expected to, or reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.</P>
                    <HD SOURCE="HD2">Description of Sound Sources</HD>
                    <P>
                        The marine soundscape is comprised of both ambient and anthropogenic sounds. Ambient sound is defined as the all-encompassing sound in a given place and is usually a composite of sound from many sources both near and far (ANSI 1995). The sound level of an area is defined by the total acoustical energy being generated by known and unknown sources. These sources may 
                        <PRTPAGE P="51113"/>
                        include physical (
                        <E T="03">e.g.,</E>
                         waves, wind, precipitation, earthquakes, ice, atmospheric sound), biological (
                        <E T="03">e.g.,</E>
                         sounds produced by marine mammals, fish, and invertebrates), and anthropogenic sound (
                        <E T="03">e.g.,</E>
                         vessels, dredging, aircraft, construction).
                    </P>
                    <P>
                        The sum of the various natural and anthropogenic sound sources at any given location and time—which comprise “ambient” or “background” sound—depends not only on the source levels (as determined by current weather conditions and levels of biological and shipping activity) but also on the ability of sound to propagate through the environment. In turn, sound propagation is dependent on the spatially and temporally varying properties of the water column and sea floor, and is frequency-dependent. As a result of the dependence on a large number of varying factors, ambient sound levels can be expected to vary widely over both coarse and fine spatial and temporal scales. Sound levels at a given frequency and location can vary by 10-20 dB from day to day (Richardson 
                        <E T="03">et al.</E>
                         1995). The result is that, depending on the source type and its intensity, sound from a specified activity may be a negligible addition to the local environment or could form a distinctive signal that may affect marine mammals.
                    </P>
                    <P>
                        The proposed project includes the use of three to four tugs towing a jack-up rig as well as impact pile driving of conductor piles. The sounds produced by these activities fall into one of two general sound types: impulsive and non-impulsive. Impulsive sounds (
                        <E T="03">e.g.,</E>
                         explosions, sonic booms, impact pile driving) are typically transient, brief (less than 1 second), broadband, and consist of high peak sound pressure with rapid rise time and rapid decay (ANSI 1986; NIOSH 1998; NMFS 2018). Non-impulsive sounds (
                        <E T="03">e.g.,</E>
                         machinery operations such as drilling or dredging, vibratory pile driving, underwater chainsaws, and active sonar systems) can be broadband, narrowband or tonal, brief or prolonged (continuous or intermittent), and typically do not have the high peak sound pressure with rise/decay time that impulsive sounds do (ANSI 1995; NIOSH 1998; NMFS 2018). The distinction between impulsive and non-impulsive sound sources is important because they have differing potential to cause physical effects, particularly with regard to hearing (
                        <E T="03">e.g.,</E>
                         Ward 1997 in Southall 
                        <E T="03">et al.</E>
                         2007).
                    </P>
                    <P>An impact hammer that operates by repeatedly dropping and/or pushing a heavy piston onto a pile to drive the pile into the substrate. Sound generated by impact hammers is considered impulsive.</P>
                    <P>
                        Towing the rig would emit consistent low levels of noise into a small portion of Cook Inlet for an extended period of time. Furie's tugging and positioning activities would occur for approximately 20-25 hours over 2 days at the beginning and end of the drilling season in Year 1 and in Year 2. Unlike projects that involve discrete noise sources with known potential to harass marine mammals (
                        <E T="03">e.g.,</E>
                         pile driving, seismic surveys), both the noise sources and impacts from the tugs towing the rig are less well documented. The various scenarios that may occur during this project extend from tugs in a stationary mode positioning the drill rig to pulling the rig at nearly full power against strong tides. Our assessments of the potential for harassment of marine mammals incidental to Furie's tug activities specified here are conservative in light of the general Level B harassment exposure thresholds, the fact that NMFS is still in the process of developing analyses of the impact that non-quantitative contextual factors have on the likelihood of Level B harassment occurring, and the nature and duration of the particular tug activities analyzed here.
                    </P>
                    <P>
                        The proposed project has the potential to harass marine mammals from exposure to noise and the physical presence of working vessels (
                        <E T="03">e.g.,</E>
                         tug configuration and pile driving equipment) as well as associated noise with pile driving and the moving and positioning of the rig. In this case, NMFS considers potential for harassment from the collective use of these technologies working in a concentrated area (relative to the entire Cook Inlet) for an extended period of time (for tugging, when making multiple positioning attempts) and noise created when moving and positioning the rig using tugs, as well as impact installation of the conductor piles. Essentially, the project area will become a concentrated work area in an otherwise non-industrial setting for a period of several days.
                    </P>
                    <HD SOURCE="HD2">Acoustic Impacts</HD>
                    <P>
                        The introduction of anthropogenic noise into the aquatic environment from tugs and pile driving equipment is the primary means by which marine mammals may be harassed from Furie's specified activities. In general, animals exposed to natural or anthropogenic sound may experience physical and psychological effects, ranging in magnitude from none to severe (Southall 
                        <E T="03">et al.</E>
                         2007). Generally, exposure to pile driving and tugging has the potential to result in auditory threshold shifts (TS) and behavioral disturbance (
                        <E T="03">e.g.,</E>
                         avoidance, temporary cessation of foraging and vocalizing, changes in dive behavior). Exposure to anthropogenic noise can also lead to non-observable physiological responses such as an increase in stress hormones. Additional noise in a marine mammal's habitat can mask acoustic cues used by marine mammals to carry out daily functions such as communication and predator and prey detection. The effects of pile driving and tugging noise on marine mammals are dependent on several factors, including, but not limited to, sound type (
                        <E T="03">e.g.,</E>
                         impulsive vs. non-impulsive), the species, age and sex class (
                        <E T="03">e.g.,</E>
                         adult male vs. mother with calf), duration of exposure, the distance between the sound source and the animal, received levels, behavior at time of exposure, and previous history with exposure (Wartzok 
                        <E T="03">et al.</E>
                         2003; Southall 
                        <E T="03">et al.</E>
                         2007). Here we discuss physical auditory effects (TSs) followed by behavioral effects and potential impacts on habitat.
                    </P>
                    <P>
                        NMFS defines a noise-induced TS as “a change, usually an increase, in the threshold of audibility at a specified frequency or portion of an individual's hearing range above a previously established reference level” (NMFS 2018). The amount of TS is customarily expressed in dB (ANSI 1995, Yost 2007). A TS can be permanent (PTS) or temporary (TTS). As described in NMFS (2016), there are numerous factors to consider when examining the consequence of TS, including, but not limited to, the signal temporal pattern (
                        <E T="03">e.g.,</E>
                         impulsive or non-impulsive), likelihood an individual would be exposed for a long enough duration or to a high enough level to induce a TS, the magnitude of the TS, time to recovery (seconds to minutes or hours to days), the frequency range of the exposure (
                        <E T="03">i.e.,</E>
                         spectral content), the hearing and vocalization frequency range of the exposed species relative to the signal's frequency spectrum (
                        <E T="03">i.e.,</E>
                         how animal uses sound within the frequency band of the signal; 
                        <E T="03">e.g.,</E>
                         Kastelein 
                        <E T="03">et al.</E>
                         2014), and the overlap between the animal and the source (
                        <E T="03">e.g.,</E>
                         spatial, temporal, and spectral). When analyzing the auditory effects of noise exposure, it is often helpful to broadly categorize sound as either impulsive—noise with high peak sound pressure, short duration, fast rise-time, and broad frequency content—or non-impulsive. For example, when considering auditory effects, impact pile driving is treated as an impulsive source. The sounds produced by tugs towing and 
                        <PRTPAGE P="51114"/>
                        positioning the rig are characterized as non-impulsive sounds.
                    </P>
                    <P>
                        Permanent Threshold Shift—NMFS defines PTS as a permanent, irreversible increase in the threshold of audibility at a specified frequency or portion of an individual's hearing range above a previously established reference level (NMFS 2018). Available data from humans and other terrestrial mammals indicate that a 40 dB TS approximates PTS onset (see NMFS 2018 for review). PTS levels for marine mammals are estimates, because there are limited empirical data measuring PTS in marine mammals (
                        <E T="03">e.g.,</E>
                         Kastak 
                        <E T="03">et al.</E>
                         2008), largely due to the fact that, for various ethical reasons, experiments involving anthropogenic noise exposure at levels inducing PTS are not typically pursued or authorized (NMFS 2018).
                    </P>
                    <P>
                        Temporary Threshold Shift—TTS is a temporary, reversible increase in the threshold of audibility at a specified frequency or portion of an individual's hearing range above a previously established reference level (NMFS 2018). Based on data from cetacean TTS measurements (see Finneran 2015 for a review), a TTS of 6 dB is considered the minimum TS clearly larger than any day-to-day or session-to-session variation in a subject's normal hearing ability (Schlundt 
                        <E T="03">et al.</E>
                         2000; Finneran 
                        <E T="03">et al.</E>
                         2002; Finneran 2015). As described in Finneran (2016), marine mammal studies have shown the amount of TTS increases with cumulative sound exposure level (SEL
                        <E T="52">cum</E>
                        ) in an accelerating fashion: At low exposures with lower SEL
                        <E T="52">cum,</E>
                         the amount of TTS is typically small and the growth curves have shallow slopes. At exposures with higher SEL
                        <E T="52">cum,</E>
                         the growth curves become steeper and approach linear relationships with the noise SEL.
                    </P>
                    <P>
                        Depending on the degree (elevation of threshold in dB), duration (
                        <E T="03">i.e.,</E>
                         recovery time), and frequency range of TTS, and the context in which it is experienced, TTS can have effects on marine mammals ranging from discountable to serious (similar to those discussed in auditory masking, below). For example, a marine mammal may be able to readily compensate for a brief, relatively small amount of TTS in a non-critical frequency range that takes place during a time when the animal is traveling through the open ocean, where ambient noise is lower and there are not as many competing sounds present. Alternatively, a larger amount and longer duration of TTS sustained during times when hearing is critical, such as for successful mother/calf interactions, could have more serious impacts. We note that reduced hearing sensitivity as a simple function of aging has been observed in marine mammals, as well as humans and other taxa (Southall 
                        <E T="03">et al.</E>
                         2007), so we can infer that strategies exist for coping with this condition to some degree, though likely not without cost.
                    </P>
                    <P>
                        Many studies have examined noise-induced hearing loss in marine mammals (see Finneran (2015) and Southall 
                        <E T="03">et al.</E>
                         (2019) for summaries). For cetaceans, published data on the onset of TTS are limited to the captive bottlenose dolphin (
                        <E T="03">Tursiops truncatus</E>
                        ), beluga whale, harbor porpoise, and Yangtze finless porpoise (
                        <E T="03">Neophocoena asiaeorientalis</E>
                        ), and for pinnipeds in water, measurements of TTS are limited to harbor seals, elephant seals (
                        <E T="03">Mirounga angustirostris</E>
                        ), and California sea lions. These studies examine hearing thresholds measured in marine mammals before and after exposure to intense sounds. The difference between the pre-exposure and post-exposure thresholds can be used to determine the amount of TS at various post-exposure times. The amount and onset of TTS depends on the exposure frequency. Sounds at low frequencies, well below the region of best sensitivity, are less hazardous than those at higher frequencies, near the region of best sensitivity (Finneran and Schlundt 2013). At low frequencies, onset-TTS exposure levels are higher compared to those in the region of best sensitivity (
                        <E T="03">i.e.,</E>
                         a low frequency noise would need to be louder to cause TTS onset when TTS exposure level is higher), as shown for harbor porpoises and harbor seals (Kastelein 
                        <E T="03">et al.</E>
                         2019a, 2019b, 2020a, 2020b). In addition, TTS can accumulate across multiple exposures, but the resulting TTS will be less than the TTS from a single, continuous exposure with the same sound exposure level (SEL; Finneran 
                        <E T="03">et al.</E>
                         2010; Kastelein 
                        <E T="03">et al.</E>
                         2014; Kastelein 
                        <E T="03">et al.</E>
                         2015a; Mooney 
                        <E T="03">et al.</E>
                         2009). This means that TTS predictions based on the total, cumulative SEL will overestimate the amount of TTS from intermittent exposures such as sonars and impulsive sources. Nachtigall 
                        <E T="03">et al.</E>
                         (2018) and Finneran (2018) describe the measurements of hearing sensitivity of multiple odontocete species (bottlenose dolphin, harbor porpoise, beluga, and false killer whale (
                        <E T="03">Pseudorca crassidens</E>
                        )) when a relatively loud sound was preceded by a warning sound. These captive animals were shown to reduce hearing sensitivity when warned of an impending intense sound. Based on these experimental observations of captive animals, the authors suggest that wild animals may dampen their hearing during prolonged exposures or if conditioned to anticipate intense sounds. Another study showed that echolocating animals (including odontocetes) might have anatomical specializations that might allow for conditioned hearing reduction and filtering of low-frequency ambient noise, including increased stiffness and control of middle ear structures and placement of inner ear structures (Ketten 
                        <E T="03">et al.</E>
                         2021). Data available on noise-induced hearing loss for mysticetes are currently lacking (NMFS 2018).
                    </P>
                    <P>Activities for this project include tugging and impact pile driving. Tugging is a transient activity, and there would likely be pauses in pile driving during each day that it occurs. Given the nature of these activities and the fact that many marine mammals are likely moving through the project areas and not remaining for extended periods of time, the potential for TS declines.</P>
                    <HD SOURCE="HD3">Behavioral Disturbance</HD>
                    <P>
                        Finally, exposure of marine mammals to certain sounds could result in behavioral disturbance (Richardson 
                        <E T="03">et al.</E>
                         1995), not all of which constitutes harassment under the MMPA. The onset of behavioral disturbance from anthropogenic noise depends on both external factors (
                        <E T="03">e.g.,</E>
                         characteristics of noise sources and their paths) and the receiving animals (
                        <E T="03">e.g.,</E>
                         hearing, behavioral state, experience, demography) and is difficult to predict (Southall 
                        <E T="03">et al.</E>
                         2007, 2021). Currently NMFS uses a received level of 160 dB re 1 micro Pascal (μPa) rms to predict the onset of Level B harassment from impulse noises (such as impact pile driving), and 120 dB re 1 μPa (rms) for continuous noises (such as operating dynamic positioning (DP) thrusters), although in certain circumstances there may be contextual factors that alter our assessment. Furie's activity includes the use of continuous (tug towing and positioning) and impulsive (impact pile driving) sources, and therefore the RMS SPL thresholds of 120 and 160 dB re 1 μPa are applicable.
                    </P>
                    <P>
                        Disturbance may result in changing durations of surfacing and dives, number of blows per surfacing, moving direction and/or speed, reduced/increased vocal activities; changing/cessation of certain behavioral activities (such as socializing or feeding), visible startle response or aggressive behavior (such as tail/fluke slapping or jaw clapping), avoidance of areas where sound sources are located, and/or flight responses. Pinnipeds may increase their haul-out time, possibly to avoid in-water disturbance (Thorson and Reyff 2006). These potential behavioral 
                        <PRTPAGE P="51115"/>
                        responses to sound are highly variable and context-specific and reactions, if any, depend on species, state of maturity, experience, current activity, reproductive state, auditory sensitivity, time of day, and many other factors regarding the source eliciting the response (Richardson 
                        <E T="03">et al.</E>
                         1995; Wartzok 
                        <E T="03">et al.</E>
                         2004; Southall 
                        <E T="03">et al.</E>
                         2007). For example, animals that are resting may show greater behavioral change in response to disturbing sound levels than animals that are highly motivated to remain in an area for feeding (Richardson 
                        <E T="03">et al.</E>
                         1995; NRC 2003; Wartzok 
                        <E T="03">et al.</E>
                         2004). The biological significance of many of these behavioral disturbances is difficult to predict, especially if the detected disturbances appear minor. However, the consequences of behavioral modification could be biologically significant if the change affects growth, survival, and/or reproduction, which depends on the severity, duration, and context of the effects.
                    </P>
                    <P>In consideration of the range of potential effects (PTS to behavioral disturbance), we consider the potential exposure scenarios and context in which species would be exposed to pile driving and tug-related activity. Cook Inlet beluga whales may be present in low numbers during the work; therefore, some individuals may be reasonably expected to be exposed to elevated sound levels, including briefly those that exceed the Level B harassment threshold for continuous or impulsive noise. However, beluga whales are expected to be transiting through the area, given this work is proposed primarily in middle Cook Inlet (as described in the Description of Marine Mammals in the Area of Specified Activities section), thereby limiting exposure duration, as belugas in the area are expected to be headed to or from the concentrated foraging areas farther north near the Beluga River, Susitna Delta, and Knik and Turnigan Arms. Similarly, humpback whales, fin whales, minke whales, gray whales, killer whales, California sea lion, and Steller sea lions are not expected to remain in the area of the tugs. Dall's porpoise, harbor porpoise, and harbor seal have been sighted with more regularity than many other species during oil and gas activities in Cook Inlet but due to the transitory nature of porpoises, they are unlikely to remain at any particular well site for the full duration of the noise-producing activity. Because of this and the relatively low-level sources, the likelihood of PTS and TTS over the course of the tug activities is discountable. Harbor seals may linger or haul-out in the area but they are not known to do so in any large number or for extended periods of time (there are no known major haul-outs or rookeries coinciding with the well sites). Here we find there is small potential for TTS over the course of tug activities but again, PTS is not likely due to the nature of tugging. Potential for PTS and TTS due to pile driving is discussed further in the Estimated Take section.</P>
                    <P>
                        Given most marine mammals are likely transiting through the area, exposure is expected to be brief but, in combination with the actual presence of the tug and rig configuration as well as conductor pipe pile driving, may result in animals shifting pathways around the work site (
                        <E T="03">e.g.,</E>
                         avoidance), increasing speed or dive times, or cessation of vocalizations. The likelihood of no more than a short-term, localized disturbance response is supported by data indicating belugas regularly pass by industrialized areas such as the Port of Anchorage; therefore, we do not expect abandonment of their transiting route or other disruptions of their behavioral patterns. We also anticipate some animals may respond with such mild reactions to the project that the response would not be detectable. For example, during low levels of tug power output (
                        <E T="03">e.g.,</E>
                         while tugs may be operating at low power because of favorable conditions), the animals may be able to hear the work but any resulting reactions, if any, are not expected to rise to the level of take.
                    </P>
                    <P>
                        While in some cases marine mammals have exhibited little to no obviously detectable response to certain common or routine industrialized activity (Cornick 
                        <E T="03">et al.</E>
                         2011), it is possible some animals may at times be exposed to received levels of sound above the Level B harassment threshold. This potential exposure in combination with the nature of the tug and rig configuration (
                        <E T="03">e.g.,</E>
                         difficult to maneuver, potential need to operate at night) and pile driving activities means it is possible that take could occur over the total estimated period of activities.
                    </P>
                    <HD SOURCE="HD3">Masking</HD>
                    <P>
                        Since many marine mammals rely on sound to find prey, moderate social interactions, and facilitate mating (Tyack 2008), noise from anthropogenic sound sources can interfere with these functions, but only if the noise spectrum overlaps with the hearing sensitivity of the marine mammal (Southall 
                        <E T="03">et al.</E>
                         2007; Clark 
                        <E T="03">et al.</E>
                         2009; Hatch 
                        <E T="03">et al.</E>
                         2012). Chronic exposure to excessive, though not high-intensity, noise could cause masking at particular frequencies for marine mammals that utilize sound for vital biological functions (Clark 
                        <E T="03">et al.</E>
                         2009). Acoustic masking is when other noises such as from human sources interfere with animal detection and/or interpretation of acoustic signals such as communication calls, echolocation sounds, and environmental sounds important to marine mammals. Therefore, under certain circumstances, marine mammals whose acoustical sensors or environment are being severely masked could also be impaired from maximizing their fitness for survival and reproduction.
                    </P>
                    <P>
                        Masking occurs in the frequency band that the animals utilize. Since noises generated from tugs towing and positioning are mostly concentrated at low frequency ranges, with a small concentration in high frequencies as well, these activities likely have less effect on mid-frequency echolocation sounds by odontocetes (toothed whales) such as Cook Inlet beluga whales. However, lower frequency noises are more likely to affect detection of communication calls and other potentially important natural sounds such as surf and prey noise. Low-frequency noise may also affect communication signals when they occur near the frequency band for noise and thus reduce the communication space of animals (
                        <E T="03">e.g.,</E>
                         Clark 
                        <E T="03">et al.</E>
                         2009) and cause increased stress levels (
                        <E T="03">e.g.,</E>
                         Holt 
                        <E T="03">et al.</E>
                         2009). Unlike TS, masking, which can occur over large temporal and spatial scales, can potentially affect the species at population, community, or even ecosystem levels, in addition to individual levels. Masking affects both senders and receivers of the signals and, at higher levels for longer durations, could have long-term chronic effects on marine mammal species and populations. However, the noise generated by the tugs will not be concentrated in one location or for more than 5 hours per positioning attempt, and up to two positioning attempts at the same site. Further, noise generated by impact pile driving will be intermittent and will occur over a maximum of 2 days per year.
                    </P>
                    <HD SOURCE="HD2">Marine Mammal Habitat Effects</HD>
                    <P>
                        Furie's proposed activities could have localized, temporary impacts on marine mammal habitat, including prey, by increasing in-water sound pressure levels and, for pile driving, slightly decreasing water quality. Increased noise levels may affect acoustic habitat and adversely affect marine mammal prey in the vicinity of the project areas (see discussion below). Elevated levels of underwater noise would ensonify the project areas where both fishes and 
                        <PRTPAGE P="51116"/>
                        mammals occur and could affect foraging success.
                    </P>
                    <P>
                        The total seafloor area likely impacted by the pile driving associated with the project is relatively small compared to the available habitat in Cook Inlet. Avoidance by potential prey (
                        <E T="03">i.e.,</E>
                         fish) of the immediate area due to the temporary loss of this foraging habitat is possible. The duration of fish and marine mammal avoidance of this area after pile driving stops is unknown, but a rapid return to normal recruitment, distribution, and behavior is anticipated. Any behavioral avoidance by fish or marine mammals of the disturbed area would still leave significantly large areas of fish and marine mammal foraging habitat in the nearby vicinity.
                    </P>
                    <P>Increased turbidity near the seafloor is not anticipated, as installation of the conductor piles would occur within the monopod leg of the platform.</P>
                    <HD SOURCE="HD2">Effects on Potential Prey</HD>
                    <P>
                        Sound may affect marine mammals through impacts on the abundance, behavior, or distribution of prey species (
                        <E T="03">e.g.,</E>
                         fish). Marine mammal prey varies by species, season, and location. Here, we describe studies regarding the effects of noise on known marine mammal prey.
                    </P>
                    <P>
                        Fish utilize the soundscape and components of sound in their environment to perform important functions such as foraging, predator avoidance, mating, and spawning (
                        <E T="03">e.g.,</E>
                         Zelick and Mann 1999; Fay 2009). Depending on their hearing anatomy and peripheral sensory structures, which vary among species, fishes hear sounds using pressure and particle motion sensitivity capabilities and detect the motion of surrounding water (Fay 
                        <E T="03">et al.</E>
                         2008). The potential effects of noise on fishes depends on the overlapping frequency range, distance from the sound source, water depth of exposure, and species-specific hearing sensitivity, anatomy, and physiology. Key impacts to fishes may include behavioral responses, hearing damage, barotrauma (pressure-related injuries), and mortality.
                    </P>
                    <P>
                        Fish react to sounds that are especially strong and/or intermittent low-frequency sounds, and behavioral responses such as flight or avoidance are the most likely effects. Short duration, sharp sounds can cause overt or subtle changes in fish behavior and local distribution. The reaction of fish to noise depends on the physiological state of the fish, past exposures, motivation (
                        <E T="03">e.g.,</E>
                         feeding, spawning, migration), and other environmental factors. Hastings and Popper (2005) identified several studies that suggest fish may relocate to avoid certain areas of sound energy. Additional studies have documented effects of pile driving on fish; several are based on studies in support of large, multiyear bridge construction projects (
                        <E T="03">e.g.,</E>
                         Scholik and Yan 2001, 2002; Popper and Hastings 2009). Several studies have demonstrated that impulse sounds might affect the distribution and behavior of some fishes, potentially impacting foraging opportunities or increasing energetic costs (
                        <E T="03">e.g.,</E>
                         Fewtrell and McCauley 2012; Pearson 
                        <E T="03">et al.</E>
                         1992; Skalski 
                        <E T="03">et al.</E>
                         1992; Santulli 
                        <E T="03">et al.</E>
                         1999; Paxton 
                        <E T="03">et al.</E>
                         2017). However, some studies have shown no or slight reaction to impulse sounds (
                        <E T="03">e.g.,</E>
                         Pena 
                        <E T="03">et al.</E>
                         2013; Wardle 
                        <E T="03">et al.</E>
                         2001; Jorgenson and Gyselman 2009).
                    </P>
                    <P>
                        SPLs of sufficient strength have been known to cause injury to fish and fish mortality. However, in most fish species, hair cells in the ear continuously regenerate and loss of auditory function likely is restored when damaged cells are replaced with new cells. Halvorsen 
                        <E T="03">et al.</E>
                         (2012a) showed that a TTS of 4-6 dB was recoverable within 24 hours for one species. Impacts would be most severe when the individual fish is close to the source and when the duration of exposure is long. Injury caused by barotrauma can range from slight to severe and can cause death, and is most likely for fish with swim bladders. Barotrauma injuries have been documented during controlled exposure to impact pile driving (Halvorsen 
                        <E T="03">et al.</E>
                         2012b; Casper 
                        <E T="03">et al.</E>
                         2013).
                    </P>
                    <P>For pile driving, the most likely impact to fishes at the project site would be temporary avoidance of the area. The duration of fish avoidance of this area after pile driving stops is unknown, but a rapid return to normal recruitment, distribution, and behavior is anticipated. For tugging activities, much of the tugging would be mobile during transport of the rig, and the tugging noise that occurs during rig positioning would be temporary, similar to pile driving.</P>
                    <P>In summary, given the short daily duration of sound associated with individual pile driving events and the relatively small areas being affected, as well as the temporary and mostly transitory nature of the tugging, Furie's activities are not likely to have a permanent, adverse effect on any fish habitat, or populations of fish species. Any behavioral avoidance by fish of the disturbed area would still leave significantly large areas of fish and marine mammal foraging habitat in the nearby vicinity. Thus, we conclude that impacts of the specified activities are not likely to have more than short-term adverse effects on any prey habitat or populations of prey species. Further, any impacts to marine mammal habitat are not expected to result in significant or long-term consequences for individual marine mammals, or to contribute to adverse impacts on their populations.</P>
                    <HD SOURCE="HD1">Estimated Take of Marine Mammals</HD>
                    <P>This section provides an estimate of the number of incidental takes proposed for authorization through the IHA, which will inform NMFS' consideration of “small numbers,” the negligible impact determinations, and impacts on subsistence uses.</P>
                    <P>Harassment is the only type of take expected to result from these activities. Except with respect to certain activities not pertinent here, section 3(18) of the MMPA defines “harassment” as any act of pursuit, torment, or annoyance, which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).</P>
                    <P>
                        Takes proposed for authorization would primarily be by Level B harassment, as use of the acoustic sources (
                        <E T="03">i.e.,</E>
                         pile driving and tug towing and positioning) has the potential to result in disruption of behavioral patterns for individual marine mammals. We note here that given the slow, predictable, and generally straight path of tug towing and positioning, the likelihood of a resulting disruption of marine mammal behavioral patterns that would qualify as harassment is considered relatively low, however, at the request of the applicant, we have quantified the potential take from this activity, analyzed the impacts, and proposed its authorization. There is also some potential for auditory injury (Level A harassment) to result to phocids because of species occurrence and because predicted auditory injury zones are larger than for mid-frequency and otariid species. Auditory injury is unlikely to occur for low-frequency, mid-frequency, high-frequency, or otariid species. The proposed mitigation and monitoring measures are expected to minimize the severity of the taking to the extent practicable.
                    </P>
                    <P>
                        As described previously, no serious injury or mortality is anticipated or proposed to be authorized for this activity. Below we describe how the proposed take numbers are estimated.
                        <PRTPAGE P="51117"/>
                    </P>
                    <P>
                        For acoustic impacts, generally speaking, we estimate take by considering: (1) acoustic thresholds above which NMFS believes the best available science indicates marine mammals will be behaviorally harassed or incur some degree of permanent hearing impairment; (2) the area or volume of water that will be ensonified above these levels in a day; (3) the density or occurrence of marine mammals within these ensonified areas; and (4) the number of days of activities. We note that while these factors can contribute to a basic calculation to provide an initial prediction of potential takes, additional information that can qualitatively inform take estimates is also sometimes available (
                        <E T="03">e.g.,</E>
                         previous monitoring results or average group size). Below, we describe the factors considered here in more detail and present the proposed take estimates.
                    </P>
                    <HD SOURCE="HD2">Acoustic Thresholds</HD>
                    <P>NMFS recommends the use of acoustic thresholds that identify the received level of underwater sound above which exposed marine mammals would be reasonably expected to be behaviorally harassed (equated to Level B harassment) or to incur PTS of some degree (equated to Level A harassment).</P>
                    <P>
                        <E T="03">Level B Harassment</E>
                        —Though significantly driven by received level, the onset of behavioral disturbance from anthropogenic noise exposure is also informed to varying degrees by other factors related to the source or exposure context (
                        <E T="03">e.g.,</E>
                         frequency, predictability, duty cycle, duration of the exposure, signal-to-noise ratio, distance to the source), the environment (
                        <E T="03">e.g.,</E>
                         bathymetry, other noises in the area, predators in the area), and the receiving animals (hearing, motivation, experience, demography, life stage, depth) and can be difficult to predict (
                        <E T="03">e.g.,</E>
                         Southall 
                        <E T="03">et al.</E>
                         2007, 2021, Ellison 
                        <E T="03">et al.</E>
                         2012). Based on what the available science indicates and the practical need to use a threshold based on a metric that is both predictable and measurable for most activities, NMFS typically uses a generalized acoustic threshold based on received level to estimate the onset of behavioral harassment. NMFS generally predicts that marine mammals are likely to be behaviorally harassed in a manner considered to be Level B harassment when exposed to underwater anthropogenic noise above root-mean-squared pressure received levels (RMS SPL) of 120 dB re 1 μPa for continuous (
                        <E T="03">e.g.,</E>
                         vibratory pile driving, drilling) and above RMS SPL 160 dB re 1 μPa for non-explosive impulsive (
                        <E T="03">e.g.,</E>
                         seismic airguns) or intermittent (
                        <E T="03">e.g.,</E>
                         scientific sonar) sources. Generally speaking, Level B harassment take estimates based on these thresholds are expected to include any likely takes by TTS as, in most cases, the likelihood of TTS occurs at distances from the source smaller than those at which behavioral harassment is likely. TTS of a sufficient degree can manifest as behavioral harassment, as reduced hearing sensitivity and the potential reduced opportunities to detect important signals (conspecific communication, predators, prey) may result in changes in behavior patterns that would not otherwise occur.
                    </P>
                    <P>Furie's proposed activity includes the use of continuous (tugs towing rig) and impulsive (impact pile driving) sources, and therefore the RMS SPL thresholds of 120 and 160 dB re 1 μPa are applicable.</P>
                    <P>
                        <E T="03">Level A harassment</E>
                        —NMFS' Technical Guidance for Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 2.0) (Technical Guidance, 2018) identifies dual criteria to assess auditory injury (Level A harassment) to five different marine mammal groups (based on hearing sensitivity) as a result of exposure to noise from two different types of sources (impulsive or non-impulsive). Furie's proposed activity includes the use of impulsive (impact pile driving) and non-impulsive (tugs towing and positioning rig) sources.
                    </P>
                    <P>
                        These thresholds are provided in the table below. The references, analysis, and methodology used in the development of the thresholds are described in NMFS' 2018 Technical Guidance, which may be accessed at: 
                        <E T="03">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.</E>
                    </P>
                    <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s70,r75,r60">
                        <TTITLE>Table 5—Thresholds Identifying the Onset of PTS</TTITLE>
                        <BOXHD>
                            <CHED H="1">Hearing group</CHED>
                            <CHED H="1">
                                PTS onset acoustic thresholds * 
                                <LI>(received level)</LI>
                            </CHED>
                            <CHED H="2">Impulsive</CHED>
                            <CHED H="2">Non-impulsive</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Low-Frequency (LF) cetaceans</ENT>
                            <ENT>
                                <E T="03">Cell 1: L</E>
                                <E T="0732">pk,flat</E>
                                <E T="03">:</E>
                                 219 dB; 
                                <E T="03">L</E>
                                <E T="0732">E,</E>
                                <E T="0732">LF,24h</E>
                                <E T="03">:</E>
                                 183 dB
                            </ENT>
                            <ENT>
                                <E T="03">Cell 2: L</E>
                                <E T="0732">E,</E>
                                <E T="0732">LF,24h</E>
                                <E T="03">:</E>
                                 199 dB.
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Mid-Frequency (MF) cetaceans</ENT>
                            <ENT>
                                <E T="03">Cell 3: L</E>
                                <E T="0732">pk,flat</E>
                                <E T="03">:</E>
                                 230 dB; 
                                <E T="03">L</E>
                                <E T="0732">E,</E>
                                <E T="0732">MF,24h</E>
                                <E T="03">:</E>
                                 185 dB
                            </ENT>
                            <ENT>
                                <E T="03">Cell 4: L</E>
                                <E T="0732">E,</E>
                                <E T="0732">MF,24h</E>
                                <E T="03">:</E>
                                 198 dB.
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">High-Frequency (HF) cetaceans</ENT>
                            <ENT>
                                <E T="03">Cell 5: L</E>
                                <E T="0732">pk,flat</E>
                                <E T="03">:</E>
                                 202 dB; 
                                <E T="03">L</E>
                                <E T="0732">E,</E>
                                <E T="0732">HF,24h</E>
                                <E T="03">:</E>
                                 155 dB
                            </ENT>
                            <ENT>
                                <E T="03">Cell 6: L</E>
                                <E T="0732">E,</E>
                                <E T="0732">HF,24h</E>
                                <E T="03">:</E>
                                 173 dB.
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Phocid Pinnipeds (PW) (underwater)</ENT>
                            <ENT>
                                <E T="03">Cell 7: L</E>
                                <E T="0732">pk,flat</E>
                                <E T="03">:</E>
                                 218 dB; 
                                <E T="03">L</E>
                                <E T="0732">E,</E>
                                <E T="0732">PW,24h</E>
                                <E T="03">:</E>
                                 185 dB
                            </ENT>
                            <ENT>
                                <E T="03">Cell 8: L</E>
                                <E T="0732">E,</E>
                                <E T="0732">PW,24h</E>
                                <E T="03">:</E>
                                 201 dB.
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Otariid Pinnipeds (OW) (underwater)</ENT>
                            <ENT>
                                <E T="03">Cell 9: L</E>
                                <E T="0732">pk,flat</E>
                                <E T="03">:</E>
                                 232 dB; 
                                <E T="03">L</E>
                                <E T="0732">E,</E>
                                <E T="0732">OW,24h</E>
                                <E T="03">:</E>
                                 203 dB
                            </ENT>
                            <ENT>
                                <E T="03">Cell 10: L</E>
                                <E T="0732">E,</E>
                                <E T="0732">OW,24h</E>
                                <E T="03">:</E>
                                 219 dB.
                            </ENT>
                        </ROW>
                        <TNOTE>* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered.</TNOTE>
                        <TNOTE>
                            <E T="03">Note:</E>
                             Peak sound pressure (
                            <E T="03">L</E>
                            <E T="0732">pk</E>
                            ) has a reference value of 1 µPa, and cumulative sound exposure level (
                            <E T="03">L</E>
                            <E T="0732">E</E>
                            ) has a reference value of 1µPa
                            <SU>2</SU>
                            s. In this table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript “flat” is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (
                            <E T="03">i.e.,</E>
                             varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.
                        </TNOTE>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Ensonified Area</HD>
                    <P>Here, we describe operational and environmental parameters of the activity that are used in estimating the area ensonified above the acoustic thresholds, including source levels and transmission loss (TL) coefficient.</P>
                    <P>
                        The sound field in the project area is the existing background noise plus additional noise from the proposed project. Marine mammals are expected to be affected via sound generated by the primary components of the project (
                        <E T="03">i.e.,</E>
                         pile driving and tug towing and positioning). The calculated distance to the farthest Level B harassment isopleth is approximately 4,483 m (2.8 miles (mi)).
                        <PRTPAGE P="51118"/>
                    </P>
                    <P>The project includes impact installation of up to two 20-inch conductor pipe piles in each year. The monopod leg of the JRP will encase the well slot, which will encase the conductor pipes; therefore, some attenuation is expected during conductor pipe pile installation. However, water-filled isolation casings (such as the well slot and caisson at the JRP) are expected to provide limited sound attenuation (Caltrans 2015). Due to the well slot's reflective surfaces and the monopod leg's caisson inside the JRP, some attenuation of the impact noise is expected before reaching the open water. However, lacking project-specific empirical data for a 20-inch conductor installed within a well slot located within a monopod leg, the unaltered sound source levels (SSLs) from U.S. Navy (2015) are used to calculate Level A harassment and Level B harassment isopleths.</P>
                    <P>
                        For tug activities, as described in 87 FR 27597 (May 9, 2022), Hilcorp conducted a literature review of available source level data for tugs under load in varying power output scenarios. Table 6 below provides values of measured source levels for tugs varying from 2,000 to 8,200 horsepower. For the purposes of this table, berthing activities could include tugs either pushing or pulling a load. The SSLs appear correlated to speed and power output, with full power output and higher speeds generating more propeller cavitation and greater SSLs than lower power output and lower speeds. Additional tug source levels are available from the literature but they are not specific to tugs under load but rather measured values for tugs during activities such as transiting, docking, and anchor pulling. For a summary of these additional tug values, see table 7 in Hilcorp's 2022 IHA application, available at 
                        <E T="03">https://www.fisheries.noaa.gov/action/incidental-take-authorization-hilcorp-alaska-llc-oil-and-gas-activities-cook-inlet-alaska-0.</E>
                    </P>
                    <GPOTABLE COLS="7" OPTS="L2,i1" CDEF="s50,12,12,r50,12,12,r50">
                        <TTITLE>Table 6—Literature Values of Measured Tug Source Levels</TTITLE>
                        <BOXHD>
                            <CHED H="1">Vessel</CHED>
                            <CHED H="1">
                                Vessel length
                                <LI>(m)</LI>
                            </CHED>
                            <CHED H="1">
                                Speed
                                <LI>(knots)</LI>
                            </CHED>
                            <CHED H="1">Activity</CHED>
                            <CHED H="1">
                                Source level @1 m
                                <LI>(re: 1 µPa)</LI>
                            </CHED>
                            <CHED H="1">Horsepower</CHED>
                            <CHED H="1">Reference</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Eagle</ENT>
                            <ENT>32</ENT>
                            <ENT>9.6</ENT>
                            <ENT>Towing barge</ENT>
                            <ENT>173</ENT>
                            <ENT>6,770</ENT>
                            <ENT>
                                Bassett 
                                <E T="03">et al.</E>
                                 2012.
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Valor</ENT>
                            <ENT>30</ENT>
                            <ENT>8.4</ENT>
                            <ENT>Towing barge</ENT>
                            <ENT>168</ENT>
                            <ENT>2,400</ENT>
                            <ENT/>
                        </ROW>
                        <ROW>
                            <ENT I="01">Lela Joy</ENT>
                            <ENT>24</ENT>
                            <ENT>4.9</ENT>
                            <ENT>Towing barge</ENT>
                            <ENT>172</ENT>
                            <ENT>2,000</ENT>
                            <ENT/>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pacific Eagle</ENT>
                            <ENT>28</ENT>
                            <ENT>8.2</ENT>
                            <ENT>Towing barge</ENT>
                            <ENT>165</ENT>
                            <ENT>2,000</ENT>
                            <ENT/>
                        </ROW>
                        <ROW>
                            <ENT I="01">Shannon</ENT>
                            <ENT>30</ENT>
                            <ENT>9.3</ENT>
                            <ENT>Towing barge</ENT>
                            <ENT>171</ENT>
                            <ENT>2,000</ENT>
                            <ENT/>
                        </ROW>
                        <ROW>
                            <ENT I="01">James T Quigg</ENT>
                            <ENT>30</ENT>
                            <ENT>7.9</ENT>
                            <ENT>Towing barge</ENT>
                            <ENT>167</ENT>
                            <ENT>2,000</ENT>
                            <ENT/>
                        </ROW>
                        <ROW>
                            <ENT I="01">Island Scout</ENT>
                            <ENT>30</ENT>
                            <ENT>5.8</ENT>
                            <ENT>Towing barge</ENT>
                            <ENT>174</ENT>
                            <ENT>4,800</ENT>
                            <ENT/>
                        </ROW>
                        <ROW>
                            <ENT I="01">Chief</ENT>
                            <ENT>34</ENT>
                            <ENT>11.4</ENT>
                            <ENT>Towing barge</ENT>
                            <ENT>174</ENT>
                            <ENT>8,200</ENT>
                            <ENT/>
                        </ROW>
                        <ROW>
                            <ENT I="01">Lauren Foss</ENT>
                            <ENT>45</ENT>
                            <ENT>N/A</ENT>
                            <ENT>Berthing barge</ENT>
                            <ENT>167</ENT>
                            <ENT>8,200</ENT>
                            <ENT>
                                Austin 
                                <E T="03">et al.</E>
                                 2013.
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Seaspan Resolution</ENT>
                            <ENT>30</ENT>
                            <ENT>N/A</ENT>
                            <ENT>Berthing at half power</ENT>
                            <ENT>180</ENT>
                            <ENT>6,000</ENT>
                            <ENT>Roberts Bank Terminal 2 Technical Report 2014.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Seaspan Resolution</ENT>
                            <ENT>30</ENT>
                            <ENT>N/A</ENT>
                            <ENT>Berthing at full power</ENT>
                            <ENT>200</ENT>
                            <ENT>6,000</ENT>
                            <ENT/>
                        </ROW>
                    </GPOTABLE>
                    <P>The Roberts Bank Terminal 2 Technical Report (2014), although not in Cook Inlet, includes repeated measurements of the same tug operating under different speeds and loads. This allows for a comparison of source levels from the same vessel at half power versus full power, which is an important distinction for Furie's activities, as a small fraction of the total time spent by tugs under load will be at greater than 50 percent power. The Seaspan Resolution's half-power berthing scenario has a sound source level of 180 dB re 1 μPa at 1 m. In addition, the Roberts Bank Report (2014) analyzed 650 tug transits under varying load and speed conditions and reported mean tug source levels of 179.3 dB re 1 μPa at 1 m; the 25th percentile was 179.0 dB re 1 μPa at 1 m, and 5th percentile source levels were 184.9 dB re 1 μPa at 1 m.</P>
                    <P>
                        Based solely on the literature review, a source level of 180 dB for a single tug under load would be appropriate. However, Furie's use of a three tug configuration would increase the literature source level to approximately 185 dB at 1 m (Lawrence 
                        <E T="03">et al.</E>
                         2022, as cited in Weston and SLR 2022).
                    </P>
                    <P>
                        As described above in the 
                        <E T="03">Detailed Description of the Specific Activity</E>
                         section, based on in situ measurements of Hilcorp's tug and a review of the available literature of tugs under load described above, NMFS finds that a source level of 185 dB re 1 µPa is appropriate for Furie's three tug configuration for towing the rig.
                    </P>
                    <P>
                        As described above in the 
                        <E T="03">Detailed Description of the Specific Activity</E>
                         section, Furie may need to use four tugs to position the rig at the JRP. The SPL
                        <E T="52">RMS</E>
                         of 185 dB for three tugs at 50 percent power implies each tug individually has a source level of 180.2 dB SPL
                        <E T="52">rms</E>
                         because the addition of three equal-intensity sound signals adds 4.8 dB to the sound level of a single source (Engineering Toolbox 2023). Each doubling of sound intensity adds 3 dB to the baseline (Engineering Toolbox 2023), and four tugs represents two doublings of a single source. Therefore, adding 6 dB to the 180.2 dB baseline results in an expected SSL of 186.2 dB rms SPL for the use of four tugs. Source levels for each activity are presented in table 7.
                    </P>
                    <GPOTABLE COLS="3" OPTS="L2,i1" CDEF="s100,r50,r50">
                        <TTITLE>Table 7—SSLs for Project Activities</TTITLE>
                        <BOXHD>
                            <CHED H="1">Sound source</CHED>
                            <CHED H="1">SSL</CHED>
                            <CHED H="2">SEL</CHED>
                            <CHED H="2">
                                SPL
                                <E T="0732">RMS</E>
                            </CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">3 tugs at 50 percent power</ENT>
                            <ENT/>
                            <ENT>185 dB at 1 m.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">4 tugs at 50 percent power</ENT>
                            <ENT/>
                            <ENT>186.2 dB at 1 m.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Conductor pipe pile (20 in, impact)</ENT>
                            <ENT>184 dB at 1 m</ENT>
                            <ENT>193 dB at 10 m.</ENT>
                        </ROW>
                    </GPOTABLE>
                    <PRTPAGE P="51119"/>
                    <P>
                        Several factors will determine the duration that the tugboats are towing the Enterprise 151, including the origin and destination of the towing route (
                        <E T="03">e.g.,</E>
                         Rig Tenders Dock, the JRP, one of Hilcorp's platforms) and the tidal conditions. The power output will be variable and influenced by the prevailing wind direction and velocity, the current velocity, and the tidal stage. To the extent feasible, transport will be timed with the tide to minimize towing duration and power output.
                    </P>
                    <P>TL is the decrease in acoustic intensity as an acoustic pressure wave propagates out from a source. TL parameters vary with frequency, temperature, sea conditions, current, source and receiver depth, water depth, water chemistry, and bottom composition and topography. The general formula for underwater TL is:</P>
                    <FP SOURCE="FP-2">TL = B * Log10 (R1/R2),</FP>
                    <EXTRACT>
                        <FP SOURCE="FP-2">Where</FP>
                        <FP SOURCE="FP-2">TL = transmission loss in dB</FP>
                        <FP SOURCE="FP-2">B = transmission loss coefficient</FP>
                        <FP SOURCE="FP-2">R1 = the distance of the modeled SPL from the driven pile, and</FP>
                        <FP SOURCE="FP-2">R2 = the distance from the driven pile of the initial measurement</FP>
                    </EXTRACT>
                    <P>Absent site-specific acoustical monitoring with differing measured TL, a practical spreading value of 15 is used as the TL coefficient in the above formula. Site-specific TL data for pile driving at the JRP site are not available; therefore, the default coefficient of 15 is used to determine the distances to the Level A harassment and Level B harassment thresholds for conductor pile driving.</P>
                    <P>
                        For its tugging activities, Hilcorp contracted SLR Consulting to model the extent of the Level B harassment isopleth as well as the extent of the Level A harassment isopleth for their proposed tugging using three tugs. Rather than applying practical spreading loss, SLR Consulting created a more detailed propagation loss model in an effort to improve the accuracy of the results by considering the influence of environmental variables (
                        <E T="03">e.g.,</E>
                         bathymetry) at Hilcorp's specific well sites. Modeling was conducted using dBSea software. The fluid parabolic equation modeling algorithm was used with 5 Padé terms (see pg. 57 in Hilcorp's application, available at 
                        <E T="03">https://www.fisheries.noaa.gov/action/incidental-take-authorization-hilcorp-alaska-llc-oil-and-gas-activities-cook-inlet-alaska-0,</E>
                         for more detail) to calculate the TL between the source and the receiver at low frequencies (1/3-octave bands, 31.5 Hz up to 1 kHz). For higher frequencies (1 kHz up to 8 kHz) the ray tracing model was used with 1,000 reflections for each ray. Sound sources were assumed to be omnidirectional and modeled as points. The received sound levels for the project were calculated as follows: (1) One-third octave source spectral levels were obtained via reference spectral curves with subsequent corrections based on their corresponding overall source levels; (2) TL was modeled at one-third octave band central frequencies along 100 radial paths at regular increments around each source location, out to the maximum range of the bathymetry data set or until constrained by land; (3) The bathymetry variation of the vertical plane along each modeling path was obtained via interpolation of the bathymetry dataset which has 83 m grid resolution; (4) The one-third octave source levels and TL were combined to obtain the received levels as a function of range, depth, and frequency; and (5) The overall received levels were calculated at a 1 m depth resolution along each propagation path by summing all frequency band spectral levels.
                    </P>
                    <P>
                        Bathymetry data used in the model was collected from the NOAA National Centers for Environmental Information (AFSC 2019). Using NOAA's temperature and salinity data, sound speed profiles were computed for depths from 0 to 100 m for May, July, and October to capture the range of possible sound speed depending on the time of year Hilcorp's work could be conducted. These sound speed profiles were compiled using the Mackenzie Equation (1981) and are presented in table 8 of Hilcorp's application (available at 
                        <E T="03">https://www.fisheries.noaa.gov/action/incidental-take-authorization-hilcorp-alaska-llc-oil-and-gas-activities-cook-inlet-alaska-0</E>
                        ). Geoacoustic parameters were also incorporated into the model. The parameters were based on substrate type and their relation to depth. These parameters are presented in table 9 of Hilcorp's application (available at 
                        <E T="03">https://www.fisheries.noaa.gov/action/incidental-take-authorization-hilcorp-alaska-llc-oil-and-gas-activities-cook-inlet-alaska-0</E>
                        ).
                    </P>
                    <P>Detailed broadband sound TL modeling in dBSea used the source level of 185 dB re 1 μPa at 1 m calculated in one-third octave band levels (31.5 Hz to 64,000 Hz) for frequency dependent solutions. The frequencies associated with tug sound sources occur within the hearing range of marine mammals in Cook Inlet. Received levels for each hearing marine mammal group based on one-third octave auditory weighting functions were also calculated and integrated into the modeling scenarios of dBSea. For modeling the distances to relevant PTS thresholds, a weighting factor adjustment was not used; instead, the data on the spectrum associated with their source was used and incorporated the full auditory weighting function for each marine mammal hearing group.</P>
                    <P>Furie plans to use the tugs towing the rig for two functions, rig positioning and towing. The activity was divided into two parts (stationary and mobile) and two approaches were taken for modeling the relevant isopleths.</P>
                    <P>SLR's model, described above, calculated the Level B harassment isopleth propagating from three tugs towing a jack-up rig at 25 locations between Hilcorp platforms and well sites and the Rig Tenders Dock in Nikiski, Alaska. The average Level B harassment isopleth across all locations and seasons was determined to be 3,850 m (Weston and SLR 2022). Given that Furie is conducting the same three tug activity as Hilcorp, also in middle Cook Inlet, Furie estimates, and NMFS concurs, that 3,850 m is also an appropriate estimate of its Level B harassment zone for tugging using three tugs. Similarly, Hilcorp modeled Level A harassment zones for each hearing group; Furie proposed using these Level A harassment zones for its towing and positioning activities using three tugs, and NMFS concurs. These zones are included in table 8.</P>
                    <P>As described in the Description of Proposed Activity section, when positioning the rig, Furie may use four tugs for up to 1 hour. Hilcorp did not model a Level B harassment zone accounting for the use of four tugs. Furie estimated the Level B harassment zones for tugging and positioning with four tugs using a sound source level of 186.2 dB and a TL of 18.129.</P>
                    <P>
                        NMFS estimated the Level A harassment zones from the use of four tugs using its User Spreadsheet and the Level A harassment zones modeled by Hilcorp for the use of three tugs. First, NMFS calculated the Level A harassment zones for the three tug scenario using the User Spreadsheet (sound source level of 185 dB, 5 hours of sound production, and a propagation loss coefficient of 18.129). Next, NMFS calculated the Level A harassment zones for the “combined scenario” (use of three tugs for 5 hours and four tugs for 1 hour, combined). NMFS then calculated the ratio between the three tug scenario and the combined scenario. For all hearing groups the combined scenario Level A harassment isopleths are 13.8 percent larger than the three tug scenario. Rather than using the Level A harassment isopleths for the combined 
                        <PRTPAGE P="51120"/>
                        scenario that were calculated using the User Spreadsheet, NMFS applied a 13.8 percent increase to the three tug Level A harassment isopleths modeled by Hilcorp, given that those isopleths are more conservative than the isopleths NMFS calculated using the User Spreadsheet. The Level A harassment isopleths that Furie will implement are included in table 10.
                    </P>
                    <P>The Level B harassment isopleth from the use of four tugs is 4,483 m, as described in Furie's application and included in table 6, calculated using a sound source level of 186.2 dB SPL. NMFS concurs and proposes a Level B harassment zone of 4,483 m for tugging and positioning using four tugs (table 10).</P>
                    <GPOTABLE COLS="4" OPTS="L2,i1" CDEF="s100,12,12,12">
                        <TTITLE>Table 8—User Spreadsheet Inputs (Source Levels Provided in Table 7)</TTITLE>
                        <BOXHD>
                            <CHED H="1">Source</CHED>
                            <CHED H="1">Number of strikes per pile</CHED>
                            <CHED H="1">Number of piles per day</CHED>
                            <CHED H="1">Transmission loss coefficient</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Conductor pipe pile, Day 1 (70 percent installation)</ENT>
                            <ENT>6,100</ENT>
                            <ENT>0.7</ENT>
                            <ENT>15</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Conductor pipe pile, Day 2 (30 percent installation)</ENT>
                            <ENT O="xl"/>
                            <ENT>0.3</ENT>
                        </ROW>
                    </GPOTABLE>
                    <GPOTABLE COLS="6" OPTS="L2,i1" CDEF="s100,12,12,12,12,12">
                        <TTITLE>Table 9—Level A Harassment Isopleths Calculated Using NMFS' User Spreadsheet, and Used To Determine the Ratio Between the Three Tug Scenario and Three and Four Tugs Combined Scenario</TTITLE>
                        <BOXHD>
                            <CHED H="1">Scenario</CHED>
                            <CHED H="1">
                                Level A harassment isopleth
                                <LI>(m)</LI>
                            </CHED>
                            <CHED H="2">
                                Low-
                                <LI>Frequency Cetaceans</LI>
                            </CHED>
                            <CHED H="2">
                                Mid-
                                <LI>Frequency Cetaceans</LI>
                            </CHED>
                            <CHED H="2">
                                High-
                                <LI>Frequency Cetaceans</LI>
                            </CHED>
                            <CHED H="2">Phocid Pinnipeds</CHED>
                            <CHED H="2">Otariid Pinnipeds</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Three Tug Scenario Level A harassment Isopleth</ENT>
                            <ENT>17.2</ENT>
                            <ENT>9.7</ENT>
                            <ENT>178.9</ENT>
                            <ENT>9.1</ENT>
                            <ENT>0.9</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Combined Scenario Level A harassment Isopleth</ENT>
                            <ENT>19.6</ENT>
                            <ENT>11.0</ENT>
                            <ENT>203.6</ENT>
                            <ENT>10.3</ENT>
                            <ENT>1.0</ENT>
                        </ROW>
                    </GPOTABLE>
                    <P>The ensonified area associated with Level A harassment is more technically challenging to predict due to the need to account for a duration component. Therefore, NMFS developed an optional User Spreadsheet tool to accompany the Technical Guidance that can be used to relatively simply predict an isopleth distance for use in conjunction with marine mammal density or occurrence to help predict potential takes. We note that because of some of the assumptions included in the methods underlying this optional tool, we anticipate that the resulting isopleth estimates are typically overestimates of some degree, which may result in an overestimate of potential take by Level A harassment. However, this optional tool offers the best way to estimate isopleth distances when more sophisticated modeling methods are not available or practical. For stationary sources such as conductor pipe pile driving and rig positioning, the optional User Spreadsheet tool predicts the distance at which, if a marine mammal remained at that distance for the duration of the activity, it would be expected to incur PTS. For mobile sources such as tugging, the optional User Spreadsheet tool predicts the closest distance at which a stationary animal would not be expected to incur PTS if the sound source traveled by the stationary animal in a straight line at a constant speed. Inputs used in the optional User Spreadsheet tool, and the resulting estimated isopleths, are reported below.</P>
                    <GPOTABLE COLS="7" OPTS="L2,i1" CDEF="s100,12,12,12,12,12,12">
                        <TTITLE>Table 10—Level A Harassment and Level B Harassment Isopleths From Tugging and Impact Pile Driving</TTITLE>
                        <BOXHD>
                            <CHED H="1">Sound source</CHED>
                            <CHED H="1">
                                Level A 
                                <LI>harassment isopleths </LI>
                                <LI>(m)</LI>
                            </CHED>
                            <CHED H="1">
                                Level B harassment isopleths 
                                <LI>(m)</LI>
                            </CHED>
                            <CHED H="2">LF</CHED>
                            <CHED H="2">MF</CHED>
                            <CHED H="2">HF</CHED>
                            <CHED H="2">PW</CHED>
                            <CHED H="2">OW</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Conductor pipe pile, 70 percent installation</ENT>
                            <ENT>3,064</ENT>
                            <ENT>109</ENT>
                            <ENT>3,650</ENT>
                            <ENT>1,640</ENT>
                            <ENT>119</ENT>
                            <ENT>1,585</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Conductor pipe pile, 30 percent installation</ENT>
                            <ENT>1,742</ENT>
                            <ENT>62</ENT>
                            <ENT>2,075</ENT>
                            <ENT>932</ENT>
                            <ENT>68</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">
                                Tugging/Positioning, 3 Tugs 
                                <SU>1</SU>
                            </ENT>
                            <ENT>95</ENT>
                            <ENT>78</ENT>
                            <ENT>679</ENT>
                            <ENT>69</ENT>
                            <ENT>0</ENT>
                            <ENT>3,850</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">
                                Tugging/Positioning, 4 Tugs 
                                <SU>2</SU>
                            </ENT>
                            <ENT>108</ENT>
                            <ENT>89</ENT>
                            <ENT>773</ENT>
                            <ENT>79</ENT>
                            <ENT>1</ENT>
                            <ENT>4,483</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                             These zones are results from Hilcorp's modeling.
                        </TNOTE>
                        <TNOTE>
                            <SU>2</SU>
                             For otariids, Hilcorp's model estimated a Level A harassment zone of 0 during tugging/positioning with three tugs. Therefore, for four tugs, NMFS applied the Level A harassment zone calculating with the User Spreadsheet.
                        </TNOTE>
                    </GPOTABLE>
                    <HD SOURCE="HD2">Marine Mammal Occurrence</HD>
                    <P>In this section we provide information about the occurrence of marine mammals, including density or other relevant information which will inform the take calculations.</P>
                    <P>
                        Densities for marine mammals in Cook Inlet were derived from NMFS' Marine Mammal Laboratory (MML) aerial surveys, typically flown in June, from 2000 to 2018 (Rugh 
                        <E T="03">et al.</E>
                         2005; Shelden 
                        <E T="03">et al.</E>
                         2013, 2015, 2017, 2019). While the surveys are concentrated for a few days in June annually, which may skew densities for seasonally present species, they are still the best available long-term dataset of marine mammal sightings available in Cook Inlet. (Note that while more recent surveys have been conducted and published (Shelden 
                        <E T="03">et al.</E>
                         2022; Goetz 
                        <E T="03">et al.</E>
                         2023), the surveyed area was not included in either report, therefore they were not used to calculate density). Density was calculated by summing the total number of animals observed and dividing the number sighted by the area surveyed. 
                        <PRTPAGE P="51121"/>
                        The total number of animals observed accounts for both lower and upper Cook Inlet. There are no density estimates available for California sea lions and Pacific white-sided dolphins in Cook Inlet, as they are so infrequently sighted. Densities are presented in table 11.
                    </P>
                    <GPOTABLE COLS="2" OPTS="L2,i1" CDEF="s50,18">
                        <TTITLE>Table 11—Marine Mammal Densities</TTITLE>
                        <BOXHD>
                            <CHED H="1">Species</CHED>
                            <CHED H="1">
                                Density
                                <LI>
                                    (individuals/km
                                    <SU>2</SU>
                                    )
                                </LI>
                            </CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Humpback whale</ENT>
                            <ENT>0.00177</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Minke whale</ENT>
                            <ENT>0.000009</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Gray whale</ENT>
                            <ENT>0.000075</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Fin whale</ENT>
                            <ENT>0.000311</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Killer whale</ENT>
                            <ENT>0.000601</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Beluga (Trading Bay)</ENT>
                            <ENT>0.004453-0.015053</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Beluga (North Cook Inlet)</ENT>
                            <ENT>0.001664</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Dall's porpoise</ENT>
                            <ENT>0.000154</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Harbor porpoise</ENT>
                            <ENT>0.004386</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pacific white-sided dolphin</ENT>
                            <ENT>0</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Harbor seal</ENT>
                            <ENT>0.241401</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Steller sea lion</ENT>
                            <ENT>0.007609</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">California sea lion</ENT>
                            <ENT>0</ENT>
                        </ROW>
                    </GPOTABLE>
                    <P>
                        For the beluga whale density, Furie, and subsequently NMFS, used the Goetz 
                        <E T="03">et al.</E>
                         (2012) habitat-based model. This model is derived from sightings and incorporates depth soundings, coastal substrate type, environmental sensitivity index, anthropogenic disturbance, and anadromous fish streams to predict densities throughout Cook Inlet. The output of this model is a beluga density map of Cook Inlet, which predicts spatially explicit density estimates for Cook Inlet belugas. Using the resulting grid densities, average densities were calculated for two regions applicable to Furie's operations. The densities applicable to the area of activity (
                        <E T="03">i.e.,</E>
                         the North Cook Inlet Unit density for middle Cook Inlet activities and the Trading Bay density for activities in Trading Bay) are provided in table 11 and were carried forward to the take estimates. Likewise, when a range is given, the higher end of the range was conservatively used to calculate take estimates (
                        <E T="03">i.e.,</E>
                         Trading Bay in the Goetz model has a range of 0.004453 to 0.015053; 0.015053 was used for the take estimates).
                    </P>
                    <HD SOURCE="HD2">Take Estimation</HD>
                    <P>Here we describe how the information provided above is synthesized to produce a quantitative estimate of the take that is reasonably likely to occur and proposed for authorization in each IHA.</P>
                    <HD SOURCE="HD3">Year 1 IHA</HD>
                    <P>
                        As described above, Furie plans to conduct rig towing and positioning and may install up to two conductor piles using an impact hammer in Year 1. To estimate take by Level B harassment from tugging, for each species, Furie summed the estimated take for towing the rig at the beginning of the season, positioning the rig, and towing the rig at the end of the season. To estimate take for towing the rig (beginning and end of season), Furie multiplied the area of the Level B harassment zone (316.1 km
                        <SU>2</SU>
                        ; inclusive of the full potential tug path of 35 km) by the species density (table 11). To estimate take for positioning the rig, Furie multiplied the maximum area of the Level B harassment zone (63.1 km
                        <SU>2</SU>
                        , four tugs) by the species density (table 11), by the number of potential positioning attempts (two attempts). NMFS concurs that this method for estimating take from tugging activities is appropriate.
                    </P>
                    <P>
                        To estimate take by Level B harassment from installation of conductor piles, Furie multiplied the Level B harassment zone (7.98 km
                        <SU>2</SU>
                        ) by the species density (table 11) by the estimated number of days that conductor pile installation would occur (4 days, 2 per pile). The Level B harassment zone used in the calculation conservatively assumes 70 percent installation of a conductor pile on a given day, and therefore, on 2 of the 4 days that conductor piles would be installed, the Level B harassment zone would likely be smaller. NMFS concurs that this method for estimating take from pile driving activities is appropriate.
                    </P>
                    <P>NMFS summed the estimated take by Level B harassment from tugging and pile driving activities for each species. For species where the total calculated take by Level B harassment is less than the estimated group size for that species, NMFS rounded up the take by Level B harassment proposed for authorization to the anticipated group size. Take proposed for authorization during Year 1 activities is included in table 12.</P>
                    <P>Based on the analysis described above, NMFS does not propose to authorize take by Level A harassment related to Furie's tugging activity. For mobile tugging activity, the distances to the PTS thresholds for high frequency cetaceans (the only hearing group for which modeling results in a Level A harassment zone greater than 0 m) are smaller than the overall size of the tug and rig configuration, making it unlikely a cetacean would remain close enough to the tug engines for a long enough duration to incur PTS. For stationary positioning of the rig, the PTS isopleths are up to 679 m for high frequency cetaceans, but calculated with the assumption that an animal would remain within several hundred meters of the rig for the full 5 hours of noise-producing activity which is unlikely. Therefore, take by Level A harassment due to stationary or mobile tugging is neither anticipated nor proposed for authorization.</P>
                    <P>For conductor pile installation, NMFS anticipates take by Level A harassment for harbor seal only. For all other species, calculated take by Level A harassment takes is less than one. Considering that along with the low likelihood that an individual of these species would enter and remain within the Level A harassment zone for long enough to incur PTS, particularly in consideration of implementation of required shutdown zones, Furie did not request, nor does NMFS propose to authorize, take by Level A harassment. For harbor seal, NMFS proposes to authorize three takes by Level A harassment, conservatively rounded up from 2.7 Level A harassment takes calculated.</P>
                    <GPOTABLE COLS="9" OPTS="L2,p7,7/8,i1" CDEF="s50,12,12,12,12,12,12,12,12">
                        <TTITLE>Table 12—Estimated Take by Level B Harassment, by Species, Activity, and in Total, Year 1</TTITLE>
                        <BOXHD>
                            <CHED H="1">Species</CHED>
                            <CHED H="1">Rig tow, 3 tugs</CHED>
                            <CHED H="2">
                                Ensonified area
                                <LI>
                                    (km
                                    <SU>2</SU>
                                    ) 
                                    <SU>1</SU>
                                </LI>
                            </CHED>
                            <CHED H="2">
                                Calculated take by
                                <LI>Level B</LI>
                                <LI>
                                    harassment 
                                    <SU>2</SU>
                                </LI>
                            </CHED>
                            <CHED H="1">Rig positioning, 4 tugs</CHED>
                            <CHED H="2">
                                Ensonified area
                                <LI>
                                    (km
                                    <SU>2</SU>
                                    )
                                </LI>
                            </CHED>
                            <CHED H="2">
                                Calculated take by
                                <LI>Level B</LI>
                                <LI>
                                    harassment 
                                    <SU>3</SU>
                                </LI>
                            </CHED>
                            <CHED H="1">Conductor pile installation</CHED>
                            <CHED H="2">
                                Ensonified area
                                <LI>
                                    (km
                                    <SU>2</SU>
                                    )
                                </LI>
                            </CHED>
                            <CHED H="2">
                                Calculated take by
                                <LI>Level B</LI>
                                <LI>
                                    harassment 
                                    <SU>4</SU>
                                </LI>
                            </CHED>
                            <CHED H="1">
                                Total year 1 estimated
                                <LI>take by</LI>
                                <LI>Level B</LI>
                                <LI>harassment</LI>
                            </CHED>
                            <CHED H="1">
                                Proposed
                                <LI>take by</LI>
                                <LI>Level B</LI>
                                <LI>
                                    harassment 
                                    <SU>a</SU>
                                </LI>
                            </CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Humpback whale</ENT>
                            <ENT>316.1</ENT>
                            <ENT>1.2</ENT>
                            <ENT>63.1</ENT>
                            <ENT>0.2</ENT>
                            <ENT>7.89</ENT>
                            <ENT>0.06</ENT>
                            <ENT>1.5</ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Minke whale</ENT>
                            <ENT/>
                            <ENT>0.006</ENT>
                            <ENT/>
                            <ENT>0.001</ENT>
                            <ENT/>
                            <ENT>0.0003</ENT>
                            <ENT>0.007</ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Gray whale</ENT>
                            <ENT/>
                            <ENT>0.04</ENT>
                            <ENT/>
                            <ENT>0.009</ENT>
                            <ENT/>
                            <ENT>0.002</ENT>
                            <ENT>0.05</ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Fin whale</ENT>
                            <ENT/>
                            <ENT>0.2</ENT>
                            <ENT/>
                            <ENT>0.04</ENT>
                            <ENT/>
                            <ENT>0.01</ENT>
                            <ENT>0.3</ENT>
                            <ENT>2</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Killer whale</ENT>
                            <ENT/>
                            <ENT>0.4</ENT>
                            <ENT/>
                            <ENT>0.08</ENT>
                            <ENT/>
                            <ENT>0.02</ENT>
                            <ENT>0.5</ENT>
                            <ENT>10</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Beluga (Trading Bay)</ENT>
                            <ENT/>
                            <ENT>0.5</ENT>
                            <ENT/>
                            <ENT>0.2</ENT>
                            <ENT/>
                            <ENT>0.05</ENT>
                            <ENT>0.8</ENT>
                            <ENT>11</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Beluga (NCI)</ENT>
                            <ENT/>
                            <ENT>4.8</ENT>
                            <ENT/>
                            <ENT>NA</ENT>
                            <ENT/>
                            <ENT>NA</ENT>
                            <ENT>4.8</ENT>
                            <ENT/>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="51122"/>
                            <ENT I="01">Dall's porpoise</ENT>
                            <ENT/>
                            <ENT>0.1</ENT>
                            <ENT/>
                            <ENT>0.01</ENT>
                            <ENT/>
                            <ENT>0.005</ENT>
                            <ENT>0.1</ENT>
                            <ENT>6</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Harbor porpoise</ENT>
                            <ENT/>
                            <ENT>2.8</ENT>
                            <ENT/>
                            <ENT>0.3</ENT>
                            <ENT/>
                            <ENT>0.1</ENT>
                            <ENT>3.2</ENT>
                            <ENT>12</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pacific white-sided dolphin</ENT>
                            <ENT/>
                            <ENT>0.000</ENT>
                            <ENT/>
                            <ENT>0.000</ENT>
                            <ENT/>
                            <ENT>0.000</ENT>
                            <ENT>0.000</ENT>
                            <ENT>3</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Harbor seal</ENT>
                            <ENT/>
                            <ENT>152.6</ENT>
                            <ENT/>
                            <ENT>15.2</ENT>
                            <ENT/>
                            <ENT>7.6</ENT>
                            <ENT>175.4</ENT>
                            <ENT>176</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Steller sea lion</ENT>
                            <ENT/>
                            <ENT>4.8</ENT>
                            <ENT/>
                            <ENT>0.5</ENT>
                            <ENT/>
                            <ENT>0.2</ENT>
                            <ENT>5.5</ENT>
                            <ENT>6</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">California sea lion</ENT>
                            <ENT/>
                            <ENT>0.000</ENT>
                            <ENT/>
                            <ENT>0.000</ENT>
                            <ENT/>
                            <ENT>0.000</ENT>
                            <ENT>0.000</ENT>
                            <ENT>2</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                             This zone assumes a 35 km towing distance (the farthest potential distance that Furie may need to tow the rig).
                        </TNOTE>
                        <TNOTE>
                            <SU>2</SU>
                             Level B harassment zone area × density × 2 (towing at beginning and end of season), with the exception of Cook Inlet beluga whale. For Cook Inlet beluga whale, Furie used the Trading Bay density for the initial rig tow since the density is predicted to be higher there than in the North Cook Inlet Lease Unit (located offshore in middle Cook Inlet), and Furie may tug the rig though that area. Furie used the NCI density to estimate take for the end of season tow. NMFS concurs and has used these two separate densities in its analysis.
                        </TNOTE>
                        <TNOTE>
                            <SU>3</SU>
                             Level B harassment zone (63.1 km
                            <SU>2</SU>
                            ) × species density (table 11), × number of potential positioning attempts (2).
                        </TNOTE>
                        <TNOTE>
                            <SU>4</SU>
                             Level B harassment zone (7.89 km
                            <SU>2</SU>
                            ) × species density (table 11) × estimated number of days that conductor pile installation would occur (4).
                        </TNOTE>
                    </GPOTABLE>
                    <P>Explanations for species for which take proposed for authorization is greater than calculated take are included below.</P>
                    <P>
                        Several recent surveys and monitoring programs have documented groups of humpback whales ranging up to 14 whales in size. During the annual survey, Shelden 
                        <E T="03">et al.</E>
                         (2022) recorded a group of three humpback whales west of Kachemak Bay in June of 2022. Past annual aerial surveys have documented groups up to 12 in number (Shelden 
                        <E T="03">et al.</E>
                         2013, 2015, 2016, 2019). During Hilcorp's lower Cook Inlet seismic survey, group size ranged from 1 to 14 (Fairweather Science 2020). During monitoring of the Harvest Alaska CIPL project (the closest to Furie's Action Area), two sightings of three humpbacks were reported. During construction of the JRP in 2015, a group of 6 to 10 unidentified whales, thought to be either gray whales or humpbacks, was observed approximately 15 km northeast of the platform (Jacobs 2015). There were two sightings of three humpback whales observed near Ladd Landing north of the Forelands during the Harvest Alaska CIPL project (Sitkiewicz 
                        <E T="03">et al.</E>
                         2018). Furie requested, and NMFS is proposing to authorize, three takes of humpback whale by Level B harassment in Year 1. This estimate accounts for the potential of take of a group of two animals and a solitary animal.
                    </P>
                    <P>
                        Groups of up to three minke whales have been recorded in recent years, including one group of three southeast of Kalgin Island (Lomac-MacNair 
                        <E T="03">et al.</E>
                         2014). Other recent surveys in Cook Inlet typically have documented minkes traveling alone (Shelden 
                        <E T="03">et al.</E>
                         2013, 2015, 2017; Kendall 
                        <E T="03">et al.</E>
                         2015, as cited in Weston and SLR 2022; Fairweather Science 2020). As the occurrence of minke whales is expected to be less in middle Cook Inlet than lower Cook Inlet and considering the observed group sizes, Furie requested, and NMFS is proposing to authorize, three takes of minke whale by Level B harassment in Year 1 to account for the potential of take of a group of three minke whales.
                    </P>
                    <P>
                        During Apache's 2012 seismic program, nine gray whales were observed in June and July (Lomac-MacNair 
                        <E T="03">et al.</E>
                         2013). During Apache's seismic program in 2014, one gray whale was observed (Lomac-MacNair 
                        <E T="03">et al.</E>
                         2014). During construction of the JRP in 2015, 1 gray whale was documented approximately 5 km from the platform, and a group of 6 to 10 unidentified whales, thought to be either gray whales or humpbacks, was observed approximately 15 km northeast of the platform (Jacobs 2015). During SAExploration's seismic survey in 2015, the 2018 CIPL project, and Hilcorp's 2019 seismic survey, no gray whales were observed (Kendall 
                        <E T="03">et al.</E>
                         2015; Sitkiewicz 
                        <E T="03">et al.</E>
                         2018; Fairweather Science, 2020). None were observed during the 2018 CIPL project in middle Cook Inlet (Sitkiewicz 
                        <E T="03">et al.</E>
                         2018). In 2020 and 2021, one gray whale was reported in each season at the POA (61N 2021, 2022a). The documented occasional presence of gray whales near and north of the project area suggests that gray whale density may be seasonally higher than the relatively low density suggested by the aerial surveys. Considering the project area is in middle Cook Inlet where sightings of gray whales are less common, Furie requested, and NMFS is proposing to authorize, take of three gray whales in Year 1.
                    </P>
                    <P>
                        During seismic surveys conducted in 2019 by Hilcorp in the lower Cook Inlet, fin whales were recorded in groups ranging in size from one to 15 individuals (Fairweather, 2020). During the NMFS aerial surveys in Cook Inlet from 2000 to 2018, 10 sightings of 26 estimated individual fin whales in lower Cook Inlet were observed (Shelden 
                        <E T="03">et al.</E>
                         2013, 2015, 2016, 2019). Furie requested, and NMFS is proposing to authorize, take of one group of two fin whales (the lower end of the range of common group sizes) in Year 1.
                    </P>
                    <P>Killer whales are typically sighted in pods of a few animals to 20 or more (NOAA, 2022a). During seismic surveys conducted in 2019 by Hilcorp in the lower Cook Inlet, 21 killer whales were observed, either as single individuals or in groups ranging in size from 2 to 5 individuals (Fairweather, 2020). Furie requested 10 takes by Level B harassment in Year 1 to account for 2 groups of 5 animals. NMFS concurs and proposes to authorize 10 takes by Level B harassment of killer whale.</P>
                    <P>
                        The 2018 MML aerial survey (Shelden and Wade 2019) estimated a median group size of approximately 11 beluga whales, although group sizes were highly variable (2 to 147 whales) as was the case in previous survey years (Boyd 
                        <E T="03">et al.</E>
                         2019). Over 3 seasons of monitoring at the POA, 61N reported groups of up to 53 belugas, with a median group size of 3 and a mean group size of 4.4 (61N 2021, 2022a, 2022b, and 2022c). Additionally, vessel-based surveys in 2019 observed beluga whale groups in the Susitna River Delta (roughly 24 km [15 miles] north of the Tyonek Platform) that ranged from 5 to 200 animals (McGuire 
                        <E T="03">et al.</E>
                         2022). The very large groups seen in the Susitna River Delta are not expected in Trading Bay or offshore areas near the JRP or the towing route for the Enterprise 151. However, smaller groups (
                        <E T="03">i.e.,</E>
                         around the median group size) could be traveling through to access the Susitna River Delta and other nearby coastal locations, particularly in the shoulder seasons when belugas are more likely to occur in middle Cook Inlet. Few if any takes of beluga whale are anticipated 
                        <PRTPAGE P="51123"/>
                        during impact installation of the conductor piles. Therefore, Furie requested, and NMFS is proposing to authorize, 11 takes by Level B harassment of beluga whale in Year 1.
                    </P>
                    <P>Dall's porpoises typically occur in groups averaging between 2 and 12 individuals (NOAA, 2024b). During seismic surveys conducted in 2019 by Hilcorp in the lower Cook Inlet, Dall's porpoises were observed in groups ranging in size from two to seven individuals (Fairweather, 2020). The 2012 Apache survey recorded two groups of three individual Dall's porpoises (Lomac-MacNair, 2014). Because occurrence of Dall's porpoise is anticipated to be less in middle Cook Inlet than lower Cook Inlet, the smaller end of documented group sizes (three individuals) is used. NMFS is proposing to authorize six takes (two groups of three animals) by Level B harassment of Dall's porpoise in Year 1.</P>
                    <P>
                        Shelden 
                        <E T="03">et al.</E>
                         (2014) compiled historical sightings of harbor porpoises from lower to upper Cook Inlet that spanned from a few animals to 92 individuals. The 2018 CIPL project that occurred just north of the Action Area in Cook Inlet reported 29 sightings of 44 individuals (Sitkiewicz 
                        <E T="03">et al.</E>
                         2018). While the duration of days that the tugs are towing a jack-up rig will be less than the CIPL project, given the increase in sightings of harbor porpoise in recent years, the sighting of harbor porpoise during Hilcorp's rig move in June 2022, and the inability to shut down the tugs, Furie requested, and NMFS is proposing to authorize, 12 takes by Level B harassment of harbor porpoise. This accounts for two potential groups of six animals.
                    </P>
                    <P>
                        Calculated take of Pacific white-sided dolphin was zero because the estimated density is zero. However, in 2014, during Apache's seismic survey program, three Pacific white-sided dolphins were reported (Lomac-MacNair 
                        <E T="03">et al.</E>
                         2014). They are considered rare in most of Cook Inlet, including in the lower entrance, but their presence was documented in Iniskin Bay and mid-inlet through passive acoustic recorders in 2019 (Castellote 
                        <E T="03">et al.</E>
                         2020). Furie conservatively requested three takes based on the potential that a group similar in size to that encountered in 2014 could occur within the Level B harassment zone during project activities. NMFS concurs, and has conservatively proposed to authorize three takes of Pacific white-sided dolphin by Level B harassment.
                    </P>
                    <P>
                        Calculated take of California sea lions was zero because the assumed density in Cook Inlet is zero. Any potential sightings would likely be of lone out of habitat individuals. Two solitary individuals were seen during the 2012 Apache seismic survey in Cook Inlet (Lomac-MacNair 
                        <E T="03">et al.</E>
                         2013). Furie requested two takes based on the potential that two lone animals could be sighted over a year of work, as was seen during Apache's year of work. NMFS concurs, and has conservatively proposed to authorize two takes of California sea lion by Level B harassment.
                    </P>
                    <HD SOURCE="HD3">Year 2 IHA</HD>
                    <P>Given that Furie intends to conduct the same activities in Year 2 as in Year 1, take by Level A harassment and Level B harassment proposed for authorization for Year 2 is the same as that proposed for authorization for Year 1 (table 12).</P>
                    <GPOTABLE COLS="7" OPTS="L2,p7,7/8,i1" CDEF="s50,r100,12,12,12,12,12">
                        <TTITLE>Table 13—Take Proposed for Authorization as a Percentage of Stock Abundance</TTITLE>
                        <BOXHD>
                            <CHED H="1">Species</CHED>
                            <CHED H="1">Stock</CHED>
                            <CHED H="1">
                                Abundance
                                <LI>(Nbest)</LI>
                            </CHED>
                            <CHED H="1">Year 1</CHED>
                            <CHED H="2">
                                Total take
                                <LI>(Level A and</LI>
                                <LI>Level B</LI>
                                <LI>harassment)</LI>
                            </CHED>
                            <CHED H="2">
                                Take as a
                                <LI>percentage</LI>
                                <LI>of stock</LI>
                                <LI>abundance</LI>
                            </CHED>
                            <CHED H="1">Year 2</CHED>
                            <CHED H="2">
                                Total take
                                <LI>(Level A and</LI>
                                <LI>Level B</LI>
                                <LI>harassment)</LI>
                            </CHED>
                            <CHED H="2">
                                Take as a
                                <LI>percentage</LI>
                                <LI>of stock</LI>
                                <LI>abundance</LI>
                            </CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Humpback whale</ENT>
                            <ENT>Hawaii (Hawaii DPS)</ENT>
                            <ENT>11,278</ENT>
                            <ENT>3</ENT>
                            <ENT>&lt;1</ENT>
                            <ENT>3</ENT>
                            <ENT>&lt;1</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT>Mexico-North Pacific (Mexico DPS)</ENT>
                            <ENT>
                                <SU>1</SU>
                                 N/A
                            </ENT>
                            <ENT/>
                            <ENT>N/A</ENT>
                            <ENT/>
                            <ENT>N/A</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT>Western North Pacific</ENT>
                            <ENT>1,084</ENT>
                            <ENT/>
                            <ENT>&lt;1</ENT>
                            <ENT/>
                            <ENT>&lt;1</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Minke whale</ENT>
                            <ENT>Alaska</ENT>
                            <ENT>
                                <SU>2</SU>
                                 N/A
                            </ENT>
                            <ENT>3</ENT>
                            <ENT>N/A</ENT>
                            <ENT>3</ENT>
                            <ENT>N/A</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Gray whale</ENT>
                            <ENT>Eastern Pacific</ENT>
                            <ENT>26,960</ENT>
                            <ENT>3</ENT>
                            <ENT>&lt;1</ENT>
                            <ENT>3</ENT>
                            <ENT>&lt;1</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Fin whale</ENT>
                            <ENT>Northeast Pacific</ENT>
                            <ENT>
                                <SU>3</SU>
                                 UND
                            </ENT>
                            <ENT>2</ENT>
                            <ENT>N/A</ENT>
                            <ENT>2</ENT>
                            <ENT>N/A</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Killer whale</ENT>
                            <ENT>Eastern North Pacific Alaska Resident</ENT>
                            <ENT>1,920</ENT>
                            <ENT>10</ENT>
                            <ENT>&lt;1</ENT>
                            <ENT>10</ENT>
                            <ENT>&lt;1</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="22"> </ENT>
                            <ENT>Eastern North Pacific Gulf of Alaska, Aleutian Islands, and Bering Sea Transient</ENT>
                            <ENT>587</ENT>
                            <ENT/>
                            <ENT>&lt;1</ENT>
                            <ENT/>
                            <ENT>&lt;1</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Beluga</ENT>
                            <ENT>Cook Inlet</ENT>
                            <ENT>
                                <SU>4</SU>
                                 279
                            </ENT>
                            <ENT>11</ENT>
                            <ENT>3.9</ENT>
                            <ENT>11</ENT>
                            <ENT>3.9</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Dall's porpoise</ENT>
                            <ENT>Alaska</ENT>
                            <ENT>
                                <SU>5</SU>
                                 UND
                            </ENT>
                            <ENT>6</ENT>
                            <ENT>N/A</ENT>
                            <ENT>6</ENT>
                            <ENT>N/A</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Harbor porpoise</ENT>
                            <ENT>Gulf of Alaska</ENT>
                            <ENT>31,046</ENT>
                            <ENT>12</ENT>
                            <ENT>&lt;1</ENT>
                            <ENT>12</ENT>
                            <ENT>&lt;1</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Pacific white-sided dolphin</ENT>
                            <ENT>North Pacific</ENT>
                            <ENT>26,880</ENT>
                            <ENT>3</ENT>
                            <ENT>&lt;1</ENT>
                            <ENT>3</ENT>
                            <ENT>&lt;1</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Harbor seal</ENT>
                            <ENT>Cook Inlet/Shelikof</ENT>
                            <ENT>28,411</ENT>
                            <ENT>179</ENT>
                            <ENT>&lt;1</ENT>
                            <ENT>179</ENT>
                            <ENT>&lt;1</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Steller sea lion</ENT>
                            <ENT>Western U.S.</ENT>
                            <ENT>
                                <SU>6</SU>
                                 49,932
                            </ENT>
                            <ENT>6</ENT>
                            <ENT>&lt;1</ENT>
                            <ENT>6</ENT>
                            <ENT>&lt;1</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">California sea lion</ENT>
                            <ENT>U.S.</ENT>
                            <ENT>257,606</ENT>
                            <ENT>2</ENT>
                            <ENT>&lt;1</ENT>
                            <ENT>2</ENT>
                            <ENT>&lt;1</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                             Abundance estimates are based upon data collected more than 8 years ago and, therefore, current estimates are considered unknown.
                        </TNOTE>
                        <TNOTE>
                            <SU>2</SU>
                             Reliable population estimates are not available for this stock. Please see Friday 
                            <E T="03">et al.</E>
                             (2013) and Zerbini et al (2006) for additional information on numbers of minke whales in Alaska.
                        </TNOTE>
                        <TNOTE>
                            <SU>3</SU>
                             The best available abundance estimate for this stock is not considered representative of the entire stock as surveys were limited to a small portion of the stock's range.
                        </TNOTE>
                        <TNOTE>
                            <SU>4</SU>
                             On June 15, 2023, NMFS released an updated abundance estimate for endangered Cook Inlet beluga whales in Alaska (Goetz 
                            <E T="03">et al.</E>
                             2023). Data collected during NOAA Fisheries' 2022 aerial survey suggest that the whale population is stable or may be increasing slightly. Scientists estimated that the population size is between 290 and 386, with a median best estimate of 331. In accordance with the MMPA, this population estimate will be incorporated into the Cook Inlet beluga whale SAR, which will be reviewed by an independent panel of experts, the Alaska Scientific Review Group. After this review, the SAR will be made available as a draft for public review before being finalized. When the number of instances of takes is compared to this median abundance, the percent of the stock proposed for authorization is 3.3 percent.
                        </TNOTE>
                        <TNOTE>
                            <SU>5</SU>
                             The best available abundance estimate is likely an underestimate for the entire stock because it is based upon a survey that covered only a small portion of the stock's range.
                        </TNOTE>
                        <TNOTE>
                            <SU>6</SU>
                             Nest is best estimate of counts, which have not been corrected for animals at sea during abundance surveys.
                        </TNOTE>
                    </GPOTABLE>
                    <HD SOURCE="HD1">Proposed Mitigation</HD>
                    <P>
                        In order to issue an IHA under section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to the activity, and other means of effecting the least practicable impact on the species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stock 
                        <PRTPAGE P="51124"/>
                        for taking for certain subsistence uses. NMFS regulations require applicants for incidental take authorizations to include information about the availability and feasibility (economic and technological) of equipment, methods, and manner of conducting the activity or other means of effecting the least practicable adverse impact upon the affected species or stocks, and their habitat (50 CFR 216.104(a)(11)).
                    </P>
                    <P>In evaluating how mitigation may or may not be appropriate to ensure the least practicable adverse impact on species or stocks and their habitat, as well as subsistence uses where applicable, NMFS considers two primary factors:</P>
                    <P>(1) The manner in which, and the degree to which, the successful implementation of the measure(s) is expected to reduce impacts to marine mammals, marine mammal species or stocks, and their habitat, as well as subsistence uses. This considers the nature of the potential adverse impact being mitigated (likelihood, scope, range). It further considers the likelihood that the measure will be effective if implemented (probability of accomplishing the mitigating result if implemented as planned), the likelihood of effective implementation (probability implemented as planned); and</P>
                    <P>(2) The practicability of the measures for applicant implementation, which may consider such things as cost and impact on operations.</P>
                    <P>In addition to the measures described in detail below, Furie will conduct briefings between conductor pipe installation supervisors, vessel captains and crew, and the marine mammal monitoring team before the start of all in-water work and when new personnel join the work to explain responsibilities, communication procedures, marine mammal monitoring protocol, and operational procedures.</P>
                    <HD SOURCE="HD2">Mitigation for Rig Tugging/Positioning</HD>
                    <P>NMFS anticipates that there is a discountable potential for marine mammals to incur PTS from the tugging and positioning, as source levels are relatively low, non-impulsive, and animals would have to remain at very close distances for multiple hours to accumulate acoustic energy at levels that could damage hearing. Therefore, we do not believe there is reasonable potential for Level A harassment from rig tugging or positioning. However, Furie will implement a number of mitigation measures designed to reduce the potential for and severity of Level B harassment, and minimize the acoustic footprint of the project.</P>
                    <HD SOURCE="HD3">Protected Species Observers</HD>
                    <P>Furie will station PSOs at the highest possible vantage point on either the rig or on one of the tugs.</P>
                    <HD SOURCE="HD3">Pre-Clearance and Post-Activity Monitoring</HD>
                    <P>The tugs towing a rig are not able to shut down while transiting or positioning the rig. Furie will maneuver the tugs towing the rig such that they maintain a consistent speed (approximately 4 knots or less[7 km/hr]) and avoid multiple changes of speed and direction to make the course of the vessels as predictable as possible to marine mammals in the surrounding environment, characteristics that are expected to be associated with a lower likelihood of disturbance.</P>
                    <P>
                        During tugging activities, Furie would implement a clearance zone of 1,500 m around the rig for all marine mammals other than Cook Inlet beluga whales. This proposed clearance zone was determined to be appropriate as it is approximately twice as large as largest Level A harassment zone (table 10) and is a reasonable distance within which cryptic species (
                        <E T="03">e.g.,</E>
                         porpoises, pinnipeds) could be observed. For Cook Inlet beluga whales, Furie would implement a clearance zone that extends as far as PSOs can feasibly observe for Cook Inlet beluga whales. Prior to commencing new activities during daylight hours or if there is a 30-minute lapse in operational activities, the PSOs will monitor the clearance zone for marine mammals for 30 minutes (
                        <E T="03">i.e.,</E>
                         pre-clearance monitoring). (Note, transitioning from towing to positioning without shutting down would not be considered commencing a new operational activity.) If no marine mammals are observed within the relevant clearance zone during this pre-clearance monitoring period, tugging activities may commence. If a marine mammal(s) is observed within the relevant clearance zone during the pre-clearance monitoring period, tugging activities would be delayed, unless the delay interferes with the safety of working conditions. Operations would not commence until the PSO(s) observe that: (1) the non-Cook Inlet beluga whale animal(s) is outside of and on a path away from the clearance zone; (2) the Cook Inlet beluga whale is no longer detected at any range; or (3) for non-ESA-listed species, 15 minutes have elapsed without observing the marine mammal, or for ESA-listed species, 30 minutes have elapsed without observing the marine mammal. Once the PSOs have determined one of those conditions are met, operations may commence. PSOs would also conduct monitoring for marine mammals through 30 minutes post-completion of any tugging activity each day, and after each stoppage of 30 minutes or greater.
                    </P>
                    <P>
                        During nighttime hours or low/no-light conditions, night-vision devices (NVDs) shown to be effective at detecting marine mammals in low-light conditions (
                        <E T="03">e.g.,</E>
                         Portable Visual Search-7 model, or similar) would be provided to PSOs to aid in their monitoring of marine mammals. Every effort would be made to observe that the relevant clearance zone is free of marine mammals by using night-vision devices and or the naked eye, however it may not always be possible to see and clear the entire clearance zones prior to nighttime transport. Prior to commencing new operational activities during nighttime hours, or if there is a 30-minute lapse in operational activities in low/no-light conditions, the PSOs must observe the extent visible while using night vision devices for 30 minutes (
                        <E T="03">i.e.,</E>
                         pre-clearance monitoring). If no marine mammals are observed during this pre-clearance period, tugging activities may commence. If a marine mammal(s) is observed within the pre-clearance monitoring period, tugging activities would be delayed, unless the delay interferes with the safety of working conditions. Operations would not commence until the PSO(s) observe that: (1) the animal(s) is outside of the observable area; or (2) for non-ESA-listed species, 15 minutes have elapsed without observing the marine mammal, or for ESA-listed species, 30 minutes have elapsed without observing the marine mammal Once the PSOs have determined one of those conditions are met, operations may commence.
                    </P>
                    <P>PSOs must scan the waters for at least 30 minutes after tugging and positioning activities have been completed each day, and after each stoppage of 30 minutes or greater.</P>
                    <P>Should a marine mammal be observed during towing or positioning of the rig, the PSOs will monitor and carefully record any reactions observed until the towing or positioning has concluded. PSOs will also collect behavioral information on marine mammals sighted during monitoring efforts.</P>
                    <HD SOURCE="HD3">Nighttime Work</HD>
                    <P>
                        Furie will conduct tug towing operations with the tide, resulting in a low power output from the tugs towing the rig, unless human safety or equipment integrity is at risk. Due to the nature of tidal cycles in Cook Inlet, it is possible the most favorable tide for the towing operation will occur during 
                        <PRTPAGE P="51125"/>
                        nighttime hours. Furie will only operate the tug towing activities at night if necessary to accommodate a favorable tide. Prior to commencing operational activities during nighttime hours or low/no-light conditions, Furie must implement the pre-clearance measures described above.
                    </P>
                    <HD SOURCE="HD3">Susitna Delta</HD>
                    <P>The Tyonek platform is within the Susitna Delta Exclusion Zone identified in Hilcorp's IHAs (87 FR 62364, October 14, 2022). If Hilcorp does conduct work at the Tyonek platform, it would maintain operatorship and control of the Enterprise 151 until the tow is underway with lines taut and the Enterprise 151 is under tug power. Once the tow is underway, Furie representatives will take over operatorship of the Enterprise 151.</P>
                    <P>Out of concern for potential disturbance to Cook Inlet beluga whales in sensitive and essential habitat, Furie would maintain a distance of 2.4 km from the mean lower-low water (MLLW) line of the Susitna River Delta (Beluga River to the Little Susitna River) between April 15 and November 15. The dates of applicability of this exclusion zone have been expanded based on new available science, including visual surveys and acoustic studies, which indicate that substantial numbers of Cook Inlet beluga whales continue to occur in the Susitna Delta area through at least mid-November (M. Castellote, pers. comm., T. McGuire, pers. comm.). Of note, Furie does not expect to operate in this area, but if it does, this measure would apply.</P>
                    <HD SOURCE="HD2">Mitigation for Conductor Pile Installation</HD>
                    <P>NMFS proposes that Furie must implement the following measures for impact driving of conductor piles.</P>
                    <HD SOURCE="HD3">Shutdown Zones</HD>
                    <P>The purpose of a shutdown zone is generally to define an area within which shutdown of the activity would occur upon sighting of a marine mammal (or in anticipation of an animal entering the defined area). Construction supervisors and crews, PSOs, and relevant Furie staff must avoid direct physical interaction with marine mammals during construction activity. If a marine mammal comes within 10 m of such activity, operations must cease and vessels must reduce speed to the minimum level required to maintain steerage and safe working conditions, as necessary to avoid direct physical interaction. Further, Furie must implement shutdown zones as described in table 14. Furie states that if a shutdown or delay occurs, impact installation of the conductor pipe will not commence or resume until the animal has voluntarily left and been visually confirmed to be 100 m beyond the shutdown zone and on a trajectory away from the zone, or 30 minutes have passed without subsequent detections. If Cook Inlet beluga whales are observed within or approaching the Level B harassment zone for conductor pipe installation, impact installation of the conductor pipe will be delayed or halted until the beluga(s) have voluntarily left and been visually confirmed to be 100 m beyond the Level B harassment zone and on a trajectory away from the zone, or 30 minutes have passed without subsequent detections.</P>
                    <GPOTABLE COLS="2" OPTS="L2,i1" CDEF="s50,12">
                        <TTITLE>Table 14—Shutdown Zones for Conductor Pipe Pile Driving</TTITLE>
                        <BOXHD>
                            <CHED H="1">Hearing group</CHED>
                            <CHED H="1">
                                Shutdown zone
                                <LI>(m)</LI>
                            </CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Low-frequency Cetaceans</ENT>
                            <ENT>2,000</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Mid-frequency Cetaceans</ENT>
                            <ENT>110</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">High-frequency Cetaceans</ENT>
                            <ENT>400</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Phocids</ENT>
                            <ENT>400</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Otariids</ENT>
                            <ENT>120</ENT>
                        </ROW>
                    </GPOTABLE>
                    <HD SOURCE="HD3">Protected Species Observers</HD>
                    <P>Furie will establish a monitoring location on the JRP at the highest possible vantage point to monitor to the maximum extent possible in all directions. Monitoring is described in more detail in the Proposed Monitoring and Reporting section, below.</P>
                    <HD SOURCE="HD3">Pre- and Post-Activity Monitoring</HD>
                    <P>
                        Monitoring must take place from 30 minutes prior to initiation of pile driving activity (
                        <E T="03">i.e.,</E>
                         pre-start clearance monitoring) through 30 minutes post-completion of pile driving activity. Pre-start clearance monitoring must be conducted during periods of visibility sufficient for the lead PSO to determine that the shutdown zones indicated in table 14 are clear of marine mammals. Pile driving may commence following 30 minutes of observation when the determination is made that the shutdown zones are clear of marine mammals. If a marine mammal is observed entering or within the shutdown zones, pile driving activity must be delayed or halted. If pile driving is delayed or halted due to the presence of a marine mammal, the activity may not commence or resume until either the animal has voluntarily exited and been visually confirmed beyond the shutdown zone for 15 minutes (for non-ESA-listed species) or 30 minutes (for ESA-listed species) have passed without re-detection of the animal. With the exception of Cook Inlet beluga whales, if a marine mammal for which take by Level B harassment is authorized is present in the Level B harassment zone but beyond the relevant shutdown zone, activities may begin and Level B harassment take would be recorded.
                    </P>
                    <HD SOURCE="HD3">Monitoring for Level A and Level B Harassment</HD>
                    <P>PSOs would monitor the shutdown zones and beyond to the extent that PSOs can see. Monitoring beyond the shutdown zones enables observers to be aware of and communicate the presence of marine mammals in the project areas outside the shutdown zones and thus prepare for a potential cessation of activity should the animal enter the shutdown zone.</P>
                    <HD SOURCE="HD3">Soft Start</HD>
                    <P>Soft-start procedures are used to provide additional protection to marine mammals by providing warning and/or giving marine mammals a chance to leave the area prior to the hammer operating at full capacity. For impact pile driving, soft start requires contractors to provide an initial set of three strikes at reduced energy, followed by a 30-second waiting period, then two subsequent reduced-energy strike sets. A soft start must be implemented at the start of each day's impact pile driving and at any time following cessation of impact pile driving for a period of 30 minutes or longer.</P>
                    <HD SOURCE="HD2">Mitigation for Helicopter Activities</HD>
                    <P>
                        Helicopters must transit at an altitude of 1,500 ft (457 m) or higher, to the extent practicable, while adhering to Federal Aviation Administration flight rules (
                        <E T="03">e.g.,</E>
                         avoidance of cloud ceiling, 
                        <E T="03">etc.</E>
                        ), excluding takeoffs and landing. If flights must occur at altitudes less than 1,500 ft due to environmental conditions, aircraft must make course adjustments, as needed, to maintain at least a 1,500- foot separation from all observed marine mammals. Helicopters must not hover or circle above marine mammals. A minimum transit altitude is expected to reduce the potential for disturbance to marine mammals from transiting aircraft.
                    </P>
                    <P>
                        Based on our evaluation of Furie's proposed measures, as well as other measures considered by NMFS (
                        <E T="03">i.e.,</E>
                         the extended clearance zone for beluga whales), for both IHAs, NMFS has preliminarily determined that the proposed mitigation measures provide the means of effecting the least practicable impact on the affected species or stocks and their habitat, 
                        <PRTPAGE P="51126"/>
                        paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for subsistence uses.
                    </P>
                    <HD SOURCE="HD1">Proposed Monitoring and Reporting</HD>
                    <P>In order to issue an IHA for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must set forth requirements pertaining to the monitoring and reporting of such taking. The MMPA implementing regulations at 50 CFR 216.104(a)(13) indicate that requests for authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present while conducting the activities. Effective reporting is critical both to compliance as well as ensuring that the most value is obtained from the required monitoring.</P>
                    <P>Monitoring and reporting requirements prescribed by NMFS should contribute to improved understanding of one or more of the following:</P>
                    <P>
                        • Occurrence of marine mammal species or stocks in the area in which take is anticipated (
                        <E T="03">e.g.,</E>
                         presence, abundance, distribution, density);
                    </P>
                    <P>
                        • Nature, scope, or context of likely marine mammal exposure to potential stressors/impacts (individual or cumulative, acute or chronic), through better understanding of: (1) action or environment (
                        <E T="03">e.g.,</E>
                         source characterization, propagation, ambient noise); (2) affected species (
                        <E T="03">e.g.,</E>
                         life history, dive patterns); (3) co-occurrence of marine mammal species with the activity; or (4) biological or behavioral context of exposure (
                        <E T="03">e.g.,</E>
                         age, calving or feeding areas);
                    </P>
                    <P>• Individual marine mammal responses (behavioral or physiological) to acoustic stressors (acute, chronic, or cumulative), other stressors, or cumulative impacts from multiple stressors;</P>
                    <P>• How anticipated responses to stressors impact either: (1) long-term fitness and survival of individual marine mammals; or (2) populations, species, or stocks;</P>
                    <P>
                        • Effects on marine mammal habitat (
                        <E T="03">e.g.,</E>
                         marine mammal prey species, acoustic habitat, or other important physical components of marine mammal habitat); and
                    </P>
                    <P>• Mitigation and monitoring effectiveness.</P>
                    <HD SOURCE="HD2">Monitoring</HD>
                    <P>Furie would abide by all monitoring and reporting measures contained within the IHA, if issued, and their Marine Mammal Monitoring and Mitigation Plan (see Appendix B of Furie's application). A summary of those measures and additional requirements proposed by NMFS is provided below.</P>
                    <P>A minimum of two NMFS-approved PSOs will be on-watch during all activities wherein the rig is attached to the tugs for the duration of the project. PSOs will be stationed aboard a tug or the rig during tug towing and positioning and may use a combination of equipment to perform marine mammal observations and to verify the required monitoring distance from the project site, including 7 by 50 binoculars and NMFS approved NVDs for low light and nighttime operations. A minimum of two NMFS-approved PSOs will be stationed on the JRP at the highest possible vantage point to monitor to the maximum extent possible in all directions during pile driving. PSOs would be independent of the activity contractor (for example, employed by a subcontractor) and have no other assigned tasks during monitoring periods. At least one PSO would have prior experience performing the duties of a PSO during an activity pursuant to a NMFS-issued Incidental Take Authorization or Letter of Concurrence. Other PSOs may substitute other relevant experience (including relevant Alaska Native traditional knowledge), education (degree in biological science or related field), or training for prior experience performing the duties of a PSO. Where a team of three or more PSOs is required, a lead observer or monitoring coordinator must be designated. The lead observer must have prior experience performing the duties of a PSO during an activity pursuant to a NMFS-issued incidental take authorization.</P>
                    <P>PSOs would also have the following additional qualifications:</P>
                    <P>• PSOs must be able to conduct field observations and collect data according to assigned protocols;</P>
                    <P>• PSOs must have experience or training in the field identification of marine mammals, including the identification of behaviors;</P>
                    <P>• PSOs must have sufficient training, orientation, or experience with the tugging operation to provide for personal safety during observations;</P>
                    <P>• PSOs must have sufficient writing skills to record required information including but not limited to the number and species of marine mammals observed; dates and times when in-water tugging activities were conducted; dates, times, and reason for implementation of mitigation (or why mitigation was not implemented when required); and marine mammal behavior; and</P>
                    <P>• PSOs must have the ability to communicate orally, by radio or in person, with project personnel to provide real-time information on marine mammals observed in the area as necessary.</P>
                    <HD SOURCE="HD2">Reporting</HD>
                    <P>Furie would submit interim monthly reports for all months in which tugs towing, holding, or positioning the rig occurs. Monthly reports would include a summary of marine mammal species and behavioral observations, delays, and tugging activities completed. They also must include an assessment of the amount of tugging remaining to be completed, in addition to the number of Cook Inlet beluga whales observed within estimated harassment zones to date.</P>
                    <P>A draft marine mammal monitoring report would be submitted to NMFS within 90 days after the completion of the tug towing rig activities for the year. It will include an overall description of work completed, a narrative regarding marine mammal sightings, and associated marine mammal observation data sheets in an electronic format. Specifically, the report must include the following information:</P>
                    <P>• Date and time that monitored activity begins or ends;</P>
                    <P>
                        • Activities occurring during each observation period, including (a) the type of activity, (b) the total duration of each type of activity, (c) the number of attempts required for positioning, (d) when nighttime operations were required (e) whether towing against the tide was required, (f) the number and type of piles that were driven and the method (
                        <E T="03">e.g.,</E>
                         impact, vibratory, down-the-hole), and (g) total number of strikes for each pile.
                    </P>
                    <P>• PSO locations during marine mammal monitoring;</P>
                    <P>• Environmental conditions during monitoring periods (at the beginning and end of the PSO shift and whenever conditions change significantly), including Beaufort sea state, tidal state, and any other relevant weather conditions, including cloud cover, fog, sun glare, overall visibility to the horizon, and estimated observable distance;</P>
                    <P>
                        • Upon observation of a marine mammal, (a) name of PSO who sighted the animal(s) and PSO location and 
                        <PRTPAGE P="51127"/>
                        activity at time of sighting, (b) time of sighting, (c) identification of the animal(s) (
                        <E T="03">e.g.,</E>
                         genus/species, lowest possible taxonomic level, or unidentified), PSO confidence in identification, and the composition of the group if there is a mix of species, (d) distance and location of each observed marine mammal relative to the tugs or pile being driven for each sighting, (e) estimated number of animals (min/max/best estimate), (f) estimated number of animals by cohort (adults, juveniles, neonates, group composition, 
                        <E T="03">etc.</E>
                        ), (g) animal's closest point of approach and estimated time spent within the harassment zone, (h) description of any marine mammal behavioral observations (
                        <E T="03">e.g.,</E>
                         observed behaviors such as feeding or traveling), including an assessment of behavioral responses thought to have resulted from the activity (
                        <E T="03">e.g.,</E>
                         no response or changes in behavioral state such as ceasing feeding, changing direction, flushing, or breaching);
                    </P>
                    <P>• Number of marine mammals detected within the harassment zones, by species; and</P>
                    <P>
                        • Detailed information about implementation of any mitigation (
                        <E T="03">e.g.,</E>
                         shutdowns and delays), a description of specific actions that ensued, and resulting changes in behavior of the animal(s), if any.
                    </P>
                    <P>If no comments are received from NMFS within 30 days, the draft summary report will constitute the final report. If NMFS submits comments, Furie will submit a final summary report addressing NMFS comments within 30 days after receipt of comments.</P>
                    <P>
                        In the event that personnel involved in Furie's activities discover an injured or dead marine mammal, Furie must report the incident to the Office of Protected Resources (OPR), NMFS (
                        <E T="03">PR.ITP.MonitoringReports@noaa.gov</E>
                         and 
                        <E T="03">ITP.davis@noaa.gov</E>
                        ) and to the Alaska regional stranding network as soon as feasible. If the death or injury was clearly caused by the specified activity, Furie must immediately cease the activities until NMFS OPR is able to review the circumstances of the incident and determine what, if any, additional measures are appropriate to ensure compliance with the IHAs. The Holder must not resume their activities until notified by NMFS.
                    </P>
                    <P>The report must include the following information:</P>
                    <P>(i) Time, date, and location (latitude/longitude) of the first discovery (and updated location information if known and applicable);</P>
                    <P>(ii) Species identification (if known) or description of the animal(s) involved;</P>
                    <P>(iii) Condition of the animal(s) (including carcass condition if the animal is dead);</P>
                    <P>(iv) Observed behaviors of the animal(s), if alive;</P>
                    <P>(v) If available, photographs or video footage of the animal(s); and</P>
                    <P>(vi) General circumstances under which the animal was discovered.</P>
                    <HD SOURCE="HD1">Negligible Impact Analysis and Determination</HD>
                    <P>
                        NMFS has defined negligible impact as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival (50 CFR 216.103). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival (
                        <E T="03">i.e.,</E>
                         population-level effects). An estimate of the number of takes alone is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be “taken” through harassment, NMFS considers other factors, such as the likely nature of any impacts or responses (
                        <E T="03">e.g.,</E>
                         intensity, duration), the context of any impacts or responses (
                        <E T="03">e.g.,</E>
                         critical reproductive time or location, foraging impacts affecting energetics), as well as effects on habitat, and the likely effectiveness of the mitigation. We also assess the number, intensity, and context of estimated takes by evaluating this information relative to population status. Consistent with the 1989 preamble for NMFS' implementing regulations (54 FR 40338, September 29, 1989), the impacts from other past and ongoing anthropogenic activities are incorporated into this analysis via their impacts on the baseline (
                        <E T="03">e.g.,</E>
                         as reflected in the regulatory status of the species, population size and growth rate where known, ongoing sources of human-caused mortality, or ambient noise levels).
                    </P>
                    <P>To avoid repetition, the majority of our analysis applies to all the species listed in table 13, except for Cook Inlet beluga whale and harbor seal, given that many of the anticipated effects of this project on different marine mammal stocks are expected to be relatively similar in nature. For Cook Inlet beluga whales and harbor seals, there are meaningful differences in anticipated individual responses to activities, impact of expected take on the population, or impacts on habitat; therefore, we provide a separate independent detailed analysis for Cook Inlet beluga whales and harbor seals following the analysis for other species for which we propose take authorization.</P>
                    <P>NMFS has identified several key factors which may be employed to assess the level of analysis necessary to conclude whether potential impacts associated with a specified activity should be considered negligible. These include (but are not limited to) the type and magnitude of taking, the amount and importance of the available habitat for the species or stock that is affected, the duration of the anticipated effect on the individuals, and the status of the species or stock. The potential effects of the specified activity on humpback whales, minke whales, gray whales, fin whales, killer whales, Dall's porpoises, harbor porpoises, Pacific white-sided dolphins, Steller sea lions, and California sea lions are discussed below. These factors also apply to Cook Inlet beluga whales and harbor seals; however, additional analysis for Cook Inlet beluga whales and harbor seals is provided in a separate subsection below.</P>
                    <P>Furie's tugging activities associated with this project, as outlined previously, have the potential to harass marine mammals. Specifically, the specified activities may result in take, in the form of Level B harassment, from underwater sounds generated by tugs towing, holding, and positioning a rig. Potential takes could occur if marine mammals are present in zones ensonified above the thresholds for Level B harassment, identified above, while activities are underway.</P>
                    <P>Furie's planned activities and associated impacts would occur within a limited area of the affected species' or stocks' ranges over a total of 4 days each year for tugging, and 2 days for pile driving. The intensity and duration of take by Level B harassment would be minimized through use of mitigation measures described herein. Further the amount of take proposed to be authorized is small when compared to stock abundance (table 13). In addition, NMFS does not anticipate that serious injury or mortality would occur as a result of Furie's planned activity given the nature of the activity, even in the absence of required mitigation.</P>
                    <P>
                        Exposures to elevated sound levels produced during tugging and pile driving activities may cause behavioral disturbance of some individuals within the vicinity of the sound source. Behavioral responses of marine mammals to Furie's tugging activities are expected to be mild, short term, and temporary. Effects on individuals that are taken by Level B harassment, as enumerated in the Estimated Take 
                        <PRTPAGE P="51128"/>
                        section, on the basis of reports in the literature as well as monitoring from other similar activities conducted by Furie (Horsley and Larson, 2023), would likely be limited to behavioral response such as increased swimming speeds, changing in directions of travel and diving and surfacing behaviors, increased respiration rates, or interrupted foraging (if such activity were occurring) (Ridgway 
                        <E T="03">et al.</E>
                         1997; Nowacek 
                        <E T="03">et al.</E>
                         2007; Thorson and Reyff, 2006; Kendall and Cornick 2015; Goldbogen 
                        <E T="03">et al.</E>
                         2013b; Blair 
                        <E T="03">et al.</E>
                         2016; Wisniewska 
                        <E T="03">et al.</E>
                         2018; Piwetz 
                        <E T="03">et al.</E>
                         2021). Marine mammals within the Level B harassment zones may not present any visual cues they are disturbed by activities, or they may become alert, avoid the area, leave the area, or have other mild responses that are not observable such as increased stress levels (
                        <E T="03">e.g.,</E>
                         Rolland 
                        <E T="03">et al.</E>
                         2012; Lusseau, 2005; Bejder 
                        <E T="03">et al.</E>
                         2006; Rako 
                        <E T="03">et al.</E>
                         2013; Pirotta 
                        <E T="03">et al.</E>
                         2015b; Pérez-Jorge 
                        <E T="03">et al.</E>
                         2016). They may also exhibit increased vocalization rates (
                        <E T="03">e.g.,</E>
                         Dahlheim 1987; Dahlheim and Castellote 2016), louder vocalizations (
                        <E T="03">e.g.,</E>
                         Frankel and Gabriele 2017; Fournet 
                        <E T="03">et al.</E>
                         2018), alterations in the spectral features of vocalizations (
                        <E T="03">e.g.,</E>
                         Castellote 
                        <E T="03">et al.</E>
                         2012), or a cessation of communication signals (
                        <E T="03">e.g.,</E>
                         Tsujii 
                        <E T="03">et al.</E>
                         2018). However, as described in the Potential Effects of Specified Activities on Marine Mammals and Their Habitat section, marine mammals observed near Furie's tugging activities have shown little to no observable reactions to tugging activities (Horsley and Larson 2023).
                    </P>
                    <P>Tugs pulling, holding, and positioning a rig are slow-moving as compared to typical recreational and commercial vessel traffic. Assuming an animal was stationary, exposure to sound above the Level B harassment threshold from the moving tug configuration (which comprises most of the tug activity being considered) would be on the order of minutes in any particular location. The slow, predictable, and generally straight path of this activity is expected to further lower the likelihood of more than low-level responses to the sound. Also, this slow transit along a predictable path is planned in an area of routine vessel traffic where many large vessels move in slow straight-line paths, and some individuals are expected to be habituated to these sorts of sounds. While it is possible that animals may swim around the project area, avoiding closer approaches to the boats, we do not expect them to abandon any intended path. Further, most animals present in the region would likely be transiting through the area; therefore, any potential exposure is expected to be brief. Based on the characteristics of the sound source and the other activities regularly encountered in the area, it is unlikely Furie's planned tugging activities would be of a duration or intensity expected to result in impacts on reproduction or survival.</P>
                    <P>
                        Effects on individuals that are taken by Level B harassment during pile driving, on the basis of reports in the literature as well as monitoring from other similar activities, would likely be limited to reactions such as increased swimming speeds, increased surfacing time, or interrupted foraging (if such activity were occurring; 
                        <E T="03">e.g.,</E>
                         Thorson and Reyff 2006; HDR, Inc. 2012; Lerma 2014; ABR 2016). Most likely, individuals would simply move away from the sound source and be temporarily displaced from the areas of pile driving and removal. If sound produced by project activities is sufficiently disturbing, animals are likely to simply avoid the area while the activity is occurring, particularly as the project is expected to occur over a maximum of just 2 days of in-water pile driving during each year.
                    </P>
                    <P>Most of the species present in the region would only be present temporarily based on seasonal patterns or during transit between other habitats. These temporarily present species would be exposed to even smaller periods of noise-generating activity, further decreasing the impacts. Most likely, individual animals would simply move away from the sound source and be temporarily displaced from the area. Takes may also occur during important feeding times. The project area though represents a small portion of available foraging habitat and impacts on marine mammal feeding for all species should be minimal.</P>
                    <P>
                        We anticipate that any potential reactions and behavioral changes are expected to subside quickly when the exposures cease and, therefore, we do not expect long-term adverse consequences from Furie's proposed activities for individuals of any species other than harbor seal (for which take by Level A harassment is proposed for authorization, discussed further below). The intensity of Level B harassment events would be minimized through use of mitigation measures described herein. Furie would use PSOs to monitor for marine mammals before commencing any tugging or construction activities, which would minimize the potential for marine mammals to be present within Level B harassment zones when tugs are under load or within the shutdown zones at the commencement of construction. Further, given the absence of any major rookeries, haulouts, or areas of known biological significance for marine mammals (
                        <E T="03">e.g.,</E>
                         foraging hot spots) within the estimated harassment zones (other than critical habitat and a BIA for Cook Inlet beluga whales as described below), we preliminarily conclude that any takes by Level B harassment would have an inconsequential short-term effect on individuals and would not result in population-level impacts.
                    </P>
                    <P>
                        Theoretically, repeated, sequential exposure to elevated noise from tugging activities over a long duration could result in more severe impacts to individuals that could affect a population (via sustained or repeated disruption of important behaviors such as feeding, resting, traveling, and socializing; Southall 
                        <E T="03">et al.</E>
                         2007). Alternatively, marine mammals exposed to repetitious sounds may become habituated, desensitized, or tolerant after initial exposure to these sounds (reviewed by Richardson 
                        <E T="03">et al.</E>
                         1995; Southall 
                        <E T="03">et al.</E>
                         2007). Cook Inlet is a regional hub of marine transportation, and is used by various classes of vessels, including containerships, bulk cargo freighters, tankers, commercial and sport-fishing vessels, and recreational vessels. Off-shore vessels, tug vessels, and tour boats represent 86 percent of the total operating days for vessels in Cook Inlet (BOEM 2016). Given that marine mammals still frequent and use Cook Inlet despite being exposed to anthropogenic sounds such as those produced by tug boats and other vessels across many years, population level impacts resulting from the additional noise produced by Furie's tugging activities are not anticipated.
                    </P>
                    <P>
                        Take by Level A harassment of harbor seals is proposed for authorization to account for the potential that an animal could enter and remain within the area between a Level A harassment zone and the shutdown zone during conductor pile installation for a duration long enough to be taken by Level A harassment. Any take by Level A harassment is expected to arise from, at most, a small degree of PTS because animals would need to be exposed to higher levels and/or longer duration than are expected to occur here in order to incur any more than a small degree of PTS. Additionally, some subset of the individuals that are behaviorally harassed could also simultaneously incur some small degree of TTS for a short duration of time. Because of the small degree anticipated, though, any PTS or TTS potentially incurred here is not expected to adversely impact 
                        <PRTPAGE P="51129"/>
                        individual fitness, let alone annual rates of recruitment or survival.
                    </P>
                    <P>Furie's tugging activities are not expected to have significant adverse effects on any marine mammal habitat as no temporary or physical impacts to habitat are anticipated to result from the specified activities. During both tugging and construction, marine mammal habitat may be impacted by elevated sound levels, but these impacts would be temporary. In addition to being temporary and short in overall duration, the acoustic footprint of the proposed activity is small relative to the overall distribution of the animals in the area and their use of the area. Additionally, the habitat within the estimated acoustic footprint is not known to be heavily used by marine mammals.</P>
                    <P>
                        Impacts to marine mammal prey species are expected to be minor and temporary, having, at most, short-term effects on foraging success of individual marine mammals, and likely no effect on the populations of marine mammals as a whole. Overall, as described above, the area anticipated to be impacted by Furie's tugging and construction activities is very small compared to the available surrounding habitat, and does not include habitat of particular importance. The most likely impact to prey would be temporary behavioral avoidance of the immediate area. During tugging and construction activities, it is expected that some fish would temporarily leave the area of disturbance (
                        <E T="03">e.g.,</E>
                         Nakken 1992; Olsen 1979; Ona and Godo 1990; Ona and Toresen, 1988), thus impacting marine mammals' foraging opportunities in a limited portion of their foraging range. But, because of the relatively small area of the habitat that may be affected, and lack of any foraging habitat of particular importance, the impacts to marine mammal habitat are not expected to cause significant or long-term negative consequences.
                    </P>
                    <P>Finally, Furie will minimize exposure of marine mammals to elevated noise levels by implementing mitigation measures for tugging and construction activities. For tugging, Furie would delay tugging activities if marine mammals are observed during the pre-clearance monitoring period. Furie would also implement vessel maneuvering measures to reduce the likelihood of disturbing marine mammals during any periods when marine mammals may be present near the vessels. Lastly, Furie would also reduce the impact of their activity by conducting tugging operations with favorable tides whenever feasible. For construction, Furie would also delay the start of pile driving activities if marine mammals are observed during the pre-clearance monitoring period and would implement hearing group-specific shutdown zones during the activities. Furie would also implement soft-start procedures to provide warning and/or give marine mammals a chance to leave the area prior to the hammer operating at full capacity.</P>
                    <P>In summary and as described above, the following factors (with additional analyses for Cook Inlet beluga whales included below) primarily support our preliminary determination that the impacts resulting from the activities described for both of these proposed IHAs are not expected to adversely affect the species or stocks through effects on annual rates of recruitment or survival:</P>
                    <P>• No serious injury or mortality is anticipated or proposed for authorization;</P>
                    <P>• Take by Level A harassment is not anticipated or proposed for authorization for any species except harbor seal;</P>
                    <P>• Exposure to sounds above harassment thresholds would likely be brief given the short duration of the specified activity and the transiting behavior of marine mammals in the action area;</P>
                    <P>• Marine mammal densities are low in the project area; therefore, there will not be substantial numbers of marine mammals exposed to the noise from the project compared to the affected population sizes;</P>
                    <P>
                        • Take would not occur in places and/or times where take would be more likely to accrue to impacts on reproduction or survival, such as within ESA-designated or proposed critical habitat, BIAs (other than for Cook Inlet beluga whales as described below), or other habitats critical to recruitment or survival (
                        <E T="03">e.g.,</E>
                         rookery);
                    </P>
                    <P>• The project area represents a very small portion of the available foraging area for all potentially impacted marine mammal species;</P>
                    <P>• Take would only occur within middle Cook Inlet and Trading Bay—a limited area of any given species or stock's home range;</P>
                    <P>• Monitoring reports from previous tugging activities in Cook Inlet have documented little to no observable effect on individuals of the same species and stocks impacted by the specified activities;</P>
                    <P>
                        • The required mitigation measures (
                        <E T="03">i.e.,</E>
                         pre-clearance monitoring, vessel maneuver) are expected to be effective in reducing the effects of the specified activity by minimizing the numbers of marine mammals exposed to sound and the intensity of the exposures; and
                    </P>
                    <P>• The intensity of anticipated takes by Level B harassment is low for all species and stocks, consisting of, at worst, temporary modifications in behavior, and would not be of a duration or intensity expected to result in impacts on reproduction or survival of individuals.</P>
                    <HD SOURCE="HD2">Cook Inlet Beluga Whale</HD>
                    <P>For Cook Inlet beluga whales, we further discuss our negligible impact analysis in addition to the assessment above for all species in the context of potential impacts to this endangered stock based on our evaluation of the take proposed to be authorized (table 13).</P>
                    <P>
                        All tugging activities would be done in a manner implementing best management practices to preserve water quality, and no work would occur around creek mouths or river systems leading to prey abundance reductions. In addition, no physical structures would restrict passage; however, impacts to the acoustic habitat are relevant and discussed here.While the specified activity would occur within Cook Inlet beluga whale Critical Habitat Area 2 (and potentially Area 1, depending on the origin of the tug tow), and recognizing that Cook Inlet beluga whales have been identified as a small and resident population, monitoring data from Hilcorp's activities suggest that tugging activities do not discourage Cook Inlet beluga whales from transiting throughout Cook Inlet and between critical habitat areas and that the whales do not abandon critical habitat areas (Horsley and Larson, 2023). In addition, large numbers of Cook Inlet beluga whales have continued to use Cook Inlet and pass through the area, likely traveling to critical foraging grounds found in upper Cook Inlet, while noise-producing anthropogenic activities, including vessel use, have taken place during the past two decades (
                        <E T="03">e.g.,</E>
                         Shelden 
                        <E T="03">et al.</E>
                         2013, 2015, 2017, 2022; Shelden and Wade 2019; Geotz 
                        <E T="03">et al.</E>
                         2023). These findings are not surprising as food is a strong motivation for marine mammals. As described in Forney 
                        <E T="03">et al.</E>
                         (2017), animals typically favor particular areas because of their importance for survival (
                        <E T="03">e.g.,</E>
                         feeding or breeding), and leaving may have significant costs to fitness (reduced foraging success, increased predation risk, increased exposure to other anthropogenic threats). Consequently, animals may be highly motivated to maintain foraging behavior in historical foraging areas despite negative impacts (
                        <E T="03">e.g.,</E>
                         Rolland 
                        <E T="03">et al.</E>
                         2012).
                    </P>
                    <P>
                        Generation of sound may result in avoidance behaviors that would be 
                        <PRTPAGE P="51130"/>
                        limited in time and space relative to the larger availability of important habitat areas in Cook Inlet; however, the area ensonified by sound from the specified activity is anticipated to be small compared to the overall available critical habitat for Cook Inlet beluga whales to feed and travel. Therefore, the specified activity would not create a barrier to movement through or within important areas. We anticipate that disturbance to Cook Inlet beluga whales would manifest in the same manner as other marine mammals described above (
                        <E T="03">i.e.,</E>
                         increased swimming speeds, changes in the direction of travel and dive behaviors, increased respiration rates, decreased foraging (if such activity were occurring), or alterations to communication signals). We do not believe exposure to elevated noise levels during transit past tugging or construction activities would have adverse effects on individuals' fitness for reproduction or survival.
                    </P>
                    <P>
                        Although data demonstrate that Cook Inlet beluga whales are not abandoning the planned project area during anthropogenic activities, results of an expert elicitation (EE) at a 2016 workshop, which predicted the impacts of noise on Cook Inlet beluga whale survival and reproduction given lost foraging opportunities, helped to inform our assessment of impacts on this stock. The 2016 EE workshop used conceptual models of an interim population consequences of disturbance (PCoD) for marine mammals (NRC, 2005; New 
                        <E T="03">et al.</E>
                         2014; Tollit 
                        <E T="03">et al.</E>
                         2016) to help in understanding how noise-related stressors might affect vital rates (survival, birth rate and growth) for Cook Inlet beluga whale (King 
                        <E T="03">et al.</E>
                         2015). NMFS (2016b) suggests that the main direct effects of noise on Cook Inlet beluga whales are likely to be through masking of vocalizations used for communication and prey location and habitat degradation. The 2016 workshop on Cook Inlet beluga whales was specifically designed to provide regulators with a tool to help understand whether chronic and acute anthropogenic noise from various sources and projects are likely to be limiting recovery of the Cook Inlet beluga whale population. The full report can be found at 
                        <E T="03">https://www.smruconsulting.com/publications/</E>
                         with a summary of the expert elicitation portion of the workshop below.
                    </P>
                    <P>
                        For each of the noise effect mechanisms chosen for EE, the experts provided a set of parameters and values that determined the forms of a relationship between the number of days of disturbance a female Cook Inlet beluga whale experiences in a particular period and the effect of that disturbance on her energy reserves. Examples included the number of days of disturbance during the period of April, May, and June that would be predicted to reduce the energy reserves of a pregnant Cook Inlet beluga whale to such a level that she is certain to terminate the pregnancy or abandon the calf soon after birth, the number of days of disturbance in the period of April-September required to reduce the energy reserves of a lactating Cook Inlet beluga whale to a level where she is certain to abandon her calf, and the number of days of disturbance where a female fails to gain sufficient energy by the end of summer to maintain herself and her calf during the subsequent winter. Overall, median values ranged from 16 to 69 days of disturbance depending on the question. However, for this elicitation, a “day of disturbance” was defined as any day on which an animal loses the ability to forage for at least one tidal cycle (
                        <E T="03">i.e.,</E>
                         it forgoes 50-100 percent of its energy intake on that day). The day of disturbance considered in the context of the report is notably more severe than the Level B harassment expected to result from these activities, which as described is expected to be comprised predominantly of temporary modifications in the behavior of individual Cook Inlet beluga whales (
                        <E T="03">e.g.,</E>
                         faster swim speeds, longer dives, decreased sighting durations, alterations in communication). Also, NMFS proposes to authorize 11 instances of take by Level B harassment during each year, with the instances representing disturbance events within a day—this means that either 11 different individual Cook Inlet beluga whales are disturbed on no more than 1 day each, or some lesser number of individuals may be disturbed on more than 1 day, but with the total number of takes not exceeding 11. Given the overall anticipated take, and the short duration of the specified activities, it is unlikely that any one Cook Inlet beluga whale will be disturbed on more than a couple of days. Further, Furie has proposed mitigation measures specific to Cook Inlet beluga whales whereby they would not begin tugging activities should a Cook Inlet beluga whale be observed at any distance. While take by Level B harassment (behavioral disturbance) would be authorized, this measure, along with other mitigation measures described herein, would limit the severity of the effects of that Level B harassment to behavioral changes such as increased swim speeds, changes in diving and surfacing behaviors, and alterations to communication signals, not the loss of foraging capabilities. Finally, take by mortality, serious injury, or Level A harassment of Cook Inlet beluga whales is not anticipated or proposed to be authorized.
                    </P>
                    <P>In summary and as described above, the additional following factors primarily support our preliminary determination that the impacts resulting from this activity are not expected to adversely affect the Cook Inlet beluga whale through effects on annual rates of recruitment or survival:</P>
                    <P>• The area of exposure would be limited to habitat primarily used for transiting, and not areas known to be of particular importance for feeding or reproduction;</P>
                    <P>• The activities are not expected to result in Cook Inlet beluga whales abandoning critical habitat nor are they expected to restrict passage of Cook Inlet beluga whales within or between critical habitat areas; and</P>
                    <P>• Any disturbance to Cook Inlet beluga whales is expected to be limited to temporary modifications in behavior, and would not be of a duration or intensity expected to result in impacts on reproduction or survival.</P>
                    <P>Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the proposed monitoring and mitigation measures, NMFS preliminarily finds that the total marine mammal take proposed for Year 1 of activity will have a negligible impact on all affected marine mammal species or stocks. Separately, NMFS preliminary finds that the total marine mammal take proposed for Year 2 of activity will have a negligible impact on all affected marine mammal species or stocks.</P>
                    <HD SOURCE="HD1">Small Numbers</HD>
                    <P>
                        As noted previously, take of only small numbers of marine mammals may be authorized under sections 101(a)(5)(A) and (D) of the MMPA for specified activities other than military readiness activities. The MMPA does not define small numbers and so, in practice, where estimated numbers are available, NMFS compares the number of individuals taken to the most appropriate estimation of abundance of the relevant species or stock in our determination of whether an authorization is limited to small numbers of marine mammals. When the predicted number of individuals to be taken is fewer than one-third of the species or stock abundance, the take is considered to be of small numbers. Additionally, other qualitative factors may be considered in the analysis, such 
                        <PRTPAGE P="51131"/>
                        as the temporal or spatial scale of the activities.
                    </P>
                    <P>Table 13 provides the quantitative analysis informing our small numbers determinations for the Year 1 and Year 2 IHAs. For all stocks whose abundance estimate is known, the amount of taking is less than one-third of the best available population abundance estimate (in fact it is less than 1 percent for all stocks, except for Cook Inlet beluga whales whose proposed take is 3.9 percent of the stock; table 13). The number of animals proposed for authorization to be taken from these stocks therefore, would be considered small relative to the relevant stock's abundances even if each estimated take occurred to a new individual.</P>
                    <P>
                        Abundance estimates for the Mexico-North Pacific stock of humpback whales are based upon data collected more than 8 years ago and, therefore, current estimates are considered unknown (Young 
                        <E T="03">et al.</E>
                         2023). The most recent minimum population estimates (N
                        <E T="52">MIN</E>
                        ) for this population include an estimate of 2,241 individuals between 2003 and 2006 (Martinez-Aguilar 2011) and 766 individuals between 2004 and 2006 (Wade 2021). NMFS' Guidelines for Assessing Marine Mammal Stocks suggest that the N
                        <E T="52">MIN</E>
                         estimate of the stock should be adjusted to account for potential abundance changes that may have occurred since the last survey and provide reasonable assurance that the stock size is at least as large as the estimate (NMFS 2023b). The abundance trend for this stock is unclear; therefore, there is no basis for adjusting these estimates (Young 
                        <E T="03">et al.</E>
                         2023). Assuming the population has been stable, and that the 3 takes of humpback whale proposed for authorization would all be of the Mexico-North Pacific stock, this represents small numbers of this stock (less than 1 percent of the stock assuming an N
                        <E T="52">MIN</E>
                         of 2,241 individuals and &lt;1 percent of the stock assuming an N
                        <E T="52">MIN</E>
                         of 766 individuals).
                    </P>
                    <P>
                        A lack of an accepted stock abundance value for the Alaska stock of minke whale did not allow for the calculation of an expected percentage of the population that would be affected during each year. The most relevant estimate of partial stock abundance is 1,233 minke whales in coastal waters of the Alaska Peninsula and Aleutian Islands (Zerbini 
                        <E T="03">et al.</E>
                         2006). Given three takes by Level B harassment proposed for authorization for the stock during Year 1 and Year 2, comparison to the best estimate of stock abundance shows, at most, less than 1 percent of the stock would be expected to be impacted.
                    </P>
                    <P>
                        There is no stock-wide abundance estimate for Northeast Pacific fin whales. However, Young 
                        <E T="03">et al.</E>
                         (2022) estimate the minimum stock size for the areas surveyed is 2,554. Given 2 takes by Level B harassment proposed for authorization for the stock during Year 1 and Year 2, comparison to the minimum population estimate shows, at most, less than 1 percent of the stock would be expected to be impacted.
                    </P>
                    <P>
                        The Alaska stock of Dall's porpoise has no official NMFS abundance estimate for this area, as the most recent estimate is greater than 8 years old. As described in the 2022 Alaska SAR (Young 
                        <E T="03">et al.</E>
                         2023) the minimum population estimate is assumed to correspond to the point estimate of the 2015 vessel-based abundance computed by Rone 
                        <E T="03">et al.</E>
                         (2017) in the Gulf of Alaska (N = 13,110; CV = 0.22). Given 6 takes by Level B harassment proposed for authorization for the stock during Year 1 and Year 2, comparison to the minimum population estimate shows, at most, less than 1 percent of the stock would be expected to be impacted.
                    </P>
                    <P>Based on the analysis contained herein of the proposed activity (including the proposed mitigation and monitoring measures) and the anticipated take of marine mammals, NMFS preliminarily finds that small numbers of marine mammals would be taken relative to the population size of the affected species or stocks for the Year 1 IHA. Separately, NMFS also preliminarily finds that small numbers of marine mammals will be taken relative to the population size of the affected species or stocks for the Year 2 IHA.</P>
                    <HD SOURCE="HD1">Unmitigable Adverse Impact Analysis and Determination</HD>
                    <P>In order to issue an IHA, NMFS must find that the specified activity will not have an “unmitigable adverse impact” on the subsistence uses of the affected marine mammal species or stocks by Alaskan Natives. NMFS has defined “unmitigable adverse impact” in 50 CFR 216.103 as an impact resulting from the specified activity: (1) That is likely to reduce the availability of the species to a level insufficient for a harvest to meet subsistence needs by: (i) Causing the marine mammals to abandon or avoid hunting areas; (ii) Directly displacing subsistence users; or (iii) Placing physical barriers between the marine mammals and the subsistence hunters; and (2) That cannot be sufficiently mitigated by other measures to increase the availability of marine mammals to allow subsistence needs to be met.</P>
                    <P>
                        Subsistence communities identified as project stakeholders near Furie's middle Cook Inlet (and potentially Trading Bay, depending on where Furie takes over the rig from Hilcorp) activities include the Village of Salamatof and the Native Village of Tyonek. The Alaska Department of Fish and Game Community Subsistence Information System does not contain data for Salamatof. For the purposes of our analyses for the Year 1 and Year 2 IHAs, we assume the subsistence uses are similar to those of nearby communities such as Kenai. Tyonek, on the western side of lower Cook Inlet, has a subsistence harvest area that extends from the Susitna River south to Tuxedni Bay (BOEM 2016). In Tyonek, harbor seals were harvested between June and September by 6 percent of the households (Jones 
                        <E T="03">et al.</E>
                         2015). Seals were harvested in several areas, encompassing an area stretching 32.2 km (20 mi) along the Cook Inlet coastline from the McArthur Flats north to the Beluga River. Seals were searched for or harvested in the Trading Bay areas as well as from the beach adjacent to Tyonek (Jones 
                        <E T="03">et al.</E>
                         2015). Subsistence hunting of whales is not known to currently occur in Cook Inlet.
                    </P>
                    <P>Furie's tug towing rig activities may overlap with subsistence hunting of seals. However, these activities typically occur along the shoreline or very close to shore near river mouths, whereas most of Furie's tugging (all, with the exception of returning the rig to the Rig Tender's Dock, located in an industrialized area of Nikiski, Alaska), as well as its pile driving, is in the middle of the Inlet and rarely near the shoreline or river mouths. Any harassment to harbor seals is anticipated to be short-term, mild, and not result in any abandonment or behaviors that would make the animals unavailable for harvest. However, to further minimize any potential effects of their action on subsistence activities, Furie plans to conduct stakeholder outreach before the planned operations in 2024 and 2025, according to its Stakeholder Engagement Plan. According to Furie, they contacted Alaska Native Tribes in the Cook Inlet Region by email and phone message. To date, Furie has not received any responses from the Tribes. Furie states it will expand the effort to include Cook Inlet Regional Inc. and Chugach Alaska Corporation and will continue to reach out to the Tribes as the project nears. Furie must coordinate with local Tribes as described in its Stakeholder Engagement Plan, notify the communities of any changes in the operation, and take action to avoid or mitigate impacts to subsistence harvests.</P>
                    <P>
                        Based on the description of the specified activity, the measures described to minimize adverse effects on the availability of marine mammals 
                        <PRTPAGE P="51132"/>
                        for subsistence purposes, and the proposed mitigation and monitoring measures, NMFS has preliminarily determined that there will not be an unmitigable adverse impact on subsistence uses from Furie's proposed activities under the Year 1 IHA. Separately, NMFS has also preliminarily determined that there will not be an unmitigable adverse impact on subsistence uses from Furie's proposed activities under the Year 2 IHA.
                    </P>
                    <HD SOURCE="HD1">Endangered Species Act</HD>
                    <P>
                        Section 7(a)(2) of the ESA of 1973 (16 U.S.C. 1531 
                        <E T="03">et seq.</E>
                        ) requires that each Federal agency insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally whenever we propose to authorize take for endangered or threatened species, in this case with the NMFS Alaska Regional Office (AKRO).
                    </P>
                    <P>NMFS is proposing to authorize take of fin whale, humpback whale (Mexico Distinct Population Segment (DPS), beluga whale (Cook Inlet), and Steller sea lion (Western DPS), which are listed under the ESA. The Permits and Conservation Division has requested initiation of section 7 consultation with the NMFS AKRO for the issuance of this IHA. NMFS will conclude the ESA consultation prior to reaching a determination regarding the proposed issuance of the authorization.</P>
                    <HD SOURCE="HD1">Proposed Authorization</HD>
                    <P>
                        As a result of these preliminary determinations, NMFS proposes to issue two IHAs to Furie for conducting oil and gas activities in Cook Inlet, Alaska from 2024-2026, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. Drafts of the proposed IHAs can be found at: 
                        <E T="03">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.</E>
                    </P>
                    <HD SOURCE="HD1">Request for Public Comments</HD>
                    <P>We request comment on our analyses, the proposed authorization, and any other aspect of this notice of proposed IHAs for the proposed oil and gas activities. We also request comment on the potential renewal of these proposed IHAs as described in the paragraph below. Please include with your comments any supporting data or literature citations to help inform decisions on the proposed IHAs or a subsequent renewal IHA.</P>
                    <P>
                        On a case-by-case basis, NMFS may issue a one-time, 1-year renewal IHA following notice to the public providing an additional 15 days for public comments when (1) up to another year of identical or nearly identical activities as described in the Description of Proposed Activity section of this notice is planned; or (2) the activities as described in the Description of Proposed Activity section of this notice would not be completed by the time the IHA expires and a renewal would allow for completion of the activities beyond that described in the 
                        <E T="03">Dates and Duration</E>
                         section of this notice, provided all of the following conditions are met:
                    </P>
                    <P>• A request for renewal is received no later than 60 days prior to the needed renewal IHA effective date (recognizing that the renewal IHA expiration date cannot extend beyond one year from expiration of the initial IHA).</P>
                    <P>• The request for renewal must include the following:</P>
                    <P>
                        (1) An explanation that the activities to be conducted under the requested renewal IHA are identical to the activities analyzed under the initial IHA, are a subset of the activities, or include changes so minor (
                        <E T="03">e.g.,</E>
                         reduction in pile size) that the changes do not affect the previous analyses, mitigation and monitoring requirements, or take estimates (with the exception of reducing the type or amount of take); and
                    </P>
                    <P>(2) A preliminary monitoring report showing the results of the required monitoring to date and an explanation showing that the monitoring results do not indicate impacts of a scale or nature not previously analyzed or authorized;</P>
                    <P>• Upon review of the request for renewal, the status of the affected species or stocks, and any other pertinent information, NMFS determines that there are no more than minor changes in the activities, the mitigation and monitoring measures will remain the same and appropriate, and the findings in the initial IHA remain valid.</P>
                    <SIG>
                        <DATED>Dated: June 10, 2024.</DATED>
                        <NAME>Angela Somma,</NAME>
                        <TITLE>Acting Director, Office of Protected Resources, National Marine Fisheries Service.</TITLE>
                    </SIG>
                </SUPLINF>
                <FRDOC>[FR Doc. 2024-13000 Filed 6-13-24; 8:45 am]</FRDOC>
                <BILCOD>BILLING CODE 3510-22-P</BILCOD>
            </NOTICE>
        </NOTICES>
    </NEWPART>
    <VOL>89</VOL>
    <NO>116</NO>
    <DATE>Friday, June 14, 2024</DATE>
    <UNITNAME>Proposed Rules</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="51133"/>
            <PARTNO>Part IV</PARTNO>
            <AGENCY TYPE="P">Environmental Protection Agency</AGENCY>
            <CFR>40 CFR Part 751</CFR>
            <TITLE>n-Methylpyrrolidone (NMP); Regulation Under the Toxic Substances Control Act (TSCA); Proposed Rule</TITLE>
        </PTITLE>
        <PRORULES>
            <PRORULE>
                <PREAMB>
                    <PRTPAGE P="51134"/>
                    <AGENCY TYPE="S">ENVIRONMENTAL PROTECTION AGENCY</AGENCY>
                    <CFR>40 CFR Part 751</CFR>
                    <DEPDOC>[EPA-HQ-OPPT-2020-0744; FRL-8330-02-OCSPP]</DEPDOC>
                    <RIN>RIN 2070-AK85</RIN>
                    <SUBJECT>n-Methylpyrrolidone (NMP); Regulation Under the Toxic Substances Control Act (TSCA)</SUBJECT>
                    <AGY>
                        <HD SOURCE="HED">AGENCY:</HD>
                        <P>Environmental Protection Agency (EPA).</P>
                    </AGY>
                    <ACT>
                        <HD SOURCE="HED">ACTION:</HD>
                        <P>Proposed rule.</P>
                    </ACT>
                    <SUM>
                        <HD SOURCE="HED">SUMMARY:</HD>
                        <P>The Environmental Protection Agency (EPA or the “Agency”) is proposing to address the unreasonable risk of injury to human health presented by n-methylpyrrolidone (NMP) under its conditions of use as documented in EPA's risk evaluation and risk determination for NMP pursuant to the Toxic Substances Control Act (TSCA). NMP is a widely used solvent in a variety of industrial, commercial, and consumer applications including the manufacture and production of electronics such as semiconductors, polymers, petrochemical products, paints and coatings, and paint and coating removers. EPA determined that NMP presents an unreasonable risk of injury to health due to the significant adverse health effects associated with exposure to NMP, including developmental post-implantation fetal loss from short-term exposure and reduced fertility and fecundity from long-term exposure. Additional adverse effects associated with exposure to NMP include liver toxicity, kidney toxicity, immunotoxicity, neurotoxicity, skin irritation, and sensitization. To address the identified unreasonable risk, EPA is proposing to: prohibit the manufacture (including import), processing, and distribution in commerce and use of NMP in several occupational conditions of use; require worker protections through an NMP workplace chemical protection program (WCPP) or prescriptive controls (including concentration limits) for most of the occupational conditions of use; require concentration limits on a consumer product; regulate certain consumer products to prevent commercial use; and establish recordkeeping, labeling, and downstream notification requirements.</P>
                    </SUM>
                    <EFFDATE>
                        <HD SOURCE="HED">DATES:</HD>
                        <P>Comments must be received on or before July 29, 2024. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before July 15, 2024.</P>
                    </EFFDATE>
                    <ADD>
                        <HD SOURCE="HED">ADDRESSES:</HD>
                        <P>
                            Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2020-0744, through the Federal eRulemaking Portal at 
                            <E T="03">https://www.regulations.gov</E>
                            . Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at 
                            <E T="03">https://www.epa.gov/dockets/.</E>
                        </P>
                    </ADD>
                    <FURINF>
                        <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
                        <P/>
                        <P>
                            <E T="03">For technical information contact:</E>
                             Clara Hull, Existing Chemicals Risk Management Division, Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 564-3954; email address: 
                            <E T="03">NMP.TSCA@epa.gov</E>
                            .
                        </P>
                        <P>
                            <E T="03">For general information contact:</E>
                             The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: 
                            <E T="03">TSCA-Hotline@epa.gov.</E>
                        </P>
                    </FURINF>
                </PREAMB>
                <SUPLINF>
                    <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
                    <P/>
                    <HD SOURCE="HD1">I. Executive Summary</HD>
                    <HD SOURCE="HD2">A. Does this action apply to me?</HD>
                    <HD SOURCE="HD3">1. General</HD>
                    <P>You may be potentially affected by the proposed action if you manufacture (defined under TSCA to include import), process, distribute in commerce, use, or dispose of NMP or products containing NMP. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities include:</P>
                    <P>• Abrasive Product Manufacturing (NAICS Code 327910);</P>
                    <P>• Adhesive Manufacturing (NAICS Code 325520);</P>
                    <P>• Aerospace Product and Parts Manufacturing (NAICS Code 336400);</P>
                    <P>• Agriculture, Construction, and Mining Machinery Manufacturing (NAICS Code 333100);</P>
                    <P>• Aircraft Manufacturing (NAICS Code 336411);</P>
                    <P>• All Other Automotive Repair and Maintenance (NAICS Code 811198);</P>
                    <P>• All Other Basic Organic Chemical Manufacturing (NAICS Code 325199);</P>
                    <P>• All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS Code 325998);</P>
                    <P>• All Other Miscellaneous Electrical Equipment and Component Manufacturing (NAICS Code 335999);</P>
                    <P>• All Other Miscellaneous Manufacturing (NAICS Code 339999);</P>
                    <P>• All Other Miscellaneous Store Retailers (except Tobacco Stores) (NAICS Code 453998);</P>
                    <P>• All Other Plastics Product Manufacturing (NAICS Code 326199);</P>
                    <P>• All Other Specialty Trade Contractors (NAICS Code 238990);</P>
                    <P>• Alumina and Aluminum Production and Processing (NAICS Code 331300);</P>
                    <P>• Appliance Repair and Maintenance (NAICS Code 811412);</P>
                    <P>• Architectural and Structural Metals Manufacturing (NAICS Code 332300);</P>
                    <P>• Art Dealers (NAICS Code 453920);</P>
                    <P>• Artificial and Synthetic Fibers and Filaments Manufacturing (NAICS Code 325220);</P>
                    <P>• Audio and Video Equipment Manufacturing (NAICS Code 334300);</P>
                    <P>• Automobile Dealers (NAICS Code 441110);</P>
                    <P>• Automotive Body, Paint and Interior Repair and Maintenance (NAICS Code 811121);</P>
                    <P>• Automotive Exhaust System Repair (NAICS Code 811112);</P>
                    <P>• Automotive Glass Replacement Shops (NAICS Code 811122);</P>
                    <P>• Automotive Oil Change and Lubrication Shops (NAICS Code 811191);</P>
                    <P>• Automotive Parts and Accessories Stores (NAICS Code 441310);</P>
                    <P>• Automotive Transmission Repair (NAICS Code 811113);</P>
                    <P>• Boiler, Tank, and Shipping Container Manufacturing (NAICS Code 332400);</P>
                    <P>• Books Printing (NAICS Code 323117);</P>
                    <P>• Broadwoven Fabric Mills (NAICS Code 313210);</P>
                    <P>• Car Washes (NAICS Code 811192);</P>
                    <P>• Coating, Engraving, Heat Treating, and Allied Activities (NAICS Code 332800);</P>
                    <P>• Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance (NAICS Code 811310);</P>
                    <P>• Commercial and Institutional Building Construction (NAICS Code 236220);</P>
                    <P>• Commercial and Service Industry Machinery Manufacturing (NAICS Code 333300);</P>
                    <P>• Commercial Printing (except Screen and Books) (NAICS Code 323111);</P>
                    <P>
                        • Commercial Screen Printing (NAICS Code 323113);
                        <PRTPAGE P="51135"/>
                    </P>
                    <P>• Commercial, Industrial and Institutional Electric Lighting Fixture Manufacturing (NAICS Code 335122);</P>
                    <P>• Communication Equipment Repair and Maintenance (NAICS Code 811213);</P>
                    <P>• Communications Equipment Manufacturing (NAICS Code 334200);</P>
                    <P>• Computer and Office Machine Repair and Maintenance (NAICS Code 811212);</P>
                    <P>• Computer and Peripheral Equipment Manufacturing (NAICS Code 334100);</P>
                    <P>• Computer Terminal and Other Computer Peripheral Equipment Manufacturing (NAICS Code 334118);</P>
                    <P>• Consumer Electronics Repair and Maintenance (NAICS Code 811211);</P>
                    <P>• Cut Stock, Resawing Lumber, and Planing (NAICS Code 321912);</P>
                    <P>• Cutlery and Handtool Manufacturing (NAICS Code 332200);</P>
                    <P>• Dental Equipment and Supplies Manufacturing (NAICS Code 339114);</P>
                    <P>• Drywall and Insulation Contractors (NAICS Code 238310);</P>
                    <P>• Electric Lighting Equipment Manufacturing (NAICS Code 335100);</P>
                    <P>• Electrical Contractors and Other Wiring Installation Contractors (NAICS Code 238210);</P>
                    <P>• Electrical Equipment Manufacturing (NAICS Code 335300);</P>
                    <P>• Engine, Turbine, and Power Transmission Equipment Manufacturing (NAICS Code 333600);</P>
                    <P>• Executive Offices (NAICS Code 921110);</P>
                    <P>• Fabric Coating Mills (NAICS Code 313320);</P>
                    <P>• Facilities Support Services (NAICS Code 561200);</P>
                    <P>• Flooring Contractors (NAICS Code 238330);</P>
                    <P>• Fluid Power Cylinder and Actuator Manufacturing (NAICS Code 333995);</P>
                    <P>• Footwear Manufacturing (NAICS Code 316210);</P>
                    <P>• Forging and Stamping (NAICS Code 332100);</P>
                    <P>• Foundries (NAICS Code 331500);</P>
                    <P>• Framing Contractors (NAICS Code 238130);</P>
                    <P>• Furniture Stores (NAICS Code 442110);</P>
                    <P>• General Automotive Repair (NAICS Code 811111);</P>
                    <P>• Glass and Glazing Contractors (NAICS Code 238150);</P>
                    <P>• Hardware Manufacturing (NAICS Code 332500);</P>
                    <P>• Hazardous Waste Treatment and Disposal (NAICS Code 562211);</P>
                    <P>• Highway, Street, and Bridge Construction (NAICS Code 237310);</P>
                    <P>• Home and Garden Equipment Repair and Maintenance (NAICS Code 811411);</P>
                    <P>• Home Furnishing Merchant Wholesalers (NAICS Code 423220);</P>
                    <P>• Household Appliance Manufacturing (NAICS Code 335200);</P>
                    <P>• Independent Artists, Writers and Performers (NAICS Code 711510);</P>
                    <P>• Industrial Building Construction (NAICS Code 236210);</P>
                    <P>• Industrial Gas Manufacturing (NAICS Code 325120);</P>
                    <P>• Industrial Machinery Manufacturing (NAICS Code 333200);</P>
                    <P>• Investment Advice (NAICS Code 523930);</P>
                    <P>• Iron and Steel Mills and Ferroalloy Manufacturing (NAICS Code 331100);</P>
                    <P>• Lessors of Other Real Estate Property (NAICS Code 531190);</P>
                    <P>• Machine Shops; Turned Product; and Screw, Nut, and Bolt Manufacturing (NAICS Code 332700);</P>
                    <P>• Manufacturing and Reproducing Magnetic and Optical Media (NAICS Code 334600);</P>
                    <P>• Masonry Contractors (NAICS Code 238140);</P>
                    <P>• Materials Recovery Facilities (NAICS Code 562920);</P>
                    <P>• Medical Equipment and Supplies Manufacturing (NAICS Code 339100);</P>
                    <P>• Metal Coating, Engraving (except Jewelry and Silverware), and Allied Services to Manufacturers (NAICS Code 332812);</P>
                    <P>• Metalworking Machinery Manufacturing (NAICS Code 333500);</P>
                    <P>• Miscellaneous Intermediation (NAICS Code 523910);</P>
                    <P>• Motor Vehicle Body and Trailer Manufacturing (NAICS Code 336200);</P>
                    <P>• Motor Vehicle Manufacturing (NAICS Code 336100);</P>
                    <P>• Motor Vehicle Parts Manufacturing (NAICS Code 336300);</P>
                    <P>• Motor Vehicle Supplies and New Parts Merchant Wholesalers (NAICS Code 423120);</P>
                    <P>• Motor Vehicle Towing (NAICS Code 488410);</P>
                    <P>• Museums (NAICS Code 712110);</P>
                    <P>• Navigational, Measuring, Electromedical, and Control Instruments Manufacturing (NAICS Code 334500);</P>
                    <P>• New Car Dealers (NAICS Code 441110);</P>
                    <P>• New Housing For-Sale Builders (NAICS Code 236117);</P>
                    <P>• New Multifamily Housing Construction (except For-Sale Builders) (NAICS Code 236116);</P>
                    <P>• New Single-family Housing Construction (Except For-Sale Builders) (NAICS Code 236115);</P>
                    <P>• Nitrogenous Fertilizer Manufacturing (NAICS Code 325311);</P>
                    <P>• Nonferrous Metal (except Aluminum) Production and Processing (NAICS Code 331400);</P>
                    <P>• Non-upholstered Wood Household Furniture Manufacturing (NAICS Code 337122);</P>
                    <P>• Office Administrative Services (NAICS Code 561110);</P>
                    <P>• Oil and Gas Pipeline and Related Structures Construction (NAICS Code 237120);</P>
                    <P>• Other Aircraft Part and Auxiliary Equipment Manufacturing7 (NAICS Code 336413);</P>
                    <P>• Other Automotive Mechanical and Electrical Repair and Maintenance (NAICS Code 811118);</P>
                    <P>• Other Basic Inorganic Chemical Manufacturing (NAICS Code 325180);</P>
                    <P>• Other Building Equipment Contractors (NAICS Code 238290);</P>
                    <P>• Other Chemical and Allied Products Merchant Wholesalers (NAICS Code 424690);</P>
                    <P>• Other Concrete Product Manufacturing (NAICS Code 327390);</P>
                    <P>• Other Construction Material Merchant Wholesalers (NAICS Code 423390);</P>
                    <P>• Other Electrical Equipment and Component Manufacturing (NAICS Code 335900);</P>
                    <P>• Other Electronic and Precision Equipment Repair and Maintenance (NAICS Code 811219);</P>
                    <P>• Other Equipment and Component Manufacturing (NAICS Code 335900);</P>
                    <P>• Other Fabricated Metal Product Manufacturing (NAICS Code 332900);</P>
                    <P>• Other Foundation, Structure, and Building Exterior Contractors (NAICS Code 238190);</P>
                    <P>• Other General Purpose Machinery Manufacturing (NAICS Code 333900);</P>
                    <P>• Other Heavy and Civil Engineering Construction (NAICS Code 237990);</P>
                    <P>• Other Industrial Machinery Manufacturing (NAICS Code 333249);</P>
                    <P>• Other Measuring and Controlling Device Manufacturing (NAICS Code 334519);</P>
                    <P>• Other Nonhazardous Waste Treatment and Disposal (NAICS Code 562219);</P>
                    <P>• Other Personal and Household Goods Repair and Maintenance (NAICS Code 811490);</P>
                    <P>• Other Professional Equipment and Supplies Merchant Wholesalers (NAICS Code 423490);</P>
                    <P>• Paint and Coating Manufacturing (NAICS Code 325510);</P>
                    <P>• Painting and Wall Covering Contractors (NAICS Code 238320);</P>
                    <P>• Paper Bag and Coated and Treated Paper Manufacturing (NAICS Code 322220);</P>
                    <P>• Pesticide and Other Agricultural Chemical Manufacturing (NAICS Code 325320);</P>
                    <P>• Petrochemical Manufacturing (NAICS Code 325110);</P>
                    <P>
                        • Petroleum and Petroleum Products Merchant Wholesalers (except Bulk Stations and Terminals) (NAICS Code 424720);
                        <PRTPAGE P="51136"/>
                    </P>
                    <P>• Petroleum Bulk Stations and Terminals (NAICS Code 424710);</P>
                    <P>• Petroleum Lubricating Oil and Grease Manufacturing (NAICS Code 324191);</P>
                    <P>• Petroleum Refineries (NAICS Code 324110);</P>
                    <P>• Plastics Material and Resin Manufacturing (NAICS Code 325211);</P>
                    <P>• Plumbing, Heating, and Air-Conditioning Contractors (NAICS Code 238220);</P>
                    <P>• Polish and Other Sanitation Good Manufacturing (NAICS Code 325612);</P>
                    <P>• Poured Concrete Foundation and Structure Contractors (NAICS Code 238110);</P>
                    <P>• Power and Communication Line and Related Structures Construction (NAICS Code 237130);</P>
                    <P>• Railroad Rolling Stock Manufacturing (NAICS Code 336500);</P>
                    <P>• Residential Remodelers (NAICS Code 236118);</P>
                    <P>• Reupholstery and Furniture Repair (NAICS Code 811420);</P>
                    <P>• Roofing Contractors (NAICS Code 238160);</P>
                    <P>• Roofing, Siding, and Insulation Material Merchant Wholesalers (NAICS Code 423330);</P>
                    <P>• Search, Detection, Navigation, Guidance, Aeronautical, and Nautical System and Instrument Manufacturing (NAICS Code 334511);</P>
                    <P>• Semiconductor and Other Electronic Component Manufacturing (NAICS Code 334400);</P>
                    <P>• Semiconductor and Related Device Manufacturing (NAICS Code 334413);</P>
                    <P>• Semiconductor Machinery Manufacturing (NAICS Code 333242);</P>
                    <P>• Service Establishment Equipment and Supplies Merchant Wholesalers (NAICS Code 423850);</P>
                    <P>• Ship Building and Repairing (NAICS Code 336611);</P>
                    <P>• Siding Contractors (NAICS Code 238170);</P>
                    <P>• Sign Manufacturing (NAICS Code 339950);</P>
                    <P>• Site Preparation Contractors (NAICS Code 238910);</P>
                    <P>• Soap and Other Detergent Manufacturing (NAICS Code 325611);</P>
                    <P>• Solid Waste Combustors and Incinerators (NAICS Code 562213);</P>
                    <P>• Solid Waste Landfill (NAICS Code 562212);</P>
                    <P>• Sporting Goods Stores (NAICS Code 451110);</P>
                    <P>• Spring and Wire Product Manufacturing (NAICS Code 332600);</P>
                    <P>• Steel Product Manufacturing from Purchased Steel (NAICS Code 331200);</P>
                    <P>• Storage Battery Manufacturing (NAICS Code 335911);</P>
                    <P>• Structural Steel and Precast Concrete Contractors (NAICS Code 238120);</P>
                    <P>• Support Activities for Printing (NAICS Code 323120);</P>
                    <P>• Testing Laboratories (NAICS Code 541380);</P>
                    <P>• Urethane and Other Foam Product (except Polystyrene) Manufacturing (NAICS Code 326150);</P>
                    <P>• Used Car Dealers (NAICS Code 441120);</P>
                    <P>• Used Merchandise Stores (NAICS Code 453310);</P>
                    <P>• Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment Manufacturing (NAICS Code 333400);</P>
                    <P>• Water and Sewer Line and Related Structures Construction (NAICS Code 237110); and</P>
                    <P>• Wood Kitchen Cabinet and Countertop Manufacturing (NAICS Code 337110).</P>
                    <HD SOURCE="HD3">2. Applicability to Importers and Exporters</HD>
                    <P>
                        This action may also affect certain entities through pre-existing import certification and export notification requirements under TSCA (
                        <E T="03">https://www.epa.gov/tsca-import-export-requirements</E>
                        ). Persons who import any chemical substance governed by a final TSCA section 6(a) rule are subject to the TSCA section 13 (15 U.S.C. 2612) import certification requirements and the corresponding regulations at 19 CFR 12.118 through 12.127 (see also 19 CFR 127.28). Those persons must certify that the shipment of the chemical substance complies with all applicable rules and orders under TSCA. The EPA policy in support of import certification appears at 40 CFR part 707, subpart B.
                    </P>
                    <P>In addition, any persons who export or intend to export a chemical substance that is the subject of this proposed rule are subject to the export notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b)), and must comply with the export notification requirements in 40 CFR part 707, subpart D.</P>
                    <P>
                        If you have any questions regarding the applicability of this proposed action to a particular entity, consult the technical information contact listed under 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                        .
                    </P>
                    <HD SOURCE="HD2">B. What is the Agency's authority for taking this action?</HD>
                    <P>Under TSCA section 6(a) (15 U.S.C. 2605(a)), if EPA determines through a TSCA section 6(b) risk evaluation that a chemical substance presents an unreasonable risk of injury to health or the environment, EPA must by rule apply one or more requirements listed in TSCA section 6(a) to the extent necessary so that the chemical substance or mixture no longer presents such risk.</P>
                    <HD SOURCE="HD2">C. What action is the Agency taking?</HD>
                    <P>Pursuant to TSCA section 6(b), EPA determined that NMP presents an unreasonable risk of injury to health, without consideration of costs or other non-risk factors, including an unreasonable risk to potentially exposed or susceptible subpopulations (PESS) identified as relevant to the 2020 Risk Evaluation for NMP by EPA, under the conditions of use (Refs. 1, 2). The term “conditions of use” is defined at TSCA section 3(4) (15 U.S.C. 2602(4)) to mean the circumstances under which a chemical substance is intended, known, or reasonably foreseen to be manufactured, processed, distributed in commerce, used, or disposed of. A detailed description of the conditions of use that EPA evaluated in reaching its determination that NMP presents an unreasonable risk is in Unit III.B.1. EPA notes that all TSCA conditions of use of NMP are subject to this proposal. Accordingly, to address the unreasonable risk, EPA is proposing, under TSCA section 6(a), to:</P>
                    <P>(i) Prohibit the manufacture (including import), processing, distribution in commerce, and use of NMP for five occupational conditions of use, as described in Unit IV.A.1.;</P>
                    <P>(ii) Require container size limits and labeling requirements for the manufacture (including import), processing, and distribution in commerce of NMP for seven consumer uses, as described in Unit IV.A.2.;</P>
                    <P>(iii) Require prescriptive controls, including concentration limits and personal protective equipment (PPE) for seven occupational conditions of use, as described in Unit IV.A.4.;</P>
                    <P>(iv) Require strict workplace controls, including an NMP WCPP, that would include requirements to prevent direct dermal contact with NMP, for all other occupational conditions of use, as described in Unit IV.A.3, including the commercial use of paints and coatings and paint, coating, and adhesive removers containing high concentrations of NMP in uses essential to the missions of the Department of Defense (DOD) and National Aeronautics and Space Administration (NASA);</P>
                    <P>(v) Require a concentration limit on NMP for the import, processing, and distribution in commerce of one consumer use, as described in Unit IV.A.5.;</P>
                    <P>
                        (vi) Establish recordkeeping and downstream notification requirements, as described in Unit IV.A.7.
                        <PRTPAGE P="51137"/>
                    </P>
                    <P>In addition, EPA is proposing to amend the general provisions of 40 CFR part 751, subpart A, to define the following terms so that these definitions may be commonly applied to this and other rules under TSCA section 6 that would be codified under 40 CFR part 751: “Direct dermal contact,” “Exposure group,” and “Restricted area.” EPA seeks public comment on all aspects of this proposal. These definitions may be codified in another rule under 40 CFR part 751 prior to the publication of the final rulemaking for NMP. EPA seeks public comment on all aspects of this proposal.</P>
                    <HD SOURCE="HD2">D. Why is the Agency taking this action?</HD>
                    <P>Under TSCA section 6(a), “[i]f the Administrator determines in accordance with subsection (b)(4)(A) that the manufacture, processing, distribution in commerce, use or disposal of a chemical substance or mixture, or that any combination of such activities, presents an unreasonable risk of injury to health or the environment, the Administrator shall by rule . . . apply one or more of the [section 6(a)] requirements to such substance or mixture to the extent necessary so that the chemical substance or mixture no longer presents such risk.” NMP was the subject of a risk evaluation under TSCA section 6(b)(4)(A) that was issued in December 2020 (Ref. 1). In addition, EPA issued a revised unreasonable risk determination in December 2022 (Ref. 3), determining that NMP, as a whole chemical substance, presents an unreasonable risk of injury to health under the conditions of use. As a result, EPA is proposing to take action to the extent necessary so that NMP no longer presents such risk. The unreasonable risk is described in Unit III.B.2. and the conditions of use EPA evaluated in reaching its conclusion that NMP presents unreasonable risk are described in Unit III.B.1.</P>
                    <P>NMP's hazards are well established. EPA's 2020 Risk Evaluation for NMP considered the hazards associated with exposure to NMP and determined that NMP presents an unreasonable risk of injury to health due to the significant adverse health effects associated with exposure to NMP. Some of the risks of adverse effects from NMP exposure may be acute and experienced for only a short duration. However, certain short duration exposures can result in irreversible impacts—such as post-implantation fetal loss. Other risks may be chronic and result in long-term impacts that are also irreversible. As described in the 2020 Risk Evaluation for NMP, post-implantation fetal loss and reduced fertility and fecundity are the most representative adverse effects of NMP exposure (Ref. 1). Other significant adverse effects include liver toxicity, kidney toxicity, immunotoxicity, neurotoxicity, irritation, and sensitization. EPA is proposing requirements so that NMP would no longer present unreasonable risk to human health, including PESS.</P>
                    <P>
                        EPA is proposing to ban several occupational conditions of use of NMP, such as processing of NMP for incorporation into articles in lubricants and as a lubricant additive in machinery manufacturing, and industrial and commercial use of NMP in anti-freeze and de-icing products, automotive care products, and lubricants, and greases. For some of these conditions of use, EPA has not identified any current use of NMP (
                        <E T="03">e.g.,</E>
                         in antifreeze, de-icing products, and lubricants); for most others, EPA has identified possible alternatives in the alternative assessment (Ref. 4). The uses that EPA proposes to prohibit comprise an estimated 18% of the current production volume of NMP. EPA is not proposing a complete ban on NMP. EPA determined that most consumer uses do not contribute to the unreasonable risk for NMP, largely due to the generally low concentration of NMP in consumer products and the infrequent use by consumers of those products (Ref. 1). However, the commercial use of the same types of products does contribute to the unreasonable risk because they generally contain higher concentrations of NMP and are used more frequently in commercial settings. Therefore, EPA is proposing to regulate these consumer products in a manner that will help ensure that these products are not diverted to commercial use, as is further described in Unit V.A.1.a.
                    </P>
                    <P>This rulemaking also proposes to allow certain uses of NMP to continue, provided that sufficient worker protection measures and stringent controls are in place to prevent direct dermal contact to NMP and address the unreasonable risk driven by direct dermal contact for most of the occupational conditions of use. For many of the occupational conditions of use, EPA is proposing strict workplace controls under a WCPP. These conditions of use include the manufacturing of NMP, processing NMP as a reactant or intermediate in plastic material and resin manufacturing and other non-incorporative processing and use of NMP as a laboratory chemical. These also include the use of NMP in the manufacture of specialized electronics, such as magnet wire, semiconductors, and lithium-ion batteries used in a wide variety of applications including aerospace vehicles or electronic devices, or the use of NMP in petrochemical manufacturing as a processing aid in lubricant extraction. These conditions of use comprise an estimated 44% of the current production volume of NMP. In many of these industries, EPA expects that facilities will already have in place the types of exposure controls that EPA proposes to require. For example, EPA understands that most workplaces using NMP in semiconductor manufacturing already have stringent controls in place that reduce workplace exposures. For other conditions of use, because EPA does not believe or have specific information demonstrating that direct dermal contact can reasonably be prevented, and expects the application method, such as spray application, to increase the contribution to the unreasonable risk from inhalation exposure, EPA is proposing limits on the weight fraction of NMP in formulated products in combination with personal protective equipment (PPE) and other workplace controls to address the unreasonable risk. These conditions of use include the commercial use of NMP in certain formulations, including various coatings, such as paint, adhesives, sealants, inks, and soldering materials in a variety of applications and their associated removers. These conditions of use comprise an estimated 37% of the current production volume of NMP. EPA is also proposing a limit on the weight fraction of NMP in one consumer use of NMP to mitigate the unreasonable risk to consumers from the use of NMP in adhesives and sealants.</P>
                    <P>
                        As noted earlier, the conditions of use that EPA is proposing to ban comprise an estimated 18% of the current production volume of NMP. Of the conditions of use that would not be prohibited, EPA expects the production volume for certain conditions of use to decline over time. For example, EPA expects the industrial and commercial use of NMP in paints and coatings to decline over time as formulators either reformulate to a lower concentration of NMP or away from NMP, especially as the requirement to meet strict workplace controls could result in a transition in many workplaces away from NMP to other chemical alternatives, such as those identified in the alternative analysis (Ref. 4). For other conditions of use, EPA expects the production volume to increase over time. For example, EPA expects the industrial and commercial use of NMP in the manufacture of specialized electronics, including semiconductors and lithium ion 
                        <PRTPAGE P="51138"/>
                        batteries, to increase as the global demand for electronic devices increases.
                    </P>
                    <P>EPA recognizes that some occupational conditions of use are important for national security applications or for other critical or essential uses for which no technically or economically feasible safer alternatives have been identified. While EPA has identified that prescriptive controls—including limiting the weight fraction of NMP in paints, coatings, or paint and coating removers or adhesive removers—could address the unreasonable risk, EPA also understands that DOD and NASA use high concentrations of NMP in uses critical to their missions. In the context of DOD and NASA use, EPA expects that the exposure controls that could be put into place under the WCPP could address the unreasonable risk. As a result, EPA is proposing that the WCPP could be used for specific DOD and NASA uses of high concentrations of NMP from the proposed prescriptive workplace controls for industrial and commercial uses of NMP in paints and coatings and for industrial and commercial uses of NMP in paint, coating, and adhesive removers. More information about these conditions of use, and their continuance to ensure aviation, including space vehicles, and military readiness is in Unit V.A.1.c.iii. EPA emphasizes that information available to EPA does not indicate that commercial users other than DOD or NASA use such high concentrations of NMP, or that they have a need for similar paints or coatings, or paint, coating, or adhesive removal. More information and EPA's requests for comment on these conditions of use is in Unit V.A.1.c.iii.</P>
                    <P>The 2020 Risk Evaluation for NMP assessed the risk of injury to health from exposure to NMP from the combination of several routes of exposure, including dermal, inhalation, and vapor through skin intrusion. The 2020 Risk Evaluation for NMP also compared the relative exposures from these pathways with and without direct liquid contact. Table 4-54 in the 2020 Risk Evaluation shows the calculated results, which show that for most, but not all conditions of use that 99-100% of exposure to NMP is due to dermal contact with liquid. EPA identified unreasonable risk for NMP predominately due to the dermal exposure pathway, as discussed in Units III.B.2. Thus, EPA has not identified and is not proposing to set an Existing Chemical Exposure Limit (ECEL) for NMP because such a level would only account for risk resulting from the inhalation pathway. Addressing inhalation risks alone would not mitigate the unreasonable risk from NMP. EPA's consideration of an ECEL for NMP is described further in in Unit V.A.3.</P>
                    <HD SOURCE="HD2">E. What are the estimated incremental impacts of this action?</HD>
                    <P>EPA has prepared an Economic Analysis of the potential incremental impacts associated with this rulemaking that can be found in the rulemaking docket (Ref. 5). As described in more detail in the Economic Analysis (Ref. 5) and in Units VI.D. and X.D., EPA's analysis of the incremental monetized costs of this proposed rule is estimated to be $396 million annualized over 20 years at a 3% discount rate and $397 million annualized over 20 years at a 7% discount rate. These costs take into consideration compliance with implementation of a WCPP, which would include dermal controls to prevent direct dermal contact, applicable PPE requirements including as part of prescriptive controls requirements, and costs for reformulation and container size restrictions of numerous products. Cost estimates by use category are provided in the Economic Analysis Table 7-36 (Ref. 5). The most notable unquantified costs include possible costs from prohibition of use of NMP for certain conditions of use as changes in labor time or differences in efficacy for a specific firm's use are unknown to EPA. Unquantified costs and other uncertainties in the cost analyses are described more fully in section 7.10 of the Economic Analysis (Ref. 5).</P>
                    <P>The actions proposed in this rulemaking are expected to achieve significant health benefits for the American public, most of which, while tangible and significant, cannot at present be monetized primarily due to a lack of applicable dose-response functions, which are the relationships between exposures and any incremental adverse effects. This issue is not unique to EPA and is a government-wide issue for many noncancer endpoints. EPA is requesting public comment on methodologies for developing noncancer human dose-response curves and valuation methods for the health endpoints identified for NMP in the Risk Evaluation, specifically willingness to pay studies. Non-monetized benefits include risk reduction of developmental and reproductive effects, liver toxicity, kidney toxicity, immunotoxicity, neurotoxicity, irritation, and sensitization. (Ref. 5) While the benefits to human health associated with risk reduction of developmental and reproductive effects, liver toxicity, kidney toxicity, immunotoxicity, neurotoxicity, irritation, and sensitization cannot be monetized at present, reductions in occurrence of these conditions clearly have monetary value to society. The importance of these reductions in occurrence should not be diminished or dismissed simply because EPA currently lacks the analytical tools to precisely monetize the positive societal impacts of this proposed regulation.</P>
                    <P>Human health risks were found at both chronic and acute exposure levels. Rather than accumulating over a lifetime, risks were found for workers exposed to NMP during the course of a workweek, or five days. The 2020 Risk Evaluation assumed one day of exposure for acute scenarios, and five days of exposure per week for chronic scenarios. Blood concentrations of NMP are expected to be eliminated over the course of a weekend with no exposure to NMP.</P>
                    <P>
                        The 2020 Risk Evaluation for NMP identified developmental effects as the most representative adverse effects of acute NMP exposure. EPA specified post-implantation loss as the critical effect of acute exposures over the course of a day. Post-implantation loss also referred to as fetal death or fetal mortality includes miscarriage, spontaneous abortion, or stillbirth, depending on when in the pregnancy it occurs. Fetal death may result from a single maternal exposure to NMP at a developmentally critical period (Ref. 1). Exposure to NMP during a single day (over 8 hours) was found to present risks of fetal death; further information is in section 3.2.3 of the 2020 Risk Evaluation (Ref. 1). While there are some estimates of the cost of medical treatment for miscarriage and stillbirth, there are no willingness-to-pay estimates of the value of reduced risk of fetal death. It is very likely that willingness-to-pay would be much higher than the costs of medical treatment alone; further information is in section 8.5.1 of the Economic Analysis (Ref. 5). The impacts of fetal death, including miscarriage or stillbirth, include mental health impacts, such as depression and anxiety on the woman experiencing the death of a fetus, and can also impact partners and spouses (Ref. 5). Mental health research has consistently identified both miscarriage (defined as fetal death occurring before the 20th week of gestation) and stillbirth (defined as fetal death occurring after the 20th week of gestation) as a significant emotional burden exhibited as anxiety and depression that can persist; research suggests women and men feel effects for 
                        <PRTPAGE P="51139"/>
                        more than a year, women can feel effects nearly three years following the event of fetal death and after the birth of a healthy child, which emphasizes effects can persist significantly longer beyond the event (Ref. 5).
                    </P>
                    <P>The 2020 Risk Evaluation for NMP identified reproductive effects as the most representative adverse effects of chronic NMP exposure. Specifically, EPA identified reduced male fertility as the critical effect resulting from repeated exposures during the work week (Ref. 1). In addition to this critical effect, decreased female fecundity is a health effect of concern. While impacts from NMP exposure on fertility and fecundity cannot be quantified at this time with available data, for couples seeking treatment for infertility, costs of such treatment are often significant both financially and emotionally. The most comprehensive and appropriate value for benefit-cost analysis is willingness to pay. There are few studies for the reduced risk of infertility, but a recent study estimates a willingness to pay of $102,000 per statistical case of infertility avoided (Ref. 5). EPA also identified low-birth weight resulting from repeated exposures to women of child-bearing age as another health effect of concern. It is not known if there is a window of exposure that may pose greater risks to the fetus; therefore, any repeated exposure to NMP could increase risks to the fetus for reproductive effects. Even when maternal exposure ceased, the decreased fetal body weight was found to be a persistent adverse effect (Ref. 1); consequently, a relatively brief period of maternal repeated exposure to NMP in typical workplace activities can cause fetal weight decreases. Low birth weight can have significant impacts on childhood development and the incidence of future diseases; reduced birth weight can cause serious health problems for some children, as well as long-term impacts on their lives as adults (Ref. 5).</P>
                    <P>EPA identified additional unquantified benefits from this rulemaking. While the risk evaluation does not describe kidney toxicity as resulting in specific diseases, for the purposes of characterizing potential benefits, the most relevant outcomes are acute kidney failure and chronic kidney disease. Signs and symptoms of acute kidney failure include decreased urine output, although occasionally urine output remains normal; fluid retention, causing swelling in the legs, ankles or feet; drowsiness; shortness of breath; fatigue; confusion; nausea; seizures or coma in severe cases; and chest pain or pressure. Sometimes acute kidney failure causes no signs or symptoms and is detected through lab tests done for another reason.</P>
                    <P>Chronic kidney disease is associated with many of these same symptoms over a longer period of time. Chronic kidney disease is irreversible and usually progressive, though it can be managed to some extent. In its earliest stages, chronic kidney disease may have little impact on quality of life and require minimal medical care. As chronic kidney disease progresses, however, the likelihood of symptoms increases and quality of life and ability to work and perform daily activities can be affected. When the kidney is damaged to the point that it no longer functions, dialysis or kidney transplant is necessary. This is known as kidney failure or end-stage renal disease. Kidney dialysis and kidney transplantation are expensive and incur long-term health costs with the potential for a significant decrease in a person's quality of life (Ref. 5).</P>
                    <P>There are potential increased health risks for liver toxicity for workers exposed to NMP. The most commonly known causes of this disease burden are attributable to alcoholism and viral infections, such as hepatitis A, B, and C. These known risk factors of hepatitis infection may result in increased vulnerability of individuals exposed to organic chemicals such as NMP. Liver toxicity can lead to jaundice, weakness, fatigue, weight loss, nausea, vomiting, abdominal pain, impaired metabolism, and liver disease (notably fatty liver disease). Given the evidence in the risk evaluation it is reasonable to conclude that reductions in chronic exposures to NMP may produce benefits from reduced incidence of fatty liver disease. While the magnitude of these benefits cannot be quantified, information on the costs of fatty liver disease provides some perspective on whether those benefits might be significant (Ref. 5).</P>
                    <HD SOURCE="HD1">II. Background</HD>
                    <HD SOURCE="HD2">A. Overview of n-Methylpyrrolidone</HD>
                    <P>This proposed rule applies to NMP (CASRN 872-50-4) and is intended to address the unreasonable risk of injury to health that EPA has identified for NMP (Refs. 1, 2). NMP is a colorless liquid that is produced in and imported into the United States. NMP is manufactured, processed, distributed, used, and disposed of as part of many industrial, commercial, and consumer conditions of use. According to data submitted for the EPA's 2016 Chemical Data Reporting rule (CDR), the total aggregate annual production volume of NMP in the United States was over 160 million pounds, and, according to data submitted for the 2020 CDR, the total aggregate annual production volume of NMP ranged from 100-250 million pounds between 2016 and 2019 (Ref. 6). As outlined in further detail in Unit III.B.1., NMP is used as a processing reactant or intermediate or incorporated into a formulation, as a solvent in the production of electronics and petroleum products, polymers, and other specialty chemicals; and in a variety of commercial and consumer applications such as a paint and coating additive, in adhesives and sealants, in laboratory chemicals, and a solvent for cleaning or degreasing.</P>
                    <HD SOURCE="HD2">B. Regulatory Actions Pertaining to NMP</HD>
                    <P>Because of its adverse health effects, NMP is subject to Federal laws and regulations in the United States and is also subject to regulation by some states and other countries. A summary of EPA regulations pertaining to NMP, as well other Federal, state, and international regulations, is in the docket (Refs. 7, 1).</P>
                    <HD SOURCE="HD2">C. Consideration of Occupational Safety and Health Administration (OSHA) Occupational Health Standards in TSCA Risk Evaluations and TSCA Risk Management Actions</HD>
                    <P>Although EPA must consider and factor in, to the extent practicable, certain non-risk factors as part of TSCA section 6(a) rulemaking (see TSCA section 6(c)(2)), EPA must nonetheless still ensure that the selected regulatory requirements apply “to the extent necessary so that the chemical substance or mixture no longer presents [unreasonable] risk.” This requirement to eliminate unreasonable risk is distinguishable from approaches mandated by some other laws, including the Occupational Safety and Health Act (OSH Act), which includes both significant risk and feasibility (technical and economic) considerations in the setting of standards.</P>
                    <P>
                        Congress intended for EPA to consider occupational risks from chemicals it evaluates under TSCA, among other potential exposures, as relevant and appropriate. As noted previously, TSCA section 6(b) requires EPA to evaluate risks to PESS identified as relevant by the Administrator. TSCA section 3(12) defines the term “potentially exposed or susceptible subpopulation” as “a group of individuals within the general population identified by the Administrator who, due to either greater susceptibility or greater exposure, may be at greater risk than the general population of adverse health effects from exposure to a chemical substance or mixture, such as infants, children, 
                        <PRTPAGE P="51140"/>
                        pregnant women, workers, or the elderly.”
                    </P>
                    <P>
                        The OSH Act similarly requires OSHA to evaluate risk specific to workers prior to promulgating new or revised standards and requires OSHA standards to substantially reduce significant risk to the extent feasible, even if workers are exposed over a full working lifetime. 
                        <E T="03">See</E>
                         29 U.S.C. 655(b)(5); 
                        <E T="03">Indus. Union Dep't, AFL-CIO</E>
                         v. 
                        <E T="03">Am. Petroleum Inst.,</E>
                         448 U.S. 607, 642 (1980) (plurality opinion).
                    </P>
                    <P>Thus, the standards for chemical hazards that OSHA promulgates under the OSH Act share a broadly similar purpose with the standards that EPA promulgates under TSCA section 6(a). The control measures OSHA and EPA require to satisfy the objectives of their respective statutes may also, in many circumstances, overlap or coincide. However, as this section outlines, there are important differences between EPA's and OSHA's regulatory approaches and jurisdiction, and EPA considers these differences when deciding whether and how to account for OSHA requirements (Ref. 7) when evaluating and addressing potential unreasonable risk to workers so that compliance requirements are clearly explained to the regulated community.</P>
                    <HD SOURCE="HD3">1. OSHA Requirements</HD>
                    <P>OSHA's mission is to ensure that employees work in safe and healthful conditions. The OSH Act establishes requirements that each employer comply with the General Duty Clause of the Act (29 U.S.C. 654(a)), as well as with occupational safety and health standards issued under the Act.</P>
                    <HD SOURCE="HD3">a. General Duty Clause of the OSH Act</HD>
                    <P>The General Duty Clause of the OSH Act requires employers to keep their workplaces free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. The General Duty Clause is cast in general terms, and does not establish specific requirements like exposure limits, PPE, or other specific protective measures that EPA could potentially consider when developing its risk evaluations or risk management requirements. OSHA, under limited circumstances, has cited the General Duty Clause for regulating exposure to chemicals. To prove a violation of the General Duty Clause, OSHA must prove employer or industry recognition of the hazard, the hazard was causing or likely to cause death or serious physical harm, and a feasible method to eliminate or materially reduce the hazard was available. Because of the heavy evidentiary burden on OSHA to establish violations of the General Duty Clause, it is not frequently used to cite employers for employee exposure to chemical hazards.</P>
                    <HD SOURCE="HD3">b. OSHA Standards</HD>
                    <P>
                        OSHA standards are issued pursuant to the OSH Act and are found in title 29 of the Code of Federal Regulations. There are separate standards for general industry, laboratories, construction, maritime and agriculture sectors, and general standards applicable to a number of sectors (
                        <E T="03">e.g.,</E>
                         OSHA's Respiratory Protection standard). OSHA has numerous standards that apply to employers who operate chemical manufacturing and processing facilities, as well as to downstream employers whose employees may be occupationally exposed to hazardous chemicals.
                    </P>
                    <P>OSHA sets legally enforceable limits on the airborne concentrations of hazardous chemicals, referred to as Permissible Exposure Limits (PELs), established for employers to protect their workers against the health effects of exposure to hazardous substances (29 CFR part 1910, subpart Z, part 1915, subpart Z, and part 1926, subparts D and Z). Under section 6(a) of the OSH Act, OSHA was permitted an initial 2-year window after the passage of the Act to adopt “any national consensus standard and any established Federal standard.” 29 U.S.C. 655(a). OSHA used this authority in 1971 to establish PELs that were adopted from Federal health standards originally set by the Department of Labor through the Walsh-Healy Act, in which approximately 400 occupational exposure limits (OELs) were selected based on the American Conference of Governmental Industrial Hygienists (ACGIH) 1968 list of Threshold Limit Values (TLVs). In addition, about 25 exposure limits recommended by the American Standards Association (now called the American National Standards Institute or ANSI) were adopted as PELs.</P>
                    <P>Following the 2-year window provided under section 6(a) of the OSH Act for adoption of national consensus and existing Federal standards, OSHA has issued health standards following the requirements in section 6(b) of the Act. OSHA has established approximately 30 PELs under section 6(b)(5) as part of comprehensive substance-specific standards that include additional requirements for protective measures such as use of PPE, establishment of regulated areas, exposure assessment, hygiene facilities, medical surveillance, and training. These ancillary provisions in substance-specific OSHA standards further mitigate residual risk that could be present due to exposure at the PEL.</P>
                    <P>Further, many of OSHA's chemical-specific permissible exposure limits were adopted in the 1970s and have not been updated since they were established. Additionally, TSCA risk evaluations are subject to statutory science standards, an explicit requirement to consider risks to potentially exposed or susceptible subpopulations, and a prohibition on considering costs and other non-risk factors when determining whether a chemical presents an unreasonable risk that warrants regulatory actions—all requirements that do not apply to development of OSHA regulations. As such, EPA may find unreasonable risk for purposes of TSCA notwithstanding OSHA requirements. There is also no established OSHA standard or PEL for NMP. In addition, health standards issued under section 6(b)(5) of the OSH Act must reduce significant risk only to the extent that it is technologically and economically feasible. OSHA's legal requirement to demonstrate that its section 6(b)(5) standards are technologically and economically feasible at the time they are promulgated often precludes OSHA from imposing exposure control requirements sufficient to ensure that the chemical substance no longer presents a significant risk to workers.</P>
                    <P>
                        While it is possible in some cases that the OSHA standards for some chemicals reviewed under TSCA will eliminate unreasonable risk, based on EPA's experience thus far in conducting occupational risk assessments under TSCA, EPA believes that OSHA chemical standards would in general be unlikely to address unreasonable risk to workers within the meaning of TSCA, since TSCA section 6(b) unreasonable risk determinations may account for unreasonable risk to more sensitive endpoints and working populations than OSHA's risk evaluations typically contemplate and EPA is obligated to apply TSCA section 6(a) risk management requirements to the extent necessary so that the unreasonable risk is no longer presented. Because the requirements and application of TSCA and OSHA regulatory analyses differ, it is necessary for EPA to conduct risk evaluations and, where it finds unreasonable risk to workers, develop risk management requirements for chemical substances that OSHA also regulates, and it is expected that EPA's findings and requirements may sometimes diverge from OSHA's. However, it is also appropriate that EPA consider the chemical standards that OSHA has already developed to limit 
                        <PRTPAGE P="51141"/>
                        the compliance burden to employers by aligning management approaches required by the agencies, where alignment will adequately address unreasonable risk to workers. The following unit discusses EPA's consideration of OSHA standards in its risk evaluation and management strategies under TSCA.
                    </P>
                    <HD SOURCE="HD3">2. Consideration of OSHA Standards in TSCA Risk Evaluations</HD>
                    <P>When characterizing the risk during risk evaluation under TSCA, EPA believes it is appropriate to evaluate the levels of risk present in scenarios where no mitigation measures are assumed to be in place for the purpose of determining unreasonable risk (see Unit II.C.2.a.). However, there are some cases where scenarios may reflect certain mitigation measures, such as in instances where exposure estimates are based on monitoring data at facilities that have existing engineering controls in place. For example, in the 2020 Risk Evaluation for NMP, EPA used data received from the Semiconductor Industry Association to develop the occupational exposure scenario used for several conditions of use of NMP in semiconductor manufacturing. The data included full-shift personal breathing zone sampling results at semiconductor fabrication facilities during container handling of both small containers and drums, by workers inside the fabrication rooms, maintenance workers, workers unloading trucks containing virgin NMP, and workers loading trucks with waste NMP (Ref. 1). In addition, EPA believes it may be appropriate to also evaluate the levels of risk present in scenarios considering applicable OSHA requirements as well as scenarios considering industry or sector best practices for industrial hygiene that are clearly articulated to the Agency. EPA may evaluate risk under scenarios that consider industry or sector best practices for industrial hygiene that are clearly articulated to the Agency when doing so serves to inform its risk management efforts. Characterizing risks using scenarios that reflect different levels of mitigation can help inform potential risk management actions by providing information that could be used during risk management to tailor risk mitigation appropriately to address any unreasonable risk identified (see Unit II.C.2.b. and Unit II.C.3.).</P>
                    <HD SOURCE="HD3">a. Risk Characterization for Unreasonable Risk Determination</HD>
                    <P>
                        When making unreasonable risk determinations as part of TSCA risk evaluations, EPA cannot assume as a general matter that all workers are always equipped with and appropriately using sufficient PPE, although EPA does not question the veracity of public comments received on the 2020 Risk Evaluation or 2022 revised risk determination for NMP regarding the occupational safety practices followed by industry respondents. When characterizing the risk to human health from occupational exposures during risk evaluation under TSCA, EPA believes it is appropriate to evaluate the levels of risk present in scenarios where PPE is not assumed to be used by workers. This approach of not assuming PPE use by workers considers the risk to PESS (workers and occupational non-users (ONUs)) who may not be covered by OSHA standards, such as self-employed individuals and state and local government workers who are not covered by a State Plan. Mitigation scenarios included in the EPA risk evaluation (
                        <E T="03">e.g.,</E>
                         scenarios considering use of PPE) likely represent current practice in many facilities where companies effectively address worker and bystander safety requirements. However, the Agency cannot assume that all facilities across all uses of the chemical substance will have adopted these practices for the purposes of making the TSCA risk determination.
                    </P>
                    <P>Therefore, EPA makes its determinations of unreasonable risk based on scenarios that do not assume compliance with OSHA standards, including any applicable exposure limits or requirements for use of respiratory protection or other PPE. Making unreasonable risk determinations based on such scenarios should not be viewed as an indication that EPA believes there are no occupational safety protections in place at any location, or that there is widespread noncompliance with applicable OSHA standards. Rather, it reflects EPA's recognition that unreasonable risk may exist for subpopulations of workers that may be highly exposed because they are not covered by OSHA standards, such as self-employed individuals and state and local government workers who are not covered by an OSHA State Plan, or because their employer is out of compliance with OSHA standards, or because EPA finds unreasonable risk for purposes of TSCA notwithstanding existing OSHA requirements.</P>
                    <HD SOURCE="HD3">b. Risk Evaluation To Inform Risk Management Requirements</HD>
                    <P>In addition to the scenarios described previously, EPA risk evaluations may characterize the levels of risk present in scenarios considering applicable OSHA requirements as well as scenarios considering industry or sector best practices for industrial hygiene that are clearly articulated to the Agency to help inform risk management decisions.</P>
                    <HD SOURCE="HD3">3. Consideration of OSHA Standards in TSCA Risk Management Actions</HD>
                    <P>When undertaking risk management actions, EPA: (1) Develops occupational risk mitigation measures to address any unreasonable risk identified by EPA, striving for consistency with applicable OSHA requirements and industry best practices, including appropriate application of the hierarchy of controls, when those measures would address an unreasonable risk; and (2) Ensures that EPA requirements apply to all potentially exposed workers in accordance with TSCA requirements. Consistent with TSCA section 9(d), EPA consults and coordinates TSCA activities with OSHA and other relevant Federal agencies for the purpose of achieving the maximum applicability of TSCA while avoiding the imposition of duplicative requirements. Informed by the mitigation scenarios and information gathered during the risk evaluation and risk management process, the Agency might propose rules that require risk management practices that may be already common practice in many or most facilities. Adopting clear, broadly applicable regulatory standards will foster compliance across all facilities (ensuring a level playing field) and assure protections for all affected workers, especially in cases where current OSHA standards may not apply to them or not be sufficient to address the unreasonable risk.</P>
                    <HD SOURCE="HD3">4. NMP and OSHA Requirements</HD>
                    <P>
                        EPA incorporated the considerations described earlier in this unit in the 2020 Risk Evaluation for NMP, the December 2022 revised unreasonable risk determination for NMP, and this rulemaking. Specifically, in the TSCA 2020 Risk Evaluation for NMP, EPA presented risk estimates based on workers' exposures with and without respiratory protection and dermal PPE. EPA determined that even when respirators or expected dermal PPE are used by workers, most of the conditions of use evaluated presented an unreasonable risk. Additional consideration of OSHA standards in the revised unreasonable risk determination is discussed further in the 
                        <E T="04">Federal Register</E>
                         notice announcing that document (Ref. 3). In Units III.B.3. and Unit V., EPA outlines the importance of considering the hierarchy of controls utilized by the industrial hygiene community (hereafter referred to as “hierarchy of controls”) when 
                        <PRTPAGE P="51142"/>
                        developing risk management actions in general, and specifically when determining if and how regulated entities may meet a risk-based exposure limit for NMP. The hierarchy of controls is a prioritization of exposure control strategies from most preferred to least preferred techniques. The control strategies include elimination of the hazard, substitution with a less hazardous substance, engineering controls, administrative controls such as training or exclusion zones with warning signs, and, finally, use of PPE (Ref. 8). Under the hierarchy of controls, the use of respirators and dermal PPE should only be considered after all other steps have been taken to reduce exposures. As discussed in Units IV.A. and V.A.1., EPA's risk management approach would not rely solely or primarily on the use of respirators and dermal PPE to address unreasonable risk to workers. Instead, EPA is proposing prohibitions for several conditions of use and a WCPP for most occupational conditions of use, including requirements to prevent direct dermal contact with NMP, which is the exposure route of most concern. The WCPP is discussed in full in Units IV.A.2. and V.A.1.b. and would require consideration of the hierarchy of controls before use of PPE. While EPA is proposing prescriptive controls for some occupational conditions of use, these do not solely rely on PPE for worker protection. Instead, EPA's proposed requirements would incorporate additional controls, such as concentration limits, to reduce exposures in alignment with the hierarchy of controls.
                    </P>
                    <P>There is no chemical-specific OSHA standard or PEL for NMP. Similarly, EPA is not proposing an ECEL for NMP because the proportion of the exposure largely driving the unreasonable risk to workers is due to dermal contact with liquid NMP (Ref. 1) and an ECEL would only address risk from inhalation and vapor-through-skin (dermal exposure to vapor but not direct dermal contact with a liquid) exposures without accounting for the risk from direct dermal exposure. This is described in more detail in Unit V.A.3. In accordance with the approach described earlier in Unit II.C.3., EPA intends for this regulation to be as consistent as possible with the existing OSHA standards, with additional requirements as necessary to address the unreasonable risk.</P>
                    <HD SOURCE="HD3">5. NMP and Other Occupational Exposure Limits</HD>
                    <P>EPA is aware of several occupational exposure limits (OELs) for NMP, including the ones described in this unit. The 2014 California Division of Occupational Safety and Health (Cal/OSHA) PEL for NMP is 1 ppm as an 8-hour TWA, along with a skin notation (California Code of Regulations, title 8, Section 5155). In the 2007 Occupational Health Hazard Risk Assessment Project for California, a range of occupational exposure limits (identified as a cREL in the document) for NMP were proposed, ranging from 0.4 to 5 ppm based on various options for duration adjustment and cumulative uncertainty factors (UFs). The cRELs were derived from decreased fetal and pup weight observed in Solomon et al, 1995 (Ref. 9). While this study was discussed in the 2020 Risk Evaluation for NMP, EPA did not select it for the point of departure (POD) derivation due to uncertainties about the actual doses achieved at the highest exposure and methodological inconsistencies with testing guidelines. Additionally, it was not the most sensitive chronic POD based on physiologically-based pharmacokinetic (PBPK) model internal dose metrics (Ref. 1).</P>
                    <P>The 8-hour TWA 2021 Occupational Alliance for Risk Science (OARS) Workplace Environmental Exposure Level (WEEL) for NMP is 15 ppm with a skin notation because of the ability of NMP to be absorbed through the skin, and the short-term TWA is 30 ppm (Ref. 10). The WEEL was based on PBPK modeling of maternal and developmental toxicity from Saillenfait et al., 2003, (Ref. 11) which was the basis of the acute point of departure in the 2020 Risk Evaluation for NMP. While OARS reviewed data from the Exxon, 1991 (Ref. 12) study for decreased male fertility that is the basis of EPA's chronic POD, those data were not included in the WEEL calculation.</P>
                    <P>The European Chemicals Agency (ECHA) restricts the use of NMP under the 2018 EU REACH restriction 71 with three conditions (Ref. 13). The conditions are: (1) NMP shall not be placed on the market as a substance on its own or in mixtures in concentrations greater than 0.3% after May 9, 2020, unless manufacturers, importers and downstream users have included chemical safety reports and Safety Data Sheets (SDSs) with Derived No Effect Levels (DNELs) relating to workers' exposures of 14.4 mg/m3 (equivalent to 3.5 ppm) for exposure by inhalation and 4.8 mg/kg/day for dermal exposure; (2) NMP shall not be manufactured, or used, as a substance on its own or in mixtures in a concentration equal to or greater than 0.3% after May 9, 2020 unless manufacturers and downstream users take the appropriate risk management measures and provide the appropriate operational conditions to ensure that exposure of workers is below the DNELs specified in this paragraph; and (3) the restrictions specified in this paragraph shall apply from May 9, 2024, to placing on the market for use, or use, as a solvent or reactant in the process of coating wires.</P>
                    <P>The ECHA DNELs are based on systemic developmental effects in rats. The inhalation DNEL was based on no effects observed at the highest dose in Lee at al., 1987, (Ref. 14) and adjusted to a human equivalent concentration to result in the DNEL value. The dermal DNEL is 4.8 mg/kg-day based on a dermal no observed adverse effect level of 237 mg/kg for developmental toxicity in rats. Decreased live fetuses per litter, increased resorptions, and decreased fetal weights were observed at the high dose of 750 mg/kg. This DNEL is within the range of the estimated equivalent value based on PODs derived in the EPA risk evaluation or fenceline assessment (Refs. 15, 16).</P>
                    <HD SOURCE="HD2">D. Summary of EPA's Risk Evaluation Activities on NMP</HD>
                    <P>
                        In 2015, prior to amended TSCA, EPA published an NMP risk assessment of the occupational and consumer use of NMP in paint strippers, uses with high potential for exposure to consumers and workers (Ref. 17). In January 2017, EPA issued a proposed rule under TSCA section 6 (82 FR 7464, January 17, 2017) (FRL-9958-57), to address risks that EPA had preliminarily identified for workers and consumers from use of methylene chloride and NMP in paint and coating removal. In March 2019, EPA issued a final rule under TSCA section 6 (84 FR 11420, March 27, 2019) (FRL-9989-29), to address unreasonable risk from methylene chloride in consumer paint and coating removal. In January 2021, EPA withdrew the portion of the proposed rule under TSCA section 6 that included NMP (86 FR 3932, January 15, 2021) (FRL-10018-67). In December 2016, EPA selected NMP as one of the first 10 chemicals for risk evaluation under TSCA section 6 (81 FR 91927, December 19, 2016) (FRL-9956-47). EPA published the scope of the NMP risk evaluation in July 2017 (81 FR 31592, July 7, 2017) (FRL-9963-57), and, after receiving public comments, published the problem formulation in June 2018 (83 FR 26998, June 11, 2018) (FRL-9978-40). In December 2019, EPA published a draft risk evaluation (84 FR 60087, November 7, 2019) (FRL-10003-71), and after public comment and peer review by the Science Advisory Committee on Chemicals (SACC), published the 2020 Risk Evaluation for NMP in December 
                        <PRTPAGE P="51143"/>
                        2020 in accordance with TSCA section 6(b) (85 FR 86558, December 30, 2020) (FRL-10017-18). EPA subsequently issued a draft revised TSCA unreasonable risk determination for NMP (87 FR 39511, July 1, 2022) (FRL-9943-01-OCSPP), and after public notice and receipt of comments, published a final revised Unreasonable Risk Determination for NMP (87 FR 77596, December 19, 2022) (FRL-9943-02-OCSPP). The 2020 Risk Evaluation for NMP and supplemental materials are in docket EPA-HQ-OPPT-2019-0235, with the December 2022 final revised unreasonable risk determination and additional materials supporting the risk evaluation process in docket EPA-HQ-OPPT-2016-0743, on 
                        <E T="03">https://www.regulations.gov</E>
                        .
                    </P>
                    <HD SOURCE="HD3">1. 2020 Risk Evaluation</HD>
                    <P>In the 2020 Risk Evaluation for NMP, EPA evaluated risks associated with 37 conditions of use within the following categories: manufacture (including import), processing, distribution in commerce, industrial and commercial use, consumer use, and disposal. Descriptions of these conditions of use are in Unit III.B.1. The 2020 Risk Evaluation for NMP identified significant adverse health effects associated with exposure to NMP, including developmental effects from acute inhalation and dermal exposures, and reproductive effects from inhalation and dermal exposures to NMP. A further discussion of the hazards of NMP is in Unit III.B.2. The 2020 Risk Evaluation updated the hazard points of departure (POD) from the draft risk evaluation and 2015 risk assessment based on updated analyses performed in response to peer review comments. Updated quantitative analyses of additional studies and endpoints did not lead to a revised chronic POD, which remained at 183 hr-mg/L blood area-under-the curve (AUC), based on decreased male fertility. In contrast, updating the quantitative analyses of acute studies resulted in a revision of the acute POD from 216 mg/L to 437 mg/L peak blood concentration, which resulted in some changes to acute risk estimates, which impacted the unreasonable risk determination. Notably, with the updated POD, the consumer risk calculations resulted in identification of fewer conditions of use contributing to the unreasonable risk. EPA revised its determination regarding the contribution to unreasonable risk and did not identify the consumer use of NMP in paint and coating removers or the consumer use of NMP in cleaning and furniture care products as contributing to the unreasonable risk from NMP. This is discussed further in section 5.3 of the 2020 Risk Evaluation which presented an update to the findings from the 2015 risk assessment.</P>
                    <HD SOURCE="HD3">2. Revised Unreasonable Risk Determination</HD>
                    <P>EPA has been revisiting specific aspects of its first ten TSCA existing chemical risk evaluations, including the 2020 Risk Evaluation for NMP, to ensure that the risk evaluations upon which risk management decisions are made, better align with TSCA's objective of protecting human health and the environment. For NMP, EPA revised the original unreasonable risk determination based on the 2020 Risk Evaluation for NMP and issued a final revised unreasonable risk determination in December 2022 (Ref. 2). EPA revised the risk determination for the 2020 Risk Evaluation for NMP pursuant to TSCA section 6(b) and consistent with Executive Order 13990 (entitled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis”) and other Administration priorities (Refs. 18, 19, and 20). The revisions consisted of making the risk determination based on the whole chemical substance instead of by individual conditions of use (which resulted in the revised risk determination superseding the prior “no unreasonable risk” determinations and withdrawing the associated TSCA section 6(i)(1) “no unreasonable risk” order) and clarifying that the risk determination does not reflect an assumption that all workers are always provided and appropriately wear PPE (Ref. 2). In determining whether NMP presents unreasonable risk under the conditions of use, EPA considered relevant risk-related factors, including, but not limited to: the effects of the chemical substance on health (including non-cancer risks) and human exposure to the substance under the conditions of use (including duration, magnitude and frequency of exposure); the effects of the chemical substance on the environment and environmental exposure under the conditions of use; the population exposed (including any PESS); the severity of hazard (including the nature of the hazard, the irreversibility of the hazard); and uncertainties. EPA also considered the Agency's confidence in the data used in the risk estimate. This included an evaluation of the strengths, limitations, and uncertainties associated with the information used to inform the risk estimate and the risk characterization. The peer-reviewed PBPK model used in the 2020 Risk Evaluation allowed EPA to estimate aggregate exposures from simultaneous dermal, inhalation, and vapor-through-skin exposures with relatively high confidence.</P>
                    <P>EPA determined that NMP presents an unreasonable risk of injury to health. Risks to workers and consumers contribute to the unreasonable risk from NMP. EPA did not identify risks of injury to the environment that contribute to the unreasonable risk from NMP. The NMP conditions of use that EPA evaluated and which contribute to EPA's determination that the chemical substance poses unreasonable risk to health are listed in the unreasonable risk determination (Ref. 2) and in Unit III.B.1.</P>
                    <HD SOURCE="HD3">3. Fenceline Screening Analysis</HD>
                    <P>The 2020 Risk Evaluation for NMP did not fully assess certain exposure pathways that were or could be regulated under another EPA-administered statute (see section 1.4.2 of the December 2020 Risk Evaluation for NMP) (Refs. 1, 2). For NMP, some exposure pathways received only a screening-level analysis. During problem formulation, EPA conducted a first-tier screening analysis for the ambient air pathway to near-field populations downwind from industrial and commercial facilities releasing NMP, which indicated low risk (83 FR 26998, June 11, 2018) (FRL-9978-40). In the 2020 Risk Evaluation for NMP, EPA conducted a first-tier analysis to estimate NMP surface water concentrations and did not identify risks from incidental ingestion or dermal contact during swimming. This resulted in the ambient air and drinking water pathways for NMP not being fully assessed in the 2020 Risk Evaluation for NMP. In June 2021, EPA made a policy announcement on the path forward for TSCA chemical risk evaluations, indicating that EPA would, among other things, examine whether the exclusion of certain exposure pathways from the risk evaluations would lead to a failure to adequately protect fenceline communities (Ref. 3, 21). EPA then conducted a more robust assessment to identify whether there may be potential risks to people living near the fenceline of facilities releasing NMP.</P>
                    <P>
                        To assess the potential risk to the general population in proximity to a facility releasing NMP, EPA developed the TSCA Screening Level Approach for Assessing Ambient Air and Water Exposures to Fenceline Communities Version 1.0, which was presented to the SACC in March 2022, with a report issued by the SACC on May 18, 2022 (Ref. 22). This screening level approach, which EPA believes is effective in accurately assessing where fenceline 
                        <PRTPAGE P="51144"/>
                        exposures are of no concern, is discussed in Unit VI.A.
                    </P>
                    <HD SOURCE="HD1">III. Regulatory Approach</HD>
                    <HD SOURCE="HD2">A. Background</HD>
                    <P>Under TSCA section 6(a), if the Administrator determines, through a TSCA section 6(b) risk evaluation that the manufacture (including import), processing, distribution in commerce, use, or disposal of a chemical substance or mixture, or any combination of such activities, presents an unreasonable risk of injury to health or the environment, EPA must by rule apply one or more of the following requirements to the extent necessary so that the chemical substance or mixture no longer presents such risk.</P>
                    <P>• Prohibit or otherwise restrict the manufacturing, processing, or distribution in commerce of the substance or mixture, or limit the amount of such substance or mixture which may be manufactured, processed, or distributed in commerce (TSCA section 6(a)(1)).</P>
                    <P>• Prohibit or otherwise restrict the manufacturing, processing, or distribution in commerce of the substance or mixture for a particular use or above a specific concentration for a particular use (TSCA section 6(a)(2)).</P>
                    <P>• Limit the amount of the substance or mixture which may be manufactured, processed, or distributed in commerce for a particular use or above a specific concentration for a particular use specified (TSCA section 6(a)(2)).</P>
                    <P>• Require clear and adequate minimum warning and instructions with respect to the substance or mixture's use, distribution in commerce, or disposal, or any combination of those activities, to be marked on or accompanying the substance or mixture (TSCA section 6(a)(3)).</P>
                    <P>• Require manufacturers and processors of the substance or mixture to make and retain certain records or conduct certain monitoring or testing (TSCA section 6(a)(4)).</P>
                    <P>• Prohibit or otherwise regulate any manner or method of commercial use of the substance or mixture (TSCA section 6(a)(5)).</P>
                    <P>• Prohibit or otherwise regulate any manner or method of disposal of the substance or mixture, or any article containing such substance or mixture, by its manufacturer or processor or by any person who uses or disposes of it for commercial purposes (TSCA section 6(a)(6)).</P>
                    <P>• Direct manufacturers or processors of the substance or mixture to give notice of the unreasonable risk determination to distributors, certain other persons, and the public, and to replace or repurchase the substance or mixture (TSCA section 6(a)(7)).</P>
                    <P>As described in Unit III.B.3., EPA analyzed how the TSCA section 6(a) requirements could be applied to address the unreasonable risk, so that NMP no longer presents such unreasonable risk. EPA's proposed regulatory action and alternative regulatory actions are described in Unit IV. EPA is requesting public comment on all elements of the proposed regulatory action and the alternative regulatory actions and is providing notice that based on consideration of comments and any new information submitted to EPA during the comment period on this proposed rule, EPA may in the final rule modify elements of the proposed regulatory action. The public should understand that public comments could result in changes to elements of the proposed and alternative regulatory actions when this proposed rule is finalized. For example, elements such as timelines could be lengthened or shortened, concentration limits could be modified, or the WCPP could have provisions within the WCPP added or eliminated.</P>
                    <P>Under the authority of TSCA section 6(g), EPA may consider granting a time-limited exemption from a requirement of a TSCA section 6(a) rule for a specific condition of use if EPA finds that: (1) The specific condition of use is a critical or essential use for which no technically and economically feasible safer alternative is available, taking into consideration hazard and exposure; (2) Compliance with the requirement, as applied with respect to the specific condition of use, would significantly disrupt the national economy, national security, or critical infrastructure; or (3) The specific condition of use, as compared to reasonably available alternatives, provides a substantial benefit to health, the environment, or public safety.</P>
                    <P>TSCA section 6(c)(2)(A) requires EPA, in proposing and promulgating TSCA section 6(a) rules, to consider and include a statement addressing certain factors, including the costs and benefits and the cost effectiveness of the regulatory action and of the one or more primary alternative regulatory actions considered by the Administrator. A description of all TSCA section 6 requirements considered in developing this proposed regulatory action is in Unit III.B.3., and Unit V. includes more information regarding EPA's consideration of alternatives. TSCA section 6(c)(2)(C) requires that in deciding whether to prohibit or restrict in a manner that substantially prevents a specific condition of use and in setting an appropriate transition period for such action, EPA consider, to the extent practicable, whether technically and economically feasible alternatives that benefit health or the environment will be reasonably available as substitutes when the proposed prohibition or restriction takes effect. Unit V.B. includes more information regarding EPA's consideration of alternatives, and Unit VI. provides more information on EPA's considerations more broadly under TSCA section 6(c)(2).</P>
                    <P>EPA carried out required consultations as described in this unit and also considered impacts on children's environmental health as part of its approach to developing this TSCA section 6 regulatory action.</P>
                    <HD SOURCE="HD3">1. Consultations</HD>
                    <P>EPA conducted consultations and outreach in developing this proposed regulatory action. The Agency held a federalism consultation from July 22 to October 22, 2021, as part of this rulemaking process and pursuant to Executive Order 13132. This included a background presentation on September 9, 2020, and a consultation meeting on July 22, 2021. During the consultation, EPA met with state and local officials early in the process of developing the proposed action to receive meaningful and timely input into its development (Ref. 23). During the consultation, participants and EPA discussed additional reporting requirements as a risk management tool to address the unreasonable risk, EPA's consideration of safer alternatives, and potential impacts to drinking water utilities (Ref. 23).</P>
                    <P>
                        NMP is not manufactured (including imported) processed distributed in commerce or regulated by Tribal governments. However, EPA consulted with Tribal officials during the development of this proposed action (Ref. 24). The Agency held a Tribal consultation from May 21 to August 27, 2021, with meetings scheduled for June 14 and July 14, 2021. Tribal officials were given the opportunity to meaningfully interact with EPA risk managers concerning the current status of risk management. During the consultation, EPA discussed risk management under TSCA section 6(a), findings from the 2020 Risk Evaluation for NMP, types of information that would be helpful to inform risk management, principles for transparency during the risk management process, and types of information EPA is seeking from Tribes (Ref. 24). EPA received no written comments as part of this consultation.
                        <PRTPAGE P="51145"/>
                    </P>
                    <P>In addition to the formal consultations, EPA also conducted outreach to advocates of communities that might be subject to disproportionate risk from the exposures to NMP, such as minority populations, low-income populations, and indigenous peoples. EPA's Environmental Justice (EJ) consultation occurred from June 3 through August 27, 2021. On July 7 and July 13, 2021, EPA held public meetings as part of this consultation. These meetings were held pursuant to and in compliance with Executive Orders 12898 and 14008. EPA received one written comment following the EJ meetings, in addition to oral comments provided during the consultation (Ref. 25). In general, commenters supported strong outreach to affected communities, encouraged EPA to follow the hierarchy of controls used by the industrial hygiene community, favored prohibitions, and noted the uncertainty, and in some cases the inadequacy, of PPE. Other commenters asked about the Agency's schedule for a proposed rule while reconsidering certain aspects of the 2020 Risk Evaluation. Additionally, commenters expressed concern that the adverse health impacts of NMP, particularly to pregnant women and children, and urged EPA to ban the use of NMP in paint and coating removers (Ref. 25). As required by section 609(b) of the Regulatory Flexibility Act (RFA), EPA convened a Small Business Advocacy Review (SBAR) Panel to obtain advice and recommendations from small entity representatives (SERs) that potentially would be subject to this proposed rule's requirements (Ref. 26). EPA met with SERs before and during Panel proceedings, on March 28 and May 24, 2023. Panel recommendations are in Unit X.C. and in the Initial Regulatory Flexibility Analysis (IRFA) (Ref. 27). The Panel report is in the docket (Ref. 26). Units X.C., X.E., X.F., and X.J. provide more information regarding the consultations.</P>
                    <HD SOURCE="HD3">2. Other Stakeholder Engagement</HD>
                    <P>In addition to the formal consultations described in Unit X., EPA held a webinar on February 24, 2021, providing an overview of the TSCA risk management process and the risk evaluation findings for NMP. EPA also presented on the risk evaluation and risk management under TSCA for NMP at a Small Business Administration Office of Advocacy small business roundtable on February 26, 2021. At both events, EPA staff provided an overview of the TSCA risk management process and the findings in the 2020 Risk Evaluation for NMP (Ref. 28). Attendees of these meetings were given an opportunity to voice their concerns regarding the risk evaluation and risk management.</P>
                    <P>Furthermore, EPA engaged in discussions with representatives from different industries, non-governmental organizations, technical experts and users of NMP. A list of external meetings held during the development of this proposed rule is in the docket (Ref. 29); meeting materials and summaries are also in the docket. The purpose of these discussions was to create awareness and educate stakeholders and regulated entities on the provisions for risk management required under TSCA section 6(a); explain the risk evaluation findings; obtain input from manufacturers, processors, distributors, users, academics, advisory councils, and members of the public health community about uses of NMP; identify workplace practices, engineering controls, administrative controls, PPE, and industrial hygiene plans currently in use or feasibly adoptable to reduce exposure to NMP under the conditions of use; understand the importance of NMP in the various uses subject to this proposed rule; compile knowledge about critical uses, substitute chemicals or alternative methods; identify various standards and performance specifications; and generate potential risk reduction strategies. EPA has met with, or otherwise communicated with, a variety of companies, trade associations and non-governmental organizations to discuss the topics outlined in this paragraph; a list of external meetings held during the development of this proposed rule is in the docket (Ref. 29).</P>
                    <HD SOURCE="HD3">3. Children's Environmental Health</HD>
                    <P>The EPA 2021 Policy on Children's Health (Ref. 30) requires EPA to protect children from environmental exposures by consistently and explicitly considering early life exposures (from conception, infancy, early childhood and through adolescence until 21 years of age) and lifelong health in all human health decisions through identifying and integrating children's health data and information when conducting risk assessments. TSCA section 6(b)(4)(A) also requires EPA to conduct risk evaluations “to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment . . . including an unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant to the risk evaluation by the Administrator, under the conditions of use.” Infants, children, and pregnant women are listed as examples of subpopulations that may be considered relevant “potentially exposed or susceptible subpopulations” in the TSCA section 3(12) definition of that term. In addition, TSCA section 6(a) requires EPA to apply one or more risk management requirements under TSCA section 6(a) so that NMP no longer presents an unreasonable risk (including unreasonable risk to PESS). The 2020 Risk Evaluation for NMP evaluated risks of NMP to workers and ONUs, consumers and bystanders, people of reproductive age, pregnant females and the developing embryo/fetus, infants, children and adolescents, people with pre-existing conditions, and people with lower metabolic capacity due to life stage, genetic variation, or impaired liver function as potentially exposed or susceptible subpopulations who may be at greater risk than the general population of adverse developmental health effects from exposure to NMP (Ref. 1). For exposures to infants and males and females of reproductive age, evidence was found of reproductive and developmental toxicity. The reproductive and developmental health effects of concern related to exposures to NMP are reduced male fertility and female fecundity and post-implantation loss (resorptions and fetal mortality). While the literature contains methodological limitations in human studies, animal studies were considered adequate to represent reproductive and development effects in the 2020 Risk Evaluation for NMP.</P>
                    <P>The 2020 Risk Evaluation for NMP considered impacts on both children and adults from occupational and consumer use from inhalation and dermal exposures, as applicable. For occupational use, the risk evaluation considered males (&gt;16 years of age) and females of reproductive age (&gt;16 years of age to less than 50 years of age) for both dermal and inhalation exposures. For consumer use, EPA evaluated oral exposures based on children's exposure potential via mouthing articles for infants (&lt;1 year), infants (1 to 2 years), and small child (3 to 5 years), and levels were well below the threshold that could result in risk. Additionally for consumer use, the risk evaluation considered dermal and inhalation exposures to females of childbearing age (16 to 49 years) as the most sensitive subpopulation for other individuals, adults, and children. (Ref. 1)</P>
                    <HD SOURCE="HD2">B. Regulatory Assessment of NMP</HD>
                    <HD SOURCE="HD3">1. Description of Conditions of Use</HD>
                    <P>
                        This unit describes the TSCA conditions of use that EPA proposes to regulate, including the conditions of use 
                        <PRTPAGE P="51146"/>
                        that EPA evaluated and considered in making its unreasonable risk determination for the chemical substance NMP. Condition of use descriptions were obtained from EPA sources such as CDR use codes, the 2020 Risk Evaluation for NMP and related documents, as well as the Organisation for Economic Co-operation and Development harmonized use codes and stakeholder engagements. For clarity and transparency, EPA has narrowly revised the titles for the NMP conditions of use in this proposed rulemaking from the 2020 Risk Evaluation for NMP by removing CDR use code terminology “not described by other codes” and “in other uses” (Refs. 31, 32). For additional description of the conditions of use, including process descriptions and worker activities considered in the risk evaluation, see the Problem Formulation of the 2020 Risk Evaluation for NMP, the 2020 Risk Evaluation for NMP, and supplemental files (Refs. 33, 1, 34). EPA acknowledges that some of the terms in this unit may be defined under other statutes. However, the descriptions here are intended to provide clarity to the regulated entities who will implement the provisions of this rulemaking under TSCA section 6(a).
                    </P>
                    <HD SOURCE="HD3">a. Manufacturing</HD>
                    <P>
                        i. 
                        <E T="03">Domestic manufacture.</E>
                         This condition of use refers to the making or producing of a chemical substance within the United States (including manufacturing for export), or the extraction of a component chemical substance from a previously existing chemical substance or a complex combination of substances.
                    </P>
                    <P>
                        ii. 
                        <E T="03">Import.</E>
                         This condition of use refers to the act of causing a chemical substance or mixture to arrive within the customs territory of the United States.
                    </P>
                    <HD SOURCE="HD3">b. Processing</HD>
                    <P>
                        i. 
                        <E T="03">Processing as a reactant/intermediate in plastic material and resin manufacturing and other non-incorporative processing.</E>
                         This condition of use refers to when a chemical substance is used in chemical reactions for the manufacturing of another chemical substance or product. Through processing as a reactant or intermediate, NMP serves as a feedstock in the production of another chemical product via a chemical reaction in which NMP is completely consumed. For example, NMP may be used as a polymerization media to manufacture high-temperature polymers or other uses as an intermediate, as a media for synthesis, extractions, and purifications, or as some other type of processing aid.
                    </P>
                    <P>
                        ii. 
                        <E T="03">Processing, incorporation into formulation, mixture or reaction products in multiple industrial sectors.</E>
                         This condition of use refers to the process of mixing or blending several raw materials to obtain a single product or preparation. NMP may be incorporated into various formulations, mixtures, or reaction products including, but not limited to:
                    </P>
                    <P>• Adhesives and sealant chemicals in adhesive manufacturing;</P>
                    <P>• Anti-adhesive agents in printing and related support activities;</P>
                    <P>• Paint additives and coating additives in paint and coating manufacturing and print ink manufacturing;</P>
                    <P>• Processing aids not otherwise listed in plastic material and resin manufacturing;</P>
                    <P>• Solvents (for cleaning or degreasing) in non-metallic mineral product manufacturing, machinery manufacturing, plastic material and resin manufacturing, primary metal manufacturing, soap and cleaning compound and toilet preparation manufacturing, transportation equipment manufacturing, all other chemical product and preparation manufacturing, printing and related support activities, services, wholesale and retail trade;</P>
                    <P>• Surface active agents in soap, cleaning compound and toilet preparation manufacturing;</P>
                    <P>• Plating agents and surface treating agents in fabricated metal product manufacturing;</P>
                    <P>• Solvents (which become part of product formulation or mixture) in electrical equipment, appliance and component manufacturing; other manufacturing; paint and coating manufacturing; print ink manufacturing; soap, cleaning compound and toilet preparation manufacturing; transportation equipment manufacturing; all other chemical product and preparation manufacturing; printing and related support activities; wholesale and retail trade; and</P>
                    <P>• In oil and gas drilling, extraction and support activities; plastic material and resin manufacturing; services.</P>
                    <P>
                        iii. 
                        <E T="03">Processing, incorporation into articles in lubricants and lubricant additives in machinery manufacturing.</E>
                         This condition of use refers to the process or preparation when NMP is incorporated into articles in lubricants and lubricant additives in machinery manufacturing, and metal finishing operations conducted as part of machinery manufacturing. Metal finishing is a broad term used in industry to include a wide variety of processes that alter the surface of metal substrates, such as cleaning, coating, etching, and invasive quality testing.
                    </P>
                    <P>
                        iv. 
                        <E T="03">Processing, incorporation into articles in paint additives and coating additives in transportation equipment manufacturing.</E>
                         This condition of use refers to the process or preparation when NMP is incorporated into articles in paints and coating additives in transportation equipment manufacturing. Transportation equipment manufacturing includes motor vehicle parts motor vehicle body and trailer manufacturing, aerospace product and parts manufacturing, railroad rolling stock manufacturing, and ship and boat building.
                    </P>
                    <P>
                        v. 
                        <E T="03">Processing, incorporation into articles as a solvent (which becomes part of a product formulation or mixture) including in textiles, apparel and leather manufacturing.</E>
                         This condition of use refers to the process or preparation when NMP is incorporated into articles as a solvent in textiles, apparel and leather manufacturing.
                    </P>
                    <P>
                        vi. 
                        <E T="03">Processing, incorporation into articles in other sectors, including in plastic product manufacturing.</E>
                         This condition of use refers to the process or preparation when NMP is incorporated into articles in other sectors, including in plastic product manufacturing. For example, NMP may be used to produce polymeric resins pellets and other shapes that are then converted into final plastic articles.
                    </P>
                    <P>
                        vii. 
                        <E T="03">Processing, repackaging.</E>
                         This condition of use refers to the preparation of a chemical substance or mixture for distribution in commerce in a different form, state, or quantity. This includes, but is not limited to, transferring of NMP from a bulk container into smaller containers.
                    </P>
                    <P>
                        viii. 
                        <E T="03">Processing, recycling.</E>
                         This condition of use refers to processing waste streams of NMP at third-party site for the purpose of recovering materials or otherwise preparing the waste for reuse instead of disposal. Waste solvents can be restored to a condition that permits reuse via solvent reclamation/recycling. The recovery process may involve an initial vapor recovery or mechanical separation step followed by distillation, purification, and final packaging.
                    </P>
                    <HD SOURCE="HD3">c. Industrial and Commercial Use</HD>
                    <P>
                        i. 
                        <E T="03">Industrial and commercial use in paints, coatings, and other adhesive removers.</E>
                         This condition of use refers to the industrial or commercial use of NMP or NMP-containing products to remove paints, coatings, and other adhesive removers from various surfaces indoors or outdoors including, but not 
                        <PRTPAGE P="51147"/>
                        limited to, graffiti removal from various surfaces.
                    </P>
                    <P>
                        ii. 
                        <E T="03">Industrial and commercial use in paints and coatings in lacquers, stains, varnishes, primers and floor finishes, and powder coatings in surface preparation.</E>
                         This condition of use refers to the industrial or commercial application of NMP-containing products including but not limited to paints and coatings, lacquers, stains, varnishes, primers and floor finishes, and powder coatings in surface preparation.
                    </P>
                    <P>
                        iii. 
                        <E T="03">Industrial and commercial use in paint additives in computer and electronic product manufacturing in electronic parts manufacturing.</E>
                         This condition of use refers to the industrial or commercial use of NMP or NMP-containing paint additive and coating additive products in manufacturing and maintaining electrical or electronic parts including but not limited to magnet wire coating, capacitor, resistor, coil, transfer and other inductor manufacturing. This description includes, but is not limited to, use of NMP as an additive in polymeric coatings used to coat magnet wires, often to give them thermal and solvent resistance, and in electrical insulating films.
                    </P>
                    <P>
                        iv. 
                        <E T="03">Industrial and commercial use in paint additives and coating additives in computer and electronic product manufacturing for use in semiconductor manufacturing.</E>
                         This condition of use refers to the industrial or commercial use of NMP or NMP-containing paint additive and coating additive products in manufacturing and maintaining semiconductor chip manufacturing. This description includes, but is not limited to, use of NMP as an ingredient for wafer coating and photoresist activities.
                    </P>
                    <P>
                        v. 
                        <E T="03">Industrial and commercial use in paint additives and coating additives in construction, fabricated metal product manufacturing, machinery manufacturing, other manufacturing, paint and coating manufacturing, primary metal manufacturing, transportation equipment manufacturing, wholesale and retail trade.</E>
                         This condition of use refers to the industrial or commercial application of NMP-containing paint additive and coating additive products including paints, coatings, adhesives and sealants used in construction, fabricated metal product manufacturing, machinery manufacturing, other manufacturing, paint and coating manufacturing, primary metal manufacturing, transportation equipment manufacturing, wholesale and retail trade.
                    </P>
                    <P>
                        vi. 
                        <E T="03">Industrial and commercial use as a solvent (for cleaning or degreasing) in electronic equipment, appliance and component manufacturing.</E>
                         This condition of use refers to the industrial or commercial use of NMP or NMP-containing solvent (for cleaning or degreasing) product in manufacturing and maintaining electrical or electronic parts including, but not limited to magnet wire coating, capacitor, resistor, coil, transfer and other inductor manufacturing. This description includes, but is not limited to, use of NMP as a solvent in enamels, thinners, and cleaners to remove coatings and masks and in maintenance and equipment cleaning.
                    </P>
                    <P>
                        vii. 
                        <E T="03">Industrial and commercial use as a solvent (for cleaning or degreasing) in electronic equipment, appliance and component manufacturing for use in semiconductor manufacturing.</E>
                         This condition of use refers to the industrial or commercial use of NMP or NMP-containing containing solvent (for cleaning or degreasing) product in manufacturing and maintaining semiconductor chip manufacturing. This description includes, but is not limited to, the use of NMP for cleaning and stripping wafer surfaces in preparation for other coating formulations and in maintenance and equipment cleaning activities.
                    </P>
                    <P>
                        viii. 
                        <E T="03">Industrial and commercial use in ink, toner and colorant products in printer ink and inks in writing equipment.</E>
                         This condition of use refers to the industrial or commercial use of NMP in printing and writing activities with products containing NMP. This includes printing technologies that use inks containing NMP, such as lithography, flexography, screen, letterpress, and digital technologies, which includes electrophotography and inkjet printing.
                    </P>
                    <P>
                        ix. 
                        <E T="03">Industrial and commercial use in processing aids, specific to petroleum production in petrochemical manufacturing, in oil and gas drilling, extraction and support activities, and in functional fluids (closed systems).</E>
                         This condition of use refers to the industrial or commercial use of NMP to improve the processing characteristics or the operation of process equipment or to alter or buffer the pH of the substance or mixture, when added to a process or to a substance or mixture to be processed specific to petroleum production in petrochemical manufacturing. This includes, but is not limited to, use as a processing aid for the extraction, separation, and recovery of aromatic hydrocarbons and other compounds from oils, natural gas, and refinery gases. Processing agents do not become a part of the reaction product and are not intended to affect the function of a substance created.
                    </P>
                    <P>
                        x. 
                        <E T="03">Industrial and commercial use in adhesives and sealants including binding agents, single component glues and adhesives, including lubricant adhesives, and two-compound glues and adhesives including some resins.</E>
                         This condition of use refers to the industrial or commercial application of NMP-containing adhesive and sealant products including binding agents, single and two-component glues and adhesives, lubricant additives, and some resins.
                    </P>
                    <P>
                        xi. 
                        <E T="03">Industrial and commercial use in soldering materials.</E>
                         This condition of use refers to the industrial or commercial use of NMP in soldering materials. Soldering is a process in which two or more substrates, or parts (usually metal), are joined together by melting a filler metal material (solder or soldering flux) into the joint and allowing it to cool, thereby joining the independent parts.
                    </P>
                    <P>
                        xii. 
                        <E T="03">Industrial and commercial use in anti-freeze and de-icing products, automotive care products, and lubricants and greases.</E>
                         This condition of use refers to the industrial or commercial use of automotive servicing products containing NMP in servicing and maintenance activities in automotive vehicles. Some products may be applied through aerosol activities, which typically involve the application of a solution from pressurized cans or bottles that use propellant to aerosolize the solution, allowing it to be sprayed onto substrates.
                    </P>
                    <P>
                        xiii. 
                        <E T="03">Industrial and commercial use in metal products not covered elsewhere, and lubricant and lubricant additives including hydrophilic coatings.</E>
                         This condition of use refers to the industrial or commercial use of NMP in products used in metal finishing. Metal finishing is a broad term used in industry to include a wide variety of processes that alter the surface of metal substrates, such as cleaning, coating, etching, and invasive quality testing.
                    </P>
                    <P>
                        xiv. 
                        <E T="03">Industrial and commercial use in laboratory chemicals.</E>
                         This condition of use refers to the industrial or commercial use of NMP in laboratory chemicals. This condition of use refers to the industrial and commercial use of NMP, often in small quantities, in a laboratory process or in specialized laboratory equipment for instrument calibration/maintenance chemical analysis, chemical synthesis, as a carrier chemical, extracting and purifying other chemicals, dissolving other substances, executing research, development, test 
                        <PRTPAGE P="51148"/>
                        and evaluation methods, and similar activities.
                    </P>
                    <P>
                        xv. 
                        <E T="03">Industrial and commercial use in lithium ion battery manufacturing.</E>
                         This condition of use refers to the industrial or commercial use of NMP or NMP-containing products in manufacturing and maintaining lithium-ion battery cell manufacturing.
                    </P>
                    <P>
                        xvi. 
                        <E T="03">Industrial and commercial use in cleaning and degreasing, and cleaning and furniture care products, including wood cleaners and gasket removers.</E>
                         This condition of use refers to the industrial or commercial use of NMP in cleaning or degreasing applications, including, but not limited to, use in industrial facilities and commercial shops, as well as products that can be used in multiple applications including, but not limited to, furniture care products, wood cleaners, and gasket removers. EPA identified NMP-containing cleaning products used in applications including, but not limited to, aerosol degreasing, dip/immersion degreasing and cleaning, wipe cleaning, and spray application.
                    </P>
                    <P>
                        xvii. 
                        <E T="03">Industrial and commercial use in fertilizer and other agricultural chemical manufacturing, processing aids and solvents.</E>
                         This condition of use refers to the industrial or commercial use of NMP in the synthesis of and as a co-solvent in the formulation of agricultural chemicals. This description includes the use as an NMP containing fertilizer additive blended into granular or liquid fertilizers.
                    </P>
                    <HD SOURCE="HD3">d. Consumer Uses</HD>
                    <P>EPA determined that the condition of use in Unit III.B.1.d.v contributes to the unreasonable risk for NMP. As described in this unit, while EPA determined that seven of the eight consumer uses of NMP do not contribute to the unreasonable risk, the commercial counterparts of these conditions of use do contribute to the unreasonable risk. EPA determined that the seven consumer uses of NMP do not contribute to the unreasonable risk largely due to the generally low concentration of NMP in consumer products and the infrequent use by consumers of those products. (Ref. 1). However, the commercial use of these types of products does contribute to the unreasonable risk because of their generally higher concentrations of NMP or frequency of use in a commercial setting. Therefore, EPA is proposing upstream regulation of these seven consumer uses to address the unreasonable risk from NMP by certain commercial uses so that NMP as a whole chemical no longer presents unreasonable risk, as further discussed in Unit V.A.1.a. The consumer uses that do not contribute to the unreasonable risk for NMP are identified in Unit III.B.1.d.i. through iv. and vi. through viii. Because the potential use of these consumer products by commercial users contributes to their unreasonable risk, EPA is proposing upstream regulation of these consumer conditions of use as described in Unit IV.A.2.</P>
                    <P>
                        i. 
                        <E T="03">Consumer use in paint and coating removers.</E>
                         This condition of use refers to consumer use of NMP-containing products in paint and coating remover products.
                    </P>
                    <P>
                        ii. 
                        <E T="03">Consumer use in adhesive removers.</E>
                         This condition of use refers to consumer use of NMP-containing products in adhesive remover products.
                    </P>
                    <P>
                        iii. 
                        <E T="03">Consumer use in paints and coatings in lacquers, stains, varnishes, primers and floor finishes.</E>
                         This condition of use refers to consumer use of NMP-containing products in paints and coatings products including lacquers, stains, varnishes, primers and floor finishes.
                    </P>
                    <P>
                        iv. 
                        <E T="03">Consumer use in paint additives and coating additives in paints and arts and crafts paints.</E>
                         This condition of use refers to consumer use of NMP-containing products in paint additive and coating additive products including paints and arts and crafts paints.
                    </P>
                    <P>
                        v. 
                        <E T="03">Consumer use in adhesives and sealants in glues and adhesives, including lubricant adhesives.</E>
                         This condition of use refers to consumer use of NMP-containing products in adhesive and sealant products.
                    </P>
                    <P>
                        vi. 
                        <E T="03">Consumer use in automotive care products.</E>
                         This condition of use refers to consumer use of NMP-containing products in automotive care products. This description includes automotive interior cleaning products.
                    </P>
                    <P>
                        vii. 
                        <E T="03">Consumer use in cleaning and furniture care products, including wood cleaners and gasket removers.</E>
                         This condition of use refers to consumer use of NMP-containing products in cleaning and furniture care products, including wood cleaners and gasket removers. This description includes cleaners and degreasers and engine cleaners and degreasers.
                    </P>
                    <P>
                        viii. 
                        <E T="03">Consumer use in lubricant and lubricant additives, including hydrophilic coatings.</E>
                         This condition of use refers to consumer use of NMP-containing products in lubricant and lubricant additive products.
                    </P>
                    <HD SOURCE="HD3">e. Disposal</HD>
                    <P>This condition of use refers to the process of disposing generated waste streams of NMP that are collected either on-site or collected and transported to a third-party site, such as waste incineration sites, for disposal.</P>
                    <HD SOURCE="HD3">f. Terminology in This Proposed Rule</HD>
                    <P>For purposes of this proposed rulemaking “occupational conditions of use” refers to the TSCA conditions of use described in Units III.B.1.a., b., c., and e. Although EPA identified both industrial and commercial uses in the 2020 Risk Evaluation for NMP for purposes of distinguishing scenarios, the Agency clarified then and clarifies now that EPA interprets the authority over “any manner or method of commercial use” under TSCA section 6(a)(5) to reach both.</P>
                    <P>Additionally, in the 2020 Risk Evaluation for the chemical substance NMP, EPA identified and assessed all known, intended, and reasonably foreseen processing, industrial, commercial, and consumer uses of NMP in order to determine whether NMP as a whole chemical substance presents unreasonable risks to health and the environment. EPA determined that all processing, industrial, and commercial uses of NMP evaluated in the 2020 Risk Evaluation for NMP contribute to the EPA determination that NMP presents unreasonable risk of injury to health. As such, for purposes of this risk management rulemaking, “processing” refers to all processing, including known, intended, and reasonably foreseen processing of NMP. Likewise, for the purpose of this risk management rulemaking, “industrial and commercial use” refers to all industrial and commercial uses, including known, intended, or reasonably foreseen NMP industrial and commercial use.</P>
                    <P>
                        EPA is not proposing to incorporate the descriptions in Unit III.B.1.a. through e. into the regulatory text as definitions. EPA requests comment on whether EPA should promulgate definitions for those conditions of use evaluated in the 2020 Risk Evaluation for NMP that would not be prohibited, and, if so, whether the descriptions in this unit are consistent with the conditions of use evaluated in the 2020 Risk Evaluation for NMP and whether they provide a sufficient level of detail to improve the clarity and readability of the regulation. EPA further notes that this proposed rule does not apply to any substance excluded from the definition of “chemical substance” under TSCA section 3(2)(B)(ii) through (vi). Those exclusions include, but are not limited to, any pesticide (as defined by the Federal Insecticide, Fungicide, and Rodenticide Act) when manufactured, processed, or distributed in commerce for use as a pesticide; and any food, food additive, drug, cosmetic, or device, 
                        <PRTPAGE P="51149"/>
                        as defined in the Federal Food, Drug, and Cosmetic Act (FFDCA) section 201, when manufactured, processed, or distributed in commerce for use as a food, food additive, drug, cosmetic or device. For example, the proposed rule does not apply to NMP used as a nail polish remover, provided it is manufactured, processed, or distributed in commerce for such use, because nail polish remover is a cosmetic as defined in FFDCA section 201(i).
                    </P>
                    <HD SOURCE="HD3">2. Description of Unreasonable Risk Under the Conditions of Use</HD>
                    <P>
                        EPA has determined that NMP presents an unreasonable risk of injury to human health under the conditions of use based on acute and chronic non-cancer risks. As described in the TSCA section 6(b) 2020 Risk Evaluation for NMP, EPA identified non-cancer adverse effects from acute and chronic inhalation and dermal exposures to NMP. EPA identified that the best representative endpoints for non-cancer effects were from acute (developmental toxicity) and chronic (reproductive toxicity) inhalation and dermal exposures for all conditions of use. Additional risks associated with other adverse effects (
                        <E T="03">e.g.,</E>
                         liver toxicity, kidney toxicity, immunotoxicity, neurotoxicity, irritation and sensitization) were identified for acute and chronic inhalation and dermal exposures. EPA did not evaluate cancer risk from exposure to NMP because NMP is not mutagenic and is not considered carcinogenic. Unit VI.A. summarizes the health effects and the magnitude of exposures (Ref. 1).
                    </P>
                    <P>The 2020 Risk Evaluation for NMP assessed exposure from inhalation, dermal, and vapor through skin exposure, and identified that the unreasonable risk of injury to human health is mainly driven by direct dermal contact with NMP. Therefore, EPA is proposing dermal exposure controls (or, as needed, prohibitions) to prevent direct dermal contact with NMP. While inhalation risks contribute to the unreasonable risk from NMP, addressing inhalation risks alone would not mitigate the unreasonable risk from NMP. For a small number of conditions of use where inhalation and dermal exposures both significantly contribute to the unreasonable risk, EPA is proposing inhalation and dermal exposure controls. The measures to address the unreasonable risk are discussed further in Unit IV., and the rationale for these measures are discussed further in Unit V.</P>
                    <P>To make the unreasonable risk determination for NMP, EPA evaluated exposures to workers, ONUs, consumer users, and bystanders to consumer use using reasonably available monitoring and modeling data for inhalation and dermal exposures. EPA conducted a screening-level analysis to assess potential risks from the air and water pathways to fenceline communities. A discussion of EPA's analysis and the expected effects of this rulemaking on fenceline communities is in Unit VI.A.</P>
                    <P>For the 2020 Risk Evaluation for NMP, EPA considered PESS. EPA identified the following groups as PESS: workers, ONUs, consumers, bystanders, males and females of reproductive age, pregnant women and the developing embryo/fetus, infants, children, and adolescents, people with pre-existing conditions and people with lower metabolic capacity due to life stage, genetic variation, or impaired liver function (Ref. 1). All PESS are included in the quantitative and qualitative analyses described in the risk evaluation, and were considered in the determination of unreasonable risk for NMP. As discussed in Unit II.D. and Unit VI.A., the 2020 Risk Evaluation for NMP did not fully assess some exposure pathways, including the air and surface water exposure pathways to the general population from the published risk evaluations and may have caused some risks to be unaccounted for in the risk evaluation. EPA considers these communities a subset of the general population and categorizes them as fenceline communities; they may also be considered PESS. See Unit VI.A. for further discussion on assessing and protecting against risk to fenceline communities.</P>
                    <HD SOURCE="HD3">3. Description of TSCA Section 6 Requirements for Risk Management</HD>
                    <P>EPA examined the TSCA section 6(a) requirements (listed in Unit III.A.) to identify which ones have the potential to address the unreasonable risk for NMP.</P>
                    <P>As required, EPA developed a proposed regulatory action and an alternative regulatory action, which are described in Units IV.A. and IV.B., respectively. To identify and select a regulatory action, EPA considered the two routes of exposure driving the unreasonable risk, inhalation and dermal, and the exposed populations. For occupational conditions of use (see Unit III.B.1.f.), EPA considered how it could directly regulate manufacturing (including import), processing, distribution in commerce, industrial and commercial use, or disposal to address the unreasonable risk. EPA does not have direct authority to regulate consumer use. Therefore, EPA considered how it could exercise its authority under TSCA to regulate the manufacturing (including import), processing, and/or distribution in commerce of NMP at different points in the supply chain to eliminate exposures or restrict the availability of NMP and NMP-containing products for consumer use to address the unreasonable risk.</P>
                    <P>As required by TSCA Section 6(c)(2), EPA considered several factors, in addition to identified unreasonable risk, when selecting among possible TSCA section 6(a) requirements. To the extent practicable, EPA factored into its decisions: (i) The effects of NMP on health and the environment, (ii) The magnitude of exposure to NMP of human beings and the environment, (iii) The benefits of NMP for various uses, and (iv) The reasonably ascertainable economic consequences of the rule. In evaluating the reasonably ascertainable economic consequences of the rule, EPA considered: (i) The likely effect of the rule on the national economy, small business, technological innovation, the environment, and public health; (ii) The costs and benefits of the proposed regulatory action and alternative regulatory action considered; and (iii) The cost effectiveness of the proposed regulatory action and of the alternative regulatory action considered. See Unit VI. for further discussion related to TSCA section 6(c)(2)(A) considerations, including the statement of effects of the proposed rule with respect to these considerations.</P>
                    <P>EPA also considered the regulatory authority under TSCA and other statutes such as the OSH Act, Consumer Product Safety Act (CPSA), and other EPA-administered statutes to examine: (1) Whether there are opportunities for all or part of risk management action on NMP to be addressed under other statutes, such that a referral may be warranted under TSCA sections 9(a) or 9(b); or (2) Whether TSCA section 6(a) regulation could include alignment of requirements and definitions in and under existing statutes to minimize confusion to the regulated entities and the general public.</P>
                    <P>In addition, EPA followed other TSCA requirements such as considering the availability of alternatives when contemplating prohibition or a substantial restriction (TSCA section 6(c)(2)(C), as outlined in Unit IV.B.), and setting proposed compliance dates in accordance with the requirements in TSCA section 6(d)(1) (described in the proposed and alternative regulatory actions in Unit IV.).</P>
                    <P>
                        To the extent information was reasonably available, when selecting regulatory actions, EPA considered pollution prevention and the hierarchy 
                        <PRTPAGE P="51150"/>
                        of controls adopted by OSHA and NIOSH, with the goal of identifying risk management control methods that are permanent, feasible, and effective. EPA also considered how to address the unreasonable risk while providing flexibility to the regulated entities where appropriate. EPA considered the information presented in the 2020 Risk Evaluation for NMP, as well as additional input from stakeholders (as described in Unit III.A.), and anticipated compliance strategies from regulated entities.
                    </P>
                    <P>Taken together, these considerations led EPA to the proposed regulatory action and alternative regulatory action described in Unit IV. Additional details related to how the requirements in this unit were incorporated into development of those actions are in Unit V.</P>
                    <HD SOURCE="HD1">IV. Proposed and Alternative Regulatory Actions</HD>
                    <P>This unit describes the proposed regulatory action by EPA so that NMP will no longer present an unreasonable risk of injury to health. In addition, as indicated by TSCA section 6(c)(2)(A), EPA must consider the costs and benefits and the cost-effectiveness of the proposed regulatory action and alternative regulatory action. In the case of NMP, the proposed regulatory action is described in Unit IV.A. and the alternative regulatory action considered is described in Unit IV.B. An overview of the proposed regulatory action and alternative regulatory action for each condition of use is in Unit IV.C. The rationale for the proposed and alternative regulatory action and associated compliance timeframes are discussed in this unit and in more detail in Unit V.A. Discussion of the consideration of TSCA section 6(c)(2)(A) is further described in Unit VI.</P>
                    <HD SOURCE="HD2">A. Proposed Regulatory Action</HD>
                    <P>EPA is proposing, under TSCA section 6(a) to: Prohibit the manufacture (including import), processing, distribution in commerce, and industrial and commercial use of NMP for five occupational uses; Require container size limits and labeling requirements for the manufacture (including import), processing, and distribution in commerce of NMP products for seven consumer uses; Require prescriptive controls, including concentration limits and PPE, for seven occupational conditions of use; Require strict workplace controls, including an NMP WCPP, which would include requirements to prevent direct dermal contact with NMP, for all other occupational conditions of use; Require a concentration limit on NMP for the import, processing, and distribution in commerce for one consumer use; and Establish recordkeeping and downstream notification requirements. Pursuant to TSCA section 12(a)(2), this proposed rule would apply to NMP even if being manufactured, processed, or distributed in commerce solely for export from the United States because EPA has determined that NMP presents an unreasonable risk to health or the environment within the United States.</P>
                    <P>To aid the regulated community with implementing the prohibitions and restrictions, and to account for de minimis levels of NMP as an impurity in products, EPA is proposing that products containing NMP at concentrations less than 0.1% by weight would not be subject to the prohibitions and restrictions described in this unit. EPA has determined that the prohibitions and restrictions would only be necessary for products containing NMP at levels equal to or greater than 0.1% by weight to eliminate the unreasonable risk of injury resulting from inhalation and dermal exposures from NMP-containing products during occupational and consumer conditions of use. EPA's description for how allowing for a concentration of NMP up to 0.1% would not hinder the ability of this rulemaking to address the unreasonable risk associated with NMP-containing products and rationale for this regulatory approach are in Unit V.A. EPA requests comment on allowing this de minimis level of NMP in products to account for impurities.</P>
                    <HD SOURCE="HD3">1. Prohibition of Certain Occupational Uses and Manufacturing, Processing, and Distribution in Commerce of NMP for Those Uses</HD>
                    <P>EPA is proposing to prohibit the manufacturing (including import), processing, distribution in commerce, and use of NMP for the following conditions of use:</P>
                    <P>• Processing incorporation into articles in lubricants and lubricant additives in machinery manufacturing;</P>
                    <P>• Industrial and commercial use in anti-freeze and de-icing products, automotive care products, and lubricants and greases;</P>
                    <P>• Industrial and commercial use in metal products not covered elsewhere and lubricant and lubricant additives including hydrophilic coatings;</P>
                    <P>• Industrial and commercial use in cleaning and degreasing and cleaning and furniture care products, including wood cleaners and gasket removers; and</P>
                    <P>• Industrial and commercial uses in fertilizer and other agricultural chemical manufacturing-processing aids and solvents.</P>
                    <P>The industrial and commercial uses of NMP in specialized electronics, such as lithium ion battery manufacturing for use in electronic vehicles or semiconductor manufacturing, and the associated upstream manufacturing (including import) and processing uses are not prohibited. EPA supports the continuation of these specialized electronic uses while addressing the unreasonable risk through appropriate exposure controls, detailed in Unit IV.A.3.</P>
                    <P>As discussed in Units III.B.3. and V.A., based on the Agency's consideration of alternatives under TSCA section 6(c)(2)(C), uncertainty relative to the feasibility of exposure reduction to sufficiently address the unreasonable risk across the broad range of work environments and activities, and the irreversible health effects associated with NMP exposures, EPA has determined that prohibition of the conditions of use identified in this unit is the best way to address the unreasonable risk from NMP. EPA believes there are a sufficient number of alternatives for these uses, described further in Unit V.B. and the Alternatives Assessment (Ref. 4).</P>
                    <P>
                        EPA is proposing that the prohibitions on manufacturing (including import), processing, distribution in commerce, and industrial and commercial use of NMP for these conditions of use would follow a staggered schedule, due to supply chain considerations. EPA proposes that the compliance dates for the proposed prohibitions described in this unit would come into effect in 12 months for manufacturers, 15 months for processers, 18 months for distributing to retailers, 21 months for all other distributors (including retailers), and 24 months for industrial and commercial users after the publication date of the final rule. When proposing these compliance dates as required under TSCA section 6(d), EPA considered irreversible health effects and risks associated with NMP exposure. EPA has no reasonably available information indicating that the proposed compliance dates are not practicable for the activities that would be prohibited, or that additional time is needed for products to clear the channels of trade. For NMP, for the conditions of use EPA is proposing to prohibit, the Agency believes either NMP may no longer be used or regulated entities would be able to meet the proposed or alternative compliance timeframes due to availability of alternatives. EPA recognizes that for other proposed regulations under TSCA 
                        <PRTPAGE P="51151"/>
                        section 6, including methylene chloride (88 FR 28284, May 3, 20230 (FRL-8155-02-OCSPP), perchloroethylene (88 FR 39652, June 16, 2023) (FRL-8329-02-OCSPP), and carbon tetrachloride (88 FR 49180, July 28, 2023) (RL-8206-01-OCSPP), public comments have provided information in support of longer compliance timeframes. Similarly, for NMP, EPA requests comment on whether additional time is needed, for example, for products to clear the channels of trade, or for implementing the use of substitutes. Comments should include documentation such as the specific use of the chemical throughout the supply chain; concrete steps taken to identify, test, and qualify substitutes for those uses (including details on the substitutes tested and the specific certifications that would require updating); and estimates of the time required to identify, test, and qualify substitutes with supporting documentation. EPA also requests comment on whether these are the appropriate types of information for use in evaluating compliance requirements, and whether there are other considerations that should apply. EPA may finalize significantly shorter or longer compliance timeframes based on consideration of public comments. EPA is also requesting comment on: (1) whether respiratory protection and dermal PPE should be required before the effective date of the prohibition; (2) to what extent inhalation and dermal PPE may already be implemented in most uses being prohibited; and (3) whether requirements that inhalation and dermal PPE be used before the effective dates of prohibitions would be overly burdensome to entities indicated in this unit that would be working to comply with the prohibition. EPA is requesting comments from the public for more information about the uses EPA is proposing to prohibit, particularly the industrial and commercial uses in fertilizer and other agricultural chemical manufacturing-processing aids and solvents, and the ability for workplaces in these conditions of use to comply with strict workplace controls like those required under the WCPP, or the ability to comply with a prohibition and reformulate to an alternative chemical or process.
                    </P>
                    <P>
                        Additionally, EPA recognizes that there may be instances where an ongoing use of NMP that has implications for national security or critical infrastructure as it relates to other Federal agencies (
                        <E T="03">e.g.,</E>
                         DOD, DOE, NASA) is identified after the NMP rule is finalized, but the final rule prohibits that use. For instances like that, EPA requests comments on an appropriate, predictable process that could expedite reconsideration for uses that Federal agencies or their contractors become aware of after the final rule is issued using the tools available under TSCA, aligning with the requirements of TSCA section 6(g). One example of an approach could be the establishment by rulemaking of a Federal agency category of use that would require implementation of the WCPP and periodic reporting to EPA on details of the use as well as progress in discontinuing the use or finding a suitable alternative. To utilize the category of use a Federal agency would petition EPA, supported by documentation describing the specific use (including documentation of the specific need, service life of any relevant equipment, and specific identification of any applicable regulatory requirements or certifications, as well as the location and quantity of the chemical being used); the implications of cessation of this use for national security or critical infrastructure (including how the specific use would prevent injuries/fatalities or otherwise provide life-supporting functions); exposure control plan; and, for Federal agency uses where similar adoption by the commercial sector may be likely, concrete steps taken to identify, test, and qualify substitutes for the uses (including details on the substitutes tested and the specific certifications that would require updating; and estimates of the time required to identify, test, and qualify substitutes with supporting documentation). In the event that sensitive information relating to national security or critical infrastructure would be submitted to EPA, EPA would protect the submitted information in accordance with applicable authorities. EPA requests comment on whether these are the appropriate types of information for use in evaluating this type of category of use, and whether there are other considerations that should apply. EPA would make a decision on the petition within 30 days and publish the decision in the 
                        <E T="04">Federal Register</E>
                         shortly after. Additionally, during the year following the petition, EPA would take public comment on the approved petition and no later than 180 days after submitting the petition to EPA, the requesting agency would submit monitoring data indicating compliance with the WCPP at each relevant location as well as documentation of efforts to identify or qualify substitutes. In the absence of that confirmatory data, the utilization of the generic Federal agency category of use would expire within one year of the date of receipt by EPA of the petition. EPA could undertake a TSCA section 6(g) rulemaking for those instances where the Federal agency could not demonstrate compliance with the WCPP. This is just one example of a potential process. EPA requests comments on a process that could expedite reconsideration for uses that Federal agencies or their contractors become aware of after the final rule is issued.
                    </P>
                    <P>EPA continues to work with Federal agency partners to develop a regulatory approach to accommodate uses needed for national security or critical infrastructure purposes in a manner that complies with EPA requirements for implementation of a workplace chemical protection plan (WCPP) and any other EPA identified protective measures intended to mitigate an unreasonable risk of injury to health or the environment. EPA solicits comment on all aspects of its steps to accommodate these uses in this proposed rule and whether any additional measures are needed.</P>
                    <HD SOURCE="HD3">2. Container Size Restrictions and Labeling Requirements</HD>
                    <P>
                        EPA has identified consumer products similar to the commercial products proposed to be prohibited. While EPA determined that the consumer uses of NMP listed in this unit do not contribute to the unreasonable risk, EPA found that the commercial counterparts of these conditions of use do contribute to the unreasonable risk due to the increased exposure from more frequent use. As described in Unit III.B.3., under TSCA section 6(a), EPA is required to issue a regulation applying one or more of the TSCA section 6(a) requirements to the extent necessary so that the unreasonable risk of injury to health or the environment from a chemical substance is no longer presented. As such, EPA is proposing tailored upstream regulations for these consumer conditions of use to manage the exposures to similar commercial conditions of use. In this way, NMP would not present unreasonable risk to workers. These restrictions are intended to prevent the consumer products intended for consumer use from being unlawfully used in commercial activities. EPA is proposing to prohibit the import, processing, and distribution in commerce of NMP or NMP-containing products for these consumer uses of NMP if the containers exceed a 
                        <PRTPAGE P="51152"/>
                        volume more than 16 ounces. The rationale for this container size volume is described in Unit V.A.1.b.
                    </P>
                    <P>EPA is proposing to restrict the container size and require labels for NMP-containing products for the following consumer uses:</P>
                    <P>• In paint and coating removers;</P>
                    <P>• In adhesive removers;</P>
                    <P>• In paints and coatings in lacquer, stains, varnishes, primers and floor finishes;</P>
                    <P>• In paint additives and coating additives in paints and arts and crafts paints;</P>
                    <P>• In automotive care products;</P>
                    <P>• In cleaning and furniture care products, including wood cleaners, gasket removers; and</P>
                    <P>• In lubricant and lubricant additives, including hydrophilic coatings.</P>
                    <P>EPA is requesting public comment on whether meeting this container size restriction to prevent commercial use would also have the same, though unintended, effect of reducing the consumer use.</P>
                    <P>Additionally, to prevent commercial use of these consumer products, EPA is proposing to require all importers, processors, and distributors in commerce of the NMP-containing products for the conditions of use listed in this unit to provide a label securely attached to each product. Label information would be required to be prominently displayed in an easily readable font size, and contain the following text including the sentence “This product is only for sale in containers of 16 ounces or less and is for consumer use only” in italic print or a larger font for emphasis:</P>
                    <EXTRACT>
                        <P>
                            This product contains n-methylpyrrolidone (NMP) (CASRN 872-50-4), also called n-methyl-2-pyrrolidone or 1-methyl-2-pyrrolidone, a chemical determined by the Environmental Protection Agency to present unreasonable risk of injury to health under the Toxic Substances Control Act (TSCA), based on developmental and reproductive effects. The use of NMP is restricted under 40 CFR part 751, subpart C. 
                            <E T="03">This product is only for sale in containers of 16 ounces or less and is for consumer use only.</E>
                             This product shall not be used for commercial purposes.
                        </P>
                    </EXTRACT>
                    <P>
                        EPA is proposing that the container size limit and labeling requirements described in this unit take effect 12 months after the publication date of the final rule in the 
                        <E T="04">Federal Register</E>
                         for import, processing, and distribution in commerce. EPA has no reasonably available information indicating these proposed compliance dates are not practicable for the activities that would require repackaging and labeling or that additional time is needed for products to clear the channels of trade. However, EPA requests comment on whether additional time is needed, for example, for products to clear the channels of trade, or for implementing the container size restriction, and on what an appropriate container size restriction should be if not 16 ounces, and why. EPA is also seeking public comment on any alternative options to prevent diversion of consumer products to commercial uses. Comments should include documentation such as the specific container sizes of the NMP-containing products and estimates of the time and expenses required to implement the labeling requirement. EPA may finalize significantly shorter or longer compliance timeframes based on consideration of public comments.
                    </P>
                    <HD SOURCE="HD3">3. Workplace Chemical Protection Program (WCPP) for Certain Conditions of Use</HD>
                    <HD SOURCE="HD3">a. Overview</HD>
                    <P>EPA is proposing Direct Dermal Contact Control (DDCC) requirements as part of the WCPP for the manufacturing, processing, and use of NMP for all industrial and commercial uses, except for those conditions of use which would be prohibited (as described in Unit IV.A.1) or subject to prescriptive controls (as described in Unit IV A.4). This would include requirements to comply with the WCPP for the following conditions of use:</P>
                    <P>• Manufacturing (domestic manufacturing);</P>
                    <P>• Manufacturing (import);</P>
                    <P>• All processing, excluding conditions of use for which prohibition or prescriptive controls are proposed (which are listed in Unit IV.A.1 and IV.A.4, respectively). All processing includes, but is not limited to: processing as a reactant or intermediate in plastic material and resin manufacturing and other non-incorporative processing; processing incorporation into a formulation, mixture or reaction product in multiple industrial sectors; processing incorporation into articles as a solvent (which becomes part of a product formulation or mixture) including in textiles, apparel and leather manufacturing; processing incorporation into articles in other sectors, including in plastic product manufacturing; processing by repackaging in wholesale and retail trade; processing by recycling;</P>
                    <P>• All industrial and commercial uses, excluding conditions of use for which prohibition or prescriptive controls are proposed (which are listed in Units IV.A.1 and IV.A.4, respectively). All industrial and commercial uses includes, but is not limited to: industrial and commercial use in paint additives and coating additives in computer and electronic product manufacturing in electronic parts manufacturing; industrial and commercial use in paint additives and coating additives in computer and electronic product manufacturing in semiconductor manufacturing; industrial and commercial use as a solvent (for cleaning or degreasing) in electrical equipment, appliance and component manufacturing; industrial and commercial use as a solvent (for cleaning or degreasing) in electrical equipment, appliance and component manufacturing for use in semiconductor manufacturing; industrial and commercial use in processing aids, specific to petroleum production in petrochemical manufacturing in oil and gas drilling, extraction and support activities, and in functional fluids (close systems); industrial and commercial use in laboratory chemicals; industrial and commercial uses in lithium ion battery manufacturing; industrial and commercial use in paints and coatings and paint, coating, and adhesive removers by DOD, NASA, and their contractor for mission-critical components on government-operated aerospace vehicles, vessels, and military weapons systems, including mission- or safety-critical components; and</P>
                    <P>• Disposal.</P>
                    <P>
                        As described in Unit III.B.3., EPA is required to issue a regulation applying one or more of the TSCA section 6(a) requirements to the extent necessary so that the unreasonable risk of injury to health or the environment from a chemical substance is no longer presented. The TSCA section 6(a) requirements provide EPA the authority to limit or restrict a number of activities, alone or in combination, including the manufacture, processing, distribution in commerce, commercial use, and disposal of the chemical substance. Given this authority, EPA may find it appropriate in certain circumstances to propose requirements under a WCPP for certain occupational (
                        <E T="03">e.g.,</E>
                         manufacturing, processing, industrial and commercial use, and disposal) conditions of use. The WCPP for NMP would encompass DDCC requirements, and the associated implementation requirements described in this unit to ensure that the chemical substance no longer presents unreasonable risk.
                    </P>
                    <P>
                        Under a WCPP, owners or operators would have some flexibility, within the parameters outlined in this unit, regarding how they prevent direct dermal contact. In the case of NMP, 
                        <PRTPAGE P="51153"/>
                        implementing the DDCC requirements for certain occupational conditions of use would address unreasonable risk to potentially exposed persons from dermal exposure.
                    </P>
                    <P>
                        EPA uses the term “potentially exposed person” in this unit and in the regulatory text to include workers, occupational non-users, employees, independent contractors, employers, and all other persons in the work area where NMP is present and who may be exposed to NMP under the conditions of use for which a WCPP would apply. One important reason to define a potentially exposed person for the purposes of a WCPP as any person who may be exposed in the workplace is to emphasize the broad scope of exposures which must be categorized when implementing a WCPP. EPA notes that this definition is intended to apply only in the context of risk management, and specifically in the context of a WCPP (
                        <E T="03">e.g.,</E>
                         workers directly using the chemical, workers in the vicinity of the use, students in a laboratory setting). The term is not intended as a replacement for the term Potentially Exposed or Susceptible Subpopulation as defined by TSCA section 3(12). EPA additionally recognizes that other individuals or communities may be exposed to NMP as consumers, members of fenceline communities, or members of the general population, which is separate and apart from those potentially exposed for the purposes of the regulatory requirements of the WCPP. In those instances, where regulatory requirements address exposures unrelated to a WCPP EPA would use distinct terminology to refer to those other populations. EPA's intention is to require a comprehensive WCPP that would address the unreasonable risks from NMP to potentially exposed persons directly handling the chemical or in the area where the chemical is being used.
                    </P>
                    <P>Similarly, the 2020 risk evaluation for NMP did not distinguish between employers, contractors, or other legal entities or businesses that manufacture, process, distribute in commerce, use, or dispose of NMP.</P>
                    <P>EPA uses the term “owner or operator” to describe the entity responsible for implementing the WCPP for workplaces where an applicable condition of use is occurring and NMP is present. The term includes any person who owns, leases, operates, controls, or supervises such a workplace.</P>
                    <P>DDCC requirements are process-based approaches to prevent direct dermal contact with NMP and associated implementation requirements described in this unit to ensure that the chemical substance no longer presents unreasonable risk from dermal exposure. DDCC requirements allow regulated entities some flexibility within certain parameters outlined in this unit for preventing direct dermal contact with NMP. In the case of NMP, EPA has preliminarily determined that preventing direct dermal contact through DDCC requirements for certain conditions of use would address their contribution to the unreasonable risk from NMP. NMP is slightly volatile, and preventing direct dermal contact with NMP would also inherently reduce inhalation exposure by reducing concentration of NMP in air from volatilization, further preventing unreasonable risk to workers.</P>
                    <P>This unit includes a summary of the proposed NMP WCPP, including a description of the proposed DDCC requirements and associated implementation requirements; consideration of the NIOSH hierarchy of controls (hereafter referred to as “hierarchy of controls”); and additional requirements proposed for recordkeeping, workplace training, workplace participation, and notification. This unit also describes compliance timeframes for these proposed requirements.</P>
                    <HD SOURCE="HD3">b. Direct Dermal Contact Control (DDCC) Requirements</HD>
                    <P>
                        i. 
                        <E T="03">Direct dermal contact.</E>
                         DDCC requirements are a process-based set of provisions to address unreasonable risk driven by dermal exposure by preventing direct dermal contact in the workplace. To address the unreasonable risk driven by dermal exposure to NMP, DDCC requirements would include controls to separate, distance, physically remove, or isolate all person(s) from direct handling of NMP or from skin contact with surfaces that may be contaminated with NMP (
                        <E T="03">i.e.,</E>
                         equipment or materials on which NMP may be present) under routine conditions in the workplace (hereafter referred to as direct dermal contact). The 2020 Risk Evaluation for NMP assessed risks to workers from inhalation and dermal exposure, and concluded the risk was driven by the dermal exposure, mainly direct skin contact with NMP. Risk exceeding the benchmark was identified even when considering use of chemically resistant gloves in most commercial and industrial conditions of use. The 2020 Risk Evaluation deduced that direct dermal contact drives the unreasonable risk by comparing the internal exposure to workers with inhalation, vapor through skin and dermal liquid contact with internal exposure to ONUs due to inhalation and vapor through skin exposure (a subtraction technique). The percent exposure to NMP due to dermal contact with liquid is provided in table 4-54 in section 4.3.7 of the 2020 Risk Evaluation (Ref. 1). EPA's description for how the requirements related to DDCC would address the unreasonable risk resulting from dermal exposures and the rationale for this regulatory approach is outlined in Units III.B.3. and V.A.
                    </P>
                    <P>As part of DDCC requirements, EPA is proposing to require owners and operators to implement dermal exposure controls in accordance with the hierarchy of controls. EPA also recommends and encourages the use of pollution prevention as a means of controlling exposures whenever practicable. EPA is also proposing to align DDCC requirements with the implementation of several OSHA standards, including the hazard communication (29 CFR 1910.1200) and general PPE requirements standards (29 CFR 1910.132), recognizing that OSHA has not set an exposure limit for inhalation or direct dermal exposure for NMP.</P>
                    <P>Within certain parameters outlined in this unit, DDCC requirements are non-prescriptive, in the sense that it does not require a specific control to prevent direct dermal contact. Rather, it would enable regulated entities to determine how to most effectively prevent direct dermal contact based on what works best for their workplace, in accordance with the hierarchy of controls. Each owner or operator of a workplace engaging in a condition of use for which DDCC requirements are proposed would be responsible for compliance with the DDCC requirements and recordkeeping.</P>
                    <P>As discussed briefly in Unit IV.A.1. and further in Unit V.A.1., EPA expects that many workplaces already have stringent controls in place that reduce dermal exposures to NMP; for some workplaces, EPA understands that these existing controls may already prevent or reduce direct dermal contact with NMP to the extent necessary to address the unreasonable risk.</P>
                    <P>
                        ii. 
                        <E T="03">Incorporation of the hierarchy of controls.</E>
                         EPA is proposing to require owners or operators to implement DDCC requirements in accordance with the hierarchy of controls and encourages the use of pollution prevention to control exposures whenever practicable. EPA recognizes that some owners or operators may have industrial hygiene practices already preventing direct dermal contact with NMP in the workplace. For example, the semiconductor sector has provided EPA 
                        <PRTPAGE P="51154"/>
                        with information about the exposure reduction measures in their facilities, which are aligned with industrial hygiene best practices to prevent direct dermal contact with NMP, similar to that EPA is proposing. For workplaces that cannot feasibly eliminate the source of NMP dermal exposure or replace NMP with a substitute, workplaces would have to use engineering and/or administrative controls to implement process changes to prevent direct dermal contact with NMP to the extent feasible. If an owner or operator chooses to replace NMP with a substitute, EPA recommends that they carefully review the available hazard and exposure information on the potential substitutes to avoid a regrettable substitution, including alternatives identified in the Alternatives Analysis, which is further described in Unit V.B. If an effort to identify and implement feasible exposure controls such as elimination, substitution, engineering controls and administrative controls is not sufficient to prevent direct dermal contact with NMP for potentially exposed persons in the workplace, EPA proposes to require each owner and operator to reduce to the extent practicable the potential for direct dermal contact with NMP in the workplace by these controls and to supplement these controls using PPE. Examples of engineering controls that may prevent or reduce the potential for direct dermal contact include automation, physical barriers between contaminated and clean work areas, enclosed transfer liquid lines (with purging mechanisms in place (
                        <E T="03">e.g.,</E>
                         nitrogen, aqueous) for operations such as product changes or cleaning), and design of tools (
                        <E T="03">e.g.,</E>
                         a closed-loop container system providing contact-free connection for unloading fresh and collecting spent solvents, pneumatic tools, tongs, funnels, glove bags, etc.). Examples of administrative controls that may prevent or reduce the potential for direct dermal contact include adjusting work practices (
                        <E T="03">i.e.,</E>
                         implementing policies and procedures) such as providing safe working distances from areas where direct handling of NMP may occur.
                    </P>
                    <P>
                        EPA requests comment on available approaches, specifically monitoring methods (
                        <E T="03">e.g.,</E>
                         charcoal patch testing) and frequency of sampling, to determine the effectiveness of engineering and administrative controls in preventing or reducing potential direct dermal contact to NMP. EPA also requests comment on whether requiring reporting on such monitoring could support enforcement and compliance assurance with this rulemaking.
                    </P>
                    <P>
                        EPA proposes to require that owners and operators document their implementation efforts and compliance with DDCC requirements in an exposure control plan or through any existing documentation of the facility's “Safety and Health Program” that may already be developed as part of meeting OSHA requirements or other safety and health standards (Ref. 35), 
                        <E T="03">as described in</E>
                         Unit IV.A.3.d.
                    </P>
                    <P>
                        iii. 
                        <E T="03">Restricted area.</E>
                         EPA is proposing to require that each owner or operator subject to a WCPP designate any area where direct dermal contact with NMP may occur (after considering elimination, substitution, engineering controls, and administrative controls) as a “restricted area.” This restricted area would be demarcated using administrative controls such as highly visible signifiers, in multiple languages as appropriate (
                        <E T="03">e.g.,</E>
                         based on languages spoken by potentially exposed persons who work in the restricted area), placed in conspicuous areas and documented through training and recordkeeping. EPA proposes to require that each owner or operator prevent access to the “restricted area” for any potentially exposed person that lacks proper training; is not wearing required PPE; or is otherwise unauthorized to enter. EPA requests comment on whether there should be general housekeeping or cleaning requirements in areas where the NMP is handled or where surfaces may be contaminated with NMP. EPA is also soliciting comment on requiring warning signs to demarcate restricted areas, similar to the requirements found in OSHA's General Industry Standard for Beryllium (29 CFR 1910.1024(m)(2)).
                    </P>
                    <HD SOURCE="HD3">c. Personal Protective Equipment (PPE) Program</HD>
                    <P>Where elimination, substitution, engineering controls, and administrative controls are not feasible or sufficient to fully prevent direct dermal contact with NMP, EPA is proposing to require implementation of a PPE program in alignment with OSHA's General Requirements for Personal Protective Equipment at 29 CFR 1910.132. In choosing appropriate PPE, owners and operators would be required to select gloves (which may require glove testing), clothing, and protective gear (which covers any exposed dermal area of arms, legs, torso, and face) based on specifications from the manufacturer or supplier that demonstrate an impervious barrier to NMP during expected durations of use and normal conditions of exposure within the workplace, accounting for potential chemical permeation or breakthrough times. Where respirators are prescribed, as described in Unit IV.A.4., EPA is proposing to require each owner or operator select respiratory protection in accordance with the guidelines described in this unit and 29 CFR 1910.134(a) through (l), except (d)(1)(iii) and (d)(3)(i)(B), for proper respirator use, maintenance, fit-testing, medical evaluation, and training.</P>
                    <P>Owners and operators would be required to select dermal PPE in accordance with provisions of 29 CFR 1910.132 and in alignment with the OSHA Hand Protection PPE Standard (29 CFR 1910.138); owners and operators would also be required to select dermal PPE based on an evaluation of the performance characteristics of the PPE relative to the task(s) to be performed, conditions present, and the duration of use. Further information related to choosing appropriate PPE, including specific examples of PPE types, can be found in appendix F of the Risk Evaluation (Ref. 1).</P>
                    <P>For example, owners and operators could select gloves that have been tested in accordance with the American Society for Testing Material (ASTM) F739 “Standard Test Method for Permeation of Liquids and Gases through Protective Clothing Materials under Conditions of Continuous Contact.” EPA is proposing that PPE be provided for use for a time period only to the extent and no longer than the time period for which testing has demonstrated that the PPE will be impermeable during expected durations of use and conditions of exposure. EPA is proposing to require that owners and operators also consider other factors when selecting appropriate PPE, including effectiveness of glove type when preventing exposures from NMP alone and in likely combination with other chemical substances used in the work area or when used with glove liners, permeation, degree of dexterity required to perform tasks, and temperature, as identified in the Hand Protection section of OSHA's Personal Protective Equipment Guidance and in alignment with the OSHA Hand Protection PPE Standard (29 CFR 1910.138), owners and operators would be required to select dermal PPE based on an evaluation of the performance characteristics of the PPE relative to the task(s) to be performed, conditions present, and the duration of use (Ref. 36).</P>
                    <P>
                        EPA is proposing that owners and operators would be required to establish, either through manufacturer or supplier-provided documentation or individually prepared third-party testing, that the selected PPE would be 
                        <PRTPAGE P="51155"/>
                        impervious for the expected duration and conditions of exposure by reporting cumulative permeation rate as a function of time (
                        <E T="03">e.g.,</E>
                         by using the suggested format presented in ASTM F1194, “Standard Guide for Documenting the Results of Chemical Permeation Testing of Materials Used in Protective Clothing,” or equivalent manufacturer- or supplier-provided testing). Owners and operators would also be required to consider likely combinations of chemical substances to which the clothing may be exposed in the work area when selecting the appropriate PPE such that the PPE will prevent direct dermal contact to NMP. EPA is proposing that PPE must be immediately provided and replaced if any person is dermally exposed to NMP longer than the breakthrough time period for which testing has demonstrated that the PPE will be impermeable or if there is a chemical permeation or breakage of the PPE.
                    </P>
                    <P>
                        Also consistent with 29 CFR 1910.132, owners and operators would be required to provide any person in the workplace with PPE and provide training on proper use (
                        <E T="03">e.g.,</E>
                         when and where PPE is necessary, proper application, wear, and removal of PPE, and maintenance, useful life and disposal of PPE) where the potential for direct dermal contact with NMP may exist. Owners and operators would also have to re-train any affected persons potentially exposed to direct dermal contact with NMP whenever the owner or operator has reason to believe that a previously trained person does not have the required understanding and skill to properly use PPE or when changes in the workplace, or in the PPE to be used, render the previous training obsolete.
                    </P>
                    <P>Additionally, EPA is proposing to require that owners and operators subject to this rulemaking comply with provisions of 29 CFR 1910.133(b) for requirements on selection and use of eye and face protection. Similarly, EPA is proposing to require that owners and operators subject to this rulemaking who would be required to administer a respiratory protection program do so with worksite-specific procedures and elements for required respirator use in accordance with 29 CFR 1910.134(a) through (l), except 29 CFR 1910.134(d)(1)(iii) and (d)(3)(i)(B), for proper respirator use, maintenance, fit-testing, medical evaluation, and training. While EPA does not propose that the WCPP for NMP proposed for the conditions of use listed earlier in this unit include respiratory protection requirements, EPA notes that the proposed prescriptive controls for conditions of use listed in Unit IV.A.4. would include respiratory protection. For respiratory PPE, EPA is proposing that the owner or operator must ensure that all cartridges and canisters used in the workplace are labeled and color coded with the NIOSH approval label and that the label is not removed and remains legible. 29 CFR 1910.134(d)(3)(iii), which EPA is proposing to cross-reference, requires either the use of respirators with an end-of-life service indicator certified by NIOSH for the contaminant, in this case NMP, or implementation of a change schedule for canisters and cartridges that ensures that they are changed before the end of their service life. EPA is requesting comment on whether there should be a requirement to replace cartridges or canisters after a certain number of hours, such as the requirements found in OSHA's General Industry Standard for 1,3-Butadiene (29 CFR 1910.1051(h)), or a requirement for a minimum service life of non-powered air-purifying respirators such as the requirements found in OSHA's General Industry Standard for Benzene (29 CFR 1910.1028(g)(3)(D)). Further information related to choosing appropriate respirators, including specific examples of respirator types, can be found in appendix F of the 2020 Risk Evaluation for NMP (Ref. 1).</P>
                    <P>EPA proposes to require that owners and operators document in the exposure control plan, or other documentation of the facility's safety and health program, information relevant to respiratory program, including records on the name, workplace address, work shift, job classification, work area, and type of respirator worn (if any) by each potentially exposed person, maintenance, and fit-testing, as described in 29 CFR 1910.134(f), and training in accordance with 29 CFR 1910.132(f) and 29 CFR 1910.134(k).</P>
                    <P>EPA is soliciting comments on the non-prescriptive proposed DDCC requirements for appropriate PPE selection, the effectiveness of PPE in preventing direct dermal contact with NMP in the workplace. EPA requests information on other potential dermal performance standards, and on general absorption and permeation effects to PPE as a result of direct contact. </P>
                    <P>In addition, EPA understands that some workplaces rinse and reuse PPE after minimal use and is therefore soliciting comments on the impact on effectiveness of rinsing and reusing certain types of PPE, either gloves or protective clothing and gear. EPA also requests comment on the degree to which additional guidance related to use of PPE might be appropriate, including specifying PPE type or additional standard testing specifications.</P>
                    <P>
                        EPA is also proposing that owners and operators retain records of the PPE that is used and program implementation. EPA proposes to require that owners and operators document in the exposure control plan, or other documentation of the facility's safety and health program, information relevant to any PPE program, as applicable, including: (A) the name, workplace address, work shift, job classification, and work area of each person reasonably likely to directly handle NMP or handle equipment or materials on which NMP may present and the type of PPE selected to be worn by each of these persons; (B) the basis for specific PPE selection (
                        <E T="03">e.g.,</E>
                         demonstration based on permeation testing or manufacturer specifications that each item of PPE selected provides an impervious barrier to prevent exposure during expected duration and conditions of exposure, including the likely combinations of chemical substances to which the PPE may be exposed in the work area); (C) appropriately sized PPE and training on proper application, wear, and removal of PPE, and proper care/disposal of PPE; (D) occurrence and duration of any direct dermal contact with NMP that occurs during any activity or malfunction at the workplace that causes direct dermal exposures to occur and/or glove breakthrough, and corrective actions to be taken during and immediately following that activity or malfunction to prevent direct dermal contact to NMP; and (E) training in accordance with 29 CFR 1910.132(f), including any re-training. EPA may require more, less, or different documentation in the final rule based on consideration of public comments.
                    </P>
                    <HD SOURCE="HD3">d. General WCPP Requirements</HD>
                    <P>
                        i. 
                        <E T="03">Exposure control plan.</E>
                         EPA proposes to require that owners and operators document their exposure control strategy and implementation in an exposure control plan or through adding EPA-required information to any existing documentation of the facility's safety and health program developed as part of meeting OSHA requirements or other safety and health standards. EPA proposes to require that each owner or operator document in the exposure control plan the following:
                    </P>
                    <P>
                        (A) Identification and rationale of exposure controls used or not used in the following sequence: elimination of NMP, substitution of NMP, engineering controls, and administrative controls to prevent or reduce direct dermal contact with NMP in the workplace;
                        <PRTPAGE P="51156"/>
                    </P>
                    <P>(B) The exposure controls selected based on feasibility, effectiveness, and other relevant considerations;</P>
                    <P>(C) If exposure controls were not selected, document the efforts identifying why these are not feasible, not effective, or otherwise not implemented;</P>
                    <P>(D) Actions taken to implement exposure controls selected, including proper installation, maintenance, training or other steps taken;</P>
                    <P>(E) Description of any restricted area and how it is demarcated, and identification of authorized persons; and description of when the owner or operator expects potential direct dermal contact exposures;</P>
                    <P>(F) Regular inspections, evaluations, and updating of the exposure controls to ensure effectiveness and confirmation that all persons are implementing them as required;</P>
                    <P>(G) Occurrence and duration of any start-up, shutdown, or malfunction of the facility that causes direct dermal contact with NMP and subsequent corrective actions taken during start-up, shutdown, or malfunctions to mitigate exposures to NMP; and</P>
                    <P>(H) Availability of the exposure control plan and associated records for potentially exposed persons.</P>
                    <P>
                        ii. 
                        <E T="03">Workplace information and training.</E>
                         EPA is also proposing to require implementation of a training program in alignment with the OSHA Hazard Communication Standard (29 CFR 1910.1200). To ensure that potentially exposed persons in the workplace are informed of the hazards associated with NMP exposure, EPA is proposing to require that owners or operators of workplaces subject to the WCPP institute a training and information program for potentially exposed persons and assure their participation in the training and information program. As part of the training and information program, the owner or operator would be required to provide information and comprehensive training in an understandable manner (
                        <E T="03">i.e.,</E>
                         plain language), considering factors such as the skills required to perform the work activity and the existing skill level of the staff performing the work, and in multiple languages as appropriate (
                        <E T="03">e.g.,</E>
                         based on languages spoken by potentially exposed persons) to potentially exposed persons. This information and training would have to be provided prior to or at the time of initial assignment to a job involving potential exposure to NMP. In alignment with the OSHA Hazard Communication Standard, owners and operators would be required to provide information and training to all potentially exposed persons that includes (A) the requirements of the NMP WCPP and how to access or obtain a copy of the requirements of the WCPP; (B) the quantity, location, manner of use, release, and storage of NMP and the specific operations in the workplace that could result in NMP exposure; (C) principles of safe use and handling of NMP in the workplace, including specific measures the owner or operator has implemented to prevent direct dermal contact with NMP, such as work practices and PPE used; (D) the methods and observations that may be used to detect the presence or release of NMP in the workplace (such as visual appearance or odor of NMP when being released, etc.); and (E) the health hazards associated with exposure with NMP. In addition to providing training at the time of initial assignment to a job involving potential exposure to NMP, and in alignment with the OSHA General Industry Standard for Beryllium (20 CFR 1910.1024), which includes an annual retraining provision, owners and operators subject to the NMP WCPP would be required to re-train each potentially exposed person annually to ensure they understand the principles of safe use and handling of NMP in the workplace. Owners and operators would also need to update the training as necessary whenever there are changes in the workplace, such as new tasks or modifications of tasks; in particular, whenever there are changes in the workplace that increase exposure to NMP or where potentially exposed persons' direct dermal contact exposure to NMP can reasonably be expected to occur. In alignment with the OSHA General Industry Standard for Methylene Chloride (29 CFR 1910.1052) owners and operators would need to retrain any exposed person if exposure to direct dermal contact of NMP, including vapor through skin exposure, occurs. To support compliance, EPA is proposing that each owner or operator of a workplace subject to the WCPP would be required to provide to the EPA, upon request, all available materials related to workplace information and training.
                    </P>
                    <P>
                        iii. 
                        <E T="03">Workplace participation.</E>
                         EPA encourages owners or operators to consult with potentially exposed persons on the development and implementation of exposure control plans and PPE. EPA is proposing to require owners or operators to provide potentially exposed persons, or their designated representatives, regular access to the exposure control plans and PPE program implementation and documentation. To ensure compliance in workplace participation, EPA is proposing that the owner or operator document the notice to and ability of any potentially exposed person to NMP direct dermal contact to readily access the exposure control plans, PPE program implementation, or any other information relevant to NMP exposure in the workplace. EPA is requesting comment on how owners and operators can engage with potentially exposed persons on the development and implementation of an exposure control plan and PPE program.
                    </P>
                    <P>
                        iv. 
                        <E T="03">Recordkeeping.</E>
                         To support and demonstrate compliance, EPA is proposing that each owner or operator of a workplace subject to WCPP retain compliance records for five years. EPA is proposing to require records to include:
                    </P>
                    <P>(A) the exposure control plan;</P>
                    <P>(B) PPE program implementation and documentation, including as necessary, respiratory protection and dermal protection used and related PPE training; and</P>
                    <P>(C) information and training provided to each person prior to or at the time of initial assignment and any re-training.</P>
                    <P>The owners and operators, upon request by EPA, would be required to make all records that are maintained as described in this unit available to EPA for examination and copying. All records required to be maintained by this unit could be kept in the most administratively convenient form (electronic or paper).</P>
                    <P>
                        v. 
                        <E T="03">Compliance timeframes.</E>
                         With regard to the compliance timeframe for those occupational conditions of use that are subject to WCPP requirements, EPA is proposing to require that each owner or operator of a workplace subject to WCPP establish the process outlined in this unit within 12 months of publication of the final rule in the 
                        <E T="04">Federal Register</E>
                         for the private sector, and within 36 months of publication of the final rule in the 
                        <E T="04">Federal Register</E>
                         for Federal agencies and Federal contractors acting for or on behalf of the Federal government. For the private sector, EPA has no reasonably available information indicating this proposed compliance date of 12 months is not practicable for WCPP requirements, or that additional time is needed. However, EPA is concerned about the ability of certain departments and agencies of the Federal Government, as well as Federal contractors acting for or on behalf of the Federal Government, to comply with these timeframes. The importance of NMP to mission-critical Department of Defense and National Aeronautics and Space Administration (NASA) operations and overall military 
                        <PRTPAGE P="51157"/>
                        readiness is discussed throughout this proposed rule, and detailed in Unit IV.A.6. While, for example, 29 CFR 1960 sets forth procedures and guidelines for ensuring that Federal workers are protected in comparable ways to their private sector counterparts, EPA believes that compliance with this proposed rulemaking would require increased and different preparations on the part of Federal agencies. For example, Federal agencies must follow procurement requirements which will likely result in increased compliance timelines. In addition, these requirements would require support in the Federal budget, which, for some agencies, is a multi-year process. Therefore, EPA is providing an additional two years for agencies of the Federal Government and their contractors, when acting for or on behalf of the Federal government, to comply with the WCPP.
                    </P>
                    <P>
                        EPA requests comment relative to the ability of owners or operators in the private sector to implement such processes within 12 months of publication of the final rule in the 
                        <E T="04">Federal Register,</E>
                         and anticipated timelines for any procedural adjustments needed to comply with the requirements outlined in this unit. EPA also requests comment on whether the additional two years provided for agencies of the Federal Government and their contractors, when acting for or on behalf of the Federal government, to comply with the WCPP, should be provided more broadly to all entities complying with the WCPP.
                    </P>
                    <P>EPA may finalize significantly shorter or longer compliance timeframes based on consideration of public comments.</P>
                    <HD SOURCE="HD3">4. Prescriptive Controls</HD>
                    <HD SOURCE="HD3">a. Overview</HD>
                    <P>In contrast to the proposed non-prescriptive requirements of DDCC where regulated entities would select controls in accordance with the hierarchy of controls to comply with the parameters outlined in this unit, EPA is proposing that it is appropriate in certain circumstances to require specific prescriptive controls for certain occupational conditions of use where preventing direct dermal contact through implementation of a WCPP or a prohibition may not be practicable. EPA's description for how these requirements would address the unreasonable risk and the rationale for this regulatory approach is outlined in Units III.B.3 and V.A.</P>
                    <P>In the 2020 Risk Evaluation for NMP, and supplemental occupational risk calculations EPA identified certain prescriptive controls, such as product reformulation to limit concentration of NMP in certain products that, in combination with PPE, would reduce exposures from NMP enough to address the unreasonable risk (Ref. 37). Therefore, EPA is proposing to require specific prescriptive controls for these occupational uses of NMP, as described in this unit. The following requirements would apply to the following conditions of use:</P>
                    <P>• A concentration of NMP no greater than 45% in formulated products, with requirements for appropriate dermal PPE, and any NIOSH Approved® air-purifying respirator equipped with organic vapor cartridges or canisters (minimum APF 10) for:</P>
                    <FP SOURCE="FP-1">—Processing—incorporation into articles in paint additives and coating additives in transportation equipment manufacturing;</FP>
                    <FP SOURCE="FP-1">—Industrial and commercial use in paints and coatings in lacquers, stains, varnishes, primers and floor finishes, and powder coatings in surface preparation;</FP>
                    <FP SOURCE="FP-1">—Industrial and commercial use in paint additives and coating additives in construction, fabricated metal product manufacturing, machinery manufacturing, other manufacturing, paint and coating manufacturing, primary metal manufacturing, transportation equipment manufacturing, wholesale and retail trade; and</FP>
                    <FP SOURCE="FP-1">—Industrial and commercial use in adhesives and sealants including binding agents, single component glues and adhesives, including lubricant adhesives and two component glues and adhesives including some resins.</FP>
                    <P>• A concentration of NMP no greater than 30% in formulated products, with requirements for appropriate dermal PPE, and any NIOSH Approved® air-purifying respirator equipped with organic vapor cartridges or canisters; any NIOSH Approved® powered air-purifying respirator equipped with NIOSH Approved® organic vapor cartridges; or any NIOSH Approved® continuous flow supplied air respirator equipped with a hood or helmet (minimum APF 25) for the industrial and commercial use in paints, coatings, and adhesive removers.</P>
                    <P>• A concentration of NMP no greater than 5% with requirements for appropriate dermal PPE for the industrial and commercial use in ink, toner, and colorant products in printer ink.</P>
                    <P>• A concentration of NMP no greater than 1% with requirements for appropriate dermal PPE for the industrial and commercial use in soldering materials.</P>
                    <P>This unit describes proposed requirements for concentration (or weight fraction) limits, appropriate dermal PPE, and respirator types with additional requirements proposed for recordkeeping. This unit also describes compliance timeframes for these proposed requirements.</P>
                    <HD SOURCE="HD3">b. Concentration Limits for Industrial and Commercial Uses</HD>
                    <P>EPA is proposing to prohibit the import, processing, distribution in commerce, or use of the NMP-containing products for the conditions of use listed in this unit with a concentration greater than those listed for each condition of use. Specifically, EPA proposes that processors, or product formulators, would not be permitted to formulate products for the conditions of use listed in in this unit with a concentration of NMP greater than specified in this unit. Similarly, importers of formulated products would be prohibited from importing products for the conditions of use listed in this unit with a concentration of NMP greater than specified in this unit. Entities distributing in commerce products containing NMP would be prohibited from distributing any products for the conditions of use listed in this unit with a concentration of NMP greater than specified in this unit.</P>
                    <HD SOURCE="HD3">c. Workplace Requirements</HD>
                    <P>To reduce exposures in the workplace and address the unreasonable risk of injury to health from NMP identified for the occupational uses listed in this unit, EPA is proposing both a concentration limit requirement and PPE requirement. Each owner or operator of a workplace who imports, processes, or industrially and commercially uses NMP under the conditions of use listed in this unit would be responsible for compliance with the requirements outlined in this unit. Specifically, concentrations of NMP in products used for the conditions of use listed in this unit would not be permitted to exceed the listed concentrations, and owners or operators would be responsible for ensuring requirements for the specified PPE and PPE program laid out in Unit IV.A.3.c. are met.</P>
                    <P>
                        EPA is proposing to require appropriate dermal PPE, including impermeable gloves and protective clothing, in combination with comprehensive training for tasks with NMP. In selecting and providing appropriate dermal PPE and providing PPE training, owners and operators 
                        <PRTPAGE P="51158"/>
                        would be required to follow the PPE program and dermal protection requirements laid out in Unit IV.A.3.c. Unlike DDCC, this proposed provision would not require owners and operators to use elimination, substitution, engineering controls, and administrative controls, prior to relying on PPE, as a means of controlling exposures in accordance with the hierarchy of controls. EPA encourages owners and operators to consider the hierarchy of controls, but is only proposing to require specific respiratory PPE for several of the conditions of use listed in this unit, in combination with comprehensive training for tasks with NMP. In providing the specified respirators and training, owners and operators would be required to administer a respiratory protection program with worksite-specific procedures and elements for required respirator use in accordance with 29 CFR 1910.134(a) through (l), except 29 CFR 1910.134(d)(1)(iii) and (d)(3)(i)(B), for proper respirator use, maintenance, fit-testing, medical evaluation, and training. EPA is proposing that the owner or operator must ensure that all cartridges, and canisters used in the workplace are labeled and color coded with the NIOSH approval label and that the label is not removed and remains legible. 29 CFR 1910.134(d)(3)(iii), which EPA is proposing to cross-reference, requires either the use of respirators with an end-of-life service indicator certified by NIOSH for the contaminant, in this case NMP, or implementation of a change schedule for canisters and cartridges that ensures that they are changed before the end of their service life. EPA is requesting comment on whether there should be a requirement to replace cartridges or canisters after a certain number of hours, such as the requirements found in OSHA's General Industry Standard for 1,3-Butadiene (29 CFR 1910.1051(h)), or a requirement for a minimum service life of non-powered air-purifying respirators such as the requirements found in OSHA's General Industry Standard for Benzene (29 CFR 1910.1028(g)(3)(D)). Owners and operators would also be required to follow the PPE program laid out in Unit IV.A.3.c.
                    </P>
                    <HD SOURCE="HD3">d. Recordkeeping</HD>
                    <P>To support and demonstrate compliance, EPA is proposing that each owner or operator of a workplace that would be subject to the prescriptive controls described in this unit (including product formulators) retain compliance records for five years. EPA is proposing to require records to include:</P>
                    <P>(1) Documentation identifying implementation of and compliance with the concentration limits described in this unit;</P>
                    <P>(2) Dermal protection used by each potentially exposed person, as described in this unit;</P>
                    <P>(3) Respiratory protection used by each potentially exposed person, as described in this unit; and</P>
                    <P>(4) PPE program implementation.</P>
                    <P>
                        The owners and operators, upon request by EPA, would be required to make all records that are maintained as described in this unit available to EPA for examination and copying in accordance with EPA requirements. All records required to be maintained by this unit could be kept in the most administratively convenient form (electronic or paper). EPA is requesting public comment on whether additional documentation should be required to further support compliance and enforceability of the proposed regulatory requirements (
                        <E T="03">e.g.,</E>
                         requirements for labels or SDS identifying percent of NMP within a product, or downstream notification of these proposed requirements for concentration limits and PPE, or other information that would be made available to industrial and commercial users to indicate compliance with the concentration limits).
                    </P>
                    <HD SOURCE="HD3">e. Compliance Timeframes</HD>
                    <P>EPA is proposing to stagger the compliance dates for the proposed prescriptive controls described in this unit, such that the requirements would come into effect in 12 months for importers, 15 months for processors, 18 months for distributing to retailers, 21 months for all other distributors (including retailers), 24 months for industrial and commercial users after the publication date of the final rule. When proposing these compliance dates as required under TSCA section 6(d), EPA considered irreversible health effects and risks associated with NMP exposure. EPA has no reasonably available information indicating that the proposed compliance dates are not practicable for the activities that would be impacted, or that additional time is needed for product reformulation and PPE training. However, EPA requests comment on whether additional time is needed, other concentrations are required, or if there are available substitutes for this application. As discussed in Unit IV.A.1, EPA recognizes that recent proposed rulemakings under TSCA section 6(a) have received public comments requesting longer compliance timeframes. For NMP, EPA believes that the proposed compliance timeframes for the prescriptive controls described in this unit may present fewer compliance challenges than those described by commenters on other rules. For example, for NMP, it may be more feasible to more rapidly reformulate products containing NMP or to institute workplace controls to prevent direct dermal contact (in contrast to the challenges of reducing inhalation exposures). EPA may finalize significantly shorter or longer compliance timeframes based on consideration of public comments.</P>
                    <HD SOURCE="HD3">5. Concentration Limits on NMP in Products for Consumer Use in Adhesives and Sealants in Glues and Adhesives, Including Lubricant Adhesives</HD>
                    <P>In the 2020 Risk Evaluation, EPA determined that consumer use of NMP in adhesives and sealants in glues and adhesives, including lubricant adhesives and sealants contributes to the unreasonable risk from NMP, due to risk of injury to health of consumers (Ref. 1). To address the unreasonable risk to consumers, EPA is proposing to require that import, processing, and distribution in commerce (including by retailers) of NMP and formulated NMP-containing products intended for consumer use in adhesives and sealants in glues and adhesives, including lubricant adhesives and sealants be limited to a concentration of NMP no greater than 45%.</P>
                    <P>
                        As discussed in Units III.B.3. and V.A., based on consideration of the severity of the hazards of NMP in conjunction with the limited options available to address the identified unreasonable risk to consumers under TSCA section 6(a), EPA is proposing this concentration limit, supported by additional modeling using the methodology of the 2020 Risk Evaluation for NMP (Ref. 38). EPA is requesting public comment on whether additional documentation should be required to further support compliance and enforceability of the proposed regulatory requirements (
                        <E T="03">e.g.,</E>
                         requirements for labels identifying the percent of NMP within a product or downstream notification of these proposed requirements for concentration limits).
                    </P>
                    <P>
                        Similar to the other compliance timeframes described in this unit, EPA is proposing to stagger the compliance dates for the proposed concentration limits described in this unit, such that the requirements would come into effect in 12 months for importers, 15 months 
                        <PRTPAGE P="51159"/>
                        for processors, 18 months for distributing to retailers, 21 months for all other distributors (including retailers) after the publication date of the final rule. When proposing these compliance dates as required under TSCA section 6(d), EPA considered irreversible health effects and risks associated with NMP exposure. EPA has no reasonably available information indicating that the proposed compliance dates are not practicable for the activities that would be impacted, or that additional time is needed for product reformulation. However, EPA requests comment on whether additional time is needed, other concentrations are required, or if there are available substitutes for this application. EPA may finalize significantly shorter or longer compliance timeframes based on consideration of public comments.
                    </P>
                    <HD SOURCE="HD3">6. Mission- or Safety-Critical Uses of NMP by DOD and NASA</HD>
                    <HD SOURCE="HD3">a. Overview</HD>
                    <P>For two conditions of use for which EPA is proposing prescriptive controls, EPA is aware of specific mission- or safety-critical uses for which the concentration limits EPA is proposing would negatively impact DOD and NASA, and for which technically and economically feasible safer alternatives that benefit health or the environment are not available. Based on the considerations described in this unit and Unit V.A.1.c.iii., and in accordance with TSCA section 6(c)(2), EPA is proposing that the WCPP be allowed for use of NMP at high concentrations by DOD, NASA, or their contractors within the following conditions of use:</P>
                    <P>• Industrial and commercial use in paints, coatings, and adhesive removers; and</P>
                    <P>• Industrial and commercial use in paints and coatings in lacquers, stains, varnishes, primers and floor finishes, and powder coatings in surface preparation.</P>
                    <P>For the reasons detailed in Unit V.A.1.c.iii., EPA is restricting the applicability of the WCPP for industrial and commercial use of high concentrations of NMP in paint, coating, and adhesive removal and paints and coatings. EPA is proposing that the conditions under which the WCPP could apply for this use would be: (1) the use of NMP for paints and coatings at a concentration greater than 45% and for paint, coating, and adhesive removers at a concentration greater than 30% by DOD, NASA, or their contractor(s) performing this work only for Federal agency projects would be limited to the mission-critical components on government-operated aerospace vehicles, vessels, and military weapons systems, including mission- or safety-critical components; (2) The use of NMP for paints and coatings at a concentration greater than 45% and for paint, coating, and adhesive removal at a concentration greater than 30% would have to be conducted at Federal installations, at Federal industrial facilities, or at Federal contractor facilities performing paint or coating work, or paint, coating, or adhesive removal work only for DOD and NASA projects; (3) any of the previously listed Federal agencies or their contractors who use NMP in paints and coatings at a concentration greater than 45% or for paint, coating, or adhesive removal at a concentration greater than 30% must comply with the WCPP requirements described in Unit IV.A.3., and (4) DOD, NASA, or their contractors who use NMP in paints and coatings at a concentration greater than 45%, or for paint, coating, or adhesive removal at a concentration greater than 30% must provide a certification of their compliance with the conditions of this use.</P>
                    <HD SOURCE="HD3">b. Self-Certification Requirements</HD>
                    <P>To ensure that any products that exceed the concentration limits that EPA has identified as necessary for addressing the unreasonable risk for other industrial and commercial users do not become available for widespread commercial use, EPA is proposing to require DOD, NASA, or their contractors who use NMP in paints and coatings at a concentration greater than 45%, or for paint, coating, or adhesive removal at a concentration greater than 30% must provide a certification of their compliance with the conditions of the applicability of the WCPP for this use. Specifically, each entity must provide a self-certification describing: (1) their status as either DOD or NASA, or a contractor to DOD or NASA; and (2) their implementation of and compliance with the WCPP to purchase and use NMP-containing products that exceed the concentration limits for other industrial and commercial users described in this unit.</P>
                    <P>EPA is proposing the following self-certification statement:</P>
                    <EXTRACT>
                        <P>I certify each of the following statements under penalty of law. This document was prepared under my direction and supervision. The facility in which this product will be used is a Federal installation, a Federal industrial facility, or a Federal contractor facility performing paint or coating work, or paint, coating, or adhesive removal work for DOD and NASA projects. This facility's implementation of the Workplace Chemical Protection Program (WCPP) for NMP was evaluated by qualified personnel and that this facility has implemented and complies with the WCPP for NMP. Based on my inquiry of the person or persons who manage the facility and/or those persons directly responsible for implementing the NMP WCPP, and to the best of my knowledge and belief, the facility is implementing the NMP WCPP, including the exposure control plan and other proper documentation of the actions taken is available at the facility upon request. I am aware that there are significant penalties, including the possibility of civil penalties for failing to comply with these requirements and criminal penalties, including fines and imprisonment, for knowingly failing to comply with these requirements. I understand that this certification shall serve as a certification that this facility will properly implement and comply with the WCPP for NMP consistent with the applicable regulatory timelines.</P>
                    </EXTRACT>
                    <P>EPA realizes that some facilities may not engage in the NMP uses listed in this unit at the time this proposed rule is finalized. Owners or operators that may wish to purchase NMP after publication of the final rule would still be required to submit the self-certification statement to the distributor from whom NMP was initially purchased to purchase NMP, including certifying that the facility for which NMP is being purchased will implement and comply with the WCPP. EPA is also proposing that distributors review the self-certification statement to ensure it is appropriately completed to include the owner or operator's and the facility's information, as outlined in this unit. EPA is also proposing to require distributors of NMP to retain invoices, including the name of the facility purchasing NMP, name of the owner or operator who is self-certifying, date of sale, and quantity of NMP purchased. EPA is proposing that the distributors and owners or operators maintain and retain the self-certification statement and related invoices(s) in the most administratively convenient form (electronic or paper) and retain the statement(s) and supporting documentation for five years.</P>
                    <HD SOURCE="HD3">c. Recordkeeping and Downstream Notification</HD>
                    <P>
                        EPA recognizes that for DOD, NASA, or their contractors performing work for their projects to use paints and coatings and paint, coating, and adhesive removers containing NMP at concentrations greater than those proposed for other industrial and commercial use, the upstream processing (or formulation) and distribution in commerce of those products should also be allowed to 
                        <PRTPAGE P="51160"/>
                        continue. For these reasons, EPA proposes that processing and distributing in commerce NMP for paints and coatings at a concentration greater than 45%; and for paint, coating, and adhesive removal at a concentration greater than 30% would adhere to the following conditions: (1) Entities processing NMP for paints and coatings at a concentration greater than 45% or for paint, coating, and adhesive removal at a concentration greater than 30% must comply with the WCPP requirements described in Unit IV.A.3.; (2) Entities processing or distributing NMP for paints and coatings at a concentration greater than 45% or for paint, coating, and adhesive removal at a concentration greater than 30% must provide downstream notification of the restrictions on use of these products by adding the following language to sections 1(c) and 15 of the SDS:
                    </P>
                    <EXTRACT>
                        <P>
                            After [DATE 18 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                            <E T="04">FEDERAL REGISTER</E>
                            ] this chemical/product cannot be distributed in commerce to retailers for any use. After [DATE 21 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                            <E T="04">FEDERAL REGISTER</E>
                            ], this chemical/product is and can only be distributed in commerce or processed for the following purposes: paints and coatings or paint, coating, or adhesive removal by the Department of Defense (DOD), the National Aeronautics and Space Administration (NASA), or their contractors, at Federal installations, Federal industrial facilities, or at Federal contractor facilities performing work only for DOD and/or NASA projects.
                        </P>
                    </EXTRACT>
                    <FP>and (3) Entities processing or distributing these products in commerce would be required to provide a label that meets the requirements outlined in IV.A.2. that provides similar language to the SDS:</FP>
                    <EXTRACT>
                        <P>This product contains n-methylpyrrolidone (NMP), a chemical determined by the Environmental Protection Agency to present unreasonable risk of injury to health under of the Section 6 of the Toxic Substances Control Act, based on developmental and reproductive effects. This product containing NMP is restricted for use under 40 CFR part 751, subpart C. This product is restricted for sale and can only be used by the Department of Defense (DOD), the National Aeronautics and Space Administration (NASA), or their contractors, at Federal installations, Federal industrial facilities, or at Federal contractor facilities performing work only for DOD and NASA projects.</P>
                    </EXTRACT>
                    <P>These entities would be subject to the proposed general recordkeeping requirements discussed in Unit IV.A.7., the WCPP recordkeeping requirements discussed in Unit IV.A.3.d.iv., and requirements to maintain records that demonstrate compliance with these requirements.</P>
                    <P>EPA requests comments on all aspects of the proposed applicability of the WCPP to these narrowly described uses of higher concentration NMP in paint, coating, and adhesive removal and paints and coatings. EPA also requests comment on whether entities other than DOD, NASA or its contractors also require high concentration NMP and, if so, the extent to which lack of availability of high concentration NMP could impact their operations or pose potential challenges to the supply chain. Finally, EPA is requesting comment on whether EPA should also require reporting to EPA during purchasing of NMP for these specific uses by DOD, NASA, or their contractors and if requiring reporting could support of enforcement and compliance assurance with this rulemaking by further assuring that distribution of these high concentration NMP products for these uses is limited to DOD, NASA, and their contractors, and if such requirements would impose significant administrative burdens in addition compliance with the WCPP.</P>
                    <HD SOURCE="HD3">7. Other Requirements</HD>
                    <HD SOURCE="HD3">a. Recordkeeping</HD>
                    <P>
                        In addition to the recordkeeping requirements for the WCPP and prescriptive controls outlined in this unit, for conditions of use that would not otherwise be prohibited under this proposed regulation, EPA is also proposing that manufacturers, processors, distributors, and commercial users maintain ordinary business records, such as invoices and bills-of-lading, that demonstrate compliance with the prohibitions, restrictions, and other provisions of this proposed regulation and maintain such records for a period of 5 years from the date the record is generated. EPA is proposing that this requirement begin at the effective date of the rulemaking (60 days following publication of the final rule in the 
                        <E T="04">Federal Register</E>
                        ). Recordkeeping requirements would ensure that owners or operators can demonstrate compliance with the regulations if necessary. EPA may require more, less, or different documentation in the final rule based on consideration of public comments.
                    </P>
                    <HD SOURCE="HD3">b. Downstream Notification</HD>
                    <P>For conditions of use that would not otherwise be prohibited under this proposed regulation, EPA is proposing that manufacturers (including importers), processors, and distributors, excluding retailers, of NMP and NMP-containing products provide downstream notification of the prohibitions through the SDS required by OSHA under 29 CFR 1910.1200(g) by adding the following language to sections 1(c) and 15 of the SDS:</P>
                    <EXTRACT>
                        <P>
                            AFTER [DATE 21 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                            <E T="04">FEDERAL REGISTER</E>
                            ], this chemical/product cannot be distributed in commerce or processed with a concentration of NMP greater than 0.1% by weight for the following purposes: Processing incorporation into articles in lubricants and lubricant additives in machinery manufacturing; Industrial and commercial use in anti-freeze and de-icing products, automotive care products, and lubricants and greases; Industrial and commercial use in metal products not covered elsewhere and lubricant and lubricant additives including hydrophilic coatings; Industrial and commercial use in cleaning and degreasing, and cleaning and furniture care products, including wood cleaners and gasket removers; and Industrial and commercial uses in fertilizer and other agricultural chemical manufacturing-processing aids and solvents.
                        </P>
                    </EXTRACT>
                    <P>The intention of downstream notification is to spread awareness throughout the supply chain of the restrictions on NMP under TSCA and to provide information to commercial end users about allowable uses of NMP.</P>
                    <P>To provide adequate time to update the SDS and ensure that all products in the supply chain include the revised SDS, EPA is proposing a 2-month period for manufacturers and a 6-month period for processors and distributers, excluding retailers, to implement the proposed SDS changes following publication of the final rule.</P>
                    <P>EPA requests comments on the appropriateness of identified compliance timeframes for recordkeeping and downstream notification requirements described in this unit.</P>
                    <HD SOURCE="HD2">B. Primary Alternative Regulatory Action</HD>
                    <P>As indicated by TSCA section 6(c)(2)(A)(iv)(II) through (III), EPA must consider and publish a statement based on reasonably available information with respect to the reasonably ascertainable economic consequences of the rule, including consideration of the costs and benefits and the cost effectiveness of the proposed regulatory action and one or more primary alternative regulatory actions considered by the Agency. This unit includes a description of the primary alternative regulatory action considered by the Agency. An overview of the proposed regulatory action and alternative regulatory action for each condition of use is in Unit IV.C.</P>
                    <P>
                        The primary alternative regulatory action described in this document and 
                        <PRTPAGE P="51161"/>
                        considered by EPA combines a WCPP and prescriptive controls to address the unreasonable risk from NMP. While in some ways it is similar to the proposed regulatory action, the primary alternative regulatory action described in this document differs from the proposed regulatory action by providing for a WCPP, including DDCC, for some conditions of use that would be prohibited or have prescriptive controls under the proposed regulatory action. Additionally, the primary alternative regulatory action considered includes the prohibition of one industrial and commercial use and the manufacturing, processing, and distribution in commerce for one consumer use, all of which would be required to have prescriptive controls under the proposed regulatory action. The primary alternative regulatory action would not include restrictions on the container size of consumer products that may feasibly be used for commercial purposes.
                    </P>
                    <P>The primary alternative regulatory action also includes longer compliance timeframes for implementation of WCPP and prescriptive controls, as described in this unit. EPA requests comment on this alternative regulatory action and whether any elements of this alternative regulatory action described in this unit should be considered as EPA develops the final regulatory action. EPA also requests comment on any advantages or drawbacks for the timelines outlined in this unit compared to the timelines identified for the proposed regulatory action in Unit IV.A.</P>
                    <HD SOURCE="HD3">1. WCPP</HD>
                    <P>The primary alternative regulatory action described in this document includes a WCPP, including DDCC, for the following conditions of use:</P>
                    <P>• Manufacturing (domestic manufacturing);</P>
                    <P>• Manufacturing (import);</P>
                    <P>• Processing as a reactant or intermediate in plastic material and resin manufacturing and other non-incorporative processing;</P>
                    <P>• Processing incorporation into a formulation, mixture or reaction product in multiple industrial sectors;</P>
                    <P>• Processing incorporation into articles as a solvent (which becomes part of a product formulation or mixture) including in textiles, apparel and leather manufacturing;</P>
                    <P>• Processing incorporation into articles in other sectors, including in plastic product manufacturing;</P>
                    <P>• Processing incorporation into articles in lubricants and lubricant additives in machinery manufacturing;</P>
                    <P>• Processing incorporation into articles in paint additives and coating additives in transportation equipment manufacturing;</P>
                    <P>• Processing repackaging in wholesale and retail trade;</P>
                    <P>• Processing in recycling;</P>
                    <P>• Disposal;</P>
                    <P>• Industrial and commercial use in paints, coatings, and adhesive removers;</P>
                    <P>• Industrial and commercial use in paints and coatings in lacquers, stains, varnishes, primers and floor finishes, and powder coatings in surface preparation;</P>
                    <P>• Industrial and commercial use in paint additives and coating additives in computer and electronic product manufacturing in electronic parts manufacturing;</P>
                    <P>• Industrial and commercial use in paint additives and coating additives in computer and electronic product manufacturing in semiconductor manufacturing;</P>
                    <P>• Industrial and commercial use in paint additives and coating additives in construction, fabricated metal product manufacturing, machinery manufacturing, other manufacturing, paint and coating manufacturing, primary metal manufacturing, transportation equipment manufacturing, wholesale and retail trade;</P>
                    <P>• Industrial and commercial use as a solvent (for cleaning or degreasing) in electrical equipment, appliance and component manufacturing;</P>
                    <P>• Industrial and commercial use as a solvent (for cleaning or degreasing) in electrical equipment, appliance and component manufacturing for use in semiconductor manufacturing;</P>
                    <P>• Industrial and commercial use in ink, toner, and colorant products in printer ink;</P>
                    <P>• Industrial and commercial use in processing aids, specific to petroleum production in petrochemical manufacturing in oil and gas drilling, extraction and support activities, and in functional fluids (close systems);</P>
                    <P>• Industrial and commercial use in soldering materials;</P>
                    <P>• Industrial and commercial use in anti-freeze and de-icing products, automotive care products, and lubricants and greases;</P>
                    <P>• Industrial and commercial use in metal products not covered elsewhere and lubricant and lubricant additives including hydrophilic coatings;</P>
                    <P>• Industrial and commercial use in laboratory chemicals;</P>
                    <P>• Industrial and commercial uses in lithium ion battery manufacturing;</P>
                    <P>• Industrial and commercial use in cleaning and degreasing, and cleaning and furniture care products, including wood cleaners and gasket removers; and</P>
                    <P>• Industrial and commercial uses in fertilizer and other agricultural chemical manufacturing-processing aids and solvents.</P>
                    <P>As described in Unit V.A., EPA proposed prohibiting or requiring prescriptive controls for some uses, and WCPP requirements for the other conditions of use, because of uncertainties regarding:</P>
                    <P>(i) The feasibility of implementing workplace safety control measures in open systems or when worker activities require manual application or removal of NMP or NMP-containing products;</P>
                    <P>(ii) availability of alternatives; or (iii) whether the use is ongoing or phased out. In this unit, EPA describes considerations for the primary alternative regulatory action. EPA requests comment on the ways in which NMP may be used in these conditions of use, including whether activities may take place in a closed system and the degree to which users of NMP in these sectors could successfully implement a WCPP (including DDCC) and ancillary requirements described in Unit IV.A. EPA is also requesting comment on whether any of the uses listed in this unit should be prohibited instead of a WCPP, or if there are other factors like reduced concentration limits or limited access that could address the unreasonable risk.</P>
                    <P>
                        Under the primary alternative regulatory action, the WCPP would take effect 6 months later than under the proposed regulatory action. Regulated entities would be required to implement the WCPP requirements as described in Unit.IV.A.2. within 18 months after date of publication of the final rule in the 
                        <E T="04">Federal Register.</E>
                         EPA requests comment on any advantages or drawbacks for the timelines outlined in this unit compared to the timelines identified for the proposed regulatory action in Unit IV.A.
                    </P>
                    <P>
                        As noted in this unit, for some conditions of use, both the proposed regulatory action and primary alternative regulatory action would result in the condition of use falling under the NMP WCPP. EPA emphasizes that for those conditions of use, the primary alternative regulatory action includes a different timeline for implementation of the WCPP, in comparison to the proposed regulatory action. As discussed in more detail in Unit V.A., for those conditions of use, EPA also considered other regulatory approaches available under TSCA section 6(a). However, EPA found that none of these other regulatory 
                        <PRTPAGE P="51162"/>
                        approaches would address the unreasonable risk.
                    </P>
                    <P>Where EPA has determined that a chemical substance presents unreasonable risk under TSCA section 6(b)(4), EPA must undertake rulemaking to “apply one or more of the [TSCA section 6(a)(1) through (7)] requirements to such substance . . . to the extent necessary so that the chemical substance . . . no longer presents such risk.” TSCA section 6(a). “In proposing and promulgating [such] a rule,” EPA must “consider and publish a statement based on reasonably available information with respect to . . . the reasonably ascertainable economic consequences of the rule, including consideration of . . . (II) the costs and benefits of the proposed . . . regulatory action and of the [one] or more primary alternative regulatory actions considered by [EPA]; and (III) the cost effectiveness of the proposed regulatory action and of the [one] or more primary alternative regulatory actions considered by [EPA].” EPA interprets this to mean that Congress intended this “primary alternative regulatory action” to be another regulatory option under TSCA section 6(a)(1) through (7) that would meet the requirements of TSCA section 6(a) and address the unreasonable risk identified under TSCA section 6(b)(4) “to the extent necessary so that the chemical substance . . . no longer presents such risk.” Here, the proposed regulatory action is comprised of a mix of proposed options under TSCA section 6(a), each directed at specific conditions of use and with specified timeframes for compliance. The primary alternative regulatory options considered by the Agency would adjust the overall mix of TSCA section 6(a) requirements, including compliance timeframes, resulting in a proposed regulatory action that is more restrictive in some ways and less restrictive in others. For conditions of use where both the proposed option and the primary alternative regulatory option are both variations of the NMP WCPP, the options are distinct because implementing the WCPP on differing timetables under TSCA section 6(d) would result in a different mix of regulatory options with different costs, benefits, and cost effectiveness than the proposed regulatory action.</P>
                    <HD SOURCE="HD3">2. Prohibition</HD>
                    <P>The primary alternative regulatory action considered by EPA and described in this document would prohibit the manufacturing, processing, and distribution in commerce, and use for the industrial and commercial use and prohibit the manufacture, processing, and distribution of NMP for consumer use for the following conditions of use:</P>
                    <P>• Industrial and commercial use in adhesives and sealants including binding agents, single component glues and adhesives, including lubricant adhesives and two component glues and adhesives including some resins; and</P>
                    <P>• Consumer use in adhesives and sealants in glues and adhesives, including lubricant adhesives and sealants.</P>
                    <P>As discussed in Units III.B.3. and V.A., based on consideration of the severity of the hazards of NMP in conjunction with the limited options available to adequately address the identified unreasonable risk to consumers under TSCA section 6(a), EPA is proposing to address the contributions to the unreasonable risk from the consumer use in adhesives and sealants in glues and adhesives, including lubricant adhesives and sealants, by prohibiting the manufacturing (including import), processing, and distribution in commerce of NMP for this consumer use, and upstream industrial and commercial use to remove NMP and these products containing NMP from the market, thereby eliminating this consumer use. The alternative regulatory action differs from the proposed regulatory action in that, under the alternative regulatory action, EPA would prohibit the use of NMP in the conditions of use listed in this unit, rather than the proposed action to limit the concentration of NMP in the formulations for these uses and require PPE in the industrial and commercial use.</P>
                    <P>
                        Regarding compliance timeframes, the alternative regulatory action for a prohibition of the uses described in this unit would follow the compliance timeframe for the proposed regulatory actions for a prohibition. Under the alternative action, compliance dates for the prohibition would be staggered such that the prohibitions would come into effect in 12 months for manufacturers, 15 months for processers, 18 months for distributing to retailers, 21 months for all other distributors (including retailers), and 24 months for industrial and commercial users after the publication date of the final rule in the 
                        <E T="04">Federal Register</E>
                        . With regard to the compliance timeframe for the prohibitions on manufacturing, processing, and distribution in commerce for consumer use, under the alternative regulatory action, prohibitions as described in this unit would take effect in 12 months for manufacturers, 15 months for processors, 18 months for distributing to retailers and 21 months for all other distributors (including retailers) after the publication date of the final rule.
                    </P>
                    <HD SOURCE="HD2">C. Overview of Conditions of Use and Proposed Regulatory Action and Alternative Regulatory Action</HD>
                    <P>Table 1 presents a side-by-side summary of the proposed regulatory action and the primary alternative regulatory action for each condition of use. The purpose of this table is to succinctly convey to the public the major differences between the proposed regulatory action and the alternative regulatory action; as such the actions in each column are truncated and do not reflect all the details of the proposed and alternative regulatory actions, including differences in timeframes. The proposed and alternative regulatory actions are described more fully in Units IV.A. and B.</P>
                    <GPOTABLE COLS="3" OPTS="L2,nj,i1" CDEF="s150,r50,r50">
                        <TTITLE>Table 1—Overview of Proposed Regulatory Action and Alternative Regulatory Action by Conditions of Use</TTITLE>
                        <BOXHD>
                            <CHED H="1">Condition of use</CHED>
                            <CHED H="2">Subcategory</CHED>
                            <CHED H="1">Action</CHED>
                            <CHED H="2">Proposed regulatory action</CHED>
                            <CHED H="2">Primary alternative action</CHED>
                        </BOXHD>
                        <ROW>
                            <ENT I="01">Domestic manufacture</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Import</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Processing as a reactant/intermediate in plastic material and resin manufacturing and other non-incorporative processing</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01" O="xl">Processing incorporation into formulation, mixture or reaction products in multiple industrial sectors, including, but not limited to:</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">• Adhesives and sealant chemicals in adhesive manufacturing;</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="51163"/>
                            <ENT I="03" O="xl">• Anti-adhesive agents in printing and related support activities;</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">• Paint additives and coating additives in paint and coating manufacturing; and print ink manufacturing;</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">• Processing aids not otherwise listed in plastic material and resin manufacturing;</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">• Solvents (for cleaning or degreasing) in non-metallic mineral product manufacturing; machinery manufacturing; plastic material and resin manufacturing; primary metal manufacturing; soap, cleaning compound and toilet preparation manufacturing; transportation equipment manufacturing; all other chemical product and preparation manufacturing; printing and related support activities; services; wholesale and retail trade;</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">• Surface active agents in soap, cleaning compound and toilet preparation manufacturing;</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">• Plating agents and surface treating agents in fabricated metal product manufacturing;</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">• Solvents (which become part of product formulation or mixture) in electrical equipment, appliance and component manufacturing; other manufacturing; paint and coating manufacturing; print ink manufacturing; soap, cleaning compound and toilet preparation manufacturing; transportation equipment manufacturing; all other chemical product and preparation manufacturing; printing and related support activities; wholesale and retail trade;</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="03" O="xl">• In oil and gas drilling, extraction and support activities; plastic material and resin manufacturing; services.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Processing incorporation into articles in lubricants and lubricant additives in machinery manufacturing</ENT>
                            <ENT>Prohibition</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Processing incorporation into articles in paint additives and coating additives in transportation equipment manufacturing</ENT>
                            <ENT>Prescriptive controls (45% CL+PPE)</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Processing incorporation into articles as a solvent (which become part of product formulation or mixture), including in textiles, apparel and leather manufacturing</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Processing incorporation into articles in other sectors, including in plastic product manufacturing</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Processing by repackaging in wholesale and retail trade</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Processing by recycling</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use in paints, coatings, and other adhesive removers</ENT>
                            <ENT>
                                Prescriptive controls 
                                <SU>1</SU>
                                 (30% CL+PPE)
                            </ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use in paints and coatings in lacquers, stains, varnishes, primers and floor finishes, and powder coatings in surface preparation</ENT>
                            <ENT>
                                Prescriptive controls 
                                <SU>2</SU>
                                 (45% CL+PPE)
                            </ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use in paint additives and coating additives in computer and electronic product manufacturing in electronic parts manufacturing</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use in paint additives and coating additives in computer and electronic product manufacturing in semiconductor manufacturing</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use in paint additives and coating additives in construction, fabricated metal product manufacturing, machinery manufacturing, other manufacturing, paint and coating manufacturing, primary metal manufacturing, transportation equipment manufacturing, wholesale and retail trade</ENT>
                            <ENT>Prescriptive controls (45% CL+PPE)</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use as a solvent (for cleaning or degreasing) in electrical equipment, appliance and component manufacturing</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use as a solvent (for cleaning or degreasing) in electrical equipment appliance and component manufacturing in semiconductor manufacturing</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use in ink, toner, and colorant products in printer ink and inks in writing equipment</ENT>
                            <ENT>Prescriptive controls (5% CL+PPE)</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use in processing aids, specific to petroleum production in petrochemical manufacturing, in oil and gas drilling, extraction and support activities, and in functional fluids (closed systems)</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use in adhesives and sealants including binding agents, single component glues and adhesives, including lubricant adhesives and two-component glues and adhesives including some resins</ENT>
                            <ENT>Prescriptive controls (45% CL+PPE)</ENT>
                            <ENT>Prohibition.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use in soldering materials</ENT>
                            <ENT>Prescriptive controls (1% CL+PPE)</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use in anti-freeze and de-icing products, automotive care products, and lubricants and greases</ENT>
                            <ENT>Prohibition</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use in metal products not covered elsewhere, and lubricant and lubricant additives including hydrophilic coatings</ENT>
                            <ENT>Prohibition</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use in laboratory chemicals</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use in lithium ion battery manufacturing</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Industrial and commercial use in cleaning and degreasing, and cleaning and furniture care products, including wood cleaners and gasket removers</ENT>
                            <ENT>Prohibition</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <PRTPAGE P="51164"/>
                            <ENT I="01">Industrial and commercial use in fertilizer and other agricultural chemical manufacturing, processing aids and solvents</ENT>
                            <ENT>Prohibition</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Consumer use in paint and coating removers</ENT>
                            <ENT>
                                16 ounce container limit 
                                <SU>5</SU>
                                 + labeling
                            </ENT>
                            <ENT>
                                Would not be regulated.
                                <SU>4</SU>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Consumer use in adhesive removers</ENT>
                            <ENT>
                                16 ounce container limit 
                                <SU>5</SU>
                                 + labeling
                            </ENT>
                            <ENT>
                                Would not be regulated.
                                <SU>4</SU>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Consumer use in paints and coatings in lacquers, stains, varnishes, primers and floor finishes</ENT>
                            <ENT>
                                16 ounce container limit 
                                <SU>5</SU>
                                 + labeling
                            </ENT>
                            <ENT>
                                Would not be regulated.
                                <SU>4</SU>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Consumer use in paint additives and coating additives in paints and arts and crafts paints</ENT>
                            <ENT>
                                16 ounce container limit 
                                <SU>5</SU>
                                 + labeling
                            </ENT>
                            <ENT>
                                Would not be regulated.
                                <SU>4</SU>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Consumer use in adhesives and sealants in glues and adhesives, including lubricant adhesives</ENT>
                            <ENT>
                                Concentration Limit (45% CL) 
                                <SU>6</SU>
                            </ENT>
                            <ENT>
                                Prohibition.
                                <SU>3</SU>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Consumer use in automotive care products</ENT>
                            <ENT>
                                16 ounce container limit 
                                <SU>5</SU>
                                 + labeling
                            </ENT>
                            <ENT>
                                Would not be regulated.
                                <SU>4</SU>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Consumer use in cleaning and furniture care products, including wood cleaners and gasket removers</ENT>
                            <ENT>
                                16 ounce container limit 
                                <SU>5</SU>
                                 + labeling
                            </ENT>
                            <ENT>
                                Would not be regulated.
                                <SU>4</SU>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Consumer use in lubricant and lubricant additives, including hydrophilic coatings</ENT>
                            <ENT>
                                16 ounce (1 pint) container limit 
                                <SU>5</SU>
                                 + labeling
                            </ENT>
                            <ENT>
                                Would not be regulated.
                                <SU>4</SU>
                            </ENT>
                        </ROW>
                        <ROW>
                            <ENT I="01">Disposal</ENT>
                            <ENT>NMP WCPP</ENT>
                            <ENT>NMP WCPP.</ENT>
                        </ROW>
                        <TNOTE>
                            <SU>1</SU>
                             WCPP is the proposed regulatory action for the industrial and commercial use in paint, coating, and adhesive removers for specific mission- or safety-critical uses by DOD, NASA, and their contractors.
                        </TNOTE>
                        <TNOTE>
                            <SU>2</SU>
                             WCPP is the proposed regulatory action for the industrial and commercial use in paints and coatings in lacquers, stains, varnishes, primers and floor finishes, and powder coatings in surface preparation for specific mission- or safety-critical uses by DOD, NASA, and their contractors.
                        </TNOTE>
                        <TNOTE>
                            <SU>3</SU>
                             Prohibit manufacture, processing, and distribution in commerce for the consumer use.
                        </TNOTE>
                        <TNOTE>
                            <SU>4</SU>
                             There is no primary alternative action for the consumer uses that do not contribute to the unreasonable risk because similar commercial uses would not be prohibited; rather, the primary alternative action for the commercial uses would be WCPP.
                        </TNOTE>
                        <TNOTE>
                            <SU>5</SU>
                             Proposed container size restrictions are intended to prevent diversion of consumer products to commercial users.
                        </TNOTE>
                        <TNOTE>
                            <SU>6</SU>
                             This is the only condition of use for consumers that contributes to the unreasonable risk from NMP.
                        </TNOTE>
                    </GPOTABLE>
                    <HD SOURCE="HD1">V. Rationale for the Proposed Regulatory Action and Alternative Regulatory Action</HD>
                    <P>This unit describes how the considerations described in Unit III.B.3. were applied when selecting among the TSCA section 6(a) requirements to arrive at the proposed and alternative regulatory actions described in Unit IV.</P>
                    <HD SOURCE="HD2">A. Consideration of Risk Management Requirements Available Under TSCA Section 6(a)</HD>
                    <HD SOURCE="HD3">1. Proposed Regulatory Action</HD>
                    <HD SOURCE="HD3">a. Prohibition</HD>
                    <P>EPA considered a prohibition as a regulatory option and is proposing it for certain conditions of use listed in Unit IV.A.1.a. Prohibition is the preferred option for occupational conditions of use where greater uncertainty exists relative to a sector's ability to comply with provisions of the proposed NMP WCPP, such as DDCC applications. This includes uncertainty regarding certain chemical users' ability to prevent direct dermal contact with NMP, in particular during use in open-systems or when worker activities require manual application or removal of NMP or a product containing NMP through rags, aerosols, spray applications, roll applicators, fingers, hands, or other materials. For example, the processing of NMP in lubricants and lubricant additives in machinery manufacturing includes the use of NMP in metal finishing operations. Depending on the type of substrate being prepared, this can include dip or immersion, spray, roll, or brush application. While some application methods may be automated, the extent of automated application versus use in an open sector with handheld and manual operations is unknown. EPA has received information from DOD about mission- or safety-critical uses of NMP at high concentrations in hot dip-tank cleaning, and the ability of DOD and its contractors to successfully implement the WCPP for hot dip-tank application of NMP for cleaning and coating removal (see Unit V.A.1.c.iii for more detail on this use). As described in Unit IV.A.6., EPA is proposing to require those owners and operators comply with a WCPP rather than a prohibition. However, as described in Unit IV.A.6., EPA is restricting the applicability of the use of high concentrations of NMP for paint, coating, and adhesive removal to DOD, NASA, and their contractors due to the exposure controls that DOD, NASA, and their contractors have in place, specifically for dip application.</P>
                    <P>
                        While EPA has received some information from stakeholders regarding what may be a similar use of NMP, EPA does not have sufficient certainty that existing exposure controls by entities outside of DOD, NASA, or their contractors could successfully apply the WCPP for high concentrations of NMP in dip application such that the unreasonable risk is addressed. Specifically, EPA considered information from a stakeholder who described their use of NMP in industrial cleaning through soaking parts directly in NMP tanks (Ref. 39). Depending on the details of the dip application of NMP, this use may be considered industrial and commercial use of NMP in paint, coating, or adhesive removers; or industrial and commercial use of NMP in cleaning and degreasing. EPA notes that the 2020 Risk Evaluation for NMP identified three distinct occupational applications for NMP-containing cleaning products, including aerosol degreasing, dip degreasing and cleaning products, and wipe and spray-applied cleaning products. This stakeholder identified engineering controls including piped fill/drain systems, closed tank and exhaust, and other measures to reduce potential exposure to NMP including minimum operator time at the tank, employee training, and PPE recommended by an industrial hygienist. While EPA believes that this type of operation could successfully implement the NMP WCPP 
                        <PRTPAGE P="51165"/>
                        with formulations with a high concentration of NMP, EPA has significant uncertainty regarding the extent to which these strict workplace controls, including prevention of direct dermal contact, are applied during all other cleaning and degreasing dip-tank applications. EPA is requesting comment on the workplace protection measures or exposure reduction measures typically applied during dip application of NMP, particularly dip degreasing and cleaning in hot or cold dip-tank immersion cleaning and degreasing, and dip application of NMP for adhesive, paint, or coating removal. EPA also requests comment on the typical tasks expected during hot and cold dip cleaning or coating removal operations, including manual or automated opening and closing of the dip tank, cleaning and maintenance, the use of new or repurposed vapor degreasing machines for immersion cleaning, or any other dip-tank or immersion cleaning and degreasing activities. EPA is interested in comments on the ability of users of high concentrations of NMP in dip applications to successfully implement a WCPP, the availability of alternative chemicals, and impacts of prohibiting NMP for the hot or cold dip-tank cleaning, degreasing, or removal of adhesives, paints, or coatings. Additionally, EPA requests comment on the number of firms who utilize hot or cold dip NMP for cleaning, degreasing, or removal of adhesives, paints, and coatings, the frequency of dip applications, and size of the dip vessel. EPA also requests comment on the types of engineering controls and any PPE use by firms who use NMP in hot or cold dip applications.
                    </P>
                    <P>Similarly, EPA's uncertainties include the challenges related to PPE protection, which are discussed in more detail in Unit V.A.1.b., and which include how PPE may present vision problems, or cause communication problems, worker fatigue, and reduced work efficiency (63 FR 1152, January 8, 1998) as well as consideration for that fact that not all workers may be able to wear PPE. Prohibition is the preferred option for occupational conditions of use where reasonably available information suggests minimal ongoing use or when feasible safer alternatives are reasonably available. The uncertainties related to whether users under certain conditions of use could comply with the requirements of an NMP WCPP, combined with the severity of the risks of NMP, the prevalence of alternative processes and products (Unit V.B.), and in some cases reasonably available information indicating a use is no longer ongoing (Refs. 4, 5), has led EPA to propose prohibitions for several industrial and commercial uses, and the upstream manufacturing (including import), processing, and distribution in commerce for those uses.</P>
                    <P>For example, EPA expects that for the use of NMP in fertilizers, compliance with the WCPP would present challenges and notes that alternatives have been identified for NMP. Therefore, EPA is proposing to prohibit this use of NMP. EPA's proposed prohibition of this condition of use is based on the uncertainties the agency has regarding the full nature and extent of the exposures and variety of work practices related to fertilizer use, and notes that the agency's concerns that implementing the WCPP or other strict workplace controls combined with the availability of alternatives leads to the proposed prohibition. In the primary alternative regulatory action, EPA has identified WCPP for this condition of use, and, as explained in more detail in Unit V.A.2, notes that, in some cases, regulated entities may be able to undertake more extensive risk reduction measures than EPA currently anticipates. EPA requests comment and supporting information on how NMP is used in the agricultural sector, including whether there are any other application types (such as aerosol application) besides liquid product containing NMP blended with solid fertilizer pellets. EPA requests comment on the degree to which entities using NMP in fertilizer manufacture or application may comply with the proposed WCPP requirements or similar stringent workplace controls for other conditions of use of NMP. EPA also requests comment on the workplace safety protocols in place during application, including expected exposure reductions during the use of NMP in fertilizer mixing and application, current engineering controls used, PPE usage and any standard hazard warnings or instructions in place. EPA requests comment on its conclusion that alternatives are available for NMP in all significant agricultural uses. Specifically, EPA requests comments on whether there are alternatives to NMP for solvents used in the production of fertilizers, as well as alternatives to the use of NMP to reduce the volatility of advanced fertilizer products by keeping nitrogen from volatilizing into the atmosphere before it can be absorbed into the soil. EPA also requests comment regarding the number of businesses and other entities that could potentially close as well as associated costs with a prohibition of NMP for the industrial and commercial conditions of use identified in Unit IV.A.1.a.</P>
                    <P>EPA determined prohibition would not be suitable for the remaining occupational conditions of use, such as processing as a reactant or intermediate in plastic material and resin manufacturing and other non-incorporative processing and several types of processing incorporation into a formulation, mixture, or reaction product; and industrial and commercial uses as a paint and coating additives in multiple applications or as a solvent, particularly for electronic component manufacturing applications, as a processing aid in petrochemical manufacturing, and as a laboratory chemical. EPA made this determination based on compelling reasons to not prohibit the activity and identification of a regulatory approach that would address the unreasonable risk. For example, prohibition may not be suitable for conditions of use that may have critical or essential uses for which no technologically and economically feasible safer alternative is available, or where EPA identified strict workplace controls could be implemented for these uses to address the unreasonable risk, as described in Unit IV.A.3.</P>
                    <P>Additionally, prohibition may not be suitable for conditions of use where alternative substances to NMP are at least as hazardous, in particular for other solvents undergoing risk evaluation and risk management under TSCA section 6. For example, methylene chloride is also in risk management under TSCA section 6 and has been determined to present unreasonable risk of injury to health. For industrial and commercial use in laboratory chemicals, NMP and methylene chloride are both used as a solvent although they are not drop-in substitutes for each other. In selecting among the TSCA section 6(a) requirements for the proposed approach for the use in laboratory chemicals, EPA considered whether technically and economically feasible alternatives that benefit health or the environment will be reasonably available as a substitute.</P>
                    <P>Given the severity of the risks identified in the 2020 Risk Evaluation for NMP, EPA proposes that prohibiting manufacture (including import), processing, and distribution in commerce of NMP for the industrial and commercial uses listed in Unit IV.A.1.a. is reasonable and necessary to eliminate the unreasonable risk of NMP.</P>
                    <P>
                        To support implementation of the proposed prohibitions and restrictions, EPA also considered, and is proposing, 
                        <PRTPAGE P="51166"/>
                        a de minimis level for products containing NMP to account for impurities that do not contribute to the unreasonable risk. EPA recognizes that the ability to test whether a product or entity would be regulated or not, by using a de minimis level, is beneficial and valuable to the regulated community.
                    </P>
                    <P>EPA recognizes the importance of the OSHA Hazard Communication Standard (29 CFR 1910.1200), which sets a 0.1% de minimis level for chemicals that are carcinogens, and a limitation of 1% for chemicals that are not carcinogenic. As a matter of risk management policy, EPA believes that the widespread awareness by industrial and commercial workplaces of the de minimis levels in the OSHA Hazard Communication Standard would generally support successful implementation of the level EPA has identified. EPA notes that while NMP is not carcinogenic, EPA considered that it is identified as a substance of very high concern by the European Chemicals Agency and that Article 33(1) of the REACH Regulation details that businesses are only required to report when their products contain substances of very high concern that exceed 0.1% (Ref. 40). While NMP is not carcinogenic, this indicates a need for a de minimis level for NMP that would be lower than 1% under the OSHA Hazard Communication Standard.</P>
                    <P>EPA conducted an analysis using the methodology in the 2020 Risk Evaluation for NMP to estimate whether there is a weight fraction of NMP in products below which the most conservative use, applied through chronic application at the high-end exposure estimate of those products, respectively, and at various air concentrations would not contribute to the unreasonable risk from NMP (Ref. 41). EPA examined the supplemental analysis and found that an NMP concentration of 0.1% would achieve exposure concentrations that do not contribute to unreasonable risk up to an air concentration of 30 mg/m3. EPA also recognizes that an NMP concentration of 0.1% or less is likely to indicate an unintentional impurity in a product rather than a functional ingredient.</P>
                    <P>
                        Based on these analyses, and to be protective of human health while also aligning with national and international regulations, EPA is proposing a de minimis level of 0.1%. As a result, EPA is proposing to exclude from prohibition and restrictions products containing NMP at or less than 0.1% by weight, as described in Unit IV.A. EPA has identified uncertainties with a concentration limit of 0.1% addressing the unreasonable risk. For example, the expected air concentration (as a time weighted average) may less accurately estimate inhalation exposures from some applications where exposures may differ from those predicted by the model (
                        <E T="03">e.g.,</E>
                         as a result of higher NMP application rate or decreased ventilation). However, a concentration limit of 0.1% provides a margin of error to account for the uncertainties associated with the exposure model. EPA is requesting comment on the de minimis concentration limit of NMP in products or formulations. EPA emphasizes the agency's interest in aligning to the extent possible with the de minimis thresholds in the OSHA Hazard Communication Standard, while also noting that additional analytical work was conducted for NMP. EPA requests comment on whether de minimis thresholds should be proposed consistent with national and international regulations, or whether there may be instances where chemical-specific analyses is appropriate. Details of the proposed prohibitions and restrictions are described in more detail in Unit IV.A.
                    </P>
                    <HD SOURCE="HD3">b. Container Size Restrictions</HD>
                    <P>Some products in the Chemical Use Report were identified as intended for both commercial and consumer use. The 2020 Risk Evaluation for NMP incorporated these products into the occupational and consumer exposure scenarios, and EPA has determined that the industrial and commercial use contributes to the unreasonable risk for NMP due to worker exposure, while the consumer use of similar products does not contribute to the unreasonable risk (Ref. 1). In the 2020 Risk Evaluation for NMP, EPA considered currently available consumer products and their expected applications and evaluated exposures for consumers based on completion of a single project on a given day. EPA requests comment on if there are any NMP-containing consumer products that may require a more frequent or multiple day application, and if so, should EPA require additional restrictions for consumer products.</P>
                    <P>
                        While EPA is not proposing to regulate the manufacture, processing, or distribution in commerce of these consumer products to address risks from the consumer use of such products, these consumer products are similar in composition and purpose to the commercial products that EPA does propose to prohibit and restrict. Therefore, EPA is also proposing regulations to prevent the consumer products that will remain available in the market from being diverted for commercial purposes. To reduce the potential of commercial users (
                        <E T="03">e.g.,</E>
                         workers) accessing NMP-containing consumer products for use in any commercial conditions of use, EPA is proposing to prohibit importing, processing (
                        <E T="03">e.g.,</E>
                         repackaging) and distribution—including to and by retailers—of NMP and NMP-containing products in containers larger than 16 ounces for the uses listed in Unit IV.A.2. EPA believes that limiting containers to typical consumer product sizes that would be inefficient for commercial use would prevent commercial purchase and use of these products. Consumer use is expected to result in acute exposures from a one-time use (resulting only in acute exposure and effects), while commercial use is expected to include repeated exposure from frequent use (resulting in acute and chronic exposure and effects). EPA believes that commercial users would be dissuaded from using consumer products if the container sizes are limited. Instead, potential commercial users would more likely select an alternative product, since it would be impractical to purchase the large number of smaller containers necessary for commercial use. EPA requests comment on the potential impacts to consumers and the consumer use of these products from a container size requirement.
                    </P>
                    <P>
                        EPA is also requesting comment on whether, rather than a container size restriction requirement, a maximum concentration limit for products containing NMP be required instead. EPA is aware of a range of concentrations of NMP in consumer products on the market (Ref. 1). If products in this range of concentrations of NMP were used in an occupational setting, they would contribute to the unreasonable risk from NMP (Ref. 2). EPA requests comment on the typical or effective concentration of NMP in the following consumer products: paint and coating removers, adhesive removers, paints and coatings, paint additives and coating additives in arts and crafts paint, automotive care products, cleaning and furniture care products, and lubricant and lubricant additives, and whether a maximum concentration of NMP could be identified that would allow the product to continue to be efficacious for consumer use, but that would not exceed the concentrations EPA has identified in Unit IV.A.1.e. for addressing the contribution of these types of products to unreasonable risk for workers.
                        <PRTPAGE P="51167"/>
                    </P>
                    <HD SOURCE="HD3">c. WCPP</HD>
                    <P>Regarding industrial, commercial, and consumer uses of NMP, TSCA section 6(a)(2) provides EPA with the authority to prohibit or otherwise restrict the manufacture (including import), processing, or distribution in commerce of a substance or mixture “for a particular use” to ensure that a chemical substance no longer presents unreasonable risk. For this rule, EPA proposes that “for a particular use” includes industrial, commercial, and consumer uses more broadly, which encompasses all known, intended, and reasonably foreseen uses of NMP. Given the severity and ubiquitous nature of the risks identified in the 2020 Risk Evaluation for NMP for all industrial and commercial uses evaluated, and noting that those conditions of use evaluated in the Risk Evaluation encompass all known, intended, and reasonably foreseen uses of NMP, EPA proposes establishing requirements for an NMP WCPP for all occupational conditions of use except for those conditions of use which would be prohibited or subject to prescriptive controls. An NMP WCPP would include a combination of requirements to the extent necessary to address unreasonable risk driven by direct dermal exposures in the workplace. An NMP WCPP would encompass restrictions all occupational conditions of use except those which would be prohibited or subject to prescriptive controls, and could include provisions for a DDCC, and ancillary requirements to support implementation of these restrictions. While the NMP WCPP includes stringent requirements that would be necessary to address the unreasonable risk from NMP, EPA identified a relatively large number of conditions of use where the Agency expected, based on reasonably available information, an NMP WCPP could be successfully implemented because the dermal exposures can be more effectively controlled across this broad range of facilities engaging in a relatively large number of conditions of use.</P>
                    <P>
                        i. 
                        <E T="03">DDCC requirements.</E>
                         For occupational conditions of use not otherwise proposed to be prohibited or subject to prescriptive controls, including but not limited to those listed in Unit IV.A.3., EPA considered including a requirement for DDCC in the NMP WCPP. DDCC, under the NMP WCPP, would be a process-based requirement to prevent direct dermal contact in the workplace by separating, distancing, physically removing, or isolating potentially exposed persons from direct handling of NMP or from contact with equipment or materials on which NMP may exist under routine conditions. DDCC is non-prescriptive, in the sense that it would not require a specific control to prevent direct dermal contact. Rather, DDCC would enable regulated entities to determine how to most effectively separate, distance, physically remove, or isolate potentially exposed persons from direct dermal contact with NMP based on what works best for their workplace, in accordance with the hierarchy of controls. In deciding whether DDCC would appropriately address the unreasonable risk driven by dermal exposures, EPA considered factors related to work activities that may make it difficult to eliminate direct dermal contact. Examples include work activities that may take place in open systems that require manual handling of NMP, such as application or removal of NMP or an NMP-containing product through rags, aerosols, spray guns, roll applicators, fingers, hands, or other materials or work activities that require a high range of motion or for some other reason create challenges for the implementation of dermal PPE.
                    </P>
                    <P>EPA also considered whether exposures could be reduced in a manner aligned with the hierarchy of controls and considered the type of PPE that would be needed under the NMP WCPP to prevent direct dermal contact if elimination, substitution, engineering controls, and administrative controls are not sufficient to prevent direct dermal contact. The 2020 Risk Evaluation for NMP describes expected exposures with and without use of PPE; even if chemically resistant gloves are used in combination with basic workplace training and specific activity training for tasks where dermal exposure can be expected to occur, EPA found that dermal exposures would continue to pose risk concerns for most conditions of use. However, the 2020 Risk Evaluation for NMP identifies several uncertainties regarding the dermal exposures modeled. For example, the 2020 Risk Evaluation for NMP does not consider the frequency, type, and effectiveness of gloves or other types of PPE used or specific workplaces. In addition, the 2020 Risk Evaluation for NMP does not specify the specific activity training beyond procedure for glove removal and disposal (Ref. 1).</P>
                    <P>In consideration of the 2020 Risk Evaluation for NMP, including the uncertainties, EPA has preliminarily determined that preventing direct dermal contact to NMP through DDCC requirements, including requirements to reduce exposures in a manner aligned with the hierarchy of controls, workplace specific training, and, if necessary, dermal PPE which covers any exposed skin (including hands, legs, torso, and face), and PPE training, as described in Unit IV.A.3., for certain occupational conditions of use would address the contributions to unreasonable risk from dermal exposures from these conditions of use for potentially exposed persons.</P>
                    <P>
                        ii. 
                        <E T="03">NMP WCPP.</E>
                         Taking into account these considerations, EPA is proposing that occupational conditions of use other than those proposed to be prohibited or subject to prescriptive controls (as listed in Units IV.A.1 and 4), including those listed in Unit IV.A.3., would be allowed to continue if regulated entities could ensure direct dermal contact is prevented, and other requirements are met in the NMP WCPP. In contrast to considerations indicating that it is unlikely that facilities within a condition of use could successfully implement WCPP, there are certain considerations that indicate that facilities engaging in a condition of use would likely be able to achieve effective risk management via WCPP. Based on reasonably available information, including monitoring data (Ref. 42), process descriptions, and information related to considerations described previously in this unit, EPA's confidence that requirements to prevent direct dermal contact can be implemented is highest in highly standardized and industrialized settings, such as where NMP is used in a closed system. For example, one of the conditions of use for which EPA is proposing a WCPP is processing of NMP as a reactant or intermediate in plastic and resin manufacturing and other non-incorporative processing. NMP use and exposure information submitted by industry indicates that controls may already be in place at some workplaces to prevent or reduce direct dermal contact with NMP, including enclosed transfer liquid lines, processing equipment, other engineering and administrative controls, and chemically resistant gloves (Ref. 43).
                    </P>
                    <P>
                        Another set of conditions of use for which EPA is proposing the WCPP is the industrial and commercial use of NMP in paint additives and coating additives and as a solvent (for cleaning or degreasing) in computer and electronic product manufacturing in semiconductor manufacturing and the industrial and commercial use of NMP in lithium ion battery manufacturing. EPA understands that most workplaces using NMP in semiconductor manufacturing and lithium ion battery manufacturing already have stringent 
                        <PRTPAGE P="51168"/>
                        controls in place that reduce workplace exposures. As described in public comments and through engagement with the Semiconductor Industry Association (SIA), the Lithium Ion Cell Manufacturers' Coalition (LICMC), and individual companies, these manufacturing facilities use NMP in frequent, closed processes, where it does not present opportunity for human exposure and where NMP is completely removed from the final product (Refs. 42, 44). Semiconductor manufacturing stakeholders have described how, upon delivery by tote or tank truck at refineries, NMP is directly injected from a tote into a closed processing unit or transferred from a truck into a storage tank that is directly hooked up for direct injection in a closed system. Transfer procedures of NMP are performed pursuant to comprehensive written procedures under strict PPE guidelines including, when appropriate, respirators. Information submitted by SIA indicates that worker exposure is limited to chemical unloading and transfer procedures (Ref. 42). Information submitted by LICMC indicates that their members manufacturing facilities use engineering controls like automatic mixers, closed system piping and ventilation, and where direct contact with NMP is possible workers are provided powered air purifying respirators (APF 1000) with particulate/organic vapor cartridge, and NMP resistant gloves and boots, and other PPE as necessary including Tyvek suits, face shields, splash goggles, and latex inner gloves (Ref. 44).
                    </P>
                    <P>While EPA understands that it is likely that the frequency and duration of exposure to NMP at semiconductor manufacturing facilities may be less than what was assumed in the risk evaluation, as described in this unit, EPA does not have any dermal monitoring data to confirm that NMP exposures are below the level modeled in the 2020 Risk Evaluation. Based on analysis in the 2020 Risk Evaluation for NMP describing expected exposures with and without use of PPE, EPA identified that even with direct dermal contact, PPE would not be sufficient to mitigate the unreasonable risk driven by dermal exposure from this condition of use. However, based on information received for this condition of use and reasonably available information, EPA believes that controls may already be in place to prevent or reduce direct dermal contact with NMP, such as using NMP in a closed system to limit exposures and implementing comprehensive written procedures with added PPE during transfer procedures.</P>
                    <P>For both of these conditions of use (processing as a reactant or intermediate in plastic and resin manufacturing and other non-incorporative processing and industrial and commercial use in semiconductor manufacturing), in the 2022 revised risk determination, EPA determined that exposures to workers drove the unreasonable risk, but exposures to ONUs did not. ONUs include supervisors, managers, and other employees that may be in the production areas but do not perform tasks that result in direct dermal contact with liquids. Additionally, the risk calculation results between worker unreasonable risk and ONU no unreasonable risk were significantly different. This suggests that, for these conditions of use, owners or operators must prevent direct dermal exposure to address the unreasonable risk, even though ONUs are not expected to be at the exposure source like workers. This information, together with other considerations previously described indicating stringent controls may already be in place, adds to EPA's confidence that facilities engaging in these two conditions of use could meet, and may in fact already be meeting, the WCPP requirements.</P>
                    <P>For NMP to be available for the downstream industrial and commercial uses that would continue under an NMP WCPP, it would need to be manufactured (including imported), processed, and distributed in commerce. Likewise, as long as NMP remains in use, it must also be disposed of. Therefore, EPA is proposing requirements to meet an NMP WCPP for manufacture (including import), certain processing conditions of use, and disposal, to allow for a continued supply chain for specified conditions of use while ensuring that workers are not subject to unreasonable risk from NMP as it moves throughout the supply chain.</P>
                    <P>Details of the proposed NMP WCPP, including DDCC, required implementation measures, requirements for demonstrating compliance and requirements for distributors, are described in more detail in Unit IV.A.3.</P>
                    <P>
                        iii. 
                        <E T="03">Mission- or safety-critical uses of NMP by DOD and NASA.</E>
                         As described earlier in Unit IV.A.6., EPA is aware of specific mission- or safety-critical uses for which the concentration limits EPA is proposing would negatively impact DOD and NASA. EPA is proposing that the WCPP be allowed for use of NMP at high concentrations by DOD, NASA, or their contractors within two conditions of use. DOD and NASA have identified mission-critical uses for NMP in paints, coatings, and adhesive removal as well as in paints and coatings for ensuring readiness of aviation, including human-rated space vehicle hardware, and military vessels (Refs. 45). Based on reasonably available information to EPA, there are no technically and economically feasible alternatives to these products with high concentrations of NMP that benefit health or the environment. These uses are important to the military readiness of DOD's warfighting capability and the functionality paramount to ensuring national security. These uses are also important to NASA's space projects. Based on the existence of the current exposure reduction methods and EPA's expectation that DOD, NASA, and their contractors can comply with the WCPP for NMP in a way that addresses unreasonable risk, EPA is proposing WCPP with narrow applicability for these uses.
                    </P>
                    <P>Regarding paint, coating, and adhesive removal, DOD has identified no alternatives for the use of products containing high concentrations of NMP for the removal of coatings from mission-critical corrosion-sensitive components on military aviation and vessels, including mission- or safety-critical components made of specialty metallic, nonmetallic, and composite materials. Similarly, NASA has identified mission-critical NMP-containing products that are integral to de-processing and necessary for removing a variety of coatings from various flight hardware and avionic components, without which mission risk would be increased. For both DOD and NASA, the NMP-containing products used are higher than the 30% concentration limits EPA is proposing as part of the prescriptive controls described in Unit IV.A.4. EPA has identified products for this use containing up to 70% NMP (Ref. 1) and DOD and NASA may use pure (neat) NMP for their mission-critical processes. Additionally, NMP has been used to meet required levels of performance of certified component parts by long-standing design and function specifications that are incorporated into contracts of a complex supply chain.</P>
                    <P>
                        While EPA is not proposing to prohibit the industrial and commercial use of NMP for removal of paints, coatings, and adhesives, EPA is proposing to limit the concentration of NMP in those products to no more than 30% as described in Unit IV.A.4. This would result in impacts to aircraft and military vessels for military missions and space exploration. A concentration of 30% NMP may not be effective enough or capable of removing paints, 
                        <PRTPAGE P="51169"/>
                        coatings, or adhesives on specialized equipment or parts. In many instances, only a highly concentrated amount of NMP would be capable of successfully performing this function. As an example, NMP and products containing a high concentration of NMP are used to break down and remove materials such as cured epoxies and thermoset resins from components that would be damaged by other means. This type of operation is conducted to refurbish and reuse delicate electronic components and, more critically, to deconstruct failed hardware to allow examination for root cause analysis. Failure analysis must be conducted to collect data needed to determine potential risks to hardware that relies on the failed component and to inform vehicle architecture and hardware design efforts. Information available to EPA indicates that, for NASA, using NMP often is the only way to break down these materials without also damaging the substrate used by NASA. EPA is not aware of similar uses of such high concentration of NMP by entities outside the Federal government.
                    </P>
                    <P>DOD and NASA have described the equipment they use for the coating removal application, and the differences between their coating removal operations and the brush-on or pour-over methods used for coating removal through other commercial or consumer products. DOD has described how the temperature, pH, and other constituents of the solution used in what is described as a hot dip-tank create hazards, separate from NMP, which are managed in DOD or contractor facilities through separation and dedicated ventilation of the tanks (and, secondarily, worker PPE). Based on the existence of the current exposure reduction methods and EPA's expectation that DOD, NASA, and their contractors can comply with the WCPP for NMP in a way that addresses unreasonable risk, EPA is proposing WCPP with narrow applicability for these uses. Information available to EPA does not indicate that commercial users other than DOD or NASA use such high concentrations of NMP, or that they have a need for similar paints or coatings. By requiring prescriptive controls that provide for a concentration of NMP that includes one currently found on the market along with implementable work practices, EPA believes that use of NMP in paint and coating applications in commercial aviation, space travel, or uses similar to those described by DOD and NASA could continue without resulting in unreasonable risk.</P>
                    <P>Similarly, regarding paints and coatings, DOD and NASA have identified mission-critical items using products containing high concentrations of NMP in specialized coatings for military tactical equipment on military aviation and vessels and development and maintenance of component parts, including human-rated space vehicle hardware. For both DOD and NASA, the NMP-containing products used are higher than the 45% concentration limit EPA is proposing as part of the prescriptive controls described in Unit IV.A.4. One such coating is a polyimide coating used in fabrication of detectors to meet precise specifications for use by Federal Agencies in systems such as spacecraft, aircraft, balloons, rockets, and telescopes. This coating, which is 60% NMP, is critical to fabricating these detectors. Additionally, NMP has been used to meet required levels of performance of certified component parts by long-standing design and function specifications that are incorporated into contracts of a complex supply chain. While EPA is not proposing to prohibit the industrial and commercial use of NMP for paints and coatings, EPA is proposing to limit the concentration of NMP in these products to no more than 45%, as described in Unit IV.A.4. This may result in a coating ineffective for the specialized parts or processes used by DOD and NASA. In many instances only a higher concentration of NMP would be capable of successfully performing the necessary function. Additionally, information available to EPA indicates that application of these coatings typically includes very small quantities (less than 1 pound annually) under tightly controlled conditions, allowing for successful application of the WCPP and greater certainty that the unreasonable risk can be addressed in comparison to other situations in which coatings containing NMP may be applied. For these reasons, EPA is proposing WCPP with narrow applicability for these uses. As described earlier in this unit for paints and coatings, information available to EPA does not indicate that commercial users other than DOD or NASA use such high concentrations of NMP for paint, coating, or adhesive removal in these types of uses. By requiring prescriptive control that provides for a concentration of NMP that includes one currently found on the market along with implementable work practices, EPA believes that use of NMP in paint, coating, and adhesive removal in commercial aviation, space travel, or uses similar to those described by DOD and NASA could continue without resulting in unreasonable risk.</P>
                    <P>In the narrowly described uses by DOD and NASA for mission- and safety-critical uses, in the controlled environments operated by those agencies or their contractors, EPA expects it is possible for the unreasonable risk to be addressed by the WCPP. However, EPA does not have information to support that expectation for other commercial users of these products, including by entities other than DOD or NASA engaged in commercial aviation or space travel. To prevent widespread distribution of the products containing high concentration of NMP beyond DOD, NASA, and their contractors, EPA is proposing additional requirements, including self-certification, downstream notification, and recordkeeping. These requirements are detailed in Unit IV and would not significantly burden the entities processing, distributing, or using NMP for these highly specialized uses, while providing important enforcement and compliance tools. EPA is seeking comment on whether the WCPP, with no concentration limits, should apply to all users of NMP in paints and coatings, and paint, coating and adhesive removal, rather than narrowly to DOD and NASA.</P>
                    <HD SOURCE="HD3">d. Prescriptive Controls</HD>
                    <P>
                        Another requirement EPA considered to address unreasonable risk for occupational conditions of use was requiring specific controls prescribed by EPA, including concentration limits and PPE. In the 2020 Risk Evaluation for NMP, EPA identified that certain workplace controls could reduce exposures (Ref. 1). The prescriptive controls EPA considered (such as concentration limits and PPE) are based on information in the 2020 Risk Evaluation for NMP and supplemental analyses using methodology from the 2020 Risk Evaluation for NMP. In general, EPA does not prefer prescriptive controls as the primary method of risk management because of uncertainties about whether the prescriptive controls will be feasible for reducing exposures in all workplaces engaged in a condition of use and whether the prescriptive controls will be consistently or properly used. EPA understands that workplaces have unique processes and equipment in place and that varying levels of respiratory protection or dermal PPE may be needed for different workplaces. Additionally, as described in Unit III.A.1. and 2., EPA received input during required consultations and additional engagement that options that align with the hierarchy of controls (
                        <E T="03">i.e.,</E>
                         elimination and substitution of hazards 
                        <PRTPAGE P="51170"/>
                        in the workplace) should be preferred over prescriptive controls.
                    </P>
                    <P>
                        EPA also determined that certain prescriptive controls (
                        <E T="03">i.e.,</E>
                         PPE) may not be able to eliminate unreasonable risk contributed by some conditions of use when used in isolation. In the 2020 Risk Evaluation for NMP, analysis of occupational exposure scenarios indicated that many conditions of use still posed risk concerns even with the application of PPE (Ref. 1). Because of the uncertainty regarding the feasibility of exposure reductions through engineering controls alone, EPA determined that an NMP WCPP, which would be accompanied in tandem with the implementation of engineering controls, administrative controls, and/or PPE as elements of the program, as appropriate, would more successfully reduce exposure so that the unreasonable risk is addressed. Additionally, relying primarily on PPE to reduce exposures does not consider other more protective controls in the hierarchy, including elimination, substitution, engineering controls, and administrative controls. For occupational conditions of use where compliance with the NMP WCPP is unlikely to be successful, in most cases prohibitions (rather than prescribed controls) would be more appropriate to ensure that NMP does not present unreasonable risk under the conditions of use.
                    </P>
                    <P>However, based on the 2020 Risk Evaluation for NMP, EPA considered the industrial and commercial use in the uses listed in Unit IV.A.4.a. as viable candidates for prescriptive controls. These uses include the application of NMP-containing products that have been identified in a range of concentrations of NMP rather than requiring the use of pure NMP, and include application, such as brush or roll tasks where direct dermal contact may not be preventable. Therefore, EPA conducted additional analyses with the model used in the 2020 Risk Evaluation within the ranges identified for the NMP-containing products with and without PPE and determined the parameters required to address the unreasonable risk.</P>
                    <P>For the industrial and commercial use of NMP in ink, toner, and colorant products, and in soldering materials, EPA did not conduct additional modeling and used information in the 2020 Risk Evaluation for NMP. EPA modeled a range of expected concentration limits, as described in section 2.4 of the 2020 Risk Evaluation for NMP. When EPA modeled the lower bound of identified concentration of NMP in formulation at the central tendency without PPE, it did not contribute to the unreasonable risk to workers. Alternatively, when EPA modeled at the upper bound of identified concentration of NMP at the high-end without PPE it did contribute to the unreasonable risk to workers, but dermal PPE could mitigate the unreasonable risk to workers (Ref. 1). Therefore, EPA is proposing the lower bound concentration limit and dermal PPE to address the unreasonable risk and prevent product formulation with high concentration limits that were not assessed in the 2020 Risk Evaluation for NMP and could potentially contribute to the unreasonable risk.</P>
                    <P>For additional conditions of use, EPA's analysis in the 2020 Risk Evaluation for NMP indicated that for the uses identified in Unit IV.A.4.a. (not including the conditions of use ink, toner, and colorant products, and in soldering materials) there would still be risk concerns even if chemically resistant gloves are used in combination with specific activity training for tasks where dermal exposure can be expected to occur. However, as described earlier, the 2020 Risk Evaluation for NMP identifies several uncertainties regarding the use of the dermal exposures modeled. For example, the 2020 Risk Evaluation for NMP does not consider the frequency, type, and effectiveness of gloves or other types of PPE used in these specific conditions of use (Ref. 1). In consideration of the whole of the 2020 Risk Evaluation for NMP, including these uncertainties and EPA's supplemental risk calculations, EPA identified certain exposure controls, such as limits on the concentration of NMP in certain products in combination with requirements for specified respirators and appropriate dermal PPE use, that would reduce exposures to NMP enough to address the unreasonable risk (Ref. 37). For these specific conditions of use, where expected activities like spray, brush, or roll applications of NMP-containing products results in higher air concentration levels than those conditions of use listed in Unit IV.A.3., dermal PPE alone is not expected to address the unreasonable risk. In the supplemental risk calculations EPA evaluated whether dermal PPE alone, or in combination with respirators, either APF 10 or APF 25 would address the unreasonable risk and determined that the combination of the set concentration limits and specified inhalation and dermal PPE listed in Unit IV.A.4. would address the unreasonable risk. EPA is requesting comment on whether there are additional circumstances where specific PPE (including respirators) should be prescribed, as well as the appropriateness of the proposed respiratory protection requirements for these conditions of use as listed in Unit IV.A.4 and any impacts that the prescriptive use of respiratory protection may have on workplace operations.</P>
                    <P>EPA recognizes that these different conditions of use have different expected activities or application methods, such as spray application of a paint remover that results in a higher-than-average air concentration of NMP as compared to the roll-on application of ink that does not result in elevated air concentration of NMP. As a result, EPA is proposing four different combinations of concentration and PPE to account for the specific exposures expected while also allowing each of the conditions of use to remain efficacious.</P>
                    <P>EPA has preliminarily determined that preventing direct dermal contact with NMP through dermal PPE that covers any exposed skin and PPE training for the industrial and commercial uses listed in Unit IV.A.4. in combination with the proposed concentration limits would address the unreasonable risk from dermal exposure driven by these conditions of use for potentially exposed persons. EPA is requesting comment on whether preventing dermal contact with NMP through dermal PPE, training, and a concentration limit would adequately address the unreasonable risk from dermal exposures for these industrial and commercial use. For certain occupational conditions of use, prescribed engineering controls, administrative controls, and PPE were considered as part of the alternative regulatory action and are described in more detail later in this unit and in Unit IV.B.</P>
                    <HD SOURCE="HD3">e. Concentration Limit for Consumer Use in Adhesives and Sealants</HD>
                    <P>
                        EPA's approach for the consumer use of NMP in adhesives and sealants in glues and adhesives is similar to the prescriptive controls approach for certain occupational conditions of use, described earlier in this unit. For the consumer use listed in Unit IV.A.5., EPA proposes to allow the import, processing, and distribution in commerce of NMP for the consumer use of NMP in adhesives and sealants in glues and adhesives, including lubricant adhesives and sealants only in a concentration of up to 45% in formulated products for consumer use. In the 2020 Risk Evaluation for NMP, EPA identified certain product concentration limits for this consumer 
                        <PRTPAGE P="51171"/>
                        condition of use, based on information in the 2020 Risk Evaluation for NMP and supplemental analyses using methodology from the 2020 Risk Evaluation for NMP. EPA understands that consumers have unique processes and are not expected to have exposure reduction equipment in place or consistently use any levels of respiratory protection or dermal PPE. Therefore, EPA calculated a concentration limit that did not present unreasonable risk even without the use of PPE.
                    </P>
                    <HD SOURCE="HD3">2. Alternative Regulatory Actions</HD>
                    <P>EPA acknowledges that, for some of the occupational conditions of use that it is proposing to prohibit or require strict workplace controls, there may be some activities or facilities that could conceivably implement requirements under the NMP WCPP to prevent direct dermal contact with NMP. In some cases, they may be able to undertake more extensive risk reduction measures than EPA currently anticipates. Therefore, as a primary alternative regulatory action, described in Unit IV.B., EPA is considering and requesting comment on an NMP WCPP—including requirements to prevent direct dermal contact—for some conditions of use of NMP that would be prohibited or otherwise regulated under the proposed regulatory action. For those conditions of use that would be subject to the NMP WCPP under the alternative regulatory action, but not the proposed regulatory action, EPA was not able to identify reasonably available information such as monitoring data or detailed activity descriptions to indicate with certainty that relevant regulated entities for these conditions of use could mitigate identified unreasonable risk through an NMP WCPP. Due to this uncertainty, EPA is requesting comment on the alternative regulatory action and in particular the likelihood of successful compliance with an NMP WCPP, as described in Unit IV.A., for the conditions of use listed for the alternative regulatory action of NMP WCPP in Unit IV.B. EPA notes that the primary alternative regulatory action includes WCPP for additional commercial conditions of use, rather than prohibition, which removes the need for container size restrictions on similar consumer conditions of use, because the proposed container size restrictions are intended to prevent diversion of consumer products to commercial users.</P>
                    <P>EPA acknowledges that, for some of the occupational conditions of use that it is proposing prescriptive workplace requirements there may be some activities or facilities that could not conceivably implement the required concentration limits to reduce inhalation and dermal exposures to NMP. As part of the primary alternative regulatory action, EPA considered instead a prohibition for the industrial and commercial use in adhesives and sealants including binding agents, single component glues and adhesives, including lubricant adhesives and two component glues and adhesives including some resins and upstream activities for the consumer use in adhesives and sealants in glues and adhesives, including lubricant adhesives and sealants. However, as summarized in this unit, EPA has uncertainty regarding the necessity of a prohibition for the use of NMP in these conditions of use if the unreasonable risk could be addressed through a combination of a concentration limit and PPE (dermal and inhalation) for relevant industrial or commercial uses, and with a corresponding concentration limit for consumer products with similar purposes and attributes. EPA is soliciting comment on prohibiting for these occupational conditions of use.</P>
                    <P>Details of the alternative regulatory action are described more in Unit IV.B.</P>
                    <HD SOURCE="HD3">3. Risk Management Requirements Considered But Not Proposed</HD>
                    <P>Since it is unlikely that all industrial or commercial facilities with occupational exposures to NMP would be able to implement a WCPP or prescriptive controls, EPA also examined the extent to which a point-of-sale self-certification requirement to purchase and subsequently use NMP would further ensure that only facilities able to implement and comply with a WCPP or prescriptive controls are able to purchase and use NMP, and self-certify to that. Under a self-certification requirement, entities would submit a self-certification to the distributor each time NMP is purchased. The self-certification would consist of a statement indicating that the facility is implementing a WCPP or required prescriptive controls to control exposures to NMP; the self-certification would be signed and presented by a person authorized to do so by the facility owner or operator. Copies of the self-certification would be maintained as records by both the owner or operator and the distributor where NMP was purchased. While EPA is proposing to include a requirement for self-certification as part of the proposed narrow application of the WCPP for two commercial uses of NMP in paints and coatings and paint, coating, and adhesive removers, that narrowly tailored self-certification differs from a broader point-of-sale self-certification requirement that would be applicable to all commercial users of products containing NMP. The self-certification proposed for the narrow application of the WCPP relies on the adherence of a narrowly defined, highly-regulated group of users (DOD, NASA, or their contractors) performing work at clearly defined facilities for specific purposes on mission- or safety-critical components in compliance with the WCPP requirements described in Unit IV.A.3.</P>
                    <P>In contrast, a broader self-certification requirement would place requirements on large and diverse groups of users and distributors. Because of the number and types of entities where users can obtain NMP or NMP-containing products, EPA does not believe the added requirement and subsequent burden of a point-of-sale self-certification requirement for the use of NMP would be an effective tool for preventing facilities that may be unable to comply with the WCPP or prescriptive controls of this proposed rulemaking from accessing NMP or NMP-containing products. As such, EPA is not proposing a self-certification requirement as an additional component of the requirements for addressing the unreasonable risk of occupational exposures to NMP. However, EPA is requesting comment on whether to include a self-certification requirement for purchasing NMP or NMP-containing products. For example, EPA is interested in learning if, for distributors and retailers, such a self-certification requirement would provide greater certainty that any sale of NMP or NMP-containing products would be for uses that are not prohibited and are to a facility implementing the WCPP or required prescriptive controls.</P>
                    <P>
                        EPA considered setting an ECEL as a regulatory action to address the unreasonable risk by inhalation and dermal exposures. Previously, based on a 2015 risk assessment (Ref. 17), EPA proposed a regulatory action to restrict the use of NMP in commercial and consumer paint and coating removers that included a co-proposed option to prohibit the use of formulations with NMP more than 35% by weight and require PPE; that action was later withdrawn (Refs. 46, 47). Within the PPE requirement, in 2017, EPA proposed to require certain authorized respirators or an ECEL value. The ECEL value was dependent on inhalation and dermal exposures and weight fraction of NMP in the product. This analysis was specific to the PBPK model used for NMP which accounts for simultaneous dermal and inhalation exposure. The 
                        <PRTPAGE P="51172"/>
                        ECEL analysis calculated several variations in exposures and weight fractions, including 35%, 50%, and 60% NMP. At 60% NMP presented unreasonable risk to workers even with no air concentration exposure (Ref. 48). In the 2020 Risk Evaluation for NMP, EPA reanalyzed certain hazard information compared to the previous 2015 EPA Assessment, resulting in revised risk estimates in which an ECEL as an alternative to a respirator requirement would not be feasible to address the unreasonable risk for the industrial and commercial use of NMP in paints, coatings, and adhesive removers at 35% by weight NMP. The 2020 Risk Evaluation for NMP used a PBPK model that allowed EPA to evaluate aggregate exposures from simultaneous dermal, inhalation, and vapor-thorough-skin exposures associated with specific exposure scenarios (Ref. 1). The 2020 Risk Evaluation for NMP also compared the internal exposure to workers from dermal, inhalation, and vapor-through-skin pathways to the internal exposures to ONUs from inhalation and vapor-through-skin pathways. The results shows that the proportion of the exposure largely driving the unreasonable risk to workers and consumers is due to dermal contact with liquid NMP (Ref. 1) and addressing inhalation risks alone would not mitigate the unreasonable risk from NMP. Thus, EPA has not identified and is not proposing to set an ECEL for NMP. While a level could be set that would account for risk resulting from inhalation and vapor-through-skin (dermal exposure to vapor but not direct dermal contact with a liquid) exposures and the risk from direct dermal exposure at a specified weight fraction, the Agency is concerned an ECEL value would imply that inhalation is the primary route of exposure. Further, the 2020 Risk Evaluation identified a range of NMP weight fractions in the conditions of use, and most occupational uses of NMP require weight fractions much higher than 35%, or even 60%. As described in the 2017 NMP ECEL analysis, no ECEL value would mitigate the unreasonable risk when the weigh fraction is at or above 60%. Therefore, requirements to meet an ECEL would not address the unreasonable risk from dermal exposure.
                    </P>
                    <P>
                        Additionally, the previous proposed ECEL in 2017 was calculated for one condition of use and exposure scenario and accounted for the specific concentration limit EPA proposed for that condition of use and associated products. The previously proposed concentration limit was intended to result in reduced dermal and inhalation exposure. As a result, the ECEL included in the 2017 proposed rule was not an ECEL for all conditions of use of NMP, or even all paint and coating removal uses of NMP (
                        <E T="03">i.e.,</E>
                         any products that would exceed the previously proposed concentration limit of 35%). This proposed rule for NMP as a whole chemical regulates 28 occupational conditions of use. For an ECEL to be useful, EPA would have to propose, for each of these conditions of use, requirements for dermal PPE, a specific concentration limit, and a corresponding ECEL. Even if it were feasible to identify such a large number of separate dermal PPE, concentration limits, and ECELs, EPA believes it would be potentially burdensome and confusing to the regulated entities if there were a multitude of requirements for specific dermal PPE, concentration limits, and inhalation ECELs for each condition of use that would continue under the WCPP. Regulated entities could potentially have to comply with several different ECELs and concentration limits for different conditions of use within one facility which may not be technically feasible. EPA notes that those potential concentration limits would most likely be lower than pure NMP, which many processing conditions of use require, or would be lower than efficacious for some commercial formulations. Additionally, even with an ECEL, regulated entities would still have to prevent direct dermal contact by workers to NMP. For these reasons, instead of proposing a multitude of ECELs, EPA is proposing a robust WCPP that—through the requirements to develop and implement exposure control plan, identify restricted areas, and take mitigation measures to prevent direct dermal contact—will address the unreasonable risk from NMP for the specified conditions of use, without adding extra challenges of ECEL monitoring and compliance.
                    </P>
                    <P>EPA is also not proposing an existing chemical dermal exposure limit because biomonitoring methods, such as blood concentration testing or urine analysis to measure compliance to a dermal exposure limit, may not be readily available or feasible for most workplaces to implement. OSHA requires biomonitoring for only three chemicals (benzene, cadmium, and lead), and has not required any other chemical biomonitoring since 1981 (Refs. 49, 50, 51). NIOSH has no has no RELs based on biomonitoring, and EPA is not aware of any standard biomonitoring practice in the United States for solvents. EPA does not believe that biomonitoring methods are standard procedures in most occupational uses and requests public comment if these methods are viable to implement in the workplace.</P>
                    <P>To address the unreasonable risk, EPA also considered limiting the weight fraction of NMP in products and formulations without requirements for dermal or respiratory PPE. As described in Unit V.A.1.a., EPA determined that the unreasonable risk from NMP would not be contributed to by use of products containing NMP at less than 0.1% by weight. However, for all industrial/commercial and consumer conditions of use, the concentration limit of 0.1% is so low that it is highly unlikely that NMP would still serve its functional purpose in the product or formulation. EPA thus concluded that a weight fraction restriction without accompanying PPE requirements would essentially function as a prohibition for the conditions of use listed in Unit IV.A.2, and EPA therefore did not propose a weight fraction for those occupational conditions of use. EPA is however proposing a de minimis level for products containing NMP at levels of less than 0.1% to account for impurities that do not contribute to the unreasonable risk, as described in Unit IV.A.1.b.</P>
                    <HD SOURCE="HD3">4. Additional Considerations</HD>
                    <P>After considering the different regulatory options under TSCA section 6(a), alternatives (described in Unit V.B.), compliance dates, and other requirements under TSCA section 6(c), EPA developed the proposed regulatory action described in Unit IV.A. to address the unreasonable risk from NMP so it is no longer unreasonable. To ensure successful implementation of this proposed regulatory action, EPA considered other requirements to support compliance with the proposed regulations, such as requiring monitoring and recordkeeping to demonstrate compliance with the NMP WCPP and downstream notification regarding the prohibition on manufacturing, processing, distribution in commerce, and use of NMP, including products containing NMP. These proposed requirements are described in Unit IV.A.</P>
                    <P>
                        As required under TSCA section 6(d), any rule under TSCA section 6(a) must specify mandatory compliance dates, which shall be as soon as practicable with a reasonable transition period, but no later than 5 years after the date of promulgation of the final rule (for NMP, EPA notes an exception for the two uses 
                        <PRTPAGE P="51173"/>
                        exempted under TSCA section 6(g)). These compliance dates are detailed in Unit IV.A. and IV.B. EPA may finalize significantly shorter or longer compliance timeframes based on consideration of public comments.
                    </P>
                    <HD SOURCE="HD2">B. Consideration of Alternatives in Deciding Whether To Prohibit or Substantially Restrict NMP</HD>
                    <P>Under TSCA section 6(c)(2)(C), in deciding whether to prohibit or restrict in a manner that substantially prevents a specific condition of use of a chemical substance or mixture, and in setting an appropriate transition period for such action, EPA must consider, to the extent practicable, whether technically and economically feasible alternatives that benefit human health or the environment, compared to the use so proposed to be prohibited or restricted, will be reasonably available as a substitute when the proposed prohibition or other restriction takes effect. To that end, in addition to an Economic Analysis (Ref. 5), EPA conducted an Alternatives Assessment, using reasonably available information (Ref. 4).</P>
                    <P>For this assessment, EPA identified and analyzed alternatives to NMP in products relevant to industrial, commercial, and consumer conditions of use proposed to be prohibited or restricted, even if such restrictions are not anticipated to substantially prevent the condition of use. Based on reasonably available information, including information submitted by industry, EPA understands viable alternatives to NMP may not be available for several conditions of use—for example, the industrial and commercial use as a solvent (for cleaning or degreasing) in electrical equipment, appliance and component manufacturing; for use in semiconductor manufacturing; or the industrial and commercial use in lithium ion battery manufacturing for certain applications (Refs. 42, 44)—and considered that information to the extent practicable in the development of the regulatory options as described in Unit III.B.3. For some conditions of use (such as the industrial and commercial use of NMP in anti-freeze and de-icing products or in lubricants and greases), EPA was unable to identify products currently available for sale that contain NMP. EPA is soliciting comments on whether there are products in use or available for sale relevant to these conditions of use that contain NMP at this time, so that EPA can ascertain whether there are alternatives that benefit human health or the environment as compared to such use of NMP. These conditions of use are detailed in the Alternatives Assessment (Ref. 4).</P>
                    <P>For conditions of use for which products currently containing NMP were identified, EPA identified several hundred commercially available alternative products that do not contain NMP, and listed in the Alternatives Assessment, to the extent practicable, their unique chemical components, or ingredients. For each of these chemical components or ingredients, EPA identified whether it functionally replaced NMP for the product use and screened product ingredients for human health and environmental hazard, as well as identified flammability and global warming potential where information was reasonably available (Ref. 4). EPA then assigned a rating to the human health and environmental hazards, using a methodology described in the Alternatives Assessment document. In general, EPA identified products containing ingredients with a lower hazard screening rating than NMP for certain endpoints, while some ingredients presented higher hazard screening ratings than NMP (Ref. 4). These alternative hazard screening ratings are described in detail in the Alternatives Analysis grouped under common product use categories (Ref. 4).</P>
                    <P>Discussion of alternatives to NMP occurred during the SBAR Panel process outreach meetings. EPA's consideration of alternatives was informed by the information provided by SERs, which included known problems and risks with some available alternatives. Specifically, SERs discussed and the challenges of transitioning to alternative chemicals, which may not be as efficacious as NMP, including the lifespan of use of their current equipment, capital costs for new equipment and formulation certification, time to research alternatives and reformulate products, and compliance with any existing alternative chemical regulations (Ref. 26). SERs also identified concerns over certain chemical alternatives such as in extraction uses that are more toxic or flammable than NMP, or in coating removal uses where certain chemical alternatives also present supply chain challenges and limited or reduced availability compared to NMP. EPA notes the concerns expressed by SERs regarding availability of feasible alternatives. These discussions with SERs informed the Panel recommendations.</P>
                    <P>EPA has considered input from SERs and other stakeholders regarding alternatives to NMP, as well as the information used for the Alternatives Assessment.</P>
                    <P>In deciding whether to propose prohibition or other significant restrictions on a condition of use of NMP and in proposing an appropriate transition period for any such action, EPA has therefore, pursuant to TSCA section 6(c)(2)(C), considered, to the extent practicable, whether technically and economically feasible alternatives that benefit human health or the environment, compared to the use proposed to be prohibited or restricted, would be reasonably available as a substitute when a proposed prohibition or other significant restriction would become effective. EPA is additionally requesting comment on the Alternatives Assessment as a whole.</P>
                    <HD SOURCE="HD1">VI. TSCA Section 6(c)(2) Considerations</HD>
                    <HD SOURCE="HD2">A. Health Effects of NMP and the Magnitude of Human Exposure to NMP</HD>
                    <P>EPA's analysis of the health effects of NMP and the magnitude of human exposure to NMP are in the 2020 Risk Evaluation for NMP (Ref. 1). A summary is presented here.</P>
                    <P>The 2020 Risk Evaluation for NMP identified potential health effects of NMP including non-cancer adverse health effects such as reproductive toxicity, developmental toxicity, liver toxicity, kidney toxicity, immunotoxicity, neurotoxicity, and irritation and sensitization.</P>
                    <P>
                        Among the non-cancer adverse health effects, for acute inhalation and dermal exposure scenarios, EPA identified non-cancer developmental effects (
                        <E T="03">i.e.,</E>
                         increased fetal resorptions and mortality) as the most sensitive endpoint. For chronic inhalation and dermal exposure scenarios, EPA identified non-cancer reproductive effects (decreased fertility) as the most sensitive endpoints. NMP is not mutagenic and is not considered carcinogenic, so EPA did not conduct analysis of genotoxicity and cancer hazards in the risk evaluation.
                    </P>
                    <P>Regarding the magnitude of human exposure, one factor EPA considers for the conditions of use that contribute to unreasonable risk is the size of the exposed population, which, for NMP, EPA estimates is 226,000 workers and 193,000 ONUs (Ref. 5). The number of consumers that use adhesive products containing NMP each year is unknown. EPA did not identify any consumer adhesive and sealant products containing NMP (Ref. 5).</P>
                    <P>
                        For the conditions of use that contribute to the unreasonable risk for NMP, PESS include workers, ONUs, consumer users, bystanders, males and 
                        <PRTPAGE P="51174"/>
                        females of reproductive age, pregnant women and the developing embryo/fetus, infants, children and adolescents, people with pre-existing conditions and people with lower metabolic capacity due to life stage, genetic variation, or impaired liver function.
                    </P>
                    <P>In addition to workers, ONUs, consumers, and bystanders to consumer use directly exposed to NMP, EPA recognizes there is exposure to the general population from air and water pathways for NMP. During problem formulation, EPA conducted a first-tier screening analysis, for the ambient air pathway to near-field populations downwind from industrial and commercial facilities releasing NMP, that indicated low risk. In the 2020 Risk Evaluation, EPA conducted a first-tier analysis to estimate NMP surface water concentrations and did not identify risks from incidental ingestion or dermal contact during swimming. As mentioned in Unit II.D., EPA has separately conducted a screening approach to assess whether there may be potential risks to the general population from these exposure pathways that were unaccounted for in the NMP problem formulation and 2020 Risk Evaluation. The screening approach was developed to allow EPA to determine—with confidence—situations which present no unreasonable risk to fenceline communities or where further investigation would be needed to develop a more-refined estimate of risk. The fenceline technical support memos for the ambient air pathway and the water pathway provide the Agency with a quantitative assessment of exposure. EPA's fenceline analysis for the air pathway did not find risks to fenceline communities from ambient air (Ref. 15). EPA's fenceline analysis for the water pathway did not find risks from drinking water (Ref. 16). EPA therefore does not intend to revisit these air and water pathways for NMP as part of a supplemental risk evaluation.</P>
                    <HD SOURCE="HD2">B. Environmental Effects of NMP and the Magnitude of Exposure of the Environment to NMP</HD>
                    <P>EPA's analysis of the environmental effects of NMP and the magnitude of exposure of the environment to NMP are in the 2020 Risk Evaluation for NMP (Ref. 1). The unreasonable risk determination for NMP is based solely on risks to human health; based on the TSCA 2020 Risk Evaluation for NMP, EPA determined that exposures to the environment did not contribute to the unreasonable risk. A summary is presented here.</P>
                    <P>The manufacturing, processing, use, and disposal of NMP can result in releases to the environment, including aquatic releases of NMP from facilities that manufacture, use, or process NMP. Fate, exposure, and environmental hazard were evaluated in the 2020 Risk Evaluation for NMP to characterize environmental risk of NMP. NMP is not likely to accumulate in sediment due to its water solubility and low partitioning to organic matter. Upon releases of NMP to the atmosphere, it is degraded via reaction with photochemically produced hydroxyl radicals in ambient air. It may migrate through soil into groundwater, where NMP readily biodegrades in environments with active microbial populations. Additionally, NMP has low potential for bioaccumulation and bioconcentration in the environment.</P>
                    <P>Potential effects of NMP exposure described in the literature for aquatic life include mortality, immobilization, growth effects, and reproductive effects. EPA concluded that NMP poses a hazard to environmental aquatic organisms, including aquatic invertebrates, fish, and aquatic plants (algae). For acute exposures, NMP is a hazard to aquatic invertebrates based on immobilization and mortality, to fish based on mortality, and algae based on growth effects. For chronic exposures, NMP is a hazard to aquatic invertebrates based on reproductive effects, to fish based on an acute to chronic ratio approach extrapolating from the acute fish toxicity data, and to algae based on growth effects. EPA incorporated modeled exposure data from the Exposure and Fate Assessment Screening Tool or E-FAST as well as monitored data from the Water Quality Portal (Ref. 1), to characterize the exposure of NMP to aquatic species.</P>
                    <P>In the 2020 Risk Evaluation for NMP, the indicators evaluated for risk of injury to the environment include immobilization from acute exposure, growth effects from chronic exposure, and mortality to algae (Ref. 1). Based on the 2020 Risk Evaluation for NMP, EPA did not identify risk of injury to the environment that contributes to the unreasonable risk determination for NMP.</P>
                    <HD SOURCE="HD2">C. Benefits of NMP for Various Uses</HD>
                    <P>NMP is a water-miscible, organic compound used in a variety of industrial, commercial, pharmaceutical, and consumer use applications, including as a processing aid, as a solvent in petrochemical processing, in the production of electronics, cleaning and degreasing, and producing and removing paint, coatings, adhesives, and sealants, and other uses. The physical and chemical properties of NMP, such as low-flammability, low volatility, low vapor pressure, high boiling point, low viscosity and high affinity for aromatic hydrocarbons make it a popular and effective solvent and surface treatment for many applications (Ref. 1). Besides its use as a solvent, NMP is utilized in the recovery of hydrocarbons in the processing of petrochemicals. It is also used in the absorption of hydrogen sulfide in hydrodesulfurization facilities and the commercial preparation of polyphenylene sulfide, a high-performance engineering thermoplastic. In the pharmaceutical industry, NMP is used in the formulation of oral and transdermal drugs.</P>
                    <P>The main uses of NMP, by production volume, are in paint and coating removers, paints and coatings, electronics manufacturing, and plastic and resin manufacturing (Ref. 5). NMP effectively chemically removes various coatings from a substrate, such as furniture coatings or graffiti paint. There appears to be a trend towards alternatives to NMP in paint and coating removers as a result of the proposed rule published by EPA under TSCA section 6 in January 2017 regulating certain uses of methylene chloride and NMP (82 FR 7464). While that proposed rule was withdrawn in January of 2021, since January 2017, based on market research, the availability of consumer and commercial paint and coating removal products containing NMP has declined. However, there appears to be a market trend expanding electronic manufacturing in the United States, particularly as it related to lithium ion battery manufacturing and electronic vehicles and semiconductor chips. These production processes include uses of NMP with no known alternative and are expected to require the continued use of NMP over time.</P>
                    <P>In petrochemical manufacturing, NMP is used as a processing aid and extraction solvent. NMP is also used in a variety of cleaning products used in multiple industrial facilities and commercial shops, in soldering materials, and enhanced fertilizers.</P>
                    <P>
                        EPA requests comments from the public about the importance of NMP in multiple existing product categories, including the potentially increased future importance of NMP to innovation and as an alternative.
                        <PRTPAGE P="51175"/>
                    </P>
                    <HD SOURCE="HD2">D. Reasonably Ascertainable Economic Consequences of the Proposed Rule</HD>
                    <HD SOURCE="HD3">1. Likely Effect of the Rulemaking on the National Economy, Small Business, Technological Innovation, the Environment, and Public Health</HD>
                    <P>The reasonably ascertainable economic consequences of this proposed rule include several components, all of which are described in the Economic Analysis for this proposed rule (Ref. 5). With respect to the anticipated effects of this proposed rule on the national economy, EPA considered the number of businesses and workers that would be affected and the costs and benefits to those businesses and workers and did not find that there would be an impact on the national economy (Ref. 5). The economic impact of a regulation on the national economy becomes measurable only if the economic impact of the regulation reaches 0.25% to 0.5% of Gross Domestic Product (GDP). Given the current GDP, this is equivalent to a cost of $40 billion to $80 billion. Therefore, because EPA has estimated that the cost of the proposed rule would range from $396 million annualized over 20 years at a 3% discount rate and $397 million annualized over 20 years at a 7% discount rate, EPA has concluded that this rulemaking is unlikely to have any measurable effect on the national economy (Ref. 5). Cost estimates by use category are provided in the Economic Analysis Table 7-36 (Ref. 5). In addition, EPA considered the employment impacts of this proposed rule, and found that the direction of change in employment is uncertain, but EPA expects the short-term and longer-term employment effects to be small.</P>
                    <P>Of the 61,851 small businesses potentially impacted by this proposed rule, 72% or 44,388 are expected to have impacts of less than 1% to their firm revenues, 11% or 6,965 are expected to have impacts between 1 and 3% to their firm revenues, and 17% or 10,497 are expected to have impacts greater than 3% to their firm revenues. Most businesses that would be affected by this regulation are in the following sectors: paints and coatings; paint, coating, adhesive removers; adhesive and sealants; inks, toners, and colorant products; and soldering. In addition to these sectors, some users of NMP (such as in plastic and resin product manufacturing or waste and disposal) may be significantly impacted because they have specific technical requirements which make the cost of modifications in response to WCPP requirements or the efficacy of potential alternatives hard to determine and appropriately capture in the analysis.</P>
                    <P>With respect to this proposed rule's effect on technological innovation, EPA expects this rulemaking to spur more innovation than it will hinder. A prohibition or significant restriction on the manufacture, processing, and distribution in commerce of NMP for uses covered in this proposed rule may increase demand for safer chemical substitutes. This proposed rule is not likely to have significant effects on the environment because NMP does not present an unreasonable risk to the environment, though this proposed rule does present the potential for small reductions in air emissions and soil contamination associated with improper disposal of products containing NMP. The effects of this proposed rule on public health are estimated to be positive, due to the reduced risk of non-cancer endpoints from exposure to NMP.</P>
                    <HD SOURCE="HD3">2. Costs and Benefits of the Proposed Regulatory Action and of the Alternative Regulatory Actions Considered by the Administrator</HD>
                    <P>The costs and benefits that can be monetized for this proposed rule are described at length in in the Economic Analysis (Ref. 5). The monetized costs for this proposed rule are estimated to range from $396 million annualized over 20 years at a 3% discount rate and $397 million annualized over 20 years at a 7% discount rate. See the Economic Analysis Table 7-36 where total monetized costs are broken out per component of the proposed rule (Ref. 5). The health endpoints for NMP cannot be monetized at this time. However, as discussed in Unit IV.E., those endpoints can have significant, negative impacts on the lives of those exposed to NMP resulting in low birth weight, fetal loss, kidney toxicity, liver toxicity, and issues with fertility and fecundity (Ref. 5).</P>
                    <P>EPA considered the estimated costs to regulated entities as well as the cost to administer and enforce alternative regulatory actions. The alternative regulatory actions are described in detail in Unit IV.B. The estimated annualized costs of the alternative regulatory action are $165 million at a 3% discount rate and $185 million at a 7% discount rate over 20 years (Ref. 5). Again, the health endpoints for NMP cannot be monetized at this time. However, as discussed in Unit IV.E., those endpoints can have significant, negative impacts on the lives of those exposed to NMP resulting in low birth weight, fetal loss, kidney toxicity, liver toxicity, and issues with fertility and fecundity (Ref. 5).</P>
                    <P>This proposal is expected to achieve health benefits for the American public, that while tangible and significant, cannot be monetized. EPA believes that the balance of costs and benefits of this proposal cannot be fairly described without considering the non-monetized benefits of mitigating the non-cancer adverse effects. The multitude of adverse effects from NMP exposure can profoundly impact an individual's quality of life, as discussed in Units I.E. (estimated incremental impacts of the proposed rule), III.B.2. (description of the unreasonable risk), and VI.A. (discussion of the health effects), and also the 2020 Risk Evaluation for NMP. Chronic adverse effects of NMP exposure include the non-cancer effects listed in this unit. Acute effects of NMP exposure could be experienced for a shorter portion of life but are nevertheless significant in nature. The incremental improvements in health outcomes such as reproductive or developmental effects achieved by given reductions in exposure cannot be quantified for non-cancer health effects associated with NMP exposure, and therefore cannot be converted into monetized benefits. The qualitative discussion throughout this rulemaking and in the Economic Analysis highlights the importance of these non-cancer effects. Dismissing nonmonetized benefits of this rulemaking underestimates the impacts of NMP adverse outcomes and would imply there are no health benefits of this proposed rule from a reduction in NMP exposure.</P>
                    <HD SOURCE="HD3">3. Cost Effectiveness of the Proposed Regulatory Action and Alternative Regulatory Actions Considered by the Administrator</HD>
                    <P>
                        Cost effectiveness is a method of comparing certain actions in terms of the expense per item of interest or goal. The goal of this proposed regulatory action is to prevent unreasonable risk resulting from exposure to NMP, and a major component of this regulatory action is eliminating or reducing NMP exposure to workers and ONUs. Per potentially exposed worker or ONU, the proposed regulatory action would cost $944 while the alternative regulatory action would cost $395 (using the 3% discount rate) to achieve the same goals. At a 7% discount rate, the proposed regulatory action would cost $948 while the alternative regulatory action would cost $442 per potentially exposed worker or ONU. While the proposed option has higher monetized costs, it may allow for more flexibility in some 
                        <PRTPAGE P="51176"/>
                        sectors. In addition, the proposed option may result in potential lower exposures to workers and ONUs using NMP compared to the alternative option leading to reduced potential negative health outcomes for workers (Ref. 5).
                    </P>
                    <HD SOURCE="HD1">VII. TSCA Section 9 Analysis, Section 14, and Section 26 Considerations</HD>
                    <HD SOURCE="HD2">A. TSCA Section 9(a) Analysis</HD>
                    <P>TSCA section 9(a) provides that, if the Administrator determines, in the Administrator's discretion, that an unreasonable risk may be prevented or reduced to a sufficient extent by an action taken under a Federal law not administered by EPA, the Administrator must submit a report to the agency administering that other law that describes the risk and the activities that present such risk. TSCA section 9(a) describes additional procedures and requirements to be followed by EPA and the other Federal agency following submission of any such report. As discussed in this unit, for this proposed rule, the Administrator proposes to exercise his discretion not to determine that the unreasonable risk from NMP under the conditions of use may be prevented or reduced to a sufficient extent by an action taken under a Federal law not administered by EPA.</P>
                    <P>In addition, TSCA section 9(d) instructs the Administrator to consult and coordinate TSCA activities with other Federal agencies for the purpose of achieving the maximum enforcement of TSCA while imposing the least burdens of duplicative requirements. For this proposed rule, EPA has and continues to coordinate with appropriate Federal executive departments and agencies, including OSHA and the Consumer Product Safety Commission (CPSC), to, among other things, identify their respective authorities, jurisdictions, and existing laws with regard to NMP, which are summarized in this unit.</P>
                    <P>OSHA requires that employers provide safe and healthful working conditions by setting and enforcing standards and by providing training, outreach, education and assistance. As described in Unit II.C., OSHA has not established a PEL for NMP. Gaps exist between OSHA's authority to set workplace standards under the OSH Act and EPA's obligations under TSCA section 6 to eliminate unreasonable risk presented by chemical substances under the conditions of use. Health standards issued under section 6(b)(5) of the OSH Act must reduce significant risk only “to the extent feasible.” 29 U.S.C. 655(b)(5). To set PELs for chemical exposure, OSHA must first establish that the new standards are economically and technologically feasible (79 FR 61384, 61387, Oct. 10, 2014). But under TSCA section 6(a), EPA's substantive burden is to demonstrate that, as regulated, the chemical substance no longer presents an unreasonable risk, with unreasonable risk being determined without consideration of costs or other non-risk factors. Thus, if OSHA were to initiate a new action, the difference in standards between the OSH Act and TSCA may well result in an OSHA action insufficient to address the unreasonable risk under TSCA.</P>
                    <P>In addition, OSHA may set exposure limits for workers, but its authority is limited to the workplace and does not extend to consumer uses of hazardous chemicals, and thus OSHA cannot address the unreasonable risk from NMP under all of its conditions of use, which include consumer uses. OSHA also does not have direct authority over state and local employees, and it has no authority over the working conditions of state and local employees in states that have no OSHA-approved State Plan under 29 U.S.C. 667.</P>
                    <P>CPSC, under authority provided to it by Congress in the CPSA, protects the public from unreasonable risk of injury or death associated with the use of consumer products. Under the CSPA, CPSC has the authority to regulate NMP in consumer products, but not in other sectors such as automobiles, industrial and commercial products, or aircraft, for example. Further, a consumer product safety rule under the CPSA must include a finding that “the benefits expected from the rule bear a reasonable relationship to its costs,” 15 U.S.C. 2058(f)(3)(E), whereas EPA must apply TSCA risk management requirements to the extent necessary so that the chemical no longer presents unreasonable risk and only consider costs and benefits of the regulatory action to the extent practicable, 15 U.S.C. 2605(a), (c)(2). Additionally, the 2016 amendments to TSCA reflect Congressional intent to “delete the paralyzing `least burdensome' requirement,” 162 Cong. Rec. S3517 (June 7, 2016), a reference to TSCA section 6(a) as originally enacted, which required EPA to use “the least burdensome requirements” that protect “adequately” against unreasonable risk, 15 U.S.C. 2605(a) (1976). However, a consumer product safety rule under the CPSA must impose “the least burdensome requirement which prevents or adequately reduces the risk of injury for which the rule is being promulgated.” 15 U.S.C. 2058(f)(3)(F). Analogous requirements, also at variance with recent revisions to TSCA, affect the availability of action CPSC may take under the Federal Hazardous Substances Act (FHSA) relative to action EPA may take under TSCA. 15 U.S.C. 1262.</P>
                    <P>
                        EPA therefore concludes that TSCA is the only regulatory authority able to prevent or reduce unreasonable risk of NMP to a sufficient extent across the range of conditions of use, exposures and populations of concern. This unreasonable risk can be addressed in a more coordinated, efficient and effective manner under TSCA than under different laws implemented by different agencies. Moreover, the timeframe and any exposure reduction as a result of updating OSHA or CPSC regulations cannot be estimated, while TSCA requires a much more accelerated 2-year statutory timeframe for proposing and finalizing regulatory requirements to address unreasonable risk. Further, there are key differences between the finding requirements of TSCA and those of the OSH Act, CPSA, and FHSA. For these reasons, in the Administrator's discretion, the Administrator has analyzed this issue and does not determine that unreasonable risk from NMP may be prevented or reduced to a sufficient extent by an action taken under a Federal law not administered by EPA. However, EPA is requesting public comment on this issue (
                        <E T="03">i.e.,</E>
                         the sufficiency of an action taken under a Federal law not administered by EPA).
                    </P>
                    <HD SOURCE="HD2">B. TSCA Section 9(b) Analysis</HD>
                    <P>If EPA determines that actions under other Federal laws administered in whole or in part by EPA could eliminate or sufficiently reduce a risk to health or the environment, TSCA section 9(b) instructs EPA to use these other authorities to protect against that risk unless the Administrator determines in the Administrator's discretion that it is in the public interest to protect against such risk under TSCA. In making such a public interest finding, TSCA section 9(b)(2) states: “the Administrator shall consider, based on information reasonably available to the Administrator, all relevant aspects of the risk . . . and a comparison of the estimated costs and efficiencies of the action to be taken under this title and an action to be taken under such other law to protect against such risk.”</P>
                    <P>
                        Although several EPA statutes have listed NMP as a volatile organic compound (Ref. 7), regulations under those EPA statutes have limitations because they largely regulate releases to the environment, rather than occupational or consumer exposures. While these limits on releases to the environment are protective in the 
                        <PRTPAGE P="51177"/>
                        context of their respective statutory authorities, regulation under TSCA is also appropriate for occupational and consumer exposures and in some cases can provide upstream protections that would prevent the need for release restrictions required by other EPA statutes (
                        <E T="03">e.g.,</E>
                         Resource Conservation and Recovery Act (RCRA), CAA, Clean Water Act (CWA)), including their associated permits.
                    </P>
                    <P>
                        The primary exposures and unreasonable risk to consumers and workers would be addressed by EPA's proposed prohibitions and restrictions under TSCA section 6(a). In contrast, the timeframe and any exposure reduction as a result of updating regulations for NMP under the CAA, CWA, or RCRA cannot be estimated, nor would they address the direct human exposure to consumers and workers from the conditions of use evaluated in the 2020 Risk Evaluation for NMP. More specifically, none of EPA's other statutes (
                        <E T="03">e.g.,</E>
                         RCRA, CAA, CWA) can address exposures to workers related to the specific activities that result in occupational exposures, for example those associated with RCRA covered disposal requirements. EPA therefore concludes that TSCA is the most appropriate regulatory authority able to prevent or reduce risks of NMP to a sufficient extent across the range of conditions of use, exposures, and populations of concern.
                    </P>
                    <P>For these reasons, the Administrator does not determine that unreasonable risk from NMP under the conditions of use evaluated in the 2020 TSCA Risk Evaluation for NMP could be eliminated or reduced to a sufficient extent by actions taken under other Federal laws administered in whole or in part by EPA.</P>
                    <HD SOURCE="HD2">C. TSCA Section 14 Requirement</HD>
                    <P>EPA is also providing notice to manufacturers, processors, and other interested parties about potential impacts to CBI that may occur if this rulemaking is finalized as proposed. Under TSCA section 14(b)(4), if EPA promulgates a rule pursuant to TSCA section 6(a) that establishes a ban or phase-out of a chemical substance, the protection from disclosure of any CBI regarding that chemical substance and submitted pursuant to TSCA will be “presumed to no longer apply,” subject to the limitations identified in TSCA section 14(b)(4)(B)(i) through (iii). If this rulemaking is finalized as proposed, then pursuant to TSCA section 14(b)(4)(B)(iii), the presumption against protection from disclosure would apply only to information about the specific conditions of use that this proposed rule would prohibit. Manufacturers or processors seeking to protect such information would be able to submit a request for nondisclosure as provided by TSCA sections 14(b)(4)(C) and 14(g)(1)(E). Any request for nondisclosure would need to be submitted within 30 days after receipt of notice from EPA under TSCA section 14(g)(2)(A). EPA anticipates providing such notice via the Central Data Exchange or CDX.</P>
                    <HD SOURCE="HD2">D. TSCA Section 26 Considerations</HD>
                    <P>In accordance with TSCA section 26(h), EPA has used scientific information, technical procedures, measures, methods, protocols, methodologies, and models consistent with the best available science. As in the case of the unreasonable risk determination, risk management decisions for this proposed rule, as discussed in Unit III.B.3. and Unit V., were based on a risk evaluation that was subject to public comment and independent, expert peer review, and was developed in a manner consistent with the best available science and based on the weight of the scientific evidence as required by TSCA sections 26(h) and (i) and 40 CFR 702.43 and 702.45.</P>
                    <P>In particular, the WCPP, prescribed concentration limits, and de minimis concentration limit are derived from the analysis in the 2020 Risk Evaluation for NMP; they likewise represent decisions based on the best available science and the weight of the scientific evidence (Ref. 37). As discussed in Unit V.A.1., EPA used supplemental modeling from the 2020 Risk Evaluation for NMP to derive the proposed de minimis concentration limit, which represents a level below which EPA would not expect product use to contribute to unreasonable risk.</P>
                    <P>The extent to which the various information, procedures, measures, methods, protocols, methodologies or models, as applicable, used in EPA's decisions have been subject to independent verification or peer review is adequate to justify their use, collectively, in the record for this rule. Additional information on the peer review and public comment process, such as the peer review plan, the peer review report, and the Agency's response to comments, can be found in EPA's risk evaluation docket (Docket ID No.: EPA-HQ-OPPT-2016-0743).</P>
                    <HD SOURCE="HD1">VIII. Requests for Comment</HD>
                    <P>EPA is requesting public comment on all aspects of this proposal, including the proposed and alternative regulatory actions and all individual elements of these, and all supporting analysis. Additionally, within this proposal, the Agency is soliciting feedback from the public on specific issues throughout this proposed rule. For ease of review, this unit summarizes those specific requests for comment, with numbering provided to help simplify referencing.</P>
                    <P>1. In Unit I.C., EPA seeks public comment on all aspects of this proposal.</P>
                    <P>2. In Unit I.E., EPA seeks public comment on methodologies for developing noncancer human dose-response curves and valuation methods for the health endpoints identified for NMP in the Risk Evaluation, specifically willingness to pay studies.</P>
                    <P>3. In Unit III.A., EPA is requesting public comment on all elements of the proposed regulatory action and the alternative regulatory actions and is providing notice that based on consideration of comments and any new information submitted to EPA during the comment period on this proposed rule, EPA may in the final rule modify elements of the proposed regulatory action.</P>
                    <P>4. In Unit III.B.1., EPA requests comment on whether EPA should promulgate definitions for those conditions of use evaluated in the 2020 Risk Evaluation for NMP that would not be prohibited, and, if so, whether the descriptions in this unit are consistent with the conditions of use evaluated in the 2020 Risk Evaluation for NMP and whether they provide a sufficient level of detail to improve the clarity and readability of the regulation.</P>
                    <P>5. In Unit IV.A., EPA requests comment on allowing this de minimis level of NMP in products to account for impurities.</P>
                    <P>6. In Unit IV.A.1., EPA requests comment on whether additional time is needed, for example, for products to clear the channels of trade, or for implementing the use of substitutes. Comments should include documentation such as the specific use of the chemical throughout the supply chain; concrete steps taken to identify, test, and qualify substitutes for those uses (including details on the substitutes tested and the specific certifications that would require updating); and estimates of the time required to identify, test, and qualify substitutes with supporting documentation.</P>
                    <P>7. In Unit IV.A.1., EPA requests comment on whether these are the appropriate types of information for use in evaluating compliance requirements, and whether there are other considerations that should apply.</P>
                    <P>
                        8. In Unit IV.A.1., EPA is requesting comment on: (1) Whether respiratory 
                        <PRTPAGE P="51178"/>
                        protection and dermal PPE should be required before the effective date of the prohibition; (2) To what extent inhalation and dermal PPE may already be implemented in most uses being prohibited; and (3) Whether requirements that inhalation and dermal PPE be used before the effective dates of prohibitions would be overly burdensome to entities indicated in this unit that would be working to comply with the prohibition.
                    </P>
                    <P>9. In Unit. IV.A.1., EPA is requesting comments from the public for more information about the uses EPA is proposing to prohibit, particularly the industrial and commercial uses in fertilizer and other agricultural chemical manufacturing-processing aids and solvents, and the ability for workplaces in these conditions of use to comply with strict workplace controls like those required under the WCPP, or the ability to comply with a prohibition and reformulate to an alternative chemical or process.</P>
                    <P>10. In Unit IV.A.1., EPA requests comments on an appropriate, predictable process that could expedite reconsideration for uses that Federal agencies or their contractors become aware of after the final rule is issued using the tools available under TSCA, aligning with the requirements of TSCA section 6(g). EPA requests comment on whether the types of information described are the appropriate types of information for use in evaluating this type of category of use, and whether there are other considerations that should apply.</P>
                    <P>11. In Unit IV.A.1., EPA solicits comment on all aspects of its steps to accommodate in this proposed rule uses needed for national security or critical infrastructure and whether any additional measures are needed.</P>
                    <P>12. In Unit IV.A.2., EPA is requesting public comment on whether meeting this container size restriction to prevent commercial use would also have the same, though unintended, effect of reducing the consumer use.</P>
                    <P>13. In Unit IV.A.2., EPA requests comment on whether additional time is needed, for example, for products to clear the channels of trade, or for implementing the container size restriction, and on what an appropriate container size restriction should be if not 16 ounces, and why.</P>
                    <P>14. In Unit IV.A.2., EPA is also seeking public comment on any alternative options to prevent diversion of consumer products to commercial uses. Comments should include documentation such as the specific container sizes of the NMP-containing products and estimates of the time and expenses required to implement the labeling requirement. EPA may finalize significantly shorter or longer compliance timeframes based on consideration of public comments.</P>
                    <P>
                        15. In Unit IV.A.3., EPA requests comment on available approaches, specifically monitoring methods (
                        <E T="03">e.g.,</E>
                         charcoal patch testing) and frequency of sampling, to determine the effectiveness of engineering and administrative controls in preventing or reducing potential direct dermal contact to NMP.
                    </P>
                    <P>16. In Unit IV.A.3., EPA also requests comment on whether requiring reporting on such monitoring could support enforcement and compliance assurance with this rulemaking.</P>
                    <P>17. In Unit IV.A.3., EPA requests comment on whether there should be general housekeeping or cleaning requirements in areas where the NMP is handled or where surfaces may be contaminated with NMP.</P>
                    <P>18. In Unit IV.A.3., EPA is also soliciting comment on requiring warning signs to demarcate restricted areas, similar to the requirements found in OSHA's General Industry Standard for Beryllium (29 CFR 1910.1024(m)(2)).</P>
                    <P>19. In Unit IV.A.3., EPA is requesting comment on whether there should be a requirement to replace cartridges or canisters after a certain number of hours, such as the requirements found in OSHA's General Industry Standard for 1,3-Butadiene (29 CFR 1910.1051(h)), or a requirement for a minimum service life of non-powered air-purifying respirators such as the requirements found in OSHA's General Industry Standard for Benzene (29 CFR 1910.1028(g)(3)(D)).</P>
                    <P>20. In Unit IV.A.3., EPA is soliciting comments on the non-prescriptive proposed DDCC requirements for appropriate PPE selection, the effectiveness of PPE in preventing direct dermal contact with NMP in the workplace.</P>
                    <P>21. In Unit IV.A.3., EPA requests information on other potential dermal performance standards, and on general absorption and permeation effects to PPE as a result of direct contact.</P>
                    <P>22. In Unit IV.A.3., EPA understands that some workplaces rinse and reuse PPE after minimal use and is therefore soliciting comments on the impact on effectiveness of rinsing and reusing certain types of PPE, either gloves or protective clothing and gear.</P>
                    <P>23. In Unit IV.A.3., EPA also requests comment on the degree to which additional guidance related to use of PPE might be appropriate, including specifying PPE type or additional standard testing specifications.</P>
                    <P>24. In Unit IV.A.3., EPA is requesting comment on how owners and operators can engage with potentially exposed persons on the development and implementation of an exposure control plan and PPE program.</P>
                    <P>
                        25. In Unit IV.A.3., EPA requests comment relative to the ability of owners or operators in the private sector to implement such processes within 12 months of publication of the final rule in the 
                        <E T="04">Federal Register,</E>
                         and anticipated timelines for any procedural adjustments needed to comply with the requirements outlined in this unit. EPA also requests comment on whether the additional two years provided for agencies of the Federal Government and their contractors, when acting for or on behalf of the Federal government, to comply with the WCPP, should be provided more broadly to all entities complying with the WCPP.
                    </P>
                    <P>26. In Unit IV.A.4., EPA is requesting comment on whether there should be a requirement to replace cartridges or canisters after a certain number of hours, such as the requirements found in OSHA's General Industry Standard for 1,3-Butadiene (29 CFR 1910.1051(h)), or a requirement for a minimum service life of non-powered air-purifying respirators such as the requirements found in OSHA's General Industry Standard for Benzene (29 CFR 1910.1028(g)(3)(D)).</P>
                    <P>
                        27. In Unit IV.A.4., EPA is requesting public comment on whether additional documentation should be required to further support compliance and enforceability of the proposed regulatory requirements (
                        <E T="03">e.g.,</E>
                         requirements for labels or SDS identifying percent of NMP within a product, or downstream notification of these proposed requirements for concentration limits and PPE, or other information that would be made available to industrial and commercial users to indicate compliance with the concentration limits).
                    </P>
                    <P>28. In Unit IV.A.4., EPA requests comment on whether additional time is needed, other concentrations are required, or if there are available substitutes for this application.</P>
                    <P>
                        29. In Unit IV.A.5., EPA is requesting public comment on whether additional documentation should be required to further support compliance and enforceability of the proposed regulatory requirements (
                        <E T="03">e.g.,</E>
                         requirements for labels identifying the percent of NMP within a product or downstream notification of these proposed requirements for concentration limits).
                    </P>
                    <P>
                        30. In Unit IV.A.5., EPA requests comment on whether additional time is 
                        <PRTPAGE P="51179"/>
                        needed, other concentrations are required, or if there are available substitutes for this application.
                    </P>
                    <P>31. In Unit IV.A.6., EPA requests comments on all aspects of the proposed applicability of the WCPP to these narrowly described uses of higher concentration NMP in paint, coating, and adhesive removal and paints and coatings.</P>
                    <P>32. In Unit IV.A.6., EPA also requests comment on whether entities other than DOD, NASA or its contractors also require high concentration NMP and, if so, the extent to which lack of availability of high concentration NMP could impact their operations or pose potential challenges to the supply chain.</P>
                    <P>33. In Unit IV.A.6., EPA is requesting comment on whether EPA should also require reporting to EPA during purchasing of NMP for these specific uses by DOD, NASA, or their contractors and if requiring reporting could support of enforcement and compliance assurance with this rulemaking by further assuring that distribution of these high concentration NMP products for these uses is limited to DOD, NASA, and their contractors, and if such requirements would impose significant administrative burdens in addition compliance with the WCPP.</P>
                    <P>34. In Unit IV.A.7., EPA requests comments on the appropriateness of identified compliance timeframes for recordkeeping and downstream notification requirements described in this unit.</P>
                    <P>35. In Unit IV.B.1., EPA requests comment on this alternative regulatory action and whether any elements of this alternative regulatory action described in this unit should be considered as EPA develops the final regulatory action.</P>
                    <P>36. In Unit IV.B.1., EPA also requests comment on any advantages or drawbacks for the timelines outlined in this unit compared to the timelines identified for the proposed regulatory action in Unit IV.A.</P>
                    <P>37. In Unit IV.B.1., EPA requests comment on the ways in which NMP may be used in these conditions of use, including whether activities may take place in a closed system and the degree to which users of NMP in these sectors could successfully implement a WCPP (including DDCC) and ancillary requirements described in Unit IV.A.</P>
                    <P>38. In Unit IV.B.1., EPA is also requesting comment on whether any of the uses listed in this unit should be prohibited instead of requiring a WCPP, or if there are other factors like reduced concentration limits or limited access that could address the unreasonable risk.</P>
                    <P>39. In Unit IV.B.1., EPA requests comment on any advantages or drawbacks for the timelines outlined in this unit compared to the timelines identified for the proposed regulatory action in Unit IV.A.</P>
                    <P>40. In Unit V.A.1., EPA requests comment on the workplace protection measures or exposure reduction measures typically applied during dip application of NMP, particularly dip degreasing and cleaning in hot or cold dip-tank immersion cleaning and degreasing, and dip application of NMP for adhesive, paint, or coating removal.</P>
                    <P>41. In Unit V.A.1., EPA also requests comment on the typical tasks expected during hot and cold dip cleaning or coating removal operations, including manual or automated opening and closing of the dip tank, cleaning and maintenance, the use of new or repurposed vapor degreasing machines for immersion cleaning, or any other dip-tank or immersion cleaning and degreasing activities.</P>
                    <P>42. In Unit V.A.1., EPA is interested in for comments on the ability of users of high concentrations of NMP in dip applications to successfully implement a WCPP, the availability of alternative chemicals, and impacts of prohibiting NMP for the hot or cold dip-tank cleaning, degreasing, or removal of adhesives, paints, or coatings.</P>
                    <P>43. In Unit V.A.1., EPA requests comment on the number of firms who utilize hot or cold dip NMP for cleaning, degreasing, or removal of adhesives, paints, and coatings and the frequency of dip applications and size of the dip vessel per firm is also of interest to EPA.</P>
                    <P>44. In Unit V.A.1., EPA also requests comment on the types of engineering controls and any PPE use by firms who use NMP in hot or cold dip applications.</P>
                    <P>45. In Unit V.A.1., EPA requests comment on how NMP is used in the agricultural sector, including whether there are any other application types (such as aerosol application) besides liquid product containing NMP blended with solid fertilizer pellets. EPA requests comment and supporting information on the degree to which entities using NMP in fertilizer manufacture or application may comply with the proposed WCPP requirements or similar stringent workplace controls for other conditions of use of NMP. EPA also requests comment on the workplace safety protocols in place during application, including expected exposure reductions during the use of NMP in fertilizer mixing and application, current engineering controls used, PPE usage and any standard hazard warnings or instructions in place. Specifically, EPA requests comments on whether there are alternatives to NMP for solvents used in the production of fertilizers, as well as alternatives to the use of NMP to reduce the volatility of advanced fertilizer products by keeping nitrogen from volatilizing into the atmosphere before it can be absorbed into the soil.</P>
                    <P>46. In Unit V.A.1., EPA requests comment regarding the number of businesses and other entities that could potentially close as well as associated costs with a prohibition of NMP for the industrial and commercial conditions of use identified in Unit IV.A.1.a.</P>
                    <P>47. In Unit V.A.1., EPA is requesting comment on the de minimis concentration limit of NMP in products or formulations. EPA emphasizes the agency's interest in aligning to the extent possible with the de minimis thresholds in the OSHA Hazard Communication Standard, while also noting that additional analytical work was conducted for NMP.</P>
                    <P>48. In Unit V.A.1., EPA requests comment on whether de minimis thresholds should be proposed consistent with national and international regulations, or whether there may be instances where chemical-specific analyses is appropriate.</P>
                    <P>49. In Unit V.A.1., EPA requests comment on if there are any NMP-containing consumer products that may require a more frequent or multiple day application, and if so, should EPA require additional restrictions for consumer products.</P>
                    <P>50. In Unit V.A.1., EPA requests comment on the potential impacts to consumers and the consumer use of these products from a container size requirement, as well as the appropriateness of the proposed respiratory protection requirements for these conditions of use as listed in Unit IV.A.4 and any impacts that the prescriptive use of respiratory protection may have on workplace operations.</P>
                    <P>51. In Unit V.A.1., EPA is also requesting comment on whether, rather than a container size restriction requirement, a maximum concentration limit for products containing NMP be required instead.</P>
                    <P>
                        52. In Unit V.A.1., EPA requests comment on the typical or effective concentration of NMP in the following consumer products: paint and coating removers, adhesive removers, paints and coatings, paint additives and coating additives in arts and crafts paint, automotive care products, cleaning and furniture care products, and lubricant and lubricant additives, and whether a maximum concentration 
                        <PRTPAGE P="51180"/>
                        of NMP could be identified that would allow the product to continue to be efficacious for consumer use, but that would not exceed the concentrations EPA has identified in Unit IV.A.1.e. for addressing the contribution of these types of products to unreasonable risk for workers.
                    </P>
                    <P>53. In Unit V.A.1., EPA is seeking comment on whether the WCPP, with no concentration limits, should apply to all users of NMP in paints and coatings, and paint, coating and adhesive removal, rather than narrowly to DOD and NASA.</P>
                    <P>54. In Unit V.A.1., EPA is requesting comment on whether additional circumstances where specific PPE (including respirators) should be prescribed, as well as on the impacts on operations of requirements for the prescriptive use of respiratory protection for these conditions of use as listed in Unit IV.A.4.</P>
                    <P>55. In Unit V.A.1., EPA is requesting comment on whether preventing dermal contact with NMP through dermal PPE, training, and a concentration limit would adequately address the unreasonable risk from dermal exposures for these industrial and commercial use.</P>
                    <P>56. In Unit V.A.2., EPA is considering and requesting comment on an NMP WCPP—including requirements to prevent direct dermal contact—for some conditions of use of NMP that would be prohibited or otherwise regulated under the proposed regulatory action.</P>
                    <P>57. Unit V.A.2., EPA is requesting comment on the alternative regulatory action and in particular the likelihood of successful compliance with an NMP WCPP, as described in Unit IV.A., for the conditions of use listed for the alternative regulatory action of NMP WCPP in Unit IV.B.</P>
                    <P>58. In Unit V.A.2., EPA is soliciting comment on prohibiting for these occupational conditions of use.</P>
                    <P>59. In Unit V.A.3., EPA is requesting comment on whether to include a self-certification requirement for purchasing NMP or NMP-containing products.</P>
                    <P>60. In Unit V.A.3., EPA does not believe that biomonitoring methods are standard procedures in most occupational uses and requests public comment if these methods are viable to implement in the workplace.</P>
                    <P>61. In Unit V.B., EPA is soliciting comments on whether there are products in use or available for sale relevant to these conditions of use that contain NMP at this time, so that EPA can ascertain whether there are alternatives that benefit human health or the environment as compared to such use of NMP.</P>
                    <P>62. In Unit V.B., EPA is requesting comment on the Alternatives Assessment as a whole.</P>
                    <P>63. In Unit VI.C., EPA requests comments from the public about the importance of NMP in multiple existing product categories, including the potentially increased future importance of NMP to innovation and as an alternative.</P>
                    <P>64. In Unit VII.A., EPA is requesting public comment on the sufficiency of an action taken under a Federal law not administered by EPA.</P>
                    <P>65. In consideration of Panel report recommendations (Ref. 26) and in response to input provided by SERs, EPA is requesting comment on the following topics as outlined in the SBAR Panel Report:</P>
                    <P>• EPA requests comment on whether to allow the use of NMP by entities that could, based on demonstrated ability through recordkeeping and utilization of a combination of controls (including engineering controls, administrative controls, and PPE requirements), eliminate direct dermal contact with NMP to address the unreasonable risk.</P>
                    <P>• EPA requests comment in the NPRM on reasonable compliance timeframes for small businesses. Specifically, EPA requests comment on whether and how to provide longer compliance timeframes for transitioning to alternatives for uses requiring reformulation. As part of this effort, EPA seeks comment on and consider compliance timelines based on the expected availability of technically and economically feasible alternatives, as well as any information that could be provided based on requirements for certification or standards relevant to pesticides, or as a solvent in products such as industrial cleaners, paint strippers, and oil refining.</P>
                    <P>• EPA request comments on differing compliance or reporting requirements or timetables that account for the resources available to small entities. Additionally, EPA seeks comment on reasonable compliance timeframes for prohibitions or phase-outs on use of NMP in chemical processing and formulation, in response to SER input and other appropriate factors, such as the lifespan of equipment, capital costs for new equipment and certification, time to research alternatives, and time to reformulate products. In addition, EPA requests comment on any additional appropriate factors for identifying reasonable compliance timeframes and how to weigh the factors for chemical processing, agricultural product manufacturing, petrochemical refining, and other industries.</P>
                    <P>
                        • EPA requests comment in the NPRM on a 
                        <E T="03">de minimis</E>
                         level in the case of an impurity or trace amounts of NMP in products.
                    </P>
                    <P>• EPA requests comment on whether any chemicals identified by the Agency as part of the TSCA risk evaluation process as presenting an unreasonable risk of injury to health or the environment as well as chemicals undergoing risk evaluation would be likely to be considered as viable alternatives and, if so, in which circumstances.</P>
                    <P>• EPA requests comment on a regulatory approach for those conditions of use where EPA has confidence that exposures to NMP can be effectively controlled, would provide flexibility for regulated entities to incorporate the hierarchy of controls and reduce exposures so that the unreasonable risk is no longer present.</P>
                    <P>• EPA seeks comment on state of the art equipment, engineering and administrative controls, and monitoring for dermal exposures.</P>
                    <P>• EPA requests public comment on a limited access program for the sale of products containing NMP that could require training and certification or restrict distribution only to users with certain equipment that could reduce or eliminate dermal exposures or type of facilities.</P>
                    <HD SOURCE="HD1">IX. References</HD>
                    <P>
                        The following is a listing of the documents that are specifically referenced in this document. The docket includes these documents and other information considered by EPA, including documents that are referenced within the documents that are included in the docket, even if the referenced document is not itself physically located in the docket. For assistance in locating these other documents, please consult the person listed under 
                        <E T="02">FOR FURTHER INFORMATION CONTACT</E>
                        .
                    </P>
                    <EXTRACT>
                        <FP SOURCE="FP-2">1. EPA. Risk Evaluation n-Methylpyrrolidone. December 2020.</FP>
                        <FP SOURCE="FP-2">2. EPA. Final Revised Unreasonable Risk Determination for n-Methylpyrrolidone, Section 5. December 2022.</FP>
                        <FP SOURCE="FP-2">
                            3. EPA. n-Methylpyrrolidone (NMP); Revision to Toxic Substances Control Act (TSCA) Risk Determination; Notice of Availability. 
                            <E T="04">Federal Register.</E>
                             87 FR 242, December 19, 2022 (FRL-9943-02-OCSPP).
                        </FP>
                        <FP SOURCE="FP-2">4. EPA. Alternatives Assessment for Use of n-Methylpyrrolidone. September 2023.</FP>
                        <FP SOURCE="FP-2">5. EPA. Economic Analysis of the Proposed Regulation of N-Methylpyrrolidone. May 2024.</FP>
                        <FP SOURCE="FP-2">
                            6. EPA. Chemical Data Reporting. 2020. 
                            <E T="03">https://www.epa.gov/chemical-data-reporting/access-cdr-data.</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            7. EPA. Regulatory Actions Pertaining to N-Methylpyrrolidone. May 2024.
                            <PRTPAGE P="51181"/>
                        </FP>
                        <FP SOURCE="FP-2">
                            8. NIOSH. Hierarchy of Controls. Last Reviewed January 17, 2023. 
                            <E T="03">https://www.cdc.gov/niosh/topics/hierarchy/</E>
                            .
                        </FP>
                        <FP SOURCE="FP-2">
                            9. Solomon et al. 1-methyl-2-pyrrolidone (NMP): Reproductive and developmental toxicity study by inhalation in the rat. 
                            <E T="03">http://dx.doi.org/10.3109/01480549509014324.</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            10. The American Industrial Hygiene Association (AIHA). OARS WEEL Table. 
                            <E T="03">https://www.tera.org/OARS/#reservations</E>
                            .
                        </FP>
                        <FP SOURCE="FP-2">
                            11. Saillenfait et al. Developmental toxicity of N-methyl-2-pyrrolidone in rats following inhalation exposure. 
                            <E T="03">http://dx.doi.org/10.1016/S0278-6915(02)00300-9.</E>
                        </FP>
                        <FP SOURCE="FP-2">12. Exxon Biomedical Sciences. Multigeneration Rat Reproduction Study with n-Methylpyrrolidone, Project Number 236535.</FP>
                        <FP SOURCE="FP-2">13. European Union. Regulations. April 18, 2018.</FP>
                        <FP SOURCE="FP-2">
                            14. Lee et al. Toxicity of N-methyl-2-pyrrolidone (NMP): Teratogenic, subchronic, and two-year inhalation studies. 
                            <E T="03">http://dx.doi.org/10.1016/0272-0590(87)90045-5.</E>
                        </FP>
                        <FP SOURCE="FP-2">15. EPA. Memorandum of n-Methylpyrrolidone (NMP): Fenceline Technical Support—Ambient Air Pathway.</FP>
                        <FP SOURCE="FP-2">16. EPA. Memorandum of n-Methylpyrrolidone (NMP): Fenceline Technical Support—Water Pathway. July 17, 2023.</FP>
                        <FP SOURCE="FP-2">17. EPA. TSCA Work Plan Chemical Risk Assessment N-Methylpyrrolidone: Paint Stripper Use. March 2015.</FP>
                        <FP SOURCE="FP-2">
                            18. Executive Order 13985. Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. 
                            <E T="04">Federal Register</E>
                            . 86 FR 7009, January 20, 2021.
                        </FP>
                        <FP SOURCE="FP-2">
                            19. Executive Order 13990. Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis. 
                            <E T="04">Federal Register</E>
                            . 86 FR 7037, January 25, 2021.
                        </FP>
                        <FP SOURCE="FP-2">
                            20. Executive Order 14008. Tackling the Climate Crisis at Home and Abroad. 
                            <E T="04">Federal Register</E>
                            . 86 FR 7619, February 1, 2021.
                        </FP>
                        <FP SOURCE="FP-2">
                            21. EPA. EPA Announces Path Forward for TSCA Chemical Risk Evaluations. June 30, 2021. 
                            <E T="03">https://www.epa.gov/newsreleases/epa-announces-path-forward-tsca-chemical-risk-evaluations.</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            22. EPA. Science Advisory Committee on Chemicals Meeting Minutes and Final Report No. 2022-01. March 15-17, 2022. 
                            <E T="03">https://www.regulations.gov/document/EPA-HQ-OPPT-2021-0415-0095.</E>
                        </FP>
                        <FP SOURCE="FP-2">23. EPA. Notes from Federalism Consultation on Forthcoming Proposed Rulemakings for Trichloroethylene, Perchloroethylene, and n-Methylpyrrolidone under TSCA Section 6(a). July 22, 2021.</FP>
                        <FP SOURCE="FP-2">24. EPA. Notes from Tribal Consultations on Forthcoming Proposed Rulemakings for n-Methylpyrrolidone.</FP>
                        <FP SOURCE="FP-2">25. EPA. Notes from Environmental Justice Consultations on Forthcoming Proposed Rulemakings for n-Methylpyrrolidone (NMP). July 7 and July 13, 2021.</FP>
                        <FP SOURCE="FP-2">26. Small Business Advocacy Review. Final Report of the Small Business Advocacy Review Panel on EPA's Planned Proposed Rule for n-Methylpyrrolidone (NMP).</FP>
                        <FP SOURCE="FP-2">27. EPA. Initial Regulatory Flexibility Analysis (IRFA) for Proposed Regulation of n-Methylpyrrolidone. May 2024.</FP>
                        <FP SOURCE="FP-2">28. EPA. Public Webinar on n-Methylpyrrolidone (NMP): Risk Evaluation and Risk Management under TSCA Section 6. February 24, 2021.</FP>
                        <FP SOURCE="FP-2">29. EPA. Stakeholder Meeting List for Proposed Rulemaking for N-Methylpyrrolidone under TSCA Section 6(a).</FP>
                        <FP SOURCE="FP-2">30. EPA. 2021 Policy on Children's Health. October 5, 2021.</FP>
                        <FP SOURCE="FP-2">31. EPA. Instructions for Reporting 2020 TSCA Chemical Data Reporting. May 2020.</FP>
                        <FP SOURCE="FP-2">32. EPA. Revised Titles for the NMP Conditions of Use from the Final Risk Evaluation.</FP>
                        <FP SOURCE="FP-2">33. EPA. Problem Formulation of the Risk Evaluation for N-Methylpyrrolidone. May 2018.</FP>
                        <FP SOURCE="FP-2">34. EPA. Supplemental Information on Occupational Exposure Assessment. December 2020.</FP>
                        <FP SOURCE="FP-2">
                            35. OSHA. Recommended Practices for Safety and Health Programs. October 2016. 
                            <E T="03">https://www.osha.gov/safety-management.</E>
                        </FP>
                        <FP SOURCE="FP-2">
                            36. OSHA. Personal Protective Equipment. 2004. 
                            <E T="03">https://www.osha.gov/sites/default/files/publications/osha3151.pdf</E>
                            .
                        </FP>
                        <FP SOURCE="FP-2">37. EPA. NMP Supplemental File with Additional Occupational PBPK Runs. December 2023.</FP>
                        <FP SOURCE="FP-2">38. EPA. Supplemental Data File of Results of Additional Consumer PBPK Runs.</FP>
                        <FP SOURCE="FP-2">39. DuPont. Meeting with DuPont on NMP Risk Evaluation/Risk Management. September 13, 2023.</FP>
                        <FP SOURCE="FP-2">40. European Commission. Regulation (EC) No 1907/2006. December 18, 2006.</FP>
                        <FP SOURCE="FP-2">41. EPA. Supplemental Data File of Results of NMP Air Concentration and Weight Fraction Modeling.</FP>
                        <FP SOURCE="FP-2">42. Semiconductor Industry Association (SIA). Comments of the Semiconductor Industry Association (SIA) on the Draft Toxic Substances Control Act (TSCA) Risk Evaluation for N-Methylpyrrolidone (NMP). January 21, 2020.</FP>
                        <FP SOURCE="FP-2">43. EPA. Meeting with Celanese on Risk Management under TSCA Section 6 for n-Methylpyrrolidone. March 9, 2021.</FP>
                        <FP SOURCE="FP-2">44. Lithium Ion Cell Manufacturers' Coalition (LICMC). Correspondence from the Lithium Ion Cell Manufacturers' Coalition on Risk Management for n-Methyl pyrrolidone (NMP). September 22, 2023.</FP>
                        <FP SOURCE="FP-2">45. NASA. NASA—Known Uses of n-Methylpyrrolidone. October 17, 2023.</FP>
                        <FP SOURCE="FP-2">
                            46. EPA. Methylene Chloride and N-Methylpyrrolidone; Regulation of Certain Uses Under TSCA Section 6(a); Proposed Rule.
                            <E T="04">Federal Register</E>
                            . 82 FR 12, January 19, 2017 (FRL-9958-57).
                        </FP>
                        <FP SOURCE="FP-2">
                            47. EPA. Withdrawal of Proposed Rules; Discontinuing Three Rulemaking Efforts Listed in the Semiannual Regulatory Agenda. 
                            <E T="04">Federal Register</E>
                            . 86 FR 10, January 15, 2021 (FRL-10018-67).
                        </FP>
                        <FP SOURCE="FP-2">48. EPA. Recommendation for an Existing Chemical Exposure Concentration Limit (ECEL) for Occupational Use of N-Methylpyrrolidone (NMP) and Workplace Air Monitoring Methods for NMP [RIN 2070-AK07]. January 2017.</FP>
                        <FP SOURCE="FP-2">49. OSHA. 29 CFR 1910.1028 Benzene. September 27, 2023.</FP>
                        <FP SOURCE="FP-2">50. OSHA. 29 CFR 1910.1027 Cadmium. September 27, 2023.</FP>
                        <FP SOURCE="FP-2">51. OSHA. 29 CFR 1910.1025 Lead. September 27, 2023.</FP>
                        <FP SOURCE="FP-2">52. EPA. Supporting Statement for an Information Collection Request (ICR) Under the Paperwork Reduction Act (PRA); Regulation of n-Methylpyrrolidone under TSCA Section 6(a).</FP>
                        <FP SOURCE="FP-2">53. U.S. Consumer Product Safety Commission. What You Should Know About Using Paint Strippers.</FP>
                        <FP SOURCE="FP-2">54. OMB. Guidance for Implementing Title II of [UMRA]. March 31, 1995.</FP>
                    </EXTRACT>
                    <HD SOURCE="HD1">X. Statutory and Executive Order Reviews</HD>
                    <P>
                        Additional information about these statutes and Executive Orders can be found at 
                        <E T="03">https://www.epa.gov/laws-regulations/laws-and-executive-orders.</E>
                    </P>
                    <HD SOURCE="HD2">A. Executive Orders 12866: Regulatory Planning and Review and 14094: Modernizing Regulatory Review</HD>
                    <P>This action is a “significant regulatory action,” as defined under section 3(f)(1) of Executive Order 12866 (58 FR 51735, October 4, 1993), as amended by Executive Order 14094 (88 FR 21879, April 11, 2023). Accordingly, EPA submitted this action to OMB for Executive Order 12866 review. Documentation of any changes made in response to the Executive Order 12866 review is available in the docket. EPA prepared an analysis of the potential costs and benefits associated with this action. This analysis (Ref. 5) is also available in the docket and is summarized in Unit VI.D.2.</P>
                    <HD SOURCE="HD2">B. Paperwork Reduction Act (PRA)</HD>
                    <P>
                        The information collection activities in this proposed rule have been submitted to OMB for review and comment under the PRA, 44 U.S.C. 3501 
                        <E T="03">et seq.</E>
                         The Information Collection Request (ICR) document that EPA prepared has been assigned EPA ICR No. 2786.01 (Ref. 52). You can find a copy of the ICR in the docket for this rule, and it is briefly summarized here.
                    </P>
                    <P>
                        There are two primary provisions of the proposed rule that may increase burden under the PRA. The first is downstream notification, which would be carried out by updates to the relevant SDS and which would be required for manufacturers, processors, and distributors in commerce of NMP, who would provide notice to companies 
                        <PRTPAGE P="51182"/>
                        downstream upon shipment of NMP about the prohibitions. The information submitted to downstream companies through the SDS would provide knowledge and awareness of the restrictions to these companies. The second is WCPP-related information generation, recordkeeping, and notification requirements (including development of exposure control plans and related recordkeeping; development of documentation for a PPE program and related recordkeeping; development and notification to potentially exposed persons (employees and others in the workplace) about how they can access the exposure control plans, PPE program implementation documentation including glove testing; and development of self-certification documentation demonstrating eligibility for the WCPP if relevant, and related recordkeeping).
                    </P>
                    <P>
                        <E T="03">Respondents/affected entities:</E>
                         Persons that manufacture, process, use, distribute in commerce, or dispose of NMP or products containing NMP. See also Unit I.A.
                    </P>
                    <P>
                        <E T="03">Respondent's obligation to respond:</E>
                         Mandatory (TSCA section 6(a) and 40 CFR part 751).
                    </P>
                    <P>
                        <E T="03">Estimated number of respondents:</E>
                         63,749.
                    </P>
                    <P>
                        <E T="03">Frequency of response:</E>
                         On occasion.
                    </P>
                    <P>
                        <E T="03">Total estimated burden:</E>
                         189,534 hours (per year). Burden is defined at 5 CFR 1320.3(b).
                    </P>
                    <P>
                        <E T="03">Total estimated cost:</E>
                         $219,812,949 (per year), includes $206,079,628 annualized capital or operation and maintenance costs, specifically glove testing.
                    </P>
                    <P>
                        An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. After display in the 
                        <E T="04">Federal Register</E>
                         when approved, the OMB control numbers for certain EPA regulations in title 40 of the CFR are listed in 40 CFR part 9 and displayed on the form and instructions or collection portal, as applicable.
                    </P>
                    <P>
                        Submit your comments on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden to the EPA using the docket identified at the beginning of this proposed rule. You may also send your ICR-related comments to OMB's Office of Information and Regulatory Affairs using the interface at 
                        <E T="03">https://www.reginfo.gov/public/do/PRAMain.</E>
                         Find this particular ICR by selecting “Currently under Review—Open for Public Comments” or by using the search function. OMB must receive comments no later than July 15, 2024. EPA will respond to ICR-related comments in the final rule.
                    </P>
                    <HD SOURCE="HD2">C. Regulatory Flexibility Act (RFA)</HD>
                    <P>
                        As required by section 609(b) of the RFA, the EPA convened a SBAR Panel to obtain advice and recommendations from SERs that potentially would be subject to the rule's requirements. The SBAR Panel evaluated the assembled materials and small-entity comments on issues related to elements of an IRFA. Prior to convening the Panel, EPA conducted outreach and solicited comments from the SERs. After the Panel was convened, the Panel provided additional information to the SERs and requested their input. SERs involved in the consultation included industries that manufacture fertilizer and other agricultural chemical manufacturing, chemical processors (including oil re-refiners), and formulators of paint and coating removal products. The Panel identified several significant uses of NMP and detailed workplace safety operations for consideration by the Administrator of the EPA that support the stated objectives of TSCA section 6 and minimize impacts of the proposed rule on small entities. The Panel recommended several exposure and reduction practices, including specific engineering and administrative controls and PPE, reviewed information about alternative chemicals, and discussed the regulation of NMP under FIFRA. EPA is including these considerations for the proposed rule and is soliciting comment on others. The report was finalized and transmitted to the EPA Administrator for consideration. A copy of the full SBAR Panel Report is available in the rulemaking docket, including SERs involved, materials presented to SERs, and recommendations. Pursuant to section 603 of the RFA, 5 U.S.C. 601 
                        <E T="03">et seq.,</E>
                         EPA prepared an initial regulatory flexibility analysis (IRFA) (Ref. 27) that examines the impact of the proposed rule on small entities along with regulatory alternatives that could minimize that impact. The complete IRFA is available for review in the docket and is summarized here.
                    </P>
                    <HD SOURCE="HD3">1. Need for the Rule</HD>
                    <P>Under TSCA section 6(a) (15 U.S.C. 2605(a)), if EPA determines after a TSCA section 6(b) risk evaluation that a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or other nonrisk factors, including an unreasonable risk to a PESS identified as relevant to the risk evaluation, under the conditions of use, EPA must by rule apply one or more requirements listed in TSCA section 6(a) to the extent necessary so that the chemical substance or mixture no longer presents such risk. NMP was the subject of a risk evaluation under TSCA section 6(b)(4)(A) that was issued in December 2020. In addition, in December 2022, EPA issued a revised unreasonable risk determination that NMP as a whole chemical substance presents an unreasonable risk of injury to health under the conditions of use. As a result, EPA is proposing to take action to the extent necessary so that NMP no longer presents such risk.</P>
                    <HD SOURCE="HD3">2. Objectives and Legal Basis</HD>
                    <P>Under TSCA section 6(a) (15 U.S.C. 2605(a)), if EPA determines through a TSCA section 6(b) risk evaluation that a chemical substance presents an unreasonable risk of injury to health or the environment, EPA must by rule apply one or more requirements listed in TSCA section 6(a) to the extent necessary so that the chemical substance or mixture no longer presents such risk. EPA has determined through a TSCA section 6(b) risk evaluation that NMP presents an unreasonable risk under the conditions of use.</P>
                    <HD SOURCE="HD3">3. Description and Number of Small Entities to Which the Rule Will Apply</HD>
                    <P>The proposed rule potentially affects small manufacturers (including importers), processors, distributors, retailers, users of NMP or of products containing NMP, and entities engaging in disposal. EPA estimates that the proposal would affect approximately 61,851 small entities. Most (39,215) of these entities are commercial users of NMP in two sectors: fertilizer and other agricultural chemical manufacturing and paints and coatings. EPA also estimates the uses with the next largest numbers of small entities (20,962) using NMP include: paint, coating, and adhesive removers; electronic product and semiconductor manufacturing; waste handling, disposal, treatment, and recycling; adhesives and sealants; cleaning and furniture care products; and soldering.</P>
                    <HD SOURCE="HD3">4. Projected Compliance Requirements</HD>
                    <P>
                        To address the unreasonable risk EPA has identified, EPA is proposing to: prohibit the manufacture (including import), processing, distribution in commerce, and use of NMP for several occupational conditions of use. To address the unreasonable risk to workers, EPA is also proposing to require container size limits and labeling requirements for the import, processing, and distribution in commerce of NMP products for several 
                        <PRTPAGE P="51183"/>
                        consumer uses, to prevent diversion to commercial uses. For most other conditions of use that contribute to the unreasonable risk determination for NMP, EPA proposes to address the unreasonable risk with an NMP WCPP, which would include a combination of requirements including to prevent direct dermal contact with NMP. As described in Unit IV.A., the NMP WCPP would be non-prescriptive, in the sense that regulated entities would not be required to use specific controls prescribed by EPA to achieve the restrictions. The NMP WCPP would encompass restrictions on most occupational conditions of use and could include provisions for DDCC and ancillary requirements to support implementation of these restrictions. While the NMP WCPP includes stringent requirements that would be necessary to address the unreasonable risk from NMP, because the dermal exposures can be more effectively controlled in a broad range of facilities engaging in a relatively large number of conditions of use, EPA identified a relatively large number of conditions of use where the Agency expected, based on reasonably available information, an NMP WCPP could be successfully implemented. EPA is also proposing to require prescriptive controls, including concentration limits and PPE, for additional occupational conditions of use, instead of requirements for WCPP.
                    </P>
                    <P>To address unreasonable risks to consumers, EPA proposes to require a concentration limit on NMP for the manufacture (including import), processing, and distribution in commerce of one consumer use.</P>
                    <P>Regarding recordkeeping requirements, three primary provisions of the proposed rule relate to recordkeeping. The first is recordkeeping of general records: all persons who manufacture, process, distribute in commerce, or engage in industrial or commercial use of NMP or NMP-containing products must maintain ordinary business records, such as invoices and bills-of-lading related to compliance with the prohibitions, restrictions, and other provisions of the regulation.</P>
                    <P>The second is recordkeeping related to WCPP compliance: under the proposed regulatory action, facilities complying with the rulemaking through WCPP would be required to develop and maintain records associated with DDCC compliance (including the exposure control plan, PPE program implementation, basis for specific PPE selection, occurrence and duration of direct dermal contact with NMP, and workplace information and training); and workplace participation. To support and demonstrate compliance, EPA is proposing that each owner or operator of a workplace subject to the WCPP retain compliance records for five years.</P>
                    <P>Third, EPA is also proposing to require specific prescriptive controls for a few occupational conditions of use of NMP, to restrict the concentration limit and require PPE as detailed in Unit IV.A.3. for imported formulations, processing, distribution in commerce, and use of NMP in those conditions of use. EPA is also proposing to restrict the import, processing, distribution in commerce of NMP for one consumer use in concentrations greater than those specified in Unit III.A.3.c. To support and demonstrate compliance, EPA is proposing that each owner or operator of a workplace subject to the prescriptive controls requirements retain compliance records for five years.</P>
                    <P>Regarding third-party notification, EPA is not proposing reporting requirements beyond downstream notification, labeling, and self-certification for entities using NMP under the narrowly-applied WCPP for certain uses.</P>
                    <P>
                        <E T="03">Downstream notification:</E>
                         To ensure compliance with downstream notification for WCPP EPA is proposing that manufacturers (including importers), processors, and distributors, excluding retailers, of NMP and NMP-containing products provide downstream notification of the prohibitions through the SDS required by OSHA under 29 CFR 1910.1200(g) by adding language as described in Unit IV.A.7.
                    </P>
                    <P>
                        <E T="03">Labeling:</E>
                         To ensure compliance with the container size restrictions for the products of the uses listed in Unit IV.A.2 EPA is proposing require products to be labeled with the prescribed text in Unit IV.A.2.
                    </P>
                    <HD SOURCE="HD3">Self-Certification-Related Information Generation, Recordkeeping, and Notification Requirements</HD>
                    <P>EPA has authority under section 6 of TSCA to require recordkeeping related to the regulatory requirements imposed by EPA. This is especially important where, as here, such records are needed for effective implementation and enforcement of the TSCA section 6 rule to eliminate unreasonable risk. The self-certification would provide potentially exposed persons in a workplace with clear and necessary information and would provide EPA with a necessary evidence mechanism for effective enforcement. The regulated entities would develop, compile, and retain records that are necessary for self-certification compliance, provide workplace notification to potentially exposed persons, and serve as a reference for EPA or authorized entities. These records include a self-certification statement and all records as required by the NMP WCPP.</P>
                    <HD SOURCE="HD3">a. Classes of Small Entities Subject to the Compliance Requirements</HD>
                    <P>The small entities that would be potentially directly regulated by this rulemaking are small entities that manufacture (including import), process, distribute in commerce, use, or dispose of NMP, including retailers of NMP for end-consumer uses.</P>
                    <HD SOURCE="HD3">b. Professional Skills Needed To Comply</HD>
                    <P>Entities that would be subject to this proposal that manufacture (including import), process, or distribute NMP in commerce would be required to modify their SDS or develop another way to inform their customers of the prohibitions and requirements for WCPP. Some entities would also be required to update product labels or containers. They would also be required to maintain ordinary business records, such as invoices and bills-of-lading, that demonstrate compliance with the prohibitions, restrictions, and other provisions of this proposed regulation. These are all routine business tasks that do not require specialized skills or training.</P>
                    <P>Entities that use NMP in any industrial and commercial capacity that is prohibited would be required to cease under the proposed rule. While this would not require any special skills, the implementation of an alternative chemical or the cessation of use of NMP in a process or equipment may require persons with specialized skills, such as engineers or other technical experts. Instead of developing an alternative method themselves, commercial users of NMP may choose to contract with another entity to do so.</P>
                    <P>
                        Entities that would be permitted to continue to manufacture, process, distribute, use or dispose of NMP would be required to implement a WCPP and would have to meet the provisions of the program for continued use of NMP. Entities that would be permitted to continue use of NMP in the uses listed in Unit IV.A.4 would be required to implement prescriptive controls, including concentration limits and PPE program restrictions for continued use of NMP. A transition to a WCPP or prescriptive controls may require persons with specialized skills such as an engineer or health and safety professional. Instead of implementing the WCPP or prescriptive controls for 
                        <PRTPAGE P="51184"/>
                        themselves, entities that use NMP may choose to contract with another entity to do so. Records would have to be maintained for compliance with a WCPP or prescriptive controls, as applicable. While this recording activity itself may not require a special skill, the information to be measured and recorded may require persons with specialized skills such as an industrial hygienist.
                    </P>
                    <HD SOURCE="HD3">5. Relevant Federal Rules</HD>
                    <P>
                        Because of its health effects, NMP is subject to some Federal laws and regulations in the United States and is also subject to regulation by some states and other countries. The following is a summary of the regulatory actions pertaining to NMP; for a full description
                        <E T="03">,</E>
                         see appendix A of the 2020 Risk Evaluation for NMP and the summary in the docket (Ref. 7).
                    </P>
                    <P>NMP is listed on the Toxics Release Inventory (TRI) pursuant to section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). NMP is regulated on the Federal Food, Drug, and Cosmetic Act (FFDCA) under FFDCA section 408 NMP is currently approved for use as a solvent and co-solvent inert ingredient in pesticide formulations for both food and non-food uses and is exempt from the requirements of a tolerance limit (40 CFR part 180.920). Under the Clean Air Act (CAA) section 183(e) and section 111(b) NMP is subject to several reporting standards and is listed on the Equipment Leaks Chemical List (40 CFR 68.130).</P>
                    <P>In addition to regulations administered by EPA, NMP is also subject to other Federal regulations. The Consumer Product Safety Commission (CPSC) issued a fact sheet in 2013, warning the public about hazards of paint and coating removal products, including those containing NMP. The fact sheet included recommendations for PPE when using products containing NMP (Ref. 53). The U.S. Food and Drug Administration (FDA) identifies NMP as an “Indirect Additive Used in Food Contact Substances” and as a Class 2 solvent, namely a solvent that “should be limited in pharmaceutical products because of their inherent toxicity.” FDA established a Permissible Daily Exposure (PDE) for NMP of 5.3 mg/day with a concentration limit of 530 ppm, and its Center for Veterinary Medicine developed a method in 2011 for detection of the residues of NMP in edible tissues of cattle (21 CFR 500.1410).</P>
                    <P>
                        When meeting certain combustibility criteria (
                        <E T="03">i.e.,</E>
                         boiling point less than 200 °F), NMP may be regulated as a hazardous material by the U.S. Department of Transportation (DOT) when transported by highway, rail, vessel, or air. As such, transporting NMP may be subject to certain requirements under Section 5103 of the Federal Hazardous Material Transportation Act (49 U.S.C. 5103) and the Hazardous Materials Regulations (HMR; 49 CFR parts 171 through 180), such as shipping papers, marking, labeling, placarding, etc.
                    </P>
                    <P>State actions pertaining to NMP include listing NMP in state air regulations. New Hampshire lists NMP as a regulated toxic air pollutant (Env-A 1400: Regulated Toxic Air Pollutants) and Vermont lists NMP as a hazardous air contaminant (Vermont air Pollution Control Regulations, 5261). California has a PEL for NMP of 1 part per million (ppm) as an 8-hr-time-weighted average (TWA) along with a skin notation for NMP (California Code of Regulations, title 8, section 5155). California also lists NMP on Proposition 65 due to reproductive toxicity (Cal. Code Regs. Title 27, Section 27001). California's Office of Environmental Health Hazard Assessment (OEHHA) lists a Maximum Allowable Dose Level (MADL) for inhalation exposure = 3,200 micrograms per day (μg/day) and MADL for dermal exposure = 17,000 μg/day. The California Department of Toxic Substances Control (DTSC) Safer Consumer Products Program lists NMP as a Candidate Chemical for development toxicity and reproductive toxicity. Several other states have adopted reporting laws for chemicals in children's products that include NMP. Minnesota has listed NMP as a chemical of concern to children (Minnesota Statutes 116.9401 to 116.9407).</P>
                    <P>International actions pertaining to NMP include the listing, in 2011, of NMP on the Candidate list as a Substance of Very High Concern (SVHC) under regulation (EC) No 1907/2006 to the Regulation, Evaluation, Authorisation and Restriction of Chemicals (REACH). In 2018 the European Union added NMP to REACH Annex XVII, the restricted substances list. The restriction includes three conditions: that NMP shall not be placed on the market above 0.3% unless users have chemical safety reports and SDSs with set inhalation and dermal Derived No-Effect Levels (DNELs); NMP shall not be used above 0.3% unless appropriate risk management measures ensure that the exposure of workers is below the DNELs; and an exclusion from the regulation until May 9, 2024, for the use of NMP as a solvent or reactant in the process of coating wires. Several countries, including Australia, Belgium, Canada, Finland, Poland, and Spain have occupational exposure limits (OELs) for NMP (GESTIS International limit values for chemical agents OELs database, Accessed April 12, 2023).</P>
                    <HD SOURCE="HD3">6. Significant Alternatives to the Proposed Rule</HD>
                    <P>
                        EPA analyzed alternative regulatory approaches to identify which would be feasible, reduce burden to small businesses, and achieve the objective of the statute (
                        <E T="03">i.e.,</E>
                         applying one or more requirements listed in TSCA section 6(a) to the extent necessary so that the chemical substance or mixture no longer presents an unreasonable risk). As described in more detail in Unit V., EPA considered several factors, in addition to identified unreasonable risk, when selecting among possible TSCA section 6(a) requirements. To the extent practicable, EPA factored into its decisions: the effects of NMP on health and the environment, the magnitude of exposure to NMP of human beings and the environment, the benefits of NMP for various uses, and the reasonably ascertainable economic consequences of the rule. As part of this analysis, EPA considered—in addition to the proposed regulatory action described in Unit IV—a wide variety of control measures to address unreasonable risk from NMP such as point-of-sale self-certification, inhalation or dermal exposure limits, and weight fraction limits. EPA's analysis of these risk management approaches (as well as additional approaches) is detailed in Unit V.A.3. In general, EPA determined that these approaches alone would not be able to address the unreasonable risk. More detail is provided in this Unit and in Unit V.A.3.
                    </P>
                    <P>
                        <E T="03">Point-of-sale self-certification:</E>
                         As discussed in Unit V.A.3, EPA also examined the extent to which a point-of-sale self-certification requirement in order to purchase and subsequently use NMP would further ensure that only facilities able to implement and comply with a WCPP or prescriptive controls are able to purchase and use NMP, and self-certify to that. Under a self-certification requirement, entities would submit a self-certification to the distributor each time NMP is purchased. The self-certification would consist of a statement indicating that the facility is implementing a WCPP or required prescriptive controls to control exposures to NMP; the self-certification would be signed and presented by a person authorized to do so by the facility owner or operator. Copies of the self-certification would be maintained as records by both the owner or operator 
                        <PRTPAGE P="51185"/>
                        and the distributor where NMP was purchased. While EPA is proposing to include a requirement for self-certification as part of the narrow application of the WCPP for two commercial uses of NMP in paints and coatings and paint, coating, and adhesive removers for DOD, NASA, and their contractors, that narrowly tailored self-certification differs from a broader point-of-sale self-certification requirement that would be applicable to all commercial users of products containing NMP. The self-certification proposed relies on the adherence of a narrowly-defined, highly regulated group of users (DOD, NASA, or their contractors) performing work at clearly defined facilities for specific purposes on mission- or safety-critical components in compliance with the WCPP requirements described in Unit IV.A.3.
                    </P>
                    <P>In contrast, a broader self-certification requirement would place requirements on large and diverse groups of users and distributors. Because of the number and types of entities where users can obtain NMP or NMP-containing products, EPA does not believe the added requirement and subsequent burden of a point-of-sale self-certification requirement for the use of NMP would be an effective tool for preventing facilities that may be unable to comply with the WCPP or prescriptive controls of this proposed rulemaking from accessing NMP or NMP-containing products. As such, EPA is not proposing a self-certification requirement as an additional component of the requirements for addressing the unreasonable risk of occupational exposures to NMP.</P>
                    <P>
                        <E T="03">Inhalation or dermal exposure limit:</E>
                         As discussed in Unit III.B.2, the 2020 Risk Evaluation for NMP assessed exposure from inhalation, dermal, and vapor through skin exposure, and identified that the unreasonable risk of injury to human health is mainly driven by direct dermal contact with NMP. EPA identified that the best representative endpoints for non-cancer effects were from acute (developmental toxicity) and chronic (reproductive toxicity) exposures for all conditions of use. Additional risks associated with other adverse effects (
                        <E T="03">e.g.,</E>
                         liver toxicity, kidney toxicity, immunotoxicity, neurotoxicity, irritation and sensitization) were identified. Therefore, EPA is proposing dermal exposure controls (or, as needed, prohibitions) to prevent direct dermal contact with NMP. While inhalation risks contribute to the unreasonable risk from NMP, addressing inhalation risks alone would not mitigate the unreasonable risk from NMP. As discussed in Unit V.A.3 of the proposed rule, EPA also examined the extent to which setting an Existing Chemical Exposure Limit (ECEL) or a dermal exposure limit as a regulatory action would address the unreasonable risk by inhalation and dermal exposures. EPA is not proposing an ECEL because the unreasonable risk to workers from NMP is driven by dermal exposures, and an ECEL would only address risk from inhalation and vapor-through-skin (dermal exposure to vapor but not direct dermal contact with a liquid) exposures. Therefore, requirements to meet an ECEL would not address the unreasonable risk from dermal exposure. EPA is also not proposing an existing chemical dermal exposure limit because biomonitoring methods, such as blood concentration testing or urine analysis to measure compliance to a dermal exposure limit, may not be readily available or feasible for most workplaces to implement. EPA does not believe that biomonitoring methods are standard procedures in most occupational uses. As such, EPA is not proposing an inhalation or dermal exposure requirement for addressing the unreasonable risk of occupational exposures to NMP.
                    </P>
                    <P>
                        <E T="03">Weight fraction limit:</E>
                         To address the unreasonable risk, EPA also considered limiting the weight fraction of NMP in products and formulations without requirements for dermal or respiratory PPE. As described in Unit V.A.1.a., EPA determined that the unreasonable risk from NMP would not be contributed to by use of products containing NMP at less than 0.1% by weight. However, for all industrial/commercial and consumer conditions of use, the concentration limit of 0.1% is so low that it is highly unlikely that NMP would still serve its functional purpose in the product or formulation. EPA thus concluded that a weight fraction restriction without accompanying PPE requirements would essentially function as a prohibition. for the conditions of use listed in Unit IV.A.2, and EPA therefore did not propose a weight fraction for those occupational conditions of use. EPA is however proposing a de minimis level for products containing NMP at levels of less than 0.1% to account for impurities that do not contribute to the unreasonable risk., as described in Unit IV.A.1.b.
                    </P>
                    <P>Additionally, in the proposed rule preamble and the Economic Analysis, EPA has examined a primary alternative regulatory action. The primary alternative regulatory action described in this proposed rule and considered by EPA combines prohibitions and requirements for a WCPP. While in some ways it is similar to the proposed regulatory action, the primary alternative regulatory action described in this proposed rule differs from the proposed regulatory action by providing for a WCPP, including DDCC, for some conditions of use that would be prohibited or have prescriptive controls under the proposed regulatory action. Additionally, the primary alternative regulatory action includes prohibitions for one industrial and commercial use and the manufacturing, processing, and distribution in commerce for one consumer use; all of which would be required to have prescriptive controls under the proposed regulatory action. The primary alternative regulatory action would not include restrictions on the container size of consumer products that may feasibly be used for commercial purposes. In its review of alternatives, EPA determined that some methods either did not effectively address the unreasonable risk presented by NMP or there was uncertainty about whether facilities in conditions of use would be able to comply with a comprehensive WCPP to adequately protect potentially exposed persons. While EPA is soliciting comments about all aspects on each of the alternative regulatory actions, which may be incorporated into the final rulemaking, EPA has considered the primary alternative regulatory actions and found that the proposed action is more suitable for addressing the unreasonable risk to the extent necessary so that NMP no longer presents such risk, while also allowing flexibility for regulated entities to continue operations, as described in more detail in Unit IV.A. and V.A. Estimated costs of the primary alternative regulatory action can be found in chapter 7 of the Economic Analysis (Ref. 5).</P>
                    <HD SOURCE="HD2">D. Unfunded Mandates Reform Act (UMRA)</HD>
                    <P>This action contains a Federal mandate under UMRA, 2 U.S.C. 1531-1538, that may result in expenditures of $100 million or more for State, local and Tribal governments, in the aggregate, or the private sector in any one year. Accordingly, the EPA has prepared a written statement required under UMRA section 202 and section 205. The statement is included in the docket for this action and is briefly summarized here.</P>
                    <P>
                        EPA estimated the compliance costs of the proposed rule to the private sector to be approximately $396 million annualized over 20 years at a 3% discount rate and $397 million annualized over 20 years at a 7% discount rate. However, the costs of the 
                        <PRTPAGE P="51186"/>
                        rule to the private sector are difficult to completely quantify. It is difficult to predict firm behavior in response to regulation in the absence of firm specific revenue and cost and there are few sources that provide direct estimates for number of firms using NMP. As described in more detail in Units I.E. and VI.D.2. and Table 7-38 of the Economic Analysis (Ref. 5), EPA estimated costs assuming all firms using NMP comply with the proposed rule. Thus, the Agency concludes the cost of the rule to the private sector may exceed the inflation-adjusted UMRA threshold of $100 million in costs in any one year.
                    </P>
                    <P>
                        State, local, and Tribal governments are not expected to incur large costs because of the proposed rule since they are not known to engage in the manufacture, processing, distribution, or large-scale use of NMP. Costs to State, local and Tribal governments from this proposed rule would result from requirements related to disposal of NMP or products containing NMP, which are estimated to be less than $8 million annualized over 20 years at a 3% discount rate and 7% discount rate. In addition, if State, local and Tribal governments engage in various conditions of use of NMP for commercial use, they may need to switch to different products that no longer contain NMP or change the types of PPE workers wear when using NMP. EPA has identified many alternative products currently available at comparable prices. Since there is not a significant intergovernmental mandate, there is no need for Federal financial assistance (
                        <E T="03">e.g.,</E>
                         grants or loans) or other Federal resources from either EPA or other Federal agencies to assist state, local, or Tribal governments in complying with the rule.
                    </P>
                    <P>The rule's benefits include the prevention of the risk of numerous adverse health effects from NMP exposure. In addition to EPA's 2020 Risk Evaluation for NMP, many authorities have determined acute exposure to NMP may pose risks of developmental toxicity, notably irreversible fetal death. NMP chronic exposure is known to present risks of various non-cancer adverse health effects, including liver toxicity, kidney toxicity, reduced male fertility and reduced female fecundity impacts, and reproductive toxicity effects, notably low-birth weight.</P>
                    <P>The economic impact of a regulation on the national economy is generally considered to be measurable only if the economic impact of the regulation reaches 0.25 percent to 0.5 percent of GDP (Ref. 54). Given the current GDP of $23.17 trillion, this is equivalent to a cost of $58 billion to $116 billion. Therefore, EPA has concluded that this rulemaking is highly unlikely to have any measurable effect on the national economy. Additional information on EPA's estimates of the benefits and costs of this action are provided in Units I.E. and VI.D.2. and in the Economic Analysis for this action (Ref. 5). Information on the authorizing legislation is provided in Unit I.B. Information on prior consultations with affected State, local, and Tribal governments is provided in Unit III.A.1.</P>
                    <P>This action is not subject to the requirements of UMRA section 203 because it contains no regulatory requirements that might significantly or uniquely affect small governments.</P>
                    <HD SOURCE="HD2">E. Executive Order 13132: Federalism</HD>
                    <P>EPA has concluded that this action has federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because regulation of NMP under TSCA section 6(a) may preempt state law. As set forth in TSCA section 18(a)(1)(B), the issuance of rules under TSCA section 6(a) to address the unreasonable risk presented by a chemical substance has the potential to trigger preemption of laws, criminal penalties, or administrative actions by a state or political subdivision of a state that are: (1) Applicable to the same chemical substance as the rule under TSCA section 6(a); and (2) Designed to prohibit or otherwise restrict the manufacture, processing, or distribution in commerce or use of that same chemical. TSCA section 18(c)(3) applies that preemption only to the “hazards, exposures, risks, and uses or conditions of use” of such chemical included in the final TSCA section 6(a) rule.</P>
                    <P>EPA provides the following preliminary federalism summary impact statement. The Agency consulted with state and local officials early in the process of developing the proposed action to permit them to have meaningful and timely input into its development. This included background presentation on September 9, 2020, and a consultation meeting on July 22, 2021. EPA invited the following national organizations representing state and local elected officials to these meetings: American Water Works Association, Association of Clean Water Administrators, Association of Metropolitan Water Agencies, Association of State Drinking Water Administrators, Environmental Council of the States, National Association of Counties, National Conference of State Legislatures, National Governors Association, National League of Cities, National Water Resources Association, and United States Conference of Mayors. During the consultation, stakeholders in attendance recommended additional reporting requirements as a risk management tool to address the unreasonable risk, suggested EPA look into safer alternatives, and described concerns related to current impacts on drinking water utilities from NMP (Ref. 23). A summary of the meeting with these organizations, including the views that they expressed, is available in the docket (Ref. 23). EPA provided an opportunity for these organizations to provide follow-up comments in writing but did not receive any such comments.</P>
                    <HD SOURCE="HD2">F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments</HD>
                    <P>This action does not have Tribal implications as specified in Executive Order 13175 (65 FR 67249, November 9, 2000), because it will not have substantial direct effects on Tribal governments, on the relationship between the Federal Government and the Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. This rulemaking would not have substantial direct effects on Tribal governments because NMP is not manufactured, processed, or distributed in commerce by tribes. NMP is not regulated by tribes, and this rulemaking would not impose substantial direct compliance costs on Tribal governments. Thus, Executive Order 13175 does not apply to this action.</P>
                    <P>
                        Notwithstanding the lack of Tribal implications as specified by Executive Order 13175, EPA met with Tribal representatives on this action, consistent with the EPA Policy on Consultation and Coordination with Indian Tribes, which EPA applies more broadly than Executive Order 13175. EPA scheduled consultations with representatives of Tribes via webinar on June 14, 2021, and July 14, 2021, concerning the prospective regulation of NMP under TSCA section 6(a). No attendance on June 14, 2020, resulted in the first scheduled consultation to be canceled. Tribal officials were given the opportunity to meaningfully interact with EPA risk managers concerning the current status of risk management. During the consultation, EPA discussed risk management under TSCA section 6(a), findings from the 2020 Risk Evaluation for NMP, types of information to inform risk management, principles for transparency during risk management, and types of information EPA is seeking from Tribes (Ref. 24). EPA briefed Tribal officials on the 
                        <PRTPAGE P="51187"/>
                        Agency's risk management considerations and tribal officials raised no related issues or concerns to EPA during or in follow-up to those meetings (Ref. 24). Tribal members were encouraged to provide additional comments after the teleconferences.
                    </P>
                    <HD SOURCE="HD2">G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks</HD>
                    <P>This action is subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is a significant regulatory action under section 3(f)(1) of Executive Order 12866, and EPA believes that the environmental health or safety risk addressed by this action has a disproportionate effect on children due to reproductive and developmental health effects associated with NMP exposure. Accordingly, we have evaluated the environmental health effects of NMP exposure and associated health impacts on children and adults of reproductive age.</P>
                    <P>For infants and males and females of reproductive age, EPA found evidence of reproductive and developmental toxicity. The reproductive and developmental health effects of concern related to exposures to NMP are reduced male fertility and female fecundity and post-implantation loss (resorptions and fetal mortality). The results of this evaluation are in the 2020 Risk Evaluation for NMP (available in the public docket for this action) and in Unit III.A.3 and Unit VI.A.</P>
                    <P>This proposed action is preferred over other regulatory options analyzed because it will reduce to the greatest extent the exposure to NMP for the general population and for potentially exposed or susceptible subpopulations such as children and adults of reproductive age through a combination of prohibition, and prescriptive and non-prescriptive controls, including PPE use.</P>
                    <P>Furthermore, EPA's 2021 Policy on Children's Health also applies to this action. Information on how the Policy was applied is discussed in Unit III.A.3.</P>
                    <HD SOURCE="HD2">H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use</HD>
                    <P>This action is not a “significant energy action” under Executive Order 13211 (66 FR 28355, May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy.</P>
                    <HD SOURCE="HD2">I. National Technology Transfer and Advancement Act (NTTAA)</HD>
                    <P>Pursuant to the NTTAA section 12(d), 15 U.S.C. 272., the Agency has determined that this rulemaking involves environmental monitoring or measurement, specifically for establishing that selected PPE would be impervious for the expected duration and conditions of exposure to NMP. Consistent with the Agency's Performance Based Measurement System (PBMS), the Agency proposes not to require the use of specific, prescribed analytic methods. Rather, the Agency plans to allow the use of any method that meets the prescribed performance criteria. The PBMS approach is intended to be more flexible and cost-effective for the regulated community; it is also intended to encourage innovation in analytical technology and improved data quality. EPA is not precluding the use of any method, whether it constitutes a voluntary consensus standard or not, as long as it meets the performance criteria specified.</P>
                    <P>For this rulemaking, the key consideration for the PBMS approach is the ability to accurately report cumulative permeation rate as a function of time. Some examples of methods which meet the criteria are included in appendix F of the 2020 Risk Evaluation (Ref. 1) and described in Unit VI.A.3. EPA recognizes that there may be voluntary consensus standards that meet the proposed criteria. EPA requests comments on whether it should incorporate such voluntary consensus standards in the rule and seeks information in support of such comments regarding the availability and applicability of voluntary consensus standards that may achieve the sampling and analytical requirements of the rule in lieu of the PBMS approach.</P>
                    <HD SOURCE="HD2">J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Order 14096: Revitalizing Our Nation's Commitment to Environmental Justice for All</HD>
                    <P>EPA believes that the human health or environmental conditions that exist prior to this action result in or have the potential to result in disproportionate and adverse human health or environmental effects on communities with environmental justice concerns in accordance with Executive Orders 12898 (59 FR 7629, February 16, 1994) and 14096 (88 FR 25251, April 26, 2023). As described more fully in the Economic Analysis, EPA conducted an EJ analysis to characterize the baseline conditions faced by communities and workers affected by the regulation to identify the potential for disproportionate impacts on various communities. Informed by the fenceline analysis referenced in Unit VI.A., exposure to NMP is primarily experienced by consumers using NMP-containing products and workers and occupational non-users directly on site. The baseline characterization suggests residents of nearby communities within one mile and three miles are more likely to be People of Color and low-income relative to the general population in affected locations. Workers in the industries assessed, including industrial and miscellaneous chemical and paint, coating and adhesives, are less likely to be People of Color and low-income when analyzed using national industry data; however, local variation is obscured and the use of county-industry data suggests workers in affected counties with basic chemical manufacturing NMP facilities have larger representation of non-White, including Hispanic, workers and female workers ages 25-44. There is possible aggregate exposure concern for nearby communities given clustering of NMP facilities relative to other NMP facilities and possible cumulative exposure concern with nearby clustered TRI facilities that may also release or use other chemicals. Other indicators of cumulative concern include elevated cancer risk and PM 2.5 values for nearby communities one mile and three miles away from NMP facilities. Communities also exhibited slightly elevated perinatal mortality and very low birthweight rates, health end points of concern from NMP exposure. Note, these are indicators and not precise measures of actual risk and data limitations restrict the ability to causally link these health end points to specific facilities or workers (Ref. 1).</P>
                    <P>
                        EPA believes that this action is likely to reduce existing disproportionate and adverse effects on communities with EJ concerns. While the regulatory options are anticipated to address the unreasonable risk from exposure to NMP to the extent necessary so that it is no longer unreasonable, EPA is not able to quantify the distribution of the change in risk across affected workers, communities, or demographic groups. EPA is also unable to quantify the changes in risks to workers, communities, and demographic groups from non-NMP-using technologies or practices that firms may adopt in response to the regulation to determine whether any such changes could pose EJ 
                        <PRTPAGE P="51188"/>
                        concerns. Data limitations that prevent EPA from conducting a more comprehensive analysis are summarized in the Economic Analysis (Ref. 5).
                    </P>
                    <P>EPA additionally identified and addressed EJ concerns by conducting outreach to advocates in affected communities that might be subject to disproportionate exposure to NMP. On July 7, 2021, and July 13, 2021, EPA held public meetings as part of this consultation (Ref. 25). See also Unit III.A.1. These meetings were held pursuant to Executive Order 12898 and Executive Order 14008, entitled “Tackling the Climate Crisis at Home and Abroad” (86 FR 7619, February 1, 2021).</P>
                    <P>Following the EJ meetings, EPA received one written comment, in addition to oral comments provided during the consultations. In general, commenters supported strong outreach to affected communities, encouraged EPA to follow the hierarchy of controls, favored prohibitions, and noted the uncertainty, and in some cases inadequacy, of PPE. Other commenters asked about the Agency's schedule for a proposed rule while reconsidering certain aspects of the 2020 Risk Evaluation. Additionally, commenters expressed concern that the adverse health impacts of NMP, particularly to pregnant people and children and urged EPA to ban the use of NMP in paint and coating removers, for the reasons discussed in this unit EPA is not proposing this ban (Ref. 25).</P>
                    <P>
                        The information supporting this Executive Order review is contained in Units I.E., II.D., III.A.1., VI.A., and in the Economic Analysis (Ref. 5). EPA's presentations and fact sheets for the EJ consultations related to this rulemaking, are available at 
                        <E T="03">https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/materials-june-and-july-2021-environmental-justice.</E>
                         These materials and a summary of the consultation are also available in the public docket for this rulemaking (Ref. 25).
                    </P>
                    <LSTSUB>
                        <HD SOURCE="HED">List of Subjects in 40 CFR Part 751</HD>
                        <P>Environmental protection, Chemicals, Export Notification, Hazardous substances, Import certification, Reporting and recordkeeping.</P>
                    </LSTSUB>
                    <SIG>
                        <NAME>Michael S. Regan,</NAME>
                        <TITLE>Administrator.</TITLE>
                    </SIG>
                    <P>Therefore, for the reasons stated in the preamble, EPA proposes to amend 40 CFR part 751 as follows:</P>
                    <PART>
                        <HD SOURCE="HED">PART 751—REGULATION OF CERTAIN CHEMICAL SUBSTANCES AND MIXTURES UNDER SECTION 6 OF THE TOXIC SUBSTANCES CONTROL ACT</HD>
                    </PART>
                    <AMDPAR>1. The authority citation for part 751 continues to read as follows:</AMDPAR>
                    <AUTH>
                        <HD SOURCE="HED">Authority:</HD>
                        <P> 15 U.S.C. 2605, 15 U.S.C. 2625(l)(4).</P>
                    </AUTH>
                    <AMDPAR>2. Amend § 751.5 by adding in alphabetical order definitions for “Direct dermal contact”, “Exposure group”, and “Restricted area” to read as follows:</AMDPAR>
                    <SECTION>
                        <SECTNO>§ 751.5</SECTNO>
                        <SUBJECT>Definitions.</SUBJECT>
                        <STARS/>
                        <P>
                            <E T="03">Direct dermal contact</E>
                             means direct handling of a chemical substance or mixture or skin contact with surfaces that may be contaminated with a chemical substance or mixture.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Exposure group</E>
                             means a group consisting of every person performing the same or substantially similar operations in each work shift, in each job classification, in each work area where exposure to chemical substances or mixtures is reasonably likely to occur.
                        </P>
                        <STARS/>
                        <P>
                            <E T="03">Restricted area</E>
                             means an area established by the regulated entity to demarcate areas where direct dermal contact with a specific chemical substance may occur.
                        </P>
                        <STARS/>
                    </SECTION>
                    <AMDPAR>3. Add subpart C to read as follows:</AMDPAR>
                    <CONTENTS>
                        <SUBPART>
                            <HD SOURCE="HED">Subpart C—n-Methylpyrrolidone</HD>
                            <SECHD>Sec.</SECHD>
                            <SECTNO>751.201</SECTNO>
                            <SUBJECT>General.</SUBJECT>
                            <SECTNO>751.203</SECTNO>
                            <SUBJECT>Definitions.</SUBJECT>
                            <SECTNO>751.205</SECTNO>
                            <SUBJECT>Prohibitions of manufacturing, processing, distribution in commerce, and use.</SUBJECT>
                            <SECTNO>751.207</SECTNO>
                            <SUBJECT>Concentration limits, container size limits, and labels</SUBJECT>
                            <SECTNO>751.209</SECTNO>
                            <SUBJECT>Workplace Chemical Protection Program.</SUBJECT>
                            <SECTNO>751.211</SECTNO>
                            <SUBJECT>Prescriptive workplace requirements.</SUBJECT>
                            <SECTNO>751.213</SECTNO>
                            <SUBJECT>Recordkeeping requirements.</SUBJECT>
                            <SECTNO>751.215</SECTNO>
                            <SUBJECT>Downstream notification.</SUBJECT>
                            <SECTNO>751.217</SECTNO>
                            <SUBJECT>Mission- or safety-critical uses of paint, coating, or adhesive removers or paints and coatings.</SUBJECT>
                        </SUBPART>
                    </CONTENTS>
                    <SUBPART>
                        <HD SOURCE="HED">Subpart C—n-Methylpyrrolidone (NMP)</HD>
                        <SECTION>
                            <SECTNO>§ 751.201</SECTNO>
                            <SUBJECT>General.</SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Applicability.</E>
                                 This subpart establishes prohibitions and restrictions on the manufacture (including import), processing, distribution in commerce, use, and disposal of n-methylpyrrolidone (CASRN 872-50-4) (NMP), to prevent unreasonable risks of injury to health in accordance with TSCA section 6(a).
                            </P>
                            <P>
                                (b) 
                                <E T="03">De minimis level.</E>
                                 Unless otherwise specified in this subpart prohibitions and restrictions of this subpart do not apply to products containing NMP at levels less than 0.1 percent by weight.
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 751.203</SECTNO>
                            <SUBJECT>Definitions.</SUBJECT>
                            <P>The definitions in subpart A of this part apply to this subpart unless otherwise specified in this section. In addition, the following definitions apply:</P>
                            <P>
                                <E T="03">Distribute in commerce</E>
                                 has the same meaning as in section 3 of the Act, except that the term does not include retailers for purposes of § 751.213.
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 751.205</SECTNO>
                            <SUBJECT>Prohibitions of manufacturing, processing, distribution in commerce, and use.</SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Applicability.</E>
                                 The provisions of this section apply to the following, as indicated in each paragraph of this section:
                            </P>
                            <P>(1) Processing incorporation into articles in lubricants and lubricant additives in machinery manufacturing.</P>
                            <P>(2) Industrial and commercial conditions of use:</P>
                            <P>(i) Industrial and commercial use in anti-freeze and de-icing products, automotive care products, and lubricants and greases;</P>
                            <P>(ii) Industrial and commercial use in metal products not covered elsewhere and lubricant and lubricant additives including hydrophilic coatings;</P>
                            <P>(iii) Industrial and commercial use in cleaning and degreasing, and cleaning and furniture care products, including wood cleaners and gasket removers; and</P>
                            <P>(iv) Industrial and commercial uses in fertilizer and other agricultural chemical manufacturing-processing aids and solvents.</P>
                            <P>
                                (b) 
                                <E T="03">Prohibitions.</E>
                                 (1) After [DATE 12 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ], all persons are prohibited from manufacturing (including importing) NMP for the uses listed in paragraphs (a)(1) and (2) of this section.
                            </P>
                            <P>
                                (2) After [DATE 15 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ], all persons are prohibited from processing NMP, including any NMP-containing products, for the conditions of use listed in paragraphs (a)(1) and (2) of this section.
                            </P>
                            <P>
                                (3) After [DATE 18 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ], all persons are prohibited from distributing in commerce (including making available) NMP, including any NMP-containing products, to retailers for the conditions 
                                <PRTPAGE P="51189"/>
                                of use listed in paragraph (a)(2) of this section.
                            </P>
                            <P>
                                (4) After [DATE 21 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ], all persons and retailers are prohibited from distributing in commerce (including making available) NMP, including any NMP containing products, for the conditions of use listed in paragraph (a)(2) of this section.
                            </P>
                            <P>
                                (5) After [DATE 24 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ], all persons are prohibited from industrial and commercial use of NMP, including any NMP-containing products, for the conditions of use listed in paragraphs (a)(2) of this section.
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 751.207</SECTNO>
                            <SUBJECT>Concentration limits, container size limits, and labels.</SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Applicability.</E>
                                 The provisions of this section apply to the following, as indicated in each paragraph of this section.
                            </P>
                            <P>(1) Processing incorporation into articles in paint additives and coating additives in transportation equipment manufacturing.</P>
                            <P>(2) Industrial and commercial conditions of use:</P>
                            <P>(i) Industrial and commercial use in paints, coatings, and adhesive removers, except for paint, coating, and adhesive removers for mission- or safety-critical components of aircraft, spacecraft, and vessels that are owned or operated by the U.S. Department of Defense and the National Aeronautics and Space Administration used in accordance with the requirements listed in § 751.217;</P>
                            <P>(ii) Industrial and commercial use in paints and coatings in lacquers, stains, varnishes, primers and floor finishes, and powder coatings in surface preparation, except for paints and coatings for mission- or safety-critical components of aircraft, spacecraft, and vessels that are owned or operated by the U.S. Department of Defense and the National Aeronautics and Space Administration used in accordance with the requirements listed in § 751.217;</P>
                            <P>(iii) Industrial and commercial use in paint additives and coating additives in construction, fabricated metal product manufacturing, machinery manufacturing, other manufacturing, paint and coating manufacturing, primary metal manufacturing, transportation equipment manufacturing, wholesale and retail trade;</P>
                            <P>(iv) Industrial and commercial use in adhesives and sealants including binding agents, single component glues and adhesives, including lubricant adhesives and two component glues and adhesives including some resins, excluding industrial and commercial use in specific adhesives and sealants in glues and adhesives, including lubricant adhesives and sealants for aviation parts;</P>
                            <P>(v) Industrial and commercial use in ink, toner, and colorant products in printer ink; and</P>
                            <P>(vi) Industrial and commercial use in soldering materials;</P>
                            <P>(3) Consumer conditions of use:</P>
                            <P>(i) Consumer use in paint and coating removers;</P>
                            <P>(ii) Consumer use in adhesive removers;</P>
                            <P>(iii) Consumer use in paints and coatings in lacquer, stains, varnishes, primers and floor finishes;</P>
                            <P>(iv) Consumer use in paint additives and coating additives in paints and arts and crafts paints;</P>
                            <P>(v) Consumer use in automotive care products;</P>
                            <P>(vi) Consumer use in cleaning and furniture care products, including wood cleaners, gasket removers;</P>
                            <P>(vii) Consumer use in lubricant and lubricant additives, including hydrophilic coatings; and</P>
                            <P>(viii) Consumer use in adhesives and sealants in glues and adhesives, including lubricant adhesives.</P>
                            <P>
                                (b) 
                                <E T="03">Concentration limits.</E>
                                 (1) Beginning [DATE 12 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ] all persons are prohibited from importing NMP formulations and products containing:
                            </P>
                            <P>(i) More than 45 percent by weight of NMP for the conditions of use listed in paragraphs (a)(1), (a)(2)(ii) through (iv), and (a)(3)(viii) of this section with more than 45 percent by weight of NMP.</P>
                            <P>(ii) More than 30 percent by weight of NMP for the conditions of use listed in paragraph (a)(2)(i) of this section.</P>
                            <P>(iii) More than 5 percent by weight of NMP for the condition of use listed in paragraph (a)(2)(v) of this section.</P>
                            <P>(iv) More than 1 percent by weight of NMP for the condition of use listed in paragraph (vi) of this section.</P>
                            <P>
                                (2) Beginning [DATE 15 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ] all persons are prohibited from processing NMP into formulations and products containing:
                            </P>
                            <P>(i) More than 45 percent by weight of NMP for the conditions of use listed in paragraphs (a)(1), (a)(2)(ii) though (iv) and (a)(3)(viii) of this section with more than 45 percent by weight of NMP.</P>
                            <P>(ii) More than 30 percent by weight of NMP for the conditions of use listed in paragraph (a)(2)(i) of this section.</P>
                            <P>(iii) More than 5 percent by weight of NMP for the condition of use listed in paragraph (a)(2)(v) of this section.</P>
                            <P>(iv) More than 1 percent by weight of NMP for the condition of use listed in paragraph (a)(2)(vi) of this section.</P>
                            <P>
                                (3) After [DATE 18 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ], all persons are prohibited from distributing in commerce (including making available) NMP and NMP-containing products to retailers for:
                            </P>
                            <P>(i) More than 45 percent by weight of NMP the conditions of use listed in paragraphs (a)(1), (a)(2)(ii) through (iv), and (a)(3)(viii) of this section.</P>
                            <P>(ii) More than 30 percent by weight of NMP for the conditions of use listed in paragraph (a)(2)(i) of this section.</P>
                            <P>(iii) More than 5 percent by weight of NMP for the condition of use listed in paragraph (a)(2)(v) of this section.</P>
                            <P>(iv) More than 1 percent by weight of NMP for the condition of use listed in paragraph (a)(2)(vi) of this section.</P>
                            <P>
                                (4) After [DATE 21 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ], all persons are prohibited from distributing in commerce (including making available) NMP and NMP-containing products containing:
                            </P>
                            <P>(i) More than 45 percent by weight of NMP for the conditions of use listed in paragraphs (a)(1), (a)(2)(ii) through (iv), and (a)(3)(viii) of this section.</P>
                            <P>(ii) More than 30 percent by weight of NMP for the condition of use listed in paragraph (a)(2)(i) of this section.</P>
                            <P>(iii) More than 5 percent by weight of NMP for the condition of use listed in paragraph (a)(2)(v) of this section.</P>
                            <P>(iv) More than 1 percent by weight of NMP and for the condition of use listed in paragraph (a)(2)(vi) of this section.</P>
                            <P>
                                (5) After [DATE 24 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ], all persons are prohibited from commercial use of NMP and NMP-containing products containing:
                            </P>
                            <P>(i) More than 45 percent by weight of NMP for the conditions of use listed in paragraphs (a)(1) and (a)(2)(ii) through (iv) of this section.</P>
                            <P>(ii) More than 30 percent by weight of NMP for the condition of use listed in paragraph (a)(2)(i) of this section.</P>
                            <P>(iii) More than 5 percent by weight of NMP for the condition of use listed in paragraph (a)(2)(v) of this section.</P>
                            <P>(iv) More than 1 percent by weight of NMP and for the condition of use listed in paragraph (a)(2)(vi) of this section.</P>
                            <P>
                                (c) 
                                <E T="03">Container size restrictions and labels.</E>
                                 (1) After [DATE 12 MONTHS AFTER THE DATE OF PUBLICATION 
                                <PRTPAGE P="51190"/>
                                OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ], all persons, including retailers, are prohibited from processing and distributing in commerce (including making available) NMP or NMP-containing products in containers with a volume more than 16 ounces for the conditions of use listed in paragraphs (a)(3)(i) through (vii) of this section.
                            </P>
                            <P>
                                (2) After [DATE 12 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ], all processors and distributors in commerce of NMP or NMP-containing products for the conditions of use listed in paragraphs (a)(3)(i) through (vii) of this section must provide a label securely attached to each product. Label information must be prominently displayed and in an easily readable font size, with the sentence “This product is only for sale in containers of 16 ounces or less and is for consumer use only” in bold print or a larger font for emphasis. Each label must contain the following text:
                            </P>
                            <EXTRACT>
                                <P>
                                    This product contains n-methylpyrrolidone (NMP) (CASRN 872-50-4), also called n-methyl-2-pyrrolidone or 1-methyl-2-pyrrolidone, a chemical determined by the Environmental Protection Agency to present unreasonable risk of injury to health under the Toxic Substances Control Act (TSCA), based on developmental and reproductive effects. The use of NMP is restricted under 40 CFR part 751, subpart C. 
                                    <E T="03">This product is only for sale in containers of 16 ounces or less and is for consumer use only.</E>
                                     This product shall not be used for commercial purposes.
                                </P>
                            </EXTRACT>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 751.209</SECTNO>
                            <SUBJECT>Workplace Chemical Protection program.</SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Applicability.</E>
                                 The provisions of this section apply to workplaces engaged in the following conditions of use of NMP, unless otherwise indicated:
                            </P>
                            <P>(1) Manufacturing (domestic manufacture).</P>
                            <P>(2) Manufacturing (import).</P>
                            <P>(3) All processing, except for the following:</P>
                            <P>(i) The processing described in § 751.205(a);</P>
                            <P>(ii) The processing described in § 751.207(a); and</P>
                            <P>(iii) The processing described in § 751.211(a).</P>
                            <P>(4) All industrial and commercial use, except for the following:</P>
                            <P>(i) Those industrial and commercial uses presented in § 751.205(a);</P>
                            <P>(ii) Those industrial and commercial uses presented in § 751.207(a); and</P>
                            <P>(iii) Those industrial and commercial uses presented in § 751.211(a).</P>
                            <P>(5) Disposal.</P>
                            <P>
                                (b) 
                                <E T="03">Direct Dermal Contact Controls (DDCC).</E>
                                 The provisions of this paragraph (b) apply to any workplace engaged in the conditions of use listed in paragraph (a) of this section.
                            </P>
                            <P>
                                (1) Beginning [DATE 36 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ] for Federal agencies and Federal contractors acting for or on behalf of the Federal Government, [DATE 12 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ] for other owners and operators, or within 30 days of introduction of NMP into the workplace, owners or operators must ensure that all persons are separated, distanced, physically removed, or isolated from direct dermal contact with NMP in accordance with the requirements of paragraph (c)(1)(i) of this section and, if necessary, paragraph (e) of this section.
                            </P>
                            <P>(2) Owners or operators must comply with all applicable provisions of paragraphs (c) through (f) of this section.</P>
                            <P>
                                (c) 
                                <E T="03">Exposure control procedures and plan</E>
                                —(1) 
                                <E T="03">Methods of compliance.</E>
                                 (i) The owner or operator must institute one or a combination of elimination, substitution, engineering controls, or administrative controls to prevent all persons from direct dermal contact with NMP except to the extent that the owner or operator can demonstrate that such controls are not feasible.
                            </P>
                            <P>(ii) Wherever the feasible exposure controls, including one or a combination of elimination, substitution, engineering controls or administrative controls, required under paragraph (c)(1)(i) of this section, which can be instituted are not sufficient to prevent direct dermal contact, the owner or operator must use them to reduce direct dermal contact to the extent achievable and must supplement those controls with the use of dermal PPE that complies with the requirements of paragraph (e) of this section. Where an owner or operator cannot demonstrate direct dermal contact is prevented, including through the use of engineering controls or work practices, and has not demonstrated that it has supplemented feasible exposure controls with sufficient dermal PPE that complies with the requirements of paragraph (e) of this section, this will constitute a failure to comply with the direct dermal contact control requirements.</P>
                            <P>(iii) The owner or operator must maintain the effectiveness of engineering controls and administrative controls instituted under paragraph (c)(1)(i) of this section.</P>
                            <P>(iv) The owner or operator must document their exposure control strategy and implementation in an exposure control plan in accordance with paragraph (c)(2) of this section.</P>
                            <P>
                                (2) 
                                <E T="03">Exposure control plan requirements.</E>
                                 Beginning [DATE 36 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ] for Federal agencies and Federal contractors acting for or on behalf of the Federal Government, or [DATE 12 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ] for other owners and operators, owners and operators must include and document in an exposure control plan the following:
                            </P>
                            <P>(i) Identification and rationale of exposure controls used or not used in the following sequence: elimination of NMP, substitution of NMP, engineering controls and administrative controls to prevent or reduce direct dermal contact with NMP in the workplace;</P>
                            <P>(ii) The exposure controls selected based on feasibility, effectiveness, and other relevant considerations;</P>
                            <P>(iii) If exposure controls were not selected, document the efforts identifying why these are not feasible, not effective, or otherwise not implemented;</P>
                            <P>(iv) Actions taken to implement exposure controls selected, including proper installation, maintenance, training, or other steps taken;</P>
                            <P>(v) Description of any restricted areas and how it is demarcated, and identification of authorized persons; and description of when the owner or operator expects exposures may be likely to result in direct dermal contact;</P>
                            <P>(vi) Regular inspections, evaluations, and updating of the exposure controls to ensure effectiveness and confirmation that all persons are implementing them as required;</P>
                            <P>(vii) Occurrence and duration of any start-up, shutdown, or malfunction of the facility that causes any direct dermal contact with NMP and subsequent corrective actions taken during start-up, shutdown, or malfunctions to mitigate exposures to NMP; and</P>
                            <P>(viii) Availability of the exposure control plan and associated records for potentially exposed persons.</P>
                            <P>
                                (d) 
                                <E T="03">Restricted areas.</E>
                                 (1) Beginning [DATE 36 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ] for Federal agencies and Federal contractors acting for or on behalf of the Federal Government, or [DATE 12 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ] for other owners and operators, the owner or 
                                <PRTPAGE P="51191"/>
                                operator who has implemented all feasible engineering, work practice and administrative controls as required in paragraph (b) of this section wherever direct dermal contact with NMP may occur must establish a restricted area.
                            </P>
                            <P>(2) The owner or operator must limit access to restricted areas to authorized persons.</P>
                            <P>(3) The owner or operator must demarcate restricted areas from the rest of the workplace in a manner that adequately establishes and alerts persons to the boundaries of the restricted area and minimizes the number of authorized persons exposed to NMP within the restricted area.</P>
                            <P>(4) Whenever any direct dermal contact with NMP may occur within the restricted area the owner or operator must supply and ensure all persons are using dermal PPE that complies with the requirements of paragraph (e) of this section.</P>
                            <P>(5) The owner or operator must ensure that, within a restricted area, persons do not engage in non-work activities that may increase direct dermal contact exposure to NMP.</P>
                            <P>
                                (e) 
                                <E T="03">Personal Protective Equipment (PPE).</E>
                                 (1) The provisions of this paragraph (e) apply to any owner or operator that is required to provide dermal protection pursuant to paragraph (c) of this section or respiratory protection pursuant to § 751.211(b)(2).
                            </P>
                            <P>(2) PPE, including respiratory and dermal protection, that is of safe design and construction for the work to be performed must be provided, used, and maintained in a sanitary, reliable, and undamaged condition. Owners and operators must select PPE that properly fits each affected person and communicate PPE selections to each affected person.</P>
                            <P>(3) Owners and operators must provide PPE training in accordance with 29 CFR 1910.132(f) to all persons required to use PPE prior to or at the time of initial assignment to a job involving potential exposure to NMP. For the purposes of this paragraph (e)(3) of this section, provisions in 29 CFR 1910.132(f) applying to an “employee” also apply equally to potentially exposed persons, and provisions applying to an “employer” also apply equally to owners or operators.</P>
                            <P>(4) Owners and operators must retrain each potentially exposed person required to use PPE annually or whenever the owner or operator has reason to believe that a previously trained person does not have the required understanding and skill to properly use PPE, or when changes in the workplace or in PPE to be used render the previous training obsolete.</P>
                            <P>(5) Dermal protection:</P>
                            <P>(i) The owner or operator must supply and require the donning of dermal PPE that provides an impermeable barrier to prevent direct dermal contact with NMP in the specific work area where it is selected for use, selected in accordance with this paragraph, to each person who is reasonably likely to be dermally exposed in the work area through direct dermal contact with NMP.</P>
                            <P>(ii) Owners or operators must select and provide dermal PPE as specified in this paragraph (e)(5), and in accordance with 29 CFR 1910.133(b), to each person who is reasonably likely to be dermally exposed in the work area through direct dermal contact with NMP. For the purposes of this paragraph (e)(5)(ii), the provisions in 29 CFR 1910.133(b) applying to an “employer” also apply equally to owners or operators.</P>
                            <P>(iii) Owners or operators must select and provide to persons appropriate dermal PPE based on an evaluation of the performance characteristics of the PPE relative to the task(s) to be performed, conditions present, and the duration of use. Such appropriate dermal PPE must at minimum include, but is not limited to, the following items:</P>
                            <P>(A) Impervious gloves selected based on specifications from the manufacturer or supplier.</P>
                            <P>
                                (B) Impervious clothing covering the exposed areas of the body (
                                <E T="03">e.g.,</E>
                                 long pants, long sleeved shirt).
                            </P>
                            <P>(iv) Owners or operators must demonstrate that each item of gloves and other clothing selected provides an impervious barrier to prevent direct dermal contact with NMP during normal and expected duration and conditions of exposure within the work area by evaluating the specifications from the manufacturer or supplier of the clothing, or of the material used in construction of the clothing, to establish that the clothing will be impervious to NMP alone, NMP-containing formulations, and in likely combination with other chemical substances in the work area.</P>
                            <P>(6) Respiratory protection:</P>
                            <P>(i) The owner or operator must supply a respirator in accordance with § 751.211(b) and ensure that all persons using NMP-containing products for those uses specified therein are using the provided respirators.</P>
                            <P>(ii) Owners or operators must provide respiratory protection in accordance with the provisions outlined in 29 CFR 1910.134(a) through (l) (except paragraphs (d)(1)(iii) and (d)(3)(i)(B)) and as specified in this paragraph (e). For the purposes of this paragraph (e), provisions in 29 CFR 1910.134(a) through (l) (except (d)(1)(iii) and (d)(3)(i)(B)) applying to an “employee” also apply equally to potentially exposed persons, and provisions applying to an “employer” also apply equally to owners or operators.</P>
                            <P>(iii) The respiratory protection requirements in § 751.211(b) represent the minimum respiratory protection requirements, such that any respirator affording a higher degree of protection than the required respirator may be used.</P>
                            <P>
                                (f) 
                                <E T="03">Workplace information and training.</E>
                                 (1) The owner or operator must provide information and training for each person prior to or at the time of initial assignment to a job involving potential exposure to NMP.
                            </P>
                            <P>(2) The owner or operator must ensure that information and training is presented in a manner that is understandable to each person required to be trained.</P>
                            <P>(3) The following information and training must be provided to all persons assigned to a job involving potential exposure to NMP:</P>
                            <P>(i) The requirements of this paragraph (f), as well as a means to access or obtain a copy of these requirements in the workplace;</P>
                            <P>(ii) The quantity, location, manner of use, release, and storage of NMP and the specific operations in the workplace that could result in exposure to NMP, particularly noting where there is potential for direct dermal contact or inhalation exposure with NMP;</P>
                            <P>(iii) The principles of safe use and handling of NMP and measures potentially exposed persons can take to protect themselves from NMP, including specific procedures the owner or operator has implemented to protect potentially exposed persons from exposure to NMP, such as appropriate work practices, emergency procedures, and PPE to be used;</P>
                            <P>(iv) Methods and observations that may be used to detect the presence or release of NMP in the workplace; and</P>
                            <P>(v) The health hazards of NMP in the workplace.</P>
                            <P>(4) The owner or operator must re-train each potentially exposed person annually to ensure that each such person maintains the requisite understanding of the principles of safe use and handling of NMP in the workplace.</P>
                            <P>
                                (5) Whenever there are workplace changes, such as modifications of tasks or procedures or the institution of new tasks or procedures, that increase potential for direct dermal contact or inhalation exposures, the owner or operator must update the training as necessary to ensure that each potentially 
                                <PRTPAGE P="51192"/>
                                exposed person has the requisite proficiency.
                            </P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 751.211</SECTNO>
                            <SUBJECT>Prescriptive workplace requirements.</SUBJECT>
                            <P>
                                (a) 
                                <E T="03">Applicability.</E>
                                 The provisions of this section apply to the workplaces engaged in the following conditions of use of NMP, unless otherwise indicated: (1) Processing incorporation into articles in paint additives and coating additives in transportation equipment manufacturing.
                            </P>
                            <P>(2) Industrial and commercial conditions of use:</P>
                            <P>(i) Industrial and commercial use in paints, coatings, and adhesive removers, except for those used listed in § 751.217(a);</P>
                            <P>(ii) Industrial and commercial use in paints and coatings in lacquers, stains, varnishes, primers and floor finishes, and powder coatings in surface preparation, except for those used listed in § 751.217(a);</P>
                            <P>(iii) Industrial and commercial use in paint additives and coating additives in construction, fabricated metal product manufacturing, machinery manufacturing, other manufacturing, paint and coating manufacturing, primary metal manufacturing, transportation equipment manufacturing, wholesale, and retail trade;</P>
                            <P>(iv) Industrial and commercial use in adhesives and sealants including binding agents, single component glues and adhesives, including lubricant adhesives and two component glues and adhesives including some resins, excluding industrial and commercial use in specific adhesives and sealants in glues and adhesives, including lubricant adhesives and sealants for aviation parts;</P>
                            <P>(v) Industrial and commercial use in ink, toner, and colorant products in printer ink; and</P>
                            <P>(vi) Industrial and commercial use in soldering materials.</P>
                            <P>
                                (b) 
                                <E T="03">Prescriptive controls</E>
                                —
                                <E T="03">Applicability.</E>
                                 (1) The provisions of this paragraph (b) apply to any workplace engaged in the conditions of use listed in paragraph (a) of this section. (2) 
                                <E T="03">Personal Protective Equipment (PPE).</E>
                                 (i) The provisions of this paragraph (b) apply after [DATE 12 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ] (ii) For the conditions of use listed in paragraphs (a)(1) and (a)(2)(ii) through (iv) of this section, owners or operators must ensure that all persons using NMP-containing products are provided with dermal protective equipment as required in § 751.209(e)(2) and (5), any NIOSH Approved® air-purifying respirator equipped with organic vapor cartridges or canisters (minimum APF 10) as required in § 751.209(e)(6), and training on proper use of PPE as required in § 751.209(e)(3) and (4).
                            </P>
                            <P>(A) For the condition of use listed in paragraph (a)(2)(i) of this section, owners or operators must ensure that all persons using NMP-containing products are provided with dermal protective equipment as required in § 751.209(e)(2) and (5), any NIOSH Approved® air-purifying respirator equipped with organic vapor cartridges or canisters; any NIOSH Approved® powered air-purifying respirator equipped with organic vapor cartridges; or any NIOSH Approved® continuous flow supplied air respirator equipped with a hood or helmet (minimum APF 25) as required in § 751.209(e)(6), and training on proper use of PPE as required in § 751.209(e)(3) and (4).</P>
                            <P>(B) For the conditions of use listed in paragraphs (a)(2)(v) and (vi) of this section, owners or operators must ensure that all persons using NMP-containing products are provided with dermal protective equipment as required in § 751.209(e)(2) and (5) and training on proper use of PPE as required in § 751.209(e)(3) and (4).</P>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 751.213</SECTNO>
                            <SUBJECT>Recordkeeping requirements.</SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General records.</E>
                                 After [DATE 60 DAYS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ], all persons who manufacture, process, distribute in commerce, or engage in industrial or commercial use of NMP or NMP-containing products must maintain ordinary business records, such as invoices and bills-of-lading related to compliance with the prohibitions, restrictions, and other provisions of this subpart.
                            </P>
                            <P>
                                (b) 
                                <E T="03">Workplace Chemical Protection Program (WCPP) compliance</E>
                                —(1) 
                                <E T="03">DDCC compliance.</E>
                                 Owners or operators subject to DDCC requirements described in § 751.209(b) must retain records of:
                            </P>
                            <P>(i) Exposure control plan as described in § 751.209(c);</P>
                            <P>(ii) Dermal protection used by each potentially exposed person and PPE program implementation as described in § 751.209(e), including:</P>
                            <P>(A) The name, workplace address, work shift, job classification, and work area of each person reasonably likely to directly handle NMP or handle equipment or materials on which NMP may present and the type of PPE selected to be worn by each of these persons;</P>
                            <P>
                                (B) The basis for specific PPE selection (
                                <E T="03">e.g.,</E>
                                 demonstration based on permeation testing or manufacturer specifications that each item of PPE selected provides an impervious barrier to prevent exposure during expected duration and conditions of exposure, including the likely combinations of chemical substances to which the PPE may be exposed in the work area);
                            </P>
                            <P>(C) Appropriately sized PPE and training on proper application, wear, and removal of PPE, and proper care/disposal of PPE;</P>
                            <P>(D) Occurrence and duration of any direct dermal contact with NMP that occurs during any activity or malfunction at the workplace that causes direct dermal exposures to occur and/or glove breakthrough, and corrective actions to be taken during and immediately following that activity or malfunction to prevent direct dermal contact to NMP; and</P>
                            <P>(E) Training in accordance with § 751.209(e)(3).</P>
                            <P>(iii) Information and training provided by the regulated entity to each person prior to or at the time of initial assignment to a job involving potential direct dermal contact with NMP and any re-training as required in § 751.209(f).</P>
                            <P>
                                (2) 
                                <E T="03">Workplace participation.</E>
                                 Owners or operators must document the notice to and ability of any potentially exposed person to NMP direct dermal contact exposure to readily access the exposure control plans, facility exposure monitoring records, PPE program implementation, or any other information relevant to NMP exposure in the workplace. (c) 
                                <E T="03">Prescriptive requirements.</E>
                                 Owners and operators subject to the requirements described in § 751.207 and § 751.211 must retain records of: (1) Documentation identifying implementation of and compliance with the concentration limits listed in § 751.207(b);
                            </P>
                            <P>(2) Dermal protection used by each potentially exposed person as described in § 751.211(b) and PPE program implementation, as described in § 751.209(e); and</P>
                            <P>(3) Respiratory protection used by each potentially exposed person as described in § 751.211(b) and (vi) and PPE program implementation, as described in § 751.209(e).</P>
                            <P>
                                (d) 
                                <E T="03">Additional recordkeeping for mission- or safety-critical uses of paint, coating, or adhesive removers or paints and coatings.</E>
                                 (1) Owners and operators subject to the requirements described in § 751.217 must retain the following: (i) Each self-certification statement for each facility that is self-certifying, including:
                            </P>
                            <P>
                                (A) The written statement required by § 751.217(b)(2)(i);
                                <PRTPAGE P="51193"/>
                            </P>
                            <P>(B) Printed name and signature, job classification, email address and phone number of the owner or operator who is self-certifying;</P>
                            <P>(C) Date of self-certification; and</P>
                            <P>(D) Name and address of the facility.</P>
                            <P>(ii) All records required by paragraphs (a) and (b) of this section.</P>
                            <P>(2) Sellers and distributors of NMP subject to the requirements described in § 751.217 must also retain the following:</P>
                            <P>(i) Invoices that include:</P>
                            <P>(A) Name of facility;</P>
                            <P>(B) Name of owner or operator who is self-certifying;</P>
                            <P>(C) Date of sale; and</P>
                            <P>(D) Quantity of NMP being purchased, and concentration by weight of NMP if applicable in NMP-containing products.</P>
                            <P>(ii) Self-certification statement for each purchase of NMP.</P>
                            <P>(iii) Copies of the downstream notifications required by § 751.217(b)(5).</P>
                            <P>(iv) Copies of the labels required by § 751.217(b)(6).</P>
                            <P>
                                (e) 
                                <E T="03">Retention.</E>
                                 Persons required to maintain records required under this section for a period of 5 years from the date that such records were generated. 751.215Downstream notification.
                            </P>
                            <P>
                                (a) Beginning on [DATE 2 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ], each person who manufactures (including imports) NMP for any condition of use specified in §§ 751.209 and 751.211, except for those specified in § 751.217 must, prior to or concurrent with the shipment, notify companies to whom NMP is shipped, in writing, of the restrictions described in this subpart in accordance with paragraph (c) of this section.
                            </P>
                            <P>
                                (b) Beginning on [DATE 6 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                <E T="04">FEDERAL REGISTER</E>
                                ], each person who processes or distributes in commerce NMP or any NMP-containing products for any condition of use specified in § 751.209 and § 751.211, except for those specified in § 751.217 must, prior to or concurrent with the shipment, notify companies to whom NMP is shipped, in writing, of the restrictions described in this subpart in accordance with paragraph (c) of this section.
                            </P>
                            <P>(c) The notification required under paragraphs (a) and (b) of this section must occur by inserting the following text in section 1(c) and 15 of the Safety Data Sheet (SDS) provided with the NMP or with any NMP-containing product:</P>
                            <EXTRACT>
                                <P>
                                    After [DATE 21 MONTHS AFTER THE DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                    <E T="04">FEDERAL REGISTER</E>
                                    ], this chemical/product cannot be distributed in commerce or processed with a concentration of NMP greater than 0.1% by weight for the following purposes: Processing incorporation into articles in lubricants and lubricant additives in machinery manufacturing; Industrial and commercial use in anti-freeze and de-icing products, automotive care products, and lubricants and greases; Industrial and commercial use in metal products not covered elsewhere and lubricant and lubricant additives including hydrophilic coatings; Industrial and commercial use in cleaning and degreasing, and cleaning and furniture care products, including wood cleaners and gasket removers; and Industrial and commercial uses in fertilizer and other agricultural chemical manufacturing-processing aids and solvents.
                                </P>
                            </EXTRACT>
                        </SECTION>
                        <SECTION>
                            <SECTNO>§ 751.217</SECTNO>
                            <SUBJECT>Mission- or safety-critical uses of paint, coating, or adhesive removers or paints and coatings.</SUBJECT>
                            <P>
                                (a) 
                                <E T="03">General.</E>
                                 To be eligible to use NMP in paint, coating, and adhesive removers and paints and coatings at concentrations higher than those prohibited under 751.207(b), regulated parties must comply with all conditions in this section. The following uses are covered by this section: (1) Import, processing, distribution in commerce, and use of paints and coatings with more than 45 percent by weight of NMP, for mission- or safety-critical components of aircraft, spacecraft, and vessels that are owned or operated by the U.S. Department of Defense and the National Aeronautics and Space Administration. (2) Import, processing, distribution in commerce, and use of paint, coating, and adhesive removers with more than 30 percent by weight of NMP for mission- or safety-critical components of aircraft, spacecraft, and vessels that are owned or operated by the U.S. Department of Defense and the National Aeronautics and Space Administration.
                            </P>
                            <P>
                                (b) 
                                <E T="03">Conditions</E>
                                —(1) 
                                <E T="03">Personnel and location.</E>
                                 The commercial uses listed in paragraph (a) of this section must be performed by agency employees or agency contractor employees at locations controlled by the agency or the agency's contractor.
                            </P>
                            <P>
                                (2) 
                                <E T="03">Self-certification.</E>
                                 The owner or operator purchasing and using NMP for the conditions of use listed in paragraph (a) of this section must self-certify each location controlled by the agency or the agency's contractor for those uses.
                            </P>
                            <P>(i) The self-certification must include the following written statement:</P>
                            <EXTRACT>
                                <P>I certify each of the following statements under penalty of law. This document was prepared under my direction and supervision. The facility in which this product will be used is a Federal installation, a Federal industrial facility, or a Federal contractor facility performing paint or coating work, or paint, coating, or adhesive removal work for DOD and NASA projects. This facility's implementation of the Workplace Chemical Protection Program (WCPP) for NMP was evaluated by qualified personnel and that this facility has implemented and complies with the WCPP for NMP. Based on my inquiry of the person or persons who manage the facility and/or those persons directly responsible for implementing the NMP WCPP, and to the best of my knowledge and belief, the facility is implementing the NMP WCPP, including the exposure control plan and other proper documentation of the actions taken is available at the facility upon request. I am aware that there are significant penalties, including the possibility of civil penalties for failing to comply with these requirements and criminal penalties, including fines and imprisonment, for knowingly failing to comply with these requirements. I understand that this certification shall serve as a certification that this facility will properly implement and comply with the WCPP for NMP consistent with the applicable regulatory timelines.</P>
                            </EXTRACT>
                            <P>(ii) The self-certification must also include the following:</P>
                            <P>(A) Printed name and signature, job classification, title, email address, and phone number of the owner or operator who is self-certifying;</P>
                            <P>(B) Date of self-certification;</P>
                            <P>(C) Name and address of the facility; and</P>
                            <P>(D) An indication of whether this is the facility's first purchase of NMP, after [DATE OF PUBLICATION OF THE FINAL RULE].</P>
                            <P>(iii) Owners or operators must provide a copy of the self-certification statement for each facility to the distributor from whom NMP is being purchased, for every purchase.</P>
                            <P>(iv) Distributors of NMP must review the self-certification statement to ensure it is appropriately completed to include the owner or operator's and the facility's information required by this section.</P>
                            <P>
                                (3) 
                                <E T="03">Workplace chemical protection program.</E>
                                 The owner or operator of the locations processing or engaging in the commercial uses listed in paragraph (a) of this section must comply with the Workplace Chemical Protection Program provisions in described in § 751.209.
                            </P>
                            <P>
                                (4) 
                                <E T="03">Recordkeeping.</E>
                                 The owner or operator of the locations processing or engaging in the commercial uses listed in paragraph (b) of this section must comply with the recordkeeping requirements in § 751.213.
                            </P>
                            <P>
                                (5) 
                                <E T="03">Downstream notification.</E>
                                 All importers, processors and distributors in commerce of NMP for the uses listed in paragraph (a) of this section must provide downstream notification of the restrictions on use of these products by adding the following language to sections 1(c) and 15 of the SDS:
                            </P>
                            <EXTRACT>
                                <PRTPAGE P="51194"/>
                                <P>
                                    After [DATE 21 MONTHS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN THE 
                                    <E T="04">FEDERAL REGISTER</E>
                                    ], this chemical/product is and can only be distributed in commerce or processed for the following purposes: paints and coatings or paint, coating, or adhesive removal by the Department of Defense (DOD), the National Aeronautics and Space Administration (NASA), or their contractors, at Federal installations, Federal industrial facilities, or at Federal contractor facilities performing work only for DOD and NASA projects.
                                </P>
                            </EXTRACT>
                            <P>
                                (6) 
                                <E T="03">Labeling.</E>
                                 All processors and distributors in commerce of NMP or NMP-containing products for the conditions of use listed in paragraph (a) of this section must provide a label securely attached to each product. Label information must be prominently displayed and in an easily readable font size. Each label must contain the following text:
                            </P>
                            <EXTRACT>
                                <P>This product contains n-methylpyrrolidone (NMP), a chemical determined by the Environmental Protection Agency to present unreasonable risk of injury to health under Section 6 of the Toxic Substances Control Act, based on developmental and reproductive effects. This product containing NMP is restricted under 40 CFR part 751, subpart C. This product is only for sale and can only be used by the Department of Defense (DOD), the National Aeronautics and Space Administration (NASA), or their contractors, at Federal installations, Federal industrial facilities, or at Federal contractor facilities performing work only for DOD and NASA projects.</P>
                            </EXTRACT>
                        </SECTION>
                    </SUBPART>
                </SUPLINF>
                <FRDOC>[FR Doc. 2024-12643 Filed 6-13-24; 8:45 am]</FRDOC>
                <BILCOD> BILLING CODE 6560-50-P</BILCOD>
            </PRORULE>
        </PRORULES>
    </NEWPART>
    <VOL>89</VOL>
    <NO>116</NO>
    <DATE>Friday, June 14, 2024</DATE>
    <UNITNAME>Presidential Documents</UNITNAME>
    <NEWPART>
        <PTITLE>
            <PRTPAGE P="51195"/>
            <PARTNO>Part V</PARTNO>
            <PRES>The President</PRES>
            <PNOTICE>Notice of June 13, 2024—Continuation of the National Emergency With Respect to Belarus</PNOTICE>
            <PNOTICE>Notice of June 13, 2024—Continuation of the National Emergency With Respect to North Korea</PNOTICE>
            <PNOTICE>Notice of June 13, 2024—Continuation of the National Emergency With Respect to the Western Balkans</PNOTICE>
        </PTITLE>
        <PRESDOCS>
            <PRESDOCU>
                <PRNOTICE>
                    <TITLE3>Title 3—</TITLE3>
                    <PRES>
                        The President
                        <PRTPAGE P="51197"/>
                    </PRES>
                    <PNOTICE>Notice of June 13, 2024</PNOTICE>
                    <HD SOURCE="HED">Continuation of the National Emergency With Respect to Belarus</HD>
                    <FP>
                        On June 16, 2006, by Executive Order 13405, the President declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 
                        <E T="03">et seq.</E>
                        ) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions and policies of certain members of the Government of Belarus and other persons to undermine Belarus's democratic processes or institutions, manifested in the fundamentally undemocratic March 2006 elections; to commit human rights abuses related to political repression, including detentions and disappearances; and to engage in public corruption, including by diverting or misusing Belarusian public assets or by misusing public authority.
                    </FP>
                    <FP>On August 9, 2021, by Executive Order 14038, I expanded the scope of the national emergency declared in Executive Order 13405, finding that the Belarusian regime's harmful activities and long-standing abuses aimed at suppressing democracy and the exercise of human rights and fundamental freedoms in Belarus—including illicit and oppressive activities stemming from the August 9, 2020, fraudulent Belarusian presidential election and its aftermath, such as the elimination of political opposition and civil society organizations and the regime's disruption and endangering of international civil air travel—constituted an unusual and extraordinary threat to the national security and foreign policy of the United States.</FP>
                    <FP>The actions and policies of certain members of the Government of Belarus and other persons, and the Belarusian regime's harmful activities and long-standing abuses, continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. For this reason, the national emergency declared in Executive Order 13405, which was expanded in scope in Executive Order 14038, must continue in effect beyond June 16, 2024. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13405.</FP>
                    <PRTPAGE P="51198"/>
                    <FP>
                        This notice shall be published in the 
                        <E T="03">Federal Register</E>
                         and transmitted to the Congress.
                    </FP>
                    <GPH SPAN="1" DEEP="80" HTYPE="RIGHT">
                        <GID>BIDEN.EPS</GID>
                    </GPH>
                    <PSIG> </PSIG>
                    <PLACE> THE WHITE HOUSE,</PLACE>
                    <DATE>June 13, 2024.</DATE>
                    <FRDOC>[FR Doc. 2024-13361</FRDOC>
                    <FILED>Filed 6-13-24; 11:15 am]</FILED>
                    <BILCOD>Billing code 3395-F4-P</BILCOD>
                </PRNOTICE>
            </PRESDOCU>
        </PRESDOCS>
    </NEWPART>
    <VOL>89</VOL>
    <NO>116</NO>
    <DATE>Friday, June 14, 2024</DATE>
    <UNITNAME>Presidential Documents</UNITNAME>
    <PRESDOC>
        <PRESDOCU>
            <PRNOTICE>
                <PRTPAGE P="51199"/>
                <PNOTICE>Notice of June 13, 2024</PNOTICE>
                <HD SOURCE="HED">Continuation of the National Emergency With Respect to North Korea</HD>
                <FP>
                    On June 26, 2008, by Executive Order 13466, the President declared a national emergency with respect to North Korea pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 
                    <E T="03">et seq.</E>
                    ) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the existence and risk of the proliferation of weapons-usable fissile material on the Korean Peninsula. The President also found that it was necessary to maintain certain restrictions with respect to North Korea that would otherwise have been lifted pursuant to Proclamation 8271 of June 26, 2008, which terminated the exercise of authorities under the Trading With the Enemy Act (50 U.S.C. App. 1 
                    <E T="03">et seq.</E>
                    ) with respect to North Korea.
                </FP>
                <FP>
                    On August 30, 2010, the President signed Executive Order 13551, which expanded the scope of the national emergency declared in Executive Order 13466 to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the continued actions and policies of the Government of North Korea, manifested by its unprovoked attack that resulted in the sinking of the Republic of Korea Navy ship 
                    <E T="03">Cheonan</E>
                     and the deaths of 46 sailors in March 2010; its announced test of a nuclear device and its missile launches in 2009; its actions in violation of United Nations Security Council Resolutions 1718 and 1874, including the procurement of luxury goods; and its illicit and deceptive activities in international markets through which it obtains financial and other support, including money laundering, the counterfeiting of goods and currency, bulk cash smuggling, and narcotics trafficking, which destabilize the Korean Peninsula and imperil United States Armed Forces, allies, and trading partners in the region.
                </FP>
                <FP>
                    On April 18, 2011, the President signed Executive Order 13570 to take additional steps to address the national emergency declared in Executive Order 13466 and expanded in Executive Order 13551 that would ensure implementation of the import restrictions contained in United Nations Security Council Resolutions 1718 and 1874 and complement the import restrictions provided for in the Arms Export Control Act (22 U.S.C. 2751 
                    <E T="03">et seq.</E>
                    ).
                </FP>
                <FP>On January 2, 2015, the President signed Executive Order 13687 to expand the scope of, and to take further steps with respect to, the national emergency declared in Executive Order 13466, as expanded in Executive Order 13551, and addressed further in Executive Order 13570, to address the threat to the national security, foreign policy, and economy of the United States constituted by the provocative, destabilizing, and repressive actions and policies of the Government of North Korea, including its destructive, coercive cyber-related actions during November and December 2014, actions in violation of United Nations Security Council Resolutions 1718, 1874, 2087, and 2094, and commission of serious human rights abuses.</FP>
                <FP>
                    On March 15, 2016, the President signed Executive Order 13722 to take additional steps with respect to the national emergency declared in Executive Order 13466, as modified in scope and relied upon for additional steps in subsequent Executive Orders, to address the Government of North Korea's continuing pursuit of its nuclear and missile programs, as evidenced by 
                    <PRTPAGE P="51200"/>
                    its February 7, 2016, launch using ballistic missile technology and its January 6, 2016, nuclear test in violation of its obligations pursuant to numerous United Nations Security Council resolutions and in contravention of its commitments under the September 19, 2005, Joint Statement of the Six-Party Talks, that increasingly imperils the United States and its allies.
                </FP>
                <FP>On September 20, 2017, the President signed Executive Order 13810 to take further steps with respect to the national emergency declared in Executive Order 13466, as modified in scope and relied upon for additional steps in subsequent Executive Orders, to address the provocative, destabilizing, and repressive actions and policies of the Government of North Korea, including its intercontinental ballistic missile launches of July 3 and July 28, 2017, and its nuclear test of September 2, 2017; its commission of serious human rights abuses; and its use of funds generated through international trade to support its nuclear and missile programs and weapons proliferation.</FP>
                <FP>The existence and risk of the proliferation of weapons-usable fissile material on the Korean Peninsula and the actions and policies of the Government of North Korea continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. For this reason, the national emergency declared in Executive Order 13466, expanded in scope in Executive Order 13551, addressed further in Executive Order 13570, further expanded in scope in Executive Order 13687, and under which additional steps were taken in Executive Order 13722 and Executive Order 13810, must continue in effect beyond June 26, 2024. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13466 with respect to North Korea.</FP>
                <FP>
                    This notice shall be published in the 
                    <E T="03">Federal Register</E>
                     and transmitted to the Congress.
                </FP>
                <GPH SPAN="1" DEEP="80" HTYPE="RIGHT">
                    <GID>BIDEN.EPS</GID>
                </GPH>
                <PSIG> </PSIG>
                <PLACE>THE WHITE HOUSE,</PLACE>
                <DATE>June 13, 2024.</DATE>
                <FRDOC>[FR Doc. 2024-13362 </FRDOC>
                <FILED>Filed 6-13-24; 11:15 am]</FILED>
                <BILCOD>Billing code 3395-F4-P</BILCOD>
            </PRNOTICE>
        </PRESDOCU>
    </PRESDOC>
    <VOL>89</VOL>
    <NO>116</NO>
    <DATE>Friday, June 14, 2024</DATE>
    <UNITNAME>Presidential Documents</UNITNAME>
    <PRESDOC>
        <PRESDOCU>
            <PRNOTICE>
                <PRTPAGE P="51201"/>
                <PNOTICE>Notice of June 13, 2024</PNOTICE>
                <HD SOURCE="HED">Continuation of the National Emergency With Respect to the Western Balkans</HD>
                <FP>
                    On June 26, 2001, by Executive Order 13219, the President declared a national emergency with respect to the Western Balkans pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 
                    <E T="03">et seq.</E>
                    ) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions of persons engaged in, or assisting, sponsoring, or supporting, (i) extremist violence in the former Republic of Macedonia (what is now the Republic of North Macedonia) and elsewhere in the Western Balkans region, or (ii) acts obstructing implementation of the Dayton Accords in Bosnia or United Nations Security Council Resolution 1244 of June 10, 1999, in Kosovo. The President subsequently amended that order in Executive Order 13304 of May 28, 2003, to take additional steps with respect to certain actions that obstruct implementation of, among other things, the Ohrid Framework Agreement of 2001 relating to Macedonia (what is now the Republic of North Macedonia).
                </FP>
                <FP>On June 8, 2021, I signed Executive Order 14033, which expanded the scope of the national emergency declared in Executive Order 13219, as amended, finding that the situation in the territory of the former Socialist Federal Republic of Yugoslavia and the Republic of Albania (the Western Balkans), over the past two decades, including the undermining of post-war agreements and institutions following the breakup of the former Socialist Federal Republic of Yugoslavia, as well as widespread corruption within various governments and institutions in the Western Balkans, stymies progress toward effective and democratic governance and full integration into transatlantic institutions, and thereby constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States.</FP>
                <FP>The actions of persons threatening the peace and international stabilization efforts in the Western Balkans, including acts of extremist violence and obstructionist activity, and the situation in the Western Balkans, which stymies progress toward effective and democratic governance and full integration into transatlantic institutions, continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States. For this reason, the national emergency declared in Executive Order 13219, under which additional steps were taken in Executive Order 13304, and which was expanded in scope in Executive Order 14033, must continue in effect beyond June 26, 2024. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency declared in Executive Order 13219 with respect to the Western Balkans.</FP>
                <PRTPAGE P="51202"/>
                <FP>
                    This notice shall be published in the 
                    <E T="03">Federal Register</E>
                     and transmitted to the Congress.
                </FP>
                <GPH SPAN="1" DEEP="80" HTYPE="RIGHT">
                    <GID>BIDEN.EPS</GID>
                </GPH>
                <PSIG> </PSIG>
                <PLACE>THE WHITE HOUSE,</PLACE>
                <DATE>June 13, 2024.</DATE>
                <FRDOC>[FR Doc. 2024-13363</FRDOC>
                <FILED>Filed 6-13-24; 11:15 am]</FILED>
                <BILCOD>Billing code 3395-F4-P</BILCOD>
            </PRNOTICE>
        </PRESDOCU>
    </PRESDOC>
</FEDREG>
